Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL No. _6820

Introduced by:

Honorable DAVID C. SUAREZ

EXPLANATORY NOTE

Our country is frequently visited and damaged by typhoons, monsoon rains,
floods, landslides, storm surges, drought, earthquakes and volcanic eruptions. Climate
change and Global warming has increased the intensity and frequency of these natural
disasters.

The Philippines is within the so called “Pacific Ring of Fire” or the “circum-
Pacific belt’. Our geographical location in the world makes our earthquakes and
volcanic eruptions more frequent and stronger compared to other countries. One of
the most recent and destructive earthquakes was the one that struck Bohol in 2013
wherein 222 were reported dead while 796 people were injured. Then, who could ever
forget the eruption of Mount Pinatubo in 1991 which reportedly killed 847 people and
displaced thousand others.

Typhoons Ondoy (2009), Pablo (2012) and Yolanda (2013) have destroyed
thousands of Filipinos in all parts of this country.

For the most part of 2019, Visayas and Mindanao had been struck with
damaging earthquakes. In Mindanao alone, there were at least five (5) powerful
earthquakes in a span of only three (3) months from October to December of that year.
The first of those weakened the integrity of several buildings and homes on the island
by what experts are calling a “fore shock” or precursor 6.3-magnitude earthquake that
struck on October 16. Then, on October 29, a magnitude-6.6 quake struck the
country's southern provinces damaging buildings and sadly, claiming the lives of at
least 5 people. Just two (2) days after or on October 31, a 6.5-magnitude aftershock

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was felt. The last big one in Mindanao that year was the 6.8 magnitude tremor last
December 15. Experts also believe aftershocks may be felt until the end of December.

No less than President Rodrigo R. Duterte President directed local government
units (LGUs) to conduct an immediate inspection of buildings within their respective
jurisdictions. “Well, it is time for the LGUs to inspect all buildings. Umpisahan na nila
ngayon (They should start now),” the President said in a chance interview in Davao
City last October 31, 2019.

On the same day, Presidential Communications Operations Office Secretary
Martin Andanar called on Congress to amend Republic Act (RA) 6541 or the National
Building Code of the Philippines, saying that the current framework of the “outdated”
law is “very lax’. The scope of RA 6541 includes “location, siting, design, quality of
materials, construction, use, occupancy, and maintenance” of both private and public
buildings. ‘Let us not wait for a disaster to happen before we become strict in granting
building permits,” Andanar said

These recent disasters which claimed the lives of our poor countrymen are
concrete examples that our existing laws lacked responsiveness for the strength of
our infrastructure.

Weak infrastructure has been a major obstacle to the creation of safe and
resilient communities in the Philippines. Thus, improvements in building regulations
and standards are imperative.

The Philippine Institute of Volcanology and Seismology (PHIVOLCS) reported
a comprehensive study in 2013 that covers earthquake damage scenarios and
estimation results. The report includes some terribly alarming figures. If a worst-case
scenario of a 7.2-magnitude earthquake from the West Valley Fault, also known as
the "Big One" strikes, it projects that residential buildings will be most at risk, with at
least 25.6 percent or 339,800 damaged buildings. There is a potential of 18,000
casualties from fire-related incidents, and 113,600 may be left injured. The direct
human impact is estimated at 33,500 deaths, and 3.1 million homeless people.

In order to safeguard the public welfare and to mitigate the impact of disasters,
this bill proposes to provide for all buildings and structures, a framework of minimum
standards and requirements, mainstreaming disaster risk reduction and management,
to regulate and control their location, siting, planning, design, construction, and
maintenance. In pursuit of these policies, the State should institutionalize a system
that will provide for periodic review and flexible mechanisms in the updating of
regulations and standards and which will strengthen the participation of relevant
stakeholders, taking into account the importance of allowing for continuing innovation
in building design and construction.

This bill seeks to provide the effective regulation of planning, design,
construction, occupancy, and maintenance of all public and private buildings and
structures. In addition, safeguarding life and protecting people from injury, ensuring
the people's health and well-being, protecting property from physical damage and loss,

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and minimizing disaster risk are the reference standards in attaining building
resiliency. This Act shall hold relevant stakeholders accountable in ensuring
‘enforcement of and compliance with this act. Moreover, this bil proposes to establish
sustainability standards for government-owned buildings, mitigating any negative
environmental, economic, and social impacts.

Hence, the approval of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

House BLL no, 6820

Introduced by:

Honorable DAVID C. SUAREZ

AN ACT

REGULATING THE PLANNING, DESIGN, CONSTRUCTION, OCCUPANCY, AND
MAINTENANCE OF BUILDINGS, PROMOTING BUILDING RESILIENCE VERSUS
FIRE, FLOOD, STORM, EARTHQUAKE AND MULTIPLE HAZARDS, ENACTING A
NEW PHILIPPINE BUILDING ACT, THEREBY REPEALING PRESIDENTIAL
DECREE NO. 1096, AND FOR OTHER PURPOSES

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

CHAPTER I
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the “Philippine Building Act
of 2019."

See. 2. Declaration of Principles and Policies. — The State shall safeguard life,
health, property, and public welfare, consistent with principles of sustainable
development. Towards this end, it shall be the policy of the State to provide for all
buildings and structures, a framework of minimum standards and requirements,
mainstreaming disaster risk reduction and management, to regulate and control their
location, siting, planning, design, construction, occupancy, and maintenance. In


pursuit of these policies, the State shall institutionalize a system that will provide for
periodic review and flexible mechanisms in the updating of regulations and standards
and will strengthen the participation of relevant stakeholders, taking into account the
importance of allowing for continuing innovation in building design and construction.

Sec. 3. Objectives of the Act. — The objectives of this Act are as follows:

a. To provide for the effective regulation of planning, design, construction,
occupancy, and maintenance of buildings and structures, the establishment
of a permitting process based on their classifications, and the setting of
reference standards to:

1. Safeguard life and protect people from injury;

2. Ensure the health and well-being of the people who use them, without
impinging on the safety of the general public or endangering the
environment;

3. Protect property from physical damage; and

4. Reduce and manage hazards, exposures, and vulnerabilities,
thereby minimizing disaster risk;

b. To promote the accountability of relevant stakeholders in ensuring
enforcement of and compliance with this Act, rules and regulations, and
reference standards; and

c. To establish sustainability standards for government-owned buildings,
mitigating any negative environmental, economic, and social impacts.

Sec. 4. Scope and Application. — This Act shall cover all private and public
buildings and structures, and their location, siting, planning, design, materials,
construction, use, occupancy, maintenance, addition, alteration, conversion,
rehabilitation, relocation, repair, retrofit, and demolition.


Sec. 5. Interpretation. — Nothing in this Act shall be interpreted to prevent local
government units, pursuant to local autonomy, from enacting local ordinances relating
to buildings or structures and their location, siting, and planning that will better
safeguard life, health, property, and public welfare, consistent with the objectives of
this Act.

Such local ordinances by local government units of contiguous jurisdictions
shall be harmonized for purposes of buildings that may straddle territories of local
government units.

Before such local ordinance shall take effect, concurrence by the National
Building Official shall be required through the review process specified in the
promulgated rules and regulations.

Every such local ordinance shall be published in manners that are clear to all
stakeholders, through measures that include but are not limited to those provided in
Section 69 of this Act.

Sec. 6. Definition of Terms. — As used in this Act:

a. Accredited Certifier refers to a person possessing experience and other
qualifications of a Building Professional, and accredited by the Office of the
National Building Official to issue certificates to confirm that a building or
structure that is more than 15 years of age meets the requirements of
Chapter VIl of this Act, rules and regulations, and reference standards as to
structural stability and fire safety construction;

b. Accredited Inspector refers to a person possessing experience and other
qualifications of a Building Professional, and accredited by the Office of the
National Building Official, whose service is engaged by the Local Building
Official to inspect buildings or structures in accordance with this Act, rules
and regulations, and reference standards;


. Accredited Structural Peer Reviewer refers to a person possessing
experience and other qualifications of a Building Professional, and
accredited by the Office of the National Building Official to provide
independent verification that the structural design of a proposed or new
building or structure complies with this Act, rules and regulations, and
reference standards;

|. Accredited Testing Laboratory refers to an establishment or institution
accredited by the Office of the National Building Official to perform tests to
determine if the building materials and components used in the construction
of a building or structure comply with Chapter VI of this Act, rules and
regulations, and reference standards;

.. Addition refers to any construction which increases the height and/or floor
area of an existing building or structure;

Alteration refers to any construction in an existing building or structure
involving changes in the materials used, partitioning, location or size of
openings, structural parts, existing utilities, and/or equipment but does not
increase the building height nor floor area;

. Ancillary Structure refers to a structure intended to provide support to main
buildings or structures, which may include: bank and records vaults;
swimming pools; firewalls separate from the building or structure; towers;
silos; smokestacks; chimneys; commercial or industrial fixed ovens;
industrial kilns or furnaces; water or waste treatment tanks; septic vaults;
concrete and steel tanks; booths, kiosks, and stages; tombs, mausoleums,
and niches; and similar structures;

. Build Back Better refers to planning, based on the evolving or evolved
disaster risks and ahead of disasters, to finance, design, and build after a
disaster or crisis with consideration of the need to further strengthen disaster
preparedness for response, take action in anticipation of events, and ensure
capacities are in place for effective response, recovery, and reconstruction;

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Building refers to any temporary or permanent structure, anchored to the
ground, for the shelter, enclosure, or support of persons, animals,
machinery, or chattels;

Building Contractor refers to a person duly registered and licensed by the
Philippine Contractors Accreditation Board, whose proposal has been
accepted and to whom was awarded the contract to execute the
construction; for this purpose, “contract” means an agreement, regardless
of titles such as prime contract, subcontract, or deed of assignment;

