Philippine Interior Design Act of 2012 PDF

R A10350 PHILIPPINE INTERIOR DESIGN ACT OF 2012 Prepared by: IDr. Diane Arnette B. Reyes August 2024 REPUBLIC ACT NO. 10350 AN ACT TO REGULATE AND MODERNIZE THE PRACTICE OF THE INTERIOR DESIGN IN THE PHILIPPINES, REPEALING FOR THE PURPOSE REPUBLIC ACT NUMBERED 8534, OTHERWISE KNOWN AS "AN ACT REGULATING THE PRACTICE OF INTERIOR DESIGN IN THE PHILIPPINES", APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES ARTICLE I TITLE, POLICY, OBJECTIVES, TERMS AND SCOPE OF PRACTICE Section 1. Title. – This Act shall be known as the "Philippine Interior Design Act of 2012″. ARTICLE I TITLE, POLICY, OBJECTIVES, TERMS AND SCOPE OF PRACTICE Section 2. Statement of Policy. – The State recognizes the important role of the interior design profession in nation building. Towards this end, the State shall promote the sustained development of professional interior designers, whose technical competencies have been determined by honest and credible licensure examinations and whose standards of professional service and practice are internationally recognized and considered globally competitive, brought about by regulatory measures and human resource programs and activities that foster their professional growth and advancement. ARTICLE I TITLE, POLICY, OBJECTIVES, TERMS AND SCOPE OF PRACTICE Section 3. Objectives. –This Act provides for and shall govern: (a) The examination, registration and licensure of professional interior designers; (b) The supervision, control and regulation of the practice of interior design; (c) The development of the professional competence of interior designers through continuing professional education; and (d) The integration of the interior design profession. ARTICLE I TITLE, POLICY, OBJECTIVES, TERMS AND SCOPE OF PRACTICE Section 4. Definition of Terms. – For purposes of this Act, the following terms are hereby defined: (a) Interior design refers to the science and art of planning, specifying, selecting and organizing the surface finishes and materials including furniture, furnishings and fixtures and other interior design elements for the purpose of the interior space allocations to suit, enhance and meet the intended function, movement and character for which the interior of the building is designed. (b) Professional interior designer refers to a natural person who holds a valid certificate of registration and a valid professional identification card issued by the Board and the Commission pursuant to this Act. (c) Commission refers to the Professional Regulation Commission. ARTICLE I TITLE, POLICY, OBJECTIVES, TERMS AND SCOPE OF PRACTICE Section 5. Scope of the Professional Practice of Interior Design. –The practice of interior design is the act of planning, designing, specifying, supervising and providing general administration and responsible direction to the functional, orderly and aesthetic arrangement and enhancement of interior spaces. It shall include, but not be limited to, the following activities: (a) Consultation, advice, direction, evaluation, budgetary estimates and appraisals; (b) Schematic interior design development, design development, execution of professional contract documents and programming of construction phases; ARTICLE I TITLE, POLICY, OBJECTIVES, TERMS AND SCOPE OF PRACTICE (c) Preparation of interior design plans, design drawings, interior construction details, and technical specifications; (d) Interior construction administration, supervision, coordination of alteration, preservation or restoration of interior spaces; and (e) All other works, projects and activities that require the professional competence of the interior designer, including teaching of interior design subjects. ARTICLE I TITLE, POLICY, OBJECTIVES, TERMS AND SCOPE OF PRACTICE The Board, subject to approval by the Commission, may revise, exclude from, or add to, the above enumerated acts or activities as the need arises to conform to the latest trends and developments in the practice of interior design. ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN Section 6. Creation and Composition of the Board of Interior Design. – There is hereby created a Professional Regulatory Board of Interior Design, hereinafter referred to as the Board, under the administrative control and supervision of the Professional Regulation Commission (PRC), hereinafter referred to as the Commission, to be composed of a Chairman and two (2) members to be appointed by the President of the Philippines from a list of two (2) recommendees for each position submitted by the Commission, who in turn will be drawn from a list of three (3) to five (5) nominees for each position recommended by the duly Accredited and Integrated Professional Organization (AIPO) of Interior Designers. The new Board shall be created within six (6) months from the effectivity of this Act. ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN Section 7. Qualifications of the Chairman and Members. – The Chairman and members of the Board shall, at the time of their appointment, possess the following qualifications: (a) Must be a citizen and resident of the Philippines; (b) Must be a degree holder of Bachelor of Science in Interior Design (BSID), Bachelor of Interior Design (BID) or Bachelor of Fine Arts (BFA), major in Interior Design, or an equivalent degree conferred by a school, academy, college or university in the Philippines or abroad that is recognized and/or accredited by the Philippine government; (c) Must be a registered interior designer with a valid certificate of registration and professional identification card and an active practitioner of interior design for not less than ten (10) years prior to appointment; ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN (d) Must not be a member of the faculty of any school, where a regular course in Interior Design is being taught, or have pecuniary interest in, or administrative supervision over any such institution of learning; (e) Must not be connected with a review center or with any group giving review classes or lectures in preparation for the licensure examination; (f) Must be a member in good standing of the duly accredited professional organization of interior designers but not an incumbent trustee or officer thereof; and (g) Has never been convicted of a crime involving moral turpitude, or a civil and/or criminal offense. ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN Section 8. Term of Office. – The members of the Board shall hold office for a term of three (3) years from the date of appointment or until their successors shall have been appointed and qualified. They may be reappointed for another term of three (3) years immediately upon the expiration of their term: Provided, That no member shall hold office for more than six (6) years in his position as a Chairman or as a member of the Board. Of the members to be appointed for the new Board under this Act: one (1) member shall hold office as Chairman for three (3) years; one (1) member for two (2) years; and one (1) member for one (1) year. Each member of the Board shall take the proper oath prior to assumption of duty. ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN Section 9. Compensation of the Board Members. –The Chairman and members of the Board shall receive compensation and allowances comparable to the compensation and allowances received by existing regulatory boards under the Commission as provided for in the General Appropriations Act. ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN Section 10. Powers, Functions, Duties and Responsibilities of the Board. –The Board shall exercise the following specific powers, functions, duties and responsibilities: (a) Adopt, promulgate and administer the rules and regulations necessary for carrying out the provisions of this Act; (b) Supervise and regulate the registration, licensure and practice of the professional interior designers in the Philippines; (c) Administer oaths in connection with the administration of this Act; ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN (d) Issue, suspend, revoke or reinstate the certificate of registration or professional license for the practice of the interior design profession; (e) Adopt an official seal of the Board; (f) Monitor the conditions affecting the practice of interior design and adopt such measures as may be deemed proper for the enhancement of the profession and/or the maintenance of high professional, ethical and technical standards; (g) Ensure, in coordination with the Commission on Higher Education (CHED), that all other educational institutions offering interior design comply with the policies, standards and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library and facilities; ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN (h) Prescribe and adopt a Code of Ethics and/or Code of Professional Standards for the practice of the interior design profession; (i) Hear and try administrative cases involving violations of this Act, its implementing rules and regulations (IRR), the Code of Professional Standards for the practice of the interior design profession and, for this purpose, to issue subpoena and subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith; (j) Prescribe guidelines for the Continuing Professional Education (CPE) program for interior designers in coordination with the accredited professional organization of interior designers; ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN (k) Prepare, adopt and issue the Table of Specifications (TOS) and syllabi of the subjects for examination in the professional licensure examination for interior designers. Determine and prepare the questions for the examination, which shall strictly be within the scope of the syllabi of the subjects of examination; and (l) Discharge such other duties and functions as may be deemed necessary for the enhancement of the interior design profession and the upgrading, development and growth of interior design education in the Philippines. ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN Section 11. Grounds for Removal or Suspension of Board Chairman/Member. – The President of the Philippines, upon the recommendation of the Commission, after giving the Chairman or the member of the Board an opportunity to defend himself/herself in an administrative investigation conducted by the Commission, may remove or suspend him/her on any of the following grounds: (a) Gross neglect, incompetence or dishonesty in the discharge of his/her duty; (b) Commission of the prohibited acts and/or violation of the provisions or commissions of the offenses and/or grounds for disciplinary action provided in this Act and in the Revised Penal Code, the Anti-Graft and Corrupt Practices Act, and other related laws; (c) Manipulation or rigging of the licensure examination for interior designers, tampering with the results, disclosure of secret and confidential information relating to the examination prior to the conduct thereof or manipulation/ padding/shaving of grades and similar acts; and (d) Conviction of an offense involving moral turpitude. ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN The Commission, in the conduct of the investigation, shall be guided by Section 7(s) of Republic Act No. 8981, otherwise known as "The PRC Modernization Act of 2000″, the rules on administrative investigation and the applicable provisions of the Revised Rules of Court. ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN Section12. Administrative Supervision of the Board, Custodian of its Records, Secretariat and Support Services. –The Board shall be under the administrative supervision of the Commission. All records of the Board, including applications for examination, administrative and other investigative cases conducted by the Board shall be under the custody of the Commission. The Commission shall designate the secretary of the Board and shall provide the secretariat and other support services to implement the provisions of this Act. ARTICLE II THE PROFESSIONAL REGULATORY BOARD OF INTERIOR DESIGN Section 13. Annual Report. –The Board shall, at the close of each calendar year, submit an annual report to the President of the Philippines, through the Commission, giving a detailed account of its proceedings and accomplishments during the year and making recommendations for the adoption of measures that will upgrade and improve the conditions affecting the practice of interior design. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 14. Passing of Licensure Examination Requirement. – Except as otherwise specifically allowed under this Act, applicants for registration for the practice of interior design shall be required to pass a professional licensure examination as provided for in this Act in such places and on such dates as the Commission may designate in accordance with the provisions of Section 7(d) of Republic Act No. 8981. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 15. Qualifications of Applicants. –An applicant for the licensure examination for interior designers shall satisfactorily prove that he/she possesses the following qualifications: (a) Citizen of the Philippines or a foreign citizen whose country/state has a policy reciprocity with the Philippines in the practice of interior design; (b) Of good moral character; ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE (c) A holder of any of the following: (i) A degree in interior design obtained from a reputable institution of learning in the Philippines recognized by the government and affiliated with a school/college/university duly recognized or accredited by the CHED; (ii) A degree in interior design obtained from a reputable institution of learning in a foreign country/state: Provided, That the same is certified by the CHED as equivalent to a Bachelor of Science in Interior Design obtained in the Philippines; and (d) Not convicted of an offense involving moral turpitude by a court of competent jurisdiction. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 16. Subjects for Licensure Examination. – The examination for interior design shall basically cover the following subjects: (a) Interior Design; (b) Furniture Design and Construction; (c) Materials of Design and Decoration; (d) History of Arts and Interior Design; (e) Interior Construction and Utilities; (f) Color Theory; and (g) Professional Practice and Ethics. Subject to the approval of the Commission, the said subjects, their TOS and their syllabi may be amended by the Board in coordination with the CHED, so as to conform to technological changes brought about by continuing trends in the profession, in coordination with the accredited professional organization of interior design educators. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 17. Rating in the Licensure Examination. – To be qualified as having passed the Board examination for interior designers, a candidate must obtain a weighted general average of seventy percent (70%). ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 18. Report of Ratings. –The Board shall submit to the Commission the ratings obtained by each candidate within twenty (20) days after the examination unless extended by the Commission for just cause. Upon the release of the results of the examination, the Board shall send by mail the rating received by each examinee at his given address using the mailing envelope submitted during the examination. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 19. Oath. – All successful candidates in the examination shall be required to take an oath of profession before the Board or any government official authorized by the Commission to administer oaths prior to entering the practice of the interior design profession. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 20. Issuance of Certificate of Registration and Professional Identification Card. –A certificate of registration shall be issued to applicants who pass the examination for interior designers subject to payment of registration fees. The certificate of registration as professional interior designer shall bear the signatures of the Chairperson of the Commission and the Board members, stamped with the official seal, indicating that the person named therein is entitled to practice the profession with all the privileges appurtenant thereto. This certificate shall remain in full force and effect until withdrawn, suspended or revoked, in accordance with this Act. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE A certificate of registration bearing the registration number, date of issuance and expiry date, duly signed by the Chairman of the Board, shall likewise be issued to every registrant who has paid the required fees. This license will serve as evidence that the licensee can lawfully practice his/her profession. A professional identification card, whether new or for renewal, shall be released by the PRC upon compliance with the requirements for the application or renewal of identification card and upon presentation of the updated receipt of payment of annual membership dues of the accredited professional organization of interior designers and proof of completion of the CPE requirements. Once registered, the interior designer may use "IDr." as his/her official appendage title. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 21. Refusal to Register. – The Board shall not register any successful applicant for registration who has been: (a) Convicted of an offense involving moral turpitude by a court of competent jurisdiction; (b) Who has been found guilty of immoral or dishonorable conduct by the Board; (c) Adjudged guilty for violation of the General Instructions to Examinees by the Board; and/or (d) Declared of unsound mind by a court of competent jurisdiction. In refusing such registration, the Board shall give the applicant a written statement setting forth the reasons therefore and shall file a copy thereof in its records. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 22. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary/Special Permit. – The Board shall have the power, upon notice and hearing, to revoke or suspend the certificate of registration of a registered and licensed interior designer or to cancel a temporary/special permit granted to foreign interior designer, for violation of any grounds or causes in Section 21 of this Act, except (c) thereof and any of the following grounds: (a) Violation of any provision of this Act, its IRR, the Code of Ethics, the Code of Good Governance, the Code of Professional Standards for the practice of interior design as well as the policy measures promulgated by the Board and/or the Commission; (b) Perpetration and/or use of fraud in obtaining his/her certificate of registration, professional identification card or temporary/special permit; (c) Gross incompetence, negligence or ignorance resulting to death, injury or damage; (d) Refusal to join or to remain a member in good standing of the AIPO for interior designers; ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE (e) Neglect or failure to pay the annual registration fees for five (5) consecutive years; (f) Knowingly aiding or abetting the illegal practice of a nonregistered and licensed person by allowing him/her to use his/her certificate of registration and/or professional identification card and/or his/her temporary/special permit; (g) Illegally practicing the profession during his/her suspension from the practice thereof; (h) Addiction to a drug or alcohol abuse, impairing his/her ability to practice his/her profession or being declared of unsound mind by a court of competent jurisdiction; and (i) Noncompliance with the CPE requirements, unless he/she is exempted therefrom, for the renewal of his/her professional identification card. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE The Board shall periodically evaluate the aforementioned grounds and amend, modify, revise, exclude and/or add new ones as the circumstances and the developments in the profession may require, subject to approval of the Commission. Any person, firm or association may file charge/s in accordance with the provision of this section against any registered interior designer or the Board may motu proprio investigate violation of any of the abovementioned causes. Affidavit embodying the complaint shall be filed together with the affidavits of witnesses and other documentary evidence with the Board though the Legal and Investigation Office. Any motu proprio action of the Board to conduct an investigation shall be embodied in a formal charge to be signed by at least majority of the members of the Board. The rules on administrative investigation issued by the Commission shall govern the hearing or investigation subject to applicable provisions of this Act, Republic Act No. 8981 and the Revised Rules of Court. