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MODULE 3 - Pertinent Building Laws and Regulations

The document discusses the National Building Code of the Philippines which establishes regulations for building permits, types of construction, fire zones, occupancy classifications, and requirements for light and ventilation. It outlines various chapters and sections covering general provisions, administration and enforcement, permits and applications, types of construction, fire zone requirements, fire-resistive standards, occupancy classifications, and light and ventilation.

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0% found this document useful (0 votes)
871 views45 pages

MODULE 3 - Pertinent Building Laws and Regulations

The document discusses the National Building Code of the Philippines which establishes regulations for building permits, types of construction, fire zones, occupancy classifications, and requirements for light and ventilation. It outlines various chapters and sections covering general provisions, administration and enforcement, permits and applications, types of construction, fire zone requirements, fire-resistive standards, occupancy classifications, and light and ventilation.

Uploaded by

Cammy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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I. NATIONAL BUILDING CODE

Presidential Decree No. 1096 or PD 1096, adopting a National Building Code of the Philippines thereby revising
Republic Act No. 6541, entitled “An Act to Ordain and Institute a National Building Code of the Philippines”. So
ordered and decreed, February 19, 1971, by President Ferdinand E. Marcos.
Chapter 1: General Provisions
Chapter 2: Administration and Enforcement
Chapter 3: Permits and Applications
Sec. 301 Building Permits.
No person, firm or corporation, including any agency or instrumentality of the government shall
erect, construct, alter, repair, move, convert or demolish any building or structure or cause the
same to be done without first obtaining a building permit from the Building Official assigned in
the place where the subject building is located or the building work is to be done.
Sec. 302 Application of Permits
Requirements for application of building permits:
1. A description of the work to be covered by the permit applied for;
2. Certified True Copy of the TCT covering the lot on which the proposed work is to be done. If
the applicant is not the registered owner, in addition to the TCT, a copy of the Contract of
Lease shall be submitted.
3. The use or occupancy for which the proposed work is intended;
4. Estimated cost of the proposed work.
To be submitted together with such application are at least five sets of corresponding plans and
specifications prepared, signed and sealed by a duly architect and engineer for their respective
plans.
Sec. 303 Processing of the Building Permit
Sec. 304 Issuance of Building Permits
Sec. 305 Validity of Building Permits
A building permit issued under the provisions of this Code shall expire and become null and void
if the building or work authorized therein is not commenced within a period of one year from the
date of such permit, or if the building or work authorized is suspended or abandoned at any time
after it has been commenced for a period of 120 days.
Sec. 306 Non-Issuance, Suspension or Revocation of Building Permits.
Sec. 307 Appeal
Sec. 308 Inspection and Supervision of Work
Sec. 309 Certificate of Occupancy
No building or structure shall be used or occupied and no change in the existing use or
occupancy classification of a building or structure or portion thereof shall be made until the
Building Official has issued a Certificate of Occupancy therefore as provided in this Code.
A Certificate of Occupancy shall be issued by the Building Official within thirty (30) days after its
final inspection and submittal of a Certificate of Completion it is found that the building or
structure complies with the provisions of this Code.
The Certificate of Occupancy shall be posted or displayed in a conspicuous place on the
premises and shall not be removed except upon order of the Building Official.
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Chapter 4: Types of Construction


Sec. 401 Types of Construction
1. Type I: Wood construction
2. Type II: Wood construction with protective fire-resistant materials and one-hour fire resistive
throughout: Except, that permanent non-bearing partitions may use fire-retardant
treated wood within the framing assembly.
3. Type III: Masonry and Wood construction. Structural elements may be of the materials
permitted by this Code: Provided that the building shall be one-hour fire-resistive
throughout. Exterior walls shall be of incombustible fire-resistive construction.
4. Type IV: Steel, iron, concrete or masonry construction. Walls, ceilings and
permanent partitions shall be of incombustible fire-resistive construction: Except,
that permanent non-bearing partitions of one-hour fire resistive construction may
use fire-retardant treated wood within the framing assembly.
5. Type V: Fire Resistive. The structural elements shall be of steel, iron, concrete or masonry
construction. Walls, ceilings and permanent partitions shall be of incombustible fire-
resistive construction.
Sec. 402 Changes in Types
Sec. 402 Requirements of Type of Construction
Chapter 5: Requirements for Fire Zones
Sec. 501 Fire Zones defined. Are areas within which only certain types of buildings are permitted to be
constructed based on their use or occupancy, type of construction, and resistance to Fire.
Sec. 502 Buildings located in more than one Fire Zone
Sec. 503 Moved Buildings
Sec. 504 Temporary Buildings
Sec. 505 Center Lines of Streets
Sec. 506 Restrictions on Existing Buildings
Sec. 507 Designation of Fire Zones
Chapter 6: Fire-Resistive Requirements
Sec. 601 Fire-Resistive Rating Defined. Fire-resistive rating means the degree to which a material can
withstand fire as determined by generally recognized and accepted testing methods.
Sec. 602 Fire-Resistive Time Rating Period, Fire-resistive time rating period is the length of time a
material can withstand being burned which may be one-hour, two-hour, three-hours, four-hours,
etc.
Sec. 603 Fire-Resistive Standards
Sec. 604 Fire-Resistive Regulations
Chapter 7: Classification and General Requirements of all Buildings by Use or Occupancy
Sec. 701 Occupancy Classified. Buildings proposed for construction shall be identified according to their
use or the character of its occupancy and shall be classified as follows:
1. Group A: Residential Dwellings
2. Group B: Residential, Hotels and Apartments
3. Group C: Education and Recreation
4. Group D: Institutional
5. Group E: Business and Mercantile
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6. Group F: Industrial
7. Group G: Storage and Hazardous
8. Group H: Assembly other than Group I
9. Group I: Assembly Occupant Load 1000 or more
10. Group J: Accessory
Sec. 702 Change in Use
Sec. 703 Mixed Occupancy
a. General Requirements
b. Forms of Occupancy Separation. Occupancy separations shall be vertical or both.
c. Types of Occupancy Separation. Occupancy separation shall be classified as “One-Hour
Fire-Resistive”, “Two-Hour Fire-Resistive”, “Three-Hour Fire-Resistive” and “Four-Hour Fire-
Resistive”.
d. Fire Rating for Occupancy Separation

Sec. 704 Location on Property


a. General. 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.
b. Fire Resistance of Walls
c. Buildings on Same Property and Buildings Containing Courts
Sec. 705 Allowable Floor Areas
Sec. 706 Allowable Floor Area Increases
Sec. 707 Maximum Height of Buildings
Sec. 708 Minimum Requirements for Group A Dwelling
Sec. 709 Requirements of Other Group Occupancies
Chapter 8: Light and Ventilation
Sec. 801 General Requirements
a. Subject to the provisions of the Civil Code of the Philippines on Easement of Light and View,
and to the provisions of this part of the Code, every building shall be designed, constructed
and equipped to provide adequate light and ventilation.
b. All buildings shall face a street or public alley or a private street which has been duly
approved.
c. No building shall be altered nor arranged so as to reduce the size of any room or the relative
area of windows to less than that provided for buildings under this Code, or to create an
additional room, unless such additional room conforms to the requirements of this Code.
d. No buildings shall be enlarged so that the dimensions of the required court or yard would be
less than that prescribed for such building.
Sec. 802 Measurement of Site Occupancy
Sec. 803 Percentage of Site Occupancy
Sec. 804 Size and Dimensions of Courts
a. Minimum size of courts and their least dimensions shall be governed by the use, type of
construction, and height of the building as provided in the rules and regulations promulgated
by the Secretary, provided that the minimum horizontal dimension of the court shall not be
less than 2.00 meters.
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b. All inner courts shall be connected to a street or yard, either by a passageway with a
minimum width of 1.20 meters or by a door through room or rooms.
Sec. 805 Ceiling Height
a. Habitable rooms provided with artificial ventilation shall have ceiling heights not less than
2.40 meters measured from the floor to the ceiling; Provided that for buildings of more than
one-storey, the minimum ceiling height of the first storey shall be 2.70 meters and that for
the second storey 2.40 meters and succeeding storey’s shall have an unobstructed typical
head room clearance of not less than 2.10 meters above the finished floor line. Above
stated rooms with natural ventilation shall have ceiling heights not less than 2.70 m.
b. Mezzanine floors shall have a clear ceiling height not less than 1.80 meters above and
below it.
Sec. 806 Size and Dimensions of Rooms
a. Minimum sizes of rooms and their least horizontal dimensions shall be as follows:
1. Rooms for Human Habitations: 6.00 square meters with at least dimensions of 2.00
meters.
2. Kitchens: 3.00 square meters with at least dimension of 1.50 meters
3. Bath and Toilet: 1.20 square meters with at least dimension of 0.90 meter.
Sec. 807 Air Space Requirements in Determining the Size of Rooms
a. Minimum air space shall be provided as follows:
1. School Rooms: 3.00 cubic meters with 1.00 square meter of floor area per person.
2. Workshops, Factories and Offices: 12.00 cubic meters of air space per person.
3. Habitable Rooms: 14.00 cubic meters of air space per person.
Sec. 808 Window Openings
a. Every room intended for any use, not provided with artificial ventilation system as herein
specified in this Code, shall be provided with a window or windows with a total free area of
openings equal to at least 10% of the floor area of the room, and such window shall open
directly to a court, yard, public street or alley, or open water course.
Sec. 809 Vent Shafts
Sec. 810 Ventilation Skylights
Sec. 811 Artificial Ventilation
Chapter 9: Sanitation
Sec. 901 General
Sec. 902 Water Supply System
Sec. 903 Wastewater Disposal System
Sec. 904 Storm Drainage System
Sec. 905 Pest and Vermin Control
Sec. 906 Noise Pollution Control
Sec. 907 Pipe Materials
Chapter 10: Building Projections over Public Street
Sec. 1001 General Requirements
Sec. 1002 Projections into Alleys or Streets
Sec. 1003 Projection of Balconies and Appendages over Streets
Sec. 1004 Arcades
Sec. 1005 Canopies (Marquees)
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a. Definitions: A canopy or marquee is a permanent roofed structure above a door attached