Building Owner refers to a person who orders construction work for a
building or structure by contract; or a person undertaking one's own
construction without engaging a Building Contractor therefor, as owner-
builder; or a person holding the legal right of possession or title to a building
or structure;

Building Professional refers to a person lawfully engaged in the design,
construction, or inspection of a building or structure, who is duly registered
and licensed by the Professional Regulation Commission (PRC), through a
professional regulatory law for each profession, to provide such services;

|. Building Site refers to the lot, which is described by technical descriptions
delineating boundaries of the property to be developed, over which the
Building Owner has a title or legal right to build; for design purposes, the
term shall also cover areas and spaces around the lot, the conditions of
which bear on the operability and safety of the building or structure;

|. Construction refers to any and all on-site work including but not limited to
preparation, excavation, foundation, and assembly or installation of
components, utilities, machinery, and equipment of building or structure;


. Conversion refers to a change in the use or occupancy of an existing
building or structure or any portion/s thereof to another occupancy group or
sub-group that has different requirements under this Act;

. Demolition refers to the systematic dismantling, destruction, or removal of a
building or structure, in whole or in part;

|. Department means the Department of Public Works and Highways
(DPW);

Exposure refers to people, property, systems, or other elements present in
hazard zones that are thereby subject to potential losses, or to the degree
to which the elements at risk are likely to experience hazard events of
different magnitudes;

. Fire Resistance Rating refers to the time, in minutes or hours, that a building
material, assembly, or type of construction can withstand fire exposure as
determined by generally recognized and accepted testing methods;

Hazard refers to a dangerous phenomenon, substance, human activity, or
condition that may cause loss of life, injury or other health impacts, property
damage, loss of livelihood and services, social and economic disruption, or
environmental damage;

. Hazard Zone refers to an area identified in generally recognized and
accepted hazard maps as exposed to natural hazards, such as floods, wind
storms, storm surges, landslides, volcanic eruptions, and earthquakes;

.. Innovative Construction Technology refers to a construction technology that
is emerging or being reintroduced locally or nationally in the field of
construction, with corresponding evidence of acceptable performance from
laboratory tests, field tests, and/or analytical studies to comply with Chapter
Vand Chapter VI of this Act, rules and regulations, and reference standards;


w. Locational Clearance refers to the document issued by the planning and
development officer of the local government unit certifying that the proposed
construction has the appropriate traffic impact assessment (TIA), is located
in an appropriate zone, and does not violate the Comprehensive Land Use
Plan (CLUP), any zoning ordinance or regulation of the concerned local
government unit, nor other applicable laws, ordinances or regulations, which
document is submitted to the Local Building Official in support of an
application for a permit;

x. Permit refers to any of the permits that may be issued by the Local Building
Official as set forth in this Act;

y. Reference Standards refers to technical standards that the National Building
Official promulgates through rules and regulations in administering and
enforcing this Act; for this purpose, consistent with Section 40, existing
referral codes shall hereinafter be renamed and referred to accordingly as
“reference standard

z. Rehabilitation refers to the act or process of making possible a compatible
use for an existing building or structure through repair and/or alteration while
preserving those portions or features which convey its acknowledged
heritage significance;

aa.Relocation refers to the transfer of an existing building or structure or
portion/s thereof from original location or position to another, either within
the same site or to a different one;

bb. Renovation refers to any physical change made on an existing building or
structure to increase the value or improve the quality and/or aesthetics,
without addition to building height or floor area, nor alteration of structural
parts;

cc. Repair refers to remedial work done on any damaged or deteriorated
portion/s of an existing building or structure to restore its original condition;

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dd. Retrofit refers to the construction of any new element or system, or the
alteration of any element or system, required to bring an existing building or
structure, or portion thereof, into conformance with this Act, rules and
regulations, and reference standards;

ee. Secretary refers to the Secretary of the Department of Public Works and
Highways;

ff. Special Site refers to a site that requires special rules and regulations to
mitigate potential adverse impacts of the site conditions;

gg. Structure refers to that which is built or constructed, an edifice, or building
of any kind, or any piece of work artificially built up or composed of parts
joined together in some definite manner, but shall not include streets,
highways, bridges and viaducts, railroads, canals, river and shore
improvements, dry docks, dams, irrigation, flood protection, tunnels,
transmission towers and lines, and structures regulated by other national
laws or competent national agencies;

hh. Traditional Indigenous Family Dwelling refers to a residential building or
structure intended for the use and occupancy by the family of the owner only
and constructed with native or local materials such as nipa, cogon, bamboo,
log, lumber, or stone, the estimated total cost of which does not exceed the
limit prescribed by the National Building Official through rules and
regulations;

ii, Vulnerability refers to the characteristics and circumstances of a community,
system or asset that make it susceptible to the damaging effects of a hazal

vulnerability may arise from various physical, social, economic, and
environmental factors such as poor design and construction of buildings,
inadequate protection of assets, lack of public information and awareness,
limited recognition of risks and preparedness measures, and disregard for
sound environmental management; and

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jj. Zoning refers to the division of a city or municipality into zones or sub-zones
and overlay zones according to present and potential uses of land to
maximize, regulate, and direct their use and development in accordance
with the Comprehensive Land Use Plan (CLUP).

Additional definitions shall be included in the implementing rules and
regulations and with the reference standards; Provided, that these shall be non-
redundant to, non-contradictory with, and only supplementary to, the definitions as
sed in this Act.

CHAPTER Il
CLASSIFICATION OF BUILDINGS

Sec. 7. Classification System. — A system of classification of buildings and
structures in the Philippines as to: (a) type of construction according to fire resistance
rating; (b) use or occupancy; and (c) required permitting process, is hereby adopted.

Sec. 8. Buildings Classified by Type of Construction According to Fire
Resistance Rating. — The building or structure shall be classified according to fire
resistivity and fire resistance rating consistent with Republic Act No. 9514, or the Fire
Code of the Philippines, and its Implementing Rules and Regulations, in consideration
of the combination of features of fire safety constructions including but not limited to
interior finishes, walls, barriers, doors, windows, vents, means of egress, and
treatment of building components with flame retardant chemicals.

Sec. 9. Buildings Classified According to Use or Occupancy. — The building or
structure shall be identified based on the use or occupancy and shall be classified as
follows:

Group A. Assembly occupancies shall include all buildings and structures, or
portions thereof, used for gathering together of 50 or more persons for any purpose,
including but not limited to deliberation, worship, entertainment, eating, drinking,
amusement, awaiting transportation, and instruction;

2


Group B. Business occupancies are those used for the transaction of business
other than those covered under Group M, Mercantile, including the keeping of
accounts and records and similar purposes for office, professional, or service-type
transactions;

Group D. Disaster response occupancies are those permanent centers for
refuge and emergency evacuation or for emergency operation;

Group E. Educational occupancies shall include buildings, or portions thereof,
used for the gathering of group of six (6) or more persons for purposes of instruction;

Group F. Factory and Industrial occupancies are those used for operations
including, but not limited to, product processing, fabricating, manufacturing,
assembling and disassembling, mixing, packaging, finishing or decorating, repairing,
and material recovery;

Group G. Agricultural and Biological occupancies are those used for the
production, harvesting, processing, storage, manufacture, preserving, transporting,
and distribution of agricultural and biological products or materials including, but not
limited to, silos and its components, agricultural and biosystems machinery and
equipment sheds, farm houses, green/screen houses, poultry houses, piggery
houses, slaughterhouses, agricultural and biological products storage/warehouses,
buildings and structures for poultry, livestock, fishery and forestry production and
processing, kiln drying and lumber treatment structure, and structures for farm
equipment, farm supplies, and agricultural waste utilization and management;

Group |. Institutional occupancies are those used to house one or more persons
under varied degrees of restraint or security where such occupants are mostly
incapable of self-preservation because of security measures not under the occupants’
control (Sub-group ID), or government buildings and quarters rendering civic or public
assistance and peace and order (Sub-group IG), or those in which care or supervision
is provided to persons who are mostly incapable of self-preservation without physical
assistance because of age, or physical or mental disability (Sub-group IH);

13


Group M. Mercantile occupancies are those used for the display and sale of
merchandise, and involves stocks of goods, wares, and merchandise incidental to
such purposes and accessible to the public;

Group R. Residential occupancies are those in which sleeping
‘accommodations are provided for normal residential or dwelling purposes and include
all buildings designed to provide sleeping accommodations, for example the socialized
(Sub-group RS) and economic (Sub-group RE) housing covered by Batas Pambansa
Big. 220;

Group S. Storage occupancies include all buildings or structures utilized
primarily for the storage or sheltering of goods, merchandise, products, vehicles, or
animals;

Group U. Utilities and Miscellaneous occupancies are those with an ancillary
character such as, but not limited to, those enumerated in Section 6 (g) Ancillary
Structure, or those which cannot be properly classified in any of the other occupancy
groups in this Section, such as, but not limited to billboards and commercial
signboards; and

Group Z. High-Hazard occupancies mean those with storage and handling of
flammable, highly combustible, or other materials that would constitute a physical or
health hazard, in quantities in excess of those allowed by regulations.

The National Building Official may determine, through rules and regulations,
sub-groups within Group A to Z. Any other use or occupancy not mentioned
specifically under this Section, or about which there is any question, shall, upon
approval by the National Building Official, be included in the group which it most nearly
resembles based on the associated hazard or risk to life, health, property, and public
welfare.

In addition to permanent centers for refuge and evacuation as in Group D, any
building, structure, or portion thereof may be designated as a temporary evacuation

4


center provided it complies with the specific rules and regulations promulgated by the
National Building Official.

