Lesson 1-2 Laws PDF - Philippine Building Codes

CEng 133 – Building Systems Design Lesson 1.2 CODES AND REGULATIONS LESSON SUMMARY This lesson discusses the laws that may affect the design of a building. It first introduces the naming convention of the laws as well as the process and passing of the laws. Then...

CEng 133 – Building Systems Design Lesson 1.2 CODES AND REGULATIONS LESSON SUMMARY This lesson discusses the laws that may affect the design of a building. It first introduces the naming convention of the laws as well as the process and passing of the laws. Then, it presents the various laws that may directly or indirectly affect the design of a building which includes their publication, purpose, and the governing body that checks the compliance to the laws. PHILIPPINE LAW TITLES The laws in the Philippines have always been identified by a number preceded by a category. However, one of the most confusing categorizations was due to the varying government administrations. To clarify, the various categories of approved laws that were predominant during certain years is presented in the table below. Year Category Administration Aguinaldo 1900 – 1937 Act American Government Quezon 1935 – 1945 Commonwealth Acts Laurel Osmeña Roxas Quirino 1946 – 1972 Republic Acts Magsaysay Garcia Macapagal Presidential Decrees 1972 – 1985 (President or Executives) Marcos Batas Pambansa 1979 – 1985 (Parliament or Legislative) Aquino Ramos Estrada 1986 – Present Republic Acts Arroyo Aquino Duterte 1|Page  CEng 133 – Building Systems Design Lesson 1.2. With these confusing naming conventions cleared, let us now proceed in the other categories based on which the law is applied to. a. Law Refers to the umbrella rules that are applicable to all citizens of the country. This goes through the scrutiny of the House of Representatives and Senate, and is approved by the President. b. Acts Refers to rules that are designed for specific niche or group of citizens with common character or traits. Acts are usually part of a larger law. Much like the laws, this goes through the scrutiny of the House of Representatives and Senate, and is approved by the President. c. Referral Codes Refers to statements/sections/provisions that are expansions from a law and are compiled to create a code. Usually, this goes through scrutiny of a committee form from the House of Representatives and Senate. d. Implementing Rules and Regulations (IRR) Refers to the details on the implementation of a Law/Act/Code. This goes through scrutiny of a committee form from the House of Representatives and Senate. e. Ordinances Refers to rules that are applied to a region or municipality and its constituents. This goes through the local council and is approved by the highest seated official of the locality. f. Executive Orders Refers to directives that are prepared, approved, and released by the highest seated official of a government unit. With the multitudes of Laws, Acts, and Codes that are currently implemented in the country, it is understandable to question, “What are the purpose of these laws? Why are they here? Wouldn’t it be better to have no laws at all?” Generally, the laws are implemented to safeguard life and property through setting limitations and standards. These serves as guidelines to conflicts and disputes and without them, chaos would rule over the lands. 2|Page  CEng 133 – Building Systems Design Lesson 1.2. HOW ARE LAWS PROCESSED AND PASSED? Any law in the Philippines goes through a process of scrutiny. It involves both the House of Representatives and the Senates decision whether a submitted proposal is good or not. The rigorous process of passing a law is as follows: A. Submission of Proposal Refers to the first step of submitting proposed or suggested rules to be included in the law. This may be done by the President, Government Agencies, Private Individuals, Interested Groups, or Legislators. The proposal is termed as “Bill” and depending on where it was submitted, it could either be a House Bill (HB) or a Senate Bill (SB) that is assigned a reference number. (e.g. HB No. 7337 An Act Further Amending Republic Act 4566 To Promote Competition and Investments in the Construction Contracting Services Industry, SB No. 2087 An act to Ordain the New Building Code of the Philippines). After the submission, the first round of scrutiny begins. B. First Round Refers to the scrutiny of the bill to be done by either the House of Representatives or Senate, depending on where the bill was submitted, i.e. if HB then House of Representatives, if SB then Senate. The First round is divided into three phases called “readings”. The activities of each reading are as follows. a. First Reading 1. Reading of Titles/Authors and Referral to appropriate Committees 2. Committees studies and formulates recommendation i. If action is favorable, a report is submitted to the Committee on Rules ii. If action is unfavorable, the bill is “Laid on the Table” or simply declined from further process. 