to and supported by the building and projecting over a wall or sidewalk. This includes any
object or decoration attached thereto.
Sec. 1006 Movable Awnings or Hoods
a. Definitions: An awning is a movable shelter supported entirely from the exterior wall of a
building and of a type which can be retracted, folded, or collapsed against the face of
supporting wall.
Sec. 1007 Doors, Windows and the like
Doors, windows and the like less than 2.40 meters above the pavement or ground line shall
not, when fully opened or upon opening, project beyond the property line except fire exit doors.
Sec. 1008 Corner Buildings with Chaflans
a. Every corner building or solid fence on a public street or alley less than 3.60 meters in
width shall be truncated at the corner. The face of the triangle so formed shall be at right
angles to the bisector of the angle of the intersection of the street lines: provided that in no
case, the Secretary shall determine the size and form of the chaflan.
b. If the building is arcaded, no chaflan is required notwithstanding the width of the public
street or alley, less than 1.20 meters.
Chapter 11: Protection of Pedestrians during Construction or Demolition
Sec.1101 General Requirements
a. No person shall use or occupy a street, alley or public sidewalk for the performance of
work covered by a building permit except in accordance with the provisions of this Code.
b. No person shall perform any work on any building or structure adjacent to a public way in
general use for pedestrian travel, unless the pedestrians are protected as specified in this
Chapter.
c. Any material or structure temporarily occupying public property, including fence, canopies
and walkways, shall be adequately lighted, between sunset and sunrise.
Sec.1102 Storage in Public Property
Sec.1103 Mixing Mortar on Public Property
Sec.1104 Protection of Utilities
Sec.1105 Walkway
a. When the Building Official authorizes a sidewalk to be fenced or closed, or in case there is
no sidewalk in front of the building site during construction or demolition, a temporary
walkway of not less than 1.20 meters wide shall be provided.
b. The walkway shall be capable of supporting a uniform live load of 65 kilograms per square
meter. A durable wearing surface shall be provided throughout the construction period.
Sec.1106 Pedestrian Protection
a. Protection Required. Pedestrian traffic shall be protected by a railing on the street side
when the walkway extends into the roadway, by a railing when adjacent to excavations,
and such as set forth in Table 1106-A: Type of Projection Required for Pedestrians
b. Railings. Adequate railings when required shall be built substantially strong and should be
at least 1.00 meter in height.
c. Fences. Fences shall be built of an approved material, not less than 2.40 meters in height
above grade, and be placed on the side of the walkway nearest to the building site.
Fences shall enclose entirely the building site. Openings in such fences shall be provided
with doors which shall be kept closed at all times.
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d. Canopies. The protective canopy shall have a clear height of 2.40 meters above the
railway, and shall be structurally safe. Every canopy shall have a solid fence built along its
entire length on the construction side. If materials are stored or work is done on top of the
canopy, the edge along the street shall be protected by a tight curb board not less than
300 millimeters high and a railing not less than 1.00 meter high shall be provided. The
entire structure shall be designed to carry the loads imposed upon it: Provided that the live
load shall not be less than 600 kilograms per square meter.
Sec.1107 Maintenance and Removal of Protective Devices
Sec.1108 Demolition
a. The work of demolishing any building shall not be commended until all necessary
pedestrian protective structures are in place.
b. The Building Official may require the applicant to submit plans, specifications and
complete schedule of demolition. When so required, no work shall be done until plans,
specifications and schedule are approved by the Building Official.
Chapter 12: General Design and Construction Requirements
Sec.1201 General Requirements
Sec.1202 Excavations, Foundations, and Retaining Walls
Sec.1203 Veneer
a. Definition. Veneer is a non-structural facing or brick, concrete, tile, metal, plastic, glass or
other similar approved materials attached to a backing or structural components of the
building for the purpose of ornamentation, protection or enclosure that may be adhered,
integrated or anchored either on the interior or exterior of the building or structure.
Sec.1204 Enclosure of Vertical Openings
Sec.1205 Floor Construction
Sec.1206 Roof Construction and Covering
a. Roof Covering. Roof covering for all buildings shall be either fire-retardant or ordinary
depending upon the fire-resistive requirements of the particular type of construction. The
use of combustible roof insulation shall be permitted in all types of construction provided it
is covered with approved roof covering applied directly thereto.
Sec.1207 Stairs, Exits and Occupant Loads
a. General
1. Determination of Occupant load
2. Exit Requirements
3. Posting of Room Capacity
4. Changes in Elevation
b. Exits
1. Number of Exits
2. Width of Exits
3. Arrangement of Exits
4. Distance of Exits
c. Doors
1. Swing
2. Type of Lock or latch
3. Width and Height
4. Door Leaf Width
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5. Special Doors
6. Egress from Door
7. Change in Floor Level at Doors
8. Door Identification
9. Additional Doors
d. Corridors and Exterior Exit Balconies
e. Stairways
f. Ramps
g. Horizontal Exit
h. Exit Enclosures
i. Smokeproof Enclosures
j. Exit Outlets, Courts and Passageways
k. Exit Signs and Illumination
l. Aisles
m. Reviewing Stands, Grandstands, and Bleachers
n. Special Hazards
Sec.1208 Skylights
Sec.1209 Bays, Porches, and Balconies
Sec.1210 Penthouses and Roof Structures
Sec.1211 Chimneys, Fireplaces and Barbecues
Sec.1212 Fire-Extinguishing Systems
a. Fire-Extinguishing Systems
b. Dry Standpipes
c. Wet Standpipes
d. Basement Pipe Inlets
e. Approval
Sec.1213 Stages and Platforms
Sec.1214 Motion Picture Projection Rooms
Sec.1215 Lathing, Plastering and Installation of Wall Boards
Chapter 13: Electrical and Mechanical
Sec.1301 Electrical Regulations
Sec.1302 Mechanical Regulations
Chapter 14: Photographic and X-Ray Films
Sec.1401 Storage and Handling
Sec.1402 Classes of Film Exempted
Chapter 15: Pre-Fabricated Construction
Sec.1501 Pre-Fabricated Assembly
Chapter 16: Plastics
Sec.1601 Approved Plastics
Sec.1602 Installation
Sec.1603 Glazing of Openings
Sec.1604 Skylights
Sec.1605 Light-Transmitting Panels in Monitors and Saw-tooth Roofs
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Sec.1606 Plastic Light Diffusers in Ceilings


Sec.1607 Partitions
Sec.1608 Exterior Veneer
Sec.1609 Awnings and Canopies
Chapter 17: Sheet Metal Paint Spray Booths
Sec.1701 Sheet Metal Paint Spray Booths
Sec.1702 Fire Protection
Sec.1703 Light
Sec.1704 Ventilation
Chapter 18: Glass and Glazing
Sec.1801 General Requirements
Sec.1802 Area Limitation
Sec.1803 Glazing
Sec.1804 Louvered Windows
Sec.1805 Impact
Chapter 19: The Use of Computers
Sec.1901 General Rule
Sec.1902 Program Documentation
Sec.1903 Submission of Computer Generated Computations
Chapter 20: Signs
Sec.2001 General Requirements
a. No sign or signboard shall be erected in such a manner as to confuse or obstruct the view
or interpretation of any official traffic sign, signal or device.
b. No sign or signboard shall be constructed as to unduly obstruct the natural view of the
landscape, distract or obstruct the view of public as to constitute a traffic hazard, or
otherwise defile, debase or offend aesthetic and cultural values and traditions
Sec.2002 Maintenance
Sec.2003 Design and Construction
Sec.2004 Supports and Anchorages
Sec.2005 Projections and Clearances
Sec. 2006 Lighting
Chapter 21: Transitory and Final Provisions
Sec.2101 Existing Buildings and Structures
Sec.2102 Interim Rules and Regulations
Sec.2103 Separability Clause
Sec.2104 Repealing Clause
Sec.2105 Effectivity
This Decree shall take effect upon its promulgation.
Done in the City of Manila, this 19th day of February in the year of Our Lord, nineteen hundred
and seventy-seven.
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(Sgd.) FERDINAND E.
MARCOS
President
By the President: Republic of the
Philippines
(Sgd.) JUAN C. TUVERA
Presidential Assistant

FIRE CODE OF THE PHILIPPINES


Presidential Decree No. 1185

WHEREAS, death and injury to persons and loss and damage to property by fire have reached alarming
proportion that the economic and social gains of the society are being continually undermined;
WHEREAS, in order to effect a meaningful reduction of the alarming fire losses, there is a need to develop
national consciousness and involvement of all persons in the prevention and suppression of fires;
WHEREAS, fire prevention and suppression require the adoption of uniform fire safety standards, the
incorporation of fire safety construction and provision of protective and safety devices in buildings and structures;
WHEREAS, there is an urgent need for an agency primarily responsible for the implementation and coordination
of the activities of all sectors of society on fire safety, prevention and suppression;
WHEREAS, in order to effectively implement all efforts to minimize the occurrence of fires and their destructive
effects, full financial, equipment and personnel support by the government and the private sector is necessary;
NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in
me by the Constitution, do hereby order and decree as part of the law of the land the following:
PART I. PRESIDENTIAL DECREE NO. 1185
Section 1: Title. This Decree and the Rules and Regulations for its implementation shall be known as the “Fire Code
of the Philippines” and shall hereinafter be referred to as the “Fire Code”.
Section 2: Declaration of Policies
Section 3: Definition of Terms
Section 4: Applicability of the Code
Section 5: Grace Period
Section 6: Responsibility for the Enforcement of this Code. The Fire Service, under the direct supervision and
control of the Director General of the Integrated National Police, hereinafter referred to as the “Director
General” shall be responsible for the enforcement of this Code, as well as pertinent provisions of other
laws pertaining to fire protection or fire safety. With the approval of the Secretary of National Defense, the
Director General is hereby authorized to:
a. Issue implementing rules and regulations, and prescribe administrative penalties therefore;
b. Reorganize the Fire Services of the Integrated National Police as may be necessary and appropriate;
c. Enter into long term agreement, either through public biddings or negotiations to include advance
payments therefore, for the acquisition of fire prevention, fire protection and fire-fighting equipment,
supplies and materials and related technical services necessary for the Fire Service; and
d. Enter into Memoranda of Agreement with other departments, bureau, agencies, offices and
corporations of the government, as well as private institutions, in order to define areas of cooperation
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and coordination and delineate responsibility on fire prevention education, fire safety, fire prevention,
fire suppression and other matters of common concern.
Section 7: Technical Staff
Section 8: Inspections, Safety Measures, Fire Safety, Constitutions, and Protective and/or Warning Systems
a. Inspection Requirement
b. Safety Measures for Hazardous Materials
c. Safety Measures for Hazardous operation/ processes
d. Provision on Fire Safety Construction, Protective and Warning System
Section 9: Prohibited Acts
Section 10: Abatement of Fire Hazard
Section 11: Enforcement of the lien
Section 12: Penalties
a. Administrative Fine
b. Punitive
Section 13: Appropriate and Sources of Income
Section 14: Collection of Taxes, Fees and Fines
Section 15: Separability Clause
Section 16: Repealing Clause
Section 17: Effectivity
Done in the City of Manila this 26th day of August, in the year of Our Lord, Nineteen Hundred and Seventy.
(Sgd.) FERDINAND E.
MARCOS
President of the
Philippines
By the President:

(Sgd.) JUAN C. TUVERA


Presidential Assistant
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II. RULES AND REGULATIONS IMPLEMENTING THE FIRE CODE OF THE PHILIPPINES (P.D. NO. 1185)
Pursuant to Section 6 of Presidential Decree No. 1185, the following Rules and Regulations as approved by the
Secretary of National Defense are hereby promulgated.
RULE 1: GENERAL PROVISIONS
Division 1: General
Sec. 1.101 Scope. The provisions of the Fire Code shall apply to and govern the following:
A. All persons;
B. All private or public building facilities, structures and their premises,
constructed before or after the effectivity hereof;
C. Design and installation of electrical system
D. Storage, handling or use of explosives and/or combustible, flammable, toxic
and other hazardous materials;
E. Fire safety construction
F. Fire protective and warning equipment or system
Sec. 1.102 General Safety Requirement for Building, structure or Facility
A. Fire Suppression Devices
B. Fire Safety Construction
C. Fire Protection and Warning System

Sec. 1.103 Required Fire Safety Programs


Sec. 1.104 Changes in Occupancy
Sec. 1.105 Definitions
Class A Fire Fire involving ordinary combustible materials such as wood, cloth,
paper, rubber and plastics
Class B Fire Fire in flammable liquids and gasses
Class C Fire Fire involving energized electrical equipment
Class D Fire Fire involving combustible metals, such as magnesium, sodium,
potassium, and other similar materials
Fire Exit Drill A practice drill for the orderly & safe evacuation of occupants in a
building
Fire Wall A wall designed to prevent the spread of fire, having a fire
resistance rating of not less than four hours with sufficient structural
stability.
Division 2: Enforcement and Administration
Sec. 1.201 Fire Safety Inspections
Sec. 1.202 Inspection Requirements
A. Construction, Renovation or Modification of Buildings, Structures or Facilities
B. Existing Buildings, Structures of Facility
C. Industrial, Commercial or Business Operation
Sec. 1.203 Periodic Inspection by Fire Safety Inspectors
Sec. 1.204 Orders, Notices and Tags
Sec. 1.205 Service of Orders and Notices
Sec. 1.206 Fire Safety Inspection Fees
Sec. 1.207 Grace Period
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Sec. 1.208 Fire Insurance Data Required


