Implementing Rules and Regulations of the National Building Code of the Philippines (PDF)

IMPLEMENTING RULES AND REGULATIONS OF THE NATIONAL BUILDING CODE OF THE PHILIPPINES (PD 1096) OFFICIAL TEXT 2005 REVISED EDITION INCLUDES NBCDO MEMORANDUM CIRCULAR NO. 1, s. 2004 SCH...

IMPLEMENTING RULES AND REGULATIONS OF THE NATIONAL BUILDING CODE OF THE PHILIPPINES (PD 1096) OFFICIAL TEXT 2005 REVISED EDITION INCLUDES NBCDO MEMORANDUM CIRCULAR NO. 1, s. 2004 SCHEDULE OF FEES & OTHER CHARGES NBCDO MEMORANDUM CIRCULAR NO. 2004-2 NBC FORMS LEGAL OPINIONS P.D. 1096 (National Building Code) R.A. 544 (Civil Engineering Law) R.A. 9266 (New Architecture Act of 2004)  TABLE OF CONTENTS TITLE PAGE Foreword…………………………………………………………………….... vii Acknowledgement…………………………………………………………… viii Special Order No. 43 Series of 2005…………………………………………. ix NBCDO Memorandum Circular No. 01 Series of 2005…………………. x RULE I - GENERAL PROVISIONS SECTION 101 Title ………………………………………………….………………….….….. 1 102 Declaration of Policy………………………………………………….……….. 1 103 Scope and Application……………….……………………………….………. 1 104 General Building Requirements………………………………………..…….. 1 105 Site Requirements…………………………………………………………….. 2 106 Definitions…………………………………………………….…………..…….. 2-3 RULE II - ADMINISTRATION AND ENFORCEMENT 201 Responsibility for Administration and Enforcement………………….……… 4 202 Technical Staff………………………………………….……………….……... 4 203 General Powers and Functions of the Secretary………………………….… 4 204 Professional and Technical Assistance..……………………………..…….… 4-5 205 Building Officials………………………………………….…………….……..… 5 206 Qualifications of Building Officials…………………………………….……..… 5 207 Duties of the Building Official…………………………………………..…….… 5-7 208 Fees…………………………………………………….……………………..... 7 209 Exemption…………………………………………………………………….….. 7 210 Use of Income from Fees………………………………….……………....…. 7 - 12 211 Implementing Rules and Regulations……………………………………...... 12 212 Administrative Fines……………………………………….………………... 12 - 14 213 Penal Provisions……………….…………………………………………..…. 14 214 Dangerous and Ruinous Buildings or Structures…………….………….…. 14 - 15 215 Abatement of Dangerous Buildings………………………………………....… 15 - 16 216 Other Remedies……………………………………………….………………. 16 Procedure in Enforcing Administrative Sanctions 17 - 18 Procedure for Abatement/Demolition of Dangerous/Ruinous Buildings/Structures……………………………. 19 RULE III - PERMITS AND INSPECTION 301 Building Permits………………………………………………………………... 20 - 21 302 Application for Permits………………………………………………………..… 21 - 28 303 Processing of Building Permits………………………….………………....…. 28 - 32 304 Issuance of Building Permits....………………………….…………….…….… 32 - 33 305 Validity of Building Permits………………………………………………...….. 33 306 Non-issuance, Suspension or Revocation of Building Permits………..…… 34 307 Appeal………………………………………………………………………….... 35 308 Inspection and Supervision of Work……………………………………..….. 35 309 Certificate of Occupancy……………………………………….…………..… 35 - 36 RULE IV - TYPES OF CONSTRUCTION 401 Types of Construction……………………………………………………..…... 37 402 Changes in Types…..…………………………………..…….…………….…. 37 403 Requirements on Type of Construction…………………………….………... 37 - 38 RULE V - REQUIREMENTS OF FIRE ZONES 501 Fire Zones Defined…………………………………………….…….………….. 39 502 Buildings Located in More than One Fire Zone………………………....…. 39 503 Moved Buildings.………………………………………………………………. 39 504 Temporary Buildings/Structures…………………….…….…………………... 39 505 Center Lines of Streets……………………………………….……………..….. 39 506 Restrictions on Existing Buildings…………………………………………..... 39 - 40 507 Designation of Fire Zones…………………………………………………….. 40 RULE VI - FIRE-RESISTIVE REQUIREMENTS IN CONSTRUCTION 601 Fire-Resistive Rating Defined……………………………………………….. 41 602 Fire-Resistive Time Period Rating…………………………………………..… 41 603 Fire-Resistive Standards……………………………………………………..… 41 604 Fire-Resistive Regulations………………………………………………….…. 41 RULE VII - CLASSIFICATION AND GENERAL REQUIREMENTS OF ALL BUILDINGS BY USE OR OCCUPANCY 701 Occupancy Classified……………………………………….…………….…… 42 - 75 702 Change in Use………………………………………………….…………….…. 76 703 Mixed Occupancy……………………………………….….…………………... 76 - 77 704 Location on Property………………………………………….……………….... 77 - 79 705 Allowable Floor Areas…………………………………………………………. 79 - 82 706 Allowable Floor Area Increases..………………………….………………….. 83 707 Maximum Height of Buildings……………………………….……………….. 83 - 102 708 Minimum Requirements for Group A Dwellings………….………………... 102 - 103 709 Requirements for Other Group Occupancies…………….………………..… 104 Guidelines on Building Bulk, Development Control, Buildings & Other Accessory Structures Within Cemeteries and Memorial Parks………………………………………... 105 - 113 RULE VIII - LIGHT AND VENTILATION 801 General Requirements of Light and Ventilation…………………………….. 114 802 Measurement of Site Occupancy……………………….…………….…….… 114 803 Percentage of Site Occupancy…………………………………………………114 - 120 804 Size and Dimensions of Courts……………………………………………..…. 121 - 126 805 Ceiling Heights………………………………………………………………… 127 806 Sizes and Dimensions of Rooms……………………………………………… 127 807 Air Space Requirements in Determining the Size of Rooms……………..... 127 808 Windows Openings………………………………………….………………... 127 - 128 809 Vent Shafts……………………………………………………………………..... 129 810 Ventilation Skylights…………………………………………………………..… 128 811 Artificial Ventilation…………………………………………………………….... 128 - 129 Guidelines on Easements, View Corridors/Sight Lines, Streets/Road Right-of-Way (RROW), Sidewalks, Arcades, Basements, Lots, and Public Buildings/Structures……….….130 - 157 RULE IX - SANITATION 901 General Requirements………………………………….…………………….. 158 902 Water Supply System.…………………….………………………………….... 158 903 Wastewater Disposal System……….………………….…….…………….…. 158 904 Storm Drainage System.………………………….…………………………....158 - 159 905 Pest and Vermin Control.……………………………….…….…………….….. 159 906 Noise Pollution Control………………………………………………………..... 159 907 Pipes Materials…………………………………….……….…………………... 159 RULE X - BUILDING PROJECTION OVER PUBLIC STREET 1001 General Requirements………………………………….….………………..…. 160 1002 Projection into Alleys or Streets…………………………….………………... 160 1003 Projection of Balconies and Appendages Over Streets……………………. 160 1004 Arcades……………………………………………………….…………………. 161 1005 Canopies (Marquees)………………………………………………………..…. 162 1006 Movable Awnings or Hoods………………………………………………….... 162 1007 Doors, Windows, and the Like…………………………….………………….. 162 1008 Corner Buildings with Chaflans………………………….…………………....162 - 163 RULE XI - PROTECTION OF PEDESTRIANS DURING CONSTRUCTION OR DEMOLITION 1101 General Requirements………………………………………………………... 164 1102 Storage in Public Property…………………………………….……….…….. 164 1103 Mixing Mortar on Public Property……………………………………………. 164 1104 Protection of Utilities………………………………………………………….… 164 1105 Walkway…………………………….……………………….…………..…….. 165 1106 Pedestrian Protection………………………………….………….…………….165 - 170 1107 Maintenance and Removal of Protective Devices………………………..….170 - 176 1108 Demolition..………………………………………………….…………...…….. 176 - 181 RULE XII - GENERAL DESIGN AND CONSTRUCTION REQUIREMENTS 1201 General Requirements……………………………………………………….… 182 1202 Excavation, Foundation, and Retaining Walls……….……………………....182 - 185 1203 Veneer………………………………………………………….……………….... 185 1204 Enclosure of Vertical Openings……………………………………………… 185 - 186 1205 Floor Construction……………………………………………..…………….... 186 1206 Roof Construction and Covering………………………….…………………..186 - 187 1207 Stairs, Exits, and Occupant Loads…………………………….…………….. 187 - 199 1208 Skylights……………………………………………………………………….…199 - 200 1209 Bays, Porches, and Balconies………………………….…………………..…. 200 1210 Penthouses and Roof Structures………………………………………….... 200 - 201 1211 Chimneys, Fireplaces, and Barbecues………………….……………………201 - 205 1212 Fire-Extinguishing Systems…………………………………………………...205 - 208 1213 Stages and Platform…………………………………………..………………...208 - 209 1214 Motion Picture Projection Rooms……………………….……………………..210 - 211 1215 Lathing, Plastering, and Installation of Wall Boards………..…….…….…... 211 RULE XIII - ELECTRICAL AND MECHANICAL REGULATIONS 1301 Electrical Regulations……………………………………….……………….….212 - 217 1302 Mechanical Regulations…………………………………….……………….....218 - 223 RULE XIV - PHOTOGRAPHIC AND X-RAY FILMS 1401 Storage and Handling……………………………………….………………….. 224 1402 Classes of Film Exempted…………………………………..…………….….... 224 1403 Fire Extinguishing System………………………………….……………….... 224  RULE XV - PREFABRICATED CONSTRUCTIONS 1501 Prefabricated Assembly………………………………………………..…….. 225 RULE XVI - PLASTICS 1601 Approved Plastics….………………………………………………………….. 226 1602 Installation….……………………………………….….……….……………..… 226 1603 Glazing of Openings…..……………………………….……………………..… 226 1604 Skylights…..…………………………………………….……………………... 226 - 227 1605 Light-Transmitting Panels in Monitors and Sawtooth Roofs……………….. 227 1606 Plastic Light Diffusers in Ceilings………………………….………………..…227 - 228 1607 Partitions….……………………………………………………………………... 228 1608 Exterior Veneer….……………………………………….…………………….... 228 1609 Awnings and Canopies….……………………………….…………………….. 228 RULE XVII - SHEET METAL PAINT SPRAY BOOTHS 1701 Sheet Metal Paint Spray Booth…………………………………………….... 229 1702 Fire Protection….………………………………………….…………………….. 229 1703 Light….……………………………………………………….………………… 229 1704 Ventilation….………………………………………….………………………....229 - 230 RULE XVIII - GLASS AND GLAZING 1801 General Requirements….……………………………….……………………… 231 1802 Area Limitation….……………………………….………….…………….….... 231 1803 Glazing….…………………………………………..……….………………….... 232 1804 Louvered Windows….…………………………………….……………….... 232 1805 Impact….