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Prof Prac Modules

Republic Act No. 9266, known as 'The Architecture Act of 2004,' establishes comprehensive regulations for the registration, licensing, and practice of architecture in the Philippines. It outlines the roles, powers, and functions of the Professional Regulation Commission (PRC) and its Board of Architecture, including the administration of licensure examinations and the maintenance of professional standards. The document also details the PRC Modernization Act of 2000, which aims to enhance the regulation of various professions and ensure the integrity of licensure processes.

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0% found this document useful (0 votes)
21 views116 pages

Prof Prac Modules

Republic Act No. 9266, known as 'The Architecture Act of 2004,' establishes comprehensive regulations for the registration, licensing, and practice of architecture in the Philippines. It outlines the roles, powers, and functions of the Professional Regulation Commission (PRC) and its Board of Architecture, including the administration of licensure examinations and the maintenance of professional standards. The document also details the PRC Modernization Act of 2000, which aims to enhance the regulation of various professions and ensure the integrity of licensure processes.

Uploaded by

Denisse Urian
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 116

RA 9266 - THE ARCHITECTURE

ACT OF 2004

THE LAW

Page 1 of 24
Republic of the Philippines
Professional Regulation Commission
Manila
BOARD OF ARCHITECTURE
Board Resolution No. ____
Series of 2004
THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO.
9266, AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE
REGULATION FOR THE REGISTRATION, LICENSING AND PRACTICE OF
ARCHITECTURE, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 545, AS
AMENDED, OTHERWISE KNOWN AS “AN ACT TO REGULATE THE PRACTICE
OF ARCHITECTURE IN THE PHILIPPINES,” AND FOR OTHER PURPOSES
Pursuant to Section 7 (a), Article II and Section 41, Article V of Republic Act No. 9266,
known
as “The Architecture Act of 2004”, the Board of Architecture hereby prescribes, adopts, and
promulgates the following Rules and Regulations to carry out the provisions thereof.
RULE I.pdf
TITLE, POLICY STATEMENT, DEFINITION OF TERMS, AND SCOPE OF
PRACTICE

RULE 2.pdf
PROFESSIONAL REGULATORY BOARD OF ARCHITECTURE: ORGANIZATION,
POWERS, AND FUNCTIONS

RULE 3.pdf
EXAMINATION, REGISTRATION AND LICENSURE

RULE 4.pdf
PRACTICE OF ARCHITECTURE
(SUNDRY PROVISIONS)
.
RULE 5.pdf
FINAL PROVISIONS

1.2)THE PRC MODERNIZATION ACT OF 2000

REPUBLIC ACT NO. 8981

AN ACT MODERNIZING THE PROFESSIONAL REGULATION COMMISSION, REPEALING


FOR THE PURPOSE PRESIDENTIAL DECREE NUMBERED TWO HUNDRED AND
TWENTY-THREE, ENTITLED "CREATING THE PROFESSIONAL REGULATION
COMMISSION AND PRESCRIBING ITS POWERS AND FUNCTIONS," AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines Congress assembled:

Section 1. Title – This Act shall be called the "PRC Modernization Act of 2000."
Section 2. Statement of Policy – The State recognizes the important role of professionals in
nation-building and, towards this end, promotes the sustained development of a reservoir of
professionals whose competence has been determined by honest and credible licensure
examinations and whose standards of professional service and practice are internationally
recognized and considered world-class brought about the regulatory measures, programs
and activities that foster professional growth and advancement.

Section 3. Professional Regulation Commission – There is hereby created a three-man


commission to be known as the Professional Regulation Commission, hereinafter referred to
as the Commission, which shall be attached to the office of the President for general
direction and coordination.

Section 4. Composition – The Commission shall be headed by one (1) full-time Chairperson
and two (2) full-time Commissioners, all to be appointed by the President for a term of seven
(7) years without reappointment to start from the time they assume office. Appointments to
a vacancy that occurs before the expiration of the term of a Commissioner shall cover only
the unexpired term of the immediate predecessor. At the expiration of the Chairperson, the
most senior of the Commissioners shall temporarily assume and perform the duties and
functions of the Chairperson until a permanent Chairperson is appointed by the President.

The Chairperson or Commissioner shall be at least forty (40) years of age, holding a valid
certificate of registration/professional license and a valid professional identification card or a
valid certificate of competency issued by the Commission or a valid professional license
issued by any government agency, familiar with the principles and methods of professional
regulation and/or licensing and has had at least five (5) years of executive or management
experience: Provided, That, one (1) of the Commissioners must be a past
Chairperson/member of a Professional Regulatory Board.

Section 5. Exercise of Powers and Functions of the Commission – The Chairperson of the
Commission, and the Commissioners as members thereof shall sit and act as a body to
exercise general administrative, executive and policy-making functions of the Commission.
The Commission shall establish and maintain a high standard of admission to the practice of
all professions and at all times ensure and safeguard the integrity of all licensure
examinations.

The Chairperson shall act as the presiding and chief executive officer of the Commission. As
presiding officer, he/she shall preside over the meetings of the Commission sitting as a
collegial body. As chief executive officer of the Commission, he/she shall be responsible for
the implementation of the policies and the programs adopted by the Commission for the
general administration of the Commission. He/she shall perform such other activities which
are necessary for the effective exercise of the powers, functions and responsibilities of the
Commission.

Section 6. Compensation and Other Benefits – The Chairperson shall receive compensation
and allowances equivalent to that of a Department Secretary while the Commissioners shall
receive compensation and allowances equivalent to that of an Undersecretary. The
Chairperson and the members of the Commission shall be entitled to retirement benefits
provided under Republic Act Numbered Fifteen Hundred and Sixty Eight, as amended by
Republic Act Numbered Three Thousand Five Hundred and Ninety Five.

Section 7. Powers, Functions and Responsibilities of the Commission – The powers, functions,
and responsibilities of the Commission are as follows:

(a) To administer, implement and enforce the regulatory policies of the national government
with respect to the regulation and licensing of the various professions and occupations
under its jurisdiction including the enhancement and maintenance of professional and
occupational standards and ethics and the enforcement of the rules and regulations relative
thereto:

(b) To perform any and all acts, enter into contracts, make such rules and regulations and
issue such orders and other administrative issuance as may be necessary in the execution
and implementation of its functions and the improvement of its services;

(c) To review, revise, and approve resolutions, embodying policies promulgated by the
Professional Regulatory Boards in the exercise of their powers and functions or in
implementing the laws regulating their respective professions and other official actions on
non-ministerial matters within their respective jurisdictions;

(d) To administer and conduct the licensure examinations of the various regulatory boards in
accordance with the rules and regulations promulgated by the Commission; determine and
fix the places and dates of examinations; use publicly or privately owned buildings and
facilities for examination purposes; conduct more than one (1) licensure
examination: Provided, That, when there are two (2) or more examinations given in a year, at
least one (1) examinations shall be held on weekdays (Monday to Friday): Provided, further,
That, if only one (1) examination is given in a year, this shall be held only on
weekdays: Provided, finally, That, the Commission is also authorized to require the
completion of a refresher course where the examinee has failed to pass three (3) times,
except as otherwise provided by law; approve the results of examinations and the release of
the same; adopt measures to preserve the integrity and inviolability of licensure
examinations; appoint supervisors and room watchers from among the employees of the
government and/or private individuals with baccalaureate degrees, who have been trained
by the Commission for the purpose and who shall be entitled to a reasonable daily allowance
for every examination day actually attended, to be determined and fixed by the Commission;
publish the list of successful examinees; provide schools, colleges and universities, public and
private, offering courses for licensure examinations, with copies of sample test questions on
examinations recently conducted by the Commission and copies of the syllabi or terms of
specifications of subjects for licensure examinations; and impose the penalty of suspension
or prohibition from taking licensure examinations to any examinee charged and found guilty
of violating the rules and regulations governing the conduct of licensure examinations
promulgated by the Commission;

(e) To admit the successful examinees to the practice of the profession or occupation; cause
the entry of their names on its registry book and computerized database; issue certificates of
registration/professional license, bearing the registrant’s name, picture, and registration
number, signed by all the members of the Board concerned and the Chairperson, with the
official seal of the Board and the Commission affixed thereto which certificate shall be the
authority to practice; and at the option of the professional concerned, ministerially issue the
professional identification card, to be used solely for the purpose of identification, upon
payment of the appropriate amount: Provided, That, marine deck and marine engineer
officers shall also be issued endorsement certificates exclusively by the Commission
pursuant to the 1978 and 1995 Standards of Training, Certification and Watch-keeping
(STCW) Convention, to the exclusion of any other government agency, Section 1(2) of
Executive Order No. 149, Series of 1999 and provisions of other existing laws, executive
orders, administrative issuance/regulations to the contrary notwithstanding: Provided,
further, That, once a certificate of registration/professional license, or certificate of
competency, in the case of marine deck and engine officers are issued, this cannot be
withdrawn, cancelled, revoked, or suspended except for just cause as may be provided by
law after due notice and hearing;

(f) To have custody of all the records of the various Boards, including examination papers,
minutes of deliberation, records of administrative cases and investigations and examination
results for control and disposition;

(g) To determine and fix the amount of fees to be charged and collected for examination,
registration, registration without examination, professional identification card, certification,
docket, appeal, replacement, accreditation, including surcharges and other fees not specified
under the provisions of Republic Act Numbered Four Hundred Sixty Five as amended by
Republic Act Numbered Sixty Five Hundred and Eleven or to charge and collect reasonable
fees at the rates higher than the rates provided thereunder subject to the approval by the
Office of the President.

(h) To appoint subject to the Civil Service laws, rules, and regulations, officials and
employees of the Commission necessary for the effective performance of its functions and
responsibilities; prescribe their duties and fix their compensation subject to the provisions of
Republic Act Numbered Six Thousand Seven Hundred and Fifty Eight and allowances
including other fringe benefits; and to assign and/or reassign personnel as the exigency of
the service requires subject to the Civil Service laws, rules and regulations; and to organize
or reorganize the structure of the Commission; and create or abolish positions or change the
designation of existing positions in accordance with a staffing pattern prepared by it and
approved by the Office of the President upon the recommendation of the Department of
Budget and Management (DBM) to meet the changing conditions or as the need
arises: Provided, That, such changes shall not affect the employment status of the
incumbents, reduce their ranks and/or salaries nor shall result in their separation from the
service;

(i) To submit and recommend to the President of the Philippines the names of
licensed/registered professionals for appointment as members of the various Professional
Regulatory Boards from among those nominated to fill up vacancies pursuant to the
provisions of Executive Order No. 496, Series of 1991;

(j) Upon recommendation of the Professional Regulatory Board concerned, to approve the
registration of and authorize the issuance of a certificate of registration/license and
professional identification card with or without examination to a foreigner who is registered
under the laws of his state or country and whose certificate of registration issued therein has
not been suspended or revoked: Provided, That, the requirements for the registration or
licensing in said foreign state or country are substantially the same as those required and
contemplated by the laws of the Philippines and that the laws of such foreign state or
country allow the citizens of the Philippines to practice the profession on the same basis and
grant the same privileges as those enjoyed by the subjects or citizens of such foreign state or
country: Provided, further, That, the Commission may, upon recommendation of the Board
concerned, authorize the issuance of a certificate of registration/license or a special
temporary permit to foreign professionals who desire to practice their professions in the
country under reciprocity and other international agreements; consultants in foreign-funded,
joint venture or foreign-assisted projects of the government, employees of Philippine or
foreign private firms or institutions pursuant to law, or health professionals engaged in
humanitarian mission for a limited period of time: Provided, finally, That agencies,
organizations or individuals whether public or private, who secure he services of a foreign
professional authorized by law to practice in the Philippines for reasons aforementioned,
shall be responsible for securing a special permit from the Professional Regulation
Commission (PRC) and the Department of Labor and Employment (DOLE), pursuant to PRC
and DOLE rules:

(k) To authorize any officer of the Commission to administer oaths:

(l) To supervise foreign nations who are authorized by existing laws to practice their
professions either as holders of a certificate of registration and a professional identification
card or a temporary special permit in the Philippines; to ensue that the terms and conditions
for their practice or of their employment are strictly complied with; to require the hiring or
employing government agency or private entity/institution to secure a temporary special
permit from the concerned Board subject to approval by the Commission and to file a
criminal complaint against the head of the government agency or officers of the said private
entity/institution, who shall be liable under the penalty provided for in the concerned
professional regulatory law or the penalty imposed pursuant to this Act, when the
professional was hired and allowed to practice his/her profession without permit; to file
upon due process request for deportation with the Bureau of Immigration and Deportation
(BID); and to supervise professionals who were former citizens of the Philippines and who
had been registered and issued a certificate of registration and a professional identification
card prior to their naturalization as foreign citizens, who may, while in the country on a visit,
sojourn or permanent residence, practice their profession: Provided, That, prior to the
practice of their profession they shall have first been issued a special permit and updated
professional identification card by the Board concerned subject to approval by the
Commission and upon payment of the permit and annual registration fees;

(m) To monitor the performance of schools in licensure examinations and publish the results
thereof in a newspaper of national circulation;

(n) To adopt and institute a comprehensive rating system for universities, colleges, and
training institutes based on the passing ratio and overall performance of students in board
examinations;

(o) To exercise administrative supervision over the various professional regulatory boards
and its members;
(p) To adopt and promulgate such rules and regulations as may be necessary to effectively
implement policies with respect to the regulation and practice of the professions;

(q) To implement the program for the full computerization of all licensure examinations given
by the various professional regulatory boards including the registration of professionals not
later than the year 2003 and other operations of the Commission;

(r) To investigate and decide administrative matters involving officers and employees under
the jurisdiction of the Commission;

(s) To investigate motu proprio or upon the filing of a verified complaint, any member of the
Professional Regulatory Boards for neglect of duty, incompetence, unprofessional, unethical,
immoral or dishonorable conduct, commission of irregularities in the licensure examinations
which taint or impugn the integrity and authenticity of the results of the said examinations
and, if found guilty, to revoke or suspend their certificates of registration and professional
licenses/identification cards and to recommend to the President of the Philippines their
suspension or removal from office as the case may be;

(t) To issue summons, subpoena and subpoena duces tecum in connection with the
investigation of cases against officials and employees of the Commission and the members
of the Professional Regulatory Boards;

(u) To hold in contempt in erring party or person only upon application with a court of
competent jurisdiction;

(v) To call upon or request any department, instrumentality, office, bureau, institution or
agency of the government including local government units to render such assistance as it
may require, or to coordinate or cooperate in order to carry out, enforce or implement the
professional regulatory policies of the government or any program or activity it may
undertake pursuant to the provisions of this Act;

(w) To initiate an investigation, upon complaint under oath by an aggrieved party, of any
person, whether a private individual or professional, local or foreign, who practices the
regulated profession or occupation without being authorized by law, or without being
registered with and licensed by the concerned regulatory board and issued the
corresponding license/professional identification card or temporary or special permit, or who
commits any of the prohibited acts provided in the regulatory laws of the various
professions, which acts are criminal in nature, and if the evidence so warrants, to forward
the records of the case to the office of the city or provincial prosecutor for the filing of the
corresponding information in court by the lawyers of the legal services of the Commission
who may prosecute said case/s upon being deputized by the Secretary of Justice;

(x) To prepare an annual report of accomplishments on the programs, projects and activities
of the Commission during the year for submission to Congress after the close of its calendar
year and make appropriate recommendations on issues and/or problems affecting the
Commission, the Professional Regulatory Board, and the various professions under its
jurisdiction; and

(y) To perform such other functions and duties as may be necessary to carry out the
provisions of this Act, the various professional regulatory laws, decrees, executive orders
and other administrative issuance.