When a building or structure is of mixed occupancy or used for more than one
occupancy, the whole building or structure shall be subject to the most restrictive
requirement pertaining to any of the occupancy groups found therein, except as
otherwise provided in applicable rules and regulations.

For each group or sub-group of use or occupancy, the National Building Official
shall promulgate specific rules and regulations and reference standards in accordance
with this Act.

Sec. 10. Buildings Classified According to Required Permitting Process. —
Buildings and structures shall be classified based on the required permitting process
as follows:

a. Deemed-to-Satisfy Structures or Class P1 Structures are buildings or
structures belonging to sub-group/s under Group R, Residential, either
traditional indigenous family dwellings regardless of number of floors, or
individually constructed dwellings for up to three (3) families, with maximum
total gross floor area limit for each case as prescribed by the National
Building Official through rules and regulations, but shall exclude such
structures under any government-approved mass housing project
developed by the government, non-government organization, or private
developer. These Deemed-to-Satisfy or Class P1 Structures shall comply
with Simplified Reference Standards as prescribed by the National Building
Official under a simplified permitting process.

b. Regular Structures or Class P2 Structures are buildings or structures that
do not fall under either one of the classifications of Deemed-to-Satisfy
Structures and Special Structures. Regular Structures shall require the
regular permitting process.

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c. Special Structures or Class P3 Structures are buildings or structures that
are distinguished by special physical attributes in terms of size, span, or
form, and/or by nature of use or occupancy. These structures shall be any
of the following:

1. Buildings and other structures exceeding 75 meters in height or a
higher height threshold as prescribed based on rules and
regulations by the National Building Official;

2. Long span structures exceeding 30 meters in span or a longer
span threshold as prescribed based on rules and regulations by
the National Building Official;

3. Buildings and other structures with two (2) or more floor levels,
and in any single floor level exceeding 25,000 square meters of

gross floor area;

4, Buildings and other structures with gross floor area exceeding
40,000 square meters;

5. Facilities belonging to Group D, Disaster response;

6. Hospitals belonging to a sub-group under Group |, Institutional,
that need to provide higher than the minimum level of services in
terms of functional capacity as classified by competent national
agency on healthcare facilities;

7. Facilities belonging to Group Z, High-Hazard;

8. Structures that have non-regular structural form as classified in
structural reference standards; and


9. Buildings and other structures using very advanced structural
calculation method in design as classified in structural reference
standards.

Accordingly, the permitting process for these Special or Class P3 Structures
shall require a peer review of the structural stability.

For buildings and structures that have non-regular structural form (sub-class (8)
in this Section) or using very advanced structural calculation method in design (sub-
class (9) in this Section), the peer review shall be conducted by an Accredited
Structural Peer Reviewer duly qualified for such specific sub-classes, respectively.

Provided, that prior certification for innovative construction technology
according to Section 29 of this Act shall be deemed to satisfy the requirement of
structural peer review. Provided further, that the Office of the National Building Official
shall establish and/or accredit competent government agencies in charge of
certification of innovative construction technologies as provided for in Section 29.

The act of reviewing does not pass on the responsibility and the liability of the
Building Professional for design to the Accredited Structural Peer Reviewer on the
structural integrity of the building, without prejudice to administrative charges under
applicable professional regulations. Provided, that should the Building Owner opt,
under applicable laws and professional regulations, to lawfully disengage the
previously engaged Building Professional for design and to engage as new Building
Professional for design an Accredited Structural Peer Reviewer who has been
previously engaged as peer reviewer according to this Section, a new independent
Accredited Peer Reviewer shall be required.

Sec. 11. Buildings and Structures. — For purposes of this Act, structures shall
include buildings, ancillary structures, and other structures as defined in this Act.

Sec. 12. Requirements for Each Type of Construction According to Fire
Resistance Rating. — The National Building Official shall prescribe standards for each
type of construction according to fire resistivity and fire resistance rating as allowed

7


under this Act correspondingly for each group or sub-group of use or occupancy, and
promulgate rules and regulations and reference standards therefor, in general terms
of structural system, exterior walls and openings, interior walls and enclosures, floors,
exits and stairs construction, and roofs, among other elements.

Sec. 13. Changes in Use or Occupancy and/or Type of Construction According
to Fire Resistance Rating. — No change shall be made in the use or occupancy and/or
type of construction according to fire resistivity and fire resistance rating of any building
or structure which would place the building or structure in a different occupancy group
or different type of construction, unless such building or structure is made to comply
with the requirements for the new occupancy group or type of construction; provided,
that the change may be approved by the Local Building Official upon determination
that the new use or occupancy and/or type of construction poses less risk to life,
health, property, and public welfare, according to rules and regulations promulgated
by the National Building Official.

CHAPTER Il
LOCATION, SITING, AND ZONING REQUIREMENTS

Sec. 14. General Requirements for Location, Siting, and Zoning. - The site
upon which will be constructed any building or structure shall be sanitary, hygienic,
and accessible, and shall not pose high hazard for the intended use or occupancy, as
determined by competent and appropriate authorities and certified through a locational
clearance and other clearance/s or certificate/s as prescribed by applicable laws and
regulations. It shall not obstruct existing easement or right-of-way of the national
government and all local government units, as well as departments, regulatory
agencies, instrumentalities, government owned and controlled corporations, and
implementing units of the same, in accordance with existing laws and rules and
regulations.

Sec. 15. Protection of the Site Environment. Any proposed construction,
including its location, siting, and use, shall take into account the environment and its
conservation and protection. — It shall not gravely affect the heritage and
environmental significance of the site; and shall not harm nor aggravate the state of

18


the neighborhood, environment, and natural resources surrounding it. No construction,
its location, siting, and use shall be allowed without complying with the applicable
heritage, environmental, and natural resources laws and regulations, as determined
by competent and appropriate authorities and certified through a locational clearance
and other clearance/s or certificate/s as prescribed by applicable laws and regulations.

Sec. 16. Protection of the Public. - Any proposed construction shall not cause
harm to the general public nor infringe on public spaces.

Sec. 17. Requirements in Hazard Zones and Special Sites. - The Building
‘Owner and Building Professional shall ensure that the proposed construction, its
location, siting, and use, will not increase the vulnerabilities of the people who will
occupy the building and their neighborhood on account of the hazard zone or special
site. Within hazard zones as established in the CLUP and/or hazard maps published
by the national government, risk mitigation and adaptation requirements and/or
measures shall be incorporated in the rules and regulations and reference standards
as promulgated by the National Building Official.

Sec. 18. Resilience. — Buildings and structures damaged structurally by a
disaster or crisis shall adhere to principles of building back better in post-disaster or
post-crisis recovery and reconstruction.

The National Building Official shall cause to integrate disaster risk reduction
and management measures in the rules and regulations and reference standards for
planning, design, and reconstruction of buildings and structures.

The National Building Official shall promulgate specific rules and regulations
and reference standards for temporary post-disaster or post-crisis structures.

CHAPTER IV
DESIGN REQUIREMENTS

Sec. 19. General Requirements for Design. - The design of all buildings and
structures shall comply with the requirements prescribed by this Act, rules and

19


regulations, and reference standards; provided, that there shall be specific levels of
standards and technical requirements for socialized housing (residential occupancy
Sub-group RS) and economic housing (residential occupancy Sub-group RE)
structures as provided by Batas Pambansa Big. 220.

Provided further, that Group G, Agricultural and Biological occupancies shall
consider biosystems design requirements for the protection of persons, animals,
crops, and the environment.

Buildings and structures on or in special sites shall consider special design
requirements and risk mitigation measures called for by the specific site conditions.

Sec. 20. Stability. - All buildings and structures shall be designed to be
structurally stable against anticipated combinations of loads and effects so as to
safeguard people and property from physical harm or damage.

Subject to the provisions of Articles 684 to 686 of Republic Act No. 386, or Civil
Code of the Philippines, on lateral and subjacent support, the design and quality of
materials used structurally in excavation, footings, and in foundations shall conform to
prescribed reference standards and accepted engineering practice.

Sec. 21. Protection from Fire. — All buildings and structures shall be designed
to safeguard persons and properties from any harm or damage caused by fire in
accordance with Republic Act No. 9514, or the Fire Code of the Philippines, and its
Implementing Rules and Regulations.

All fire safety constructions as defined by the Fire Code of the Philippines shall
be designed in accordance with specific rules and regulations and reference standards
under this Act.

Sec 22. Protection from Moisture and Surface Water. — All buildings shall be
designed to provide adequate resistance to penetration by, and the accumulation of,

‘excessive moisture and surface water.

20


Sec. 23. Protection from Other Hazards. — All buildings and structures shall be
designed to safeguard persons and properties from other site-specific multiple
hazards.

Sec. 24. Safety of Users or Occupants. — All buildings and structures shall be
designed to safeguard its users or occupants from harm, injury, or loss.

Sec. 25. Ingress, Circulation, and Egress. — Safe access into, circulation within,
and egress from the buildings, including emergency exits, shall be provided for
persons and vehicles.

Sec. 26. Energy and Energy Efficiency. — The design of buildings and structures
shall include, wherein required, practices and technologies that maximize energy
efficiency.

The National Building Official shall promulgate specific rules and regulations
applicable to buildings and structures exceeding a threshold total gross floor area,
depending on the classification of use or occupancy.

Sec. 27. Services and Facilities. — All building services and facilities, their
equipment and installations, shall be designed to be adequate, safe, and efficient, to
promote the wellbeing of the users or occupants and the general public.
Constructability and ease of maintenance of the services and facilities shall be highly
considered in the design.

