CR: BLGS-2023-12-19-004

RSCN-2023-12-22-133

12/22/2023
2:07PM

2023-202

DEC 19, 2023

 (SAMPLE/SUGGESTED DRAFT ONLY)

ORDINANCE NO:
SERIES OF

AN ORDINANCE GOVERNING THE USE OF FIRECRACKERS AND

PYROTECHNICS IN [NAME OF LOCAL GOVERNMENT UNIT]

WHEREAS, to prevent injuries, damage to properties, and other health effects, as a matter of
public safety, there is a need to regulate the use of firecrackers and pyrotechnic devices;

WHEREAS, in this regard, Republic Act No. 7183 and its Revised Implementing Rules and
Regulations provides for the regulation and control of firecrackers and pyrotechnic devices;

WHEREAS, Executive Order No. 28 series 2017 limits the use of firecrackers only to
community fireworks displays that have a permit from the concerned city or municipality,
among other requirements;

WHEREAS, Section 16 of Republic Act No. 7160 or the “Local Government Code of 1991”
provides that local governments shall exercise the powers expressly granted, those necessary
implied therefrom, as well as powers necessary, appropriate, or incidental for efficient and
effective governance and those which are essential to the promotion of the general welfare;

NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED, by the

Sangguniang [Panglungsod/Bayan] herein assembled:

Section 1. Title - This Ordinance shall be known as the “Firecrackers and Pyrotechnic Devices
Ordinance” of the [Municipality/City].

Section 2. Purpose - It is the purpose of this Ordinance to regulate and control the use of
firecrackers and pyrotechnic devices to minimize the risk of injuries and casualties, to protect
the environment, in furtherance of public safety and security, and for enhancement of cultural
traditions.

Section 3. Coverage - This Ordinance shall apply to all persons or entities, whether public or
private, engaged in the use or trade of firecrackers and pyrotechnic devices within the territorial
jurisdiction of [Municipality/City].

Section 4. Definition of Terms

A. Community Fireworks Display - refers to the use of firecrackers and pyrotechnic devices
contained in the designated Fireworks Zone, and conducted on the occasion or as part of a
celebration, competition or similar events, authorized by the [Municipality/City] through a
permit, in coordination with the PNP and Bureau of Fire Protection (BFP), specifying the
date and time of fireworks display and the specific area in which the display will be
conducted, in conformity with national standards, rules, and regulations;
B. Fireworks - refers to firecrackers and pyrotechnic devices;
 C. Firework Zones - refers to the [Municipality/City]’s designated area/zone where the
Community Fireworks Display can be suitably conducted;

D. Firecrackers - refer to loud, explosive devices wrapped in paper or cardboard casing

containing an explosive compound and usually lit with a fuse, primarily designed to
produce a sound usually in the form of a loud bang, and any visual effect thereto is merely
incidental to the nature of its effect and purpose, including but not limited to baby rocket,
bawang and small triangulo;
E. Pyrotechnic Devices - refer to fireworks which utilize visuals such as colored lights,
flames, smoke, sparks, flashes, etc, as primary effects, and any sound effect thereto is
merely incidental to the nature of their effects and purpose, including but not limited to
sparklers, luces and fountain;
Section 5. Ban on Individual, Personal or Household Use of Firecrackers
A. The individual, personal or household use of firecrackers of any kind shall be banned.
Firecrackers shall be allowed only within Community Fireworks Displays as defined
above.

B. Pursuant to Executive Order No. 28 s. 2017, this firecracker ban shall not cover
pyrotechnic devices, which may be used within or outside Community Fireworks
Displays, subject to applicable laws and regulations.

Section 6. Designated Fireworks Zones

A. The LGU, in coordination with the PNP and BFP, shall assess and determine specific areas
within the [Municipality/City] to be designated as firework zones, where Community
Fireworks Displays may be conducted.

