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Thursday, 25 August 2011

Senate Bill 2109 - FURTHER AMENDING REPUBLIC ACT NO. 544, AS AMENDED, OR THE CIVIL ENGINEERING LAW

SBN 2109 - FURTHER AMENDING REPUBLIC ACT NO. 544, AS AMENDED, OR THE CIVIL ENGINEERING LAW

FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

S E N A T E

S. B. No. 2109

Introduced by Senator FRANCIS G. ESCUDERO

EXPLANATORY NOTE

The Civil Engineering Law, Republic Act No. 544, which governs the practice of Civil Engineering in the Philippines, was last amended 49 years ago.

Since then, the number of registered civil engineers has grown to over 100,000 today. A new role for the civil engineer has likewise evolved in the light of the globalization and cross-boarder practice. Whereas before the civil engineer was confined to the application of technical knowledge with a boarder range of issues to deal with, the civil engineer now has to face the challenges of integrating the socio-economic and environmental issues with the technical aspects of the construction projects. The civil engineer is constantly challenged to design and build developments in a manner that is environmentally sound, socially acceptable, and globally competitive.

This bill, with its proposed amendments of the law, seeks to achieve the following objectives:

1. To attune the law to national development needs;

2. To strengthen the profession and enable civil engineers to cope with the formidable challenges brought about by globalization and cross-boarder practice;

3. To continually upgrade the level of competence of the civil engineers through:

a. peer recognition of specialization in civil engineering;
b. continuous professional development; and
c. the strengthening of the accredited professional organization of civil engineers;

In view of the foregoing, the immediate passage of this proposed legislation is earnestly sought.

(Signed)

FRANCIS G. ESCUDERO
Senator

FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

S E N A T E

S. B. No. 2109

Introduced by Senator FRANCIS G. ESCUDERO

AN ACT
FURTHER AMENDING REPUBLIC ACT NO. 544, AS AMENDED, OR THE CIVIL ENGINEERING LAW

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

SECTION 1. Sections 2, 4, 13, 16 and 19 of Republic Act No. 544, as amended, are hereby further amended to read as follows:

"Section 2. Definition of Terms.

(a)The practice of civil engineering within the meaning and intent of this Act shall embrace services in the form of consultation, design, preparation of plans, specifications, estimates, erection, installation and supervision of the construction of streets, bridges, highways, railroads, airports and hangars, port works, canals, river and shore improvements, lighthouses, and dry docks; buildings, fixed structures [or irrigation, flood protection, drainage, water supply and sewerage works; demolition of permanent structures; and tunnels. The enumeration of any work in this section shall not be construed as excluding any other work requiring civil engineering knowledge and application.

(b)The term "civil engineer" as used in this act shall mean a person duly registered with the Board for Civil Engineers in the manner as hereinafter provided.

(C)ACCREDITED PROFESSIONAL ORGANIZATION OF CIVIL ENGINEERS (APOCE) SHALL MEAN THE PHILIPPINE INSTITUTE OF CIVIL ENGINEERS (PICE) WHICH IS THE OFFICIAL NATIONAL ORGANIZATION OF ALL REGISTERED CIVIL ENGINEERS IN THE PHILIPPINES AS ACCREDITED BY THE PROFESSIONAL REGULATION COMMISSION."

"Section 4. Powers and duties of the Board. - The Board of Examiners of Civil Engineers is vested with authority, conformable with the provisions of this Act, to administer oaths, issue, suspend and revoke certificates of registration for the practice of civil engineering, [issue certificates of recognition to civil engineers already registered under this Act for advance studies, research, and/ or highly specialized training in any branch of civil engineering, subject to the approval of the Secretary of the Public Works and Communications,] to investigate such violations of this Act and the regulations, there-under as may come to the knowledge of the Board and, for this purpose, issue subpoena and subpoena duces tecum to secure appearance of witnesses in connection with the charges presented to the Board, to inspect at least once a year educational institutions offering courses in civil engineering, civil engineering works, project or corporations, established in the Philippines and, for safe-guarding of life, health and property, to discharge such other powers and duties as may affect ethical and technological standards of the civil engineering profession in the Philippines. For the purpose of this act, the Director of the Public Works and/or his authorized representative in the provinces and chartered cities shall be ex-officio agents of the Board and as such shall be their duty to help in the enforcement of the provisions of this Act.

The Board may, with the approval of the Secretary of Public Works and Communications issue] PROMULGATE such rules and regulations as may be deemed necessary to carry out the provisions of this act. THE LA TEST EDITION OF THE CIVIL ENGINEERING CODE, THE MANUAL OF PROFESSIONAL PRACTICE OF CIVIL ENGINEERS AS PREPARED BY THE APOCE AND APPROVED BY THE BOARD SHALL FORM PART OF THE IMPLEMENTING RULES AND REGULATIONS. The Board shall also adopt a code of ethics in the practice of civil engineering and have an official seal to authenticate its official documents."

"SECTION 4 (A). CERTIFICATE OF SPECIALIZATION - IN ORDER TO ENCOURAGE THE CONTINUING PROFESSIONAL DEVELOPMENT OF REGISTERED CIVIL ENGINEERS, THE ACCREDITED PROFESSIONAL ORGANIZATION OF CIVIL ENGINEERS (APOCE) BY THE PROFESSIONAL REGULA TION COMMISSION SHALL BE VESTED WITH AUTHORITY CONFORMABLE WITH THE PROVISIONS OF THIS ACT, TO ISSUE A CERTIFICATE OF SPECIALIZATION TO A REGISTERED CIVIL ENGINEER WHO HAS DEMONSTRATED HIS ADVANCE KNOWLEDGE, EXPERIENCE, EDUCATION, AND TRAINING IN A RECOGNIZED BRANCH OF CIVIL ENGINEERING: PROVIDED, THAT AT THE INITIAL EFFECTIVITY OF THIS ACT, THE SPECIALIZATION OF CONSTRUCTION MANAGEMENT AND ENGINEERING, GEOTECHNICAL ENGINEERING, STRUCTURAL ENGINEERING, TRANSPORTATION ENGINEERING, AND WATER RESOURCES AND HYDRAULICS ENGINEERING SHALL BE SO RECOGNIZED. PROVIDED FURTHER, OTHER SPECIALIZATION MAY ADDITIONALLY BE RECOGNIZED BY THE APOCE. SPECIALISTS IN EACH RECOGNIZED BRANCH MA Y FORM A SPECIALTY ORGANIZATION OF CIVIL ENGINEERS (SOCE): PROVIDED FURTHER THAT THIS SOCE IS AFFILIATED TO AND RECOGNIZED BY THE APOCE. PROVIDED FINALLY, THERE IS ONLY ONE SOCE FOR EACH RECOGNIZED BRANCH OF CIVIL ENGINEERING, WITHOUT PREJUDICE TO MEMBERSHIP IN OTHER VOLUNTARY PROFESSIONAL ORGANIZATIONS. THE HOLDER OF SUCH CERTIFICATE OF SPECIALIZATION MAY USE THE SPECIALIST TITLE IN THE SIGNING OF RELEV ANT PLANS AND DOCUMENTS. THE APOCE SHALL HAVE THE AUTHORITY TO SUSPEND OR REVOKE A CERTIFICATE OF SPECIALIZATION PREVIOUSLY ISSUED ON GROUNDS OF VIOLATION OF ANY OF THE PROVISION OF THIS ACT."

"Section 13. Oath of Civil Engineers. - All successful candidates in the examination shall be required to take a professional oath before the Board Examiners of Civil Engineers or other government officials authorized to administer oaths, prior to entering upon the practice of the civil engineering profession. ALL REGISTERED CIVIL ENGINEERS SHALL ALSO TAKE THEIR OATH AS MEMBERS OF THE ACCREDITED PROFESSIONAL ORGANIZATION OF CIVIL ENGINEERS (APOCE) AND SHALL COMPLY WITH ALL THEIR MEMBERSHIP REQUIREMENT."

"Section 16. Refusal to Issue Certificate - The Board of Examiners for Civil Engineers shall not Issue a certificate to any person convicted by a court of a competent jurisdiction of any criminal offense involving moral turpitude, or to any person guilty of immoral or dishonorable conduct, or to any person of unsound mind. THE BOARD SHALL NOT ISSUE A CERTIFICATE TO ANY PERSON WHO JS NOT A MEMBER OF GOOD STANDING OF THE APOCE. In the vent of a refusal to issue a certificate to any person, the Board shall give to the applicant a written statement setting forth its reason for such action, which statement shall be incorporated in the records of the Board."

"Section 19. Transitory Provisions. As soon as this Act takes effect, any person desiring to practice the profession of civil engineering shall be required to obtain a certificate of registration in the manner and under the conditions hereinafter provided. All civil engineers duly licensed under the provisions of Act Numbered Twenty-nine hundred and eighty-five, as amended, at the time this Act takes effect, shall be automatically registered under the provisions hereof. Certificates of registration held by such persons in good standing shall have the same force and effect as though the same have been issued under the provisions of this Act. CERTIFICATES OF SPECIALIZATION ISSUED TO REGISTERED CIVIL ENGINEER BY THE BOARD OR ACCREDITED PROFESSIONAL ORGANIZATION FOR CIVIL ENGINEERING (APOCE) HELD BY SUCH PERSONS IN GOOD STANDING SHALL HAVE THE SAME FORCE AND EFFECT AS THOUGH THE SAME HAVE BEEN ISSUED UNDER THE PROVISIONS OF THIS ACT."

SEC. 2. Repealing Clause. - All other laws, decrees, presidential issuances, proclamations, and administrative regulations inconsistent with or contrary to the provisions of this Act are hereby amended, modified or repealed accordingly, specifically, among others, Executive Order No. 495
dated 06 December 1992.

SEC. 3. Separabilily Clause. - In the event that any provision of this Act is declared void or unconstitutional such declaration shall not affect the validity of the unaffected provisions of this Act.

SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.

Approved,

Monday, 15 August 2011

Building Laws

PD 1096: National Building Code
* Implementing Rules & Regulations
   IRR Rules I-VI
   IRR Rules VII
   IRR Rules VIII
   IRR Rules IX-XXI

RA 9514: Fire Code of the Philippines
* Implementing Rules & Regulations

PD 856: Code on Sanitation of the Philippines
* Implementing Rules & Regulations

BP 344: Accessibility Law
* Implementing Rules & Regulations

PD 957: The Subdivision & Condominium Buyers Protective Decree
* Implementing Rules & Regulations

