**CODE REVIEW AND PERMITTING PROCESS IN THE PHILIPPINES**

**by Angel Lazaro, Jr.**

Chairman: Board of Consultants

Natl Bldg Code Review Committee of the DPWH

I. INTRODUCTION

1\. Before 1972, Cebu, Baguio and Manila cities had their respective
building codes mostly from the city ordinances compiled by architects
and engineers in practice. Some provisions were extracted from foreign
codes. In 1972, congress passed R.A. 6541 entitled "An Act to Ordain and
Institute a NBC of the Phil." But this code failed to declare its
supremacy over city charters and local ordinances, lacked sanctions and
penal provisions, and the commission to implement this code was
eventually nullified by the abolition of congress from which part of the
commission members were drawn.

2\. To conform with developmental goals of the govt. and avail of the
expertise of men in the private sector also, former Pres. F. E. Marcos
ordered the revision of R.A. 6541 and issued on 19 February 1977, PD
1096 (the NBC of the Phil.) to safeguard life, health, property, and
public welfare consistent with sound environmental management and
control . To this end, the Code proposes to provide all buildings a
framework of minimum standards to regulate and control their location,
site, design, quality of materials, construction, use, occupancy and
maintenance. The Code shall apply to the design, location, use,
occupancy, maintenance, moving, demolition of, and additions to public
and private structures except to traditional indigeneous family
dwellings.

II\. THE NATIONAL BLDG. CODE OF THE PHIL.

1\. P.D. 1096 contains twenty one (21) chapters with about 63 pages and
two Annexes. The 21 chapters are :

1\. General Provisions. (2 pages)

2\. Administration and Enforcement. (4 pages)

3\. Permits and Inspection. (3 pages)

4\. Types of Construction ( I-wood/ II-fire resistive wood/ III-masonry
and wood/ IV- steel, concrete/ V- Fire resistive steel, concrete.

(1 page)

5\. Requirements of Fire Zones. (2 pages)

6\. Fire-Resistive Requirements in Construction. (1 page)

7\. Classification and General Requirements of All Bldgs. by Use or
Occupancy. (Group A-Residential/ B-Residentials, Hotels,
Apartments/C-Education,Recreation/ D-Institutional/E-Business,
mercantile/ F-Industrial/ G-Storage, Hazardous/ H-Assembly of 1000 or
less/ I-Assembly of 1000 or more/ J-Carports, Agricultural bldgs. high
fences, tanks, towers. (5 pages)

8\. Light and Ventilation. (3 pages)

9\. Sanitation. (2 pages)

10\. Building Projection over Public Streets. (2 pages)

11\. Protection of Pedestrians During Construction or Demolition.

(2 pages)

12\. General Design and Construction Requirement:

(Foundations, Floor, Roof, Exits, Skylights, Balconies, Penthouses,
Chimneys, Fire Extinguishers, Stages, Projection Rooms, Plastering, and
Lathing.) Matters relative to structural design not provided for in this
chapter shall conform to the National Structural Code for Bldgs. (as a
referral code).

(22 pages)

13\. Electrical and Mechanical Regulations.

All electrical systems, equipment and installation mentioned in this
code shall conform to the Phil. Electrical Code. (as a referral code).

All Mechanical systems, equipment and installation mentioned in this
code shall conform to the Phil. Mechanical Engineering Code (as a
referral code). (1 page)

14 Photographic and X-Ray Films. (1 page)

15\. Pre-Fabricated Construction. (1 page)

16\. Plastics (3 pages)

17\. Sheet Metal Paint Spray Booths. (1 page)

18\. Glass and Glazing. (1 page)

19\. The Use of Computers. (1 page)

20\. Signs. (2 pages)

21\. Transitory and Final Provisions. (1 page)

> ANNEX A are Definitions.
>
> ANNEX B are Tables on Dimensions of Wooden Posts or Supportales /
> Projections of Balconies and Appendages / Type of Protection Required
> for Pedestrians.

