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PUBLIC ADVISORY: LEGAL MATTERS 101!!!


BAKIT BAWAL MAGTINDA NG LPG SA LOOB NG PALENGKE? WALA PA NAMAN MUNICIPAL ORDINANCE TUNGKOL DYAN?
Selling of Liquified Petrolium Products (LPP) in the public market and/ or within the barangays and Bote Bote Gasoline is ILLEGAL, considering in direct violation to the following National Laws and Circulars for not complying with its provisions; to wit
RA 8479. AN ACT DEREGULATING THE DOWNSTREAM OIL INDUSTRY AND FOR OTHER PURPOSES
DOE Circular-2014-01-0001. No person shall be allowed in any LPG industry without a valid Standard Compliance Certificate
Under the circular, all importers, suppliers, refiners, refillers, marketers, distributors, haulers, transporters, handlers, storers, retailers, sellers and dealers of LPG must have an SCC to be able to transact with other LPG industry players and sell to consumers.
According to DOE, the circular will serve as a safeguard for LPG customers as it will discourage those who are illegally selling LPG without proper clearances.
RA 9514. Fire Code of the Philippines
Section 10.3.4.3.3 par A (2) No person shall install or maintain any LPG container without a permit from the Department of Energy and other concerned government agencies.
Section 10.3.4.3.3 par (F). A Fire Safety Clearance for the installation, storage, handling, SALE, maintenance and transportation of Liquefied Petroleum Gas (LPG) shall be obtained from the City/Municipal Fire Marshal having jurisdiction.
List of Requirements.
1. Cylinders in storage shall be located to minimize exposure to excessive temperature rise, physical damage or tampering by unauthorized persons and shall not be stored near open flames;
2. Cylinders when stored inside shall not be so located near exits, stairways, or in areas normally used or intended for safe exit of people ;
3. Cylinders (empty or filled) which require valve protecting caps shall have such caps in place while in storage and empties shall be separated from filled cylinders;
4. The outlet valves of cylinders in storage shall always be closed;
5. Empty cylinders which have been in service should preferably be stored in the open;
6. No open light or flame should be used except electric lights;
7. At least One (1) units of 20 lbs approved carbon dioxide or all purpose dry chemical fire extinguishers shall be installed and readily accessible at conspicuous place in the storage premises;
8. The “NO SMOKING” signs shall be posted in the storage premises;
9. That the electrical installation of the premises shall be certified by the Municipal Electrician of the Municipal Engineers Office;
10. That the bureau of Energy Utilization’s (BEU) approval shall be made available;
11. That the requirements of the Fire Code of the Philippines (R.A 9514) shall be complied with;
Since that Public Market considered as a general, a Mercantile Occupancy, therefore
Section 10.2.13.3 par (E). Any area used for general storage,boiler or furnace rooms, FUEL STORAGE, janitor closet, maintenance shops including woodworking and painting, and kitchen shall be SEPARATED FROM THE OTHER PARTS OF THE BUILDING by construction having a fire resistance rating of NOT LESS THAN ONE HOUR and all openings shall be protected with self-closing doors.
During the Education and Information Campaign of DOE dated July 13, 2018 at Batangas Provincial Capitol, Batangas City. Different Implementing Rules and Regulations, Department Circulars, Administrative Orders, and Republic Acts in accordance with the Department of Energy were discussed during the briefing for information, guidance, and appropriate actions.
DOE emphasized and appealed to the Local Government Units to make necessary action with political will to enforce the law to stop illegal activities involving Liquefied Petroleum Products (LPP) and Liquefied Petroleum Gas (LPG). Also, TO PASS AND IMPLEMENT LOCAL ORDINANCE that support the DOE rules and regulations implementation on LPG and Petroleum pruducts; enforce the closure of erring establishments as the DOE recommended;
Other Cities and Municipalities with Ordinances regarding LPG
Ibaan, Batangas
“Municipal Ordinance No. 98-01, An ordinance prohibiting the sale of kerosene inside and within the premises of the New Public Market, Ibaan, Batangas.”
Penalty:
First offense – fine of P1,000.00
Second offense – fine of P2,000.00 plus revocation of Mayor’s Permit and confiscation of Certificate of ownership of Stall.”
“Municipal Ordinance No. 97-08, an Ordinance prohibiting the selling of Liquified Petroleum Gas (LPG) inside and within the premises of the New Public Market, Ibaan, Batangas.”
Penalty:
First offense – fine of P1,000.00
Second offense – fine of P2,000.00 plus revocation of Mayor’s Permit and confiscation of Certificate of ownership of Stall.”
GENERAL SANTOS CITY
ORDINANCE NO. 02 Series of 2006
AN ORDINANCE TO REGULATE THE HAULING, REFILLING, DEALING/RETAILING OF LIQUEFIED PETROLEUM GAS (LPG) AND THE MANUFACTURE/REPAIR OF LPG CYLINDERS, PROVIDING PENALTIES FOR VIOLATION AND FOR OTHER PURPOSES
Section 14. Enforcement. The Task force LPG, which is created under Executive Order No. 007, Series of 2006 shall be exclusively responsible to effectively enforce the provisions of this Ordinance.
Section 15. Business Permit. Business Permit and License Office is hereby directed not to issue or renew a business license or a permit to any person without first securing the necessary Certificate of Compliance from DOE in case of brand owner, refillers, marketers, dealers or retailers and BPS Accreditation in case of LPG cylinder manufacturer or cylinder Repairer issued by the Bureau of Product Standards of the Department of Trade and Industry. Such business license/permit shall expressly state that the brand owner, dealer, marketer or retailer is authorized to engage in the manufacture, distribution and sale of LPG in cylinders and shall be prominently displayed in the establishment.
Section 16. Penalties. Any person, natural or juridical, found to be engaged in the sale, distribution, refilling or manufacture, repair and requalification of LPG cylinders without a Certificate of Compliance or BPS accreditation shall suffer the following penalties: (A) First Offense – Impounding of LPG cylinders until a license is secured, and a fine of P500.00 for every impounded cylinder; (B) Second Offense – Impounding of LPG Cylinders until a license is secured, and a fine of P1,000.00 for every impounded cylinder; (C) and subsequent offenses – Permanent Impoundment of LPG cylinders, imprisonment of six (6) months, and revocation of business permit.
Section 17. Penalties for Specific Violations. Violations of the provisions of Section 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 shall be penalized as follows: (A) First violation – reprimand and a fine of P 1,000.00 for every cylinder; (B) Second violation – second warning plus a fine of P 2,000.00 for every cylinder; (C) Third and subsequent violations – fine of P 03,000.00 for every cylinder, imprisonment of six (6) months, and revocation of business permit.
Section 18. Authority to Impound. All LPG cylinders found to be the subject of the violation of this Ordinance shall be impounded in favor of the city’s Local Government Unit. In accordance with the IRR of PD 1865, impounding shall be applicable to the following cases of Violation: (a) Adulterated LPD product in bulk depots, retail outlets or transit; (b) LPG cylinders found to be underfilled; (c) Violation of the prohibition on anti-hoarding; (d) LPG diverted from the buyers designated point; (e) LPG sold or transported by haulers without due license from the DOE; (f) LPG products without receipts; (g) LPG cylinders filled by filling plants without license from the DOE and/or filled in cylinders not owned by the filling plant or marketer who do not have the written authorization from the owner to use or fill the cylinder; and (h) LPG without tare weight and/or seal.
FIRE SAFETY IS OUR MAIN CONCERN
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