RULE 2: GENERAL PRECAUTIONS AGAINST FIRE
Division 1: Incinerators and Open Burning
Sec. 2.101 Bonfires and Outdoor Rubbish Fires
Sec. 2.102 Kindling of Fire on Land of Others Restricted
Sec. 2.103 Discarding Burning Objects Prohibited
Sec. 2.104 Hot Ashes and Other Dangerous Materials
Sec. 2.105 Types and Construction of Incinerators
Sec. 2.106 Location
Sec. 2.107 Maintenance
Sec. 2.108 Adjacent Area
Sec. 2.109 Use of Incinerator Restricted
Sec. 2.110 Chimney Spark Arrester
Sec. 2.111 Time of Burning
Sec. 2.112 Burning on Public Property
Sec. 2.113 Offensive Smoke and Odors
Division 2: Combustible and Flammable Materials
Sec. 2.201 Accumulation of Waste Materials
Sec. 2.202 Handling Readily Combustible Materials
Sec. 2.203 Storage of Readily Combustible Materials
Sec. 2.204 Flammable Decorative Materials
Sec. 2.205 Use of open Flame or Light Restricted
Division 3: Fire Reporting and False Alarms
Sec. 2.301 Reporting of Fires
Sec. 2.302 False Alarms
Division 4: Use of Equipment, Appliances, Devices and Vacant Buildings
Sec. 2.401 Toy Balloons
Sec. 2.402 Tracer Bullets and Similar Devices
Sec. 2.403 Asphalt Kettles
Sec. 2.404 Electrical Wiring and Other Devices
Sec. 2.405 Electrical Appliances or Devices
Sec. 2.406 Maintenance of Chimneys and Heating Appliances
Sec. 2.407 Trapdoors to be Closed
Sec. 2.408 Shaftways to be Marked
Sec. 2.409 Use of Torches or Flame-Producing Devices for Removing Paint
Sec. 2.410 Hazardous Warning Lights
Sec. 2.411 Open Flame Devices in Ports/ Wharves
Sec. 2.412 Vacating Premises
Sec. 2.413 Vacant Buildings
RULE 3: FIRE SAFETY IN BUILDINGS, STRUCTURES and FACILITIES
Division 1: Administration
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Sec. 3.101 Scope


Division 2: General
Sec. 3.201 Fundamental Requirements
Sec. 3.202 Construction and Repair Operations
A. New Construction
B. Repairs or Alteration:

Division 3: Classification of Occupancy and Hazard of Contents


Sec. 3.301 Classification of Occupancy
A. Assembly
B. Educational
C. Institutional
D. Residential
E. Mercantile
F. Business
G. Industrial
H. Storage
I. Mixed Occupancies
J. Miscellaneous
Sec. 3.302 Hazard of Content
A. General:
1. Hazard of contents shall be the relative danger of the start and spread of
fire, the generation of smoke or gases, the danger of explosion or other
occurrence potentially endangering the lives and safety of the occupants
due to the nature of the contents or processes or operations therein
2. Hazard of contents shall be determined by the Director General or his
duly authorized representative on the basis of the nature, character of the
content and the process or operations being conducted in the building.
3. Where different degrees of hazard of contents exist in different parts of
the building, the most hazardous condition shall be the basis of
classification, except such hazardous areas are segregated or protected
as specified in Section 3.505 and the applicable sections of Division 7
through 15.
B. Classification of Hazard of Contents:
1. The hazard of content of any building or structure shall be classified as
low, ordinary, or high.
2. Low hazard contents are those of such low combustibility that no self-
propagating fire therein can occur and that consequently the only
probable danger requiring the use of emergency exits will be from panic,
fumes or smoke or fire from some external source.
3. Ordinarily hazard contents are those which are liable to burn with
moderate rapidity or to give off a considerable volume of smoke, but from
which neither poisonous fumes nor explosions are likely to occur in case
of fire.
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4. High hazard contents are those which are liable to burn with extreme
rapidity or from which poisonous gases or explosions are to be expected
in the event of fire.
C. Special Provisions for High Hazard Content
Division 4: MEANS OF EGRESS
Sec. 3.401 General Provisions
A. Application
B. Permissible Exit Components
C. Protective Enclosure of Exits
D. Width and Capacity of means of Egress
E. Egress Capacity and Occupant Load
F. Arrangement of Exit
G. Exit Distance and Dead-End Limits
H. Measurement of Travel Distances to Exits
I. Access to Exits
J. Exterior Ways of Exits
K. Discharge from Exits
L. Headroom
M. Changes in Elevation
N. Interior Finish in Exits
O. Maintenance and Workmanship

Sec. 3.402 Doors


A. Application
B. Swing and Force to Open
C. Lock, Latches, Alarm Devices
D. Units of Exit Width
E. Width and Floor Level
F. Panic Hardware
G. Maintenance
H. Power-Operated Doors
I. Screen and Storm Doors
J. Revolving Doors
K. Turnstiles
L. Doors in Folding Partitions
Sec. 3.403 Interior Stairs and Smokeproof Tower
A. General
B. Classes of Stairs
C. Treads and Risers
D. Enclosure
E. Stair Details
F. Guards and Handrails
G. Smokeproof Tower
H. Monumental Stairs

Sec. 3.404 Outside Stairs


A. General
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B. Enclosures
Sec. 3.405 Horizontal Exits
A. Application
B. Egress form Area of Refuge
C. Bridges and Balconies
D. Openings through Walls for Horizontal Exits
E. Omission of Fire Partition on Certain Floors

Sec. 3.406 Ramps


A. Inside Ramps
B. Outside Ramps
Sec. 3.407 Exit Passageways
Sec. 3.408 Escalators and Moving Walks
Sec. 3.409 Fire Escape Stairs, Ladders and Slide Escapes
A. Fire Escape Stairs
B. Fire Escape Ladders
C. Slide Escape
Sec. 3.410 Illumination of Means of Egress
Sec. 3.411 Exit Making
A. Signs
B. Illumination of Signs

Division 5: MEANS OF EGRESS


Sec. 3.501 Protection of Vertical Opening and Combustible Concealed Spaces
Sec. 3.502 Interior Finish
Sec. 3.503 Protective Signaling Systems
Sec. 3.504 Automatic Sprinklers and Other Extinguishing Equipment
Sec. 3.505 Segregation and Protection of Hazards
Sec. 3.506 Smoke Partitions
Division 6: BUILDING SERVICE EQUIPMENT
Sec. 3.601 General
Sec. 3.602 Smoke Venting
Sec. 3.603 Rubbish Chutes, Laundry Chutes and Flue-Fed Incinerators
Sec. 3.604 Automatic Elevators
Elevators in buildings five storeys or more or below the ground level shall be
arranged for use by members of the Fire Service, unless exempt by the
Provisions Divisions 6 through 15.
Division 7: PLACES OF ASSEMBLIES
Sec. 3.701 General Requirements
Sec. 3.702 Outdoor Assembly
Sec. 3.703 Underground Structure and Windowless Buildings
Sec. 3.704 Special Provisions for Exhibitions Halls
Sec. 3.705 Existing Places of Assembly
Sec. 3.706 Projection Rooms for Safety Films
Division 8: EDUCATIONAL OCCUPANCIES
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Sec. 3.801 General Requirements


Sec. 3.802 Special Provisions for Flexible Plan and Open Plan Building
Sec. 3.803 Special Provisions for Kindergartens, etc.
Sec. 3.804 Underground and Windowless Educational Buildings
Sec. 3.805 Special Provisions for Combined Occupancies
Sec. 3.806 Existing Educational Buildings
Sec. 3.807 Child Day Care Centers
Sec. 3.808 Group Day Care Homes
Sec. 3.809 Family Child Day Care Homes
Division 9: INSTITUTIONAL OCCUPANCIES
Sec. 3.901 General Requirements
Sec. 3.902 New Hospital, Nursing Homes and Residential Custodial Care Occupancies
Sec. 3.903 Existing Hospital, Nursing Homes and Residential Custodial Care
Occupancies
Sec. 3.904 Penal Institutions
This part covers residential-restrained care institutions such as jails, panel
institutions, reformatories, prisons, and correctional institutions.
Division 10: RESIDENTIAL OCCUPANCIES
Sec. 3.1001 Classifications
A. Hotels
B. Apartment Buildings
C. Dormitories
D. Lodging or Rooming Houses
E. Single and Two Family Dwellings

Sec. 3.1002 General Requirements


Sec. 3.1003 Hotels
Sec. 3.1004 Apartment Buildings
Sec. 3.1005 Dormitories
Sec. 3.1006 Lodging or Rooming Houses
Sec. 3.1007 Single-and-Two Family Dwellings
Division 11: MERCANTILE OCCUPANCIES
Sec. 3.1101 General Requirements
Sec. 3.1102 Exit Details
Sec. 3.1103 Protection
Sec. 3.1104 Building Service Equipment
Sec. 3.1105 Special Provisions
Division 12: BUSINESS OCCUPANCIES
Sec. 3.1201 General Requirements
Sec. 3.1202 Exit Details
Sec. 3.1203 Protection
Sec. 3.1204 Building Service Equipment
Sec. 3.1205 Combined Business and Mercantile Occupancy
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Sec. 3.1206 High Rise Buildings


Division 13: INDUSTRIAL OCCUPANCIES
Sec. 3.1301 General Requirements
Sec. 3.1302 General Industrial Occupancies
Sec. 3.1303 Special Purpose Industrial Occupancy
Sec. 3.1304 High Hazard Industrial Occupancy
Sec. 3.1305 Open Industrial Structures
Division 14: STORAGE OCCUPANCIES
Sec. 3.1401 General Storage Occupancies
Sec. 3.1402 Special Provisions for Garages
Sec. 3.1403 Special Provisions for Aircraft Hangars
Sec. 3.1404 Special Provisions for Grain Elevators
Division 15: MISCELLANEOUS STRUCTURE
Sec. 3.1501 Towers
Sec. 3.1502 Piers and Water-Surrounded Structure
Sec. 3.1503 Vehicle and Vessels
Sec. 3.1504 Underground Structures and Windowless Building
Division 16: OPERATING FEATURES
Sec. 3.1601 General
A. Fire Exit Drills
B. Furnishing and Decorations
C. Automatic Fire Suppression Systems
D. Alarm and Fire Detection Systems
E. Fire Retardant Paints
F. Recognition of Means of Egress
Sec. 3.1602 Places of Assembly
Sec. 3.1603 Educational Occupancies
Sec. 3.1604 Institutional Occupancies
Sec. 3.1605 Residential Occupancies
Sec. 3.1606 Mercantile Occupancies
Sec. 3.1607 Business Occupancies
Sec. 3.1608 Industrial Occupancies
RULE 4: MIANTENANCE OF EXIT WAYS
Sec. 4.101 Scope
Sec. 4.102 Exit Obstruction
A. Obstruction
B. Overcrowding
C. Aisles
D. Fire escapes
E. Storage of Materials
Sec. 4.103 Doors
Sec. 4.104 Corridor and Exterior Exit Balconies
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A. General
B. Width
C. Height
D. Access to Exits
E. Fire Resistance
Sec. 4.105 Stairways
A. General
B. Width
C. Landings
D. Headroom
E. Storage
Sec. 4.106 Ramps
A. General
B. Width
C. Slope
D. Handrails
E. Surface
Sec. 4.107 Horizontal Exits
Sec. 4.108 Exit Enclosures
A. General
B. Extent of Enclosure
C. Openings into Enclosures
D. Barrier
E. Use of Space under Stairs
Sec. 4.109 Smokeproof Enclosures
A. General
B. Outlet
C. Barrier
D. Access
E. Ventilation
F. Mechanical Ventilation
Sec. 4.110 Exit Courts
A. General
B. Width
C. Openings
Sec. 4.111 Exit Passageway
Sec. 4.112 Signs and Illumination
A. Exit Illumination
B. Exit Signs
C. Illumination of Signs

RULE 5: PLACES OF ASSEMBLY


Division 1: General
Sec. 5.101 Decorative Material
Sec. 5.102 Pyroxylin Coated Fabric
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Sec. 5.103 Motion Picture Screens, Stage Curtains and Drapes