2\. The Code has a lengthy IRR consisting of about 271 pages. The 21
chapters of PD 1096 are covered by nineteen (19) rules already
promulgated by the Secretary of DPWH. The present NBC Board of
Consultants, composed of representatives of various professional
organizations is studying fifteen (15) additional rules to be
promulgated by the Secretary in order to complete all the IRR of PD
1096.

3\. But in addition to the above nineteen plus the future fifteen or a
total of thirty four (34) rules, there are also referral codes which
spell out all the details. PD 1096 refers specifically to Arts. 482, 684
to 686, 694 to 707, and Book II of the Civil Code of the Phil./ Phil.
Mechanical Engineering Code/ Phil. Electrical Code/ National Plumbing
Code/ National Structural Code/ Specifications of the Bureau of Products
Standards (formerly PSC)/ limits set by DOLE and the Environmental
Management Bureau of DENR (formerly NPCC). More future referral codes
are expected specially the Architectural Code of the Phil., Water Code
of the Phil., Energy Conservation Guidelines set by the Dept. of Energy,
and others. Naturally, P.D. 1096, its IRR, and all the above referral
codes constitute the NBC of the Phil.

4\. P.D. 1096 directed the DPWH Secretary to prescribe standards, rules
and regulations on fire resistivity. However, on 25 March 1978, The
President issued P.D. 1185 known as the Fire Code of the Phil, which
more than satisfied the requirements called for by P.D. 1096.
Implementation was vested to the Dept. of Natl. Defense and was assigned
to and enforced by the Chief of the Local Fire Service (CLFS) in each
municipality or City.

5\. P.D. 1096 was silent on enhancing the mobility of disabled persons.
However, Congress enacted Batas Pambansa 344. AKA the Magna Carta for
Disabled Persons in 26 August 1977. Its IRR was jointly promulgated by
the DPWH and the DOTC in coordination with the Natl. Commission
Concerning Disabled Persons. Implementation was vested to the DPWH
secretary who ordered that it be incorporated into the NBC of the Phil.
and implemented by all Bldg. Officials.

III\. Enforcers of the Code.

1\. The Secretary of the DPWH administers and enforces the Code
including imposition of penalties.

2\. He is authorized to constitute consultants/ experts/ advisers/ from
both govt. and private sectors to carry out the provisions of this Code
and improve it.

3\. In the original P.D. 1096, due to existing exigencies, the Secretary
may designate incumbent public works district, city or municipal
engineers to do dual duty as acting Bldg. officials in their areas of
jurisdiction. These designations shall continue until regular positions
of Bldg. Officials are provided.

4\. The Bldg. Official shall be responsible to carry out the Code in the
field as well as enforce other orders and penalties.

5\. The Bldg. Official issues bldg. permits and other permits, may enter
and inspect bldgs. at reasonable hours, may order work stoppage and
discontinuance of occupancy or use, and may even order demolition if
dangerous to life, health, and safety. He also collects fees, charges,
and fines authorized by the Secretary and the Code.

IV\. Who issues Bldg. Permits?

1\. When the Local Govt. Code (RA 7160) was passed in 1 January 1991,
basic services and facilities of eight govt. agencies and seven
regulatory powers of national agencies were devolved to the LGU'S, which
included the enforcement of P.D. 1096, particularly the issuance of
bldg. permits by the municipal or city engineer who may also be the
acting municipal or city building official. But the Local Govt. Code
provides that municipal or city engineers shall be appointed by the
LGU'S. Therefore the difference now is that the LGU'S practically
appoint also the bldg. officials instead of by the DPWH Secretary
although in an acting capacity until regular positions of Bldg.
Officials are provided. However, PD 1096 still vests the administration
of the NBC to the DPWH secretary, who therefore retained the appelate
jurisdiction on Bldg. Officials, meaning, appeals on matters and
regulations concerning implementation of the NBC goes to the DPWH
secretary.

2\. The Local Govt. Code also introduced the involvement of Barangays
and neighborhood associations which cause difficulties and delay in the
issuance of bldg. permits.

