Rule II: Administration & Enforcement - Building System Design PDF
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Uploaded by SelfSatisfactionMoldavite1276
2025
Monzon, Kerrykenne Raezel Agustin
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This document outlines Rule II: Administration and Enforcement within the context of Building System Design in the Philippines. It covers topics such as the responsibilities of the Secretary of the Department of Public Works and Highways (DPWH), the role of technical staff, and the enforcement of building regulations and construction laws.
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RULE II: ADMINISTRATION AND ENFORCEMENT Building System Design MONZON, KERRYKENNE RAEZEL AGUSTIN MONZON, KERRYKENNE RAEZEL AGUSTIN Who’s in Charge??? The administration and enforcement of the provisions of the code and this IRR, including the imposition of penalties for ad...
RULE II: ADMINISTRATION AND ENFORCEMENT Building System Design MONZON, KERRYKENNE RAEZEL AGUSTIN MONZON, KERRYKENNE RAEZEL AGUSTIN Who’s in Charge??? The administration and enforcement of the provisions of the code and this IRR, including the imposition of penalties for administrative violations thereof, is thereby vested in the secretary. Section 201: Responsibility and 201 Administration and Enforcement - The Secretary is basically the head when it comes to enforcing the Building Code. They make the rules, handle penalties, and oversee everything related to construction laws. Section 202: Technical Staff 202 - Helping the Secretary is the National Building Code Development Office, or NBCDO. Think of them as the tech support for building regulations. They help enforce the rules, review legal issues, handle other tasks assigned by the secretary and even conduct seminars to educate people on the Code. MANUEL M. BONOAN - As of April 1, 2025, the Secretary of the Department of Public Works and Highways (DPWH) in the Philippines is Manuel M. Bonoan. He assumed office on June 30, 2022, under President Bongbong Marcos - This person holds the highest authority in overseeing the enforcement of building regulations and construction laws across the country. - The President of the Philippines appoints the Secretary of the DPWH. They are usually someone with a strong background in engineering, architecture, or public administration. Their main job is to ensure that infrastructure projects and building regulations follow safety standards and national policies. Section 203-206 General Powers and functions Professional and Qualifications of Building Officials of the secretary technical assistance Building Officials - Their job is to make sure everything follows - The secretary have the power to hire - These are the people responsible 1. Be a Filipino citizen (of the law, so buildings are safe and up to experts to help them. These experts can for making sure that buildings follow course). standard. be professionals like engineers, the rules. They enforce the building 2. Have a good moral - The Secretary also has the power to create scientists, and consultants who give code and make sure everything is character. new rules and give instructions through official advice on the best ways to follow the safe and legal. 3. Be a licensed civil engineer documents called Memorandum Circulars. building code. - If a Building Official was already or architect. These are basically written guidelines that - If needed, the Secretary can also get appointed before the Secretary 4. Member of a good standing help explain the rules better. help from government agencies that assigns a new one, they can duly accredited organization - If a Building Official makes a decision that have the right equipment, like testing continue doing their job until the (for not less than 5 years) someone disagrees with, the Secretary has laboratories to check if materials are Secretary officially appoints a new 5. Have at least five years of the power to review and. make the final call on safe. These experts. and consultants can one. This means that cities and professional experience. whether that decision is right or wrong. be either full-time or part-time, and they towns can still have their own local 6. Has attended a seminar- - Have the final say on disputes regarding can come from private businesses, Building Officials for now, but workshop on PD 1096 building decisions. government offices, or professional eventually, the Secretary will make conducted by the DPWH. - Set the fees that need to be paid for permits. organizations. sure that all Building Officials are up - Appoint Building Officials in different cities - Basically, the Secretary makes sure to date. and towns. they have a team of professionals to - Without them, people might ignore help enforce the rules properly. safety rules SECTION: 203 SECTION: 204 SECTION: 205 SECTION: 206 SECTION 207: Duties of the Building Official 1. Make Sure Rules Are Followed – The Building Official is responsible for enforcing the building code. This means they check that construction projects follow all safety rules and regulations. 2. Oversee and Approve Construction – Before anyone can build a house or a building, they need to get permits. The Building Official is in charge of reviewing and approving these applications. They make sure all the necessary paperwork is in order before construction begins. 3. Check for Changes in Plans – If a builder wants to change the design of a building, they must get permission first. The Building Official makes sure that no one makes changes without approval. 4. Inspect Buildings Every Year – Buildings need to be checked regularly to ensure they remain safe. The Building Official conducts yearly inspections and keeps records of each building’s condition. 