…………………………………………………….……………….... 232 RULE XIX - THE USE OF COMPUTERS 1901 General Rule……..…………………………………………………………....... 233 1902 Program Documentation………………………………….………………….... 233 1903 Submission of Computer-Generated Computations………………………… 233 RULE XX - SIGNS 2001 General Requirements……………………………………….……………….... 234 2002 Maintenance………………………………………………….………………... 234 2003 Design and Construction………………………………….………………….... 234 2004 Supports and Anchorages………………………………….……………….….234 - 236 2005 Projections and Clearances……………………………………………….… 236 2006 Lighting…………………………………………………………..……………..… 237 - 239 RULE XXI - TRANSITORY AND FINAL PROVISIONS 2101 Separability Clause………………………………….…..…….……………… 240 2102 Repealing and Amending Clause……………………….…………………….. 240 2103 Effectivity…….……………………………………………..…………………....…. 240 GLOSSARY………………………………………………………………….…..241 - 253 NEW SCHEDULE OF FEES AND OTHER CHARGES 254 - 270 NBC FORMS 272 - 341 LEGAL OPINIONS 342 - 351 P. D. 1096 (National Building Code of the Philippines) 352 - 416 R.A. 544 (Civil Engineering Law) 417 - 421 R.A. 9266 (Architecture Act of 2004) 422 - 434 NBC FORMS PAGE Building Permit/Accessory Permit and Other Forms: 272 - 302 NBC Form No. B - 01 Application for Building Permit/Building Permit…..……………...272 - 273 NBC Form No. B - 02 Excavation & Ground Preparation Permit………..……………....274 - 275 NBC Form No. B - 03 Fencing Permit……………………………………….……………..… 276 - 277 NBC Form No. B - 04 Sidewalk Construction Permit……………………………….……... 278 - 279 NBC Form No. B - 05 Temporary Sidewalk Enclosure & Occupancy Permit…………..... 280 - 281 NBC Form No. B - 06 Scaffolding Permit…………………………………………………...282 - 283 NBC Form No. B - 07 Sign Permit………………………………………………………….… 284 - 285 NBC Form No. B - 08 Demolition Permit……………………………………………….…..286 - 287 NBC Form No. B - 09 Notice of Violation………………………………………………….... 288 NBC Form No. B - 10 Certificate of Completion…………………………………………..… 289 - 290 NBC Form No. B - 11 Application for Certificate of Occupancy…………………….……... 291 NBC Form No. B - 12 Application for Change of Use or Occupancy…………………..…. 292 NBC Form No. B - 13 Certificate of Occupancy…………………………………………..... 293 NBC Form No. B - 14 Certificate of Use……………………………………………………… 294 NBC Form No. B - 15 Construction Log Book Sheet……………………………………..… 295 NBC Form No. B - 16 Order of Payment…………………………………………………… 296 NBC Form No. B - 17 Endorsement to C/MFM Re- Application for Building Permit…………….…………….……... 297 NBC Form No. B - 18 Endorsement to C/MFM Re- Completion of Construction…………………...……………..…. 298 NBC Form No. B - 19 Certificate of Annual Inspection…………………………………..… 299 NBC Form No. B - 20 Notice of Construction……………………………………………..…. 300 NBC Form No. B - 21 Inspection Report………………………………………………….. 301 - 302 Ancillary Permit Forms: 303 - 316 NBC Form No. A - 01 Architectural Permit…………………………………………………303 - 304 NBC Form No. A - 02 Civil/Structural Permit……………………………………………….. 305 - 306 NBC Form No. A - 03 Electrical Permit………………………………………………….….... 307 - 308 NBC Form No. A - 04 Mechanical Permit………………………………………………….... 309 - 310 NBC Form No. A - 05 Sanitary Permit…………………………………………………..... 311 - 312 NBC Form No. A - 06 Plumbing Permit…………………………………………………….313 - 314 NBC Form No. A - 07 Electronics Permit…………………………………………………....315 - 316 Electrical Forms: 317 - 331 NBC Form No. E - 01 Notice of Unsafe Electrical Installation………………………….... 317 NBC Form No. E - 02 Notice of Illegal Electrical Installation…………………………...….. 318 NBC Form No. E - 03 Permit for Temporary Service Connection……………………… 319 - 320 NBC Form No. E - 04 Certificate of Electrical Inspection for Temporary Power Connection…………………….……………..….. 321 NBC Form No. E - 05 Certificate of Final Electrical Inspection………………………..…... 322 NBC Form No. E - 06 Certificate of Annual Electrical Inspection…………………….…… 323 NBC Form No. E - 07 Certificate of Operation: Indoor/Outdoor Station Transformer………………………………………….…….… 324 NBC Form No. E - 08 Certificate of Operation: HV/MV Primary Disconnecting Means…………………….……………..….. 325 NBC Form No. E - 09 Certificate of Operation: Incoming Low Voltage Switchgear………………………………….……………..… 326 NBC Form No. E - 10 Certificate of Operation: Power Distribution Panels………………………………………..….. 327 NBC Form No. E - 11 Certificate of Operation: Lighting Distribution Panels………………………….………….…... 328 NBC Form No. E - 12 Certificate of Operation: Generator/UPS………………………..…. 329 NBC Form No. E - 13 Certificate of Operation: Motor Control Centers………………..…. 330 NBC Form No. E - 14 Certificate of Operation: Automatic/Manual Transfer Switch…………….………………...…. 331 Mechanical Forms: 332 - 341 NBC Form No. M - 01 Notice of Illegal Mechanical Installations………………………… 332 NBC Form No. M - 02 Notice of Mechanical Requirements……………………………. 333 NBC Form No. M - 03 Certificate of Inspection: Steam Boiler/ Certificate of Operation: Steam Boiler…………………..………..... 334 NBC Form No. M - 04 Certificate of Inspection: Unfired Pressure Vessels/ Certificate of Operation: Unfired Pressure Vessels……………….. 335 NBC Form No. M - 05 Certificate of Inspection: Gas Pipe and/or Burner/ Certificate of Operation: Gas Pipe and/or Burner……………..….. 336 NBC Form No. M - 06 Certificate of Operation: Internal Combustion Engine………….… 337 NBC Form No. M - 07 Certificate of Operation: Machinery…………………………….…... 338 NBC Form No. M - 08 Certificate of Operation: Elevator/Dumbwaiter….…………….…... 339 NBC Form No. M - 09 Certificate of Operation: Escalator………………………………..… 340 NBC Form No. M - 10 Certificate of Operation: Air-Conditioning/Refrigeration……………………………………... 341  FOREWORD Presidential Decree 1096, popularly known as the National Building Code of the Philippines, which was issued on February 19, 1977 has achieved the purpose of enforcing uniform standards and requirements on building design, construction, use, occupancy and maintenance in line with the policy of the state to safeguard life, health, property and public welfare. The original rules and regulations of the Code were issued on various dates in 1977-1979 through Memorandum Orders by the defunct Ministry of Public Works, Transportation and Communications. These rules and regulations were then compiled by the then Ministry of Public Works, now the Department of Public Works and Highways. This compilation was subsequently approved as the “Implementing Rules and Regulations” (IRR) of the Code. The need to update and amplify various provisions of the existing IRR has become imperative to be realistic and relevant in the present times as demanded by technological changes in building design and construction, rapid urbanization, development of mega cities characterized by high-rise buildings/structures and the relevant requirements of related laws and other government agencies. This revised IRR includes additional provisions so that each of the Chapters of PD 1096 now has its corresponding rules and regulations. For the purpose of clarity, continuity and homogeneity, the rules and regulations are rearranged following the same sequence and numbering as those of the Chapters and Sections of the Code. Included also in this publication are Permit Forms relevant in the implementation and enforcement of PD 1096. The realization of this revised IRR is made possible through the efforts of the National Building Code Review Committee and its Board of Consultants and the National Building Code Development Office of the Department of Public Works and Highways. It is hoped that this publication will contribute to a uniform and clearer interpretation and understanding of the Code for its effective enforcement.  ACKNOWLEDGEMENT Our profound gratitude to all the representatives of the accredited technical professional organizations and other agencies of the government who shared their expertise, materials, time and effort in realization of the revised Implementing Rules and Regulations of PD 1096 otherwise known as the National Building Code of the Philippines. Likewise, our sincere appreciation to all those responsible for drafting this revised IRR, we commend our esteem and deference in recognition of their contribution, particularly to the following: NATIONAL BUILDING CODE REVIEW COMMITTEE (NBCRC) RAUL C. ASIS Assistant Secretary Chairman ANTONIO V. MOLANO, JR. NESTOR V. AGUSTIN Director IV, Bureau of Research Director IV, PMO-Special Buildings and Standards GILBERTO S. REYES WALTER R. OCAMPO OIC, Director IV, Bureau of Design Director III, Bureau of Construction CAMILO G. FORONDA EMMANUEL P. CUNTAPAY OIC, Director III, Legal Service Architect V, Bureau of Design BOARD OF CONSULTANTS (BOC) ANGEL LAZARO, JR. Chairman Oversight Committee Archt. Armando D. N. Alli Engr. Alberto J. Azarcon, Jr. Archt. Lorenzo P. Espeleta Col. Rafael E. Rueda, Jr. Engr. Agustin S. Torres Atty. Teresita G. Vidamo Engr. Julius F. Villanueva Archt. Elmor V. Vita BOC Members: Archt. Ramon L. Abiera Archt. Francisco Mapalo, Jr. Engr. Romulo R. Agatep Engr. Joel J. Marciano Engr. Porthos P. Almajose Engr. Edward L. Mendoza Engr. Antonio A. Avila Engr. Emilio M. Morales Engr. Fe. M. Barrientos Ms. Belen S. Morey Engr. Ernesto J. Battad, Jr Ms. Delia R. Pabalan Engr. Rodolfo N. Ferrer Dr. Benito M. Pacheco Archt. Eugene G. Gan Archt. Aquiles Paredes Ms. Patricia M. Gomez Dr. Raymundo S. Punongbayan Atty. Merceditas N. Gutierrez Engr. Laurentino R. Punzalan Engr. Antonio Janubas Dr. Arthur Saldivar-Sali Engr. Antonio E. Kaimo Engr. Eluderio S. Salvo Engr. Antonio Jerome Lara Archt. Fernando L. Santos Archt. Prosperidad C. Luis Archt. Michael V. Tomeldan Comm. Roque Magno Engr. Pablo M. Magpily, Jr. Technical Staff and Secretariat: Asst. Director Judy F. Sese, Archt. Mariano C. del Castillo, Engr. Teodoro S. Landicho, Archt. Alpha F. Azarcon, Archt. Ellison M. de Guzman, Marilyn A. Oba, , Miriam O. Santos, Yolanda L. Gallardo, Emelita Jorge, Gregoria R. Flores, Ma. Dioscora L. Salomon, Evangeline P. Cruz, Milagros B. Perez, and Maria L. Bernardo. Republic of the Philippines 9  Republic of the Philippines DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS OFFICE OF THE SECRETARY Bonifacio Drive, Port Area, Manila Jul 06 2005 SPECIAL ORDER 43 SUBJECT: COMPOSITION OF THE NO.