As required by the occupancy group, buildings and structures shall be designed
to provide services and facilities including but not limited to the following: light and
ventilation; water supply; drainage; wastewater disposal; solid waste management;
pest and vermin cont

power and fuel supply; communication facilities; conveyance
and parking facilities; and fire lane and fire hydrants.

Provided, that the carriageways, sidewalks, and all parts of road right-of-way
for public roads adjoining a building site shall not be used to meet the requirements of
parking facilities for the building as required by this Act, rules and regulations, and

2


reference standards. Provided further, that queuing areas, driveways, ramps,
entrances to, and exits from parking facilities for a building shall not encroach on the
road right-of-way nor obstruct the movement of pedestrians and vehicles on the public
roads adjoining the building.

Provided, finally, that telecommunication facilities such as, but not limited to, in-
building solutions and fiber-optic cabling for high-capacity and high-speed
requirements shall be mandatory in buildings owned by the national government and
all local government units, as well as departments, regulatory agencies,
instrumentalities, and implementing units of the same.

CHAPTER V
CONSTRUCTION REQUIREMENTS

Sec. 28. General Requirements for Construction. — The construction of all
buildings and structures shall comply with the requirements prescribed by this Act,
rules and regulations, and reference standards.

Use of materials, pieces of equipment, plants, and tools, and selection of
personnel shall conform to reference standards on materials, methods, and practices,
in order to ensure quality of material and quality of workmanship. Builders shall
promote quality of construction as one of the essential links to the reduction of the
vulnerability of the building or structure to hazards.

Sec. 29. Innovative Construction Technologies. — All innovative construction
technologies used in building construction shall comply with any special tests or
requirements as prescribed by the National Building Official pursuant to the policies
and objectives of this Act. These technologies shall be installed by qualified personnel
and supervised by technically competent professionals.

The proponent of such innovative construction technology may apply for a
certification by the competent national agency according to the rules and regulations
prescribed by the National Building Official. Buildings and other structures using an

22


innovative construction technology with prior certification shall be deemed to satisfy
the requirement of structural peer review.

Provided, that innovative technologies appropriate for socialized and economic
housing, which are low-cost housing as covered by Batas Pambansa Big. 220, shall
be subject for accreditation by the Accreditation of Indigenous Technologies for
Housing (AITECH) Committee or its successor agency.

Provided further, that the Office of the National Building Official shall establish
and accredit another competent national agency to be in charge of accreditation of
innovative technologies, including so-called smart and/or green technologies, that are
for applications other than socialized or economic housing.

Provided finally, that nothing in this Act shall be interpreted to prevent the
National Building Official from causing the establishment and accreditation of a unified
competent national agency to be in charge of accreditation of innovative technologies
for various construction applications.

Sec. 30. Safety and Protection During Construction. — All buildings shall be
constructed or demolished without causing any harm or injury to the construction
workers and the public.

Sec. 31. Protection of Property During Construction. — All and any public or
private property above or below the ground shall be protected from any damage by
any work being done under the permit. The protection shall be maintained while such
work is being done and shall not obstruct the normal functioning of any such property.

Sec. 32. Phased or Incremental Construction. — All uncompleted portions of
buildings subject to phased or incremental construction shall be protected and shall
not pose harm to the public. Any additional or incremental work shall not compromise
the safety and wellbeing of the users or occupants.

Sec. 33. Construction and Demolition Waste Management. — All buildings shall
be constructed with proper management of construction and demolition waste.

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CHAPTER VI
BUILDING MATERIALS

Sec. 34. General Requirements for Materials. — All building materials and
components shall comply with the requirements prescribed by this Act, rules and
regulations, and reference standards.

The use of building materials and components must be safe for the health of
users or occupants and must not cause any substantive negative impact to the
environment such as, but not limited to, air, water, and soil.

Provided, that product standards promulgated by competent national agency
shall be harmonized with or incorporated together with the reference standards under
this Act.

Sec. 35. Selection of Materials. — Building materials and components shall be
selected following a set of criteria including but not limited to ‘strength, fire resistivity,
moisture resistance, durability, and sustainability, according to rules and regulations
and reference standards promulgated by the National Building Official.

CHAPTER Vil
OCCUPANCY, MAINTENANCE, AND ABATEMENT OF BUILDINGS

Sec. 36. General Requirements for Occupancy, Maintenance, and
Abatement.— All Building Owners shall use and maintain the building in accordance
with the requirements prescribed by this Act, rules and regulations, and reference
standards. The use and maintenance of the building must be safe for the health of
Users, occupants, and the general public, and shall not cause any substantive negative
impact to the environment such as, but not limited to, air, water, and soil.

Sec. 37. Maintenance, Inspection, and Assessment of Buildings and Reporting
to the ONBO. — All buildings shall undergo regular maintenance and inspection in
accordance with each building's maintenance strategy. There shall be rules and

24


regulations to guide the preparation, approval, and implementation of appropriate
maintenance strategies for buildings and structures, promulgated by the National
Building Official. The Building Owner shall perform periodic maintenance and
inspection; the Local Building Officials and/or Accredited Inspectors shall conduct
inspection as appropriate according to rules and regulations. The Office of the
National Building Official shall establish a ‘system for monitoring, reporting, and
evaluating maintenance and inspection activities.

The Office of the National Building Official shall assist Building Owners of
structures falling within the classification Deemed-to-Satisfy or Class P1 Structures
and Regular or Class P2 Structures in conducting a simplified or regular inspection of
their buildings.

For buildings and structures with occupancies falling under Group A, Group D,
Group E, or Group Z, there shall be periodic inspections by Local Building Officials
and/or Accredited Inspectors subject to specific rules and regulations promulgated by
the National Building Official.

The Office of the National Building Official shall coordinate with relevant
government agencies that regulate business operations in buildings and structures:
structural stability clearance from the Office of the Local Building Official shall be a
Prerequisite for the issuance or renewal of business permits or permits to operate, for
new occupancy or occupancy after 15 years from the date of completion of the building
or structure.

Mandatory inspection and assessment by an Accredited Certifier as to
structural stability and fire safety construction shall be commissioned by the Building
Owner at the 15th year from date of completion of the building and every 15 years
thereafter in the case of Special or Class P3 Structures. In cases of addition, alteration,
conversion, rehabilitation, relocation, repair, and/or retrofit requiring more recent
structural stability assessment and corresponding certification and clearance, the date
Of reckoning of 15 years for purposes of this Section shall be counted from the
completion date of the latest building permit that involved the most recent structural
stability clearance under this Act. The National Building Official shall promulgate rules

25


and regulations and reference standards for mandatory inspection and assessment of
buildings as to structural stability and fire safety construction, specific to the various
building classifications; provided, that Accredited Certifiers need not be engaged for
Deemed-to-Satisfy or Class P1 Structures and Regular or Class P2 Structures.

The National Building Official shall promulgate specific rules and regulations for
mandatory inspection and assessment of all buildings as to structural stability and fire
safety construction after regional catastrophic events such as, but not limited to, widely
destructive earthquakes and typhoons. The determination of an event that is
catastrophic as to warrant mandatory assessment of all buildings in a geographic area
shall be made by the National Building Official in consultation and coordination with
other government agencies.

The Office of the National Building Official through the Offices of Local Building
Official shall maintain a computerized national database of permits and other periodic
data about all buildings and structures, including but not limited to reports on
maintenance, inspection, and/or assessment.

Sec. 38. Special Provision for Buildings Completed More than 15 Years Prior
to the Effectivity of this Act. -To ensure the safety of the people and to reduce risks,
Special or Class P3 Structures and buildings and structures with occupancies falling
under Group A and Group E, that were completed in 2004 or earlier, are mandated to
have an assessment of the design based on the requirements in Chapter IV of this Act
as specified in rules and regulations, as to structural stability and fire safety
Construction, and the Building Owners are to submit the certifications or findings of
appropriate Building Professionals, serving as Accredited Certifiers, to the concemed
Local Building Officials regarding the state of such buildings and structures and their
safety and/or need for retrofit.

Within three (3) months from the effectivity of this Act, the Department through
the Office of the National Building Official, in consultation with relevant agencies and
stakeholders, shall implement a phased approach to prioritize compliance of Building
Owners in hazard zones, such as but not limited to those near earthquake fault lines
or in coastal zones affected by sea level rise, or in hazard zones or areas otherwise

26


identified in hazard maps, or those used for assemblies in large numbers and/or by
vulnerable users or occupants.

The National Building Official, in coordination with other concerned agencies,
shall develop and administer incentive schemes, such as those allowed by the disaster
risk reduction and management funds, to support immediate voluntary retrofit by the
Building Owners requiring modifications for the safety of the users or occupants and/or
the general public.

Sec. 39. Abatement of Dangerous and Ruinous Buildings. - When any building
or structure is found or declared to be dangerous or ruinous, the Local Building Official
shall order its repair, vacation, or demolition depending upon the degree of danger to
life, health, property, and public welfare. This is without prejudice to further action that
may be taken under the provisions of Articles 482 and 694 to 707 of the Civil Code of
the Philippines and other existing laws.

For purposes of this Section, dangerous or ruinous buildings are buildings or
structures determined by the Local Building Official to be structurally unstable; or not
Provided with safe egress; or which constitute a fire hazard; or are otherwise
dangerous to human life; or which in relation to existing use, constitute a hazard to life
safety, health, or public welfare because of inadequate maintenance, dilapidation,
obsolescence, or abandonment; or which otherwise contribute to the pollution of the
site or the community to an intolerable degree.

Abatement and/or rehabilitation of buildings and structures covered under
Republic Act No. 10066, or the National Cultural Heritage Act of 2009, shall be
Coordinated with the National Commission for Culture and the Arts (NCCA) prior to
any action of abatement.