Section 8. Regional Offices – The Commission is hereby authorized to create regional offices
as may be necessary to carry out their functions mandated under this Act.

Section 9. Powers, Functions and Responsibilities of the Various Professional Regulatory Boards –
The various, professional regulatory boards shall retain the following powers, functions and
responsibilities:

(a) To regulate the practice of the professions in accordance with the provisions of their
respective professional regulatory laws;

(b) To monitor the conditions affecting the practice of the profession or occupation under
their respective jurisdictions and whenever necessary, adopt such measures as may be
deemed proper for the enhancement of the profession or occupation and/or the
maintenance of high professional, ethical and technical standards, and for this purpose the
members of the Board duly authorized by the Commission with deputized employees of the
Commission, may conduct ocular inspection in industrial, mechanical, electrical or chemical
plants or establishments, hospitals, clinics, laboratories, testing facilities, mines and quarries,
other engineering facilities and in the case of schools, in coordination with the Commission
on Higher Education (CHED);

(c) To hear and investigate cases arising from violations of their respective laws, the rules
and regulations promulgated thereunder and their Codes of Ethics and, for this purpose, may
issue summons, subpoena and subpoena duces tecum to alleged violators and/or witnesses to
compel their attendance in such investigations or hearings: Provided, That, the decision of
the Professional Regulatory Board shall, unless appealed to the Commission, become final
and executory after fifteen (15) days from receipt of notice of judgment or decision;
(d) To delegate the hearing or investigation of administrative cases filed before them except
in cases where the issue or question involved strictly concerns the practice of the profession
or occupation, in which case, the hearing shall be presided over by at least one (1) member
of the Board concerned assisted by a Legal or Hearing Officer of the Commission;

(e) To conduct, through the Legal Officers of the Commission, summary proceedings on
minor violations of their respective regulatory laws, violations of the rules and regulations
issued by the boards to implement their respective laws, including violations of the general
instructions to examinees committed by examinees, and render summary judgment thereon
which shall, unless appealed to the Commission, become final and executory after fifteen
(15) days from receipt of notice of judgment or decision;

(f) Subject to final approval by the Commission, to recommend registration without


examination and the issuance of corresponding certificate of registration and professional
identification card;

(g) After due process, to suspend, revoke or reissue, reinstate certificate of registration or
licenses for causes provided by law;

(h) To prepare, adopt and issue the syllabi or tables of specifications of the subjects for
examinations in consultation with the academe; determine and prepare the questions for the
licensure examinations which shall strictly be within the scope of the syllabus or table of
specifications of the subject for examination; score and rate the examination papers with the
name and signature of the Board member concerned appearing thereon and submit the
results in all subjects duly signed by the members of the Board to the Commission within ten
(10) days from the last day of examination unless extended by the Commission for justifiable
cause/s; and subject to the approval by the Commission, determine the appropriate passing
general average rating in an examination if not provided for in the law regulating the
profession; and

(i) To prepare an annual report of accomplishments on programs, projects and activities of


the Board during the year for submission to the Commission after the close of each calendar
year and make appropriate recommendations on issues or problems affecting the profession
to the Commission.

Section 10. Compensation of the Members of the Professional Regulatory Boards – The
members of the Professional Regulatory Boards shall receive compensation equivalent to, at
least, two salary grades lower than the salary grade of the Commissioners: Provided, That the
Chairperson of the Regulatory Board shall receive a monthly compensation of two steps
higher than the members of the Board, and: Provided, further, That they shall be entitled to
other allowances and benefits provided under existing laws.

Section 11. Person to Teach Subjects for Licensure Examination on all Professions – All subjects
for licensure examinations shall be taught by persons who are holders of valid certificates of
registration and valid professional licenses of the profession and who comply with the other
requirements of the CHED.

Section 12. Assistance of Law Enforcement Agency – Any law enforcement agency shall, upon
call or request of the Commission or of any Professional Regulatory Board, render assistance
in enforcing the regulatory law of the profession including the rules and regulations
promulgated thereunder by prosecuting the violators thereof in accordance with law and the
rules of court.

Section 13. Appropriations – The amount necessary to carry out the initial implementation of
this Act shall be charged against the current year’s appropriations of the Professional
Regulation Commission. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the succeeding General Appropriations Act.

Section 14. Authority to Use Income – In addition to the annual appropriations of the
Commission provided under the Annual General Appropriations Act, the Commission is
hereby authorized to use its income not exceeding the amount of Forty-five million pesos
(P45,000,000.00) a year for a period of five (5) years after the effectivity of this Act to
implement the program for full computerization of the operations of the Commission,
subject to the usual accounting and auditing requirements.

Section 15. Penalties for Manipulation and Other Corrupt Practices in the Conduct of
Professional Examinations –

(a) Any person who manipulates or rigs licensure examination results, secretly informs or
makes known licensure examination questions prior to the conduct of the examination or
tampers with the grades in professional licensure examinations shall, upon conviction, be
punished by imprisonment of not less than six (6) years and one (1) day to not more than
twelve (12) years or a fine of not less than Fifty thousand pesos (P50,000.00) to not more
than One hundred thousand pesos (P100,000.00) or both such imprisonment and fine at the
discretion of the court.

(b) In case the offender is an officer or employee of the Commission or a member of the
regulatory board, he/she shall be removed from office and shall suffer the penalty of
perpetual absolute disqualification from public office to addition to the penalties prescribed
in the preceding section of this Act;

(c) The penalty of imprisonment ranging from four (4) years and one (1) day to six (6) years or
a fine ranging from Twenty thousand pesos (P20,000.00) to not more than Forty-nine
thousand pesos (P49,000.00), or both imprisonment and fine at the discretion of the court,
shall be imposed upon the accomplices. The penalty of imprisonment ranging from two (2)
years and one (1) day to four (4) years or a fine ranging from Five thousand pesos
(P5,000.00) to not more than Nineteen thousand pesos (P19,000.00), or both imprisonment
and fine at the discretion of the court, shall be imposed upon the accessories.

Section 16. Penalties for Violation of Section 7 – Subparagraph (1) by Heads of Government
Agencies or Officers of Private Entities/Institutions – Any head of a government agency or
officer(s) of a private firm/institution who violates Section 7 – subpar. (1) of this Act shall be
punished by imprisonment of not less than six (6) months and one (1) day to not more than
six (6) years, or a fine of not less than Fifty thousand pesos (P50,000.00) to not more than
Five hundred thousand pesos (P500,000.00) or both at the discretion of the court.

Section 17. Implementing Rules and Regulations – Within ninety (90) days after the approval
of this Act, the Professional Regulation Commission, together with representatives of the
various Professional Regulatory Boards and accredited professional organizations, the DBM,
and the CHED shall prepare and promulgate the necessary rules and regulations needed to
implement the provisions of this Act.

Section 18. Transitory Provisions – The incumbent Commissioner and two (2) incumbent
Associate Commissioners shall serve as Chairperson and Commissioners respectively under
the terms for which they have been appointed without need of new appointments. The
incumbent Executive Director shall likewise serve as Assistant Commissioner without need
of new appointment.

Section 19. Separability Clause – If any provision of this Act or the application of such
provision to any person or circumstances is declared invalid or unconstitutional, the
remainder of this Act or application of such provisions to other persons or circumstance shall
not be affected by such declaration.

Section 20. Repealing Clause – Republic Act. No. 546, Presidential Decree No. 223, as
amended by Presidential Decree No. 657, Republic Act No. 5181, and Executive Order No.
266, Series of 1995 are hereby repealed. Section 23 (h) of Republic Act No. 7836, Section 4
(m & s). Section 23 of Republic Act No. 7920, and Section 29 of Republic Act No. 8050,
insofar as it requires completion of the requirements of the Continuing Professional
Education (CPE) as a condition for the renewal of the license are hereby repealed. All other
laws, orders, rules and regulations or resolutions and all part/s thereof inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.

Section 21. Effectivity – This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation, whichever
is earlier.

Approved: December 05, 2000

(Sgd.)JOSEPH EJERCITO ESTRADA


President of the Philippines

RA 8293 - THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES


THE IPR CONTEXT

According to the World Intellectual Property Organization (WIPO), intellectual property (IP)
is divided into two
categories, namely, industrial property and copyright. Industrial property includes inventions
(patents), trademarks, industrial designs, and geographic indications of source; while
copyright includes literary and artistic works such as novels, poems and plays, films, musical
works, artistic works such as drawings, paintings, photographs and sculptures, and
architectural designs. However, exclusive rights of the scientists, researchers, inventors,
artists, and other gifted citizens in our country are not suitably protected as they should be.
Most of them have apprehensions in applying for intellectual property rights.

INTELLECTUAL PROPERTY RIGHT (IPR)

The term "intellectual property rights" consists of:


qCopyright and Related Rights
qTrademarks and Service Marks
qGeographic Indications
qIndustrial Designs
qPatents
qLayout-Designs (Topographies) of Integrated Circuits
qProtection of Undisclosed Information

GOVERNMENT AGENCIES

The agency of the government in charge of the implementation


of the Intellectual Property Code is the Intellectual Property
Office which replaced the Bureau of Patents, Trademarks and
Technology Transfer. It is divided into six [6] Bureaus, namely:
qBureau of Patents
qBureau of Trademarks
q Bureau of Legal Affairs
q Documentation, Information and Technology Transfer Bureau
qManagement Information System and EDP Bureau
q Administrative, Financial and Personnel Services Bureau.

INTELLECTUAL PROPERTY OFFICE

The Intellectual Property Office of the Philippines (IPOPHL) is the lead agency responsible
for handling the registration and conflict resolution of intellectual property rights. It was
created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the
Philippines, which took effect on January 1, 1998 under the presidency of Fidel V. Ramos.

PATENTS

A Patent is a grant issued by the government through the Intellectual Property Office of the
Philippines. It is an exclusive right granted for a product, process or an improvement of a
product or process which is new, inventive and useful. This exclusive right gives the inventor
the right to exclude others from making, using, or selling the product of his invention during
the life of the patent. A patent has a term of protection of twenty (20) years providing an
inventor significant commercial gain. In return, the patent owner must share the full
description of the invention.

PATENTABLE INVENTIONS

Any technical solution of a problem in any field of human activity which is new, involves an
inventive step and is industrially applicable shall be patentable.
NON-PATENTABLE INVENTIONS
qDiscovery
qScientific theory
qMathematical methods
qScheme, rule and method of
qperforming mental act
qplaying games
qdoing business
qprogram for computer
qMethod for treatment – human or animal body by surgery
or therapy & diagnostic method
qPlant variety or animal breed or essentially biological
processes for the production of plants and animals
qAesthetic creation
qContrary to public order or morality
REQUIREMENT FOR PATENTABILITY
q NOVELTY
q INVENTIVE STEP
qINDUSTRIAL APPLICABILITY
REQUIREMENTS FOR FILING A PATENT
q Request for the Grant of Patent
q Description of the Invention (Specification and Claim/s)
q Drawings necessary for the Invention (if any)
q Filing Fee

TRADEMARKS

"Mark" means any visible sign capable of distinguishing the goods (trademark) or services
(service mark) of an enterprise and shall include a stamped or marked container of goods. A
trademark is a tool used that differentiates goods and services from each other. It is a very
important marketing tool that makes the public identify goods and services. A trademark can
be one word, a group of words, sign, symbol, logo, or a combination of any of these.
Generally, a trademark refers to both trademark and service mark, although a service mark is
used to identify those marks used for services only.
TRADEMARK PROTECTION

A trademark can be protected through registration. Registration gives the trademark owner
the exclusive right to use the mark and to prevent others from using the same or similar
marks on identical or related goods and services.
Before applying for trademark registration, it would help if you conduct a search in the
trademarks database to determine if there are identical or similar marks that would prevent
the registration of your mark. This is to prevent future conflicts with marks that are already
registered or with earlier filing dates.

