Local wants LPG firm stripped of biz permit

CEBU, Philippines - A resident of the City of Naga has petitioned to the court to prohibit Mayor Valdemar Chiong from issuing a business certificate to Petronas LPG Terminal in Barangay Langtad for its alleged failure to secure a Fire Safety Inspection Certificate.

Isauro Garcia petitioned to the court last January 6 that Petronas LPG has been operating without a valid business permit since January 2014.

Garcia said the local government unit of Naga has reportedly been issuing conditional business permits to Petronas plant after the Bureau of Fire Protection did not renew its FSIC in January 2014 over questions of its compliance to the Fire Code of the Philippines.

Lawyer Julius Entise said the case was raffled off yesterday to Regional Trial Court Judge Raphael Yrastorza of Branch 14.

The Petronas LPG Terminal, which has a capacity of around 4.5 million liters, has been questioned for not following safety distance requirements under the Fire Code.

The Fire Code requires LPG terminals with capacity of over 378,000 liters to be have at least 91 meters safety distance from the tank to the perimeter line of the plant.

A July 15, 2014 ruling of the BFP, signed by then Chief Supt. Carlito Romero, said the minimum safety distance set forth by the Implementing Rules and Regulation of RA 9514, “specifically on the distance of LPG container with respect to building or line of adjoining property that can be built upon, cannot be reduced by mere submission of fire safety analysis.”

A measurement made by the BFP-7 in November 2013 showed that Petronas tanks are only 65.5 meters from the boundary of the adjoining property.

The same ruling by Romero said that LPG terminals with capacities of more than 378,000 liters should be at least 91 meters from the boundary of adjoining properties.

Clearly, the Petronas facility cannot satisfy this vital fire safety requirement and cannot be issued an FSIC and business permit, Entise said.

The petitioner’s counsel also said they have sought court intervention through a Petition for Prohibition with prayer for a temporary restraining order and a writ of preliminary injunction to stop the LGU of Naga from issuing a “patently illegal business permit.”

“We want to stop the patently illegal issuance by Mayor Chiong of conditional business permit to Petronas,” Entise said.

He cited Sec. 5 (g) of the RA 9514 or the Fire Code of the Philippines as requiring prohibiting the LGU from issuing business and/or occupancy permit to establishments without FSIC.

Section 5 (g) of the RA 9514 or the Fire Code of the Philippines states that “no occupancy permit, business permit or permit to operate shall be issued without securing a Fire Safety Inspection Certificate from the BFP chief or his/her duly authorized representative.”  (FREEMAN)