___________ NATIONAL BUILDING CODE Series of 2005 DEVELOPMENT OFFICE x-x-x-x-x-x-x-x-x-x-x (NBCDO) Pursuant to Department Order No. 82 series of 2000 reactivating and reconstituting the Building Research and Development Staff and renaming it as the National Building Code Development Office (NBCDO) the following personnel shall compose the NBCDO as per attached approved organizational chart. EMMANUEL P. CUNTAPAY - Acting Executive Director, NBCDO In Concurrent capacity and Chief, Architectural Division, Bureau of Design DANTE B. POTANTE - Acting Deputy Executive Director Project Manager OIC, Director III, Bureau of Design TECHNICAL STAFF: 1. Wilfredo S. Lopez - Bureau of Design 2. Mariano C. Del Castillo - Bureau of Design 3. Jaime A. Avellaneda - Bureau of Design 4. Jaime S. Pedro - Bureau of Design 5. Eriberto Sioson - Bureau of Design 6. Josephine P. Isturis - Bureau of Design 7. Valeriano L. Esquibal - Bureau of Design 8. Jacinto B. Sebastian - Bureau of Design 9. Rodolfo Somera - Bureau of Construction 10. Ferdinand Briones - Bureau of Design 11. Ellison M. De Guzman - Bureau of Design 12. Lucia B. Vargas - National Capital Region 13. Mario E. Palileo - Bureau of Research & Standard 14. Emmanuel R. Martinez - Legal Service 15. Vincent A. Beran - Bureau of Design 16. Joyce P. Banatao - Bureau of Design ADMINISTRATIVE STAFF: 1. Marilyn A. Oba 4. Marlon B. Turingan 2. Gregoria R. Flores 5. Donna Leuterio 3. Frances Xyra R. Flores The assignment of the members of the technical and administrative staff shall be on full-time basis. However, they will continue to draw their salaries/wages from their mother unit This Order shall take effect immediately NBCDO/EPC/ylg Special Order – Composition of NBCDO 10 11  Pursuant to the authority vested in the Secretary of the Department of Public Works and Highways (DPWH) under Chapter 2 of the National Building Code of the Philippines (PD 1096), the following Rules and Regulations are hereby promulgated and issued: RULE I – GENERAL PROVISIONS SECTION 101. Title These Rules shall be known and cited as the “Revised Implementing Rules and Regulations of the National Building Code of the Philippines (P.D. 1096)” and shall be referred to as the “IRR”. SECTION 102. Declaration of Policy It is hereby declared to be the policy of the State to safeguard life, health, property, and public welfare, consistent with the principles of sound environmental management and control; and to this end, make it the purpose of the Code to provide for all buildings and structures, a framework of minimum standards and requirements to regulate and control their location, site, design, quality of materials, construction, use, occupancy, and maintenance. SECTION 103. Scope and Application 1. The scope of this IRR shall cover the following disciplines: architectural, civil/structural, electrical, mechanical, sanitary, plumbing, and electronics. This shall also apply to the design, location, siting, construction, alteration, repair, conversion, use, occupancy, maintenance, moving, demolition of, and addition to public and private buildings and structures, except traditional indigenous family dwellings, and those covered by Batas Pambansa Bilang 220 otherwise known as the “Economic and Socialized Housing Projects”. 2. Existing buildings or structures without appropriate building permits/certificates of occupancy may be legalized and issued the necessary permits and certificates, provided, they are made to conform to these rules and regulations. However, they shall be subject to the imposition of penalties, surcharges, fines and other appropriate measures. 3. The applicable and consistent provisions of the allied professional codes and other government agency codes as approved by the DPWH Secretary shall serve as the referral codes of PD 1096 and this IRR. SECTION 104. General Building Requirements 1. All buildings or structures as well as accessory facilities thereto shall conform in all respects to the principles of safe construction and must be suited to the purpose for which they are designed. 2. Buildings or structures intended to be used for the manufacture and/or production of any kind of article or product shall observe adequate environmental safeguards. 3. Buildings or structures and all parts thereof as well as all facilities found therein shall be maintained in safe, sanitary and good working condition. 12 SECTION 105. Site Requirements The land or site upon which will be constructed any building or structure, or any ancillary or auxiliary facility thereto, shall be sanitary, hygienic or safe. In case of sites or buildings intended for use as human habitation or abode, the same shall be at a safe distance, as determined by competent authorities, from streams or bodies of water and/or sources of air considered to be polluted; from a volcano or volcanic site and/or any other building considered to be a potential source of fire or explosion. SECTION 106. Definitions 1. For purposes of this IRR, the following definitions shall apply: ADDITION – Any new construction which increases the height and/or floor area of existing buildings/structures. AGENCY OF THE GOVERNMENT – Refers to any of the various units of the government including a department, bureau, office, instrumentality, or government owned or controlled corporation. ALTERATION – Works in buildings/structures involving changes in the materials used, partitioning, location/size of openings, structural parts, existing utilities and equipment but does not increase the building height and/or floor area. APPLICATION FORMS – A preformatted prescribed application form duly accomplished and notarized by the respective design professional with validation matrices related to other building rules and regulations. APPLICANT/PERMITTEE – Any person, firm, partnership, corporation, head of government or private institution, organization of any character applying for the issuance of permits and certificates. BUILDING OFFICAL – the Executive Officer of the OBO appointed by the Secretary. BUILDING PERMIT – A document issued by the Building Official (BO) to an owner/applicant to proceed with the construction, installation, addition, alteration, renovation, conversion, repair, moving, demolition or other work activity of a specific project/building/structure or portions thereof after the accompanying principal plans, specifications and other pertinent documents with the duly notarized application are found satisfactory and substantially conforming with the National Building Code of the Philippines (the Code) and its Implementing Rules and Regulations (IRR). CODE – PD 1096, otherwise known as the National Building Code of the Philippines. CONSTRUCTION – All on-site work done in the site preparation, excavation, foundation, assembly of all the components and installation of utilities, machineries and equipment of buildings/structures. CONVERSION – A change in the use or occupancy of buildings/structures or any portion/s thereof, which has different requirements. DEMOLITION – The systematic dismantling or destruction of a building/structure, in whole or in part. DEPARTMENT – The Department of Public Works and Highways (DPWH). EXECUTIVE DIRECTOR – The Executive Officer or Head of the NBCDO. MOVING – The transfer of buildings/structures or portion/s thereof from original location or position to another, either within the same lot or to a different one. OFFICE OF THE BUILDING OFFICIAL (OBO) – The Office authorized to enforce the provisions of the Code and its IRR in the field as well as the enforcement of orders and decisions made pursuant thereto. 13 REFERRAL CODES – The applicable provisions of the various agency and technical professional codes that are supplementary to the Code. RENOVATION – Any physical change made on buildings/structures to increase the value, quality, and/or to improve the aesthetic. REPAIR – Remedial work done on any damaged or deteriorated portion/s of building/structure to restore to its original condition. SECRETARY – Head or Chief Executive Officer of DPWH. STAFF – The personnel of the National Building Code Development Office (NBCDO). 2. As used in this IRR, other words, terms and phrases enumerated in the Glossary hereof shall have the meaning or definition correspondingly provided therein. 14  RULE II – ADMINISTRATION AND ENFORCEMENT SECTION 201. Responsibility for Administration and Enforcement The administration and enforcement of the provisions of the Code and this IRR, including the imposition of penalties for administrative violations thereof, is hereby vested in the Secretary. SECTION 202. Technical Staff The National Building Code Development Office (NBCDO) created through DPWH Department Order, shall serve as the technical staff of the Secretary. The functions thereof are as follows: 1. Assist the Secretary in the administration and enforcement of the provisions of the Code and its IRR. 2. Review, evaluate and take final action on various technical and legal problems forwarded to the Office of the Secretary. 