Sec. 5.104 Exit Doors
Sec. 5.105 Aisles
Sec. 5.106 Use of Exit Ways
Sec. 5.107 Ash Trays
Sec. 5.108 Fire Appliances
Sec. 5.109 Plan of Exit Ways and Aisles
Sec. 5.110 Marking and Lighting of Exits
Sec. 5.111 Overcrowding
Sec. 5.112 Open Flame
Sec. 5.113 Standby Firemen
Sec. 5.114 Permit Required for Use of Candles and Open Flames
Sec. 5.115 Detailed Requirements for the Use of Candles
Division 2: Reviewing Stands, Grandstands, and Bleachers
Sec. 5.201 General
Sec. 5.202 Exits
Sec. 5.203 Safe Dispersal Areas
RULE 6: FIRE PROTECTION APPLIANCES
Division 1: Installation and Maintenance
Sec. 6.101 Installation
Sec. 6.102 Removal
Sec. 6.103 Maintenance
Sec. 6.104 Foam Fire Protection Required
Sec. 6.105 Vaporizing Liquid Extinguishers
Sec. 6.105 Vaporizing Liquid Extinguishers
Sec. 6.106 Sale of Sub-Standard or Defective Fire Extinguishers
Sec. 6.107 Fire Extinguishing Equipment in Parking Stations
Sec. 6.108 General
Sec. 6.109 Detailed Installation Requirement
Sec. 6.110 Dry Standpipe
Sec. 6.111 Wet Standpipe
Sec. 6.112 Combination Standpipes
Sec. 6.113 Building under Construction
Sec. 6.114 Basement Pipe Inlets
RULE 7: SUPPRESION CONTROL OF HAZARDOUS FIRE AREAS
Sec. 7.101 Intent
Sec. 7.102 Authority to Stipulate Permit Conditions
Sec. 7.103 Restricted Entry
Sec. 7.104 Trespassing on Posted Property Prohibited
Sec. 7.105 Smoking Prohibited
Sec. 7.106 Spark Arresters Required
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Sec. 7.107 Tracer Bullets, Tracer Charges, Rockets and Model Aircraft Prohibited
Sec. 7.108 Explosives and Blasting
Sec. 7.109 Fireworks Prohibited
Sec. 7.110 Apiares
Sec. 7.111 Open Flame Devices
Sec. 7.112 Outdoor Fires
Sec. 7.113 Incinerator and Fireplaces
Sec. 7.114 Clearance of Brush or Vegetative Growth from Electrical Transmission
Lines
Sec. 7.115 Clearance of Brush or Vegetative Growth from Structure
Sec. 7.116 Clearance of Brush or Vegetative Growth from Roadways
Sec. 7.117 Illegal Dumping
Sec. 7.118 Disposal of Ashes
Sec. 7.119 Illegal Use of Fire Roads and Firebreaks
Sec. 7.120 Use of Motorcycles, Motor Scooters, and Motor Vehicles
Sec. 7.121 Tampering with Department Locks, Barricades, Signs of Fire Service
Sec. 7.122 Liability for Damage
RULE 8: SMOKING
Sec. 8.101 Designated Areas Where Smoking Shall be Prohibited
Sec. 8.102 Smoking
Sec. 8.103 “No Smoking” Sign
RULE 9: COMPANY AND COMMUNITY VOLUNTEER FIRE BRIGADES
Sec. 9.101 Organization
Sec. 9.102 Nature of Required Organization
Sec. 9.103 Fire Brigade or Brigades
Sec. 9.104 Components
Sec. 9.105 Fire Brigade Chief’s Responsibilities
Sec. 9.106 Personnel
Sec. 9.107 Qualification of Membership in the Brigade
Sec. 9.108 Availability of Personnel
Sec. 9.109 Physical Requirement
Sec. 9.110 Identification
Sec. 9.111 Training Schedule
Sec. 9.112 Scope of Training
Sec. 9.113 Updating of Training Programs
Sec. 9.114 Assistance in Training Programs
Sec. 9.115 Training Facilities
Sec. 9.116 Practice Drills
Sec. 9.117 Operation of Equipment
Sec. 9.118 Control of Drills
Sec. 9.119 Reactivation of Equipment
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Sec. 9.120 Inspection and Schedules Maintenance Work


Sec. 9.121 Inspection and Service Personnel
Sec. 9.122 Equipment Check List
Sec. 9.123 Equipment Storage
Sec. 9.124 List of Available Equipment
RULE 10: AIRPORT, HELIPORT AND HELISTOPS
Division 1: General
Division 2: Refueller Units
Division 3: Helistops
RULE 11: AUTOMOBILE TIRE REBUILDING PLANTS
Sec.11.101 General
Sec.11.102 Construction and Protection Requirements
Sec.11.103 Dust Collecting Systems
Sec.11.104 Ventilation
Sec.11.105 Use and Storage
RULE 12: AUTOMOBILE WRECKING YARDS, JUNK YARDS OR WASTE MATERIAL HANDLING PLANTS
Sec.12.101 General
Sec.12.102 Storage
Sec.12.103 Burning Operations
Sec.12.104 Picking Rooms
Sec.12.105 Welding and Cutting
Sec.12.106 Access to Area
RULE 13: BOWLING ALLEYS
Sec.13.101 General
Sec.13.102 Alley Resurfacing and Refinishing
Sec.13.103 Pin Refinishing
RULE 14: CELLULOSE NITRATE PLASTICS (PYROXYLIN)
Sec.14.101 Display of Plastics
Sec.14.102 Storage and Handling
Sec.14.103 Fire Protection Equipment
Sec.14.104 Heating Equipment
RULE 15: COMBUSTIBLE FIBERS STORAGE AND HANDLING
Sec.15.101 Loose Storage
Sec.15.102 Baled Storage
Sec.15.103 Storage of Agricultural Products
Sec.15.104 Dust Collecting System
Sec.15.105 Flash or Spark Suppressors
RULE 16: HIGH PILED COMBUSTIBLE STOCK
Sec.16.101 Scope
Sec.16.102 Definitions
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Sec.16.103 Classification of Content


Sec.16.104 Permit
Sec.16.105 Sprinkler Systems
Sec.16.106 Roof Vents and Venting Ratios
Sec.16.107 Draft Curtains
Sec.16.108 Aisles
Sec.16.109 Access to Buildings
RULE 17: COMPRESSED GASSES
Sec.17.101 Storage Containers
Sec.17.102 Cylinder Systems for Flammable Anesthetic and Non-Flammable Medical
Gases
Sec.17.103 Pipe Distribution Systems for Non-Flammable Medical Gases
Sec.17.104 Bulk Oxygen Systems Installed at Industrial and Institutional Consumer
Sites
Sec.17.105 Storage and Use of Cylinders
Sec.16.106 Roof Vents and Venting Ratios
Sec.16.107 Draft Curtains
Sec.16.108 Aisles
Sec.16.109 Access to Buildings
RULE 18: CRYOGENIC FLUIDS
Division 1: General
Division 2: Containers
Division 3: Storage
Division 4: Piping, Process and Accessory Equipment at Manufacturing Facilities and Consumer
Sites
Division 5: Transportation
RULE 19: DUST EXPLOSION, PREVENTION OF
Sec.19.101 Definition
The term “dust” as used in this Rule shall mean dust which, if mixed with air in the
proper proportion, becomes explosive and may be ignited by a flame or spark or
other source of ignition.
Sec.19.102 Permit Required
Sec.19.103 General Requirements
RULE 20: EXPLOSIVES, AMMUNITION AND BLASTING AGENTS
Division 1: General
Division 2: Storage
Division 3: Use, Handling and Transportation
RULE 21: FIREWORKS
Sec.21.101 Definition
Sec.21.102 Manufacture, Sale and Discharge
Sec.21.103 Bond for Fireworks Display Required
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Sec.21.104 Disposal of Unfired Fireworks


Sec.21.105 Exception
Sec.21.106 Seizure of Fireworks
RULE 22: APPLICATION OF FLAMMABLE FINISHES
Division 1: General Provisions
Division 2: Spray Finishing
Division 3: Dip Tanks
Division 4: Electrostatic Apparatus
Division 5: Automobile Undercoating
Division 6: Powder Coating
Division 7: Organic Peroxides and Dual Component Coating
Division 8: Spray Finishing
Division 9: Dip Tanks
RULE 23: FLAMMABLE AND COMBUSTIBLE LIQUIDS
Division 1: General Provisions
Division 2: Tank Storage, Bulk Storage above Ground
Division 3: Piping, Valves and Fittings
Division 4: Container and Portable Tank Storage
Division 5: Industrial Establishments
Division 6: Bulk Plants
Division 7: Service Stations
Division 8: Processing Plants
Division 9: Refineries, Chemical Plants and Distilleries
Division 10: Crude Oil Production
Division 11: Tank Vehicles for Flammable and Combustible Liquids
Division 12: Dry Cleaning Plants
RULE 24: FRUIT RIPENING PROCESS
RULE 25: FUMIGATION AND THERMAL INSECTICIDAL FOGGING
RULE 26: GARAGE AND AUTOMOBILE REPAIR SHOP
RULE 27: HAZARDOUS MATERIALS AND CHEMICALS
RULE 28: LIQUIFIED PETROLEUM GASES
Division 1: Bulk Storage and Handling
RULE 29: LUMBER YARDS AND WOODWORKING PLANTS
RULE 30: MAGNESIUM
RULE 31: MATCHES
RULE 32: MECHANICAL REFRIGERATIN AND EQUIPMENT
RULE 33: MOTION PICTURE PROJECTION
RULE 34: OIL BURNING EQUIPMENT
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RULE 35: ORGANIC COATINGS


RULE 36: OVENS, INDUSTRIAL BAKING AND DRYING
RULE 37: FIRE EXTINGUISHER
Sec.37.101 Definitions
Sec.37.102 Manufacture, Sale or Servicing
Sec.37.103 Standard for Manufacture
Sec.37.104 Prohibited Types of Extinguishers
The following types of fire extinguishers are prohibited for manufacture or sale:
A. All inverting types which make it necessary to invert the container before the
extinguisher’s operation;
B. Soda-acid extinguishers;
C. Stored pressured or cartridge operated foam solution, unless an air-aspirating
nozzle is provided;
D. Vaporizing liquid extinguishers using carbon tetrachloride or
chlorobromomethene in any concentration or formulation;
E. Vaporizing liquid extinguishers of less than one (1) kilogram extinguishing
agent;
F. Glass bulb, “grenade” –type; “bomb” type of vaporizing liquid extinguishers
which have to be thrown to the fire or are mounted on specific location and
which operate upon the melting of a fusible link; and
G. Thermatic special hazard single station extinguishers with extinguishing
capability of less than four and a half (4.5) cubic meters.
H. Other types which may hereinafter be prohibited.
Sec.37.105 Qualifications of Salesmen and Technicians
Sec.37.106 Marking Required on Fire Extinguishers
Sec.37.107 Tagging of Serviced Fire Extinguishers
Sec.37.108 Prohibited Acts
RULE 38: SAFEGUARDING BUILDING CONSTRUCTION AND DEMOLITION OPERATIONS
Division 1: Temporary Construction and Equipment
Division 2: Construction Processes and Hazards
Sec.38.201 Cutting and Welding Operations
Sec.38.202 Smoking
Sec.38.203 Trash Disposal
Sec.38.204 Flammable Liquids
Division 3: Utilities
Division 4: Fire Protection
RULE 39: WELDING AND CUTTING
RULE 40: HIGH RISE BUILDINGS
RULE 41: ADMINISTRATIVE COURSES OF ACTION
RULE 42: ACTIONS ON VIOLATIONS
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RULE 43: MISCELLANEOUS PROVISIONS


Sec.43.101 Appeal
Sec.43.102 Citizen Participation
Sec.43.103 Implementing Details
Sec.43.104 Discretionary Powers of the Director General
Sec.43.105 Effectivity
These Implementing Rules and Regulations shall take effect thirty (30) days after
publication of the last installment in a newspaper of general circulation.
Done in Quezon City, this 20th day of March 1978.

(SGD.) FIDEL V. RAMOS


Major General, AFP
Chief of Constabulary, and
Director General
Integrated National Police
Approved by:

(SGD.) JUAN PONCE ENRILE


Secretary

March 25, 1978


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IRR of BP 344
“AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONS
BY REQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTS AND PUBLIC UTILITIES
TO INSTALL FACILITIES AND OTHER DEVICES.”

Joint Promulgated By:


The Department of Public Works and Highways Port Area, Manila
The Department of Transportations and Communications Pasig, Metro Manila
in coordination with:
The National Council for the Welfare of Disabled Persons
(Accessibility Sector on the Magna Carta for Disabled Person) Diliman, Quezon City

RULE I – SCOPE AND APPLICATION

1. Purpose:
The Rules and regulations set forth herein provide for minimum requirements and standards to make buildings,
facilities and utilities for public use accessible to disabled persons, pursuant to the objectives of Batas Pambansa
Bilang 344, An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions,
Establishments and Public Utilities to Install Facilities and Other Devices.

