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This page features the full text of
Republic Act No.
7183
AN
ACT REGULATING THE SALE, MANUFACTURE, DISTRIBUTION AND USE OF
FIRECRACKERS
AND OTHER PYROTECHNIC DEVICES
REPUBLIC
ACT NO. 7183AN
ACT REGULATING THE SALE, MANUFACTURE, DISTRIBUTION AND USE OF
FIRECRACKERS
AND OTHER PYROTECHNIC DEVICES
Section
1. Purpose of this Act. — It
is the purpose of this Act to regulate and control the manufacture,
sale,
distribution and use of firecrackers and other pyrotechnic devices
consistent
with, and in furtherance of, public safety, order and national
security,
as well as the enhancement of the cultural traditions.
chanrobles virtuallaw libraryred
Sec.
2. Types of Firecrackers and
Pyrotechnic Devices Allowed in this Act. — The following common types
of
firecrackers and pyrotechnic devices may be manufactured, sold,
distributed
and used:
A. Firecrackers:chanroblesvirtualawlibrary(1) Baby
rocket — A firecracker with a stick so constructed that lighting of the
wick will propel the whole thing to lift a few meters before exploding.
The firecracker is about 1 ½ inches in length by 3/8 inch in
diameter
while the stick is about a foot in length; chanrobles virtuallaw libraryredchan
robles
virtual law library
(2) Bawang
— A firecracker larger than a triangulo with 1/3 teaspoon of powder
packed
in cardboard tied around with abaca strings and wrapped in shape of
garlic;
(3) Small
triangulo — A firecracker shaped like a triangle with powder content
less
than the bawang and usually wrapped in brown paper measuring ¾
inch
length in its longest side;
(4) Pulling
of strings — A firecracker consisting of a small tube about an inch in
length and less than ¼ of an inch in diameter with strings on
each
end. Pulling both strings will cause the firecracker to explode;
(5) Paper
caps — Minute amount of black powder spread in either small strips of
paper
on a small sheet used for children's toy guns;
(6) El
diablo — Firecrackers tubular in shape about 1 ¼ inches in
length
and less than ¼ inch in diameter with a wick; also known as
labintador;
(7) Watusi
— Usually reddish in color about 1 ½ inches in length and 1/10
inch
in width usually ignited by friction to produce a dancing movement and
a crackling sound; chanrobles virtuallaw libraryred
(8) Judah's
belt — A string of firecrackers consisting of either diablos or small
triangulos
that can number up to a hundred or thereabout and culminating in large
firecracker usually a bawang;
(9) Sky
rocket (kwitis) — A large version of a baby rocket designed to be
propelled
to a height of forty (40) to fifty (50) feet before exploding;
(10) Other
types equivalent to the foregoing in explosive content.
B. Pyrotechnic
Devices: (1) Sparklers
— Pyrotechnic devices usually made of black powder on a piece of wire
or
inside a paper tube designed to light up and glow after igniting; chan
robles
virtual law library(2) Luces
— Any of several kinds of sparklers; chanrobles virtuallaw libraryred
(3) Fountain
— A kind of sparkler conical in shape which is lighted on the ground
and
designed to provide various rising colors and intermittent lights upon
being ignited;
(4) Jumbo
regular and special — A kind of sparkler similar to a "fountain" but
bigger
in size;
(5) Mabuhay
— Sparklers bunched into a bundle of a dozen pieces;
(6) Roman
candle — A sparkler similar to a "fountain" but shaped like a big
candle; chanrobles virtuallaw libraryred
(7) Trompillo
— A pyrotechnic device usually fastened at the center and designed to
spin
first clockwise and then counter-clockwise and provides various colored
lights upon being ignited;
(8) Airwolf
— A kind of sky rocket shaped like an airplane with a propeller to rise
about forty (40) or fifty (50) feet and provide various kinds of light
while aloft;
(9) Whistle
device — Any of the various kinds of firecrackers or pyrotechnic
designed
to either simply emit a whistle-like sound or explode afterwards upon
being
ignited;
(10) Butterfly
— Butterfly-shaped pyrotechnic device designed to lift above ground
while
providing light;
(11) All
kinds of pyrotechnic devices (pailaw); and chanrobles virtuallaw libraryred
(12) Other
types equivalent to the foregoing devices.
Sec.
3. Prohibited Types of Firecrackers
and Pyrotechnic Devices. — The manufacture, sale, distribution and use
of other types of firecrackers and pyrotechnic devices not mentioned in
the foregoing section, of such explosive content that could endanger
life
and limb, such as atomic big triangulo and super lolo and their
equivalent
are hereby prohibited. Determination of what constitutes prohibited
firecrackers
and pyrotechnic devices shall be vested with the Director-General of
the
Philippine National Police (PNP).chanrobles virtual law library
chan robles
virtual law library
Sec.
4. License or Permit Requirements.
— License or permit to manufacture, sell and distribute firecrackers
and
other pyrotechnic devices shall be granted for the manufacture, sale
and
distribution of firecrackers and other pyrotechnic devices enumerated
in
Section 2 hereof. Under no circumstances shall a license or permit be
granted
for the manufacture, sale and/or distribution of prohibited
firecrackers
and other pyrotechnic devices mentioned in Section 3 hereof. chanrobles virtuallaw libraryred
Any
person desiring to manufacture, sell or distribute fireworks and other
pyrotechnic devices shall file his application for the issuance of
license
or business permit with the Chief of PNP, through the provincial
director
of the province where the business or project is located. Applicants
from
Metro Manila shall submit their application through the Commanding
Officer
of the Firearms and Explosives Unit, Headquarters, PNP.cralaw:red
Reasonable
fees may be charged for the issuance of said licenses or permits to
defray
the cost of regulating the manufacture, sale and distribution of
firecrackers
and pyrotechnic devices.cralaw:red
Sec.