5.Take Action on Complaints – If there’s a complaint about a building or if the Building Official notices something unsafe, they can take legal action. This includes: Stopping construction if the building is unsafe or illegal. Canceling or suspending building permits if rules aren’t followed. Declaring a building dangerous if it’s a hazard to people. Giving fines and penalties for violations. 6. Report to the Secretary – Every three months, the Building Official must report to the Secretary about what’s happening with buildings in their area. 7. Handle Extra Tasks – If the Secretary assigns additional duties, the Building Official must take care of them. SECTION 208 - 209 SECTION 209: EXEMPTION SECTION 208: FEES 20% SECTION 208 1.Setting Fees – The Secretary decides how much people should pay for building permits and Not everyone has to pay building fees. inspections. These fees help maintain the system 1. Public Buildings – Government buildings, like that keeps buildings safe. schools and public offices, don’t have to pay building 2. Where Does the Money Go? – The Building permit fees. Official’s office can only keep up to 20% of the 2.Traditional Indigenous Family Dwellings – Some money collected from fees. This money helps cover houses built by indigenous families are also exempt if SECTION 209 office expenses. The remaining 80% or more goes they meet these conditions: to the city or municipality’s general fund. The house is built only for the family of the owner. 3. Every payment must be recorded properly - It is made from traditional materials like bamboo, The Building Official needs to keep a detailed nipa, logs, or lumber. account of all fees collected to ensure The total cost of the house does not exceed transparency. ₱15,000. SECTION 210 USE OF INCOME FROM FEES Recording of Collections Disposition of Collections SECTION 210: USE OF INCOME 1.Recording of Collections: (keeping FROM FEES track) Once a person or company pays for a building permit, the Building Official (the person in charge of handling building permits) must do the following: 1. Record Every Payment Properly – Every single payment must be written down and tracked so that no money goes missing. 2. Issue an Official Order of Payment – This is like a receipt that shows how much money was collected and where it will go. The breakdown is always: 80% goes to the local government (the city or municipality where the building is being constructed). 20% goes to the national government to help fund bigger projects. Clean Text Slide for your Presentation Aside from collecting money from permits, the government also sometimes releases special funds to help cover the cost of inspections, office supplies, travel expenses, and other necessary costs for monitoring construction projects. These must also be properly recorded. 2. Disposition of Collections (Where SECTION 210: USE OF INCOME the Money Goes) FROM FEES The Local Treasurer (the person in charge of handling money in the city or municipality) collects the money and issues an official receipt to confirm the amount received. The 80% share of the money stays in the local government’s account to help fund building inspections, city planning, and other local government projects. The remaining 20% is sent to the Bureau of the Treasury, which is part of the national government. This money helps pay for experts, consultants, and other professionals who help improve construction and safety laws. Accountability: Who Handles the Money? To prevent any form of corruption, fraud, or mishandling of funds, several people and agencies are responsible for checking, recording, Cleanthe and reviewing Text SlideThese collections. for your include:Presentation Local Treasurers – They collect the payments and deposit them in the correct accounts. Treasury Vault Auditors and Bank Auditors – They double-check the deposits to make sure everything adds up. The DPWH (Department of Public Works and Highways) Chief Accountant – This official reviews all financial reports and ensures that no money is missing. 2. Disposition of Collections (Where SECTION 210: USE OF INCOME the Money Goes) FROM FEES Preventing Corruption and Ensuring Transparency (Safeguards) - Every month, officials check if the money collected matches the amount deposited in government bank accounts. - If a Building Official or Treasurer resigns or retires, their financial records must be checked first. They cannot leave their job unless they prove that all funds are accounted for and properly deposited. - The DPWH Chief Accountant regularly cross-checks financial reports to ensure that no funds were stolen or misused. The Centralized Accounting System (Keeping All the Money in Check) - The DPWH Secretary is responsible for allocating the funds and ensuringClean Text that each city Slide for your or municipality Presentation gets the proper budget for building inspections and permits. - All financial transactions are carefully recorded and stored for future reference. - The government regularly audits (checks) these records to make sure there is no fraud. - Reports on how money is spent must be submitted every quarter (every three months). 2. Disposition of Collections (Where SECTION 210: USE OF INCOME the Money Goes) FROM FEES Turnover of Accountability (What Happens When an Official Leaves the Job?) When a Building Official or Treasurer resigns, retires, or gets transferred, they cannot just leave immediately. Before stepping down, they must: 1. Hand over all financial records and property to the next person taking over. 2. An inventory (official list) of funds and property must be created. 