BP 220: Standards for Economic and Socialized Housing

PD 1216: Defining "Open Space" in Residential Subdivisions

PD 1067: The Water Code of the Philippines

PD 856: Code on Sanitation of the Philippines
* Implementing Rules & Regulations

RA 9154 Revised Fire Code of the Philippines of 2008

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fourteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight.
Republic Act No. 9514 December 19, 2008
Repealed PD 1185
AN ACT ESTABLISHING A COMPREHENSIVE FIRE CODE OF THE PHILIPPINES, REPEALING PRESIDENTIAL DECREE NO. 1185 AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. This Act shall be known as the "Revised Fire Code of the Philippines of 2008".
Section 2. It is the policy of the State to ensure public safety and promote economic development through the prevention and suppression of all kinds of destructive fires and promote the professionalization of the fire service as a profession. Towards this end, the State shall enforce all laws, rules and regulations to ensure adherence to standard fire prevention and safety measures, and promote accountability for fire safety in the fire protection service and prevention service.
Section 3. Definition of Terms. - As used in this Fire Code, the following words and phrases shall mean and be construed as indicated:
Abatement - Any act that would remove or neutralize a fire hazard.
Administrator - Any person who acts as agent of the owner and manages the use of a building for him.
Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off explosives.
Cellulose Nitrate Or Nitro Cellulose - A highly combustible and explosive compound produced by the reaction of nitric acid with a cellulose material.
Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having cellulose nitrate (nitro cellulose) as base.
Combustible, Flammable or Inflammable - Descriptive of materials that are easily set on fire.
Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in commerce.
Combustible Liquid - Any liquid having a flash point at or above 37.8_C (100_F).
Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain chemicals.
Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and extending below the bottom chord of the roof trusses, to divide the underside of the roof into separate compartments so that heat and smoke will be directed upwards to a roof vent.
Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with other elements produces a rapid drop in temperature of the immediate surroundings.
Damper - A normally open device installed inside an air duct system which automatically closes to restrict the passage of smoke or fire.
Distillation - The process of first raising the temperature in separate the more volatile from the less volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified substance.
Duct System - A continuous passageway for the transmission of air.
Dust - A finely powdered substance which, when mixed with air in the proper proportion and ignited will cause an explosion.
Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current across a space between two conductors or terminals due to the incandescence of the conducting vapor.
Ember - A hot piece or lump that remains after a material has partially burned, and is still oxidizing without the manifestation of flames.
Finishes - Materials used as final coating of a surface for ornamental or protective purposes.
Fire - The active principle of burning, characterized by the heat and light of combustion.
Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire escapes.
Fire Alarm - Any visual or audible signal produced by a device or system to warm the occupants of the building or fire fighting elements of the presence or danger of fire to enable them to undertake immediate action to save life and property and to suppress the fire.
Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions.
Fire Hazard - Any condition or act which increases or may cause an increase in the probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the safeguarding of life and property.
Fire Lane - The portion of a roadway or publicway that should be kept opened and unobstructed at all times for the expedient operation of fire fighting units.
Fire Protective And Fire Safety Device - Any device intended for the protection of buildings or persons to include but not limited to built-in protection system such as sprinklers and other automatic extinguishing system, detectors for heat, smoke and combustion products and other warning system components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other garments that may be put on or worn by persons to protect themselves during fire.
Fire Safety Constructions - Refers to design and installation of walls, barriers, doors, windows, vents, means of egress, etc. integral to and incorporated into a building or structure in order to minimize danger to life from fire, smoke, fumes or panic before the building is evacuated. These features are also designed to achieve, among others, safe and rapid evacuation of people through means of egress sealed from smoke or fire, the confinement of fire or smoke in the room or floor of origin and delay their spread to other parts of the building by means of smoke sealed and fire resistant doors, walls and floors. It shall also mean to include the treatment of buildings components or contents with flame retardant chemicals.
Flash Point - The minimum temperature at which any material gives off vapor in sufficient concentration to form an ignitable mixture with air.
Forcing -A process where a piece of metal is heated prior to changing its shape or dimensions.
Fulminate - A kind of stable explosive compound which explodes by percussion.
Hazardous Operation/Process - Any act of manufacturing, fabrication, conversion, etc., that uses or produces materials which are likely to cause fires or explosions.
Horizontal Exit - Passageway from one building to another or through or around a wall in approximately the same floor level.
Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and arranged for fire fighting.
Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and connected.
Hypergolic Fuel - A rocket or liquid propellant which consist of combinations of fuels and oxidizers which ignite spontaneously on contact with each other.
Industrial Baking And Drying - The industrial process of subjecting materials to heat for the purpose of removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform glazing the surface of materials being treated.
Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical system.
Occupancy - The purpose for which a building or portion thereof is used or intended to be used.
Occupant - Any person actually occupying and using a building or portions thereof by virtue of a lease contract with the owner or administrator or by permission or sufferance of the latter.
Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It causes fire when in contact with combustible materials especially under conditions of high temperature.
Overloading - The use of one or more electrical appliances or devices which draw or consume electrical current beyond the designed capacity of the existing electrical system.
Owner - The person who holds the legal right of possession or title to a building or real property.
Oxidizing Material - A material that readily yields oxygen in quantities sufficient to stimulate or support combustion.
Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is subjected to pressure prior to discharge into the combustion chamber and/or which includes fans or other provisions for the introduction of air at above normal atmosphere pressure into the same combustion chamber.
Public Assembly Building - Any building or structure where fifty (50) or more people congregate, gather, or assemble for any purpose.
Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky, deeded, dedicated or otherwise permanently appropriated for public use.
Pyrophoric - Descriptive of any substance that ignites spontaneously when exposed to air.
Refining - A process where impurities and/or deleterious materials are removed from a mixture in order to produce a pure element of compound. It shall also refer to partial distillation and electrolysis.
Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat and delay the spread of fire.
Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities from pure metals.
Sprinkler System - An integrated network of hydraulically designed piping installed in a building, structure or area with outlets arranged in a systematic pattern which automatically discharges water when activated by heat or combustion products from a fire.
Standpipe System - A system of vertical pipes in a building to which fire hoses can be attached on each floor, including a system by which water is made available to the outlets as needed.
Vestibule - A passage hall or antechamber between the outer doors and the interior parts of a house or building.
Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as well as from the base to the top of the building.
Section 4. Applicability of The Code. - The provisions of the Fire Code shall apply to all persons and all private and public buildings, facilities or structures erected or constructed before and after its effectivity.
Section 5. Responsibility for the Enforcement of this Code. - This Code shall be administered and enforced by the Bureau of Fire Protection (BFP), under the direct supervision and control of the Chief of the Bureau of Fire Protection, through the hierarchy of organization as provided for in Chapter VI of Republic Act No. 6975. with the approval of the Secretary of the Department of the Interior and Local Government (DILG), the BFP, is hereby authorized to:
a. Issue implementing rules and regulations, and prescribe standards, schedules of fees/fire service charges and administrative penalties therefore as provided in the pertinent provisions of this Code;
b. Reorganize the BFP as may be necessary and appropriate;
c. Support and assist fire volunteers, practitioners and fire volunteer organizations in the country who shall undergo mandatory fire suppression, inspection, rescue, emergency medical services and related emergency response trainings and competency evaluations to be conducted by the BFP. In the case of the Fire practitiones, they shall undergo mandatory continuous professional education and competency evaluation of their expertise, knowledge and skills in the area of fire science, engineering and technology to be conducted by the BFP;
The BFP may enter into external party agreements for the conduct of training, education and evaluation of fire volunteers, practitioners and fire volunteer organizations, which shall be under the full control and supervision of the BFP: Provided, however, That during firefighting operations, fire volunteer organizations shall be under the direct operational control of the fire ground commanders of the BFP;
d. Enter into long term agreement, either through public biddings or negotiations in accordance with the provisions of Republic Act No. 9184, otherwise known as the Government Procurement Reform Act of 2003, for the acquisition of fire prevention, fire protection and fire fighting investigation, rescue, paramedics, hazardous material handling equipment, supplies, materials and related technical services necessary for the fire services;
e. Enter into Memoranda of Agreement with other departments, bureaus, agencies, offices and corporations of the government, as well as private institutions, in order to define areas of cooperation and coordination and delineate responsibility on fire prevention education, fire safety, fire prevention, fire suppression and other matters of common concern;
f. Call on the police, other law enforcement agencies, and local government assistance to render necessary assistance in the enforcement of this Code;
g. Designate a fire safety inspector through his/her duly authorized representative, who shall conduct an inspection of every building or structure within his area of responsibility at least once a year and every time the owner, administrator or occupant shall renew his/her business permit or permit to operate;
No occupancy permit, business or permit to operate shall be issued without securing a Fire Safety Inspection Certification (FSIC) from the Chief, BFP, or his/her duly authorized representative;
h. Inspect at reasonable time, any building, structure, installation or premises for dangerous or hazardous conditions or materials as set forth in this Code, provided that in case of single family dwelling, an inspection must be upon the consent of the occupant or upon lawful order from the proper court. The Chief, BFP or his/her duly authorized representative shall order the owner/occupant to remove hazardous materials and/or stop hazardous operation/process in accordance with the standards set by this Code or its implementing rules or regulations or other pertinent laws;
i. Where conditions exist and are deemed hazardous to life and property, to order the owner/occupant of any building or structure to summarily abate such hazardous conditions;
j. Require the building owner/occupant to submit plans and specifications, and other pertinent documents of said building to ensure compliance with applicable codes and standards; and
k. Issue a written notice to the owner and/or contractor to stop work on portion of any work due to absence, or in violation of approved plans and specifications, permit and/or clearance or certification as approved by the Chief, BFP or his/her duly authorized representative. The notice shall state the nature of the violation and no work shall be continued on that portion until the violation has been corrected.
Section 6. Technical Staff. - The Chief, BFP shall constitute a technical staff of highly qualified persons who are knowledgeable on fire prevention, fire safety, and fire suppression. They may be drawn not only from the organic members of the BFP and other government offices and agencies, but also from other sources. In the latter case, they will either be appointed into the service or hired as consultants in accordance with law. The technical staff shall study, review and evaluate latest developments and standards on fire technology; prepare plans/programs on fire safety, prevention and suppression and evaluate implementation thereof; develop programs on the professionalization of the fire service; coordinate with appropriate government and private institutions for the offering of college courses on fire technology and fire protection engineering; propose amendments to the Fire Code; advise the Chief, BFP on any matter brought to his attention; and perform such other functions as directed on any matter brought to his attention and perform such other functions as directed by higher authorities.
Section 7. Inspections, Safety Measures, Fire Safety, Constructions, and Protective and/or Warning Systems. - As may be defined and provided in the Rules and Regulations, owners, administrators or occupants of buildings, structures and their premises or facilities and other responsible persons shall be required to comply with the following, as may be appropriate:
a. Inspection Requirement - A fire safety inspection shall be conducted by the Chief, BFP or his duly authorized representative as prerequisite to the grants of permits and/or licenses by local governments and other government agencies concerned, for the:
(1) Use or occupancy of buildings, structures, facilities or their premises including the installation or fire protection and fire safety equipment, and electrical system in any building structure or facility; and
(2) Storage, handling and/or use of explosives or of combustible, flammable, toxic and other hazardous materials;
b. Safety Measures for Hazardous Materials - Fire safety measures shall be required for the manufacture, storage, handling and/or use of hazardous materials involving:
(1) cellulose nitrate plastic of any kind;
(2) combustible fibers;
(3) cellular materials such as foam, rubber, sponge rubber and plastic foam;
(4) flammable and combustible liquids or gases of any classification;
(5) flammable paints, varnishes, stains and organic coatings;
(6) high-piled or widely spread combustible stock;
(7) metallic magnesium in any form;
(8) corrosive liquids, oxidizing materials, organic peroxide, nitromethane, ammonium nitrate, or any amount of highly toxic, pyrophoric, hypergolic, or cryogenic materials or poisonous gases as well as material compounds which when exposed to heat or flame become a fire conductor, or generate excessive smoke or toxic gases;
(9) blasting agents, explosives and special industrial explosive materials, blasting caps, black powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind, and plastic explosives containing ammonium salt or chlorate;
(10) fireworks materials of any kind or form;
(11) matches in commercial quantities;
(12) hot ashes, live coals and embers;
(13) mineral, vegetable or animal oils and other derivatives/by products;
(14) combustible waste materials for recycling or resale;
(15) explosive dusts and vapors; and
(16) agriculture, forest, marine or mineral products which may undergo spontaneous combustion.
(17) any other substance with potential to cause harm to persons, property or the environment because of one or more of the following: a) The chemical properties of the substance; b) The physical properties of the substance; c) The biological properties of the substance. Without limiting the definition of hazardous material, all dangerous goods, combustible liquids and chemicals are hazardous materials.
c. Safety Measures for Hazardous Operation/Processes - Fire Safety measures shall be required for the following hazardous operation/processes:
(1) welding or soldering;
(2) industrial baking and drying;
(3) waste disposal;
(4) pressurized/forced-draft burning equipment;
(5) smelting and forging;
(6) motion picture projection using electrical arc lamps;
(7) refining, distillation and solvent extraction; and
(8) such other operations or processes as may hereafter be prescribed in the Rules and Regulations.
d. Provision on Fire Safety Construction, Protective and Warning System - Owners, occupants or administrator or buildings, structures and their premises or facilities, except such other buildings or structures as may be exempted in the rules and regulations to be promulgated under Section 5 hereof, shall incorporate and provide therein fire safety construction, protective and warning system, and shall develop and implement fire safety programs, to wit:
