BFP Central office says LPG plant violated code

CEBU, Philippines -  The Bureau of Fire Protection national headquarters ruled that the Petronas Liquified Petroleum Gas plant in the City of Naga has violated the Fire Code of the Philippines.

BFP Officer-In-Charge, Chief Superintendent Carlito Romero, approved on July 15, 2014 the resolution of the Fire Code Technical Staff (FCTS) reversing the ruling of its regional office in Central Visayas showing that the Petronas LPG Terminal in the City of Naga has violations of the fire safety standards.

The FCTS ruled that the Petronas’ facility in Barangay Langtad has to follow the safety distance requirements provided for by the Fire Code of the Philippines and its implementing rules for its aboveground spherical tanks which has a total capacity of over 4.5 million liters.

“The minimum safety distance set forth under Table 26 of the IRR 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,” they ruled.

They said that the argument of Petronas that the safety distance requirements as provided by Table 26 of the IRR of RA 9514 which does not apply to bulk LPG plants is an “absurdity.”

The ruling further stated “that Table 26 does not apply to bulk plant is an absurdity, because while the lesser container has to observe the minimum setback distance, the bulk container that contains more hazardous substance is not required or is allowed to reduce the set minimum set back distance.”

Pryce Gases Inc. (PGI) filed a case in September 2013 against Petronas for violation of the Fire Code of the Philippines, because the huge LPG storage tanks are located very close to adjoining properties.

It alleged that the Petronas facility failed to follow the 122 meter safety distance required by law for LPG tanks with capacity of over 378,000 liters.

A November 26, 2013 Inspection Report of BFP-7 signed by Regional Director Ma. Luisa Hadjula indicated that the Petronas tanks are 65.5 meters away from adjoining properties.

Hadjula, however, justified the non-compliance, saying that a fire safety ana-lysis on the plant indicates that it is not a fire hazard.

The Petronas facility was initially issued a Fire Safety Inspection Certificate (FSIC) but it expired on December 31, 2013 and this hasn’t been renewed to date.

PGI legal counsel, lawyer Jennie Cabading, lauded the decision of the BFP central office as a triumph of the rule of law. She said that despite the blatant vio-lations on Philippine laws, the Petronas facility has been allowed to operate by the local government unit of the City of Naga by issuing it a patently illegal business permit.

Section 5 of the Fire Code of the Philippines mandates the issuance of an FSIC by the BFP before a business or mayor’s permit can be issued.

Cabading implored Naga City Mayor Valdemar Chiong that “by virtue of your authority under the General Welfare Clause of the Local Government Code, to cancel the illegal conditional business permit granted to Petronas and thereafter close or padlock its facility pending compliance with the mandate of the Chief of the Bureau of Fire Protection and of the Fire Code of the Philippines.”

In its ruling though, the BFP reduced the safety distance requirement for LPG storage tanks with a capacity of over 378,000 liters. For Petronas, the safety distance requirement has been reduced to 91 meters instead of 122 meters, owing to a typographical error in the implementing rules and regulations.

The Fire Marshall of Naga City has been ordered to do a re-inspection of the plant to determine if they have complied with the 91 meter safety distance requirement.

“Nonetheless, we enjoin the Fire Marshal of Naga to conduct the re-inspection immediately, with transparency, by including a representative of PGI, a party to the case and/or an independent third party,” Cabading said. —/ATO (FREEMAN)