3. A receipt must be signed to confirm that everything is accounted for. 4. A local auditor must check and approve the handover. Other Provisions (Other Important Rules) - The 20% share of fees given to the national government is used to Clean Text hire consultants, Slide experts, for your and advisers Presentation who help improve building regulations. - If new circulars (official government orders) or amendments are issued, they automatically become part of the existing rules. This means that as building laws and safety regulations change, the way money is handled may also be adjusted to fit the new system. SECTION 211 - 214 Administrative Fines Penal Revisions Dangerous and Ruinous Implementing Rules and Buildings or Structures Regulations Light Violations (₱5,000 fine) Any person, firm or corporation who shall violate any of the A dangerous building is one - The government has a set – Not posting necessary provisions of the code or Building that is unstable, unsafe to live of rules for how buildings permits or safety signs. anything without following the in, a fire hazard, or a risk to should be designed and built. Less Grave Violations law is illegal. If someone breaks public safety. Buildings that The Secretary in charge (₱8,000 fine) – Continuing these rules, they could be fined are abandoned, falling apart, creates these rules and work despite a stop order or up to ₱20,000 or jailed for up to or polluting the environment ensures that they meet using a building without the two years. If a company is also fall under this category. safety standards. Once these proper permits. responsible for breaking the law, Such structures must be fixed rules are made, they are Grave Violations (₱10,000 the officials in charge will face or removed to prevent harm to published in newspapers for fine) – Making major changes penalties. If the violator is a people and the community. three weeks to inform the to construction plans, ignoring demolition orders, or leaving foreigner, they will be deported public before they officially after serving their punishment or take effect. construction sites abandoned for over 120 days. by paying the fine. SECTION 211 SECTION 212 SECTION 213 SECTION 214 Structural Hazards - If a building has been badly damaged by fire, earthquakes, wind, or other disasters and is no longer strong enough to be safe, it’s considered dangerous. - Parts of a building that are loose, falling apart, or could injure people need to be fixed or removed. SECTION 215: ABATEMENT OF - If walls or support structures are weak, unstable, or leaning too much, the building might need repair or demolition. DANGEROUS BUILDINGS - If more than a third of the main structure or 5% of the outer covering is damaged, it may be unsafe. - Buildings that are so neglected they become a hangout for criminals or a general hazard to the public also - If a building is found to be dangerous, fall under this category. authorities can order repairs, force people to Fire Hazards vacate, or even demolish it, depending on - Any part of a building or object inside it that increases the risk of fire or makes a fire spread faster is a the severity of the problem. The goal is to danger. keep the public safe while ensuring buildings - Buildings without proper fire protection systems, like extinguishers or fire-resistant materials, are unsafe. are up to standard. - Exit doors, stairways, and escape routes need to be wide and easy to access in case of fire. - If a building is too old or has unsafe electrical wiring or gas lines, it can be a fire hazard and must be addressed. SECTION 215 Unsafe Electrical Wiring Electrical systems that don’t follow safety rules or are not maintained properly can cause fires or shocks. Unsafe Mechanical Installations Heating, ventilation, and air conditioning systems that are poorly installed or maintained can be dangerous. Gas lines and steam pipes need proper protection to prevent accidents. Inadequate Sanitation and Plumbing Plumbing systems must be up to code to avoid leaks and contamination. Infestations of pests like rats and insects are a problem. Garbage must be properly stored and removed to prevent pollution. Architectural Deficiency 01 Buildings should be used for their intended purpose. Poor ventilation and lighting due to bad design can make a building unsafe. If rooms, windows, or other spaces don’t meet minimum size requirements, 02 they need to be corrected. 03 04 SECTION 216: OTHER REMEDIES Section 216 explains the additional options available to authorities when dealing with dangerous, ruinous, or nuisance buildings. Essentially, it states that the actions and remedies provided in the Code and the Implementing Rules and Regulations (IRR) are not the only solutions available. The Procedure for Abatement/Demolition of Dangerous/Ruinous Buildings/Structures lays out the steps that must be followed: 1. Official Declaration – The Building Official must first declare that a building is dangerous, ruinous, or a nuisance. 2. Notice to the Owner – The owner and occupants must be formally notified, giving them at least 15 days to vacate, repair, renovate, or demolish the structure. 3. Appeal Option – The owner has 15 days to appeal the decision to the Secretary if they believe the declaration is incorrect. This can lead to a re-inspection or further investigation. 4. Reconsideration Request – If the owner requests a reconsideration, the Building Official has 15 days to make a final decision. This decision can still be appealed to the Office of the Secretary. 5. Independent Review – If the appeal has merit, the Secretary may assign a different representative (not the Building Official) to conduct a re-inspection or re-investigation within 30 days. 6. Final Decision – If the re-inspection confirms the original findings, the Secretary, through the Building Official, will notify the owner. The owner will have 15 days to comply with the order to vacate, repair, renovate, or demolish the structure. This section ensures due process before demolishing a building. It allows the owner to appeal and request a second opinion, but also sets strict timeframes to prevent delays in addressing safety hazards THANK YOU RULE II