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 23. Reissuance of Revoked Certificate of Registration, Replacement of Lost or Damaged Certificate of Registration, Professional Identification Card or Temporary/ Special Permit. –The Board may, upon petition on meritorious grounds, reinstate or reissue a revoked certificate of registration after two (2) years from the date of effectivity of the period for revocation. The date of effectivity of the period of revocation shall be reckoned from the date of receipt by the respondent of the final order or resolution revoking his/her registration or the date of the surrender by the respondent of his/her certificate of registration and professional identification card, if it is still valid. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE The Board may not require the holder thereof to take another licensure examination. The petitioner shall prove to the Board that the ground or grounds for the revocation of his/her certificate of registration no longer exists. For the grant of his/her petition, the Board shall issue a Board Resolution subject to approval by the Commission. A duplicate copy of lost certificate of registration, professional identification card or temporary/special permit may be reissued in accordance with rules thereon and upon payment of the prescribed fee therefor. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 24. Nonpayment of the Annual Registration Fees. –The Board shall suspend a registered interior designer from the practice of his/her profession for nonpayment of the annual registration fees for five (5) consecutive years from his/her last or previous year of payment. The resumption of his/her practice shall take place only upon payment of the delinquent fees plus surcharges and interest and in accordance with the rules of the Commission. The running of the five (5)-year period may be interrupted upon written notice of the discontinuance of his/her practice and surrender of his/her certificate of registration and professional identification Card to the Board and/or the Commission. ARTICLE III EXAMINATION, REGISTRATION, CERTIFICATION AND LICENSURE Section 25. Vested Rights. – All practicing interior-designers who are registered at the time of the passage of this Act shall automatically be registered and issued certificates of registration, subject to existing rules and regulations. ARTICLE IV PRACTICE OF INTERIOR DESIGN Section 26. Lawful Practitioners of Interior Design. – The following persons shall be authorized to practice the interior design profession: (a) Natural persons who are: (1) Duly registered and licensed as interior designers and holders of valid certificates of registration and valid professional identification cards issued by the Board and the Commission pursuant to this Act; and (2) Holders of valid temporary/special permits issued by the Board and the Commission to foreign licensed interior designers pursuant to this Act. ARTICLE IV PRACTICE OF INTERIOR DESIGN (b) Juridical persons: (1) Single proprietorship owned by a registered and licensed interior designer; (2) General professional partnership duly registered with the Securities and Exchange Commission (SEC) as professional partnership pursuant to the Civil Code and composed of partners who are all duly registered and licensed interior designers; and (3) Corporation whose chief executive officer (CEO) and other key officers are all registered and licensed interior designers may be duly registered with the SEC as engaged in the practice of interior design. ARTICLE IV PRACTICE OF INTERIOR DESIGN Section 27. Issuance and Use of Seal. – A duly registered interior designer shall sign and affix the seal as approved and provided by the Board on all plans, specifications and contract documents prepared by him/her and/or under his/her direct supervision during the validity of his/her certificate of registration. Officers and/or employees of the government, chartered cities, provinces, municipalities now or hereafter charged with the enforcement of the laws, ordinances or regulations relating to the construction or alteration of the interiors of buildings shall accept only those interior plans, specifications and contract documents which have been prepared by or under the supervision of a duly licensed interior designer and signed and sealed by him/her and submitted in full accord with the provisions of this Act. Violation of the foregoing shall be ground for administrative and/or criminal action. ARTICLE IV PRACTICE OF INTERIOR DESIGN Section 28. Proprietary Rights. –An interior designer shall enjoy proprietary rights over all drawings and specifications and other contract documents prepared by him/her resulting from his/her professional labor and duly signed, stamped or sealed by him/her, as instruments of service, as well as over the original concepts and designs contained and/or included therein. No person may engage in any activity prejudicial to the proprietary rights of the interior designer, including the reproduction of the contract work or substantial portion thereof, making any alteration, distortion, mutilation, or other modification of, or any derogatory action in relation to, the contract work and the detailed works contained therein, without the written consent of the interior designer unless the said contract work is a commissioned piece of work duly paid for by the person or party who/which commissioned the same in which case the said person or party shall have the right to alter, revise and/or modify the drawing, specification, design, concept and/or contract works. ARTICLE IV PRACTICE OF INTERIOR DESIGN Section 29. Foreign Reciprocity. – No foreign interior designer shall be issued a certificate of registration to practice the interior design profession or be entitled to any of the rights and privileges under this Act unless the country of which he/she is a subject or citizen has a policy which permits Filipino interior designers to practice within its territorial limits on the same basis as the subjects or citizens of such foreign state or country. ARTICLE IV PRACTICE OF INTERIOR DESIGN Section 30. Practice Through Temporary/Special Permit. – (a) Foreigners intending to work in the Philippines to perform professional services as interior designers or consultants whether employed through official foreign-funded or foreign-assisted projects initiated by the government, or engaged by private Filipino or foreign contractors and/or firms shall first secure a temporary/special permit from the Commission through the Board specifically authorizing him/ her to practice on the special project or commission named therein: Provided, That: (1) He/She is legally and professionally qualified and registered to practice interior design in his/her own country; and (2) His/Her expertise is unique and useful to the Philippines, resulting in the transfer of information and technology, the establishment of international standards in design, and the sharing of other specialized skills. ARTICLE IV PRACTICE OF INTERIOR DESIGN (b) The foreign interior designer shall be required to work in every case with a duly licensed Filipino counterpart who has been in continuous practice of interior design for at least ten (10) years and whose competence and integrity have been established by the Board on the basis of uniform standards contained in their IRR. (c) The foreign and Filipino interior designers working jointly on a special project shall divide the professional fees and other charges from said project equitably, according to their participation in or professional services rendered to the project. Similarly, all documentation expenses, taxes and other liabilities incurred on the shared project shall also be borne equitably by both foreign and Filipino interior designers. ARTICLE IV PRACTICE OF INTERIOR DESIGN (d) Foreigners working jointly with Filipino interior designers shall sign contracts, designs and other credits together with his/her Filipino counterpart. Both foreign and Filipino interior designers shall at all times be acknowledged in all marketing and promotional materials and reportorial compliance for the project, whether prepared and/or submitted locally or abroad. All residual earnings shall also be equitably shared between foreign and local interior designers. (e) Foreign design firms or individuals practicing in the Philippines before the promulgation of this Act are required to comply with the requirements established by the Board in its IRR within the timetable it stipulates therein. (f) Any violation of these requirements or other illegal practices undertaken by either foreign design firms or their Filipino counterparts shall be punishable by law and/or the IRR issued by the Board. ARTICLE IV PRACTICE OF INTERIOR DESIGN Section 31. Indication of Numbers: Certificate of Registration, Professional Tax Receipt and AIPO Membership. – The interior designer shall be required to indicate his/her certificate of registration number and date of issuance, the expiry of his/her current professional identification card, the professional tax receipt number and its date of issuance, and his/her AIPO membership number and date with official receipt number and date of membership payment (annual/lifetime) on all the documents he/she signs, uses or issues in connection with the practice of his/her interior design profession. ARTICLE IV PRACTICE OF INTERIOR DESIGN Section 32. Roster of Interior Designers. – The Board shall prepare and maintain a roster of the names, residence and/or office address of all registered interior designers which shall be updated annually in cooperation with the AIPO, indicating therein the status of the certificate of registration, professional identification card and AIPO membership, whether valid, delinquent, suspended or surrendered or terminated due to death or other reasons. The said roster shall be conspicuously posted within the premises of the Commission and the information therefrom made available to the public upon inquiry or request. ARTICLE IV PRACTICE OF INTERIOR DESIGN Section 33. Integration of the Interior Designers. – The interior designers shall be integrated into one (1) national organization of interior designers that is duly registered with the SEC. The