(1) Fire protection features such as sprinkler systems, hose boxes, hose reels or standpipe systems and other fire fighting equipment;
(2) Fire Alarm systems;
(3) Fire walls to separate adjoining buildings, or warehouses and storage areas from other occupancies in the same building;
(4) Provisions for confining the fire at its source such as fire resistive floors and walls extending up to the next floor slab or roof, curtain boards and other fire containing or stopping components;
(5) Termination of all exits in an area affording safe passage to a public way or safe dispersal area;
(6) Stairway, vertical shafts, horizontal exits and other means of egress sealed from smoke and heat;
(7) A fire exit plan for each floor of the building showing the routes from each other room to appropriate exits, displayed prominently on the door of such room;
(8) Self-closing fire resistive doors leading to corridors;
(9) Fire dampers in centralized airconditioning ducts;
(10) Roof vents for use by fire fighters; and
(11) Properly marked and lighted exits with provision for emergency lights to adequately illuminate exit ways in case of power failure.
Section 8. Prohibited Acts. - The following are declared as prohibited act and omission.
(a) Obstructing or blocking the exit ways or across to buildings clearly marked for fire safety purposes, such as but not limited to aisles in interior rooms, any part of stairways, hallways, corridors, vestibules, balconies or bridges leading to a stairway or exit of any kind, or tolerating or allowing said violations;
(b) Constructing gates, entrances and walkways to buildings components and yards which obstruct the orderly and easy passage of fire fighting vehicles and equipment;
(c) Prevention, interference or obstruction of any operation of the Fire Service, or of duly organized and authorized fire brigades;
(d) Obstructing designated fire lanes or access to fire hydrants;
(e) Overcrowding or admission of persons beyond the authorized capacity in movie houses, theaters, coliseums, auditoriums or other public assembly buildings, except in other assembly areas on the ground floor with open sides or open doors sufficient to provide safe exits;
(f) Locking fire exits during period when people are inside the building;
(g) Prevention or obstruction of the automatic closure of fire doors or smoke partitions or dampers;
(h) Use of fire protective of fire fighting equipment of the fire service other than for fire fighting except in other emergencies where their use are justified;
(i) Giving false or malicious fire alarms;
(j) Smoking in prohibited areas as may be determined by fire service, or throwing of cigars, cigarettes, burning objects in places which may start or cause fire;
(k) Abandoning or leaving a building or structure by the occupant or owner without appropriate safety measures;
(l) Removing. destroying, tampering or obliterating any authorized mark, seal, sign or tag posted or required by the fire service for fire safety in any building, structure or processing equipment; and
(m) Use of jumpers or tampering with electrical wiring or overloading the electrical system beyond its designated capacity or such other practices that would tend to undermine the fire safety features of the electrical system.
Section 9. Violation, Penalties and Abatement of Fire Hazard. - Fire hazards shall be abated immediately. The Chief, BFP or his/her duly authorized representative, upon the report that a violation of this Code or other pertinent laws, rules and regulations is being committed, shall issue notice/order to comply to the owner, administrator, occupant or other person responsible for the condition of the building or structure, indicating among other things, the period within which compliance shall be effected, which shall be within ten (10) to fifteen (15) days after the receipt of the notice/order, depending on the reasonableness to adequately comply with the same.
If, after the lapse of the aforesaid period, the owner, administrator, occupant or other responsible person failed to comply, the Chief, BFP or his/her authorized representative shall put up a sign in front of the building or structure that it is fire hazard. Specifically, the notice shall bear the words "WARNING: THIS BUILDING/STRUCTURE IS A FIRE HAZARD", which shall remain posted until such time that the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities abate the same, but such period shall not exceed fifteen (15) days from the lapse of the initial period given in the notice/order to comply.
Finally, with the failure of the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities to comply within the period specified above, the Chief, BFP may issue order for such abatement. If the owner, administrator or occupant of buildings, structure and their premises or facilities does not abate the same within the period fixed in said order, the building, structure, premises or facilities shall be ordered closed by the Chief, BFP or his/her duly authorized representative notwithstanding any permit clearance or certificate earlier issued by the local authorities.
Any building or structure assessed and declared by the chief, BFP or his/her duly authorized representative as a firetrap on account of the gravity or palpability of the violation or is causing clear and present imminent fire danger to adjoining establishments and habitations shall be declared a public nuisance, as defined in the Civil Code of the Philippines in a notice to be issued to the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities. If the assessed value of the nuisance or the amount to be spent in abating the same is not more than One hundred thousand pesos (P100,000.00), the owner, administrator or occupant thereof shall abate the hazard within fifteen (15) days, or if the assessed value is more than One hundred thousand pesos (P100,000.00), within thirty (30) days from receipt of the order declaring said building or structure a public nuisance; otherwise, the Chief, BFP or his/her duly authorized representative shall forthwith cause its summary abatement. failure to comply within five (5) days from the receipt of the notice shall cause the Chief, BFP or his/her duly authorized representative to put up a sign in front of the building or structure, at or near the entrance of such premises, notifying the public that such building or structure is a "FIRETRAP", which shall remain until the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities abate the same within the specified period.
Summary abatement as used herein shall mean all corrective measures undertaken to abate hazards which shall include, but not limited to remodeling, repairing, strengthening, reconstructing, removal and demolition, either partial or total, of the building or structure. The expenses incurred by the government for such summary abatement shall be borne by the owner, administrator or occupant. These expenses shall constitute a prior lien upon such property.
Section 10. Enforcement of The Lien. - If the owner, administrator or occupant fails to reimburse the government of the expenses incurred in the summary abatement within ninety (90) days from the completion of such abatement, the building or structure shall be sold at public auction in accordance with existing laws and rules. No property subject of lien under Section 9 hereof, may be sold at a price lower than the abatement expenses incurred by the government. The property shall be forfeited in favor of the government if the highest bid is not at least equal to the abatement expenses.
Section 11. Penalties. -
1. Against the private individual:
a) Administrative fine - Any person who violates any provision of the Fire Code or any of the rules and regulations promulgated under this Act shall be penalized by an administrative fine of not exceeding Fifty thousand (P50,000.00) pesos or in the proper case, by stoppage of operations or by closure of such buildings, structures and their premises or facilities which do not comply with the requirements or by both such administrative fine and closure/stoppage of operation to be imposed by the Chief, BFP.Provided, That the payment of the fine, stoppage of operations and/or closure of such buildings, structures, and their premises or facilities shall not absolve the violator from correcting the deficiency or abating the fire hazard. The decision of the Chief, BFP, under this subsection, may be appealed to the Secretary of the Interior and Local Government. Unless ordered by the Secretary of the Interior and Local Government the appeal shall not stay the execution of the order of the Chief, BFP. The decision of the Secretary of the Interior and Local Government shall be final and executory.
(b) Punitive - In case of willful failure to correct the deficiency or abate the fire hazard as provided in the preceding subsection, the violator shall, upon conviction, be punished by imprisonment of not less than six (6) months nor more than six (6) years, or by a fine of not more than One hundred thousand (P100,000.00) pesos or both such fine and imprisonment; Provided, however, that in case of a corporation, firm, partnership or association, the fine and/or imprisonment shall be imposed upon its officials responsible for such violation, and in case the guilty party is an alien, in addition to the penalties herein prescribed, he shall immediately be deported; Provided, finally, that were the violation is attended by injury, loss of life and/or damage to property, the violator shall be proceeded against under the applicable provisions of the Revised Penal Code.
Any person who, without authority, maliciously removes the sign that a building or structure is a fire hazard/firetrap placed by the authorized person in this Code shall be liable for imprisonment for thirty (30) days or a fine not exceeding One hundred thousand pesos (P100,000.00) or both in the discretion of the court.
Any person, who disobeys the lawful order of the fire ground commander during a firefighting operation shall be penalized with imprisonment of one (1) day to thirty (30) days and a fine of five thousand pesos (P5,000.00).
2. Against the public officer/employee
a) Administrative - The following acts or omissions shall render the public officer/employee in charge of the enforcement of this Code, its implementing rules and regulation and other pertinent laws, administratively liable, and shall be punished by reprimand, suspension or removal in the discretion of the disciplining authority, depending on the gravity of the offense and without prejudice to the provisions of other applicable laws:
(1) Unjustified failure of the public officer/employee to conduct inspection of buildings or structures at least once a year;
(2) Deliberate failure to put up a sign in front of the building or structure within his/her area of responsibility found to be violating this Code, its implementing rules and regulations and other pertinent laws, that the same is a "FIRE HAZARD" or a "FIRETRAP";
(3) Endorsing to the Chief, BFP or his/her duly authorized representative for the certification, or submitting a report that the building or structure complies with the standards set by this Code, its implementing rules or regulations or other pertinent laws when the same is contrary to fact;
(4) Issuance or renewal of occupancy or business permit without the fire safety inspection certificate issued by the Chief, BFP or his/her duly authorized representative;
(5) Failure to cancel the occupancy or business permit after the owner, administrator, occupant or other person responsible for the condition of the building, structure and other premises failed to comply with the notice/order for compliance with the standards set by this Code, its implementing rules and regulations and other pertinent laws, within the specified period;
(6) Failure to abate a public nuisance within fifteen (15) days after the owner, administrator, occupant or other responsible person failed to abate the same within the period contained in the notice to abate;
(7) Abusing his/her authority in the performance of his/her duty through acts of corruption and other unethical practices; or
(8) Other willful impropriety or gross negligence in the performance of his/her duty as provided in this act or its implementing rules and regulations.
b) Punitive - In the case of willful violation involving the abovementioned acts or omissions enumerated under Section 11 subparagraph 2(A) the public officer/employees shall, upon conviction, be punished by imprisonment of not less than six (6) months nor more than six (6) years or by a fine of not more than One hundred thousand (P100,000.00) or both such fine and imprisonment:Provided, That where the violation is attended by injury, loss of life and/or property, the violator shall be proceeded against under the applicable provisions of the Revised Penal Code.
Section 12. Appropriation and Sources of Income. -
(a) To support the manpower, infrastructure and equipment needs of the fire service of the BFP, such amount as may be necessary to attain the objectives of the Fire Code shall be appropriated and included in the annual appropriation of the BFP.
(b) To partially provide for the funding of the fire service the following taxes and fees which shall accrue to the General Fund of the National Government, are hereby imposed:
(1) Fees to be charged for the issuance of certificates, permits and licenses as provided for in Section 7 (a) hereof;
(2) One-tenth of one per centum (0.1%) of the verified estimated value of buildings or structures to be erected, from the owner thereof, but not to exceed fifty thousand (P50,000.00) pesos, one half to be paid prior to the issuance of the building permit, and the balance, after final inspection and prior to the issuance of the use and occupancy permit;
(3) One-hundredth of one per centum (0.10%) of the assessed value of buildings or structures annually payable upon payment of the real estate tax, except on structures used as single family dwellings;
(4) Two per centum (2%) of all premiums, excluding re-insurance premiums for the sale of fire, earthquake and explosion hazard insurance collected by companies, persons or agents licensed to sell such insurances in the Philippines;
(5) Two per centum (2%) of gross sales of companies, persons or agents selling fire fighting equipment, appliances or devices, including hazard detection and warning systems; and
(6) Two per centum (2%) of the service fees received from fire, earthquake, and explosion hazard reinsurance surveys and post loss service of insurance adjustment companies doing business in the Philippines directly through agents.
Section 13. Collection of Taxes, Fees and Fines. - All taxes, fees and fines provided in this Code, shall be collected by the BFP. Provided, That twenty percent (20%) of such collection shall be set aside and retained for use by the city or municipal government concerned, which shall appropriate the same exclusive for the use of the operation and maintenance of its local fire station, including the construction and repair of fire station: Provided,further, That the remaining eighty (80%) shall be remitted to the National Treasury under a trust fund assigned for the modernization of the BFP.
"Sec. 13-A. Assessment of Fire Code Taxes, Fees and Fines. - The assessment of fire code taxes, fees and fines is vested upon the BFP. The BFP shall, subject to the approval of the DILG, prescribe the procedural rules for such purpose.
Sec. 13-B. Collection and Assessment of Local Taxes, Fees and Fines. - The collection and assessment of taxes, fees and fines as prescribed in the Local Government Code, except those contained in this Code, shall be function of the concerned local government units.
Sec. 13-C. Use of Income Generated from the Enforcement of the Fire Code. - The Chief, BFP is authorized, subject to the approval of the Secretary of the Interior and Local Government, to use the income generated under the Fire Code for procurement of fire protection and fire fighting investigation, rescue, paramedics, supplies and materials, and related technical services necessary for the fire service and the improvement of facilites of the Bureau of Fire Protection and abatement of fire hazards.
The BFP shall determine the optimal number of equipment, including, but not limited to, fire trucks and fire hydrants, required by every local government unit for the proper delivery of fire protection services in its jurisdiction.
In the procurement of fire fighting and investigation supplies and materials, the Bureau of Product Standards of the Department of Trade and Industry shall evaluate, determine and certify if the supply to procured conforms to the product standards fixed by the BFP. For this purpose, the BFP shall submit to the Bureau of Product Standards a detailed set of product standards that must be complied with in the procurement of fire fighting and investigation supplies and materials within six (6) months from the effectivity of this act.
Sec. 13-D. Monitoring the Implementation of the Fire Code and the Amount of the Fees Collected. - The Chief, BFP shall, within six (6) month from the effectivity of this Code, submit to the Secretary of the Interior and Local Government for his/her approval, a management tool or mechanism that would ensure effective monitoring of the enforcement of the Fire Code to include the amount of Fire Code fees collected.
Section 14. Within sixty (60) days from the effectivity of this Act, the Secretary of the Interior and Local Government shall issue the rules and regulations for its effective implementation.
Section 15. Presidential Decree No 1185 is hereby repealed. All laws, presidential decrees, letters of instructions, executive orders, rules and regulations insofar as they are inconsistent with this Act, are hereby repealed or amended as the case may be.
Section 16. In case any provision of this Act or any portion thereof is declared unconstitutional by a competent court, other provisions shall not be affected thereby.
Section 17. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) national newspapers of general circulation.
Approved
(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representative
(Sgd.) MANNY VILLAR
President of the Senate
This Act which is a consolidation of Senate Bill No. 2553 and House Bill No. 4115 was finally passed by the Senate and the House of Representative on October 6, 2008 and October 8, 2008, respectively.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representative
(Sgd.) EMMA LIRIO-REYES
Secretary of the Senate
Approved: DEC 19, 2008
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