3. Conduct seminar/workshops on the Code, its IRR, and Batas Pambansa Blg. 344 (Accessibility Law). 4. Undertake such other duties and tasks as may be assigned by the Secretary from time to time. SECTION 203. General Powers and Functions of the Secretary 1. Formulate policies, plans, standards and guidelines on building design, construction, use, occupancy and maintenance, in accordance with the Code. 2. Issue and promulgate additional rules and regulations in the form of Memorandum Circulars to implement the provisions of the Code and ensure compliance with policies, plans, standards and guidelines and issue office guidelines or Memorandum Circulars to guide the actions of the Building Official in the performance of his duties and responsibilities. 3. Exercise appellate jurisdiction over the decisions and orders of the Building Official. The order or decision of the Secretary shall be final and executory subject only to review by the Office of the President of the Republic. 4. Evaluate, review, approve and/or take final action on changes and/or amendments to existing Referral Codes as well as on the incorporation of other referral codes, which are not yet expressly made supplementary to the Code and its IRR. 5. Prescribe and impose the amount of fees and other charges as may be deemed necessary that the Building Official shall collect in connection with the performance of regulatory functions. 6. Appoint a Building Official, separate and distinct from the Office of the City/Municipal Engineers in all Cities and Municipalities. SECTION 204. Professional and Technical Assistance The Secretary may secure professional, technical, scientific and other services including testing laboratories and facilities from other agencies of the National Government when deemed necessary. He may also engage and compensate within available appropriations, such number of consultants, experts and advisers on full or part-time basis, as may be necessary, coming from the government or private business, entities or associations to carry out the provisions of the Code and this IRR. 15 SECTION 205. Building Officials Except as otherwise provided herein, the Building Official shall be responsible for carrying out the provisions of the Code in the field as well as the enforcement of orders and decisions made pursuant thereto. All Building Officials appointed or designated other than by the Secretary, shall continue to act as the Building Official until such time that the Secretary appoints the Building Official. Offices of the Building Officials already established, separate and distinct from the office of the City/Municipal Engineers in cities and municipalities may continue to exist until such time that a regular office is created. (Fig. II.1.) SECTION 206. Qualifications of Building Officials No person shall be appointed as Building Official unless he possesses the following qualifications: 1. A Filipino citizen and of good moral character. 2. A duly registered architect or civil engineer. 3. A member of good standing of a duly accredited organization of his profession for not less than five (5) years endorsed or recommended by the accredited professional organization. 4. Has at least five (5) years of diversified and professional experience in building design and construction. 5. Has attended and successfully completed a seminar workshop on PD 1096 and its IRR conducted by the DPWH. SECTION 207. Duties of the Building Official The Building Official shall have the following duties: 1. Be primarily responsible for the enforcement of the provisions of the Code and its IRR, as well as circulars, memoranda, opinions and decisions/orders issued pursuant thereto. His actions shall always be guided by appropriate orders/directives from the Secretary. 2. Have overall administrative control and/or supervision over all works pertinent to buildings/structures in his area of responsibility and shall be charged with the processing of all permit applications and certificates as well as the issuance of the same. 3. Ensure that all changes, modifications, and alterations in the design plans during the construction phase shall not start until the modified design plan has been evaluated and the necessary amendatory permit issued. 4. Undertake annual inspections of all buildings/structures and keep an up-to-date record of their status. 16 Figure II.1. 17 5. Upon complaint or motu propio and after due notice/s and hearing, initiate action towards: a. Non-issuance, suspension, revocation and/or invalidation of a building permit or certificate of occupancy; b. Issuance of work stoppage order, or an order for discontinuance of the use or occupancy of the building/structure or portion thereof; c. Declaration of a building/structure as ruinous or dangerous; and/or d. The imposition of appropriate fines/penalties. 6. Submit a quarterly situational report to the Secretary through the NBCDO, on the status of all existing, on-going, and proposed public as well as private building/structure activities. (See Communication Flow Chart, Fig. II.2.) 7. Undertake such other duties and tasks as may be assigned by the Secretary from time to time. SECTION 208. Fees 1. The Secretary, thru Memorandum Circulars, shall prescribe the rates of fees and formulate guidelines in the imposition and collection of fees. 2. Subject to existing budgetary, accounting and auditing rules and regulations, the Building Official shall retain not more than 20% of the income/collection derived from permit fees and other charges for the operating expenses of his office. The remainder of 100% shall accrue to the general fund of the respective city/municipality. 3. Every Building Official shall keep a permanent record and accurate account of all fees and other charges fixed and authorized to be collected and received. SECTION 209. Exemption Public buildings and traditional indigenous family dwellings shall be exempt from payment of building permit fees. As used in the Code, the term “traditional indigenous family dwelling” means a dwelling intended for the use and occupancy by the family of the owner only and constructed of native materials such as bamboo, nipa, logs, or lumber, the total cost of which does not exceed fifteen thousand pesos (P 15,000.00). SECTION 210. Use of Income from Fees The procedure for the proper reporting and recording of collections and disbursements of the funds of the General Fund Special Account 151 of the Office of the Secretary of the Department of Public Works and Highways (DPWH) is hereby prescribed. 1. Recording of Collections a. Every Building Official shall keep a permanent record and accurate account of all fees and other charges fixed and authorized to be collected by him. b. The Order of Payment issued by the Building Official shall show the breakdown of the total collections indicating the share of the local government concerned - 80% and the share of the national government - 20%. 18 Figure II.2. 19  c. Every Building Official shall keep a separate record from the DPWH Central Office of all allotments (Special Allotment Release Order (SARO) and Notice of Cash Allocation (NCA), or Funding Checks), received by him out of budgeted amounts released by the Department of Budget and Management (DBM). The funds shall cover all the necessary operating expenses of the OBO, including the purchase of equipment, supplies and materials, traveling expenses, obligation expenses and sheriffs’ fees and payment of other prior years’ obligations not adequately funded, subject to existing budgetary and auditing rules and regulations. d. He shall render the reports required under the Centralized Accounting System. 2. Disposition of Collections a. The collection shall be made by the Local Treasurer, and the Official Receipt shall show the breakdown of the total collections indicating the share of the local government concerned - 80% and the share of the national government - 20%. b. Subject to existing budgetary, accounting and auditing rules and regulations, the Local Treasurer shall remit to the Bureau of the Treasury, the 20% of his collection. The remaining 80% shall be deposited with the Authorized Government Depository Bank (AGDB) for the account of the Local Government and shall accrue to the general funds of the City or Municipality concerned. c. Pursuant to Sec. 21, Volume I of the New Government Accounting System (NGAS) Manual as provided under COA Circular No. 2001-004 dated October 30, 2001, the Local Treasurer thru his collecting officer or cashier shall deposit the 80% share of collections to the AGDB for the account of the Local Government concerned. He shall remit the 20% of the collections to the Bureau of the Treasury thru any AGDB branch nearest the locality to the credit of the Department of Public Works and Highways (DPWH), Office of the Secretary with Code No. B5702 and Special Account No. 151. d. Distribution of validated remittance advices and deposit slips of the 20% collections thru any Authorized Government Depository Bank shall be in accordance with COA Circular 2001-004, to wit: Original - to be retained by the bank branch. Duplicate - to be submitted by the Local Treasurer to the OBO. Triplicate - to be retained by the bank branch for submission to the Provincial Treasury Fiscal Examiner assigned to the province where the bank is located. Quadruplicate - to be returned to the Local Treasurer for submission to the DPWH- Central Office (CO) Chief Accountant with his monthly report of collections. Quintuplicate - to be returned to the Local Treasurer for submission to the Field/Local Auditor. 