3. Committee on Rules includes the Bill in Calendar of Business b. Second Reading 1. Period for soliciting Sponsorships 2. Period of Debates to assess pros and cons of the Bill 3. Period of Amendments based on the results of the debates 4. Voting is commenced i. If favorable, the bill is calendared for the third reading ii. If unfavorable, the bill is archived 3|Page  CEng 133 – Building Systems Design Lesson 1.2. c. Third Reading 1. Bill is distributed in final form 2. Roll call vote commences i. If approved, the bill is transmitted to the other house ii. If disapproved, the bill is archived C. Second Round Refers to the scrutiny of the bill to done by the other house, i.e. if HB then Senate, if SB then House of Representatives. The activities followed during this round is the same as the activities during the first round. D. Bicameral Conference Committee Refers to the joint committee formed by the two houses in order to reconcile conflicting provisions and differences in the approved bills, if any. E. Ratification Refers to the process where the Bill, approved by both houses, is ratified, printed, and enrolled. After its ratification, the Bill is now ready for final approval. F. Final Approval Refers to the process of submitting the Bill to the President for action. The action of the President may be either: a. Approved Refers to the approval of the bill by the President thus making it into Law. b. Veto Refers to the disapproval or further amendments of the bills and is returned to the originating house. The house may then: 1. Accept the veto; or 2. Override the Veto by 2/3 vote of both houses and the bill will be passed into law. c. No Action Refers to the no action of the President where in a Bill will automatically lapse into Law after a period of 30 days from receiving the bill. G. Publication and Effectivity Refers to the publication of a Law in the Official Gazette or in at least two national newspapers of general circulations. 15 days thereafter makes the beginning of the effectivity of the Law. 4|Page  CEng 133 – Building Systems Design Lesson 1.2. LAWS THAT AFFECT BUILDING DESIGN To ensure the safety of the users of a building, there are certain laws that have set forth minimum requirements and limitations. Here are the major laws that cover all types of building occupancies. No. PD 1096 Title Adopting A National Building Code of the Philippines Thereby Revising Republic Act Numbered Sixty-Five Hundred Forty-One Short Title National Building Code of the Philippines Details Revised RA 6541 Approved February 19, 1977 by Pres. Ferdinand E. Marcos Implementing Rules and Regulation (IRR) of 2004 Published by Department of Public Works and Highways (DPWH) Checked by Office of the Building Official, Architectural Section General General provisions for application of building permits as well as the Content implementation of the code. Classifications of occupancy and their allowable principal, accessory, and conditional structures as well as their zoning classifications. Minimum building requirements as well as minimum construction practices. No. BP 344 Title An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions, Establishments and Public Utilities to install Facilities and Other Devices Short Title Accessibility Law Details Approved February 25, 1983 by Pres. Ferdinand E. Marcos Implementing Rules and Regulation (IRR) of 2008 Published by National Council for Disability Affairs (NCDA) Checked by Office of the Building Official, Architectural Section General Minimum required facilities and features to cater PWDs. Content No. RA 9514 Title An Act Establishing a Comprehensive Fire Code of the Philippines, Repealing Presidential Decree No. 1185 and For Other Purposes Short Title Fire Code of the Philippines of 2008 Details Repealed PD 1185 Approved December 19, 2008 by Pres. Gloria M. Arroyo Implementing Rules and Regulation (IRR) of 2019 (Latest Revision) Published by Bureau of Fire Protection (BFP) Checked by BFP Fire Marshall of