CHAPTER VIII
ADMINISTRATION

7


Sec. 40. National Building Official (NBO): Powers, Obligations, and Functions.
— The Secretary of the Department shall have the duty to ensure that all laws relating
to building design and construction are faithfully executed and is primarily charged
with the administration and enforcement of the provisions of this Act, rules and
regulations, and reference standards.

The Secretary shall ensure harmonization of rules and regulations and
reference standards between government-funded and non-government funded
buildings and structures, consistent with the objectives of this Act.

As the National Building Official, the Secretary shall have the following general
Powers, obligations, and functions:

a. Issue and promulgate rules and regulations to implement the provisions of
this Act, upon recommendation of the Building Regulations and Standards
Council, and ensure compliance with policies, plans, standards, and
guidelines formulated. The Building Regulations and Standards Council
shall be formed in accordance with the provisions of this Act;

b. Approve and/or take final action on changes and/or amendments to
reference standards based on recommendations of the Building
Regulations and Standards Council. For this purpose, existing referral
codes shall hereinafter be renamed and referred to accordingly as
“reference standards;”

©. Appoint Local Building Officials, in manner as provided for by this Act, and
exercise supervision and control over them as the National Building Official;

d. Designate Local Building Officials, in manner as provided for by this Act,

and exercise supervision and control over them as the National Building
Official;

28


. Create the Office of the Local Building Official in case of clustered
Municipalities, as set forth in this Act, and exercise administrative as well as
technical supervision and control;

Appoint the Regional Building Appeals Boards, as provided for by this Act,
and exercise administrative supervision over them;

. Prescribe and fix the schedule of fees, appeal bonds, and other charges
that the National Building Official and Local Building Officials shall collect in
the exercise of their regulatory functions;

|. Inspect at reasonable times any building or structure, covered by this Act,
rules and regulations, and reference standards; provided, that in case of a
single-family dwelling, an inspection must be upon the consent of the
‘occupant or upon lawful order from the proper court;

Issue appropriate orders, including cease and desist order and demolition
order, against any person or entity to prevent injury to the public and compel
compliance with the provisions of this Act, rules and regulations, and
reference standards;

Impose fines, penalties, and other administrative sanctions for failure or
refusal to comply with, or violation of any provision of this Act, rules and
regulations, and reference standards, or any order, instruction, or ruling:

- Enlist the aid and support of, and/or deputize any and all enforcement
agencies of the government in the implementation of his powers and
functions under this Act, rules and regulations, and reference standards;
and

Exercise such other powers and perform such functions as may be needed
to carry out the objectives of this Act, rules and regulations, and reference

standards.

29


Sec. 41. Building Regulations and Standards Council (BRSC). — A Building
Regulations and Standards Council is hereby created to assist the National Building
Official in reviewing and recommending rules and regulations and reference standards
to accomplish the objectives of this Act.

a. Members. The Building Regulations and Standards Council shall be
composed of the following:

1. Undersecretary for Technical Services of the Department as Chair;

XN

. Full-time Commissioner of the Housing and Land Use Regulatory
Board (HLURB) as Vice-Chair;

3. Commissioner of the Professional Regulation Commission (PRC) in
charge of supervision of regulatory boards of buil

ing professionals;

4. Chief of the Bureau of Fire Protection (BFP);

5. Undersecretary of the Department of Trade and Industry (DTI) in
charge of supervision of product standards and/or contractor

accreditations;

6. Undersecretary of the Department of Science and Technology
(DOST) for disaster risk reduction and climate change;

at

'. President of a national association of local building officials;

8. President of a national association of building developers, national
association of building owners, national association of building
managers, or national association of building administrators;

©

.. President of a PRC-accredited national professional organization of
building professionals;

30


10. President of a national association of building contractors;

11.High-ranking regular faculty member from a recognized higher
education institution involved in the training of building professionals;

and

12. Two (2) representatives-at-large coming from any concerned sectors
whose participation is deemed by the National Building Official as
timely and complementary to those of other members enumerated.

Each from a list of nominees submitted by their respective sectors, all
representatives from the private, academic, or non-government sectors, enumerated
above from (7) to (11), shall be appointed by the National Building Official for a term
of three (3) years; provided, that each said member, during his/her term in the Council,
shall remain a certified member-in-good-standing of the association, organization, or
institution that has been originally represented. In case of substitution or replacement
of a member representing a specific sector, the new member shall serve for the
remainder of the three-year term.

For these sectors enumerated above from (7) to (11), a different association,
organization, or institution other than the one currently represented shall be given
preference by the National Building Official in the next full three-year term
appointment, in order to practice a rotation of representation from among the various
associations, organizations, or institutions in each sector.

Representatives-at-large, enumerated above as (12), shall serve ex-officio if
officials and representatives of government agencies, or shall serve for a term of three
(3) years without immediate reappointment within one (1) year if coming from the
private, academic, or non-government sectors.

In the absence or temporary incapacity of the Undersecretary for Technical
Services of the Department, the Full-time Commissioner of the HLURB shall act as

the Chair of the Council.

31


In the absence or temporary incapacity of the Undersecretary for Technical
Services of the Department and the Full-time Commissioner of the HLURB, the
Officer-in-Charge (OIC) Undersecretary for Technical Services of the Department
shall act as the Chair of the Council.

A simple majority of the members of the Council shall constitute a quorum. The
Presence of either the Chair or Vice-Chair of the BRSC is indispensable in counting
the quorum.

a, Duties and Responsibilities. The Building Regulations and Standards
Council shall have the following duties and responsibilities:

1. Review existing rules and regulations and existing referral codes,
renamed as reference standards under this Act, and/or formulate
New ones in line with the provisions of this Act and rules and
regulations;

2. Formulate and recommend policies and strategies, for design and
construction, with reference to global standards, and taking into
account local conditions;

3. Formulate a system of accreditation of qualified Building
Professionals as Accredited Certifiers, Accredited Structural Peer
Reviewers, and/or Accredited Inspectors, and qualified
establishments or institutions as Accredited Testing Laboratories;

4. Collect relevant information, conduct research, and support
studies on all matters relating to design and construction, such
as, but not limited to, the performance and results achieved of the
standards in mainstreaming disaster risk reduction and
management in building planning, design, construction,
occupancy, and maintenance;

32


5. Submit recommendations, including rules and regulations and
reference standards, to the National Building Official for approval;

6. Submit an annual report to the National Building Official; and

7. Perform such other functions that the National Building Official
may authorize or assign as may be necessary in carrying out the
objectives of this Act.

b. Technical Working Groups (TWGs). To support the BRSC in the
Performance of its duties and responsibilities, the National Building Official
shall constitute Technical Working Groups (TWGs) composed of relevant
stakeholders.

©. Secretariat. The BRSC shall have its Secretariat personnel separate from
the Office of the National Building Official, to assist in the operation of the
Council and TWGs.

d. Procedures. The National Building Official, in consultation with relevant
stakeholders, shall prescribe, based on rules and regulations, the
Procedures of the Building Regulations and Standards Council, ensuring the
Periodic review of reference standards every five (5) years and the
Participation of the relevant stakeholders including, but not limited to,
building officials, building developers, building owners, building managers
or administrators, building professionals and professional organizations,
building contractors, and higher education institutions, in setting
Performance standards for design and construction,

©. The BRSC budget shall be included in the annual budget of the Department.

‘Sec. 42. Office of the National Building Official (ONBO). — The Office of the
National Building Official, within the Department, is hereby created to provide sufficient

33


technical, legal, administrative, and Support personnel to the National Building Official
in the exercise of his powers and the performance of his duties.

This Office, headed by a Director, who shall be a registered and licensed
Professional, be member of good standing of the duly accredited national organization
of the profession, and have at least five (5) years of diversified and professional
experience in building design, construction, and regulation, shall be placed under the
Supervision of the Undersecretary for Technical Services. It shall comprise highly
Qualified personnel eligible to act as building professionals, scientists, or technicians.
who possess diversified and professional experience in the field of building design and
construction, and lawyers.

The Office of the National Building Official shall provide assistance to the
National Building Official in the institutional strengthening of Offices of Local Building
Official, capacity building of Local Building Officials, data management, monitoring and
evaluation, and establishing and maintaining linkages with concemed institutions, A
mandatory continuing education and training program shall be pursued for the Local
Building Officials and their staff, as well as the staff of the Office of the National
Building Official.

The Office of the National Building Official shall coordinate the Regional
Building Appeals Boards.

The Office of the National Building Official shall formulate plans, programs, and
Projects on building planning, design, construction, occupancy, and maintenance
Pursuant to this Act in consideration of global best practices and the exposure of the
country to multiple hazards. It shall plan and implement a computerized national
database of buildings and structures, for purposes of Section 37 and other provisions
Of this Act and rules and regulations. It shall also be in-charge of the implementation
ofa system of accreditation of qualified Building Professionals as Accredited Certfiers,
Accredited Structural Peer Reviewers, and/or Accredited Inspectors, and qualified
establishments or institutions as Accredited Testing Laboratories.

34


Sec. 43. Regional Building Appeals Boards (RBABs). ~ A Regional Building
Appeals Board with appropriate personnel is hereby created in Regional Offices of the
Department and placed under the administrative supervision of the National Building
Official; provided, that an RBAB may be created by the National Building Official to
Serve a group of adjacent regions. The RBAB shall be chaired by a member of the
Philippine Bar, and assisted by two technical personnel of the Department sitting as
the other members of the Board and by support staff, all of whom are appointed by
the National Building Official. It shall have exclusive appellate jurisdiction to review
decisions of the Local Building Officials, or resolve appeals and/or complaints after the
same shall have been acted upon, or not given due course, by the respective Local
Building Officials within their region. In case of appeal for reconsideration by an
aggrieved party on the same matter, the decision of the RBAB shall be subject to
review by the National Building Official pursuant to Section 60 of this Act.