2. Definition of Terms:
For the purpose of these Rules and Regulations, the words, terms and phrases enumerated in Annex A hereof shall
have the meaning as provided therein.

3. Scope:
The provisions of these Rules and Regulations shall apply to the following:

3.1 Public and private buildings and related structures for public use and which shall be constructed repaired or
renovated.
3.2 Streets and highways and public utilities
3.2.1 Streets and highways
3.2.2 Public transport vehicles which shall include:
a). Passenger buses and jeepneys
b). Passengers trains, including those of the Light Rail Transit Authority (LRTA)
c). Domestic inter-island vessels
d). Domestic aircraft of air carriers
3.2.3 Public Telephones
3.3 Public transport terminals including those of LRTA

4. Application:

4.1 Public and private buildings and related structures for public use.
No permit for the construction, repair or renovation of public and private buildings and related structures for
public use, whether owned or leased, shall be granted or issued, unless the owner thereof shall have
provided in the places and specifications submitted for approval barrier-free facilities and accessibility
features as provided in these Rules and in accordance with the followings criteria:
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4.1.1 Building and related structures to be constructed


a). At the space where the primary function is served and where facilities and ingress/egress of the building
or structure are located, as to make such space accessible to the disabled persons; provided, however, that
where the primary function can be served at the ingress level and where such level is provided with facilities,
requirements for accessibility at other levels may be waived.
b). Ten percent (10%) of the total number of units of government-owned living accommodations shall be
accessible and fully usable by the disabled persons with any fractional part in excess of one-half (1/2) in the
computation thereof, to be considered as one unit; for privately-owned living accommodations the number of
accessible units shall be as provided in Section 3 of Rule III thereof.
c). Ingress/egress from the street to the building or structure shall be made accessible.
d). Accessible slots in parking areas shall be located as near as possible to ingress/egress spaces of the
building or structure.
4.1.2 Building and related structures to be repaired or renovated including those proposed for a change of
occupancy – If feasible , barrier-free facilities and accessibility and accessibility features shall be provided
in accordance with the requirements under Subsection 4.1.1 (1), (c ) and (d): feasibility of incorporation of
barrier-free facilities and accessibility features shall be determined from all the following conditions:
a). When the repair or renovation work is to be done in the space where the primary function is served;
b). When the facilities can be made accessible at any other level which is accessible by means of an elevator
with a minimum width of 800 mm;
c). When the space allotted for the primary function will not be diminished by more than ten percent (10%) of
its original area;
d). When the capacity or strength of any major structural component, such as slabs, beams, girders,
columns, bearing walls and footing of the building or structure will not be diminished;
e). When the cost (exclusive of the exception provided below) of such repair or renovation work is in excess
of twenty percent (20%) of the total cost of the building or structure, based upon the computation of permit
fees as provided under Rule III of the Implementing Rules and Regulations promulgated pursuant to P.D.
1096 entitled: The National Building Code of the Philippines;
f). When there is no legal constraint which would not allow compliance with these regulations:
EXCEPTION: Repair or renovation work which consists only of heating, ventilating and air conditioning
systems, including those which may be required only with respect to fire panic and explosion safety for
existing spaces, shall not be subject to the requirements for barrier-free facilities and accessibility features.
4.2.1 Streets, highways and transport related structures to be constructed – Streets, highways and transport
related structures shall be provided with the following barrier-free facilities and accessibility features at every
pedestrian crossing: ramps and other accessible features in buildings of the Sectoral offices and attached
agencies of DOTC; transportation terminals and passenger waiting areas for use of disabled person;
a) Cut-out curbs and accessible ramps at the sidewalks.
b) Audio-visual aids for crossing
EXCEPTION: Requirements for accessibility at pedestrian grade separations or overpasses and
underpasses may be waived.
4.2.2 Existing streets and highways to be repaired and renovated the accessibility requirements shall be
provided where the portion of existing streets and highways to be repaired or renovated includes part or the
entire pedestrian crossing.
4.2.3 Transport vehicles for public use
a) No license or franchise for the operation of public buses, passenger boats, ships and domestic airplanes
shall be granted or issued unless the owner or operator thereof shall have provided and designated the
number of seats and shall have placed audio-visual aids.
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b) Government instrumentalities operating passenger trains including the Light Rail Transit Authority shall
have provided the number of seats for disabled persons.
c) Government instrumentalities operating passenger airplanes shall provide and designate the number of
seats for disabled persons and shall likewise place the audio-visual aids
4.2.4 Existing Public Transport Vehicles – The minimum accessibility requirements shall apply to all existing
units of public transport vehicles, and including those units, which are to be repaired and renovated.
4.2.5 Public Telephones – At least one unit of public telephones for every four (4) units shall be accessible to
disabled persons and shall be provided with visual aids required, provided that if only (1) public telephone is
to be installed in a particular place the same shall be accessible to disabled persons.
4.2.6 Public Transport Terminals – The criteria and accessibility requirements, provided for public and private
buildings and related structures for public use shall apply to public transport terminals.

5. Special Standards of Accessibility:


Where the requirements for accessibility in the Rules will create an unreasonable hardship in design/construction,
special standards of accessibility through the use of other methods and/or materials shall be allowed if better facilities
can be provided subject to the approval of the National Council for the Welfare of Disabled Persons..

RULE II – MINIMUM REQUIREMENTS FOR ACCESSIBILITY

1. Design Criteria:
1.1 CATEGORIES OF DISABLED PERSONS. The categories of disability dictate the varied measures to be
adopted in order to create an accessible environment for the handicapped. Disabled persons under these
Rules may be classified into those who have:
1.1.1 Impairments requiring confinement to wheelchairs; or
1.1.2 Impairments causing difficulty or insecurity in walking or climbing stairs or requiring the use of braces,
crutches or other artificial supports; or impairments caused by amputation, arthritis, spastic conditions or
pulmonary, cardiac or other ills rendering individuals semi-ambulatory; or
1.1.3 Total or partial impairments of hearing or sight causing insecurity or like hood of exposure to danger in
public places; or
1.1.4 Impairments due to conditions of aging and in coordination;
1.1.5 Mental impairments whether acquired or congenital in nature.
1.2 ANTHROPOMETRICS AND DIMENSIONAL DATA AS GUIDES FOR DESIGN.
The minimum and maximum dimensions for spaces in the built environment should consider the following criteria:
1.2.1 The varying sizes and statures of persons of both sexes, their reaches and their lines of sight at both
the standing and sitting positions.
1.2.2 The dimensional data of the technical aids of disabled persons. Included in the second consideration
are the dimensions of wheelchairs; the minimum spaces needed for locking and unlocking leg braces plus
the range of the distance of crutches and other walking aids from persons using such devices. By applying at
this very early stage dimensional criteria which take into account wheelchair usage, the physical environment
will ultimately encouraged and enable wheelchair users to make full use of their physical surroundings.
1.2.3 The provision of adequate space for wheelchair maneuvering generally insures adequate space for
disabled persons equipped with other technical aids or accompanied by assistants. In determining the
minimum dimensions for furniture and fixtures accessible to disabled persons, the following anthropometrics
data shall serve as guides for design: The length of wheelchairs varies from 1.10 m to 1.30 m . The width of
wheelchairs is from 0.60 m to 0.75 m. A circle of 1.50 m in diameter is a suitable guide in the planning of
wheelchair turning spaces. The comfortable reach of persons confined to wheelchairs is from 0.70 m to 1.20
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m above the floor and not less than 0.40 m from room corners. The comfortable clearance for knee and leg
space under tables for wheelchair users is 0.70 m. Counter height shall be placed at a level comfortable to
disabled persons’ reach.

1.3 BASIC PHYSICAL PLANNING REQUIREMENTS. No group of people shall be deprived of full participation and
enjoyment of the environment or be made unequal with the rest due to any disability. In order to achieve this goal
adopted by the United Nations, certain basic principles shall be applied:
1.3.1 ACCESSIBILITY. The built environment shall be designed so that it shall be accessible to all people.
This means that no criteria shall impede the use of facilities by either the handicapped or nondisabled
citizens.
1.3.2 REACHABILITY. Provisions shall be adapted and introduced to the physical environment so that as
many places or buildings as possible can be reached by all.
1.3.3 USABILITY. The built environment shall be designed so that all persons, whether they be disabled or
not, may use and enjoy it.
1.3.4 ORIENTATION. Finding a person’s way inside and outside of a building or open space shall be
made easy for everyone.
1.3.5 SAFETY. Designing for safety insures that people shall be able to move about with less hazards to life
and health.
1.3.6 WORK ABILITY AND EFFICIENCY. The built environment shall be designed to allow the disabled
citizens to participate and contribute to developmental goals

RULE III – SPECIFIC REQUIREMENTS FOR BUILDINGS AND RELATED STRUCTURES FOR PUBLIC USE

1. CLASSIFICATION OF BUILDING BY USE OF OCCUPANCY:


1.1 Occupancy classified by categories enumerated in Section 710 of the National Building Code (PD 1096)
are hereby adapted
1.1.1 Category I – Residential – This shall comprise Group A and partly Group b Buildings
1.1.2 Category II – Commercial and Industrial – This shall comprise partly Groups B, C, E, F, G, H, AND
I Buildings
1.1.3 Category III – Educational and Industrial – This shall comprise partly Group C, D, E, and H
Buildings
1.1.4 Category IV – Agriculture – This shall comprise partly Group J Buildings.
1.1.5 Category V – Ancillary – This shall comprise partly Group J Buildings.

2. ARCHITECTURAL FEATURES AND FACILITIES: Where the following features and facilities are: architectural
design requirements in accordance with generally accepted architectural practice, the same include the
corresponding graphic signs.
2.1 Architectural facilities and features:
2.1.1 A – Stairs
2.1.2 B – Walkways
2.1.3 C – Corridors
2.1.4 D – Doors and Entrance
2.1.5 E – Washrooms and Toilets
2.1.6 F – Lifts/Elevator
2.1.7 G – Ramps
2.1.8 H – Parking Areas
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2.1.9 I – Switches, Controls, Buzzers


2.1.10 J – Handrails
2.1.11 K – Thresholds
2.1.12 L – Floor Finishes
2.1.13 M – Drinking Fountains
2.1.14 N – Public Telephones
2.1.15 O – Seating Accommodations

3. CATEGORY I The following requirements shall only apply to government-owned building:


3.1 Group A
3.1.1 Single detached. Ten percent (10%) of the total units to be constructed. Barrier-free facilities and
features required in: A, B, C, D, E, G, H, I, J, K, and L.
3.1.2 Duplexes: Ten percent (10%) of the total units to be constructed. Barrier-free facilities and features
required in: A, B, C, D, E, G, H, I, J, K, and L.
3.1.3 School or company staff housing units: One (1) unit for 26 to 50 units to be constructed and 1 additional
unit for every 100 units thereafter. Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K,
and M.