3\. This devolvement of issuing bldg. permits by political appointees of
elective officials has reversed the original intent of PD 1096. The
framers of PD 1096 intended to separate from elected officials the power
to approve bldg. permits specially for non-conforming structures for
political or personal considerations. The bldg. code would be in safer
hands if implemented by professionals in the building trade.

4\. These devolvements also gave rise to increased requirements and
time-consuming procedures to secure bldg permits, which is in sharp
contrast to the one-stop shop being formulated and tried by previous top
bldg. officials to expedite securing bldg. permits.

5\. The present Board of Consultants is trying to introduce a Resolution
calling for a separate office for Bldg officials, and the permanent
Bldg. Officials shall be appointed by the DPWH Secretary.

V. THE BUILDING PERMIT

1\. Aside from the usual TCT, Tax declaration and receipts, vicinity
map, site development plans, floor plans and other plans specifications
and other contract documents all prepared by duly licensed Architects,
Civil, Sanitary, Structural, Mechanical, Electrical, Geodetic Engineers,
there are also clearances to be secured from different government
agencies when applying for a bldg. permit.

2\. The barangay clearance is priority. Social acceptability screened
and approved by the Barangay Council takes time. Drawings may be needed
to verify if parking is adequate or there is a beer house near a school,
or other similar undersirables.

3\. The DENR Environmental clearance is probably the longest wait unless
the project belongs to the minor or the exempted. Permit to cut trees or
filling up canals may take a little time but for major projects, the
Environmental Compliance Certificate (ECC) really takes time to secure.

4\. The MMDA locational clearance (for projects within Metro Manila) or
the LGU Locational clearance usually take about 10 days if found
conforming with the City or LGU Zoning and Development Plan, otherwise,
it may take at least one month before the City or LGU council can make a
decision and pass a Resolution on any non-conforming project.

5\. The land use and zoning permit used to be obtained from the HLURB
which is the sole regulatory body for housing and land development.
However, these have been devolved to LGU's except for subdivisions and
condominiums where only HLURB is the agency entrusted to enforce PD 957
(the condo and subdivision law).

6\. When necessary, written clearance shall also be obtained from the
Dept of Tourism (DOT) for tourism-oriented projects, the Air
Transportation Office (ATO), formerly CAA for height clearance near
airports, and the Phil. Ports Authority (PPA) for construction in Port
Zones.

7\. Other permits which may be obtained from the office of the Bldg
Official are fencing, demolition of existing facilities, use of
sidewalk, bill-boards, antenna or tower, excavation, scaffolding, and
the like.

8\. Submit five sets of plans drawn on any of the three prescribed
standard size of paper, specifications, bill of materials, estimated
cost (for statistical purposes only), and four pictures showing
different views of the site. Submit structural and seismic analysis
including soil tests, Sanitary/ Mechanical/ Electrical design analysis
and cost estimates including installation. These are checked and
evaluated by the Bldg. Official's professional staff consisting of Land
Use and Zoning, Line and Grade, Architectural, Structural, Sanitary,
Electrical, and Mechanical. If found in order, the application is given
due course.

9\. One set of the plans is forwarded by the Bldg Official to the Chief
of the Local Fire Service (CLFS) of the Bureau of Fire Protection (BFP),
and which must be acted upon and returned to the Bldg Official with
written comments within five days otherwise, the conclusion is that the
plans are in compliance with the Fire Code. The Bldg. Official must
approve or disapprove the application for bldg. permit within fifteen
days after payment of all required fees.

10\. The permit must be displayed at the premises of the project, and
will become null and void if work is not commenced within one year or if
work is suspended for 120 days. A sign as prescribed, shall be displayed
at the site.

11\. The fee for the permit shall be based on the floor area of the
project, on its Category, and on a common fixed construction cost per
sq.m. depending if the project is within first class cities/ second
class cities & first class municipalities/ others. The five categories
are I - Residential, comprising Group A and partly Group B bldgs. II -
Commercial & Industrial, comprising Groups, B, C, E, F, G, H & I bldgs.
III - Social, Educational, and Institutional comprising Groups C, D, E,
& H bldgs. IV - Agricultural, comprising partly Group J Bldgs. V -
Ancillary, comprising partly Group J Bldgs. Other fees are enumerated in
the Code.