IRR of PD 856: Code on Sanitation of the Philippines

IMPLEMENTING RULES AND REGULATIONS OF CHAPTER XIX
— "NUISANCES AND OFFENSIVE TRADES AND OCCUPATIONS" OF THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 856)


To carry out the provisions of Chapter XIX — "Nuisances and Offensive Trades and Occupations", of the Code on Sanitation of the Philippines (P.D. 856), these rules and regulations are hereby formulated for implementation and strict compliance of all concerned.


SECTION 1. Scope. —

These implementing rules and regulations shall cover all establishments or entities and public or private premises:

1.1 All those that are likely to produce nuisances such as, but not limited to, the following:
1.1.1 Public or private premises maintained and used in a manner injurious to health;

1.1.2 Breeding places and harborage of vermin;

1.1.3 Animals and their carcasses which are injurious to health;

1.1.4 Accumulation of refuse;

1.1.5 Noxious matter or wastewater discharged improperly in streets;

1.1.6 Animal stockade maintained in a manner injurious to health;

1.1.7 Excessive noise;

1.1.8 Illegal shanties in public or private properties.
1.2 All those that are engaged in offensive trades and occupations such as, but not limited to, the following:
1.2.1 Soap boiling;

1.2.2 Guts cleaning;

1.2.3 Boiling of offal, bone, fat or lard (Permissible if process is performed in a public slaughterhouse under prescribed regulations);

1.2.4 Manufacturing of glue or fertilizer;

1.2.5 Skin curing;

1.2.6 Scrap processing;

1.2.7 Manure storing;

1.2.8 Lime burning;

1.2.9 Lye making; and

1.2.10 Any manufacturing process in which lead, arsenic, mercury, phosphorous, or other poisonous substances is used (The use of such chemicals is permissible in the practice of pharmacy and in printing where ready-made lead types are used).
SECTION 2. Definition of Terms. —

As used in these rules and regulations, the following terms shall mean:
2.1 Abattoir or Slaughterhouse — the establishment or premises used in the slaughter of food animals for human consumption.

2.2 Animal Stockade — any land, building or structure used for the keeping, stabling, feeding, watering, grooming, shoeing, treatment of an animal, or any other veterinary purpose.

2.3 Construction Site — any premises that are being used in connection with the erection, demolition or renovation of a structure.

2.4 Department — the Department of Health.

2.5 Domestic Animal — any animal, such as horse, cattle, swine, fowl, etc., which has been suppressed by man to live and breed in a tame condition.

2.6 Establishment — a collective term construed to include all firms, institutions, entities, including its premises, facilities, equipment, machinery, which are engaged in production, handling, storing, transporting, selling, distributing, using, processing, and disposing any product or substance considered as a nuisance, or which are engaged in offensive trades and occupation.

2.7 Guts Cleaning — cleansing, washing or scouring of bowels or entrails of fishes, poultry, mammals and other animals.

2.8 Health Certificate — a certification in writing using the prescribed form issued by the local health officer to a person after passing the required physical and medical examinations and immunizations.

2.9 Lime Burning — the process of burning limestone or shells.

2.10 Livestock — domestic animals used on a farm, especially those kept as food animals.

2.11 Local Health Authority — an official or employee responsible for the application of a prescribed health measure in a local political subdivision. For a province, the local health authority is the governor and for a city or municipality, the local health authority is the mayor.

2.12 Local Health Officer — the provincial, city or municipal health officer.

2.13 Lye — any strong alkaline solution used for cleansing purposes.

2.14 Lye Making — the process of producing lye from strong alkaline liquor that chiefly contains potassium carbonate.

2.15 Manure — refuse from stables and barnyards, consisting of animal excreta with or without litter.

2.16 Manure Storing — stockpiling or deposition of manure.

2.17 Noise — means an erratic, intermittent, or statistically random oscillation, or any unwanted sound.

2.18 Noxious — anything offensive to the human senses and/or tends to cause injury.

2.19 Nuisance — anything that injures health, endangers life, offends the senses or produces discomfort to a person or group of persons.

2.20 Objectionable Odor — any odor present in the outdoor atmosphere which, by itself or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life and property, or which creates a nuisance.

2.21 Offal — glands, tissues or other internal organs of a slaughtered animal.

2.22 Offensive Trades or Occupation — any trade or occupation that has the potential to cause damage to life and property, injury, pain, unpleasant or nauseating sensation or produces uneasiness and unbearable conditions to a person or group of persons.

2.23 Operator — a person or group of persons who owns, leases, operates, manages, supervises, controls an establishment, its premises and facilities.

2.24 Piggery — refers to any parcel of land, building or other structure used for keeping, raising or breeding, depasturing, feeding or watering of swine.

2.25 Poultry — refers to domesticated fowls, which serve as sources of eggs and meat for human consumption or any other purpose. It includes any species of fowl such as chicken, duck, goose, turkey, quail, pigeon or guinea fowl.

2.26 Premise — includes any land, building or other structure or part thereof.

2.27 Sanitary Engineer — a person duly registered with the Board of Examiners for Sanitary Engineers (R.A. 1364) who heads or works in the sanitation division/section/unit of the local health office or employed with the Department of Health or its regional health offices.

2.28 Sanitary Permit — the certification in writing by the local health officer or in his absence by the chief of the sanitation division/section/unit attesting that the establishment complies with the existing sanitation requirements upon evaluation or inspection conducted in accordance with Presidential Decrees Nos. 522, 856 and local ordinances.

2.29 Sanitation Inspector — an officer employed by the national, provincial, city or municipal government, who enforces sanitary rules, laws and regulations and implements environmental sanitation activities under the supervision of the local health officer/sanitary engineer.

2.30 Scrap Processing — recovering, preparing, treating, disinfecting, or other means of processing of discarded materials such as scrap metals, leftover food from slaughterhouses or food establishments, or any reusable solid or liquid.

2.31 Secretary — the Secretary of Health.

2.32 Skin Curing/tanning — an art or process by which a skin of an animal is exposed to the sun.

2.33 Soap Boiling — the process of boiling, cleansing or emulsifying an agent that is made usually by the action of alkali on fats, fat acids and oil in boiling or cold process, consisting essentially of a mixture of water-soluble sodium or potassium salts of fat acids, and may contain other ingredients such as sodium carbonate or other builders, perfume, coloring agents, fluorescent dyes, disinfectants, or abrasive material.

2.34 Sound Level Meter — means any instrument and its appurtenances used for the measurement of noise and sound level.

2.35 Stray Animal — animal/s not subject to the control and/or found in a place outside the premises of its owner.

2.36 Vermin — a group of insects such as flies, mosquitoes, cockroaches, lice, ticks, and bedbugs, or small animals such as mice and rats that are vectors of diseases.

2.37 Vermin Abatement Program — a series of preventive and control procedures and activities in the control of vermin.
SECTION 3. Sanitary Permit
3.1 Establishments that are likely to produce a nuisance and/or engaged in offensive trades and occupations shall secure a sanitary permit (EHS Form No. 101) issued by the local health officer before they could operate.

3.2 Any extension or additional construction or alteration in the establishment shall require a new sanitary permit before it could operate.

3.3 Application or renewal of sanitary permit

3.3.1 The application or renewal of sanitary permit shall be filed with the local health office having jurisdiction over the establishment.

3.3.2 The sanitary permit shall be issued only upon compliance with at least a satisfactory rating utilizing the sanitary inspection of establishment (EHS Form No. 103-C).

3.4 Fees. — The fees shall be paid to the local government unit upon application, renewal, and noting of sanitary permit. The amount of fees shall be set through local ordinance.

3.5 Noting of Permit. — If there is a change in ownership or occupancy of this establishment, the new operator shall apply to the local health office to have such change noted in the records and permit certificate within fourteen (14) working days and shall pay the corresponding fee for such noting.

3.6 Validity. — The sanitary permit shall be valid for one (1) year, starting on the day of issuance until the last day of December of the same year, and shall be renewed every beginning of the year thereafter.

3.7 Revocation/Suspension. — Upon the recommendation of the local health officer, the sanitary permit shall be suspended or revoked by the local health authority upon violation of any sanitary rules and regulations.

3.8 Posting of Permit. — The sanitary permit shall be posted in a conspicuous place of the establishment for public information and shall be available for inspection by authorized health and other regulatory personnel.

3.9 Record of Sanitary Permit.

3.9.1 Every local health office shall keep a record of all establishments that have been issued a sanitary permit and renewal thereof.