Sec. 44. Offices of the Local Building Official (OLBOs) and Local Building
Officials (LBOs). — Cities and first-class municipalities shall create and operate a
separate Office of the Local Building Official headed by a Local Building Official who
shall be appointed by and accountable to the National Building Official. The Local
Building Official shall be appointed by the National Building Official from a list of at
least three (3) qualified recommendees of the mayor, subject to civil service law and
Tules and regulations. The Local Building Official shall be responsible for carrying out
the provisions of this Act, rules and regulations, and reference standards within the
territorial jurisdictions. Notwithstanding the foregoing, the National Building Official
shall have complete supervision and control over the Local Building Official.

Depending upon their needs and in order to improve their frontline services,
second to sixth-class municipalities may create and operate a separate Office of the
Local Building Official upon request to and approval by the National Building Official.
These municipalities, if adjacent and accessible to each other, may also opt to request
the National Building Official to create and operate an Office of the Local Building
Official to serve the clustered municipalities, which office shall be under the National
Building Official. This cluster Office shall be located at a municipality within the cluster
as determined by the National Building Official. Each cluster of municipalities may
Fecommend to the National Building Official the appointment of one Local Building

35


Official for such cluster from a list of at least three (3) qualified recommendees of the
mayors of the cluster, subject to civil service law and rules and regulations.

Absent a request to and/or approval by the National Building Official for either
a separate or a cluster Office of the Local Building Official, the municipal engineers of
the second to sixth-class municipalities shall be designated by the National Building
Official to act, in concurrent capacity, as the Local Building Officials in their respective
territorial jurisdictions. For Purposes of this Chapter and this Section, the Office of the
Municipal Engineer in such second to sixth-class municipalities shall be referred to
also as Office of the Local Building Official.

The concerned local government unit shall provide the funding for and operate
the separate Office of the Local Building Official; the Office of the National Building
Official shall fund and operate cluster Offices of the Local Building Official. The sharing
and use of fees and fines among the offices shall be in conformity with Section 46 of
this Act.

Sec. 45. Special Jurisdictions. — There shall be Local Building Officials for
Special jurisdictions such as the Armed Forces of the Philippines (AFP), the Philippine
Economic Zone Authority (PEZA), the Department of Agriculture (DA), and other
government agencies, as explicitly provided for by the applicable laws, who shall
regulate the design and construction of buildings or structures under their jurisdiction
and/or their registered locators and enterprises. These Local Building Officials in
Special jurisdictions shall likewise be designated by and accountable to the National
Building Official.

Said Local Building Officials shall be designated by the National Building Official
from a list of at least three (3) qualified recommendees of the head of their agency,
Subject to civil service law and rules and regulations.

46. Sharing and Use of Fees and Fines. — Out of the total collection derived
from fees, permit fees, fines, and other charges, the Office of the Local Building Official
Shall retain 15% thereof and deposit in a special account created by the Local
‘Treasurer, to answer for its maintenance and other operating expenses. The Office of

36


the Local Building Official shall cause to remit five percent (5%) to the National Building
Official. The remaining 80% shall accrue to the general fund of the local government
unit or the agency with special jurisdiction, which created and operated the Office.

However, in the case of the cluster Office of the Local Building Official, it shall
retain 15% thereof and deposit in a special account created by the Local Treasurer, to
answer for its maintenance and other operating expenses, cause to remit 65% to the
National Building Official, and cause to divide the remaining 20% between or among
the clustered municipalities in proportion to the total fees and fines originating from
each municipality, and to accrue to their respective general funds.

The share of income to be remitted to the National Building Official shall be
used to cover honoraria for the BRSC Secretariat, BRSC TWGs, RBABs, and other
operating expenses of the BRSC, ONBO, RBABs, and cluster OLBOs.

‘Any provision of law to the contrary notwithstanding, the National Building
Official is hereby authorized to prescribe the procedures for the use of the 15%
retained for the Office of the Local Building Official. Such income may be used to cover
Necessary operating expenses including the purchase of equipment, supplies, and
materials; expenses for travel; continuing education and training programs: engaging
Accredited Inspectors and Accredited Structural Peer Reviewers; obligation expenses

including attorney's fees and other legal expenses, including sheriff's fees as well as.
hazard pay for employees and/or authorized representatives of the Office of the Local
Building Official when the cause is in line with the performance of duties; and payment
of other prior years’ obligations not adequately funded, subject to existing budgetary
and auditing rules and regulations.

Sec. 47. Qualifications of Local Building Officials. - No person shall be
appointed as a Local Building Official unless the person possesses the following
qualifications:

a. A Filipino citizen and of good moral character;

b. Aduly registered and licensed architect or civil engineer;

37


¢. Amember of good standing of the duly accredited professional organization
of architects or of civil engineers for not less than five (5) years; and

d. Has at least five (5) years of diversified and professional experience in
building design and construction.

Municipal engineers appointed by their mayors and who shall concurrently be
designated by the National Building Official as Local Building Officials, shall comply
with the qualifications prescribed for their positions as municipal engineers in the Local
Government Code.

The Local Building Official for a special jurisdiction shall comply with the
Qualifications prescribed for the position by the specific law that is applicable to said
special jurisdiction.

Sec. 48. Powers, Obligations, and Functions of Local Building Officials. — In
addition to the other powers, obligations, and functions mentioned in this Act, the Local
Building Official shall have the following general powers, obligations, and functions:

@. Approve applications for, and issue, reject, suspend, or revoke permits
within their territorial or special jurisdictions; for this purpose, the Local
Building Offical shall base the decision upon the completeness and integrity
of the application documents supported by the appropriate certifications of
Building Professionals and clearances from relevant government agencies,
in accordance with this Act, rules and regulations, and reference standards;

b. Hear and decide cases filed by parties on complaints related to the
Permitting process;

¢. Enter any building, structure, or its premises at reasonable times to inspect
and determine compliance with the requirements of this Act, rules and
regulations, and reference standards, as well as the terms and conditions
Of the permit/s issued; provided, that in case of single-family dwelling, an

38


inspection by the Local Building Official and/or Accredited Inspector must
be upon the consent of the occupant or upon lawful order from the proper
court;

d. Engage qualified and nationally-accredited Building Professionals as
inspectors and/or structural peer reviewers;

e. Order the work stopped and prescribe the terms and/or conditions for the
Work to be allowed to resume, or issue any appropriate order, including
cease and desist order and demolition order, when any construction is found
to be contrary to the provisions of this Act, rules and regulations, reference
standards, and the terms and conditions of the permit/s issued;

f. Order the discontinuance of the use or occupancy of any building or
structure, or a portion thereof, found to be used or occupied contrary to the
Provisions of this Act, rules and regulations, and reference standards, and/or
the terms and conditions of the permit/s issued;

g. Keep a permanent record and accurate account of all fees, fines, and other
charges fixed and authorized by the National Building Official to be collected
and received under this Act;

h. Validate and submit data on a computerized national database of buildings
and structures, for purposes of Section 37 and other provisions of this Act
and rules and regulations;

i, Submit an annual situational report to the National Building Official; and

j. Exercise such powers and Perform such other functions needed to assist
the National Building Official in carrying out the objectives of this Act, rules
and regulations, and reference standards.

Sec. 49. Responsibilities of Building Owners. — To Promote accountability,
Building Owners and Building Owner-Builders shall be responsible for their

39


compliance with the provisions of this Act, rules and regulations, and reference
standards. These responsibilities shalll include but not be limited to:

a. Providing and/or submitting true and correct information and documents in
support of their application for permits and their Prerequisite certifications
and clearances;

b. Adhering to the plans and specifications;

¢. Complying with the terms and conditions of the permit issued, and other
Prerequisite certifications and clearances;

d. Maintaining the building consistent with its maintenance strategy and
conducting periodic inspection in accordance with this Act, rules and
regulations, and reference standards;

e. Engaging the services of Building Professionals and/or Building Contractors
for any proposed construction, as may be required by this Act, rules and
regulations, except for Deemed-to-Satisfy or Class P1 Structures; and

f. Engaging the services of Building Professionals or Accredited Certifiers for
the assessment of structural Stability and fire safety construction of the
building, as may be required by this Act, rules and regulations, except for
Deemed-to-Satisfy or Class P1 Structures and Regular or Class P2
Structures.

Offer to transfer ownership, or actual transfer of ownership, involving owners of
Subdivision projects shall be made pursuant to Presidential Decree No. 957, or the
Subdivision and Condominium Buyers’ Protective Decree.

Offer to transfer ownership, or actual partial or full transfer of ownership,
involving owners of condominium projects shall be made pursuant to Presidential
Decree No. 957, or the Subdivision and Condominium Buyers’ Protective Decree, and
to Republic Act No. 4726, or the Condominium Act, as amended.

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Sec. 50. Responsibilities of Building Professionals. — To promote
accountability, the various Building Professionals, all of whom are registered and
licensed by their respective professional boards under the Professional Regulation
Commission (PRC), shall be responsible for the accuracy of their work and their
corresponding certifications.

a. Design professionals shall be responsible for the correctness and
Consistency of their design and the preparation of duly signed and sealed
drawings, technical specifications, calculations, designs, and analyses.
They are not precluded from conducting inspection of the construction work
or building or structure to check and determine adherence to the plans and
‘specifications of the work as submitted with the permit application; 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.

b. Professionals in charge of construction shall be responsible for the
correctness of construction, including correctness of materials used,
Procedures followed, and temporary works carried out in compliance with
Construction methodologies and standards; for compliance with safety
requirements; and for proper construction supervision at the site works.
They shall undertake the full time inspection and supervision of the work,
and keep at the work site at all times a logbook wherein the actual progress
of work including tests conducted, weather conditions, and other pertinent
data are recorded. They shall be responsible for the consistency and
integrity of the documents such as logbook and as-built plans. They shall
also be responsible for the submission of the said documents, all duly
signed and sealed, upon completion or stoppage of construction, to the
Local Building Official.