the locality 5|Page  CEng 133 – Building Systems Design Lesson 1.2. General Minimum required building features that prevent the propagation of Content fire. Minimum required building features that aids the users in exiting the building during an event of fire. Minimum requirements for building that handle hazardous materials Title National Structural Code of the Philippines Volume 1: Buildings, Towers, and Other Vertical Structures Details Referral Code to PD 1096 7th Edition (2015) Publish by Association of Structural Engineers in the Philippines, Inc. (ASEP) Checked by Office of the Building Official, Civil/Structural Section General Minimum design loads for structural elements. Content Recommended calculations including safety factors for structural components and systems No. RA 1378 Title Plumbing Law of 1999 Details Approved June 18, 1955 by Pres. Ramon Magsaysay Revised and Approved December 21, 1999 by Pres. Joseph E. Estrada Published by the National Master Plumbers Association of the Philippines, Inc. Checked by Office of the Building Official, Plumbing/Sanitary Section General Minimum design requirements for plumbing elements. Content Recommended calculations including safety factors for plumbing components and systems No. PD 856 Title Code on Sanitation of the Philippines Details Approved December 23,1975 by Pres. Ferdinand E. Marcos Implementing Rules and Regulation (IRR) of 1998 Published by Department of Health (DOH) Checked by Office of the Building Official, Plumbing/Sanitary Section General Minimum design requirements for sanitary facilities. Content Recommended calculations including safety factors for sanitary components and systems Title Philippine Electrical Code Part I of 2017 Details Referral Code to PD 1096 2017 Edition 6|Page  CEng 133 – Building Systems Design Lesson 1.2. Published by institute of Integrated Electrical Engineers of the Philippines, Inc. Checked by the Office of the Building Official, Electrical Section General Minimum design requirements for electrical elements. Content Recommended calculations including safety factors for electrical components and systems Other laws that may indirectly affect the design of a building includes: No. BP 220 Title Economic and Socialized Housing Projects Details Implementing Rules and Regulation (IRR) of 2008 Published by Housing and Land-Use Regulatory Board (HLURB) General Minimum design requirements and standards for Economic and Content Socialized Housing Projects. No. PD 957 Title Subdivision and Condominium Buyer’s Protective Decree Details Implementing Rules and Regulation (IRR) of 2009 Published by Housing and Land-Use Regulatory Board (HLURB) General Minimum design requirements and standards for Subdivision and Content Condominium Projects. Title Philippine Green Building Code Details Published by Department of Public Works and Highways (DPWH) General Guidelines for designs that consider Green Features as well as Content criteria for accreditation. Professional Regulatory Laws Number Title Applied to RA 9266 Architecture Act Architects RA 544 Civil Engineering Laws Civil/Structural Engineers RA 1378 Plumbing Law Master Plumbers RA 7920 Electrical Engineering Law Professional Electrical Engineers RA 8495 Mechanical Engineering Law Professional Mechanical Engineers Professional Electronics and RA 9292 Electronics Engineering Law Communications Engineers RA 9200 Geodetic Engineering Law Geodetic Engineers RA 1364 Sanitary Engineering Law Sanitary Engineers RA 10350 Interior Design Act Interior Designers RA 9053 Landscape Architecture Act Landscape Architects 7|Page  CEng 133 – Building Systems Design Lesson 1.2. Other guidelines may also affect a buildings design. These guidelines may be applied specifically to an occupancy, such as the case of Hospital Design Requirements as published by the Department of Health (DOH), or to a locality, such as those of Local City/Municipality Ordinances, or even to specific personnel during a work activity, such as the Occupational Safety and Health (OSH) Guidelines as published by the Department of Labor and Employment (DOLE). Regardless of whether these laws or guidelines are clearly posted or implemented, a professional’s duty is to make sure that the safety of the users, owner, and even workers during construction is at the utmost priority which can be achieved by following the laws and guidelines. Thus, it is important to know the laws that govern the design of a building prior to designing. -End of Lesson- 8|Page