Board, subject to approval by the Commission, shall accredit the said organization as the one and only AIPO of interior designers. All interior designers whose names appear in the Registry Book of Interior Designers shall ipso facto or automatically become members thereof and shall receive therefrom all the benefits and privileges due to members upon payment of AIPO membership fees and dues. Membership in other organizations of interior designers shall not be barred. ARTICLE V FINAL PROVISIONS Section 34. Penal Clause. – The following acts shall be punished by a fine of not less than Three hundred thousand pesos (Php300,000.00) but not more than One million pesos (Php1,000,000.00) or imprisonment of not less than six (6) months but not more than three (3) years, or both fine and imprisonment, at the discretion of the court. ARTICLE V FINAL PROVISIONS (a) Local Practitioner. – (1) Practicing interior design, rendering work and consultations or rendering equivalent services as interior designer as defined in this Act or using the title "Interior Designer", "Interior Design Consultant", "Interior Design Stylist", or "Interior Design" or the official appendage title "IDr." in any signage, calling card, advertisement or any other mode of publicity without a valid certificate of registration and/or a valid professional identification card or a valid temporary/special permit; (2) Using or attempting to use the seal, certificate of registration and/or professional identification card of a registered interior designer or temporary/special permit issued to foreign professional; (3) Abetting the illegal practice of interior design by an unregistered or unauthorized person; and (4) Impersonating a registered interior designer or a holder of a temporary/special permit. ARTICLE V FINAL PROVISIONS (b) Foreign Practitioner/Firm. – The responsible officers of a foreign interior design firm and/or a foreigner who shall be found guilty of illegally practicing the interior design profession shall be penalized with a fine equivalent to thirty percent (30%) of their gross fees in addition to payment of back taxes due to the Philippine government, if any, and imprisonment of not less than six (6) months but not more than three (3) years, or both fine and imprisonment, as well as permanent ban from practice in the Philippines, at the discretion of the court. (c) Violation of any provision of this Act or the IRR thereof. ARTICLE V FINAL PROVISIONS Section 35. Civil Liability. – The interior designer shall assume full responsibility for the contract work within one (1) year from the final acceptance by the client and may be held responsible for any damage or destruction of the works except those occasioned by force majeure. The interior designer shall be fully responsible for the safety, protection, security and convenience of his clients/user, personnel, third parties, and the public at large, as well as the works, equipment installation and the like to be affected by his work. The liability period for defects in the projects shall be one (1) year from final acceptance by the client. During this period, the interior designer shall undertake the repair works, at his/her own expense, of any damage to the projects arising from his/her design and/or specifications, within forty-five (45) days from the time the client has issued a notification of the need to undertake repair. In case of failure or refusal to comply with this mandate, the client may undertake such repair works and shall be entitled to full reimbursement of expenses incurred therein upon demand. ARTICLE V FINAL PROVISIONS The failure of the responsible interior designer with the preceding paragraph shall be a ground for administrative disciplinary action for which he/she can be held liable for suspension or any appropriate penalty as may be determined by the Board. ARTICLE V FINAL PROVISIONS Section 36. Enforcement. – The Commission shall implement the concerned provisions of this Act, enforce the IRR as adopted by the Board, conduct investigations on complaints including violations of the Code of Conduct of the profession and prosecute the same when so warranted. ARTICLE V FINAL PROVISIONS Section 37. Appropriations. – The Chairperson of the Commission shall immediately include in the Commission’s program the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act. ARTICLE V FINAL PROVISIONS Section 38. Transitory Provisions. – The incumbent Chairman and members of the Board shall, in an interim capacity, continue to function as such until the Chairman and members of the new Board created under this Act shall have been appointed, constituted and/or organized pursuant thereto. ARTICLE V FINAL PROVISIONS Section 39. Implementing Rules and Regulations. – The Board, with the approval of the Commission, shall adopt and promulgate such IRR it may deem appropriate within ninety (90) days from its constitution. The same shall take effect after fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation in the country. ARTICLE V FINAL PROVISIONS Section 40. Separability Clause. – If any clause, provision, paragraph or part hereof shall be declared unconstitutional or invalid, the same shall not affect, invalidate or impair any other part hereof, and shall be merely confined to the clause, provision, paragraph or part directly involved in the controversy in which such judgment has been rendered. ARTICLE V FINAL PROVISIONS Section 41. Repealing Clause. – Republic Act No. 8534 is hereby repealed. All other laws, decrees, executive orders and administrative issuances or parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded and/or repealed accordingly. ARTICLE V FINAL PROVISIONS Section 42. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in at least two (2) newspapers of general circulation in the country. Approved, (Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR. President of the Senate Speaker of the House of Representatives This Act which is a consolidation of Senate Bill No. 3139 and House Bill No. 4323 was finally passed by the Senate and the House of Representatives on September 10, 2012 and September 18, 2012, respectively. (Sgd.) EMMA LIRIO-REYES (Sgd.) MARILYN B. BARUA-YAP Secretary of Senate Secretary General House of Representatives Approved: DEC 17 2012 (Sgd.) BENIGNO S. AQUINO III President of the Philippines Logo for Board of Interior Design ◦ “The official seal of the board shall be circular in form with a stylized human figure wearing a hat, arms outstretched upward; between his parted legs is a Bahay Kubo, at the right side are three stars and rays of the sun; at the left side are Sampaguita flowers and Laurel leaves and the words “Interior Design” written in a circular manner with the letters being equally spaced. The words “Interior Design” written on top and the words “Professional Regulation Commission” written below”, the Board said. ◦ The logo and seal, which bears the figure of a man, a T- square, Bahay-Kubo, Sun and the Stars, Laurel leaves and a Sampaguita, will be adopted for the Board’s use in the resolutions, letters, circulars and other communications in the discharge of its executive, quasi-legislative and quasi- judicial functions. Sample Certificate of Registration and Professional Identification Card Philippine Institute of Interior Designers VISION To be a professional and ethical institution dedicated to the collective efforts of advancing the practice of Interior Design profession. MISSION To provide a dynamic program for the professional development of Interior Designers aligned with cultural and global standards. VALUES We are deeply dedicated to embracing and championing the abundant cultural heritage of the Philippines, which serves as the bedrock of our principles. Within this foundation, we celebrate values such as Respect for Tradition, Creativity and Innovation, Sustainability, Inclusivity, Collaboration, Integrity, and Excellence. It is through the embodiment of these principles that we strive to play a pivotal role in the prosperity of Philippine culture through the language of Interior Design. Our goal is to enrich the human experience and elevate the nation's identity in the global design sphere. Code of Ethics Board of Interior Design I shall work with this general objective Ð that my duty is not only to myself, but also to my fellowmen, my country and God. I shall uphold the ideals and follow the norms of conduct of a noble profession and endlessly endeavor to further its just ends. I shall humbly seek success not through the measure of solicited personal publicity but by industrious application to my work, strive to merit a reputation for quality of service and for fair dealing. I shall ask from all fair remunerations for my services while expecting and asking no profits from any other source. I shall hold the interest of my client over and above any self-interest for financial returns. I shall exercise my professional prerogatives always with impartiality and disinterestedness. I shall not allow my private business investments or venture to affect or influence my professional judgment to the detriment of the trust place upon me. I shall always keep my moral responsibilities towards my colleagues. I shall inspire by my behavior the loyalty of my associates and subordinates and take upon me the mentorship of the aspirants to the profession. I shall confine my criticisms and praises of the works of colleagues within constructive and inspirational limits and never resort to these means to further malicious motives. I shall dedicate myself to the pursuit of creative endeavor towards the goal of enlightened Art and Science, generously sharing with colleagues, friends and strangers alike the benefits of my experience and experiments. I THE RESPONSIBILITIES OF THE PROFESSION Conditions Governing Professional Conduct The profession of Interior Design calls for man of the highest integrity, judgment, business acumen and artistic and technical ability. An interior designer’s honesty of purpose must be above suspicion; he acts as professional adviser to his client and his advice must be unprejudiced; he has moral responsibilities to his professional associates and subordinates; he is engaged in a profession which carries with it certain responsibilities to the public. These duties and responsibilities cannot be properly discharged unless his motives, conduct, sense of moral