3.9.2 The record shall in every case show the following:
a. The name and address of the operator who shall in every case be the actual holder of the sanitary permit;

b. The location of the establishment;

c. The nature/kind of business for which the permit has been issued;

d. The date the permit was issued and the dates of any renewal thereof;

e. Every change of occupation or management of the establishment since the first permit was issued;

f. The sanitary conditions under which the permit was issued or any renewal thereof granted; and,

g. The revocation of the sanitary permit.
3.9.3 The record shall be available at all reasonable times for inspection by any authorized officer of the Department of Health or local government unit.
SECTION 4. Requirements for Personnel
4.1 Health Certificate

4.1.1 The operator and employees of the establishment shall be required to secure a health certificate (EHS Form No. 102-B; cream in color) issued by the local health officer. The health certificate shall be issued only after the required physical and medical examinations and immunizations.

4.1.2 The health certificate shall be renewed at least once a year or as often as required by local ordinance.

4.1.3 The health certificate shall be clipped visibly in the upper left front portion of the uniform worn by the employee while working. When such condition is not practical due to the nature of work in the establishment, the health certificate shall be made available upon inspection.

4.1.4 Health certificates are non-transferable.

4.2 Personal Health and Hygienic Practices

4.2.1 Employees of the establishment shall at all times observe good personal hygiene such as, but not limited to, the following:
a. Wearing of clean appropriate working garments;

b. Washing of hands with soap and water before and after working, after smoking, after using the toilet, after coughing, sneezing into hands or as often as necessary to remove dirt and contaminants; and
c. Other hygienic practices called for by the nature of work in the establishment.
4.2.2 Employees of the establishment shall observe personal health and safety practices at all times while working:
a. No smoking of tobacco;

b. No drinking of alcoholic beverages;

c. No eating of any kind of food;

d. No spitting or blowing of nose;

e. No littering;

f. No unnecessary chatting or distraction; and

g. Other personal health and safety practices called for the nature of work in the establishment.
4.2.3 Workers suffering from a contagious or communicable disease shall be
immediately reported to the operator and referred for treatment.

4.3 Personal Protective Equipment. — Personal protective equipment shall be provided to and used by every worker in accordance with the provisions of Chapter VII — "Industrial Hygiene" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations and shall be in accordance with the Occupational Safety and Health Standards formulated by the Department of Labor and Employment under the Labor Code of the Philippines.
SECTION 5. Sanitary Facilities Requirements
5.1 Water Supply

5.1.1 The drinking water supply for establishments covered under these implementing rules and regulations shall conform with Chapter II — "Water Supply" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations and the Philippine National Standards for Drinking Water.

5.1.2 Sources either from private or public water supplies shall be capable of supplying the minimum daily water demand of forty (40) liters per capita per day and an adequate pressure of 1.41 kilogram per square centimeter (20 psi).

5.2 Food and Drinks. — All food and drinks handled, stored, prepared, or served in the establishment or within its premises shall conform to the pertinent provisions of Chapter III — "Food Establishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

5.3 Sewage Disposal and Drainage

5.3.1 All sewage, stormwater and wastewater shall be discharged in a manner complying with Chapter XVII — "Sewage Collection and Disposal, Excreta Disposal and Drainage" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

5.3.2 The effluent quality to be discharged from the establishment shall meet the minimum standards and requirements set by the Department of Environment and Natural Resources and all other concerned regulatory agencies.

5.3.3 The plumbing system of the establishment shall be in accordance with the pertinent provisions stated in the National Plumbing Code of the Philippines.

5.4 Solid Waste Management. — All refuse including animal litter and manure, animal waste food products, and other waste matter shall be disposed of in accordance with the provisions stated in Chapter XVIII — "Refuse Disposal" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations, all other pertinent laws and rules and regulations set by other concerned agencies, and local ordinances.

5.5 Vermin Control
5.5.1 The operator of the establishment shall maintain a vermin abatement program which shall conform to Chapter XVI — "Vermin Control" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

5.5.2 During vermin control operations, all foods including food preparation equipment and feeds for animals shall be covered to protect it from contamination. Likewise, all animals shall be protected from toxic chemical substances.
5.6 Toilet, Bath and Handwashing Facilities
5.6.1 The sanitary facilities shall be located within a distance of 25 meters (82 feet) of the service area.

5.6.2 Adequate number of plumbing fixtures shall be afforded to all persons in the establishments. The minimum appurtenances shall be as follows:
TABLE 1. MINIMUM NUMBER OF PLUMBING FIXTURES FOR EMPLOYEES


No. of persons Water
Male Closet
Female Urinal
Male Lavatory
Male Lavatory
Female Shower
1-29 1 1 1 1 1 1 shower for each
30-49 1 2 2 2 2 15 persons exposed
50-99 2 3 2 3 3 to excessive heat or


One (1) additional fixture unit shall be provided for differently-abled employees
5.6.3 Separate clearly marked toilet rooms for male and female shall be provided.

5.6.4 A minimum toilet or bathroom area of 1.20 square meters with a minimum
dimension of 0.90 meter shall be provided.

5.6.5 Toilets and bathrooms shall be properly located, lighted, and ventilated.

5.6.6 Proper maintenance of toilets and bathrooms shall be done regularly.

5.6.7 Toilet paper and/or paper holders, soap, soap dispensers, and paper towels shall be supplied at all times.

5.6.8 Paper towels or hot air machines shall be used for hand drying. Mirror shall be installed in every toilet room facilities.

5.6.9 Windows of toilet rooms shall be so located above eye-level and shall be provided with No. 16-meshscreen unless otherwise air-conditioned.

5.6.10 All doors shall open outward and must be self-closing.
SECTION 6. Prescribed Requirements for Construction
6.1 General Requirements
6.1.1 The policies, plans, standards, and guidelines on building design, construction, use, occupancy and maintenance shall be in accordance with the provisions of the National Building Code of the Philippines (P.D. 1096) and its implementing rules and regulations and other existing local laws and ordinances.

6.1.2 A person or group of persons, or entity who intends to construct, operate, alter, or renovate an establishment covered under these implementing rules and regulations shall first submit the plans and specifications to the local health officer for review and approval. All plans shall be submitted in duplicate copies.

6.1.3 The application for permit to construct, operate, alter or renovate such establishment shall be written on such forms issued by the local health office together with other supporting documents that are necessary for proper review of plans.

6.1.4 The establishment shall be built or renovated in accordance with the approved plans unless approval of changes has been given in writing by the local health officer. The operator shall notify the local health officer at specific predetermined stages of construction and at the time of its completion and to permit inspection of the establishment during and after construction.

6.1.5 The new establishment or portions of existing establishment that have been altered or renovated shall not be placed in operation until such inspection shows compliance with the requirements of these rules and regulations.
6.2 Walls, Partitions and Ceilings
6.2.1 Rooms in areas where excessive noise or vibration is produced shall have sound resistant walls extending to the ceiling.

6.2.2 Walls or wall covering shall not have open spaces or cracks that would provide harborage of vermin.

6.2.3 Walls and partitions inside the sanitary facilities shall be of smooth and impervious material with a minimum height of two (2) meters (6.56 feet) starting from the floor. All walls that exceed the said height shall be light-colored.

6.2.4 Partition walls between water closets shall have a height of at least two (2) meters (6.56 feet) and terminates thirty (30) centimeters (1 foot) above the floor.

6.2.5 All ceilings shall be made of smooth, light colored and non-toxic material.
6.3 Windows
6.3.1 Every room intended for use, not provided with artificial ventilation system, shall be provided with a window or windows with a total free area of openings equal to at least ten percent (10%) of the floor area of the room, to which it shall open directly to a clear space.
6.4 Floors
6.4.1 All floors shall be constructed of concrete or any impervious, easily cleaned and non-toxic materials.

6.4.2 Where the floors are constructed of wood with dovetailed or tongue and groove floorboards, it shall be clamped together and laid in a firm foundation.

6.4.3 Floor coverings such as vinyl tiles, wood parquet, linoleum, or any other similar materials shall be fixed to the floor with cement, glue, or any suitable adhesive material. Carpets, when used, shall be maintained in a clean and satisfactory condition.

6.4.4 There shall be sufficient floor space for comfort and for carrying out duties effectively and efficiently. Working spaces, stairways, aisles, or any passageways shall have a least dimension of 1.20 meters to permit free unobstructed movement of persons;
6.5 Lighting
6.5.1 All areas in the establishment shall be properly lighted, either by natural or artificial lights, or both.

TABLE 2: MINIMUM STANDARDS FOR ILLUMINATION

AREA MINIMUM ILLUMINATION


Hallways, exits, stairways and
landing (on floor), elevators,
escalators and dining rooms 20 Foot-candles 215.2 Lux
Locker rooms, toilets and
bathrooms 10 Foot-candles 106.7 Lux
Kitchens, study rooms,
storage rooms, supply rooms 20 Foot-candles 215.2 Lux
Outdoor pathways 2 Foot-candles 21.52 Lux

6.5.2 Lighting shall be reasonably free from glare and evenly distributed to avoid shadows.

6.5.3 The intensity of the required illumination inside the establishment shall be maintained at a point 76.20 centimeters (30 inches) above the floor.

6.5.4 There shall be provisions of sufficient lighting fixtures on open areas capable of illuminating dark places in the establishment especially at night.

6.5.5 Switches of lighting fixtures shall be conveniently located.

6.5.6 The level of illumination of other areas not otherwise mentioned shall be of such intensities as may be required by the local health officer concerned as recommended by the sanitary engineer.
6.6 Ventilation
6.6.1 Natural and/or mechanical ventilation, which is effective and suitable for comfort and safety of clients and personnel, shall be provided in all areas of the establishment.

6.6.2 When natural ventilation is provided, a room intended for use shall be provided with a window or windows with a total free area of openings equal to at least ten percent (10%) of the floor area of the room, and such window shall open directly to a clear space.

6.6.3 In the absence of effective natural ventilation, mechanical ventilation shall be provided such as follows:
a. Air-conditioning units — provide 1.5 Horsepower (6,000 BTU/hour) air-conditioner for every 50 cubic meter room volume.

b. Exhaust fans or blowers:
i. Storage and supply rooms: provide an exhaust fan or blower with a minimum fan diameter of 15.24 centimeters per 35 cubic meter room volume (or equivalent minimum cubic meter of air per minute at 3 air changes per hour).

ii. Kitchen, Dining, and Study Rooms: provide a minimum fan diameter of 15.24 centimeters per 35 cubic meter room volume (or equivalent minimum cubic meter of air per minute at 3 air changes per hour).

iii. Toilets and Bathrooms: provide a minimum fan diameter of 15.24 centimeters per 35 cubic meter room volume (or equivalent minimum cubic meter of air per minute at 3 air changes per hour). Windowless bathrooms shall be provided with mechanical exhaust systems that are connected to the light switch.

iv. Air circulation of the room of the establishment shall be supplied through air inlets arranged, located, and equipped so that the personnel, guests, and visitors are not subjected to air velocities exceeding 1.02 meter per second.
6.6.4 The ventilation of other areas not otherwise mentioned shall be of such capacity that will be required by local health officer concerned as recommended by the sanitary engineer.
6.7 Sound and Vibration
6.7.1 Sound-absorbing materials shall be installed in all areas where excessive noise is produced.

6.7.2 Anti-vibration mountings shall be utilized for sound and vibration-producing equipment.

6.7.3 Insulation and absorbing materials and equipment to minimize excessive sound and vibration shall be in accordance with Occupational Health and Safety Standards formulated by the Department of Labor and Employment and Chapter VII — "Industrial Hygiene" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.
SECTION 7. Safety Requirements
7.1 The health and safety in the working environment shall be in accordance with the Occupational Health and Safety Standards formulated by the Department of Labor and Employment and Chapter VII — "Industrial Hygiene" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

7.2 Emergency telephone and the telephonic numbers of ambulance services, doctors, and hospitals shall be conspicuously posted in the premises of the establishment.