4. Category II The following requirement shall apply to both government and privately owned buildings.
4.1 Group B
4.1.1 Accessories, tenement houses and/or row houses, apartment houses and/or town houses. One (1) unit
for every 50 units up to 150 units and an additional unit for every 100 units thereafter. Barrier-free facilities
and features required in: A, B, C, D, E, G, H, I, J, K, and L.
4.1.2 Hotels, motels, inns, pension houses and/or apartels. One (1) unit per every 50 units up to 150 units
and additional unit for every 100 units at ingress level. In case there is no barrier-free elevators: at least one
(1) unit shall be provided at ingress level. Barrier-free facilities and features required in: A, B, C, D, E, F, G,
H, I, J, K, L, M, and N.
4.1.3 Private or off campus Dormitories: One (1) unit per every 50 unit up to150 units and additional dwelling
unit for every 100 units thereafter at ingress level. Barrier-free facilities and features required in: A, B, C, D,
E, G, H, I, J, K, L, M, and N.
4.2 Group C
4.2.1 Amusement Halls and Parlor Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J,
K, L, M, N, and O.
4.2.2 Massage and Sauna Parlors Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K,
L, and M.
4.3 Group E-1
4.3.1 Train Stations and Terminals Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J,
K, L, M, N, and O.
4.3.2 Bus depots and Terminals Barrier-free facilities required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and
O.
4.3.3 Transportation Office Barrier-free facilities required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.3.4 Airport terminal buildings, heliports Barrier-free facilities required in A, B, C, D, E, F, G, H, I, J, K, L, M,
N, and O.
4.3.5 Ports and harbor facilities, landing piers, sheds, ferry landing stations Barrier-free facilities required in
A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.4 Group E-2
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4.4.1 General wholesale and retail stores Barrier-free facilities and features required in A, B, C, D, E, F, G, H,
I, J, K, L, and N.
4.4.2 Shopping centers and supermarkets and public markets Barrier-free facilities and features required in
A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.3 Restaurants, dining and drinking establishments Barrier-free facilities and features required in A, B, C,
D, E, F, G, H, I, J, K, L, and N.
4.4.4 Office buildings Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.5 Financial Institutions Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and
N.
4.4.6 Funeral parlors, morgues and crematories Barrier-free facilities and features required in A, B, C, D, E,
F, G, H, I, J, K, L, M, N, and O.
4.4.7 Memorial and Mortuary Chapels Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I,
J, K, L, M, N, and O.
4.5 Group H-I, Group H-4, and Group I
4.5.1 Theaters, Auditoriums and Convention Halls Barrier-free facilities and features required in: A, B, C, D,
E, G, H, J, K, L, M, N, and O.
4.5.2 Concert Halls and Opera Houses Barrier-free facilities and features required in: A, B, C, D, E, G, H, J,
K, L, M, N, and O
4.5.3 Colisea and Sports Complex and Stadiums Barrier-free facilities and features required in: A, B, C, D, E,
G, H, J, K, L, M, N, and O
4.6 Group F
4.6.1 Dairies and Creameries Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L,
and M.
4.6.2 Factories and workshops using incombustible or non-explosive materials Barrier-free facilities and
features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
4.6.3 Breweries bottling plants, canneries and tanneries Barrier-free facilities and features required in: A, B,
C, D, E, G, H, I, J, K, L, and M.
4.7 Groups G-3
4.7.1 Wood working establishments, lumber and timber yards. Barrier-free facilities and features required in:
A, B, C, D, E, G, H, I, J, L, L, and M.
4.7.2 Pulp, paper and paper board factories Barrier-free facilities and features required in: A, B, C, D, E, G,
H, I, J, L, L, and M.
4.7.3 Textile and fiber spinning mills Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, L,
L, and M.
4.7.4 Garment and undergarment factories Barrier-free facilities and features required in: A, B, C, D, E, G, H,
I, J, L, L, and M.

5. CATEGORY III
5.1 Group C
5.1.1 Educational institutions (schools, colleges, universities, vocational schools, seminaries and novitiates),
including school auditoriums, gymnasia, reviewing stands, little theaters and concert halls. Barrier-free
facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
5.1.2 Libraries, museums, exhibition halls and art galleries Barrier-free facilities and features required in: A,
B, C, D, E, G, H, J, K, L, M, N, and O.
5.1.3 Civil Centers Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
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5.1.4 Clubhouses lodges Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and
O.
5.2 Group D-I
5.2.1 Mental hospitals, mental sanitaria, mental asylums Barrier-free facilities and features required in: A, B,
C, D, E, G, H, I, J, K, L, and M.
5.2.2 Jails, prison, reformatories, correctional institutions Barrier-free facilities and features required in: A, B,
C, D, E, G, H, I, J, K, L, and M
5.2.3 Rehabilitation Centers Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and
M
5.2.4 Leprosaria Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M
5.3 Group D-2
5.3.1 Homes for the Aged Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M
5.3.2 Hospitals and Sanitaria Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and
M
5.4 Group D-3
5.4.1 Nursing Homes for ambulatory patients Barrier-free facilities and features required in: A, B, C, D, E, G,
H, I, J, K, L, and M
5.4.2 Orphanages Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M
5.5 Group E-7
5.5.1 Police and fire stations Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and
M
5.6 Group H
5.6.1 Churches, temples, chapels and similar places of worship Barrier-free facilities and features required in:
A, B, C, D, E, G, H, I, J, K, L, M, and O.

6. CATEGORY IV
6.1.1 Agricultural buildings Barrier-free facilities and features required in: A, B, C, D, G, H, I, J, K, and L.

7. STANDARD OF ACCESSIBILITY FOR SPECIAL TYPE OF FACILITIES


7.1 The provision of this section shall apply to the specified type of facilities and identified specific
requirements for accessibility and usability which shall be provided for each of the listed occupancy uses.
a) Seating for the disabled shall be accessible from the main lobby to primary entrances, together with
related toilet facilities.
b) In all assembly places where seating accommodation is provided, there shall be spaces for the disabled
persons as provided. Seating Capacity Wheelchair Seating Space
4 – 50 2
51 – 300 4
301 – 500 6
c) When the seating capacity exceeds 500 an additional wheelchair seating space shall be provided for each
total seating capacity increase of 100 seats.
d) Readily removable seats may be installed in these spaces when such spaces are not required to
accommodate wheelchair users.

8. COMPUTATION OF ACCESSIBLE UNITS


In the computation for the allocation of accessible units and seating capacity decimal greater than 0.5 shall be
considered as one unit. In all cases a minimum of one (1) accessible unit shall be provided.
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9. APPLICATION OF BARRIER-FREE FACILITIES AND FEATURES


9.1 Graphic signs shall be bold and conspicuously installed in every access from point of entry to connecting
destination.
9.2 Walkways shall be provided with adequate passageway in accordance with provision.
9.3 Width of corridors and circulation system integrating both and vertical access to ingress/egress level of
the building shall be provided.
9.4 Doors and entrances provided herein used as entry points at entrance lobbies as local points of
congregation shall be designed to open easily or accessible from floor or to any point of destination.
9.5 Washroom and toilets shall be accessible and provided with adequate turning space.
9.6 Whenever elevator/s is required it should meet the requirements provide.
9.7 Ramps shall be provided as means of access to level of change going to entry points and entrances,
lobbies influenced by condition of location or use.
9.8 Parking areas shall be provided with sufficient space for the disabled persons to allow easy transfer from
car park to ingress/egress levels.
9.9 Height above the floor or switches and controls shall be in accordance with the provisions.
9.10 Handrails shall be provided at both sides of ramps.
9.11 Floors provided for every route of the wheelchair shall be made of nonskid material.
9.12 Water fountains shall be installed as required. (Refer to Appendix A for the illustrations of Rules II and III
complementing Rule II of the previous implementing rules and regulations).

RULE IV REQUIREMENTS FOR PUBLIC TRANSPORTATION

1. Classification of public conveyances by mode of transport shall be as follow:


1.1 Land Transportation – This shall refer to buses having a minimum seating capacity of 50 persons for
regular buses and 40 persons for airconditioned buses. This shall include regular city buses, regular
provincial buses, air-conditioned by city buses (Love Bus and Pag-ibig Bus) and air conditioned tourist and
provincial buses.
1.2 Rail Transportation – This shall refer to the three railways systems in the country, the Philippine National
Railways (PNR) operating in Luzon, the Panay Railways Corporation (PRC) operating in the island of Panay
and the Light Rail Transit Authority (LRTA) operating in Metro Manila.
1.3 Water Transportation – This shall refer to domestic passenger ships, ferryboats and other water
transportation vessels.
1.4 Air Transportation – This shall refer to the domestic passenger airplanes.

2. No franchise or permit to operate public transportation units shall be granted issued or renewed unless such units
are constructed or renovated in accordance with the requirements.

3. If feasible, all owners or operators of existing public transport utilities shall modify or renovate their units to
accommodate disabled persons.

4. The construction or renovation of public transport utilities covered by these rules shall be subject to compliance
with the body designs and specifications as provided under existing rules and regulations.

5. Posters or stickers shall be conspicuously displayed inside the units.


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6. Public transportation shall have designated seats for disabled persons.


6.1 Regular buses shall have at least five (5) designated seats for disabled persons near exit/entrance doors.
6.2 First class, premiere and air-conditioned buses shall have at least four (4) designated seats for disabled
persons near the door.
6.3 Passenger trains shall have at least six (6) designated seats per car for disabled persons nearest to the
door.
6.4 Passenger airplanes shall have at least two (2) designated seats for disabled persons near the front
exit/entrance door on a per aircraft-type basis.
6.5 For regular and air-conditioned city buses, other passengers may use these designated seats if not
occupied and yield them to incoming disabled persons whenever the occasion arises.
6.6 For provincial buses, regular and air-conditioned buses, passenger trains and airplanes, the designated
seats for disabled persons may be occupied by other passengers only if no disabled persons shall occupy
these seats at the start of the trip.
6.7 Jeepneys shall have at least two (2) seats; preferably the front seats as designated seats for disabled
persons.
6.8 For jeepneys, other passengers may be use these designated seats if not occupied and yield them to
incoming disabled passengers only if the yielding passenger can still be accommodated at the back
6.9 In domestic shipping, each vessel shall:
a. Allocate on a per class-basis, areas for disabled passengers. These areas shall be nearest to the entrance
and/or exit doorways of the vessels.
b. Give priority to disabled passengers embarkation and disembarkation through the assignment of time
windows. Disabled passengers shall be given a twenty (20) minute period to embark ahead of the three (3)
hour embarkation time prior to the ship’s departure; and shall be allocated a maximum of one (1) hour for
disembarkation after the ship’s arrival.

7. The designated seats shall be identified by the International Symbol of Access.

8. Owners or operators of city buses operating in highly urbanized cities shall install in their units audiovisual aids
such as buzzer, bell, flashing light to inform the driver of any alighting passenger.

9. At least one deck in passenger ships shall be provided with accessible ramps, passageway, access to gangways,
galleys, safety equipment and bunks/berths/cabins with dimensions conforming with the requirements.

RULE V ADMINISTRATION AND ENFORCEMENT

1. Responsibility for Administration and Enforcement


The administration and enforcement of the provision of these Rules and Regulations shall be vested in the Secretary
of Public Works and Highways and the Secretary of transportation and Communications, in accordance with the
functions and jurisdiction of their respective Departments as provided for by laws as follows.
1.1 The Secretary through the Heads of attached agencies of the Department of Public Works and
Highways, with the technical assistance of the Building Research Development Staff, shall administer and
enforce the provisions of these Rules and Regulations through the City/Municipal Engineer who shall also act
as Local Building Official pursuant to Section 477 of R.A. 7160, otherwise known as the Local Government
Code of 1991 and as applied for the following:
1.1.1 Buildings and related structures including public transport terminals
1.1.2 Streets and Highways
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1.2 The Secretary of transportation and Communication shall administer and enforce the provisions of these
Rules and Regulations through the Heads of Line and Attached Agencies of the Department as follows:
1.2.1 Land Transportation Franchising and Regulatory Board – In respect to the issuance of Certificate of
Public Convenience (CPC) and Provisional Authority (PA) for the operation of public road transportation
utilities or services.
1.2.2 Land Transportation Office – In respect to the registration of buses and jeepneys and enforcement of
regulations related to land transport.
1.2.3 Philippine National Railways and the Light Rail Transit Authority – For the operation of passenger trains
and including stations and terminals.
1.2.4 Maritime Industry Authority – In respect to the development promotion, and regulation of all enterprises
engaged in business of designing, constructing, manufacturing, acquiring, operating, supplying, repairing
and/or maintaining vessels or components thereof; of managing and/or operating shipping lines, shipyards,
dry docks, marine railways, marine repair shops, shipping and freight forwarding agencies and similar
enterprises; issuance of license to all water transport vessels.
1.2.5 Philippine Ports Authority – In respect to the planning, development, financing, construction,
maintenance and operation of ports, port facilities, port physical plants, and all equipment used in connection
with the operation of a port.
1.2.6 Civil Aeronautics Board – In respect to the supervision and regulation of, the jurisdiction and control
over air carriers, general sales agents, cargo sales agents and airfreight for warders, and issuance of
certificates/licenses to aircrafts.
1.2.7 Air Transportation Office – In respect to the maintenance, operation and development, of all
government airports (other than the NAIA, Mactan International Airport) as well as air navigation facilities
(excluding meteorology).