values and ability are such as to command respect and confidence. II THE RESPONSIBILITIES OF THE INTERIOR DESIGNER A. In Relation To His Client A-1 The Interior Designer may introduce to a prospective Client the professional services he is able to perform provided it is limited to presentation of examples of his professional experience and does not entail the offering of free preliminary sketches or other services without the benefit of an agreement with the Client for legitimate compensation. The same holds true for an Interior Designer whether employed by or is the proprietor of a furniture, drapery or allied supply firm. A separate interior designer’s fee should always be charged for interior designer services except when this is limited only to consultative advice and minor sketches needed to help sell the products. A-2 The Interior Designer shall acquaint or ascertain from the Client at the very inception of their business relationship the exact scope of services and the corresponding professional charges. A-3 The Interior Designer shall explain the conditional character of estimates other than estimates submitted in the form of actual proposals by contractors and in no case shall he guarantee any estimates or costs of work. Neither shall he mislead his Client as to the probable cost of the work in order to secure a commission. A-4 The Interior Designer shall consider the needs and stipulations of his Client and the effects of his work upon the life and well-being of the public and the community as a whole, and to endeavor to meet the aesthetic and functional requirements of the project commensurate with the Client’s appropriation. A-5 The Interior Designer shall charge his Client for services rendered, a professional fee commensurate with the work involved and with his professional standing and experience based upon the basic minimum fee prescribed by the Philippine Institute of Interior Designers (P100). A-6 The Interior Designer shall be compensated for his services solely through his professional fee charged directly to the Client. He shall not accept nor ask for any other returns in whatever form from any interested source other than the Client. B. In Relation to the Architect B-1 The Interior Designer shall not, without prior consent of the Architect, when an architect is involved, make any architectural changes in plans or in specifications. B-2 The Interior Designer shall not make malicious criticisms of the structure or plans of the Architect. B-3 The Interior Designer shall work in cooperation with the Architect to ensure the success of the project. B-4 The Interior Designer shall not make any architectural plans for any building or project to be signed by any licensed architect but passed on as the work of an Interior Designer’s firm, unless he too is a licensed architect. C. In Relation to Manufacturers, Contractors, and Suppliers C-1 The Interior Designer shall not at any time receive commission, discounts, fees or favors from agents or firms handling furniture, drapery or other building and decorative supplies which may place him in a reciprocal frame of mind. He may, however, accept market discount which shall be credited to the Client. C-2 The Interior Designer shall immediately, upon his personal knowledge and inspection, reject or condemn materials or workmanship which are not in conformity with the specifications in the contract documents in order not to cause unnecessary delay and additional expense to the manufacturer or contractor. The Interior Designer shall give the manufacturer every reasonable aid to enable him to fully understand the specifications of the contract by furnishing clear, definite and consistent information in all pertinent documents to avoid unnecessary mistakes which may involve extra costs to the manufacturer or contractor. D. In Relation to His Colleagues and Subordinates D-1 The Interior Designer shall not render professional services without compensation except for small, civic or community projects. He shall neither offer nor provide preliminary services on a conditional basis prior to definite agreement with the Client for the commission of the projects. D-2 The Interior Designer shall not knowingly compete with other interior designers on the basis of difference of professional charges, nor use donation as a device for obtaining competitive advantage except for worthy civic projects. Neither shall he submit solicited or unsolicited sketches or drawings in competition with other interior designers unless agreed upon by architects involved. D-3 The Interior Designer shall not under any circumstance nor through any means seek commission already known to him as previously endowed to another Interior Designer whether such endowment has been definitely agreed upon or still in the process of negotiation. D-4 The Interior Designer shall not undertake a commission for which he knows another Interior Designer has been previously employed until he has notified such other Interior Designer of the fact in writing and had conclusively determined that the original employment has been terminated and has been duly compensated for. D-5 The Interior Designer shall not knowingly injure falsely or maliciously, the professional reputation, prospects or practice of another Interior Designer for the same project and client, except with the knowledge of such Interior Designer or unless such Interior Design’s work has definitely been terminated, or involving criticism of public projects financed with public funds. D-6 The Interior Designer shall not, in any case, engage as a competition in any Interior Designer Competition when he has direct relations with the formulation of the Programs thereof or when he has been engaged to act as professional adviser of juror for such competition. Neither shall the Interior Designer accept and act as professional adviser of juror in any Interior Designer competition when he has any information or has reviewed or assisted in the preparation of any competition design entered. Nor shall an Interior Designer, retained as professional adviser in a competition, accept employment as an Interior Designer for that competition project except as Consulting Interior Designer. D-7 The Interior Designer shall inspire the loyalty of his employees and subordinates by providing them with suitable working conditions, requiring them to render competition and efficient services and paying them adequate and just compensation there for. He shall tutor and mentor the young aspirants towards the ideals, functions, duties and responsibilities of the profession. D-8 The Interior Designer shall unselfishly give his share in the interchange of technical information and experience among his colleagues and young aspirants and do his part in fostering unity in the fellowship of the profession. E. In Relation to the People E-1 The Interior Designer shall seek opportunities to be of constructive service in civic and urban affairs and, to the best of his ability, advance the safety, health and well-being of the people and the community as well as the promotion, restoration or preservation of the general amenities and other examples of historic and architectural heritage of the nation. E-2 The Interior Designer shall promote the interest of his professional organization and do his full part of the work to enhance the objectives and services of the organization. He should share in the interchange of technical information and experience with the other design professions and the building industry. E-3 The Interior Designer as a good citizen shall abide and observe the laws and regulations of the profession in the Philippines. He shall, at no time, act in a manner detrimental to the best interest of the profession. E-4 The Interior Designer shall not mislead the public through advertisements, signs, or printed matter citing his professional specialization unless such qualifications are well known facts or sanctioned by professional consensus and years of experience. This Code of Ethics shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette. Adopted in the City of Manila this 11th day of February, 1985. FACTORS RELATED TO PROFESSIONAL CHARGES AND EXPENSES Complexity of work Royalty Qualifications of principal and staff Designer/artistic/conceptual contribution Experience of principal and staff Output of design office Responsibilities of interior designer Total cost of construction, project, etc. Character of negotiation Type of client Repetition/replicability of project Nature of construction project, etc. Overhead PIID DOCUMENT #5: GUIDELINES FOR STANDARD FEES AND CONTRACT AGREEMENT Encompasses the overall scope of work for interior design projects. The diverse nature of a design project may involve certain concerns which the interior designer may adopt for a specific project. Chapter 1: Standard Contract Forms and Proposals Earnings usually take the following forms: 1) Salary 2) Fixed contract amount for goods and services 3) Standard rates for services rendered based on time, overhead and materials Types of Projects 1) Consultation o Purchasing and/or sourcing of decorative artifacts, furniture, furnishings, etc. with the Client (local and international); on-site furniture and accessories’ arrangements; exhibits o Minimum of P500 per hour to a maximum of P1,500 per hour or a lump sum of P10,000 per day (8 working hours), plus transportation, accommodation, food and per diem for local and international out-of-town projects 2) Small projects with a maximum floor area of 75sqm (e.g., clinics, boutiques, small shops and small offices) o Minimum of P50,000 per unit or P1,000 per sqm 3) From 76sqm to 300sqm o Minimum of P50,000 per major room or maximum of P300,000 per house regardless of the number of rooms 4) From 301sqm and above o Minimum of P400 per sqm to a maximum of P800 per sqm 5) Repetitive Work o For projects such as hotel rooms, etc. whose basic design is repeated, the Interior Designer will be paid as follows:  Full payment for design services for 1 unit  Percentage of the one unit for the succeeding set of units 6) Renovation and Repair Works (as built and renovated plans, supervision and coordination of trades) o The Interior Designer will have to evaluate and assess the existing conditions, working drawings, furniture, electrical and plumbing conditions, etc. For this work, the design fee should also be