7.3 The establishment shall provide medical services and a readily-accessible first-aid kit supplies as shown in the following tables:
TABLE 3. MEDICINES **


MEDICINES NUMBER OF WORKERS


MEDICINES NUMBER OF WORKERS
1 to 50 51 to 99 100 to 199 200 to 600 601 to 2600 2001 & up
Topical Antiseptic, cc. 60 60 60 120 240 240
Antiseptic Eyewash, cc. - - - - - -
70% Isopropyl
Alcohol, cc. 240 240 240 240 500 500
Aromatic Spirit of
Ammonia, cc. 30 30 30 30 30 30
Toothache drops, cc. 15 15 30 30 30 30
Hydrogen Peroxide
Solution, cc. 120 120 120 120 140 140
Burn Ointment, tube - - 1 1 1 1
Analgesic/Antipyretic
tablets 10 10 10 20 30 40
Anti-histaminic tablets - - 10 20 30 40
Antacid tablets 10 10 10 20 30 40
40 10 10 10 20 30 40
Anti-spasmodic tablets - - 10 20 30 40
Anti-hypertensive tablets - - 10 20 30 40
Coronary vasodilator tablets - - 10 20 30 40
Anti-asthma tablets - - 10 10 20 20
Anti-hemorrhagic tablets - - 10 10 20 20
Glucose solution, 5%, 500 cc - - - - - -
Anesthetic preparation, cc - - - - - -


TABLE 4. MEDICAL SUPPLIES AND EQUIPMENT **



MEDICAL SUPPLIES NUMBER OF WORKERS EQUIPMENT
1 to 50 51 to 99 100 to 199 200 to 600 601 to 2600 2001 & up
Topical Antiseptic, cc.
60 60 60 120 240 240
Antiseptic Eyewash, cc.
- - - - - -
70% Isopropyl
Alcohol, cc
. 240 240 240 240 500 500
Aromatic Spirit of
Ammonia, cc.
30 30 30 30 30 30
Toothache drops, cc.
15 15 30 30 30 30
Hydrogen Peroxide
Solution, cc.
120 120 240 240 240 240
Burn Ointment, tube - - 1 1 1 1
Analgesic/Antipyretic
tablets
10 10 10 20 30 40
Anti-histaminic tablets
- - 10 20 30 40
Antacid tablets
10 10 10 20 30 40
Anti-diarrhea tablets
10 10 10 20 30 40
Anti-spasmodic tablets
- - 10 20 30 40
Anti-hypertensive tablets
- - 10 20 30 40
Coronary vasodilator tablets
- - 10 20 30 40
Anti-asthma tablets
- - 10 10 20 20
Anti-hemorrhagic tablets
- - 10 10 20 20
Glucose solution, 5%, 500 cc
- - - - - -
Anesthetic preparation, cc - - - - - -

TABLE 5. MEDICAL FACILITIES

MEDICAL SUPPLIES NUMBER OF WORKERS
1 to 50 51 to 99 100 to 199 200 to 600 601 to 2600 2001 & up
Treatment room - 1 1 1 - -
Emergency Clinic - - - - 1 1
Emergency Hospital/
Infirmary - - - - - -
Dental Clinic - - - - - 1

TABLE 6. MEDICAL SERVICES


NO. OF WORKERS MEDICAL OFFICER SERVICE RENDERED
1 TO 50 FIRST-AIDER FULL TIME
(AT LEAST 8 HOURS A DAY,
6 TIMES A WEEK
OCCUPATIONAL HEALTH NURSE PART TIME (AT LEAST 4 HOURS ADAY, 6 TIMES A WEEK)
100 TO 199 FIRST-AIDER FULL TIME
(AT LEAST 8 HOURS A DAY,
6 TIMES A WEEK)
NOTE: IF THERE ARE
MORE THAN ONE
WORKSHIFT PER DAY, THE
NURSE SHALL STAY
DURING THE SHIFT WHICH
HAS THE MOST NUMBER
OF WORKERS)
OCCUPATIONAL HEALTH PHYSICIAN PART TIME: (AT LEAST 4 HOURS A DAY, 3 TIMES A WEEK)
DENTIST PART TIME
(AT LEAST 4 HOURS A DAY, 3 TIMES A WEEK)
200 TO 600 OCCUPATIONAL HEALTH NURSE FULL TIME (AT LEAST 8 HOURS A DAY, 6 TIMES A WEEK)
FIRST-AIDER FULL TIME
(AT LEAST 8 HOURS A DAY,
6 TIMES A WEEK)
NOTE: THE PHYSICIAN AND THE DENTISTSHALL
STAY IN THE WORKPLACE
ON ALTERNATE DAYS.
WHERE THERE ARE MORE THAN ONE WORKSHIFT,
PER DAY, THE DENTIST
AND THE PHYSICIAN
SHALL STAY DURING THE
SHIFT WHICH AS THE
MOST NUMBER OF WORKERS)
OCCUPATIONAL HEALTH PHYSICIAN PART TIME: (AT LEAST 4 HOURS A DAY, 6 TIMES A WEEK)
DENTIST PART TIME
(AT LEAST 4 HOURS A DAY,
6 TIMES A WEEK)
601 TO 2000 OCCUPATIONAL HEALTH NURSE FULL TIME
(At LEAST 8 HOURS A DAY,
6 TIMES A WEEK)
FIRST-AIDER FULL TIME
(AT LEAST 8 HOURS A DAY,
6 TIMES A WEEK)
NOTE: THE PHYSICIAN
AND THE DENTIST SHALL
STAY IN THE WORKPLACE
ON ALTERNATE DAYS.
WHERE THERE ARE MORE
THAN ONE WORKSHIFT
PER DAY, THE DENTIST
AND THE PHYSICIAN
SHALL STAY DURING THE
SHIFT WHICH HAS THE
MOST OF WORKERS)
OCCUPATIONAL
HEALTH PHYSICIAN FULL TIME
H(AT LEAST 8 HOURS A DAY, 6 TIMES A WEEK)
DENTIST FULL TIME
(AT LEAST 8 HOURS A DAY
6 TIMES A WEEK)
MORE THAN 2000 OCCUPATIONAL
HEALTH PHYSICIAN PART TIME
(AT LEAST 4 HOURS A DAY,
6 TIMES A WEEK) FOR
EACH OF THE OTHER
WORK SHIFT
OCCUPATIONAL HEALTH NURSE FULL TIME
(AT LEAST 8 HOURS A DAY,
6 TIMES A WEEK) FOR
EVERY WORK SHIFT
FIRST-AIDER FULL TIME
(AT LEAST 8 HOURS A DAY,
6 TIMES A WEEK) FOR
EVERY WORK SHIFT


1 Note: ** Any medicine supply/equipment prescribe in the table may be substituted with one of comparable effectiveness, and shall be replaced with the same quantity immediately after consumption.
7.4 Personal protective equipment (PPE) appropriate for the type or nature of work shall be provided to employees by the operator of the establishment.

7.5 The fire protection system and safety instruction program of the establishment shall be in accordance with the Fire Code of the Philippines (P.D. 1185) and its implementing rules and regulations.

7.6 Fire drills and earthquake drills shall be conducted on the establishment twice a year.

7.7 Electrical designs, equipment, specifications, conduits, installations and all electrical system shall conform to the Philippine Electrical Code, as adopted by the Board of Electrical Engineering pursuant to Republic Act No. 184 otherwise known as the Electrical Engineering Law and its implementing rules and regulations and other existing laws and local ordinances.

7.8 Mechanical designs, equipment specifications, installations and all mechanical system shall conform to the Philippine Mechanical Engineering Code, as adopted by the Board of Mechanical Engineering pursuant to Commonwealth Act No. 294 otherwise known as the Mechanical Engineering Law and its implementing rules and regulations and other Existing laws and local ordinances.

7.9 The minimum requirements for the accessibility of differently-abled persons in the establishment shall be in accordance with Batas Pambansa Blg. 344 — "The Law to Enhance Mobility of Disabled Persons" and its implementing rules and regulations.
SECTION 8. Provisions for Specific Types of Nuisance
8.1 Public or private premises maintained and used in a manner injurious to health
8.1.1 No public or private place shall be used and maintained as a disposal site of refuse or any other noxious waste unless the site has been designated for such purpose and with the approval of the local health office or other concerned regulatory agencies.

8.1.2 By-products such as bagasse, rice hulls and other similar particles shall not be stored or dumped in an open or exposed area without any covering or protective material which shall prevent such by-products from scattering or being blown away by the wind.

8.1.3 There shall be no structure, materials, equipment, machinery, or vehicles abutting unto public street or sidewalk that affects and obstructs the convenient passage of traffic and passer-by. Streets used as parking for vehicles or for any other purpose shall be subjected to the approval by the local health authority under existing local regulations and ordinances.

8.1.4 Any structure or parts thereof that was decayed, damaged by fire or termites, or declared as "condemned" and to which in the assessment of the health officer that the structural integrity is questionable and shall constitute a hazard to public health and safety shall be demolished within such reasonable time as the local officer may order after due written notification of the owner or operator.

8.1.5 Machinery, equipment, or any structure or material placed unprotected, unguarded, insanitary, or situated or operated in a public or private premises which constitute as nuisance shall be confiscated or abated within thirty (30) days after its assessment by the local health office and written notification of the owner or operator.

8.1.6 Establishments that are emitting dense smoke or noxious fumes, vapors, gas, dust, soot, or cinders, in unreasonable or toxic quantity that adversely affect health and sanitation shall be declared as a nuisance and shall be dealt accordingly by the local health officer concerned.

8.1.7 Establishments engaged in the processing and manufacturing of explosives, inflammable liquids, and other toxic and hazardous substances shall be located 300 meters away from densely populated areas (residential, commercial, and institutional areas).
8.1.8 Public or private premises or buildings/structures constructed, altered or operated in violation of the Code on Sanitation of the Philippines (P.D. 856), the Building Code of the Philippines (P.D. 1096), the Civil Code of the Philippines, its implementing rules and regulations, and other existing laws and local ordinances shall be declared as nuisance and the local health officer shall have the authority or the power to order in writing the operator, to correct or remove the said nuisance within such reasonable time as the local health officer may order.
8.2 Breeding places and harborage of vermin
8.2.1 The owner or operator shall be responsible for the control of vermin and its breeding places within his establishment or premises.

8.2.2 The growth of weeds, grasses, and bushes outside, within the premises of the establishment, or in any public or private vacant lots shall be controlled to prevent the breeding or harborage of harmful insects and animals (e.g. spiders, scorpions, or snakes).

8.2.3 No person shall use any dangerous and toxic chemical in spray or in mist form in concentrations exceeding the maximum permissible standard set by the Fertilizer and Pesticide Authority and other concerned regulatory agencies for the purpose of weed control.

8.2.4 The control, method, procedure and frequency shall be in accordance with the provisions of Chapter XVI — "Vermin Control" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.
8.3 Animals and their carcasses which are injurious to health
8.3.1 A dead animal shall be disposed by its owner within twenty-four (24) hours after its death and in such a manner complying with Chapter XVIII — "Refuse Disposal" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations and local ordinances.

8.3.2 Whenever a dead animal is indiscriminately disposed in any private or public place to which the owner of such animal is unknown, the local health officer has the authority to direct his authorized representative to bury it in a manner complying with Chapter XVIII — "Refuse Disposal" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations and local ordinances.
8.4 Accumulation of refuse
8.4.1 The sanitary requirements for the segregation, storage, collection, transport, and final disposal of refuse shall be in compliance with Chapter XVIII — "Refuse Disposal" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations and all other pertinent laws, rules and regulations, and local ordinances.