TRADEMARK REGISTRATION

q The name and address of the applicant


q The name of a State of which the applicant is a national or
where he has domicile
q Where the applicant is a juridical entity, the law under which
it is organized and existing
q The appointment of an agent or representative, if the
applicant is not domiciled in the Philippines

TRADEMARK REGISTRATION

q Where the applicant claims the priority of an earlier


application, an indication of:
§ The name of the State with whose national office the
earlier application was filed or it filed with an office other
than a national office, the name of that office
§ The date on which the earlier application was filed
§ Where available, the application number of the earlier
application
q Where the applicant claims color as a distinctive feature of
the mark, a statement to that effect as well as the name or
names of the color or colors claimed and an indication, in
respect of each color, of the principal parts of the mark which
are in that color;

TRADEMARK REGISTRATION

q Where the mark is a three-dimensional mark, a statement to


that effect
q One or more reproductions of the mark, as prescribed in the
Regulations
q A transliteration or translation of the mark or of some parts of
the mark, as prescribed in the Regulations

TRADEMARK REGISTRATION

q The names of the goods or services for which the registration


is sought, grouped according to the classes of the Nice
Classification, together with the number of the class of the said
Classification to which each group of goods or services belongs
q A signature by, or other self-identification of, the applicant or
his representative.

COPYRIGHT

Copyright is the legal protection extended to the owner of the


rights in an original work.
“Original work” refers to every production in the
literary, scientific and artistic domain. Among the literary and
artistic works enumerated in the IP Code includes books and
other writings, musical works, films, paintings and other
works, and computer programs.
Works are protected by the sole fact of their
creation, irrespective of their mode or form of expression, as
well as their content, quality and purpose. Thus, it does not
matter if, in the eyes of some critics, a certain work has little
artistic value. So long as it has been independently created and
has a minimum of creativity, the same enjoys copyright
protection.

WORKS COVERED BY COPYRIGHT PROTECTION

q Books, pamphlets, articles and other writings


q Periodicals and newspapers
q Lectures, sermons, addresses, dissertations prepared for oral
delivery, whether or not reduced in writing or other material
form
q Letters
q Dramatic or dramatico-musical compositions; choreographic
works or entertainment in dumb shows
q Musical compositions, with or without words

WORKS COVERED BY COPYRIGHT PROTECTION


q Works of
drawing, painting, architecture, sculpture, engraving, lithography
or other work of art; models or designs for works of art
q Original ornamental designs or models for articles of
manufacture, whether or not registrable as an industrial
design, and other works of applied art
q Illustrations, maps, plans, sketches, charts and threedimensional works relative to
geography, topography, architecture or science
q Drawings or plastic works of a scientific or technical character
WORKS COVERED BY COPYRIGHT PROTECTION

q Photographic works including works produced by a process


analogous to photography; lantern slides
q Audiovisual works and cinematographic works and works
produced by a process analogous to cinematography or any
process for making audio-visual recordings
q Pictorial illustrations and advertisements
qComputer programs
q Other literary, scholarly, scientific and artistic works.

TERM OF PROTECTION OF COPYRIGHT

q In general, the term of protection of copyright for original and


derivative works is the life of the author plus fifty (50) years after
his death. The Code specifies the terms of protection for the
different types of works.
q In calculating the term of protection, the term of protection
subsequent to the death of the author shall run from the date of
his death or of publication, but such terms shall always be
deemed to begin on the first day of January of the year following
the event which gave rise to them (i.e. death, publication,
making).

COPYRIGHT INFRINGEMENT

Copyright infringement consists in infringing any right secured


or protected under the Code. It may also consist in aiding or
abetting such infringement. The law also provides for the liability
of a person who at the time when copyright subsists in a work
has in his possession an article which he knows, or ought to
know, to be an infringing copy of the work for the purpose of:
qSelling or letting for hire, or by way of trade offering or
exposing for sale or hire, the article
qDistributing the article for the purpose of trade, or for any
other purpose to an extent that will prejudice the rights of
the copyright owner in the work
qTrade exhibit of the article in public.

COPYRIGHT REGISTRATION

q A duly accomplished form in duplicate for each work,


provided, that a separate application is submitted for each
number of a periodical containing a notice of copyright.
q A support document evidencing ownership of the copyright,
the manner of its acquisition if the claimant is not the original
author translator, or editor, and where and in what
establishment the work was made, performed, printed, or
produced, and the date of its completion and publication.
q Receipt showing payment of the registration fee if the
application is filed personally, or by postal money order if the
application is filed by registered mail.

COPYRIGHT REGISTRATION

q Documentary stamps in the correct amount, which shall be


affixed to the registration and deposit certificate.
q Two (2) complete copies or reproduction of the work or
replica or picture
q Two (2) printed copies with the copyright notice printed in
front or at the back of the title page or on any conspicuous space
for a non-book material, if the work is a published work.
COPYRIGHT REGISTRATION

q Documentary stamps in the correct amount, which shall be affixed to the registration and
deposit certificate.
q Two (2) complete copies or reproduction of the work or replica or picture
q Two (2) printed copies with the copyright notice printed in front or at the back of the title
page or on any conspicuous space for a non-book material, if the work is a published work.

INDUSTRIAL DESIGN

An industrial design is the ornamental or aesthetic aspect of an article. The design may
consist of three-dimensional
features, such as the shape or surface of an article, or of two dimensional features, such as
patterns, lines or color. Industrial designs are applied to a wide variety of products of
industry and handicraft: from technical and medical instruments to watches, jewelry, and
other luxury items; from house wares and electrical appliances to vehicles ; from textile
designs to leisure goods.
To be protected under most national laws, an industrial design must be non-functional. This
means that an industrial design is primarily of an aesthetic nature and any technical features
of the article to which it is applied are not protected.

DESIGN PROTECTION

When an industrial design is protected, the owner – the person or entity that has registered
the design – is assured an exclusive right against unauthorized copying or imitation of the
design by third parties.
This helps to ensure a fair return on investment. An effective system of protection also
benefits consumers and the public at large, by promoting fair competition and honest trade
practices, encouraging creativity, and promoting more
aesthetically attractive products.

UTILITY MODELS

A Utility Model is a protection option, which is designed to protect innovations that are not
sufficiently inventive to meet the inventive threshold required for standard patents
application. It may be any useful machine, implement, tools, product, composition, process,
improvement or part of the same, That is of practical utility, novelty and industrial
applicability.
A utility model is entitled to seven (7) years of protection from the date of filing, with no
possibility of renewal.

UTILITY MODELS—REGISTRATION

An application for registration should contain a duly accomplished request for registration as
prescribed by the Bureau, specification or description containing the following:
q Title
q Technical field
q Background of the Utility Model
q Brief description of the several views of the drawings
q Detailed description
q Claim or claims
q Drawings
q Abstract of the disclosure.

PD 1096 - THE NATIONAL BUILDING CODE OF THE PHILIPPINES

RULE 1
General Provisions
PURPOSE OF THE CODE
▪ To provide a framework of minimum standards and requirements for all buildings in order
to regulate their location, design, quality of materials, construction, and use.

SCOPE OF APPLICATION
▪ The National Building Code (NBC) applies to the design, location, siting, construction,
alteration, repair, conversion, use, occupancy, maintenance, moving, demolition of and
addition to public and private buildings, except traditional dwellings and BP 220 projects.

Definition of terms

Construction
All on-site work done from site preparation, excavation, foundation, assembly of all the
components and installation of utilities and equipment of buildings/structure

Addition
Any new construction which increases the height or area of an existing
building/structure

Alteration
Construction in a building/ structure involving changes in the materials used,
partitioning, location/ size of openings, structural parts, existing utilities and equipment
but does not increase the overall area thereof.

Renovation
Any physical change made on a building/ structure to increase its value, utility and/ or to
improve its aesthetic quality

Conversion
A change in the use or occupancy of a building/ structure or any portion/s thereof which
has different requirements

Repair
Remedial work done on any damaged or deteriorated portion/s of a building/structure to
restore its original condition
Demolition
The systematic dismantling or destruction of a building/ structure, in whole or in part

Ancillary building/structure
A secondary building/ structure located within the same premises, the use of which is
incidental to that of the main building/structure

RULE 2
Administration + Enforcement

THE SECRETARY
▪ Secretary of the DPWH
▪ Duties include:
▪ Policy making
▪ Memorandum circulars
▪ Prescription of fees
▪ Appointment of building officials in all municipalities

THE BUILDING OFFICIAL


▪ Tasked with the enforcement of the Code in his
jurisdiction
▪ Issues, denies, suspends and revokes permits
▪ Undertakes inspection of buildings
▪ Acts on claims

FEES
▪ The DPWH Secretary prescribes the fees
▪ The Building Official collects the fees

FEE EXEMPTIONS
▪ Public buildings
▪ Traditional family dwellings
▪ A dwelling intended for the use by one family and
constructed of native materials (bamboo, nipa, logs,
lumber), the total cost of which does not exceed
PHP15,000.

PROHIBITED ACTS
▪ Proceeding with work without a permit
▪ Unauthorized deviations from the drawings during
construction
▪ Non-compliance with work stoppage order
▪ Non-compliance with order to demolish
Use of a building without securing a Certificate of
Occupancy
▪ Change in use without the corresponding
Certification of Change of Use
▪ Failure to post Cert. of Occupancy
▪ Change in type of construction without permit

DANGEROUS BUILDINGS
▪ Structural hazard
▪ Fire hazard
▪ Unsafe electrical wiring
▪ Unsafe mechanical installation
▪ Inadequate sanitation and health facilities
▪ Architectural deficiency

OPTIONS FOR DANGEROUS BLDGS


▪ Repair
▪ Vacation
▪ Demolition

RULE 3
Permits

BUILDING PERMIT
▪ A written authorization granted by the Building Official to an applicant allowing him to
proceed with construction after plans, specifications and other pertinent documents
have been found to be in conformity with the Code

WHEN IS A PERMIT REQUIRED?


▪ Before constructing, altering, repairing, converting, moving, adding to, demolishing a
building.

BUILDING PERMIT EXEMPTIONS


▪ Minor constructions
▪ Repair works
MINOR CONSTRUCTION
▪ Minor structures 6sqm. or less detached fromother buildings, for private use only.
(Example:sheds, poultry houses, greenhouses)
▪ Open terraces or patios not exceeding 20sqm.

MINOR CONSTRUCTION
▪ Window grilles
▪ Garden pools 500mm deep or shallower
▪ Garden masonry walls not exceeding 1.20m in height

REPAIRS
▪ Not involving structural members
▪ Of non-load bearing partition walls
▪ Not involving addition or alteration
▪ Of doors, windows, floors, fences and walls
▪ Of plumbing fixtures

PERMIT REQUIREMENTS
▪ Application forms
▪ If lot is owned,
▪ OCT or TCT
▪ Tax declaration
▪ Current real property tax receipt

PERMIT REQUIREMENTS
▪ If lot is NOT owned,
▪ Contract of Lease or Deed of Absolute Sale in place of
TCT
▪ Five sets of plans and specs, signed and sealed
by various professionals

ISSUANCE OF PERMITS
▪ 15 days from payment of fees

LIABILITY CLAUSE
▪ Article 1723 of the Civil Code states that the engineer or architect who drew up the plans
and specifications is liable for 15 years from completion of the building should it collapse
due to defects in the plans or the ground.
In case the building collapses due to defects in construction or the use of inferior materials,
the contractor, along with the construction supervisor, shall be liable.

EXPIRATION OF PERMITS
▪ Construction does not commence within 1 year from date of issue
▪ Construction does not resume 120 days after suspension or abandonment of work

NON-ISSUANCE, SUSPENSION,
REVOCATION
▪ Errors in plans and specs
▪ Incorrect or inaccurate data declared
▪ Non-compliance with the Code

INSPECTION + SUPERVISION
▪ The owner of the building must engage the services of a licensed architect or civil engineer
to undertake the full-time inspection and supervision of the construction.

RULE 4
Types of Construction

TYPE I
▪ Wood construction

TYPE II
▪ Wood construction with fire-resistant materials
▪ One-hour fire-resistive throughout

TYPE III
▪ Masonry and wood construction
▪ One hour fire resistive throughout
▪ Incombustible exterior walls

TYPE IV
▪ Steel, iron, concrete, or masonry construction
▪ Incombustible interiors (ceilings, walls)

TYPE V
▪ Four-hour fire resistive throughout
▪ Structural elements of steel, iron, concrete or
masonry

RULE 5
Fire Zones

FIRE ZONE
▪ An area within which only certain types of construction are allowed, based on
their occupancy, type of construction, and resistance to fire

FIRE ZONE DESIGNATIONS


1. Non-fire restricted zones
▪ All types of construction allowed
2. Fire restrictive zones
▪ Type I construction NOT allowed
3. Highly fire restrictive zones
▪ Types I, II, and III NOT allowed

BUILDINGS IN MULTIPLE FIRE ZONES


▪ Shall be considered as part of the more restrictive zone if more than 1/3 of its total
floor area is in that zone

RULE 6
Fire Resistive Requirements

FIRE RESISTIVE RATING


▪ The degree to which a material can withstand fire
▪ Usually expressed in the form of a time period rating (how long a material
can withstand being burned)

FIRE RESISTIVE STANDARDS


RULE 7
Occupancies + Zones + Requirements

OCCUPANCY VERSUS ZONING


▪ Occupancies are assigned to buildings, whilezones are assigned to lands.

OCCUPANCIES
▪ A – Residential dwellings
▪ B – Residentials, hotels, apartments
▪ C – Education and recreation
▪ D – Institutional
▪ E – Business and mercantile

▪ F – Industrial
▪ G – Storage and hazardous
▪ H – Assembly other than Group I
▪ I – Assembly with 1,000 or more occupant load
▪ J - Accessory

ZONING
▪ R –Residential
▪ C – Commercial
▪ GI – General institutional
▪ I – Industrial
▪ UTS – Utilities, Transportation, Services
▪ SPE - Special

▪ PRE - Park structures, recreation, entertainment


▪ CUL – Cultural
▪ A – Agricultural
▪ AI – Agroindustrial
▪ PUD – Planned unit development

A: RESIDENTIAL DWELLINGS
▪ A-1: Residential building for single family
occupants
▪ A-2: Residential building for non-leasing
occupants not exceeding 10 persons

B: RESIDENTIALS, HOTELS, APARTMENTS


▪ Multiple dwelling units including boarding or lodging houses, hotels, apartment
buildings, rowhouses, convents, monasteries and other similar building each of which
accommodates more than 10 persons.