2. Criminal Liability
As stipulated in Section 46 of R.A. 7277, otherwise known as the Magna Carta for Disabled Persons
(a), any person who violates any provision of the rules and regulations of this Act shall suffer the following penalties:
1) For the first violation, a fine of not less than Fifty thousand pesos (P50, 000.00) but not exceeding One hundred
thousand pesos (P100, 000.00) or imprisonment of not less than six (6) months but not more than two (2) years, or
both at the discretion of the court; and
2) For any subsequent violation, a fine of not less than One hundred thousand pesos (P100, 000.00) but not
exceeding Two hundred thousand pesos (P200, 000.00) or imprisonment for not less than two (2) years but not more
than six (6) years, or both at the discretion of the court.

(b) Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six (6)
months or a fine of not less than Five thousand pesos (P50, 000.00), or both, at the discretion of the court.
(c) If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable
therefore.
(d) If the violator is an alien or a foreigner, he shall be deported immediately after service of sentence without further
deportation proceedings.

PERSONS/INDIVIDUALS LIABLE FOR ANY VIOLATION OF THE ACT

For Buildings/Establishment/Structure
Owner or Operator of the Building, Establishment or Structure
Contractor
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Architect
Engineer
Building Official or Other Public Official in-charge with the issuance of building permit, registration, certification and/or
inspection of the building, establishment or structure
For Air, Land and Sea Transportation
Owner/Operator of Public Transportation
Body builders
Safety Officers/Engineering/Managers
Drivers/Conductors/Conductresses
Public Official in-charge with the issuance of permits, registration, certification and inspection of the public
transportation

EFFECTIVITY

These Rules shall take effect thirty (30) days After the date of publication in the Official Gazette

(SGD) JESUS B. GARCIA, JR.


Secretary

(SGD) GREGORIO R. VIGILAR


Secretary
Department of Public Works and Highways

In coordination with:
The NATIONAL COUNCIL FOR THE WELFARE OF DISABLED PERSONS
By:

(SGD) CORAZON ALMA G. DE LEON


Chairman
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IV NATIONAL HISTORICAL INSTITUTE

The National Historical Institute was created in 1972 to integrate the diverse functions of various historical agencies.
NHI is responsible for the conservation and preservation of the country's historical legacies. Its major thrusts
encompass an ambitious cultural program on historical studies, curatorial works, architectural conservation,
Philippine heraldry, historical information dissemination activities, restoration and preservation of relics and
memorabilia of heroes and other renowned Filipinos.

The NHI continues to undertake historical studies, incorporating translation and publication works; acquire either by
donation or purchase, the restoration, preservation and maintenance of historical sites, monuments, landmarks and
shines, structures, relics and memorabilia’s of heroes and other eminent Filipinos, documents and other source
materials; commemorate significant events and personages in Philippine history and safeguard the blazoning of the
national government and its political divisions and instrumentalities.

The National Historical Institute is located at: T.M. Kalaw St., Ermita Manila; Tel. No. 59-06-46. Aside from its offices,
the NHI Building likewise houses its recently inaugurated Museum of Philippine History.

CLASSIFICATION OF HISTORIC SITES AND STRUCTURES

Under existing procedures, the framework adopted by the Institute in the classification of historic sites and structures
for preservation consists of the following:

1. National Shrine. Historic site or object hallowed and honored for their history or association, e.g.: Rizal
Shrine-Calamba, Laguna; Rizal Shrine-Fort Santiago, Intramuros, Manila; Aguinaldo Shrine, Kawit, Cavite;
Pinaglabanan Memorial Shrine, San Juan, Metro Manila; Quezon Memorial Shrine, Quezon City; and, Mabini Shrine,
Tanauan, Batangas.

2. National Monuments. Objects, structures or sites dedicated to memorialize or give reverence to a special
historic personage or event, e.g. Rizal National Monument, Rizal Park; A. Bonifacio National Monument, Caloocan
City.

3. National Landmarks. Sites or structures that are associated with an event, achievement, characteristic, or
modification that makes a turning point or stage in Philippine history, e.g.: Paoay Church Historical Landmark [also a
World Heritage Site], Ilocos Norte; Miagao Church Historical Landmark [also a World Heritage Site], Iloilo; Barasoain
Church Historical Landmark, Malolos, Bulacan; Sheik Mahkdum Historical Landmark, Tawi-Tawi; Taal (Town Center)
Historical Landmark; and, Pila (Town Center) Historical Landmark, Pila, Laguna.

4. Heritage Houses. Houses of ancestry with notable historical and cultural significance, e.g.: Syquia Mansion,
Vigan City, Ilocos Sur; Houses in Silay City, Negros Occidental.

5. Historic Sites. Natural areas or places with historical significance, and places recognized, marked or declared
such as; Biak-na-Bato, San Miguel, Bulacan; Pamitinan Cave, Montalban, Rizal.

6. Classified. Structures and sites not falling under the above five categories and marked are listed as
Classified and recorded in the NHI's National Registry of Historic Structures. E.g.: All Philippine colonial churches
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which are more than 50 years old, with or without the official marker of the National Historic Institute, by virtue of
National Historic Institute Board Resolution No. 3, s.1991.
All sites and structures must fall within the NHI Criteria for Identification of Historic Sites and Structures. In the
identification procedure, all sites and structures must, at least be 50 years old and display a high degree of
authenticity to qualify for consideration.

POLICIES ON THE INSTALLATION OF HISTORICAL MARKERS


a. Markers shall be installed for Filipino heroes, historic events and places involving historical acts and patriotic
endeavors to dramatize the need to focus to the national consciousness the history of our country from the
Filipino viewpoint and to evoke pride in our national heritage and identity.
b. Installation of historical markers that honor Filipino heroes shall be undertaken after proper and thorough
study.
c. Historical markers shall only be installed in places with great historical value as determined by the National
Historic Institute Board.
d. Historical markers for religious personalities maybe installed in recognition of social or historical value.
e. Historical marker shall not be installed to honor persons deceased less than fifty years, unless they are
considered outstanding figures.
f. Request for historical markers may be granted during the centenary year of deserving persons, places or
structures.
g. Historical markers shall not be installed in honor of persons who are still living.
h. Historical markers may be installed in honor of foreigners, only in exceptional cases.
i. Markers of local significance shall be allowed upon approved application to the NHI provided they are
installed and financed by the agency, person or organization making the request and in such cases, the seal of
the Republic of the Philippines shall not be allowed to be used.
j. In consonance with the national policy, all texts of historical markers shall be in the National Language.
k. The historical marker shall have a uniform design, size and materials. The NHI shall exercise the exclusive
right (patent) over its use and production.
l. The historical markers are government property. Any act to destroy or remove the said markers without the
written authority from the NHI Board shall be charged criminally in accordance with existing laws. The NHI shall
conceptualize the standard design, size and materials of the pedestals for the historical marker.
m. To ensure the protection, upkeep and maintenance of the historical markers, the NHI and the client (i.e. local
executives, descendant of the hero, etc.) shall both officially agree and sign the Certificate of Transfer.

EXAMPLE:

Church of Barasoain

Barely an hour's ride from Manila, the Barasoain Church stands on a wide imposing patio. The church became the
sanctuary of the Philippine Republic that was born out of shattered battle flags and bloody battlefields.

Almost a decade after the founding of Manila, a settlement was made by the Augustinian missionaries in Barasoain
and a church of nipa and bamboo was constructed near the river between Maluslos (Malolos) and Barasoain, in front
of the Casa Tribunal (Presidencia) commonly called "Casa Real". A big fire in the 17th century destroyed the new
church.
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Another church was constructed on a new site, at its present location—corner of Paseo del Congreso and Republica
streets. The church constructed under the supervision of Rev. Fr. Francisco Royo, O.S.A., was also
made of light materials. In 1884, during the celebration of the Feast of the Lady of Carmel (Nuestra Señora del
Carmen), Patroness of the Parish, the temporary church was burned.

The following year, Rev. Fr. Juan Giron, O.S.A., supervised the reconstruction of the now famous Church of
Barasoain, with a certain Magpayo, the contractor and builder of the church.

Like any other church built during the Spanish era, the edifice was of the church-convento style, a typical portrayal of
the Spanish colonial architecture in the Philippines and in Spanish-America. At its right is a bell tower, just a few
meters higher than the main building.

Symmetry is the predominant theme of the architectural structure of the facade, with balanced formation of arched
windows on the sides and two small doors beside the main entrance. To suggest movement, ribbed vaulting had
been done in the doors, arched windows and rose window at the middle.

A National Landmark
The Church of Barasoain was declared a national landmark on August 1, 1973, when President Ferdinand E. Marcos
signed Presidential Decree No. 260. It provides that its "preservation, restoration and/or reconstruction shall be under
the supervision and control of the National Historical Commission (Institute) in collaboration with the Department of
Tourism.”

A Monument to History
The Barasoain Church Historical Landmark consists of two structures: the church and the adjoining convent. After the
original church was destroyed by fire in 1884, the structure underwent several renovations. The way it looks today is
not too different from how it looked during the time of Emilio Aguinaldo.

The convent has a museum dedicated to the three major historical events that took place in Barasoain Church. The
past comes alive through a dramatized audio-visual presentation recalling the declaration of Philippine independence
in Kawit, Cavite, on June 12, 1898. A facsimile of El Heraldo de la Revolution, the official newspaper of the First
Republic, is engraved in glass. There is also a permanent exhibit of the Philippine Constitution, from the Katipunan
Kartilya of 1892 to the Constitution of 1987.

So that you will learn to treasure the value of the Constitution as the national legal document, there is a Citizens Hall
where you can exercise one of your constitutional rights—the right to vote.

FOURTEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES

First Regular Session


Introduced by Senator Loren Legarda

EXPLANATORY NOTE
This bill seeks to protect, preserve, conserve, recognize and identify significant landmarks in the country and ensure
the preservation of the same for future generations.
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Section 15, Article XV of the 1987 Philippine Constitution states that the State shall conserve, promote and
popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.

Pursuant to this policy, Republic Act No. 7356 otherwise known as the Law Creating the National Commission for
Culture and the Arts was enacted in 1992 to formulate policies for the development of culture and arts, implement
these policies in coordination with affiliated cultural agencies, coordinate the implementation of programs of these
affiliated agencies, administer the National Endowment Fund for Culture and Arts (NEFCA), encourage artistic
creation within a climate of artistic freedom, develop and promote the Filipino national culture and arts, and preserve
Filipino cultural heritage. Part of the National Commission on the Culture and the Arts’ mandates is to conserve and
promote the nation’s historical and cultural heritage by supporting and promoting the establishment and preservation
of cultural and historical monuments, markers, names and sites.

The United Nations Educational, Scientific and Cultural Organization (UNESCO) lists as World Heritage Sites in the
Philippines the following: Baroque Churches of the Philippines, including San Agustin Church, Intramuros, Manila;
Paoay Church, Paoay, Ilocos Norte; Nuestra Sefiora de la Asuncion (Santa Maria) Church Santa Maria, Ilocos Sur;
Santo Tomas de Villanueva (Miag-ao) Church, Miag-ao, Iloilo, Historic Town of Vigan , Puerto-Princesa
Subterranean River National Park, Rice Terraces of the Philippine Cordilleras and the Tubbataha Reef Marine Park.
On the other hand, some of the cultural and historical landmarks in the Philippines include: Andres Bonifacio
Monument, Chinatown Binondo District in Manila, Corregidor Island in Mariveles, Bataan, EDSA Shrine, Emilio
Aguinaldo Shrine, Far Eastern University in the City of Manila (largest ensemble of Art Deco structures in the
Philippines) Fort Santiago in Intramuros, Manila, Heritage City of Vigan in Ilocos Sur, Intramuros Walled City in
Manila, Lapu-lapu Monument, Las Pifias Bamboo Organ in Las Piiias City, Magellan’s Cross in Cebu City, Magellan’s
Monument, Malacanang Palace, Manila Cathedral and San Agustin Church in Intramuros, Manila, Marcella AgonciIlo
National Landmark, San Agustin Church in Paoay, Ilocos Norte, Rizal Shrine and Santo Tomas Church in Miagao,
Iloilo,declared a UNESCO World Heritage Site in 1973.