8.4.2 Storing and drying of manure shall be made at a minimum distance of 500 meters away from residential, commercial or industrial area or as approved by the local health officer, considering that objectionable odors emitted from the establishment shall not cause nuisance to the people residing within the area.
8.5 Noxious Matter or Waste Water Discharged Improperly in Streets
8.5.1 There shall be no noxious matter or any harmful substance that shall be disposed off unto streets, roads, alleys, bodies of water, or in any pathways or place not approved by the local health officer or other concerned regulatory agencies, as disposal site for such. The sanitary requirements for its disposal shall be in pursuance with Chapter XVIII — "Refuse Disposal" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations and all other pertinent laws, rules and regulations, and local ordinances.

8.5.2 Sewage or any wastewater that are discharged without prior treatment, unto streets, roads, alleys, bodies of water or in any pathways or place, or is used to water street plants, that is likely to affect health, cause pollution or contamination of wells, springs or any source of drinking water, shall be declared as nuisance and shall be acted upon, corrected or removed by the owner or operator of the establishment within twenty-four (24) hours.

8.5.3 The quality of bodies of water shall be maintained in a safe and satisfactory condition according to its best usage as stated in the Department of Environment and Natural Resources standards, rules and regulations.
8.6 Animal stockade maintained in a manner injurious to health
8.6.1 All animal stockade shall be kept reasonably clean and free from accumulation of manure and other refuse.

8.6.2 All animal stockade, whether temporary or permanent, shall be required to have a flooring which is impervious, free from cracks and crevices, and properly sloped (2%) to provide efficient drainage.

8.6.3 Adequate water supply both for drinking and cleaning and for other domestic purposes shall be provided in the establishment. The water requirement for common domesticated animals shall be as follows:

TABLE 7: MINIMUM WATER REQUIREMENT FOR PIGGERY
TYPE WATER REQUIREMENT

Per Head LITERS/PER DAY GALLONS/DAY
SOW 36 9.5
BOAR 18 4.8
FATTENER 14 3.7
Note: Provide 75 liters/day (20 gallons per day) per square meter of stockade per clearing during cleaning period.


TABLE 8: MINIMUM WATER REQUIREMENT FOR POULTRY


TYPE WATER REQUIREMENT

Per Head LITERS/PER DAY GALLONS/DAY
HENS 30 8.0
CHICKS 3.0 0.8
QUAILS 1.0 0.26
Note: Provide 75 liters/day (20 gallons/day) per square meter of stockade per clearing during cleaning period.
8.6.4 Every animal stockade or other animal enclosures shall be provided with a watertight, easy to carry, and vermin-proofed receptacle for manure and other litter arising within the premises of the stockade. Such receptacle shall always be securely covered except on the time of emptying and shall be preferably disinfected after every use. No manure shall be allowed to accumulate except in such receptacle.

8.6.5 All domestic animals such as those kept as pets, or used in the livestock industry and for other purposes shall be under the effective control of its owner or the operator of the establishment. All stray animals shall be impounded by the local government unit concerted.

8.6.6 Livestock which are temporarily confined in abattoir/slaughterhouse shall be covered by Chapter IV — "Markets and Abattoirs" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

8.6.7 Animal Used for Commercial Purposes
a. Establishment engaged in livestock industry shall be located only in places or areas designated under existing zoning laws and local zoning ordinances. Where no zoning law or ordinance exists the local health officer concerned shall determine the suitability of the location.

b. Livestock stockades shall not be located within twenty-five (25) meters from any ground and surface drinking water sources nor shall it be near flood-prone areas or in depressions where heavy water run-off may occur.

c. There shall be no livestock stockade intended for commercial purposes which shall be constructed, operated; and maintained at a point 100 meters (328 feet) from any place of human habitation.

d. There shall be a buffer zone of at least five (5) meters in width around the boundaries of the lot and if possible it shall be planted with trees or shrubs.

e. The location of any livestock industry shall be at least 500 meters away from national roads and highways.

f. Such establishment shall be projected that no future urban expansion or development shall take place in the area where the establishment is to be located within five (5) years.

g. Stables, barns, loafing or loitering area and other enclosure where animals are raised or kept shall be constructed of such material and in such a manner that it can be kept reasonably clean and sanitary at all times.

h. Satisfactory space requirement in each domestic animal stockade shall be observed to prevent overcrowding.

TABLE 9: MINIMUM SPACE REQUIREMENT FOR SWINE STOCKADES

TYPE OF SWINE
(PER HEAD)
(SQUARE METERS) FARROWING HOUSE
(SQUARE METERS) GROWING/FINISHING
HOUSE
BOAR 1.858 -
PRE-FARROWING SOW 1.858 -
GILTS 1.580 -
SOW WITH LITTER:
YOUNG
MATURE
4.460
5.948
-
GROWING/FINISHING
PIGS:
10 - 20 KG. - 0.46 - 0.56
20 - 40 KG. - 0.56 - 0.74
40 - 70 KG. - 0.74 - 0.84
70 - 100 KG. - 0.84 - 1.11

TABLE 10: MINIMUM SPACE REQUIREMENT FOR POULTRY STOCKADES

TYPE OF POULTRY
(PER HEAD) STOCKADE AREA
(SQUARE CENTIMETERS)
LAYERS:


DAY-OLD TO FOUR WEEKS
FOUR TO EIGHT WEEKS
NINE WEEKS TO LAYING AGE 96.82
193.65
50 - 60
BROILERS:


DAY-OLD TO THREE WEEKS
THREE TO FOUR WEEKS
FIVE WEEKS OR MORE 278.85
464.75
929.50

TABLE 11: MINIMUM SPACE REQUIREMENT FOR GOAT STOCKADES


TYPE OF GOAT
(PER HEAD) STOCKADE AREA
(SQUARE METERS)
DOES, BUCKS, ADULTS 0.75 - 1.50
GROWING 0.50 - 0.75
KIDS 0.20 - 0.50
NOTE: PROVIDE A MINIMUM LOAFING AREA OF 100-150 SQUARE METERS PER 50 GOAT HEADS


TABLE 12: MINIMUM SPACE REQUIREMENT FOR CATTLE STOCKADES

TYPE OF CATTLE
(PER HEAD) STOCKADE AREA
(SQUARE METERS) STOCKADE DIMENSIONS
(METERS)
FATTENER 6.0 4.0 x 1.5
NOTE: PROVIDE A MINIMUM LOAFING AREA OF 500 TO 800 SQUARE METERS PER 50 CATTLE HEADS

i. Any establishment engaged in the sale of pet animals such as dogs, cats, reptiles, fishes, doves, rabbits, mice, and others located within a commercial area shall beat least 25 meters away from any food establishment.

j. The frequency of disinfection of every animal stockade and every premises of such establishment that is likely to be contaminated shall be maintained at least three times a week or as frequent as necessary as the local health officer may direct.

k. The establishment shall be provided with a sufficient ventilation such as an exhaust system capable of delivering a minimum of 1 cubic meter of air per minute at 10 air changes per hour that minimize objectionable odors arising from such establishment.
8.6.8 All places including animal cages or pens shall be maintained clean as often as possible to prevent attraction and harborage of vermin.

8.6.9 All animal and poultry feeds shall be kept and store under such conditions that will limit the attraction and harborage of vermin.

8.6.10 Whenever an animal or an animal stockade serves as a nuisance and is the subject of complaint of the residents within the area, the people may file a written complaint to the local health officer who in return shall notify and suggest sanitary procedures to the operator to correct or remove such nuisance. If the operator or owner fails, neglects or refuses to abate such nuisance within thirty (30) days after such notification or within a shorter time prescribed by the local health officer, the local health officer shall prohibit the keeping of such animal or the further use of such stockade.
8.7 Excessive noise
8.7.1 An establishment creating such noise which exceeds the maximum allowable noise levels shall be so located in appointed areas designated under existing zoning laws and other local zoning ordinances.

8.7.2 All persons exposed to noise which exceeds the maximum allowable noise levels emanating within any construction site, establishment or premises such as those emitted from certain equipment, machinery, vehicle, tools or devices, shall be provided with appropriate personal protective equipment (PPE).

8.7.3 The pertinent rules and regulations formulated under Presidential Decree No. 984 commonly known as "The Pollution Control law" shall be hereby adopted in these implementing rules and regulations.

8.7.4 The maximum allowable noise quality standards shall be as follows:

TABLE 13: MAXIMUM ALLOWABLE NOISE LEVELS IN GENERAL AREAS


CATEGORY
OF AREA DAY TIME MORNING
AND EVENING NIGHT TIME
AA 50 dB 45 dB 40 dB
A 55 dB 50 dB 45 dB
B 65 dB 60 dB 55 dB
C 70 dB 65 dB 60 dB
D 75 dB 70 dB 65 dB
a. Classification of General Areas:
i. Class AA — a section or contiguous area which requires quietness such as area within 100 meters from school sites, nursery schools, hospitals, and special homes for the aged.

ii. Class A — a section or contiguous area that is primarily used for residential purposes.

iii. Class B — a section or contiguous area that is primarily a commercial area.

iv. Class C — a section primarily reserved as a light industrial area.

v. Class D — a section that is primarily reserved as a heavy industrial area.
b. The division of the 24-hour period are as follows:
i. Morning — 5:00 a.m. to 9:00 a.m.

ii. Daytime — 9:00 a.m. to 6:00 p.m.

iii. Evening — 6:00 p.m. to 10:00 p.m.

iv. Nighttime — 10:00 p.m. to 5:00 a.m.
8.7.5 The noise level shall be measured by a standard sound level meter that meets the American National Standards Institute (ANSI) S1.4-1974 or other specification accepted by the Department of Environment and Natural Resources (DENR).

8.7.6 Whenever a noise is emitted from any residential, commercial, industrial and other premises which serves as a nuisance and is the subject of complaint of the residents within the area, the people may file a written complaint to the local health officer who in return shall notify the owner or operator to abate such nuisance. If the operator or owner fails, neglects or refuses to abate such nuisance within thirty (30) days after such notification or within a shorter time prescribed by the local health officer, the latter shall prohibit such nuisance or provide measures to prevent such nuisance at the expense of the owner or operator or person concerned.

8.8 Illegal shanties in public or private properties
8.8.1 The construction, erection, or extension of any public or private building or structure, whether temporary or permanent, for the purpose of habitation, storage, recreation, commercial or business purposes and other uses outside the owner's or operator's perimeter of jurisdiction or apart from his legally declared property line shall be considered as a nuisance.

8.8.2 The utilization of a public or private place, whether temporary or permanent, for pathway or access of any person or motorist, for parking of a vehicle or for other purposes without the consent of the owner of the property shall be considered as a nuisance.

8.9 Other types of nuisance

8.9.1 Other types of nuisance such as, but not limited to, objectionable odor; unnecessary vibration and radiation; noxious weeds and shrubs in a public place; decayed, unwholesome, or contaminated food or drinks offered for sale or for distribution to the public; any person or animal inflicted with a contagious or communicable disease which is exposed to the public; the distribution or sale of medicines, drugs or cosmetics which are not approved by the Bureau of Food and Drugs; articles such as clothes, shoes, linens, towels, bedding materials, blankets, pillows, and anything used for sleeping or resting, which are second hand or made of second hand materials that are offered for sale to the public; and others which are the subject of complaint of the residents within the area, which jeopardize the health, sanitation and safety of the community shall be investigated by the local health officer who shall notify and prescribe sanitary procedures to the owner or operator, to correct or remove such nuisance.

8.9.2 If the owner or operator fails, neglects or refuses to abate such nuisance within thirty (30) days, after such notification or within a shorter time prescribed by the local health officer, the latter shall prohibit such nuisance or provide measures to stop or prevent such nuisance at the expense of the owner or operator concerned.

SECTION 9. Requirements for Establishments Engaged in Offensive Trades and Occupations
9.1 All establishments engaged in offensive trades and occupations covered under Sub-section 1.2 of these implementing rules and regulations shall be required to secure a sanitary permit from the local office.