20 e. The Local Treasurers and the Treasury Vault/Bank Auditor shall have the following responsibilities: i. Local Treasurer. Since the distribution of copies of the validated remittance advices and deposit slips for the Agency/Field Auditor of the Local Treasurers shall be undertaken by the National/Treasury/Bank Branch thru its Treasury Vault Auditor/Bank Auditor, all Local Treasurers shall indicate on the face of the remittance advice, the name and office address of their respective Agency/Field Auditors to facilitate matters. ii. Treasury Vault/Bank Auditor. Upon receipt of the validated remittance advices, the Treasury Vault Auditor/Bank Auditor shall confirm and transmit said remittance advices every end of the week to the corresponding agency/field auditor of the Local Treasurer concerned. In cases where there is no bank auditor assigned in a particular locality, confirmation shall be undertaken by the officer designated by the Head of the Bank branch. f. Reporting of Collections and Deposits At the close of each business day, the collecting officers (Local Treasurers) shall accomplish the Report of Collections and Deposits (RCD) in accordance with the NGAS Manual. The reports shall be prepared by the Local Treasurer in five copies, distributed as follows after verification by the field auditor: Original - to the DPWH-CO Auditor (thru the DPWH- CO Accountant for recording). Duplicate (with duplicate official - to the Field/Local Auditor for final custody. receipts and validated quintuplicate remittance advices) Triplicate (with validated quadruplicate - to the DPWH-CO Accountant (for remittance advices) posting to the corresponding subsidiary ledgers). Quadruplicate - to be retained by the Local Treasurer. Quintuplicate - local office accounting file. The Local Treasurer shall certify all the copies of the report and submit the first three (3) copies to his Field Auditor within three (3) days after the end of the month for audit. The Field Auditor shall verify the report, cross-check the remittances indicated therein against the quintuplicate copies of remittance advices he receives/received from the Bank Auditor and indicate his certification thereon and finally submits the original and triplicate copies thereof to the DPWH-CO Auditor thru the DPWH-CO Chief Accountant within five (5) days from date of receipt from the Local Treasurer. g. Crediting of Accounts of Local Treasurer In the monthly report of collections, specifically at the back thereof, is a statement of account current showing the accountability of the Local Treasurer. The DPWH-CO Chief Accountant shall cross- check the validated quadruplicate remittance advices attached to the duplicate copy of the monthly report of collections against the remittances made by the Local Treasurer with the National Treasury or any of its authorized depository banks as appearing in the statement of account current. After the 21  crosschecking, and in the absence of any discrepancy, the DPWH-CO Chief Accountant shall credit the account of the Local Treasurer even without the monthly abstract of remittances from the National Treasury. h. Safeguards i. Upon receipt of the monthly abstract of remittances from the National Treasury, the remittances appearing therein shall be counter checked by the DPWH-CO Chief Accountant against the credits already given the collecting officers concerned and any discrepancies discovered in the process shall be verified and adjusted immediately. ii. In case of retirement or resignation by the Local Treasurers, their clearances shall be held in abeyance until their remittances have been fully cleared by the National Treasury. i. Centralized Accounting System i. A centralized accounting system shall be maintained in the Office of the DPWH Secretary. Said office shall set up and maintain a separate set of books of accounts to be used solely for transactions pertaining to the implementation of the provisions of the National Building Code and its Implementing Rules and Regulations. ii. Upon receipt of the SARO and the corresponding NCA, the Office of the DPWH Secretary shall in turn allocate the same together with the NCA or Funding Check to the Building Officials, and at the same time obligate the allotment for the amount of expenditures. iii. All deputized disbursing officers shall render the following reports: Report of Checks Issued together with duplicate copies of checks issued for submission to the Treasury Provincial Fiscal Examiner in the region. Report of Checks Issued as required by the NGAS for entry in the Checks Disbursement Journal by DPWH-CO Chief Accountant. iv. The Department Chief Accountant shall adjust obligations quarterly to actual liquidations as required. v. Deputized disbursing officers shall keep a record to control NCA/Funding Check separate from other funds in his custody. vi. Deputized disbursing officers shall prepare other statements or reports as may be required from time to time by the proper authorities. vii. The Deputized Disbursing Officer (DDO) shall render a monthly report of accountability for checks issued during the month and the balance at the end of the month. Copies of said report shall be distributed as follows : Original - (Cash Operation Service) Duplicate - to the DPWH-CO Chief Accountant 22  Triplicate - to the Auditor, DPWH-CO Quadruplicate - Field Auditor Quintuplicate - File of Disbursing Officer viii. The deputized disbursing officer authorized to requisition blank Modified Disbursement System (MDS) or Commercial checks shall prepare and submit requisition and issue voucher, and the Invoice and Receipt of Accountable Forms which shall be distributed as follows: Original - Treasury Provincial Fiscal Examiner Duplicate - Cash Operations Service, Bureau of the Treasury Triplicate - COA Auditor of the DDO's Agency Quadruplicate - Accounting Unit of DDO Quintuplicate - DDO file Sextuplicate - Office of the Provincial/City Auditor Concerned j. Turnover of Accountability i. In case of change, transfer, resignation or retirement from the service of the Building Official, an inventory of all money and property accountabilities shall be taken jointly by the outgoing and incoming Building Official and a receipt passed on the basis of such inventory. Such inventory shall be certified as accurate by the said officers, witnessed by the local auditor thereat. ii. The preceding procedure shall also apply to a deputized disbursing officer other than the Building Official with respect to money and property accountabilities in his custody. iii. Application for clearance of the Building Official and other deputized disbursing officers shall be coursed to the Office of the DPWH Secretary, to check their unpaid obligations with the OBO. k. Other Provisions i. Compensation of consultants, experts and advisers whose services were secured shall be funded from the 20% income derived from the building permit fees and other charges. ii. Any circular/s that may subsequently be issued by the proper authorities revoking or amending provisions or certain portions of circular/s incorporated in the above rules and regulations shall automatically revoke or amend such corresponding portions that are inconsistent therewith. 23  SECTION 211. Implementing Rules and Regulations In the implementation of the provisions of the Code and its IRR, the Secretary shall formulate necessary rules and regulations and adopt design and construction standards and criteria for buildings and other structures. Such standards, rules and regulations shall take effect after their publication once a week for three consecutive weeks in a newspaper of general circulation. SECTION 212. Administrative Fines 1. Imposition of Administrative Fines a. The Secretary or his duly authorized representative may prescribe and impose fines not exceeding ten thousand pesos (P10, 000.00) in the following cases, subject to the terms and procedures as hereunder provided: i. Erecting, constructing, altering, repairing, moving, converting, installing or demolishing a private or public building/structure if without building/demolition permit. ii. Making any alteration, addition, conversion or repair in any building/structure/ appurtenances thereto constructed or installed before the adoption of the Code, whether public or private, without a permit. iii. Unauthorized change, modification or alteration during the construction in the duly submitted plans and specifications on which the building permit is based. iv. Non-compliance with the work stoppage order or notice and/or orders to effect necessary correction in plans and specifications found defective. v. Non-compliance with order to demolish building/structure declared to be nuisance, ruinous or dangerous. vi. Use or occupancy of a building/structure without Certificate of Occupancy/Use even if constructed under a valid building permit. vii. Change in the existing use or occupancy classification of a building/structure or portion thereof without the corresponding Certificate of Change of Use. viii. Failure to post or display the certificate of occupancy/use/operation in a conspicuous place on the premises of the building/structure/appurtenances. ix. Change in the type of construction of any building/structure without an amendatory permit. b. In addition to the imposed penalty, the owner shall correct/remove his violations of the provisions of the Code. 2. Determination of Amount of Fines a. In the determination of the amount of fines to be imposed, violations shall be classified as follows: i. Light Violations (a) Failure to post Certificate of Occupancy/Use/Operation. (b) Failure to post Building Permit construction information sign. (c) Failure to provide or install appropriate safety measures for the protection of workers, inspectors, visitors, immediate neighbors and pedestrians. 