B. The following criteria shall be considered for determining designated firework zones:

1. Population within the area;

2. Availability of emergency medical staff or first aid responders and necessary tools and
equipment;
3. Availability of firefighting equipment;
4. Safe distance of more than 100 feet (30 meters) away from residential areas; and
5. Such other factors which may be relevant to the safety of residents in the area.
Section 7. Community Fireworks Displays

Application for permit/s to conduct Community Fireworks Display may be filed by a business
establishment, homeowners’ association or other recognized community organization, with the
[Public Order and Safety Office] of the [Municipality/City], indicating the specific date and time
of the activity, and the type of fireworks to be used. The [Public Order and Safety Office] may
grant the permit subject to compliance with applicable laws and regulations, including but not
limited to the following safety standards:
 1. Fireworks must be fired at a distance at least 100 feet (30 meters) away from persons.
2. All fireworks shall project skywards.
3. A responsible person with sufficient fireworks handling and safety knowledge shall
supervise the fireworks display.
4. First aid and fire protection equipment (at the minimum, a fire extinguisher and a large
drum filled with water) shall be on hand during the display.
5. The nearest fire station shall be notified at least 24 hours prior to the start of the event.
Section 8. Fireworks Dealers.

Aside from the usual business permits, fireworks dealers must obtain a clearance from the
[Public Order and Safety Office] of the [Municipality/City], presenting the applicable PNP
license. The [Public Order and Safety Office] may grant the clearance subject to compliance
with applicable laws and regulations, including but not limited to the following safety standards:
1. Each stall must have a minimum of one (1) fire extinguisher and one (1) large drum
filled with water.
2. No smoking within 15 meters of any fireworks.
3. No stoves, heaters, exposed flames or other fire hazards within 15 meters of any
fireworks.
4. No testing of any fireworks.
5. No sales to minors.
6. No storage or retail displays of the actual/physical fireworks inside malls or similar
establishments.
7. No sales of any fireworks totally banned by the PNP as mentioned immediately below.

Section 9. Absolute Prohibitions.

A. From time to time, pursuant to Republic Act No. 7183 and its Revised
Implementing Rules and Regulations, the PNP issues a list of totally banned fireworks that
may not be used under any circumstances, whether inside or outside Community
Fireworks Displays, including but not limited to Super Lolo, Lolo Thunder, Atomic
Bomb, Watusi, oversized or overweight firecrackers, and firecrackers with a fuse that
burns in less than three (3) seconds or more than six (6) seconds. Such list of totally
banned fireworks shall be deemed automatically integrated into this Ordinance, and the
manufacture, sale or use of such totally banned fireworks shall constitute a violation
punishable under this Ordinance.

B. No fireworks of any kind may be sold to, or used by minors.

Section 10. Surveillance and Reporting –

A. All fireworks-related injuries shall be reported, if any, to the Local Health Office, which
in turn shall submit a regular weekly report, if any, to the Department of Health in
accordance with the 2020 Revised IRR of RA No. 11332 entitled “Mandatory Reporting
of Notifiable Diseases and Health Events of Public Health Concern Act.”

B. All cases of firecrackers and pyrotechnic devices related injuries, if any, in the
[Municipality/City] shall be consolidated and reported monthly by the Local Health
Office to the Department of Health through the Online National Electronic Injury
Surveillance System, in accordance with the Rule 6 of the 2017 Implementing Rules and
Regulations Governing the Administration and Enforcement of Executive Order No. 28
series of 2017.

Section 11. Penalties. Any person that violates the provisions of this Ordinance shall be
penalized with imprisonment of not more than six (6) months and/or a fine of not more than
Two Thousand Five Hundred Pesos (P2,500.00) at the discretion of the court. Businesses that
violate this Ordinance shall be subject to summary revocation of their business permit. The
foregoing shall be without prejudice to existing penalties and sanctions under RA No. 7183 and
other relevant laws and regulations.

Section 12. Separability Clause. If any provision/s or part/s of this Ordinance is declared
unconstitutional or invalid, the provisions thereof not affected by such declarations shall remain
in full force and effect.

Section 13. Repealing Clause. All ordinances, resolutions, issuances or parts thereof,
inconsistent with the provisions of this Ordinance are hereby repealed, amended, or modified
accordingly.

Section 14. Effectivity. This Ordinance shall take effect after its posting at prominent places in
the [Municipal/City] Hall for three (3) consecutive weeks and after its publication in a
newspaper of general circulation within the territorial jurisdiction of the [Municipality/City].

DONE, in the [Municipality/City], this day of _______________ in the year of

_____________________.