9.2 The operator or employees of the establishment shall be required to secure a health certificate from the local health office.

9.3 The establishment shall comply with the pertinent provisions of Chapter VII — "Industrial Hygiene" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations.

9.4 The occupational safety and health within the establishment shall be in compliance with the provisions stated in the Occupational Safety and Health Standards formulated by the Department of Labor and Employment under the Labor Code of the Philippines.
9.5 All effluents and emissions produced by the establishment shall be within the maximum permissible level or standards set under Presidential Decree No. 984 commonly known as the "Pollution Control Law" and other pertinent administrative orders, rules and regulations formulated by the Department of Environment and Natural Resources.
SECTION 10. Inspection and Evaluation
10.1 Responsible Officer. — It shall be the duty of the local health officer to cause the evaluation and inspection of every establishment requiring a sanitary permit for its operations at least every three (3) months and to cause additional inspection and re-inspection and evaluation as deemed necessary for the enforcement of these rules and regulations.

10.2 Sanitation Inspection Fee. — The fees payable on every inspection shall be of such amount prescribed by local ordinance.
10.3 Mission Order
10.3.1 The local health officer or the chief of the sanitation division/section/unit of the local health office, as the case may be, shall issue a mission order (EHS Form No. 112) for every sanitation inspection that will be conducted by the sanitary engineer/sanitation inspector.

10.3.2 The mission order must contain date, mission order number and series, the name of the inspector and the I.D. number, the business names, addresses, categories of establishments to be inspected and the scheduled dates of inspection. This must be shown to the owner/operator of the establishment before any inspection is conducted. The immediate supervisor of the inspector shall monitor the enforcement of the mission order.

10.3.3 Sanitary inspection conducted without a mission order is prohibited.

10.3.4 The operator of the establishment shall report to the local health officer or chief of sanitation division/section/unit any unauthorized inspection that was conducted.
10.4 Uniform of Sanitation Inspector and Aids to Inspections
10.4.1 The sanitation inspector shall wear the prescribed uniform of the office with the proper identification card while conducting the inspection.

10.4.2 He shall likewise bring all the equipment and supplies needed in the inspection such as the inspection forms, clipboards, thermometers, flashlight, metal measuring tape, camera, light meter, water pressure gauge, chlorine residual and pH comparator kits, blacklight, field bag w/ water quality sampling kit, etc., copy of the sanitation laws, regulations, standards and other reference materials needed in the inspection.
10.5 Frequency of Inspection
10.5.1 The frequency of inspection shall be at least once every three (3) months.
10.6 Recording of Inspection
10.6.1 The sanitary engineer/sanitation inspector shall keep a record of all his inspections or evaluation reports in an inspection form (EHS Form 103-B).

10.6.2 The sanitary engineer/sanitation inspector shall furnish the original of such report to the operator of the establishment.

10.6.3 Demerits entered in the appropriate column of the inspection form shall indicate that the item does not conform to the requirements of these regulations.
a. The inspection form has twenty (20) items. Non-complying items are indicated with a (X). Every such item is weighted with a demerit of 5. The rating of the establishment is therefore 100 less (number of demerits x 5). The result is expressed as a percentage (%) rating.
10.6.4 Sanitation Standard

a. The percentage rating has an equivalent sanitation standard as follows:

Percentage Rating Sanitation Standard Color Code

90 - 100 % Excellent Luminous Green
70 - 89 % Very Satisfactory Luminous Yellow
50 - 69 % Satisfactory Luminous Red

b. Establishments with percentage rating below 50% shall be recommended for suspension of operation until compliance.

c. Sanitation standard rating sticker (SSRS) (EHS Form No. 104-A/C) shall be posted in a conspicuous part of the establishment, preferably at the door, for guidance of the customers. It shall be updated once every three (3) months, unless revoked earlier.
10.6.5 The average sanitation standard of every establishment shall be evaluated by the local health officer/chief of sanitation division/section/unit every end of the year to determine its improvement/maintenance of rating.
10.7 Report of Inspection
10.7.1 The sanitary engineer/sanitation inspector who conducted the inspection shall complete the sanitary inspection report, and whenever an inspection form issued indicates non-complying items, he shall notify the operator of the corrections to be made and indicate a reasonable period for its compliance.
a. The recommended corrective measures shall be specific in nature for the easy understanding of the operator of the establishment.

b. Reasonable period for compliance or grace period shall be inclusive of Saturdays, Sundays and holidays.
10.7.2 The sanitary engineer/sanitation inspector who conducted the inspection shall likewise prepare a sanitary order (EHS Form No. 107) for approval by the local health officer or chief of the sanitation division/section/unit.

10.7.3 Within 48 hours of the inspection or evaluation, the original inspection report (EHS Form No. 103-B) and the sanitary order shall be furnished and acknowledged by the holder of the permit certificate, the operator of the establishment. The inspection report shall be personally delivered, or shall be sent through postal service and registered with return card.
10.8 Re-inspection
10.8.1 If upon re-inspection of the establishment after the deadline, the sanitary engineer/sanitation inspector has found that the correction has not been effected, he shall report to the local health officer who shall recommend to the local health authority the revocation of the sanitary permit.

10.8.2 A copy of the inspection form and any notice served shall, in all cases be filed and kept by the local health office and be available for inspection by authorized officials.
10.9 Service of Notice
10.9.1 Whenever an inspection or evaluation form indicates non-complying items, the local health officer shall serve to the operator a sanitary order requiring him, within the grace period stated in the order, to take such remedial action as may be specified therein.

10.9.2 In the event of non-compliance of the first sanitary order by the operator, the local health officer may serve a second notice.
a. Second Sanitary Order
i. If the owner of the establishment needs additional time to comply with the first sanitary order, he shall request the local health officer in writing prior to the expiration of the said sanitary order, for an extension of the grace period. The local health officer, upon the recommendation of the sanitary engineer/sanitation inspector who conducted the inspection, will act on such request.

ii. Notice of Hearing (EHS Form No. 118). The local health officer shall call the operator to show cause, at a time and place stated in the notice, why the permit issued in respect of the establishment shall not be revoked.
10.10 Revocation of Permit
10.10.1 After prior notices and hearing as provided above, the local health officer, if satisfied that the terms of the two notices have not been complied with or that failure to comply therewith is not excusable, shall recommend to the local health authority the revocation of the said permit, or;

10.10.2 After the second sanitary order on an extended grace period, a re-inspection was conducted and still the owner/operator fails to comply with such order as reported by the sanitary engineer/sanitation inspector, the local health officer shall recommend to the local health authority the revocation of the sanitary permit without delay and shall inform other related agencies of the city or municipality of such revocation.

10.10.3 Lifting of suspension of permit may be recommended whenever the operator of the establishment complies with the notices.

10.10.4 The operator of the establishment may file a motion for reconsideration to the local health authority if he is not satisfied with the action of the local health officer.

10.10.5 The local health authority may file court proceedings against any establishment continuously operating after the revocation of its permit.
10.11 Summary Suspension of Permits. — Whenever the local health officer finds unsanitary or unhealthy conditions in the operation of an establishment which in his judgment constitute a substantial hazard to the public health, the local health officer may recommend the immediate suspension of the sanitary permit. Any person to whom such order is issued may file a written petition and shall be afforded a hearing within 48 hours.

10.12 Appeals. — The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from which decision shall be final.

10.13 Power of Entry. — Any sanitary engineer/sanitation inspector or duly authorized officer of the Department of Health or of the local health offices, upon presentation of proper credentials may at all reasonable times enter into the establishment or any premises used for any of the purposes referred to in these rules and regulations for the purpose of inspection or any other action necessary for administration of these rules and regulations.
10.13.1 Sanitary inspection shall be conducted by officials in accordance with Section 10, Sub-section 10.3 of these implementing rules and regulations.

10.13.2 Sanitary inspections shall be done preferably during the time when the establishment is in operation.

10.14 Hearings. — The local health authority may conduct hearings regarding erring establishments to include appeals from establishments. The decision of the local health authority shall be deemed final and executory.
SECTION 11. Responsibility of the Operator. —

The operator of the establishments engaged in offensive trades and occupations and those establishments which are likely to produce a nuisance shall:
11.1 Comply with all the requirements and standards as stated in these implementing rules and regulations and all other pertinent provisions of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations;

11.2 Ensure the state of sanitation of the establishment;

11.3 Promote good personal hygiene among his employees and ensure updating of their health certificates;

11.4 Ensure the safety and comfort of all employees in the establishment;

11.5 Provide regular training programs and instructions to all employees on safety and proper operation and maintenance of the establishment;

11.6 Provide adequate and appropriate sanitary facilities, personal protective equipment, and necessities to promote health, safety and sanitation in the establishment;

11.7 Renew the sanitary permit every year;

11.8 Assist the health authorities in conducting inspection of the establishment;

11.9 Ensure that the processes and materials used in the trade shall be environment-friendly; and

11.10 Orient and provide regular training seminars, programs and instructions on the importance of environmental health and sanitation and promote awareness on all existing laws, rules and regulations, and ordinances on the conservation of the environment among his employees.
SECTION 12. Responsibility of the Local Health Officer. —

The local health officer shall:
12.1 Facilitate the conduct and evaluation of the establishment at least once every three months to ascertain their compliance to these implementing rules and regulations;

12.2 Investigate complaints concerning alleged nuisances as mentioned in these implementing rules and regulations and apply necessary corrective actions;

12.3 Coordinate with the Department of Health or its regional health offices regarding the enforcement of these implementing rules and regulations;

12.4 Conduct information, education and advocacy campaigns within his area of jurisdiction in relation to the enforcement of these implementing rules and regulations;

12.5 Issue sanitary permit upon completion of the requirements stated in these implementing rules and regulations; and

12.6 Prescribe precautionary measures to the operator or owner to prevent nuisance, accidents or spread of contagious or communicable disease in the establishment.
SECTION 13. Responsibility of the Local Health Authority. —

The local health authority shall:
13.1 Certify the passing of local laws and ordinances for the adoption, guidance and enforcement of these implementing rules and regulations and other pertinent rules and regulations of the Code on Sanitation of the Philippines (P.D. 856);

13.2 Assist the local health officer and other health regulatory personnel by providing necessary facilities, supplies, equipment, training programs and seminars for the promotion and improvement of the state of health and sanitation of the community;

13.3 Issue directives upon recommendation of the local health officer for the prevention and control of any untoward circumstances that may jeopardize public health and safety.
SECTION 14. Penal Provision
14.1 Any person who shall violate, disobey, refuse, omit, or neglect to comply with any of the provisions of these implementing rules and regulations, shall be guilty of misdemeanor and upon conviction shall be punished by imprisonment for a period not exceeding six (6) months or by a fine not exceeding Php 1,000.00 or both depending upon the discretion of the court.

14.2 Any person who shall interfere or hinder, or oppose any officer, agent or member of the Department of Health or of the bureaus and offices under it, in the performance of his duty as provided for under these rules and regulations, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of these rules and regulations shall be guilty of misdemeanor and punishable upon conviction by imprisonment for a period not exceeding six (6) months or by a fine not exceeding Php1,000.00 or both depending on the discretion of the court.
SECTION 15. Separability Clause. —

In the event that any rule, section, paragraph, sentence, clause or words of these implementing rules and regulations is declared invalid for any reason, the other provisions thereof shall not be affected thereby.

SECTION 16. Repealing Clause. —

All pertinent rules and regulations which are inconsistent with the provisions of these implementing rules and regulations are hereby repealed or amended accordingly.

SECTION 17. Effectivity. —

These rules and regulations shall take effect after fifteen (15) days from date of publication in the official gazette or a newspaper of general circulation.

Adopted: April 30, 1998
(SGD.) CARMENCITA NORIEGA-REODICA, M.D., M.P.H., C.E.S.O. I
Secretary of Health

 
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