12\. The building/ Sanitary/ Mechanical/ Electrical permits applications
are signed by the Owner, by the designing professionals and also by the
construction/ installation supervising professionals.

VI\. DURING CONSTRUCTION

1\. Log Book that records daily weather conditions, tests, inspections,
and progress of work shall be filled up by the Contractor and signed /
sealed by the Construction Supervising professional who signed the Bldg
permit application :

2\. Prepare As-built plans which should indicate all changes in the
plans and the specifications, preferably prepared during construction.

VII\. CERTIFICATE OF COMPLETION AND OCCUPANCY

1\. Partial occupancy permit can be granted prior to completion of the
entire project.

2\. Certificate of Completion and as-built plans shall be signed and
submitted by the Contractor, signed/sealed also by the Construction
Supervising professionals.

3\. Final inspection shall be done by both the Bldg. Official and the
Chief of the Local Fire Service (CLFS). The CLFS shall issue the Fire
Safety Inspection Certificate and the Bldg. Official shall issue the
Certificate of Occupancy. In case of industrial bldgs. a certificate
from the Environmental Management Bureau of the DENR (formerly NPCC) is
also required.

4\. Must disturbing is the oftentimes very much delayed issuance of the
Environmental Compliance Certificate (ECC) by DENR for all projects
which is also a requisite for approval of the occupancy permit.

VIII\. The Board of Consultants/ NBCRC

1\. The present Board of Consultants was created by the DPWH Secretary
with functions similar to the original BRDS (Building Research and
Development Staff) one of whose early duties is to inform prospective
Bldg. Officials how to enforce the NBC.

2\. The Fire Code and its IRR has not changed. Neither has BP 344. Since
19 February 1977, PD 1096 has not undergone any amendments and its IRR
has remained basically the same except some modifications in Bldg.
permit fees and completing some of the missing rules still to be
promulgated by the Secretary.

3\. Preparing the missing rules for 15 more sections in the Code is our
priority. Our next priority is to up-graded / up-date some of the
present 19 rules which have fallen behind the fast advancing technology.

4\. We intend to up-date the IRR of both the Fire Code and the
Accessibility Law with some help from private professional health and
management organizations. When the CLFS of the Bureau of Fire Prevention
(BFP) was transferred from the DND to DILG, our Board of Consultants
prepared the new MOA between DILG & DPWH.

5\. We recently passed a Resolution advocating the creation of a
separate office for the Bldg Official and his staff, instead of serving
in dual capacity as both municipal Engineer and acting municipal Bldg.
Official or city Engineer and acting city Bldg. Official, without any
extra compensation. We hope that this also return to the DPWH Secretary
the power to appoint the LGU Bldg. Officials and thus avoid
finger-pointing the command responsibilities between municipal or city
Mayors and the Natl. Govt. as what has happened with the Ozone tragedy
in 1998 and the Cherry Hills disaster in 1999.

6\. We will try to propose amendments to PD 1096 (through legislation)
to enable more non-govt professional organizations to be helpful and
contributory in reviewing and deciding whether to issue a bldg permit or
not. Our BOC can formulate schemes and procedures to guide Bldg
officials toward recognizing and enforcing better code compliance. This
effort can be extended by also proposing amendments to improve both the
Fire Code (P.D. 1185) and the Disability Law (B.P. 344) which were
originally drafted with little help and scrutinity from professionals in
the bldg. trade.

STRUCTURAL & HYDRAULIC ENGINEER

M S C E & A R C H I T E C T

E N V I R O N M E N T A L P L A N N E R

**ANGEL LAZARO, JR.**

160 Panay Ave. 101 Maginhawa St.

Quezon City Quezon City

924-1865 / 924-1887 FAX 921-7392 / 920-0721 FAX

alazaro3@yahoo.com