C: EDUCATION + RECREATION
▪ Buildings used for school or day-care purposes not classified in Group H or I
occupancies

D: INSTITUTIONAL
▪ D-1: Institutions where personal liberties are restrained (mental hospitals, jails)
▪ D-2: Institutions for the care of non-ambulatory patients and children under
kindergarten age
▪ D-3: Institutions for ambulatory patients and homes for children over kindergarten age
E : BUSINESS + MERCANTILE
▪ E-1: No work is done except exchange of parts,maintenance without open flame,
welding, or highly flammable liquids (gasoline filling station, storage garage)
▪ E-2: Wholesale and retail stores, office buildings, dining establishments
▪ E-3: Aircraft hangars and open parking garages (no repair work)

F: LIGHT INDUSTRIAL
▪ Light industrial
▪ Ice plants, power plants, pumping plants, cold
storage, factories and workshops using
incombustible and non-explosive materials

G: STORAGE + HAZARDOUS
▪ G-1: Medium industrial, storage of highly flammable materials
▪ G-2: Medium industrial, storage of flammable materials: dry cleaning plants, paint
stores, spraypainting rooms
▪ G-3: Medium industrial structures where loose combustible fibers are generated: wood
working establishments

▪ G-4: Medium industrial for repair garages and engine manufacturing


▪ G-5: Medium industrial for aircraft repair

H: ASSEMBLY FOR LESS THAN 1,000


▪ H1: Assembly buildings with stage for less than 1,000
▪ H2: Assembly buildings without stage for 300 or more
▪ H3: Assembly buildings without stage for less than 300

▪ H4: Recreational/tourism developments not


included in other H classifications (stadiums,
reviewing stands, and amusement parks)

I: ASSEMBLY FOR 1,000 OR MORE


▪ Any assembly building with a stage and an occupant load of 1,000 or more

J: ACCESSORY
▪ J1: Agricultural structures
▪ J2: Carports/garages, fences, towers and pools
▪ J3: Stages, courts, tombs, mausoleums, zoos, and
banks
Zones

R1
▪ Low-density residential zone
▪ Characterized by single-family and single detached dwellings

R2
▪ Medium-density residential zone
▪ Characterized by low-rise single-attached, duplex, or multilevel buildings for use as
multiple family dwellings

▪ Further subclassified into:


▪ Basic R2
▪ Single attached or duplex, 1-3 floors
▪ Maximum R2
▪ Low-rise multi-level building, 3-5 floors

R3
▪ High-density residential zone
▪ Characterized low-rise or medium-rise buildings for use as multiple family dwellings
▪ Includes low-rise or medium-rise condominium buildings

▪ Further subclassified into:


▪ Basic R3
▪ Rowhouses 1-3 storeys high
▪ Maximum R3
▪ Medium-rise multilevel structure 6-12 storeys high

R4
▪ Medium to high-density residential zone
▪ Characterized by low-rise townhouses or buildings for use as multiple family dwellings
▪ Refers to structures on an individual lot (“townhouse”)

R5
▪ Very high density residential zone
▪ Characterized by medium-rise to high-rise condominiums

C1
▪ Light commercial
▪ Neighborhood to community in scale
▪ Low-rise buildings (1-3 storeys)
▪ Low-intensity trade/activity
▪ Example: Small shopping centers

C2
▪ Medium commercial
▪ City or municipal in scale
▪ Medium-rise buildings (3-5 storeys)
▪ Medium to high intensity trade
▪ Example: Shopping centers

C3
▪ Metropolitan commercial
▪ Metropolitan in scale
▪ Medium to high-rise buildings (3-5 storeys)
▪ Very high intensity trade
▪ Example: Large to very large shopping malls

GI
▪ General institutional
▪ Community to national level of institutional use.
Low-rise to high-rise.
▪ Two types:
▪ Education/Recreation
▪ Medical/Government

I-1 (INDUSTRIAL)
▪ Light industrial use
▪ Low-rise but sprawling
▪ Low-intensity manufacturing

I-2 (INDUSTRIAL)
▪ Medium industrial use
▪ Low-rise but sprawling
▪ Medium-intensity manufacturing

UTS (UTILITIES, TRANSPO, SERVICES)


▪ Utilitarian, functional uses
▪ Low-rise to medium rise
▪ Low to high-intensity community support
functions
▪ Two clusters:
▪ Transport terminals, intermodals, depots
▪ Power/water generation/distribution, telcos, waste
management facilities

SPE (SPECIAL)
▪ Other vertical facilities not yet mentioned
▪ Included cemeteries and memorial parks

PRE (PARKS, RECREATION,


ENTERTAINMENT)
▪ Low-rise to medium rise
▪ Low to medium intensity recreational functions related to educational uses (parks on
campus, other recreational/assembly structures on campus)

CUL (CULTURAL)
▪ Community to national level of use or occupancy
▪ Low-rise to medium rise

(AGRICULTURAL)
▪ Low to medium rise
▪ Low to high intensity agricultural activity
▪ Includes farms, but also offices and facilities for
agricultural research and training

AI (AGROINDUSTRIAL)
▪ Low rise
▪ Low to high intensity agroindustrial activity
▪ Includes offices and facilities for agroindustrial
education and research

PUD (PLANNED UNIT DEVELOPMENT)


▪ Land development or redevelopment schemes for
a new project which has a CDMP (Comprehensive
Development Masterplan) or equivalent
▪ Example: Bonifacio Global City
MIXED OCCUPANCIES
▪ Rule of thumb: The building adheres to the stricter
requirements.
▪ Exceptions:
▪ If it’s a one-storey building, in which case each portion
shall conform to applicable rules
▪ If the minor occupancy does not exceed 10% of the
building, in which case it is ignored

Location on
property

RIGHT OF WAY
▪ No building shall be constructed unless it adjoins or has direct access to a public space,
yard, or street on at least one of its sides.

EAVES OVER WINDOWS


▪ Eaves over required windows shall at least be 750mm from the side and rear property
lines.

FIREWALLS
▪ A fireproof barrier used to prevent the spread of fire between or through buildings
▪ Why are firewalls important? Because when they are built, the building or part of the
building extends into the setbacks.

ALLOWABLE FIREWALLS
▪ R1: Not allowed
▪ However, an abutment up to 3.20m high is OK for carports provided that above 1.50m,
the abutment shall be constructed of perforated concrete blocks.
R2: One side only
▪ Maximum 80% of the length of side property line.
Error! Filename not specified.

R3: Two configurations are allowed:


▪ Option A: Two sides
▪ Maximum 85% of each side
▪ Total should not exceed 65% of lot perimeter
▪ Two storeys high only
▪ Option B: One side + Rear
▪ 90% of side or rear (up to 100% for rear if only 4m)
▪ Total should not exceed 50% of lot perimeter
▪ Two storeys high for side, 3.20m high for rear
▪ R4: Two sides
▪ Maximum 85% of each side
▪ Total should not exceed 50% of lot perimeter
▪ Maximum height: three storeys
▪ R5: Two configurations allowed:
▪ Option A: Two sides
▪ Maximum 75% of each side
▪ Total should not exceed 50% of lot perimeter
▪ Maximum height: 8 storeys
▪ Option B: One side + Rear
▪ Maximum 65% of side and 50% of rear
▪ Total should not exceed 60% of lot perimeter
▪ Maximum height: 8 storeys for side, 14m for rear
▪ Commercial, institutional, and industrial:
▪ Firewalls allowed on the ff. conditions:
▪ Provide sprinkler system
▪ Install fire-retardant or fire-suppression devices
▪ Maximum 70% of lot perimeter
▪ RROW setbacks are complied with

Allowable floor areas

TGFA
▪ Total gross floor area
▪ The total floor space inside the building
▪ Keyword: inside/enclosed
▪ Includes services/parking (unlike GFA)

ALLOWABLE MAX. TGFA


▪ Table VII.1, p.84 of Rule 7 & 8
▪ Format: Number of floors x footprint
▪ Depends on the ff.:
▪ Lot type
▪ Zoning
▪ Use of firewalls

Building height

BHL
▪ Building height limit
▪ Given in Table VII.2 on p.89
▪ Depends on zoning

HOW IS BUILDING HEIGHT MEASURED?


▪ From established grade line to the topmost
portion of the building
▪ Excludes allowed projections above the roof, like:
▪ Signage
▪ Masts
▪ Antenna or telecom tower

ESTABLISHING THE GRADE LINE


▪ Grade line = highest adjoining sidewalk or natural
grade line
▪ But if grade is sloping:
▪ If less than 3 meters diff., take highest grade
▪ If more than 3 meters diff., take the average

ESTABLISHING THE TOP OF


BUILDING
▪ If roof is flat, top = rooftop
▪ If roof is sloping, top = middle of roof height

HEIGHT LIMIT PROJECTIONS


▪ Towers, spires and steeples
▪ If made of combustible materials, 6.0m above BHL
▪ If made of incombustible materials, limited only by
structural design
BHL + RROW
▪ The RROW width also dictates the BHL:
▪ 6-7m RROW: 3.0 storeys or 9.0m
▪ 4-5m RROW: 2.5 storeys or 7.5m
▪ 0-3m RROW: 2.0 storeys or 6.0m
▪ Only exceptions: PUD

Parking

PARKING SLOT SIZES

▪ Given in Table VII.4 on p.100


▪ Based on occupancy and lot/floor areas

SAMPLE PARKING REQUIREMENTS


▪ Hotels
▪ If highly urbanized, 1 slot for every 3 rooms
▪ If not, 1 slot for every 7 rooms
▪ 2 tourist bus parking slots
▪ 1 loading slot for articulated truck

▪ Churches
▪ For every 50sqm. of congregation area, provide:
▪ 1 car slot
▪ 1 jeepney slot
▪ Public universities
▪ 1 car slot for every 5 classrooms
▪ 1 loading space for 2 jeepney or shuttle slots
▪ 1 school bus for every 200 students

▪ Public hospital
▪ 1 car slot for every 25 beds
▪ 1 loading space for 2 jeepney/shuttle slots
▪ 1 slot for articulated truck
▪ 1 slot for standard truck for every 5,000sqm gross
floor area
▪ Add truck maneuvering space outside RROW

FRACTIONS IN COMPUTATIONS

▪ When computing for parking slots, a fraction of


50% or higher shall be considered as one slot.
▪ In all cases, at least one slot shall be provided
unless otherwise allowed.

OFF-SITE PARKING LOTS


▪ If a multi-floor parking garage is located within a
200-meter radius of the building, 20% of the
required parking provisions may be served the
multi-floor parking garage.

▪ Reserved or leased parking slots may also serve


the parking requirements if:
▪ The slots are in a permanent parking building and not
in a vacant parking lot.
▪ The said parking building is:
▪ Not more than 100m away, if residential
▪ Not more than 200m away, if commercial

MANEUVERING SPACE

▪ Using the RROW as a maneuvering space is not


allowed
▪ To prevent this, direct access of
parking/loading/utility slots to the RROW shall be
disallowed

TRAFFIC-GENERATING BUILDINGS
▪ Example: shopping malls
▪ The distance between such buildings and major
road intersections is regulated
▪ The building ingress and the intersection shall be
at least 50m apart (measured between the two
nearest curbs)

FRONT YARDS AS PARKING


▪ Not allowed for the following:
▪ R2 Maximum
▪ R3 Maximum
▪ GI
▪ C1, C2 and C3
▪ 50% of front yard may be used as parking for R2
Basic and R3 Basic

Minimum requirements:
Group A dwellings

SANITATION
▪ At least one sanitary toilet and adequate washing
and draining facilities

FOUNDATION
▪ At least 250mm thick
▪ At least 600mm below the surface of the ground

STRUCTURAL LOADS
▪ First floor live load: 200kg/sqm
▪ Second floor live load: 150kg/sqm
▪ Wind load for roofs: 120kg/sqm (vertical)

STAIRS
▪ Minimum width: 750mm
▪ Maximum riser: 200mm
▪ Minimum tread: 200mm
▪ Note: These riser/tread dimensions do not match the general
dimensions prescribed in Rule 12.

ENTRANCE + EXIT
▪ At least one entrance, and another one for exit

Development
controls

TERMS DEFINED
▪ TLA = Total lot area
▪ PSO = Percentage of site occupancy
▪ The part of the lot occupied by the building (A.K.A.
building footprint expressed in %)
▪ TOSL = Total open space within lot
▪ The part of the lot NOT occupied by the building
▪ TLA = PSO + TOSL

▪ USA = Unpaved surface area


▪ The portion of the open space that is unpaved
▪ ISA = Impervious surface area
▪ The portion of the open space that is paved
▪ Since “open space” = TOSL,
▪ TOSL = USA + ISA

▪ MACA = PSO + ISA


▪ Hence, TLA = MACA + USA
▪ Note: MACA stands for Maximum Allowable Construction Area
▪ AMBF = Allowable max. building footprint
▪ Footprint expressed in square meters
▪ GFA = Gross floor area
▪ Total enclosed floor area (including balconies)
▪ Excludes the following enclosed areas:
▪ Parking, services, utilities
▪ Vertical penetrations in parking floors if not used for residential or
commercial purposes
▪ Balconies exceeding 10sqm, uncovered areas, fire escape
structures, etc.