24  ii. Less Grave Violations (a) Non-compliance with the work stoppage order for the alteration/addition/ conversion/repair without permit. (b) Use or occupancy of building/structure without appropriate Certificate of Occupancy/Use/Operation. iii. Grave Violations (a) Unauthorized change, modification or alteration during construction in the duly submitted plans and specifications on which the building permit is based. (b) Unauthorized change in type of construction from more fire-resistive to less fire- resistive. (c) Non-compliance with order to abate or demolish. (d) Non-compliance with work stoppage order for construction/demolition without permit. (e) Change in the existing use or occupancy without Certificate of Change of Occupancy/Use/Operation. (f) Excavations left open without any work being done in the site for more than one hundred twenty (120) days. b. Amount of Fines The following amount of fines for violations of the Code and this IRR is hereby prescribed: - P 5,000.00 Light Violations Less Grave Violations - P 8,000.00 Grave Violations - P 10,000.00 c. Penalty i. Without prejudice to the provisions of the preceding Sections, the Building Official is hereby also authorized to impose a penalty or surcharge in the following cases in such amount and in the manner as hereunder fixed and determined: For constructing, installing, repairing, altering or causing any change in the occupancy/use of any building/structure or part thereof or appurtenances thereto without any permit, there shall be imposed a surcharge of 100% of the building fees; Provided, that when the work in the building/structure is started pending issuance of the Building Permit by the Building Official, the amount of the surcharge shall be according to the following: Excavation for foundation………………………………… - 10% of the building permit fees Construction of foundation (including pile driving and laying of reinforcing bars)………………………………………. - 25% of the building permit fees Construction of superstructure up to 2.00 meters above established grade……….. - 50% of the building permit fees Construction of superstructure above 2.00 meters……………………………….. - 100% of the building permit fees 2.For failure to pay the annual inspection fee within thirty (30) days from the prescribed date, a surcharge of 25% of the inspection fee shall be imposed. 25 SECTION 213. Penal Provisions It shall be unlawful for any person, firm or corporation, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure or cause the same to be done contrary to or in violation of any provision of the Code. Any person, firm or corporation who shall violate any of the provisions of the Code and/or commit any act hereby declared to be unlawful shall upon conviction, be punished by a fine of not more than twenty thousand pesos or by imprisonment of not more than two years or by both such fine and imprisonment; Provided, that in the case of a corporation firm, partnership or association, the penalty shall be imposed upon its officials responsible for such violation and in case the guilty party is an alien, he shall immediately be deported after payment of the fine and/or service of his sentence. SECTION 214. Dangerous and Ruinous Buildings or Structures Dangerous buildings are those which are herein declared as such or are structurally unsafe or not provided with safe egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health or public welfare because of inadequate maintenance, dilapidation, obsolescence, or abandonment; or which otherwise contribute to the pollution of the site or the community to an intolerable degree. SECTION 215. Abatement of Dangerous Buildings When any building or structure is found or declared to be dangerous or ruinous, the Building Official shall order its repair, vacation or demolition depending upon the degree of danger to life, health, or safety. This is without prejudice to further action that may be taken under the provisions of Articles 482 and 694 to 707 of the Civil Code of the Philippines. The condition or defects that render any building/structure dangerous or ruinous are as follows: (See Procedure for Abatement/Demolition of Dangerous/Ruinous Buildings/Structures at the end of this Rule) 1. Structural Hazards a. Whenever any building/structure or portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before the catastrophe and is less than the minimum requirements of the National Structural Code of the Philippines (NSCP) for new buildings of similar structure, purpose or location. b. Whenever any portion or member or appurtenances thereof is likely to fall, or to become detached or dislodged or to collapse and thereby injure persons or damage property. c. Whenever any portion of a building/structure or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the NSCP for such type of buildings. d. Whenever any portion thereof has been wrecked, warped, buckled or settled to such an extent that the walls or other structural portions have materially less resistance to wind or earthquake than is required in the case of similar new construction. e. Whenever the building/structure or any portion thereof, because of: (1) dilapidation, deterioration or decay; (2) faulty construction; (3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay or inadequacy of its foundation; or (5) any other cause, is likely to partially or totally collapse. f. Whenever the exterior walls or other vertical structural member lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base. g. Whenever the building/structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its non- supporting members, enclosing or outside walls or coverings. 26  h. Whenever the building/structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: (1) an attractive nuisance to public; (2) a harbor for vagrants, criminals or immoral persons; or (3) a resort for purposes of committing unlawful or immoral acts. i. Whenever the building/structure which, whether or not erected in accordance with all applicable laws or ordinances, has in any non-supporting part, member or portion, less than 50% or in any supporting part, member or portion less than 66% of the: (1) strength; (2) fire-resisting qualities or characteristics; (3) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. j. Whenever any portion of a building/structure remains on the site after its demolition or whenever any building/structure or portion thereof is abandoned for a period in excess of twelve (12) months so as to make it a nuisance or hazard to the public. 2. Fire Hazards a. Any building/structure or portion thereof, device, apparatus, equipment material, or vegetation which may cause fire or explosion, or provide a ready fuel or augment the speed and intensity of fire or explosion arising from any cause. b. All buildings/structures or portions thereof not provided with the required fire-resistive or fire- protective construction or fire-extinguishing system or equipment. c. Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire and panic. d. Whenever any building/structure, because of obsolescence, dilapidated condition, deterioration, damaged, inadequate exits, lack of sufficient fire-resistive construction, hazardous electric wiring, gas connections or heating apparatus, or other cause, in violation of the Fire Code of the Philippines (PD 1185). 3. Unsafe Electrical Wiring a. All wiring systems or installations which do not conform to the rules and regulations embodied in the latest Philippine Electrical Code. b. Inadequately maintained or improperly used electrical wirings, outlets, devices and/or equipment. 4. Unsafe Mechanical Installation a. Mechanical systems or installations which do not conform to the rules and regulations embodied in the Philippine Mechanical Code. b. Inadequately maintained or improperly used mechanical outlets, devices and/or equipment. c. Lack of or improper operation of required ventilating equipment or air-conditioning systems. d. Improperly installed or lack of protection and safety provisions on steam, gas and fuel supply lines. 5. Inadequate Sanitation/Plumbing and Health Facilities a. All sanitation and plumbing systems or installations which do not conform to the rules and regulations embodied in the Code on Sanitation of the Philippines and the Revised National Plumbing Code. b. Inadequately maintained or improperly used sanitation and plumbing facilities. c. Infestation of insects, vermin or rodents and lack of adequate control for the same. d. Lack of adequate garbage and rubbish storage and removal or disposal facilities. e. Source of pollution. 