Sec. 51. Responsibilities of Building Contractors. ~ To promote accountability,
Building Contractors shall adhere to the duly signed and sealed drawings, technical
Specifications, and construction procedure, as prepared and certified by the Building
Professionals and relied upon by the Local Building Officials in the issuance of the

a


Permit. They shall also adhere to the additional details, issued during construction,
‘conforming to the submitted documents. Building Contractors shall ensure the safety
and health of construction workers, in addition to protection afforded to them by labor
'aws. As principals, they shall be solidarily responsible for the acts and omissions of
their representatives, agents, subcontractors, and/or employees in relation to
construction. They shall engage Building Professionals in-charge of construction,

CHAPTER IX
PERMITS AND INSPECTIONS.

Sec. 52. Types of Permit. — The Building Owner of any proposed construction
or existing building or structure must secure the appropriate permit from the Local
Building Official, prior to the start of such work or occupancy:

@. Building Permit —a permit for the construction of building or structure or any
addition, alteration, conversion, rehabilitation, relocation, repair, or retrofit of
‘such;

». Ancillary Permit — a permit for the construction of ancillary structures as
defined in this Act;

c. Excavation Permit - a permit for construction involving the removal of soil
Or rock from a site to form an open face, hole, or cavity using tools,
machinery, or explosives;

d. Demolition Permit —a permit for demolition of a building, structure, or portion
thereof including that which will be removed in the course of an on-going
construction; and

©. Occupancy Permit — previously termed Certificate of Occupancy; a permit
for the full use or occupancy of a building or structure, or a partial permit for
se or occupancy of portion or portions thereof prior to the completion of the
entire building or structure, or a temporary permit for temporary use or
‘occupancy thereof prior to the completion of the entire work covered by the

42


Permit; provided, that such portion or portions shall be used or occupied
Safely and that the Local Building Official shall set a time period during which
the partial permit or temporary permit shall be valid in accordance with rules
and regulations.

The National Building Official may prescribe in the rules and regulations such
other permits as it may deem necessary in accordance with objectives of this Act.

No permit shall be required for minor constructions, repairs, or demolitions, as
Prescribed in the rules and regulations, insofar as these shall not violate any objective
or provision of this Act.

Sec. 53. Detailed Classification of Buildings for Permitting Purposes, - The
National Building Official shall prescribe the requirements for and procedure in
Securing the different types of permit, as may be appropriate, based on the
Classification of buildings in Section 10 of this Act. The procedures to be laid out by
the National Building Official shall include: (a) a simplified permitting process for
Deemed-to-Satisfy or Class P1 Structures; (b) a mandatory structural peer review of
the stability for Special or Class P3 Structures; and (c) a regular permitting process for
Regular or Class P2 Structures.

The organizational structure of each Office of the Local Building Official laid out
by the National Building Official, based on rules and regulations, shall take these three
(3) permitting processes in consideration.

To aid the simplified permitting process, the National Building Official shall
cause, through Simplified Reference Standards, the detailed documentation and
region-wide or nation-wide information and education campaign on the proper siting,
design, and construction of Deemed-to-Satisfy or Class P1 Structures including
Traditional Indigenous Family Dwellings.

Sec. 54. Application for Permit. - Any person desiring to apply for the
appropriate permit shall file a duly accomplished permit application form with the Local

43


Building Official of the local government unit, cluster thereof, or special jurisdiction
where the building or structure, proposed or existing, is located.

|n case of expired or revoked permit, the Building Owner may apply for a
renewal of permit in accordance with the prescribed rules and regulations.

The National Building Official may require the payment of corresponding fees
according to a schedule provided in the rules and regulations and shall prescribe such
other standard requirements to be submitted with the duly accomplished permit
application; provided, that no application fees shall be required for Deemed-to-Satisfy
or Class P1 Structures.

Together with duly accomplished permit application form/s, the applicant shall
submit: (a) documents relating to ownership of building site that support the authority
to order construction work for a building or structure and to hold legal right of
Possession or title to a building or structure; (b) relevant clearances from other
agencies; (c) documents relating to building use or occupancy, location, plans,
specifications, and maintenance strategy; and (d) estimated construction cost.
According to the permit being applied for and the classification of building or structure
involved, whether Deemed-to-Satisfy, Regular, or Special Structure, the National
Building Official, through rules and regulations, shall require specific parts of building
Plans, specifications and related documents to be submitted as evidence of
compliance with this Act, rules and regulations, and reference standards.

The National Building Official, through rules and regulations, shall require
Specific parts of building plans and specifications to be prepared, signed and sealed
by appropriate Building Professionals; provided, that various building professionals
may be appropriately authorized according to their respective professional regulation
laws to prepare, sign, and seal certain parts, sheets, or pages of building plans,
specifications, and related documents.

Sec. 55. Processing of the Permit Application. — Pursuant to Republic Act No.
9485, or the Anti-Red Tape Act as amended by Republic Act No. 11032, or Ease of
Doing Business and Efficient Government Service Delivery Act, within a reasonable

44


time from the filing of the duly-accomplished permit application, payment of fees as
applicable, and compliance with other standard requirements to be determined by the
National Building Official, the Local Building Official shall give due course to the
application and issue the permit applied for upon satisfaction of the completeness and
integrity of the application documents supported by the appropriate certifications of
Building Professionals and clearances from relevant government agencies, in
accordance with this Act, rules and regulations, and reference standards.

See. 56. Validity of Permit. - A Building Owner with issued permits has the
Continuing obligation to comply with the provisions of this Act, rules or regulations, and
reference standards throughout the lifespan of the building or structure.

When submitted plans and specifications of an issued permit are subsequently
found to be erroneous, the Local Building Official is authorized to oblige the applicant
to effect the necessary corrections in said plans and specifications and the
corresponding construction or to prevent or stop any or all building operations that are
in violation of this Act, rules and regulations, and reference standards.

A permit issued under the provisions of this Act shall expire and become null
and void if the building or work authorized therein is not commenced within a period
of one (1) year after the issuance of the permit. A partial or temporary Occupancy
Permit shall be valid for the time period set by the Local Building Official in accordance
with the prescribed rules and regulations. For phased or incremental construction
referred to in Section 32 of this Act, the Building Owner may apply for an extension of
the validity of the permit, or renewal of the permit as appropriate, in accordance with
the prescribed rules and regulations.

Sec. 57. Grounds for Non-issuance, Suspension, or Revocation of Permit.—The
Local Building Official may order or cause the non-issuance, suspension, or revocation

of permits on any or all of the following reasons or grounds:

a. Non-compliance with the provisions of this Act, rules and regulations, and
reference standards;

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b. Substantial errors found in the plans and specifications;

¢. Use of sub-standard building material or sub-standard workmanship and
refusal to rectify upon notice;

d. Without any work being done in the site for more than one hundred twenty
(120) days for excavations left open or building construction abandoned;
and

©. Fraudulent misrepresentation of data or information supplied in the
application permit.

Notice of non-issuance, suspension, or revocation of permit shall always be
made in writing, stating the reasons or grounds therefor. Said action by the Local
Building Official shall be proportionate to the reasons or grounds committed by the
applicant, in accordance with this Act and rules and regulations.

Sec. 58. Complaint. - Based on the grounds enumerated in Section 57 of this
Act, any person aggrieved by the proposed, ongoing, or existing construction, use, or
Occupancy may file before the Local Building Official of the local government unit,
cluster thereof, or special jurisdiction where the concerned construction is located for
the non-issuance, suspension, or revocation of the corresponding permit applied for
by, or granted to, the Building Owner. The aggrieved party shall be notified of the
action taken by the Local Building Official in case the permit is granted or furnished
with a copy of the decision, order, or notice of non-issuance, suspension, or revocation
of a permit of the Local Building Official.

Sec. 59. Appeal to the Regional Building Appeals Board. — Within fifteen (15)
days from the date of receipt of notice of the non-issuance, suspension, or revocation
Of the permit or of the action taken by the Local Building Official, the aggrieved party
may file an appeal with the Regional Building Appeals Board based on the following
grounds:

46


a. Arbitrariness of the Local Building Official in the performance of regulatory
functions; or

b. Lack of factual or legal basis.

The Regional Building Appeals Board shall render a decision within fifteen (15)
days from date of receipt of appeal. The Regional Building Appeals Board's decision
shall be in writing, stating specifically the reason/s or ground/s therefor. In case it finds
the appeal to be meritorious, the Regional Building Appeals Board shall direct the
Local Building Official to issue the appropriate permit or order.

The decision of the Regional Building Appeals Board shall become final and
executory fifteen (15) days after receipt of a copy thereof by the party adversely
affected unless, within that period, an appeal to the National Building Official has been
perfected.

Sec. 60. Appeal to the National Building Official. - Within fifteen (15) days from
the date of receipt of notice of the decision of the RBAB, the aggrieved party may file
an appeal to the National Building Official; an appeal shall be deemed perfected upon
filing of the notice of appeal and posting of the corresponding appeal bond.

The Office of the National Building Official shall render a decision within thirty
(30) days from perfection of the appeal. The Office of the National Building Official's
decision shall be in writing, stating specifically the reason/s or ground/s therefor. In
case the ONBO finds the appeal to be meritorious, the Office of the National Building
Official shall direct the Local Building Official to issue the appropriate permit or order.