▪ TGFA = Total gross floor area


▪ Includes all enclosed floor areas, no exceptions
▪ AMVB = Allowable max. volume of building
▪ OFB = Outer faces of the building
▪ FLAR = Floor and lot area ratio

BUILDING BULK
▪ A volume quantity
▪ In the simplest sense,
▪ Building bulk = Footprint x Height
▪ However, the Code prescribes several different
methods for determining this quantity

METHOD 1: AMBF PROJECTION


▪ Determine the AMBF
▪ Determine the BHL (in meters)
▪ AMBF x BHL = Building bulk

METHOD 2: FLAR
▪ FLAR : Floor to lot area ratio
▪ Total floor area / lot area
▪ For example, a FLAR designation of 1.50 means that a
lot measuring 100sqm may accommodate a building
whose total floor area is 150sqm.
▪ In a way, FLAR tells us how many lots can fit inside the
building.

METHOD 2: FLAR
▪ Building bulk = Footprint x Height
▪ To get footprint:
▪ FLAR x TLA = Total floor area
▪ Total floor area/Number of storeys = Footprint
▪ Hence, building bulk is equal to:
▪ [(FLAR x TLA)/number of storeys] x BHL

METHOD 3: AMVB
1. AMBF x BHL = initial AMVB (“prism”)
2. Superimpose the angular plane originating from
the RROW onto the “prism”
▪ Angular plane: a plane originating from the RROW that
establishes the outer limit for walls and building
projections.
3. Use the angular plane to reduce the volume of
the prism. This is the AMVB.
OTHER FORMULAS
▪ PSO = AMBF / TLA
▪ GFA = TLA x FLAR
▪ TGFA = GFA + Non-GFA

RULE 8
Light + Ventilation

INTENT
▪ Every building shall be designed, constructed, and equipped to provide
adequate light and ventilation.

VARIABLES
▪ Setbacks
▪ Site occupancy
▪ Room sizes
▪ Ceiling heights
▪ Window sizes
▪ Courts

MEASUREMENT OF SITE
OCCUPANCY
▪ Taken at ground level and exclusive of courts,
yards, and light wells.

PSO, TOSL, USA, ISA


▪ TLA = PSO + TOSL
▪ TOSL = USA + ISA
▪ USA = minimum value
▪ ISA = maximum value
▪ These values are given in Table VII.1 on p.131

LOT TYPES
▪ The Code defines seven lot types
▪ Inside lot
▪ Interior lot
▪ Corner lot
▪ Through lot
▪ Corner through lot
▪ Corner through lot abutting 3 or more streets
▪ End lot

YARD VERSUS SETBACK


▪ Yard: the required open space left between the
outermost face of the building and the property
lines
▪ Setback: the width of the yard
COURTS
▪ Minimum dimension: 2.00m
▪ Hence, minimum area: 4.00sqm
▪ All inner courts shall be connected to a street or
yard by a passageway at least 1.20m wide

JOINING OF COURTS
▪ Minimum dimension may be reduced to 1.50m in
cluster living units with adjacent courts
▪ Minimum area per court: 3.00sqm
▪ Separation wall: 2.00m high maximum

PARKING SPACES AND CARPORTS


▪ If a carport is roofed, it will be considered part of
the building footprint and not the TOSL

FRONT YARDS AS PARKING


▪ Only allowed for single family dwelling units falling
under the following zoning classifications:
▪ Basic R-2
▪ Basic R-3
▪ R-4

FIREWALL EXTENSIONS
▪ Above the roof line: 400mm
▪ Under the eaves: 300mm
▪ From the building edges: 600mm
MINIMUM CEILING HEIGHTS

MINIMUM ROOM SIZES

AIR SPACE REQUIREMENTS

MINIMUM AREA OF WINDOWS


Easements

EASEMENT IS PUBLIC LAND


▪ Situated outside of private property limits
▪ Should be equally enjoyed by all members of the
community
▪ The only uses allowed are those that support its
public recreational character

MINIMUM EASEMENTS

RROW

VIEW CORRIDORS + SIGHTLINES


▪ The carriageway shall be free of structures,
particularly commercial signs that will impede the
view corridor and sightlines within the RROW
▪ To dignify important public/historical buildings, all
forms of commercial signs intruding into the
RROW leading to or away said structures shall be
disallowed
ACCESS TO PROPERTY
▪ No building shall be constructed unless it adjoins
or has direct access to a public space, yard, or
road on at least one side.
▪ Interior or rear lots shall have an access road with
a minimum width of 3.00m. Provide a 4.00m wide
chaflan at the intersection with the main RROW.

THREE RROW LEVELS


▪ RROW above grade
▪ RROW at grade
▪ RROW below grade

RROW ABOVE GRADE


▪ From the finished surface of the roadway all the
way up to the air
▪ If utilized for whatever purpose, the use or air
rights must be compensated for (leased from the
government)
▪ Minimum clear height: 4.27m from crown of
carriageway

RROW AT GRADE
▪ From natural grade line to the finished surface of
the carriageway or sidewalk
▪ Generally utilized for the movement of the general
public (motorists and pedestrians)
▪ If utilized for whatever purpose, proponent must
lease/pay the government

RROW BELOW GRADE


▪ From finished surface of roadway all the way
down into the ground
▪ If utilized for whatever purpose, proponent must
lease/pay the government
SIDEWALKS
▪ The local planning authority shall determine which
streets shall have an open sidewalk or an arcaded
sidewalk, or a combination of both
▪ For a RROW width of 9.00m or more, the
minimum sidewalk width shall be 1.20m on each
side of the RROW. For RROW less than 9.00m,
refer to Table VIII.G.3

GRADE OF SIDEWALKS
▪ As much as possible, sidewalks shall be level and of
uniform grade throughout the length of the street
▪ When the street slope does not exceed 1/12, the
sidewalk shall follow the street slope
▪ When the street slope is 1/10, the sidewalk shall be
maintained level for every 20-40 meters of run, each
level joined by a ramp of a slope not exceeding 1/6.

DRIVEWAYS ACROSS SIDEWALKS


▪ If curb height = 200mm or lower, the driveway and
the sidewalk shall be on the same plane. Provide
entry ramp of slope 1/3 to ¼ connecting the
carriageway to the sidewalk/curb.
PLANTING STRIPS
▪ Sidewalks 2.00m or more in width shall include on
its outer side a planting strip of not less than
800mm wide up to a maximum of 1/3 of the
sidewalk width
▪ The planting strip is meant to separate the curb
from the sidewalk, and must always be placed
near the curbline.
The Revised Fire Code of the Philippines
REPUBLIC ACT NO. 9514

AN ACT ESTABLISHING A COMPREHENSIVE FIRE CODE OF THE PHILIPPINES,


REPEALING PRESIDENTIAL DECREE NO. 1185 AND FOR OTHER PURPOSES

SECTION 1. This Act shall be known as the “Fire Code of the Philippines of 2008”.

SECTION 2. It is the policy of the State to ensure public safety, promote economic
development through the prevention and suppression of all kinds, of destructive fires, and
promote the professionalization of the fire service as a profession. Towards this end, the
State shall enforce all laws, rules and regulations to ensure adherence to standard fire
prevention and safety measures, and promote accountability in the fire protection and
prevention service.

SECTION 3. Definition of Terms. - As used in this Fire Code, the following words and
phrases shall mean and be construed as indicated:

Abatement - Any act that would remove or neutralize a fire hazard.

Administrator - Any person who acts as agent of the owner and manages the use of a
building for him.

Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off
explosives. 2009lawsprem

Cellulose Nitrate or Nitro Cellulose - A highly combustible and explosive compound


produced by the reaction of nitric acid with a cellulose material.

Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having
cellulose nitrate (nitro cellulose) as base.

Combustible Flammable or Inflammable - Descriptive of materials that are easily set on fire.

Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags,
waste cloth, waste paper, kapok, hay, straw, spanish moss, excelsior and other similar
materials commonly used in commerce.

Combustible Liquid - Any liquid having a flash point at or above 37.8°C (100 °F).
Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with
certain chemicals.

Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to


and extending below the bottom chord of the roof trusses, to divide the underside of the
roof into separate compartments so that heat and smoke will be directed upwards to a roof
vent.

Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with
other elements produces a rapid drop in temperature of the immediate surroundings.

Damper - A normally open device installed inside air duct system which automatically closes
to restrict the passage of smoke or fire.

Distillation - The process of first raising the temperature in separate the more volatile from
the less volatile parts and then cooling and condensing the resulting vapor so as to produce a
nearly purified substance.

Duct System - A continuous passageway for the transmission of air.

Dust - A finely powdered substance which, when mixed with air in the proper proportion
and ignited will cause an explosion.

Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current
across a space between two conductors or terminals due to the incandescence of the
conducting vapor.

Ember - A hot piece or lump that remains after a material has partially burned, and is still
oxidizing without the manifestation of flames.

Finishes - Materials used as final coating of a surface for ornamental or protective purposes.

Fire - The active principle of burning, characterized by the heat and light of combustion.

Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks
adequate exits or fire escapes.

Fire Alarm - Any visual or audible signal produced by a device or system to warn the
occupants of the building or fire fighting elements of the presence or danger of fire to enable
them to undertake immediate action to save life and property and to suppress the fire.
Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions.

Fire Hazard - Any condition or act which increases or may cause an increase in the
probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with
fire fighting operations and the safeguarding of life and property.

Fire Lane - The portion of a roadway or public-way that should be kept opened and
unobstructed at all times for the expedient operation of fire fighting units.

Fire Protective and Fire Safety Device - Any device intended for the protection of buildings
or persons to include, but not limited to, built-in protection system such as sprinklers and
other automatic extinguishing system, detectors for heat, smoke and combustion products
and other warning system components, personal protective equipment such as fire blankets,
helmets, fire suits, gloves and other garments that may be put on or worn by persons to
protect themselves during fire.

Fire Safety Constructions - Refers to design and installation of walls, barriers, doors,
windows, vents, means of egress etc. integral to and incorporated into a building or structure
in order to minimize danger to life from fire, smoke, fumes or panic before the building is
evacuated. These features are also designed to achieve, among others, safe and rapid
evacuation of people through means of egress on construction which are sealed from smoke
or fire, the confinement of fire or smoke in the room or floor of origin and delay their spread
to other parts of the building by means of smoke sealed and fire resistant doors, walls and
floors. It shall also mean to include the treatment of buildings components or contents with
flame retardant chemicals.

Flash Point - The minimum temperature at which any material gives off vapor in sufficient
concentration to form an ignitable mixture with air.

Forcing - A process where a piece of metal is heated prior to changing its shape or
dimensions.

Fulminate - A kind of stable explosive compound which explodes by percussion.

Hazardous Operation/Process - Any act of manufacturing, fabrication, conversion, etc., that


uses or produces materials which are likely to cause fires or explosions.

Horizontal Exit - Passageway from one building to another or through or around a wall in
approximately the same floor level.
Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and
arranged for fire fighting.

Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and
connected.

Hypergolic Fuel - A rocket or liquid propellant which consist of combinations of fuels and
oxidizers which ignite spontaneously on contact with each other.

Industrial Baking and Drying - The industrial process of subjecting materials to heat for the
purpose of removing solvents or moisture from the same, and/or to fuse certain chemical
salts to form a uniform glazing on the surface of materials being treated.

Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an


electrical system.

Occupancy - The purpose for which a building or portion thereof is used or intended to be
used.

Occupant - Any person actually occupying and using a building or portions thereof by virtue
of a lease contract with the owner or administrator or by permission or sufferance of the
latter.

Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It
causes fire when in contact with combustible materials especially under conditions of high
temperature.

Overloading - The use of one or more electrical appliances or devices which draw or
consume electrical current beyond the designed capacity of the existing electrical system.

Owner - The person who holds the legal right of possession or title to a building or real
property.

Oxidizing Material - A material that readily yields oxygen in quantities sufficient to stimulate
or support combustion.

Pressurized or Forced Draft Burning Equipment - Type of burner where the fuel is subjected
to pressure prior to discharge into the combustion chamber and/or which includes fans or
other provisions for the introduction of air at above normal atmospheric pressure into the
same combustion chamber.
Public Assembly Building - Any building or structure where fifty (50) or more people
congregate, gather, or assemble for any purpose.

Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky,
deeded, dedicated or otherwise permanently appropriated for public use.

Pyrophoric - Descriptive of any substance that ignites spontaneously when exposed to air.

Refining - A process where impurities and/or deleterious materials are removed from a
mixture in order to produce a pure element or compound. It shall also refer to partial
distillation and electrolysis.

Self-closing Doors - Automatic closing doors that are designed to confine smoke and heat
and delay the spread of fire.

Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities from


pure metals.

Sprinkler System - An integrated network of hydraulically designed piping installed in a


building, structure or area with outlets arranged in a systematic pattern which automatically
discharges water when activated by heat or combustion products from a fire.

Standpipe System - A system of vertical pipes in a building to which fire hoses can be
attached on each floor, including a system by which water is made available to the outlets as
needed.

Vestibule - A passage hall or antechamber between the outer doors and the interior parts of
a house or building.

Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as
well as from the base to the top of the building.

SECTION 4. Applicability of the Code. - The provisions of the Fire Code shall apply to all
persons and all private and public buildings, facilities or structures erected or constructed
before and after its effectivity.

SECTION 5. Responsibility for the Enforcement of this Code. - This Code shall be
administered and enforced by the Bureau of Fire Protection (BFP), under the direct
supervision and control of the Chief of the Bureau of Fire Protection, through the hierarchy
of organization as provided for in Chapter VI of Republic Act No. 6975. With the approval of
the Secretary of the Department of the Interior and Local Government (DILG), the Chief,
BFP, is hereby authorized to:

a. Issue implementing rules and regulations, and prescribe standards, schedules of fees/fire
service charges and administrative penalties therefor as provided in the pertinent provisions
of this Code;

b. Reorganize the BFP as may be necessary and appropriate;

c. Support and assist fire volunteers, practitioners and fire volunteer organizations in the
country who shall undergo mandatory fire suppression, inspection, rescue, emergency
medical services and related emergency response trainings and competency evaluations to
be conducted by the BFP. In the case of the fire practitioners, they shall undergo mandatory
continuous professional education and competency evaluation of their expertise, knowledge
and skills in the area of fire science, engineering and technology to be conducted by the .