27 6. Architectural Deficiency a. All buildings/structures or portion thereof used or occupied for purposes other than their intended uses. b. Improper/Unauthorized Occupancy/Location. c. Insufficient amount of natural light and ventilation due to inadequate open spaces such as courts and yards as required. d. Inadequate sizes of rooms and space dimensions and window openings. e. Dilapidated, blighted and other unpresentable buildings/structures against generally accepted aesthetic standards. SECTION 216. Other Remedies The rights, actions and remedies provided in the Code and in the IRR shall be in addition to any and all other rights of action and remedies that may be available under existing laws. 28  PROCEDURE IN ENFORCING ADMINISTRATIVE SANCTIONS 1. The Building Official, motu propio or upon complaint, and after the notice and/or hearing, initiates action towards the non-issuance, suspension, revocation or invalidation of a building permit/certificate of occupancy, issuance of a work stoppage or an order for the discontinuance of the use/occupancy of a building/structure or portion thereof and/or the imposition of appropriate fines under Section 212, Rule II of this IRR. 2. In case of a protest against a pending application or complaint alleging violation of any terms and conditions of a building permit/certificate of occupancy, or any provisions of the Code and this IRR, the Building Official shall immediately notify the respondent in writing and require him to submit a written explanation/answer within a period of not less than five (5) days from the receipt of notice. 3. If the explanation/answer of the respondent (applicant/permittee/building owner) is found satisfactory, the Building Official shall dismiss the protest/complaint. If found unsatisfactory, he shall personally conduct a formal investigation of the complaint, or designate an investigator to do the same. 4. In any contested case or investigation, all parties shall be entitled to notice and hearing. The notice shall be served at least five (5) days before the date of the hearing and shall state the date, time and place of the hearing. The parties shall also be given opportunity to present evidence and argument on all issues. 5. In any investigation, the Building Official shall have the power to require the attendance of witnesses as well as the production of documentary evidence and other pertinent data. 6. In any investigation, a. The Building Official may admit and give probative value to evidence as commonly accepted by reasonable prudent men in the conduct of their affairs. b. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, the parties shall be given opportunity to compare the copies with the original. If the original is in the official custody of a public officer, a certified true copy thereof may be accepted. c. Every party shall have the right to cross-examine witnesses and to submit rebuttal evidence. d. The investigator may take notice of judicially cognizable facts and of generally cognizable technical/scientific facts within his or the witnesses’ specialized/ professional knowledge. 7. Whenever the Building Official suspects that a building/structure poses imminent danger or risk to life, limb or property and the public welfare, he shall immediately send an inspection team to conduct a detailed inspection of the building/structure. The team shall submit a report within ten (10) days. 8. Based on the findings and recommendations of the inspection team, in accordance with any or all of the conditions enumerated under Section 215, Rule II of this IRR, the Building Official may direct or order the closure of the building/structure. 9. The Building Official shall order the lifting of the closure only after the defects/deficiencies of the subject building/structure have been duly corrected. 10. Every decision, order or notice of non-issuance, suspension or revocation of a building permit/certificate of occupancy shall be in writing, and shall state specifically the reason/s or ground/s therefor. The Building Official shall decide each case within fifteen (15) days following the termination of the investigation. The parties concerned shall be notified of the decision in writing by courier or by registered mail. 11. The order of the Building Official shall become final and executory fifteen (15) days after receipt of a copy thereof by the party adversely affected unless within that period, an administrative appeal has been 29  perfected. In which case, the fifteen (15) day period shall be suspended accordingly. If the motion for reconsideration is denied, the movant shall have the right to perfect his appeal during the remainder of the period for appeal, reckoned from the date of receipt of the resolution of denial. If the order/decision is reversed on reconsideration, the aggrieved party, if there is any, shall have fifteen (15) days from the receipt of the resolution within which to perfect his appeal. 12. Within fifteen (15) days from the date of receipt of notice or advice of the non-issuance, suspension or revocation of permit/certificate of occupancy or any order/decision of the Building Official, the applicant/permittee or any adversely affected party may file an appeal directly with the Secretary. For this purpose, the Secretary may secure the technical assistance of the NBCDO to initially act on the appeal. 13. The order/decision of the Secretary in any case brought to him on appeal shall be final and shall become executory fifteen (15) days after the receipt by the parties concerned. 14. For the enforcement and execution of any of his orders/decisions, the Building Official may secure the assistance of the local police or any peace officer in the locality or area where the building/structure is located, in accordance with the Memorandum of Agreement between the DILG and DPWH. 15. The rights, actions, remedies and procedures herein are without prejudice to further action that may be taken by the Building Official under the provisions of Articles 482 and 694 to 707 of the Civil Code of the Philippines. Furthermore, all other rights and remedies that may be available under existing laws shall, if applicable, have a supplementary effect thereto. 30  PROCEDURE FOR ABATEMENT/DEMOLITION OF DANGEROUS/RUINOUS BUILDINGS/ STRUCTURES 1. There must be a finding or declaration by the Building Official that the building/structure is a nuisance, ruinous or dangerous. 2. Written notice or advice shall be served upon the owner and occupant/s of such finding or declaration giving him at least fifteen (15) days within which to vacate or cause to be vacated, repaired, renovated, demolished and removed as the case may be, the nuisance, ruinous or dangerous building/structure or any part or portion thereof. 3. Within the fifteen (15) day period, the owner may, if he so desires, appeal to the Secretary the finding or declaration of the Building Official and ask that a re-inspection or re-investigation of the building/structure be made. 4. In case the owner should ask the Building Official for a reconsideration on his order, same shall be given not more than not more than fifteen (15) days within which to render his final decision appealable to the Office of the Secretary. 5. If the appeal is meritorious, the Secretary may designate a competent representative/s other than the Building Official to undertake the re-inspection or re-investigation of the building/structure. The representative/s so designated shall make or complete his/their report/s within the period of thirty (30) days from the date of termination of re-inspection or re-investigation. 6. If after re-inspection, the finding is the same as the original one, the Secretary through the Building Official shall notify the owner, giving him not more than fifteen (15) days from receipt of notice with affirmed finding to vacate or cause to be vacated and make necessary repair, renovation, demolition and removal of the subject building/structure or parts thereof, as the case may be. 7. If the Building Official has determined that the building/structure must be repaired or renovated, the Order to be issued shall require that all necessary permits therefor be secured and the work be commenced physically within such reasonable time as may be determined by the Building Official. 8. If the Building Official has determined that the building/structure must be demolished, the Order shall require that the building/structure be vacated within fifteen (15) days from the date of receipt of the Order; that all required permits be secured therefor within the same fifteen (15) days from the date of the Order, and that the demolition be completed within such reasonable time as may be determined by the Building Official. 9. The decision of the Secretary on the appeal shall be final. 10. Upon failure of the owner to comply with the Order of the Building Official or of the Secretary, in case of appeal, to repair, renovate, demolish and remove the building/structure or any part thereof after fifteen (15) days from the date of receipt of the Order, the Building Official shall cause the building or structure to be repaired, renovated, demolished and removed, partly or wholly, as the case may be, with all expenses therefor chargeable to the owner. 11. The building/structure as repaired or in case of demolition, the building materials gathered after the demolition thereof shall be held by the OBO until full reimbursement of the cost of repair, renovation, demolition and removal is made by the owner which, in no case, shall extend beyond thirty (30) days from the date of completion of the repair, renovation, demolition and removal. After such period, said building materials of the building thus repaired, renovated or removed shall be sold at public auction to satisfy the claim of the OBO. Any amount in excess of the claim of the government realized from the sale of the building and/or building materials shall be delivered to the owner. 