adjusted to reflect the nature of the work. o Minimum of P50,000 per unit or P1,000 per sqm plus 10% contingency fees for unseen additional works 7) Fees on Percentage Basis o 10% to 15% of the budgetary costs for implementations, where cost will depend on the prevailing market rate per square meter Chapter 2: Standard Documents Preliminary Meetings: Necessary conferences with the Client to ascertain the requirement of the project Schematic Design Phase: Presentation of preliminary plans with furniture layout for approval Presentation of image boards for approval Presentation of preliminary perspectives for approval Design Development Phase: Floor Plan with Furniture Layout Wall Elevations and Sections Reflected Ceiling Plan with Lighting Fixture Layout Auxiliary Layout (sprinklers, speakers, air-conditioning diffusers, smoke detectors, fire protection devices, etc.) Electrical Switches and Outlets Location Plans Schedule of Window Treatment DAR | 2023 Schedule of Doors (if required) Materials and Finishing Swatch Boards Rendered Perspective Presentations Itemized Furniture Drawings Cabinet Details Floor Pattern Details Other Working Details Contract Document and Coordination Phase: Verification of check prints from Engineers Budgetary cost estimates 7 sets of blueprints Technical specifications Necessary engineering designs (if required) Bid review (if required) Construction Phase: Periodic site supervision (as specified) Coordination with General Contractor, Specialty Sub-contractors and Project Manager/Construction Manager Chapter 3: Schedule of Fees Professional fees shall be paid in accordance with the progress of services rendered. The schedule of fees are as follows: 10% - Acceptance Fees 20% - Schematic Design Phase 35% - Design Development Phase 20% - Contract Document and Coordination Phase 15% - Construction Phase 100% The Interior Designer shall be properly compensated upon completion of each phase of work. Chapter 4: Contract for Professional Services Shall be executed in pursuance with pertinent provision of RA 8534 promulgated on February 23, 1998 and of PD 49 on the Protection of Intellectual Property issued on November 14, 1972. PIID DOCUMENT #6: CONTRACT FOR PROFESSIONAL SERVICES May be quoted verbatim or may be altered according to the client-designer agreement Sample PIID Contract This Contract is made this day of ______________________ BETWEEN the Client: _____________________________________________________________________________________ (name and address) And the Interior Designer: _____________________________________________________________________________________ (name and address) For the following project: _________________________________________________________________ Preliminary Meeting We are pleased to submit our proposal for interior design services, which shall become the Agreement between the Interior Designer and the Client. Schematic Design Phase Based on information generated in the initial meeting, the Interior Designer will develop proposed Schematic Designs consisting of furniture layout, image board(s) and preliminary perspectives. Upon the approval of the Schematic Design concept, the Interior Designer will proceed to the Design Development Phase. DAR | 2023 Design Development Phase Based on the approved Schematic Design presentation, and any adjustments requested by the Client, the Interior Designer will develop plans into more detailed drawings such as, floor plans with furniture layout, wall elevations and sections, reflected ceiling plan with lighting fixture layout, schedule of window treatment, schedule of doors (if required), materials and finishing swatch boards, rendered perspective presentations, itemized furniture drawings, cabinet details, floor pattern details and other working details. It is recommended that finalization of the plan should involve coordination with consultants to ensure proper and efficient planning. Upon approval of the above, the Interior Designer will proceed to the Contract Document and Coordination Phase. Contract Document and Coordination Phase Based on the approved Design Development presentation and any adjustments requested by the Client, the Interior Designer shall prepare detailed working drawings and general specifications, setting forth the design and details for the project. Construction documents, drawings and specifications for the following systems or components will be prepared by the Project Consultants for the Interior Designer to review. Construction Phase The Construction Phase will commence with the award of contractors or the issuance of purchase orders. The Interior Designer’s obligation to provide basic services under this Agreement will terminate when final payment to contractors or suppliers are paid, or thirty (30) days after the date of substantial completion of work, whichever occurs first. The Interior Designer and the General Contractor shall be responsible for coordination of the schedules for delivery and installation of the work in the agreed time frame. The Interior Designer shall assist the Client in specifying furniture, furnishings and accessories. The General Contractor shall be responsible for coordinating with the Interior Designer and Client the purchase, delivery and installation of furniture, furnishing or equipment. In the event that substitutions are required due to budgetary constraints or availability, the General Contractor is to advice the Interior Designer/Client in writing and review issue(s) prior to proceeding. The Interior Designer shall make periodic inspection of the project premises during the Construction Phase. All costs of travel expenses shall be paid by the Client. Jobsite meeting with the presence of the Interior Designer, the Client and General Contractor shall be scheduled. The Interior Designer shall review all contracts for submittals such as shop drawings, products data and samples, but only for compliance with the design concept of the work and with the information given in the contract documents. Such action shall be taken with reasonable promptness so as to cause no delay. Reimbursable Expenses Any special costs incurred for the project such as additional services, reproduction and revisions thereafter, photocopying, CADD plotting, all costs of blueprints, film developing transportation, taxi fare in relation to the project, travel outside of the Metro Manila area, long distance and overseas telephone calls, courier services and postage outside of the Metro Manila areas, expenditures made at the specific request of the Client which are not related to the basic project services described above. All reimbursable expenses shall be billed monthly at cost plus 10% services charge. For International Travel, the Interior Designer shall charge a per diem of Principal US$ 200.00/day Associates and Staff US$ 100.00/day For Domestic Travel (beyond the radius of 50 kilometers from his established office) Principal PH₱ 2,000.00/day Associates and Staff PH₱ 1,000.00/day Payments Invoices shall be paid within 2 weeks upon requisition. An interest of 2% monthly shall be charged on payment overdue more than 14 working days from the date of requisition. Time and Approvals The Interior Designer shall perform its services as expeditiously as is consistent with professional skill and care and the orderly progress of the work. Upon request of the Client, the Interior Designer shall submit for the Client’s approval, a schedule for the performance of professional services which shall be adjusted as required as the project proceeds, and shall include all allowances for periods of time required for by the Client’s or other parties’ review DAR | 2023 and approval of submissions. This schedule, when approved by the Client, shall not, except for reasonable cause, be exceeded by the Interior Designer. Timely approvals and decisions are necessary for the orderly progress of professional services and the work of Contractors and Consultants. Approximate Area - sqm Termination This Agreement may be terminated by either party, upon written notice, should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This Agreement may be terminated by the Client after seven day’s written notice to the Interior Designer. Should the Interior Designer be terminated at no fault, he shall be compensated for the services performed prior to the receipt of the notice including 10% of the remaining balance of the fee. Disclaimer Clause Projects delayed through no fault of Interior Designer / Contractor / Owner shall require a corresponding fee / compensation or refund mutually agreed upon at the start of the project, unless delay is due to fortuitous event or force majeure. Assignability The Interior Designer and Client each bind themselves, their successors, and legal representations and assigns, to the other party of this Agreement, and to the successors, legal representative and assigns of such other party, with respect to all covenants of this Agreement. Notwithstanding the foregoing, this Agreement may not be assigned by either party without the prior written consent of the other party. Ownership and Use of Documents Drawings and specifications duly signed, stamped or scaled as instruments of service are the property and documents of the Interior Designer, whether the project for which they were made is executed or not. No person, without the written consent of the Interior Designer or author of said documents shall duplicate or make copies of said documents for use in the repetition of and for other projects of buildings, whether executed partly or in whole. Following completion of the project and no later than sixty (60) days from the date of the final certificate for payment, the Interior Designer shall have the right to take photographs of the project for his own use. Arbitration The expeditions settlement of disputes, arising from or connected with construction contracts, shall be referred to the Construction Industry Arbitration Commission (CIAC) in lieu of court litigation. Practice of Interior Design All interior design services shall be conducted in accordance with RA 10350 known as the Philippine Interior Design Act promulgated on December 17, 2012 and the Interior Design Code of the Philippines. If you are in agreement with the above, please indicate your acceptance by signing on the space provide below and returning a copy to our