The BFP may enter into external party agreements for the conduct of trainings, education
and evaluation of fire volunteers, practitioners and fire volunteer organizations, which shall
be under the full control and supervision of the BFP: Provided, however, That during
firefighting operations, fire volunteer organizations shall be under the direct operational
control of the fire ground commanders of the BFP;

d. Enter into long term agreement, either through public biddings or negotiations in
accordance with the provisions of Republic Act No. 9184, otherwise known as the
Government Procurement Reform Act of 2003, for the acquisition of fire prevention, fire
protection and fire fighting investigation, rescue, paramedics, hazardous material handling
equipment, supplies, materials and related technical services necessary for the fire service;

e. Enter into Memoranda of Agreement with other departments, bureaus, agencies, offices
and corporations of the government, as well as private institutions, in order to define areas
of cooperation and coordination and delineate responsibility on fire prevention education,
fire safety, fire prevention, fire suppression and other matters of common concern;

f. Call on the police, other law enforcement agencies, and local government assistance to
render necessary assistance in the enforcement of this Code;

g. Designate a fire safety inspector through his/her duly authorized representative, who shall
conduct an inspection of every building or structure within his area of responsibility at least
once a year and every time the owner, administrator or occupant shall renew his/her
business permit or permit to operate;

No occupancy permit, business or permit to operate shall be issued without securing a Fire
Safety Inspection Certificate (FSIC) from the Chief, BFP, or his/her duly authorized
representative;

h. Inspect at reasonable time, any building, structure, installation or premises for dangerous
or hazardous conditions or materials as set forth in this Code, provided that in case of single
family dwelling, an inspection must be upon the consent of the occupant or upon lawful
order from the proper court. The Chief, BFP or his/her duly authorized representative shall
order the owner/occupant to remove hazardous materials and/or stop hazardous
operation/process in accordance with the standards set by this Code or its implementing
rules or regulations or other pertinent laws;

i. Where conditions exist and are deemed hazardous to life and property, to order the
owner/occupant of any building or structure to summarily abate such hazardous conditions;

j. Require the building owner/occupant to submit plans and specifications, and other
pertinent documents of said building to ensure compliance with applicable codes and
standards; and

k. Issue a written notice to the owner and/or contractor to stop work on portion of any work
due to absence, or in violation of approved plans and specifications, permit and/or clearance
or certification as approved by the Chief, BFP or his/her duly authorized representative. The
notice shall state the nature of the violation and no work shall be continued on that portion
until the violation had been corrected.

SECTION 6. Technical Staff. - The Chief, BFP shall constitute a technical staff of highly
qualified persons who are knowledgeable on fire prevention, fire safety, and fire
suppression. They may be drawn not only from the organic members of the BFP and other
government offices and agencies, but also from other sources in the latter case, they will
either be appointed into the service or hired as consultants in accordance with law. The
technical staff shall study, review and evaluate latest developments and standards on fire
technology; prepare plans/programs, on fire safety, prevention and suppression and evaluate
implementation thereof; develop programs on the professionalization of the fire service;
coordinate with appropriate government and private institutions for the offering of college
courses on fire technology and fire protection engineering; propose amendments to the Fire
Code; advise the Chief, BFP on any matter brought to his attention; and perform such other
functions as directed on any matter brought to his attention and perform such other
functions as directed by higher authorities.

SECTION 7. Inspections, Safety Measures, Fire Safety, Constructions and Protective and/or
Warning Systems. - As may be defined and provided in the rules and regulations, owners,
administrators or occupants of buildings, structures and their premises or facilities and other
responsible persons shall be required to comply with the following, as may be appropriate:

a) Inspection Requirement - A fire safety inspection shall be conducted by the Chief, BFP or
his duly authorized representative as prerequisite to the grants of permits and/or licenses by
local governments and other government agencies concerned, for the:

(1) Use or occupancy of buildings, structures, facilities or their premises including the
installation or fire protection and fire safety equipment, and electrical system in any building
structure or facility; and

(2) Storage, handling and/or use of explosives or of combustible, flammable, toxic and other
hazardous materials;

b) Safety Measures for Hazardous Materials - Fire safety measures shall be required for the
manufacture, storage, handling and/or use of hazardous materials involving:

(1) cellulose nitrate plastic of any kind;

(2) combustible fibers;

(3) cellular materials such as foam, rubber, sponge rubber and plastic foam;

(4) flammable and combustible liquids or gases of any classification;

(5) flammable paints, varnishes, stains and organic coatings;

(6) high-piled or widely spread combustible stock;

(7) metallic magnesium in any form;

(8) corrosive liquids, oxidizing materials, organic peroxide, nitromethane, ammonium nitrate,
or any amount of highly toxic, pyrophoric, hypergolic, or cryogenic materials or poisonous
gases as well as material compounds which when exposed to heat or flame become a fire
conductor, or generate excessive smoke or toxic gases;
(9) blasting agents, explosives and special industrial explosive materials, blasting caps, black
powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind, and plastic
explosives containing ammonium salt or chlorate;

(10) firework materials of any kind or form;

(11) matches in commercial quantities;

(12) hot ashes, live coals and embers;

(13) mineral, vegetable or animal oils and other derivatives/by-products;

(14) combustible waste materials for recycling or resale;

(15) explosive dusts and vapors; and

(16) agriculture, forest, marine or mineral products which may undergo spontaneous
combustion;

(17) any other substance with potential to cause harm to persons, property or the
environment because of one or more of the following: a) The chemical properties of the
substance; b) The physical properties of the substance; c) The biological properties of the
substance. Without limiting the definition of hazardous material, all dangerous goods,
combustible liquids and chemicals are hazardous materials.

c) Safety Measures for Hazardous Operation/Processes - Fire safety measures shall be


required for the following hazardous operation/processes:

(1) welding or soldering;

(2) industrial baking and drying;

(3) waste disposal;

(4) pressurized/forced-draft burning equipment;

(5) smelting and forging;

(6) motion picture projection using electrical arc lamps;

(7) refining, distillation and solvent extraction; and


(8) such other operations or processes as may hereafter be prescribed in the rules and
regulations.

d) Provision on Fire Safety Construction, Protective and Warning System - Owners,


occupants or administrator or buildings, structures and their premises or facilities, except
such other buildings or structures as may be exempted in the rules and regulations to be
promulgated under Section 5 hereof, shall incorporate and provide therein fire safety
construction, protective and warning system, and shall develop and implement fire safety
programs, to wit:

(1) Fire protection features such as sprinkler systems, hose boxes, hose reels or standpipe
systems and other fire fighting equipment;

(2) Fire alarm systems;

(3) Fire walls to separate adjoining buildings, or warehouses and storage areas from other
occupancies in the same building;

(4) Provisions for confining the fire at its source such as fire resistive floors and walls
extending up to the next floor slab or roof, curtain boards and other fire containing or
stopping components;

(5) Termination of all exits in an area affording safe passage to a public way or safe dispersal
area;

(6) Stairway, vertical shafts, horizontal exits and other means of egress sealed from smoke
and heat;

(7) A fire exit plan for each floor of the building showing the routes from each other room to
appropriate exits, displayed prominently on the door of such room;

(8) Self-closing fire resistive doors leading to corridors;

(9) Fire dampers in centralized airconditioning ducts;

(10) Roof vents for use by fire fighters; and

(11) Properly marked and lighted exits with provision for emergency lights to adequately
illuminate exit ways in case of power failure.
SECTION 8. Prohibited Acts. - The following are declared as prohibited act and omission:

a. Obstructing or blocking the exit ways or across to buildings clearly marked for fire safety
purposes, such as but not limited to aisles in interior rooms, any part of stairways, hallways,
corridors, vestibules, balconies or bridges leading to a stairway or exit of any kind, or
tolerating or allowing said violations;

b. Constructing gates, entrances and walkways to building components and yards, and
temporary or permanent structures on public ways, which obstruct the orderly and easy
passage of fire fighting vehicles and equipment;

c. Prevention, interference or obstruction of any operation of the fire service, or of duly


organized and authorized fire brigades;

d. Obstructing designated fire lanes or access to fire hydrants;

e. Overcrowding or admission of persons beyond the authorized capacity in movie houses,


theaters, coliseums, auditoriums or other public assembly buildings, except in other assembly
areas on the ground floor with open sides or open doors sufficient to provide safe exits;

f. Locking fire exits during period when people are inside the building;

g. Prevention or obstruction of the automatic closure of fire doors or smoke partitions or


dampers;

h. Use of fire protective or fire fighting equipment of the fire service other than for fire
fighting except in other emergencies where their use are justified;

i. Giving false or malicious fire alarms;

j. Smoking in prohibited areas as may be determined by fire service, or throwing of cigars,


cigarettes, burning objects in places which may start or cause fire;

k. Abandoning or leaving a building or structure by the occupant or owner without


appropriate safety measures;

l. Removing, destroying, tampering or obliterating any authorized mark, seal, sign or tag
posted or required by the fire service for fire safety in any building, structure or processing
equipment; and
m. Use of jumpers or tampering with electrical wiring or overloading the electrical system
beyond its designated capacity or such other practices that would tend to undermine the fire
safety features of the electrical system.

SECTION 9. Violations, Penalties and Abatement of Fire Hazards. - Fire hazards shall be
abated immediately. The Chief, BFP or his/her duly authorized representative, upon the
report that a violation of this Code or other pertinent laws, rules and regulations is being
committed, shall issue notice/order to comply to the owner, administrator, occupant or
other person responsible for the condition of the building or structure, indicating among
other things, the period within which compliance shall be effected, which shall be within ten
(10) to fifteen (15) days after the receipt of the notice/order, depending on the
reasonableness to adequately comply with the same.

If after the lapse of the aforesaid period, the owner, administrator, occupant or other
responsible persons failed to comply, the Chief, BFP or his/her duly authorized
representative shall put up a sign in front of the building or structure that it is a fire hazard.
Specifically, the notice shall bear the words “WARNING: THIS BUILDING/STRUCTURE IS A
FIRE HAZARD”, which shall remain posted until such time that the owner, administrator,
occupant or other persons responsible for the condition of the building, structure and their
premises or facilities abate the same, but such period shall not exceed fifteen (15) days from
the lapse of the initial period given in the notice/order to comply.

Finally, with the failure of the owner, administrator, occupant or other persons responsible
for the condition of the building, structure and their premises or facilities to comply within
the period specified above, the Chief, BFP may issue order for such abatement. If the owner,
administrator or occupant of buildings, structure and their premises or facilities does not
abate the same within the period fixed in said order, the building, structure, premises or
facilities shall be ordered closed by the Chief, BFP or his/her duly authorized representative
notwithstanding any permit clearance or certificate earlier issued by the local authorities.

Any building or structure assessed and declared by the Chief, BFP or his/her duly authorized
representative as a firetrap on account of the gravity or palpability of the violation or is
causing clear and present imminent fire danger to adjoining establishments and habitations
shall be declared a public nuisance, as defined in the Civil Code of the Philippines in a notice
to be issued to the owner, administrator, occupant or other person responsible for the
condition of the building, structure and their premises or facilities. If the assessed value of
the nuisance or the amount to be spent in abating the same is not more than One hundred
thousand pesos (P100,000.00), the owner, administrator or occupant thereof shall abate the
hazard within Fifteen (15) days, or if the assessed value is more than One hundred thousand
pesos (P100,000.00), within thirty (30) days from receipt of the order declaring said building
or structure a public nuisance; otherwise, the Chief, BFP or his/her duly authorized
representative shall forthwith cause its summary abatement. Failure to comply within five (5)
days from the receipt of the notice shall cause the Chief, BFP or his/her duly authorized
representative to put up a sign in front of the building or structure, at or near the entrance of
such premises, notifying the public that such building or structure is a “FIRE TRAP”, which
shall remain until the owner, administrator, occupant or other person responsible for the
condition of the building, structure and their premises or facilities abate the same within the
specified period.

Summary abatement as used herein shall mean all corrective measures undertaken to abate
hazards which shall include, but not limited to remodeling, repairing, strengthening,
reconstructing, removal and demolition, either partial or total, of the building or structure.
The expenses incurred by the government for such summary abatement shall be borne by
the owner, administrator or occupant. These expenses shall constitute a prior lien upon such
property.

SECTION 10. Enforcement of the Lien. - If the owner, administrator or occupant fails to
reimburse the government of the expenses incurred in the summary abatement within
ninety (90) days from the completion of such abatement, the building or structure shall be
sold at public auction in accordance with existing laws and rules. No property subject of lien
under Section 9 hereof, may be sold at a price lower than the abatement expenses incurred
by the government. The property shall be forfeited in favor of the government if the highest
bid is not at least equal to the abatement expenses.

SECTION 11. Penalties. -

1. Against the private individual:

a) Administrative fine - Any person who violates any provision of the Fire Code or any of the
rules and regulations promulgated under this Act shall be penalized by an administrative fine
of not exceeding Fifty thousand pesos (P50,000.00) or in the proper case, by stoppage of
operations or by closure of such buildings, structures and their premises or facilities which
do not comply with the requirements or by both such administrative fine and
closure/stoppage of operation to be imposed by the Chief, BFP: Provided, That the payment
of the fine, stoppage of operations and/or closure of such buildings, structures, and their
premises or facilities shall not absolve the violator from correcting the deficiency or abating
the fire hazard. The decision of the Chief, BFP, under this subsection, may be appealed to
the Secretary of the Interior and Local Government. Unless ordered by the Secretary of the
Interior and Local Government the appeal shall not stay the execution of the order of the
Chief, BFP. The decision of the Secretary of the Interior and Local Government shall be final
and executory.

b) Punitive - In case of willful failure to correct the deficiency or abate the fire hazard as
provided in the preceding subsection, the violator shall, upon conviction, be punished by
imprisonment of not less than six (6) months nor more than six (6) years, or by a fine of not
more than One hundred thousand pesos (P100,000.00) or both such fine and imprisonment:
Provided, however, That in the case of a corporation, firm, partnership or association, the
fine and/or imprisonment shall be imposed upon its officials responsible for such violation,
and in case the guilty party is an alien, in addition to the penalties herein prescribed, he shall
immediately be deported: Provided, finally, That where the violation is attended by injury,
loss of life and/or damage to property, the violator shall be proceeded against under the
applicable provisions of the Revised Penal Code.