5. Qualifications of Manufacturers
or Dealers. — A license or permit to manufacture or to deal in
wholesale
or retail of firecrackers and pyrotechnic devices shall be issued only
to: (a) Filipino citizens of good moral character; or (b) entities duly
registered with the Bureau of Commerce of the Department of Trade and
Industry
(DTI) or the Securities and Exchange Commission (SEC), one hundred per
centum (100%) of the capitalization of which is owned by Filipino
citizens.cralaw:red
Sec.
6. Importation of Chemicals and
Explosive Ingredients. — The importation of finished firecrackers and
fireworks
shall be prohibited.cralaw:red
Only
duly licensed manufacturers shall be allowed to import chemicals or
explosive
ingredients used in the manufacture of firecrackers and pyrotechnic
devices. chanrobles virtuallaw libraryred
Any
person licensed to manufacture, deal in or purchase chemical and
explosive
ingredients who desires to import explosive ingredients from abroad
shall
submit his application to the Chief of the PNP, through the provincial
director of the province where the business or project is located.
Applicants
from Metro Manila shall submit their applications through the
Commanding
Officer of the Firearms and Explosives Unit, Headquarters, PNP.cralaw:red
Sec.
7. Safety Guidelines. — Strict
compliance of the following safety precautions, rules and regulations
shall
be observed by manufacturers, distributors and users of firecrackers
and
pyrotechnic devices:
(a) A
zone shall be designed by the local government unit where a
manufacturing
complex may be established. The outer perimeter of this zone shall be
at
least three hundred (300) meters away from the nearest residential
units.
Once a zone has been defined, no residential unit shall be permitted
nearer
than three hundred (300) meters from the perimeter of such zone; chan
robles
virtual law library(b) The
manufacturing complex shall be governed by, but not limited to, the
following
safety measures: (1) All
buildings shall have adequate ventilation, no concrete floors, must be
leak-proof and furnished with necessary fire extinguishers; chanrobles virtuallaw libraryredchan
robles
virtual law library(2) The
warehouse must be at least fifty (50) meters away from any processing
station
of the complex; and
(3) The
following processing stations of the complex shall be laid out
according
to the indicated minimum distance from each other with all sides
open:
(i) Mixing 50
MTS chan
robles
virtual law library(ii) Grinding 40
MTS chanrobles virtuallaw libraryred
(iii) Packaging 40
MTS
(iv) Nagmimitsa 20
MTS chanrobles virtuallaw libraryred
(v) Loading 20
MTS
Sec.
8. Labeling of Firecrackers and
Pyrotechnic Packages. — Firecrackers and pyrotechnic devices shall bear
labels indicating the name and address of their manufacturers and
warning
instructions written in Filipino and English.
chan robles
virtual law library
Sec.
9. Record. — Every person authorized
to purchase and use explosive under this Act shall be required to keep
a complete, itemized and accurate record showing:
(a) Qualities
and kinds of explosives; and chanrobles virtuallaw libraryred
(b) The
purpose for which the explosives were used.chanrobles virtual law library
Sec.
10. Reports. — At the end of
every month, licensees shall submit to the Chief of the PNP, through
the
provincial director of the province where their business or projects
are
located, a monthly report for explosives in triplicate. The provincial
director shall retain the triplicate copy of his file and forward the
original
and duplicate copies to the Headquarters, PNP with his comment,
recommendation
or notation.
chan
robles
virtual law library
Sec.
11. Penalties. — Any person who
manufactures, sells, distributes or uses firecrackers and other
pyrotechnic
devices in violation of the provisions of this Act shall be punished by
a fine of not less than Twenty thousand pesos (P20,000.00) nor more
than
Thirty thousand pesos (P30,000.00), or imprisonment of not less than
six
(6) months nor more than one (1) year, or both such fine and
imprisonment,
at the discretion of the court in addition to the cancellation of his
license
and business permit and the confiscation by the Government of his
inventory
or stock.chanrobles virtual law library
Sec.
12. Promulgation of Rules and
Regulations for the Administration and Enforcement of this Act. — The
PNP
shall be primarily responsible for the administration and enforcement
of
this Act. It shall transmit all case for prosecution arising from
violations
of this Act to proper government prosecutors for appropriate
action. chanrobles virtuallaw libraryred
The
PNP is hereby authorized after public hearing and consultation with the
firecrackers and pyrotechnic industry, to promulgate rules and
regulations
necessary to regulate and control the manufacture, sale, distribution,
use and importation, including the determination and review of the gun
powder and other raw material content of firecrackers and pyrotechnic
devices
in accordance with the provisions of this Act: Provided, That the local
chief executives shall be given the authority to promulgate the
necessary
rules and regulations within their territorial jurisdiction in
conformity
with the national standards, rules and regulations.
Sec.
13. Repealing Clause. — Executive
Order No. 52, series of 1966, is hereby repealed and all laws, decrees,
orders, rules and regulations and other issuances or parts thereof
inconsistent
with the provisions of this Act are hereby repealed or modified
accordingly.
Sec.
14. Effectivity Clause. — This
Act shall take effect fifteen (15) days after its publication in the
Official
Gazette or in a newspaper of general circulation. chanrobles virtuallaw libraryred
Approved:
January 30, 1992
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