office. We hope you will find the proposal agreeable and we are looking forward for your immediate response. This contract supersedes any prior Agreement between the parties and constitutes their entire Agreement and understanding on the matter herein covered. No changes, modifications or termination of this contract may be made except in writing signed by the parties. ACCEPTED AND AGREED: ______________________________________________________________________ _________________ (Date) ______________________________________________________________________ _________________ (Date) DAR | 2023 The National Building Code (P.D. 1096) NATIONAL BUILDING CODE OF THE PHILIPPINES MALACAÑANG Manila PRESIDENTIAL DECREE NO. 1096 ADOPTING A NATIONAL BUILDING CODE OF THE PHILIPPINES THEREBY REVISING REPUBLIC ACT NUMBERED SIXTY-FIVE HUNDRED FORTY ONE WHEREAS, the country’s accelerating economic and physical development, coupled with urbanization and population growth, makes imperative the formulation and adoption of a uniform building code which shall embody up-to-date and modern technical knowledge on building design, construction, use, occupancy and maintenance; WHEREAS, while there is Republic Act. No. 6541, entitled “An Act to Ordain and Institute a National Building Code of the Philippines”, the same does not conform with the developmental goals and infrastructure program of the Government and does not adequately provide for all the technological requirements of buildings and structures, in terms of up-to-date design and construction standards and criteria; WHEREAS, in the formation of new national building code, it is the desire and policy of the Government to avail of and harness the technical expertise and professional know-how of men not only in the public but in the private sectors as well, 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 the revision of Republic Act. No. 6541 to read as follows: 1 The National Building Code (P.D. 1096) CHAPTER 1 GENERAL PROVISIONS SECTION 101. Title This Decree shall be known as the “National Building Code of the Philippines” and shall hereinafter be referred to as the “Code”. 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 this 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 (a) The provisions of this Code shall 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 as defined herein. (b) Buildings and/or structures constructed before the approval of this Code shall not be affected thereby except when alterations, additions, conversions or repairs are to be made therein in which case, this Code shall apply only to portions to be altered, added, converted or repaired. SECTION 104. General Building Requirements (a) 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. (b) 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. (c) Buildings or structures and all parts thereof as well as all facilities found therein shall be maintained in safe, sanitary and good working condition. SECTION 105. Site Requirements The land or site upon which will be constructed any building or structure, or any ancillary or auxillary facility thereto, shall be sanitary, hygienic or safe. In the 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 As used in this Code, the words, terms and phrases enumerated in Annex “A” hereof shall have the meaning or definition, correspondingly provided therein. 2 The National Building Code (P.D. 1096) 3 The National Building Code (P.D. 1096) CHAPTER 2 ADMINISTRATION AND ENFORCEMENT SECTION 201. Responsibility for Administration and Enforcement The administration and enforcement of the provisions of this Code including the imposition of penalties for administrative violations thereof is hereby vested in the Secretary of Public Works, Transportation and Communications, hereinafter referred to as the “Secretary”. SECTION 202. Technical Staff The Secretary is hereby authorized to constitute and provide in his Department a professional staff composed of highly qualified architects, engineers and technicians who possess diversified and professional experience in the field of building design and construction. SECTION 203. General Powers and Functions of the Secretary under this Code For purposes of carrying out the provisions of this Code, the Secretary shall exercise the following general powers and functions: (1) Formulate policies, plans, standards and guidelines on building design, construction, use, occupancy and maintenance, in accordance with this Code. (2) Issue and promulgate rules and regulations to implement the provisions of this Code and ensure compliance with policies, plans, standards and guidelines formulated under paragraph 1 of this Section. (3) 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 part of this Code. (4) Prescribe and fix the amount of fees and other charges that the Building Official shall collect in connection with the performance of regulatory functions. SECTION 204. Professional and Technical Assistance The Secretary with the assistance of his technical staff shall provide such professional, technical, scientific and other services including testing laboratories and facilities as may be required to carry out the provisions of this Code; Provided that the Secretary may secure such services as he may deem necessary from other agencies of the National Government and may make arrangement for the compensation of such services. He may also engage and compensate within appropriations available therefore, the services of such number of consultants, experts and advisers on full or part- time basis, as may be necessary, coming from the government or private businesses, entities or associations to carry out the provisions of this Code. SECTION 205. Building Officials Except as otherwise provided herein, the Building Official shall be responsible for carrying out the provisions of this Code in the field as well as the enforcement of orders and decisions made pursuant thereto. Due to the exigencies of the service, the Secretary may designate incumbent Public Works District Engineers, City Engineers and Municipal Engineers to act as Building Officials in their respective areas of jurisdiction. The designation made by the Secretary under this Section shall continue until regular positions of Building Official are provided or unless sooner terminated for causes provided by law or decree. 4 The National Building Code (P.D. 1096) SECTION 206. Qualifications of Building Officials No person shall be appointed as a 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 two years. 4. Has at least five years of diversified and professional experience in building design and construction. SECTION 207. Duties of a Building Official In his respective territorial jurisdiction, the Building Official shall be primarily responsible for the enforcement of the provisions of this Code as well as of the implementing rules and regulations issued therefor. He is the official charged with the duties of issuing building permits. In the performance of his duties, a Building Official may enter any building or its premises at all reasonable times to inspect and determine compliance with the requirements of this Code, and the terms and conditions provided for in the building permit as issued. When any building work is found to be contrary to the provisions of this Code, the Building Official may order the work stopped and prescribe the terms and/or conditions when the work will be allowed to resume. Likewise, the Building Official is authorized to order the discontinuance of the occupancy or use of any building or structure or portion thereof found to be occupied or used contrary to the provisions of this Code. SECTION 208. Fees Every Building Official shall keep a permanent record and accurate account of all fees and other charges fixed and authorized by the Secretary to be collected and received under this Code. Subject to existing budgetary, accounting and auditing rules and regulations, the Building Official is hereby authorized to retain not more than twenty percent of his collection for the operating expenses of his office. The remaining eighty percent shall be deposited with the city or municipal treasurer and shall accrue to the General Fund of the province, city or municipality concerned. SECTION 209. Exemption Public buildings and traditional indigenous family dwellings shall be exempt from payment of building permit fees. As used in this 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. SECTION 210. Use of Income from Fees Any provision of law to the contrary notwithstanding, the Secretary is hereby authorized to prescribe the procedures for the use of all net income realized by the office of the Building Official from the collection of fees and charges not exceeding twenty percent thereof in accordance with Section 208. Such income may be used to cover necessary operating expenses including the purchase of equipment, supplies and materials, traveling expenses, obligation expenses and sheriff’s fees and payment of other prior years’ obligations not adequately funded, subject to existing budgetary and auditing rules and regulations. 5 The National Building Code (P.D. 1096) SECTION 211. Implementing Rules and Regulations In the implementation of the provisions of this Code, 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 For the violation of any of the provisions of this Code or any of the rules or regulations issued thereunder, the Secretary is hereby empowered to prescribe and impose fines not exceeding ten thousand pesos. 