Any person who, without authority, maliciously removes the sign that a building or structure
is a fire hazard/firetrap placed by the authorized person in this Code shall be liable for
imprisonment for thirty (30) days or a fine not exceeding One hundred thousand pesos
(P100,000.00) or both in the discretion of the court.

Any person, who disobeys the lawful order of the fire ground commander during a
firefighting operation shall be penalized with imprisonment of one (1) day to thirty (30) days
and a fine of Five thousand pesos (P5,000.00).

2. Against the public officer/employee

a) Administrative - The following acts or omissions shall render the public officer/employee
in charge of the enforcement of this Code, its implementing rules and regulations and other
pertinent laws, administratively liable, and shall be punished by reprimand, suspension or
removal in the discretion of the disciplining authority, depending on the gravity of the
offense and without prejudice to the provisions of other applicable laws:

(1) Unjustified failure of the public officer/employee to conduct inspection of buildings or


structures at least once a year;

(2) Deliberate failure to put up a sign in front of the building or structure within his/her area
of responsibility found to be violating this Code, its implementing rules and regulations and
other pertinent laws, that the same is a “FIRE HAZARD” or a “FIRE TRAP”;
(3) Endorsing to the Chief, BFP or his/her duly authorized representative for the
certification, or submitting a report that the building or structure complies with the
standards set by this Code, its implementing rules or regulations or other pertinent laws
when the same is contrary to fact;

(4) Issuance or renewal of occupancy or business permit without the fire safety inspection
certificate issued by the Chief, BFP or his/her duly authorized representative;

(5) Failure to cancel the occupancy or business permit after the owner, administrator,
occupant or other person responsible for the condition of the building, structure and other
premises failed to comply with the notice/order for compliance with the standards set by
this Code, its implementing rules and regulations and other pertinent laws, within the
specified period;

(6) Failure to abate a public nuisance within fifteen (15) days after the owner, administrator,
occupant or other responsible person failed to abate the same within the period contained in
the notice to abate;

(7) Abusing his/her authority in the performance of his/her duty through acts of corruption
and other unethical practices; or

(8) Other willful impropriety or gross negligence in the performance of his/her duty as
provided in this Act or its implementing rules and regulations.

b) Punitive — In case of willful violation involving the abovementioned acts or omissions


enumerated under Section 11 subparagraph 2(A), the public officer/employee shall, upon
conviction, be punished by imprisonment of not less than six (6) months nor more than six
(6) years, or by a fine of not more than One hundred thousand pesos (P100,000.00) or both
such fine and imprisonment: Provided, That where the violation is attended by injury, loss of
life and/or property, the violator shall be proceeded against under the applicable provisions
of the Revised Penal Code.

SECTION 12. Appropriation and Sources of Income. -

a. To support the manpower; infrastructure and equipment needs of the fire service of the
BFP, such amount as may be necessary to attain the objectives of the Fire Code shall be
appropriated and included in the annual appropriation of the BFP.
b. To partially provide for the funding of the fire service the following taxes and fees which
shall accrue to the general fund of the National Government, are hereby imposed:

(1) Fees to be charged for the issuance of certificates, permits and licenses as provided for in
Section 7 (a) hereof;

(2) One-tenth of one per centum (0.1%) of the verified estimated value of buildings or
structures to be erected, from the owner thereof, but not to exceed Fifty thousand
(P50,000.00) pesos, one half to be paid prior to the issuance of the building permit, and the
balance, after final inspection and prior to the issuance of the use and occupancy permit;

(3) One-hundredth of one per centum (0.10%) of the assessed value of buildings or
structures annually payable upon payment of the real estate tax, except on structures used
as single family dwellings;

(4) Two per centum (2%) of all premiums, excluding re-insurance premiums for the sale of
fire, earthquake and explosion hazard insurance collected by companies, persons or agents
licensed to sell such insurances in the Philippines;

(5) Two per centum (2%) of gross sales of companies, persons or agents selling fire fighting
equipment, appliances or devices, including hazard detection and warning systems; and

(6) Two per centum (2%) of the service fees received from fire, earthquake, and explosion
hazard reinsurance surveys and post loss service of insurance adjustment companies doing
business in the Philippines directly through agents.

SECTION 13. Collection of Taxes, Fees and Fines. - All taxes, fees and fines provided in this
Code shall be collected by the BFP: Provided, That twenty percent (20%) of all such
collections shall be set aside and retained for use by the city or municipal government
concerned, which shall appropriate the same exclusively for the use of the operation and
maintenance of its local fire station, including the construction and repair of fire station:
Provided, further, That the remaining eighty (80%) shall be remitted to the National Treasury
under a trust fund assigned for the modernization of the BFP.

SECTION 13-A. Assessment of Fire Code Taxes, Fees and Fines. - The assessment of fire
code taxes, fees and fines is vested upon the BFP. The BFP shall, subject to the approval of
the DILG, prescribe the procedural rules for such purpose.
SECTION 13-B. Collection and Assessment of Local Taxes, Fees and Fines. - The collection
and assessment of taxes, fees and fines as prescribed in the Local Government Code, except
those contained in this Code, shall be the function of the concerned local government units.

SECTION 13-C. Use of Income Generated from the Enforcement of the Fire Code. - The
Chief, BFP is authorized, subject to the approval of the Secretary of the Interior and Local
Government, to use the income generated under the Fire Code for procurement of fire
protection and fire fighting investigation, rescue, paramedics, supplies and materials, and
related technical services necessary for the fire service and the improvement of facilities of
the Bureau of Fire Protection and abatement of fire hazards.

The BFP shall determine the optimal number of equipment, including, but not limited to, fire
trucks and fire hydrants, required by every local government unit for the proper delivery of
fire protection services in its jurisdiction.

In the procurement of firefighting and investigation supplies and materials, the Bureau of
Product Standards of the Department of Trade and Industry shall evaluate, determine and
certify if the supply so procured conforms to the product standards fixed by the BFP. For
this purpose, the BFP shall submit to the Bureau of Product Standards a detailed set of
product standards that must be complied with in the procurement of fire fighting and
investigation supplies and materials within six (6) months from the effectivity of this Act.

SECTION 13-D. Monitoring the Implementation of the Fire Code and the Amount of the
Fees Collected. - The Chief, BFP shall, within six (6) months from the effectivity of this Code,
submit to the Secretary of the Interior and Local Government for his/her approval, a
management tool or mechanism that would ensure effective monitoring of the enforcement
of the Fire Code to include the amount of Fire Code fees collected.

SECTION 14. Within sixty (60) days from the effectivity of this Act, the Secretary of the
Interior and Local Government shall issue the rules and regulations for its effective
implementation.

SECTION 15. Presidential Decree No. 1185 is hereby repealed. All laws, presidential
decrees, letters of instructions, executive orders, rules and regulations insofar as they are
inconsistent with this Act, are hereby repealed or amended as the case may be.

SECTION 16. In case any provision of this Act or any portion thereof is declared
unconstitutional by a competent court, other provisions shall not be affected thereby.
SECTION 17. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in two (2) national newspapers of general circulation.

Approved: December 19, 2008

Published in The Manila Times on January 5, 2009.

FIRE CODE
Section 7 of the RA 9514 states the Inspections, Safety Measures, Fire Safety,
Constructions, and Protective and/or Warning Systems.
1. Inspections - A fire safety inspection shall be conducted by the Chief, BFP or his duly
authorized representative as prerequisite to the grants of permits and/or licenses by
local governments and other government agencies concerned, for the: (1) Use or
occupancy of buildings, structures, facilities or their premises including the installation
or fire protection and fire safety equipment, and electrical system in any building
structure or facility; and
(2) Storage, handling and/or use of explosives or of combustible, flammable, toxic and
other hazardous materials;

FIRE CODE
(9) blasting agents, explosives and special industrial explosive materials, blasting caps,
black powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind,
and plastic explosives containing ammonium salt or chlorate;
(10) fireworks materials of any kind or form;
(11) matches in commercial quantities;
(12) hot ashes, live coals and embers;
(13) mineral, vegetable or animal oils and other derivatives/by products;
(14) combustible waste materials for recycling or resale;
(15) explosive dusts and vapors; and
(16) agriculture, forest, marine or mineral products which may undergo spontaneous
combustion.
(17) any other substance with potential to cause harm to persons, property or the
environment because of one or more of the following: a) The chemical properties of
the substance; b) The physical properties of the substance; c) The biological properties
of the substance. Without limiting the definition of hazardous material, all dangerous
goods, combustible liquids and chemicals are hazardous materials.

3. Safety Measures for Hazardous Operation/Processes - Fire


Safety measures shall be required for the following hazardous
operation/processes:
• (1) welding or soldering;
• (2) industrial baking and drying;
• (3) waste disposal;
• (4) pressurized/forced-draft burning equipment;
• (5) smelting and forging;
• (6) motion picture projection using electrical arc lamps;
• (7) refining, distillation and solvent extraction; and
• (8) such other operations or processes as may hereafter be
prescribed in the Rules and Regulations.

4. Provision on Fire Safety Construction, Protective and Warning System -


Owners, occupants or administrator or buildings, structures and their
premises or facilities, except such other buildings or structures as may be
exempted in the rules and regulations to be promulgated under Section 5
hereof, shall incorporate and provide therein fire safety construction,
protective and warning system, and shall develop and implement fire safety
programs, to wit:
• (1) Fire protection features such as sprinkler systems, hose boxes, hose
reels or standpipe systems and other fire fighting equipment;
• (2) Fire Alarm systems;
• (3) Fire walls to separate adjoining buildings, or warehouses and storage
areas from other occupancies in the same building;
• (4) Provisions for confining the fire at its source such as fire resistive floors
and walls extending up to the next floor slab or roof, curtain boards and
other fire containing or stopping components;

(5) Termination of all exits in an area affording safe passage


to a public way or safe dispersal area;
• (6) Stairway, vertical shafts, horizontal exits and other
means of egress sealed from smoke and heat;
• (7) A fire exit plan for each floor of the building showing the
routes from each other room to appropriate exits,
displayed prominently on the door of such room;
• (8) Self-closing fire resistive doors leading to corridors;
• (9) Fire dampers in centralized airconditioning ducts;
• (10) Roof vents for use by fire fighters; and
• (11) Properly marked and lighted exits with provision for
emergency lights to adequately illuminate exit ways in case
of power failure.

Section 8 of the RA 9514 states the Prohibited Acts and Omission


(a) Obstructing or blocking the exit ways or across to buildings clearly marked for fire
safety
purposes, such as but not limited to aisles in interior rooms, any part of stairways,
hallways,
corridors, vestibules, balconies or bridges leading to a stairway or exit of any kind, or
tolerating or
allowing said violations;
(b) Constructing gates, entrances and walkways to buildings components and yards
which
obstruct the orderly and easy passage of fire fighting vehicles and equipment;
(c) Prevention, interference or obstruction of any operation of the Fire Service, or of
duly
organized and authorized fire brigades;
(d) Obstructing designated fire lanes or access to fire hydrants;
(e) Overcrowding or admission of persons beyond the authorized capacity in movie
houses,
theaters, coliseums, auditoriums or other public assembly buildings, except in other
assembly
areas on the ground floor with open sides or open doors sufficient to provide safe exits;

(f) Locking fire exits during period when people are inside the building;
(g) Prevention or obstruction of the automatic closure of fire doors or smoke partitions
or dampers;
(h) Use of fire protective of fire fighting equipment of the fire service other than for fire
fighting except in other
emergencies where their use are justified;
(i) Giving false or malicious fire alarms;
(j) Smoking in prohibited areas as may be determined by fire service, or throwing of
cigars, cigarettes, burning
objects in places which may start or cause fire;
(k) Abandoning or leaving a building or structure by the occupant or owner without
appropriate safety
measures;
(l) Removing. destroying, tampering or obliterating any authorized mark, seal, sign or tag
posted or required by
the fire service for fire safety in any building, structure or processing equipment; and
(m) Use of jumpers or tampering with electrical wiring or overloading the electrical
system beyond its
designated capacity or such other practices that would tend to undermine the fire
safety features of the
electrical system.
FIRE ALARM SYSTEMS

SYSTEM SELECTION BASED ON :


• BUILING OCCUPANT SAFETY
• SATISFY THE BUILDING CODE
• PROPERTY PROTECTION
• FIRST RESPONDER SAFETY
• ENVIRONMENTAL PROTECTION
• COMBINATION OF ALL

RULE 10, DIVISION 3. CLASSIFICATION OF OCCUPANCY


1. Assembly
a) Assembly occupancies include, but are not limited to, all buildings or portions of
buildings used for gathering together of fifty (50) or more persons for such
purposes as deliberation, worship, entertainment, eating, drinking, amusement,
awaiting transportation, or similar uses.
b) Assembly occupancies include: theaters; assembly halls; auditorium; exhibition
halls; museum; restaurants; drinking establishments; places of worship;
classrooms of 50 persons and over capacity; libraries; internet shops of over 50
persons capacity; dance halls; club rooms; skating rinks; gymnasiums; cockpit
arenas; bowling facilities; pool rooms; armories; passenger stations and
terminals of air, surface, underground, and marine public transportation
facilities; recreational facilities; piers; court-rooms; conference rooms; and
mortuary chapels or funeral homes.
c) Restaurants and drinking establishments with an occupant load of less than 50
persons shall be classified as mercantile occupancies. 47
d) Occupancy of any room or space for assembly purposes by less than fifty (50)
persons in a building of other occupancy and incidental to such other occupancy
shall be classified as part of the other occupancy and subject to the provisions
applicable thereto.