12. The procedures, actions and remedies herein are without prejudice to further action that may be taken by the Building Official against the owner/occupants of the building/structure found or declared to be nuisance/s, dangerous, and/or ruinous under the provisions of Articles 482 and 694 to 707 of the Civil Code of the Philippines. 31  RULE III - PERMITS AND INSPECTION SECTION 301. Building Permits 1. No person, firm or corporation, including any agency or instrumentality of the government shall construct, alter, repair, convert, use, occupy, move, demolish and add any building/structure or any portion thereof or cause the same to be done, without first obtaining a building permit therefor from the Building Official assigned in the place where the subject building/structure is located or to be done. The prescribed application for building permit form (NBC Form B-01) shall be used by all applicants. 2. Permits supplementary to a Building Permit shall be applied for and issued by the Building Official. These include Ancillary and the Accessory Permits. a. Ancillary Permits The Ancillary Permits duly signed and sealed by the corresponding professionals and the plans and specifications shall be submitted together with the duly notarized application for Building Permit. The Building Permit is null and void if not accompanied by the Ancillary Permits. The prescribed Ancillary and other Accessory Permits/forms shall likewise be used whenever applicable. The Ancillary Permits are the following: i. Architectural Permit ii. Civil/Structural Permit iii. Electrical Permit iv. Mechanical Permit v. Sanitary Permit vi. Plumbing Permit vii. Electronics Permit b. Accessory Permits i. Accessory Permits are issued by the Building Official for accessory parts of the project with very special functions or use which are indicated in the plans and specifications that accompany the building permit application. These may include, among others: bank and records vaults; swimming pools; firewalls separate from the building/structure; towers; silos; smokestacks; chimneys; commercial/industrial fixed ovens; industrial kilns/furnaces; water/waste treatment tanks, septic vaults; concrete and steel tanks; booths, kiosks and stages; and tombs, mausoleums and niches. ii. Accessory Permits are issued by the Building Official for activities being undertaken prior to or during the processing of the building permit. The coverage is spelled out in the accessory permit form including the expiry period. These shall be signed by the concerned owner/applicant and by the concerned professionals. These permits include, among others, ground preparation and excavation, encroachment of foundation to public area, fencing, for fence not exceeding 1.80 meters high, sidewalk construction, temporary sidewalk enclosure and occupancy, erection of scaffolding, erecting, repair, removal of sign; and demolition. 32 3. Exemption From Building Permits A building permit shall not be required for the following minor constructions and repairs, provided these shall not violate any provision of the Code and this IRR. a. Minor Constructions i. Sheds, outhouses, greenhouses, children’s playhouses, aviaries, poultry houses and the like, not exceeding 6.00 sq. meters in total area, provided they are completely detached from any other building and are intended only for the private use of the owner. ii. Addition of open terraces or patios resting directly on the ground, not exceeding 20.00 sq. meters in total floor area, exclusively for the private use of the owner. iii. Installation of window grilles. iv. Garden pools for the habitation of water plants and/or aquarium fish not exceeding 500 millimeters in depth and exclusively for private use. v. Garden masonry walls other than party walls not exceeding 1.20 meters in height, footpaths, residential garden walks and/or driveways. b. Repair Works i. Repair works not affecting or involving any structural member, such as replacement of deteriorated roofing sheets or tiles, gutters, downspouts, fascias, ceilings and/or sidings. ii. Repair and/or replacement of non load-bearing partition walls. iii. Repair and/or replacement of any interior portion or a house not involving addition or alteration. iv. Repair and/or replacement work of doors and windows. v. Repair and/or replacement work of flooring. vi. Repair of perimeter fence and walls. vii. Repair and/or replacement of plumbing fixtures, fittings or pipings, such as toilet bowls, sinks, lavatories, urinals, bidets, pipes, faucets, valves for single detached dwellings and duplexes. SECTION 302. Application for Permits 1. Any person desiring to obtain a building permit and any ancillary/accessory permit/s together with a Building Permit shall file application/s therefor on the prescribed application forms. 2. Together with the accomplished prescribed application form/s, the following shall be submitted to the OBO: a. In case the applicant is the registered owner of the lot: i. Certified true copy of OCT/TCT, on file with the Registry of Deeds, ii. Tax Declaration, and iii. Current Real Property Tax Receipt. b. In case the applicant is not the registered owner of the lot, in addition to the above; duly notarized copy of the Contract of Lease, or Deed of Absolute Sale. 33 3. Five (5) sets of survey plans, design plans, specifications and other documents prepared, signed and sealed over the printed names of the duly licensed and registered professionals (Figs. III.1. and III.2.): a. Geodetic Engineer, in case of lot survey plans; b. Architect, in case of architectural documents; in case of architectural interior/interior design documents, either an architect or interior designer may sign; c. Civil Engineer, in case of civil/structural documents; d. Professional Electrical Engineer, in case of electrical documents; e. Professional Mechanical Engineer, in case of mechanical documents; f. Sanitary Engineer, in case of sanitary documents; g. Master Plumber, in case of plumbing documents; h. Electronics Engineer, in case of electronics documents. 4. Architectural Documents a. Architectural Plans/Drawings i. Vicinity Map/Location Plan within a 2.00 kilometer radius for commercial, industrial, and institutional complex and within a half-kilometer radius for residential buildings, at any convenient scale showing prominent landmarks or major thoroughfares for easy reference. ii. Site Development Plan showing technical description, boundaries, orientation and position of proposed building/structure in relation to the lot, existing or proposed access road and driveways and existing public utilities/services. Existing buildings within and adjoining the lot shall be hatched and distances between the proposed and existing buildings shall be indicated. iii. Perspective drawn at a convenient scale and taken from a vantage point (bird’s eye view or eye level). iv. Floor Plans drawn to scale of not less than 1:100 showing: gridlines, complete identification of rooms or functional spaces. v. Elevations, at least four (4), same scale as floor plans showing: gridlines; natural ground to finish grade elevations; floor to floor heights; door and window marks, type of material and exterior finishes; adjoining existing structure/s, if any, shown in single hatched lines. vi. Sections, at least two (2), showing: gridlines; natural ground and finish levels; outline of cut and visible structural parts; doors and windows properly labeled reflecting the direction of opening; partitions; built-in cabinets, etc.; identification of rooms and functional spaces cut by section lines. vii. Reflected ceiling plan showing: design, location, finishes and specifications of materials, lighting fixtures, diffusers, decorations, air conditioning exhaust and return grills, sprinkler nozzles, if any, at scale of at least 1:100. 34  STANDARD FORM (Type A0, A1, A2 and A3) FOR BUILDING PLANS / CONSTRUCTION DRAWINGS Figure III.1. PRC No.. Validity IAPOA No. O.R. No. Date PTR No. Date Place TIN MODEL TITLE BLOCK FOR BUILDING PLANS/CONSTRUCTION DRAWINGS Figure III.2. 35  viii. Details, in the form of plans, elevations/sections: (a) Accessible ramps (b) Accessible stairs (c) Accessible lifts/elevators (d) Accessible entrances, corridors and walkways (e) Accessible functional areas/comfort rooms (f) Accessible switches, controls (g) Accessible drinking fountains (h) Accessible public telephone booths (i) Accessible audio visual and automatic alarm system (j) Accessible access symbols and directional signs (k) Reserved parking for disabled persons (l) Typical wall/bay sections from ground to roof (m) Stairs, interior and exterior (n) Fire escapes/exits (o) Built-in cabinets, counters and fixed furniture (p) All types of partitions ix. Schedule of Doors and Windows showing their types, designations/marks, dimensions, materials, and number of sets. x. Schedule of Finishes, showing in graphic form: surface finishes specified for floors, ceilings, walls and baseboard trims for all building spaces per floor level. xi. Details of other major Architectural Elements. b. Architectural Interiors/Interior Design i. Space Plan/s or layout/s of architectural interior/s. ii. Architectural interior perspective/s. iii. Furniture/furnishing/equipment/process layout/s. iv. Access plan/s, parking plan/s and the like. v. Detail design of major arc