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 this Code. Any person, firm or corporation who shall violate any of the provisions of this 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. SECTION 216. Other Remedies The rights, actions and remedies provided in this Code shall be in addition to any and all other rights of action and remedies that may be available under existing laws. 6 The National Building Code (P.D. 1096) CHAPTER 3 PERMITS AND INSPECTION SECTION 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 therefor from the Building Official assigned in the place where the subject building is located or the building work is to be done. SECTION 302. Application for Permits In order to obtain a building permit, the applicant shall file an application therefor in writing and on the prescribed form from the Office of the Building Official. Every application shall provide at least the following information: (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 proposal 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 registered mechanical engineer in case of mechanical plans, and by a registered electrical engineer in case of electrical plans, except in those cases exempted or not required by the Building Official under this Code. SECTION 303. Processing of Building Permits The processing of building permits shall be under the overall administrative control and supervision of the Building Official and his technical staff of qualified professionals. In processing an application for a building permit, the Building Official shall see to it that the applicant satisfies and conforms with approved standard requirements on zoning and land use, lines and grades, structural design, sanitary and sewerage, environmental health, electrical and mechanical safety as well as with other rules and regulations promulgated in accordance with the provisions of this Code. SECTION 304. Issuance of Building Permits When satisfied that the work described in an application for building permit and the plans and specifications submitted therewith, conform to the requirements of this Code and other pertinent rules and regulations, the Building Official shall, within fifteen days from payment of the required fees by the applicant, issue the building permit applied for. The Building Official may issue a permit for the construction of only a part or portion of a building or structure whenever the plans and specifications submitted together with the application do not cover the entire building or structure. Approved plans and specifications shall not be changed, modified or altered without the approval of the Building Official and the work shall be done strictly in accordance thereto. SECTION 305. Validity of Building Permits The issuance of a building permit shall not be construed as an approval or authorization to the permittee to disregard or violate any of the provisions of this Code. 7 The National Building Code (P.D. 1096) Whenever the issuance of a permit is based on approved plans and specifications which are subsequently found defective, the Building Official is not precluded from requiring permittee to effect the necessary corrections in said plans and specifications or from preventing or ordering the stoppage of any or all building operations being carried on thereunder which are in violation of this Code. 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 so authorized is suspended or abandoned at any time after it has been commenced, for a period of 120 days. SECTION 306. Non-Issuance, Suspension or Revocation of Building Permits The Building Official may order or cause the non-issuance, suspension or revocation of building permits on any or all of the following reasons or grounds: (a) Errors found in the plans and specifications; (b) Incorrect or inaccurate data or information supplied; (c) Non-compliance with the provisions of this Code or of any rule or regulation. Notice of non-issuance, suspension or revocation of building permits shall always be made in writing, stating the reason or grounds therefor. SECTION 307. Appeal Within fifteen (15) days from the date of receipt of advice of the non-issuance, suspension or revocation of permits, the applicant/permittee may file an appeal with the Secretary who shall render his decision within fifteen days from date of receipt of notice of appeal. The decision of the Secretary shall be final subject only to review by the Office of the President. SECTION 308. Inspection and Supervision of Work The owner of the Building who is issued or granted a building permit under this Code shall engage the services of a duly licensed architect or civil engineer to undertake the full time inspection and supervision of the construction work. Such architect or civil engineer may or may not be the same architect or civil engineer who is responsible for the design of the building. It is understood however that in either case, the designing architect or civil engineer is not precluded from conducting inspection of the construction work to check and determine compliance with the plans and specifications of the building as submitted. There shall be kept at the jobsite at all times a logbook wherein the actual progress of construction including tests conducted, weather conditions and other pertinent data are to be recorded. Upon completion of the construction, the said licensed architect or civil engineer shall submit the logbook, duly signed and sealed, to the Building Official. He shall also prepare and submit a Certificate of Completion of the project stating that the construction of building conforms to the provisions of this Code as well as with the approved plans and specifications. SECTION 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 therefor as provided in this Code. A Certificate of Occupancy shall be issued by the Building Official within thirty (30) days if after final inspection and submittal of a Certificate of Completion referred to in the preceding Section, 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. 8 The National Building Code (P.D. 1096) The non-issuance, suspension and revocation of Certificates of Occupancy and the procedure for appeal therefrom shall be governed in so far as applicable, by the provisions of Section 306 and 307 of this Code. 9 The National Building Code (P.D. 1096) CHAPTER 4 TYPES OF CONSTRUCTION SECTION 401. Types of Construction For purposes of this Code, all buildings proposed for construction shall be classified or identified according to the following types: (1) Type I – Type I buildings shall be of wood construction. The structural elements may be any of the materials permitted by this Code. (2) Type II – Type II buildings shall be of 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 – Type III buildings shall be of masonry and wood construction. Structural elements may be any 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 – Type IV buildings shall be of 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 – Type V buildings shall be 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. SECTION 402. Changes in Types No change shall be made in the type of construction of any building which would place the building in a different sub-type or type of construction unless such building is made to comply with the requirements for such sub-type of construction: Except, when the changes is approved by the Building Official upon showing that the new or proposed construction is less hazardous, based on life and fire risk, than the existing construction. SECTION 403. Requirements on Type of Construction Subject to the provisions of this Chapter, the Secretary shall prescribe standards for each type of construction, and promulgate rules and regulations therefor, relating to structural framework, exterior walls and openings, interior walls and enclosures, floors, exits and stairs construction, and roofs. 10 The National Building Code (P.D. 1096) 11 The National Building Code (P.D. 1096) CHAPTER 5 REQUIREMENTS FOR FIRE ZONES SECTION 501. Fire Zones Defined Fire zones 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. SECTION 502. Buildings located in more than One Fire Zone A building or structure which is located partly in one fire zone and partly in another shall be considered to be in the more highly restrictive fire zone, when more than one-third of its total floor area is located in such zone. SECTION 503. Moved Building Any building or structure moved within or into any fire zone shall be made to comply with all the requirements for buildings in that fire zone. SECTION 504. Temporary Buildings Temporary buildings such as reviewing stands and other miscellaneous structures conforming to the requirements of this Code, and sheds, canopies and fences used for the protection of the public around and in conjunction with construction work, may be erected in the fire zones by special permit from the Building Official for a limited period of time, and such buildings or structures shall be- completely removed upon the expiration of the time limit stated in such permits. SECTION 505. Center Lines of Streets For the purpose of this Chapter, the center line of an adjoining street or alley may be considered an adjacent property line. Distances shall be measured at right angles to the street or alley. SECTION 506. Restrictions on Existing Buildings Existing buildings or structures in fire zones that do not comply with the requirements for a new building erected therein shall not hereafter be enlarged, altered, remodeled, repaired or moved except as follows: (a) Such building is entirely demolished; (b) Such building is to be moved outside the limits of the more highly restrictive Fire Zone to a zone where the building meets the minimum standards; (c) Changes, alterations and repairs may be made provided that in any 12-month period, the value of the work does not exceed twenty percent of the value of the existing building, and provided that, such changes do not add additional combustible material, and do not, in the opinion of the Building Official, increase the fire hazard; (d) Additions thereto are separated from the existing building by fire walls, as set forth in Sub-section 604 (b); (e) Damage from fire or earthquake, typhoons or any fortuitous event may be repaired, using the same kind of materials of which the building or structure was originally constructed, provided that, the cost of such repair shall not exceed twenty percent of the replacement cost of the building or structure. 12 The National Building Code (P.D. 1096) SECTION 507. Designation of Fire Zones The Secretary shall promulgate specific restrictions for each type of Fire Zone. Cities and municipalities shall be divided into such Fire Zones in accordance with local, physical, and spatial framework plans submitted by city or municipal planning and/or development bodies. 13 The National Building Code (P.D. 1096) CHAPTER 6 FIRE-RESISTIVE REQUIREMENTS IN CONSTRUCTION SECTION 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. SECTION 602. Fire-Resistive Time Period Rating Fire-resistive time period rating is the length of time a material can withstand being burned which may be one-hour, two-hours, thr

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