2. Educational
a. Educational occupancies include all buildings or portions
thereof used for the gathering of group of six (6) or more
persons for purposes of instruction.
b. Educational occupancies include: Schools; Universities;
Colleges; Academies; Nursery schools; Kindergartens; and
Child Day Care facilities.
c. Other occupancies associated with educational
institutions shall be in accordance with the appropriate
parts of this Chapter, except licensed day care facilities of
any capacity.
d. In case where instruction is incidental to some other
occupancy, the Section of the Chapter governing such
other occupancy shall apply.

3. Health Care
a) Health care facilities are those used for purposes
of medical or other treatment or care of persons
where such occupants are mostly incapable of
self preservation because of age, physical or
mental disability, or because of security
measures not under the occupants’ control.
b) Health care facilities include: hospitals; nursing
homes; birth centers; and residential custodial
care centers such as nurseries, homes for the
aged and the like.

4. Detention and Correctional


a) Detention and correctional buildings are those used
to house one or more persons under varied degrees
of restraint or security where such occupants are
mostly incapable of self-preservation because of
security measures not under the occupants’ control.
b) Detention and correctional occupancies shall include
those used for purposes such as correctional
institutions, detention facilities, community
residential centers, training schools, work camps, and
substance abuse centers where occupants are
confined or housed under some degree of restraint or
security.

5. Residential
a) Residential occupancies are those occupancies in
which sleeping accommodations are provided for
normal residential purposes and include all buildings
designed to provide sleeping accommodations.
b) Residential buildings, structures or facilities are
treated separately in this Rule in the following groups:
hotels; motels; apartelles; pension houses; inns;
apartments; condominiums; dormitories; lodging or
rooming houses; and one- and two-family dwellings;
and the likes.

6. Mercantile
a) Mercantile occupancies include stores, markets, and other rooms,
buildings, or structures for the display and/or sale of merchandise.
b) Mercantile occupancies include: malls; supermarkets; department
stores; shopping centers; flea markets; restaurants of less than 50
persons capacity; public/private dry and wet markets; water
refilling stations; drugstores; hardwares/construction supplies;
showrooms; and auction rooms.
c) Minor merchandising operation in building predominantly of
other occupancies, such as newsstand in an office building, shall
be subject to the exit requirements of the predominant
occupancy.
d) Office, storage, and service facilities incidental to the sale of
merchandise and located in the same building should be
considered part of the mercantile occupancy classification.

7. Business
a) Business buildings are those used for the transaction of
business other than that covered under Mercantile, for
the keeping of accounts and records and similar purposes.
b) Included in this occupancy group are: offices for lawyers;
doctors; dentists and other professionals; general offices;
City/Municipal halls; internet shops; massage parlors,
beauty parlors, barbershops of less than 50 occupants and
court houses;
c) Minor office occupancy incidental to operations in other
occupancy shall be considered as a part of the dominant
occupancy and shall be subject to the provisions of the
Chapter applying to the dominant occupancy.

8. Industrial
a) Industrial occupancies include factories that make
products of all 49 kinds and properties which shall
include but not limited to product processing,
assembling and disassembling, mixing, packaging,
finishing or decorating, repairing and material
recovery including, among others, the following:
factories of all kinds; laboratories; dry cleaning plants;
power plants; pumping stations; smokehouses; gas
plants; refineries; and sawmills, laundries; creameries

9. Storage
a) Storage occupancy includes all buildings or
structures utilized primarily for the storage or
sheltering of goods, merchandise, products,
vehicles, or animals. Included in this occupancy
group are: warehouses; cold storages; freight
terminals; truck and marine terminals; bulk oil
storage; LPG storage; parking garages; hangars;
grain elevators; barns; and stables.
b) Minor storage incidental to other occupancy
shall be treated as part of the other occupancy.

10. Mixed Occupancies


a) Refers to two or more classes of occupancies
occurring/located/situated/existing in the same
building and/or structures so intermingled that
separate safeguards are impracticable.
b) The means of egress shall be sufficient to meet exit
requirements for the occupants of each individual
room or section, and for the maximum occupant load
of the entire building. Fire safety construction,
protective and warning systems and other safeguards
shall met requirements of the most hazardous
occupancy unless otherwise specified.
11. Miscellaneous
a) This class of occupancy includes buildings or
structure which cannot be properly classified
in any of the preceding occupancy groups.
Such miscellaneous buildings and structures
shall conform to the fundamental guidelines
provided for in Division 2 and to any specific
provisions applicable thereto in Division 17
both of this Chapter. (pdf)

FIRE DETECTION
1. Spark/Ember Detectors
2. Flame Detectors
3. Combination
4. Radiant Energy (UV & IR)
5. Smoke Detectors (Ionization & Photoelectric)
6. Heat Detectors (Fixed Temperature & Rate-ofRise)

BATAS PAMBANSA BLG. 344


Accessibility Law
A. Outside and Around Buildings

Dropped Curbs
• Dropped curbs should be provided at walkways with changes in elevations
• Should be provided at pedestrian crossings and at end of footpaths
• Should be as wide as the crossing or should be 900mm wide at minimum
• Shall be ramped towards adjoining curbs with a gradient not more than 1:12
• Shall be sloped towards the road with a maximum cross gradient of 1:20
• The lowest point of the curb should not exceed 25mm height above the road/gutter
Curb Cut-outs
• Curb cut-outs should only be allowed when it will not obstruct or lessen the width of a
walkway
• Minimum width should be 900mm
• Should have a gradient not more than 1:12
Walkways
• Walkways should be kept as level as possible and provided with slip-resistant
material
• Minimum width is at 1200mm
• Should have a gradient no more than 1:20 or 5% (1:100 max cross gradient)
• Should not have abrupt pitches in angle or interruptions by cracks that create edges
above 6.5mm
• Grating openings at walkways should have max dimension of 13x13mm and shall not
project more than 6.5mm

• In lengthy walkways, wheelchair rest stops or turning spaces with minimum dimension of
1500mm should be provided
(maximum distance of 12 meters between stops)
• Straight forward routes with right angle turns should be observed for the blind
• Regular maintenance of the plantings adjacent to the walkway is needed to avoid
overgrowth and obstruction
• Walkway headroom shall not be less than 2 meters
• Passageway for the disabled should not be obstructed by furniture, bollards, etc
Handrails

• Handrails should be installed at both sides of ramps and stairs and at the outer edges of
dropped curbs at crossings
• Shall be installed at 900mm and 700mm above steps or ramps ( Height at 1 or 1.06 meters
if for protection at great heights)
• 300mm long extension of handrail should be provided at start and end of ramps and stairs
• Hand grips should be 30 to 50mm wide
• If attached to walls or ledges it should have a minimum clearance of 50mm from the wall
or 40mm from the ledge
Open Spaces
• Where open spaces are provided, give walkways defined edges either by the use of
planters with dwarf walls, grass verge or similar which provides a texture different from the
path. This helps the blind to determine the pathway.

Signage
• Directional and informational sign should be located at points conveniently seen even by a
person on a wheelchair
• Should be kept simple and easy to understand, should be made of contrasting colors and
gray values to
make detection and reading easy
• Should a sign protrude into a walkway, it should have a min. headroom of 2 meters
• On walls and doors, it should be located at max. height of 1.60 meters and a min.
height of 1.40 meters

• Labeling public areas should have embossed symbols with min. height of 1mm (Braille
should also be included)
• Text on signboards shall be of dimension that people with less than normal visual acuity
can read at a certain distance

Crossing

• To reduce the exposure time to vehicular traffic, all at grade crossing should:
– Be perpendicular to the carriageway
– Be located at the narrowest part of the road
– Have central refuges of at least 1.5 m deep and preferably 2 m, where the width of road to
be crossed exceeds 10 m.

• Provide tactile blocks in the immediate vicinity of crossings as an aid to the blind, should
be high enough to be felt but low enough to not cause tripping
• Brushed or grooved concrete have not proved successful as tactile strips

• Light controlled crossings and audible signals are best for the disabled
• Audible signals should be distinguishable like in indicating end of crossing time
• A min. of 6 seconds crossing period or crossing distance times 0.9 m/sec crossing speed,
whichever is greater should be used

PARKING

Parking Areas
• Accessible parking slots should have a minimum width of 3.70m
• Should be close as possible to building or accessible entrances and should be perpendicular
or at an angle to the road or circulation areas

• Walkways from accessible spaces of 1.2 m clear width shall be provided between front
ends of parked cars
• Signs or markings for the handicapped parking should be provided
• Should never be located at sloping areas
Inside Buildings and
Structures

Entrance
• At least 1 entrance to every building should be accessible from arrival and
departure points to the interior lobby (1 entrance should have elevator access)
• Entrance with vestibules shall be provided a level area with at least 1.8m depth and a
1.5m width
Ramps
• Change in elevation require a ramp except when served by a dropped curb, an elevator
or other mechanical device
• Provide 1.2m clear width with 1:12 max gradient
• Length of the ramp should not exceed 6 meter if the gradient is 1:12

• Ramps exceeding 6 meters whose gradient is 1:12 shall be provided with landings not
less than 1.5m
• Level areas not less than 1.8m should be provided at the top and bottom
• Handrails will be provided on both sides at 700mm and 900mm from the ramp level

• Shall be equipped with curbs on both sides with a minimum height of 100mm
• Ramp with a rise greater than 200mm and leads down towards a vehicular area, should
have a railing across the full width of its lower end not less than 1.5m from the foot of
the ramp
Doors
• 800mm minimum clear width for doors (measured between surface of the fully open
door at the hinge and the door jamb at the stop)
• Should be operable by force not more than 4 kg (closing device pressure shall not
exceed 1 kg)

• Minimum clear level space of 1.5x1.5m shall be provided before and extending beyond
a door (Exception: Where a door shall open onto but not into a corridor, the required
clear level space on the corridor side of the door may be a minimum of 1.2m corridor
width
• Out swinging doors should be provided at storage room, closets and PWD toilet stall
• Latching or non-latching, hardware should not require wrist or fine finger actions
• Doorknobs and other hardware should be located between 0.82m and 1.06m above
the floor (900mm is preferred)

• Vertical pull handles centered at 1.06m above the floor are preferred to horizontal pull
bars for all doors
• Doors along major circulation routes should be provided with kick plates at a height of
300mm to 400mm
Thresholds
• Thresholds and sliding door tracks shall have a maximum height of 25mm and
preferably ramped
Switches
• Manual switches shall be positioned within 1.2m to 1.3m above the floor
• Manual switches shall be located no further than 200mm from the latch side of the
door

Corridors
• 1.2 meter minimum clear width for corridors (Shall have no obstruction)
• Turnabout spaces with minimum area of 1.5x1.5 m and spaced at a maximum of 12 m
shall be provided for wheelchair passes and turning around of wheelchairs

• Turnabout spaces should also be provided at or within 3.5m of every dead-end


• As in walkways, corridors should be maintained level and provided with slip resistant
surface
Washrooms & Toilets
• 1.7 x 1.8 meters minimum dimension for accessible toilets
• 1 movable grab bar and 1 fixed to the adjacent wall shall be installed at the accessible
water closet stall for lateral mounting, fixed grab bars on both sides for frontal mounting

• A turning space of 2.25 sqm with a min. dimension of 1.5m for wheelchairs shall be
provided outside water closet stalls
• Minimum of 1 accessible water closets on each floor level (or on that part of a floor
accessible to the PWD) where the total number of water closets per sex is 20
• Minimum of 2 accessible water closets on each floor level (or on that part of a floor
accessible to the PWD) where the total number of water closets per sex exceed 20
• Max height of water closet should be 450mm, flush control should have a max height
of 1.2m
• Maximum height of lavatories should be 800mm with a knee recess of 600-700mm
vertical clearance and a 500mm depth
• Urinals should have elongated lip or should be trough-type, the maximum height of the
lip should be 480mm
• Signage of men’s washroom shall be an equilateral triangle with a vertex pointing
upward (length of sides should be 300mm)
• Signage of women’s washroom shall be a circle (diameter should be 300mm)
• Signage should at least be 7.5mm thick

Stairs

• Treads should be of slip-resistant material and edges of steps should be colored to be


easily seen
• Slanted nosing are preferred over protruding nosing to avoid feet getting caught in the
recessed areas (Open stringer should be avoided)
• A 300m wide tactile strip shall be provided before hazardous areas such as sudden
change in elevation and at the top
and bottom of stairs
Elevators
• Accessible elevators should be located not more than 30 meters from the entrance
• Shall have a minimum dimension of 1.1 x 1.4 meters
• Centerline height of topmost buttons shall be between 0.9-1.2 m from the floor
• Button sizes shall have a minimum diameter of 20mm with maximum depression depth
of 1mm

Water Fountains
• At least 1 fountain shall be provided for every 2000 sqm of floor area and there shall
not be less than 1 on each floor.
• If wall mounted, the max height shall be 850mm from the floor to the rim and shall be
push-button controlled

Public Telephones
• Provide an unobstructed space of 1.5 x 1.5 m in front of the telephone unit
• Booth door openings should have a minimum clear width of 800mm with either out
swing, folding or sliding door
• Controls shall be located at a maximum height of 1.1m above the floor
Places of assembly
Safety

Fencing For Road & Foot Works


• All excavations must be protected or fenced-in, whatever type of fence used, it is
important that the railing should incorporate the following features:
– Height of the rail should be at least 1 m above the adjacent surface

– Railing should incorporate tapping rails that should not be greater than 350mm above the
adjacent surface
– Fence should be strong enough to resist people walking in to it and gaps between
adjoining fences should not occur

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