There is valid reason to believe that there are still landmarks and historical sites that have yet to be identified,
preserved and protected for future generations. The lack of funds for this purpose prevents the government from
fulfilling its task to preserve and conserve the Filipino historical and cultural heritage and resources. Despite the
presence of the State policy and the implementing law, legislation is still needed to provide a more focused approach
to vigorously pursue the identification, preservation and protection of national landmarks and historical sites.

This proposed measure aims to respond to that need thru the National Landmarks Council. Under this bill, national
landmark are sites, structures, properties and landscapes, whether natuld or manmade, designated as such by
national legislation pursuant to procedures prescribed herein, that are worthy of rehabilitation, restoration and
preservation because of their historic, cultural and architectural significance to Philippine society; This proposed law
aims to establish and maintain a National Landmark Register to administer and oversee the listing of sites therein, as
well as conduct public consultations to determine which sites, places, culturaI landscapes or other such built heritcge
shall be included therein. Likewise,-the National Landmarks Endowment Fund is hereby created exclusively for the
purpose of conservation, restoration, preservation, reconstruction and protection of national landmarks, and all
activities pursuant thereto.

In view of the foregoing, immediate passage of this bill is earnestly requested.

LOREN LEGARDA Senator


FOURTEENTH CONGRESS OF
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THE REPUBLIC OF THE PHILIPPINES


First Regular Session
Introduced by Senator Loren Legarda

AN ACT PROVIDING FOR THE PROTECTION, PRESERVATION AND RESTORATION OF NATIONAL


LANDMARKS, ESTABLISHING THE NATIONAL LANDMARKS COUNCIL FOR THE PURPOSE, PROVIDING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. This Act shall be known as the “National Landmarks Conservation Act of 2007”

SECTION 2. Declaration of Principle. - It shall be the policy of the state to conserve, promote, and popularize the
nation’s historical and cultural heritage and resources, as well as artistic creations. All the country’s artistic and
historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may
regulate ita disposition. Pursuant to the mandate of the Constitution, the State shall hereby undertake endeavors that
embody the various facets of Philippine culture.

SECTION 3. Definition of Terms. For the purposes of this law, the following terms are defined
1. Architectural Style is the mode of the landmark which distinguishes the same from designs and
craftsmanship of other periods, types, methods of construction, such as the use of indigenous materials;
2. Cultural significance is the extreme beauty, unique location or singular physical characteristic which makes
the same recognized as a national icon;
3. Historical Importance is the attribute of a landmark which makes the same a significant part of the national or
local history, as may be determined by the National Historical Institute, or as independently declared by the
Council as mandated under this Act;
4. National Landmark are sites, structures, properties and landscapes, whether natural or manmade,
designated as such by national legislation pursuant to procedures prescribed herein, that are worthy of
rehabilitation, restoration and preservation because of their historic, cultural and architectural significance
to Philippine society;
5. Technological, engineering or construction expertise is the attribute of the landmark which embodies the
highest technology or craftsmanship of an era; and,
6. Utilitarian structure is the unique framework for which the landmark is known, such as but not limited to
farmhouses or other vernacular architecture, gas stations, stadia, warehouses, commercial structures,
lighthouses, and other such structures with a high level of architectural significance.

SECTION 4. National Landmarks Council. The National Landmarks Council, herein after referred to as the
Council, is hereby created as an attached agency of Department of Tourism to establish and implement policies for
the protection, preservation, conservation, recognition and identification of significant landmarks. The CounciI shall
act as the lead agency in the development of such landmarks, in cooperation with concerned government and non-
government agencies.

SECTION 5. Composition of the Council. The Council shall be composed of the following members who shall hold
the corresponding positions:

a. The Secretary of the Department of Tourism, in his ex-officio capacity as Chairman of the Council;
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b. The Chairman of the National Commission for Culture and the Arts (NCCA) in his ex-officio capacity as Vice
Chair;
c. The Chairman of the National Historical Institute (NHI), in his ex-officio capacity as Secretary;
d. The Secretary of the Department of Interior and Local Government (DILG), in his ex-officio capacity as
member;
e. The Executive Director of' the National Museum, in his ex-officio capacity as member;
f. The Executive Director of the Council, who shall be appointed under this Act, as member;
g. The Chairman of the Commission for Cultural Heritage of the United Nations Educational Scientific Cultural
Organization (UNESCO), as member; and,
h. Four (4) members from the private sector who shall be appointed by the President from bonafide concerned
non-government organizations, including professional associations, based on competence and expertise in
the field of culture, arts, heritage and Philippine history. The non ex -officio members of the Council shall
serve their term for six (6) years and shall receive per diem for actual attendance in the meetings of the
Council, subject to pertinent government rules on accounting auditing; Provided, that, the Council shall meet
at least once a month. The members of the Council may receive other allowances and reimbursements
relative to their functions, duties and responsibilities as members of the Council, subject to pertinent
government riles on accounting auditing, and to rates in accordance with existing laws.

SECTION 6. Powers and Functions of the Council. The Council shall have the following powers and function:
a. Establish a Secretariat under the Executive Director for the implementation of policies and administrative
operations;
b. Set up a system of networking, coordination and nationwide implementation of preservation, conservation,
restoration of landmarks and other policies through the respective local government units, in coordination
with private sector organizations;
c. Generate resources from both private and government agencies, both international and local, for its
operations as well as for the National Landmaiks Endowment Fund, as hereby created and herein after
referred to as the Endowment Fund.
d. Serve as conduit for all international government funding for. The protection, conservation and restoration of
national landmarks; Provided, that pertinent rules and regulations shall be issued by the Council for
administration of all funding including the Endowment Fund;
e. Administer the Endowment Fund and give grants for the protection, preservation, conservation,
reconstruction and restoration of national landmarks;
f. Establish and maintain the National Landmark Register, as hereby created under this Act, administer and
oversee the listing of sites therein, as well as conduct public consultants to determine which sites, places,
cultural landscapes or other such built heritage shall be included therein; Provided, that, the Council shall
promulgate the necessary rules and regulations pursuant to the selection of listings in the Register.
g. Monitor and ensure the enforcement of laws, rules and regulations in the protection, preservation,
conservation, reconstruction and restoration of listed sites;
h. Advise the President on all matters relating to built heritage, and coordinate with the national and local
governments in relation governn-lent utilization of such sites and structures;
A. i. , Maintain national and international institutional linkages;
i. Review and propose protective zoning and assist in the creation of special zoning laws and ordinances to
appropriate authorities in relation to built heritage;
j. Set and promote national standards for restoration, conservation and reconstruction work; Provided, that all
such undertakings, be it by the national or local government, shall be subjected to these standards;
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1. Educate the public and create greater awareness on built heritage, and pursuant to this shall undertake to
provide the Department of Educatioh Culture and Sports and the NCCA with copies of the Register and other
important data on built heritage; and
m. Promulgate rules, regulations and undertake any and all measures necessary to implement this Act. In
addition to the aforementioned duties, each ex officio member of the Council shall ensure the coordination and
cooperation of his or her respective agency in the implementation of the Council's established policies.

SECTION 7. The Secretariat and the Executive Director. Within one hundred (120) days from the approval of this
Act, the Council shall organize a Secretariat to be headed by an Executive Director, who must be either an architect,
engineer or member of the Integrated Bar of the Philippines, and must have at least ten (10) years experience in his
chosen profession. Furthermore, the Executive Director miist possess utmost integrity and good moral character. He
shall be appointed by the President; provided, that the President shall take into consideration the recommendations
of the private sector representative of the Council.

SECTION 8. National Landmarks Endowment Fund. The National Landmarks Endowment Fund is hereby
established exclusively for the purpose of conservation, restoration, preservation, reconstruction and protection of
national landmarks, and all activities pursuant thereto:

The Endowment Fund shall be sourced from the following:


1. The amount of five hundred fifty million pesos (550,000,000) as seed capital shall be taken from the
Philippine Amusement and Gaming Corporation (PAGCOR), at the rate of twenty million pesos a month for
twenty- five (25) months; Provided, that no grant shall be awarded from the Endowment Fund except from
the interest drawn from the same; Provided, further, that no grant shall be warned until after one (1) year
from the establishment of the Endowment Fund; and
2. Five percent (5%) from the annual allotment of the travel tax to the Philippine Tourism Authority. Other
government corporations, such as the Government Service Insurance System, the Social Security System, are
authorized to give grants to the Endowment Fund at their discretion. Private persons or corporations may likewise
donate to the Endowment Fund; provided, that such contributions are subject to tax deductions or exemption
pursuant to the provisions of the National Internal Revenue Code.

SECTION 9. National Landmarks Register. The Council shall establish the National Landmarks Register, herein
after referred to as the Register, which shall list all landmarks with any of the following attributes:
1. Historical Importance
2. Character;
3. Distinct Architectural Style;
4. National Artist’s Work;
5. Architectural Significance;
6. Technological, engineering or construction expertise;
7. Viability
8. Cultural landscape
9. Unique utilitarian structures; and,
10. Other significant attributes 5s determined by the Council.

SECTION 10. Markers. The Council shall cause an appropriate marker to be attached to the structure or work
proclaiming its significance. The municipal or city government shall, within one year of the listing of the site in the
Register, proclaim the structure as such in the appropriate legal form. All local government units may provide
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additional incentives for the maintenance, restoration, reconstructions, conservation, or protection of a registered
work.

SECTION 11. Obligations of Owners and Possessors of Registered Landmarks.


The owners and possessors of the landmarks or structures included in the Registry shall be ensured of the
maintenance, protection and continued structural integrity of such landmarks. Any changes, alterations, deviations to
be made by the owners or possessors of registered landmarks on the original structure must be cleared with the
Council, which shall issue the necessary permits and clearances after inspection and study of the structure and its
proposed designs. If the owners or possessors of registered landmarks refuse, by his act or omission, to abide by the
provisions of this Act, or in any manner violate section 12 of this Act, the Council shall undertake expropriation
proceedings on the subject property. Failure to recompense the Council within a period of five years shall entitle the
Council to alienate the property or work in favor of a third person who shall undertake the possession and/or
ownership of the subject property or work after full restitution to the Council of the amount, and any expenditures for
rentals. The third party must also compensate the owner and or the possessor of the property or work in accordance
with registered property values.

SECTION 12. Stages of Protection on Registered Landmarks. Any changes made and registered property must
be subject to the clearance of the Council; Provided, that changes shall be allowed by the Council after inspection
and determination of applicability, and upon determination of the level of protection enjoyed by the subject registered
work. The Council shall issue the necessary clearance and permits appurtenant thereto.

SECTION 13. Council-restored and reconstructed Landmarks. The owner or possessor of a registered landmarks
has the primary responsibility for the restoration, repairs maintenance and conservation of the subject landmark;
Provided, that if after notice to the owners or possessors of the subject property, the landmark is allowed to
deteriorate or otherwise not conserved, repaired or maintained in accordance with the standards set by the Council,
the Council shall undertake the necessary repairs, maintenance, conservation or restoration work. Pursuant to this,
the Council shall have a lien on the subject structure and/or land, if applicable, in the amount expended for the
necessary work on the structure.

The council shall notify the Registrar of Deeds or other such authority, or any work that is to be undertaken on
registered works, even prior to the commencement of such work for the protection of innocent this parties.

SECTION 14. Penal Provision. Destruction, demolition, restoration, renovation or any changes or alterations or
deviations form the original structure, or any construction work on the original structure without the written authority of
the Council shall be penalized by imprisonment from six months to one year, of a fine of twenty-five thousand pesos
(P25,000,00) for each act in violation of this provision.

SECTION 15. Review. The listings in the Register shall be subject to review every five years by the Council. The
may withdraw a structure from the Register, after deliberation, subject to the standards in Section 9 of this Act.

SECTIQN 16. Applicability. This law shall be applicable to all registered works, whether owned or possessed by the
government or private persons.

SECTION 17. .Repealing Clause. All laws, rules, regulations and other issuances or parts thereof which are
inconsistent with this Act are hereby repealed or modified accordingly.
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SECTION 18. Effectivity. This Act shall take effect immediately upon its approval.

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