Sec. 61. Inspection and Supervision of Work and Building or Structure. —
Subject to the primary responsibility of Building Owners, Building Professionals, and
Building Contractors to inspect and/or supervise construction and as set forth in this
Act, the Local Building Official may, upon motion of any aggrieved party or motu
proprio, visit and inspect at reasonable times the ongoing constructions or existing
buildings and structures to ensure compliance with the terms and conditions of the
permits and the provisions of this Act, rules and regulations, and reference standards.

47


The National Building Official shall promulgate specific rules and regulations for
inspection of Group R, Residential buildings and structures, to be carried out by the
Local Building Official and/or Accredited Inspector.

The Local Building Official shall conduct periodic inspections of existing
buildings and structures in accordance with Chapter VII of this Act, rules and
regulations, and reference standards.

CHAPTER X
INCENTIVES AND PENALTIES

Sec. 62. Incentives. — The National Building Official, in coordination with
relevant agencies, shall develop and administer incentive schemes, which can be
administrative, financial, or otherwise, to promote voluntary compliance of existing
buildings and structures with the provisions of this Act, rules and regulations, and
reference standards, as well as to encourage all owners of buildings and structures,
either existing or proposed, to promote the use of environmentally sound or
sustainable materials, methods, practices, and technologies.

The National Building Official, in coordination with other relevant agencies, may
also develop and promulgate incentive schemes for owners of both public and private
buildings to secure insurance coverage for the residual risk after complying with
mandatory requirements of applicable laws.

The National Building Official may recommend funding support for local
government units and communities that have endorsed disaster risk reduction and
management activities for buildings and structures, especially those falling within the

classification of Deemed-to-Satisfy or Class P1 Structures, in their jurisdictions.

Sec. 63. Prohibited Acts and Omissions. — The following are prohibited acts

and omissions:

a. By the Building Owner and/or representative:

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1. Misrepresentation or submission of false statements or
documents;

2. Use of unauthorized documents and/or certifications of Building
Professional/s;

3. Undertaking any construction without the required permit/s;
4. Noncompliance with or violation of the terms and conditions of the
permit, including prerequisite clearances by other government

agencies;

5. Not maintaining the building in accordance with the submitted
maintenance strategy;

6. Engaging non-licensed building professionals in the design,
review, construction, or certification of building;

7. Engaging non-licensed building contractors in the construction of
building; and

8. Analogous acts, omissions, and violations of this Act, rules and
regulations, and reference standards.

b. By the Building Professional:

1. Misrepresentation or false statements;

2. Certifying documents that s/he did not prepare, or certifying acts
that s/he did not perform;

3. Submission of incorrect or inconsistent drawings, technical
specifications, calculations, designs, and analyses;

49


Non-compliance with construction methodologies and standards
in case of a professional in charge of construction;

Violation of safety standards prescribed by law or regulations in
case of a professional in charge of construction;

Non-submission of duly signed and sealed documents, or
submission of inconsistent or deceitful documents, such as
logbook and as-built plans in case of a professional in charge of
construction; and

Analogous acts, omissions, and violations of this Act, rules and
regulations, and reference standards.

c. By the Building Contractor:

:

Deviation from the plans and specifications certified by Building
Professionals and submitted to the Local Building Official, in a
way that increases the risk to life, health, property, or public
welfare;

Violation of safety standards prescribed by law or regulations;

Not engaging a Building Professional in charge of construction;
and

Analogous acts, omissions, and violations of this Act, rules and
regulations, and reference standards.

d. by the Accredited Certifier:

1. Misrepresentation or false statements in order to be accredited by

the Office of the National Building Official;

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2. Certifying buildings and structures that do not meet the
requirements of this Act, rules and regulations, and reference
standards, and other applicable laws;

3. Refusing or failing to certify buildings and structures that meet the
requirements of this Act, rules and regulations, and reference

standards; and

4. Analogous acts, omissions, and violations of this Act, rules and
regulations, and reference standards.

e. By the Accredited Structural Peer Reviewer:

1. Misrepresentation or false statements in order to be accredited by
the Office of the National Building Official;

2. Providing false information to the Building Owner and/or Building
Professional regarding the review;

3. False certification on the compliance of structural design with this
Act, rules and regulations, and reference standards; and

4. Analogous acts, omissions, and violations of this Act, rules and
regulations, and reference standards.

f. By the Accredited Testing Laboratory:

4. Misrepresentation or false statements in order to be accredited by
the Office of the National Building Official;

2. Misrepresentation or false statements in the tests and/or test
results of building materials;

3. Tampering with the equipment and instruments;

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4. Conducting test methods non-conforming to reference standards;
and

5. Analogous acts, omissions, and violations of this Act, rules and
regulations, and reference standards.

g. by the Accredited Inspector:

1. Misrepresentation or false statements in order to be accredited by
the Office of the National Building Official;

2. Providing false information to the Local Building Official regarding
the inspection;

3. False certification on the inspection, in consideration of any offer,
promise, gift, or present received; and

4, Analogous acts, omissions, and violations of this Act, rules and
regulations, and reference standards.

h. by the Local Building Official:

1. Arbitrariness in the performance of powers, obligations, and
functions;

2. Unjustifiable delay or gross negligence in the performance of
powers, obligations, and functions;

3. Willful engagement of non-accredited inspector;

4, Willful non-compliance with the orders of the National Building
Official, Office of the National Building Official, and/or Regional
Building Appeals Board; and

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5. Analogous acts, omissions, and violations of this Act, rules and
regulations, and reference standards.

Sec. 64. Fines and Penalties. Any prohibited act or omission falling under
paragraphs (a) — (h) in Section 63 of this Act shall be subject to the administrative fines
and penalties to be imposed by the National Building Official, acting through the Local
Building Official. Such fines shall not be lower than 0.01% nor higher than 1.0% of the
construction cost, per violation, in accordance with the gravity of the offense and the
category of violator as provided in Section 63; provided, that the Local Building Official
may not issue, may suspend, or may revoke any permit issued to the violator, as may
be appropriate, and/or may order the suspension or cessation of any construction until
‘such time that compliance with this Act, rules and regulations, and reference standards
are undertaken; provided further, that in case the Building Owner is also the builder or
Building Owner-Builder, the liability is only considered as one and that of the Building
‘Owner; provided furthermore, that in case of Building Professionals and/or Building
Contractors found to commit any of the prohibited acts and omissions, the Local
Building Official shall also endorse such violation to the Professional Regulation
Commission (PRC) and the Construction Industry Authority of the Philippines (CIAP),
respectively, for corresponding administrative sanctions; and provided finally, that
should there be more than one violator for a single prohibited act or omission, their
liability shall be solidary.

These administrative sanctions imposed by the National Building Official,
through the Local Building Official, are without prejudice to the right of any affected
person to file the appropriate administrative, civil, or criminal action in the proper
forum,

For offenses falling under paragraph (h) in Section 63 of this Act, the National
Building Official, upon recommendation of the Regional Building Appeals Board and
after notice and hearing, may suspend or revoke the appointment or designation of
the Local Building Official as such, without prejudice to the administrative, civil, or
criminal liability of said official in accordance with existing laws.

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Sec. 65. Criminal Liabilities of Building Owners, Building Professionals, Building
Contractors, Accredited Certifiers, Accredited Structural Peer Reviewers, Accredited
Testing Laboratories, and Accredited Inspectors. In case of gross violation of this Act
and/or rules and regulations, the National Building Official and/or Local Building
Official may recommend to the appropriate government agencies the filing of criminal
charges against the violators. Gross violations shall mean any of the following:

a. Unauthorized change in type of construction from more fire-resistive to less
fire-resistive;

b. Non-compliance with order to abate or demolish;

cc. Non-compliance with cease and desist order for construction;

d. Not having any work being done in the site for more than one hundred
twenty (120) days and without justifiable cause, for excavations left open or
building construction abandoned; and

e. Blatant disregard of the orders of the Local Building Official in relation to the
protection of life, health, property, and public welfare, such as the non-
payment of fines and breaking of seals or operating despite the existence
of an order for suspension or revocation.

In this case, the offender shall be punished, per violation, by a fine not lower
than 0.01% nor higher than 1.0% of the construction cost, or by imprisonment of not
less than six (6) months nor more than six (6) years, or both, at the discretion of the
court, without prejudice to the civil liability of the offender in accordance with existing
laws. Where the violation is attended by injury, loss of life and/or loss of property, the
offender shall be proceeded against under the applicable provisions of the Revised
Penal Code and other special laws. If the offender is a juridical entity, the officers,
directors, agents, or employees who willfully and knowingly vote for, assent to, or be
primarily responsible for the commission of the foregoing violation/s shall be held
liable.

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Sec. 66. Criminal Liability of Local Building Officials and Staff. - Any Local
Building Official and/or staff who shall conspire to commit any of the enumerated gross.
Violations with any offender as provided in Section 65 of this Act shall be punished,
per violation, by a fine not lower than 0.01% nor higher than 1.0% of the construction
cost involved, or by imprisonment of not less than six (6) months nor more than six (6)
years, or both, at the discretion of the court, without prejudice to the civil liability of the
offender in accordance with existing laws.

CHAPTER XI
FINAL PROVISIONS

Sec. 67. Appropriations, - The amount needed for the initial implementation of
this Act shall be taken from the current fiscal budget of the Department; provided,
however, that such amount as may be necessary to carry out Section 38 of this Act is
hereby appropriated out of the unappropriated funds of the National Treasury in the
amount of Three Hundred Sixty Five Million Pesos (PHP 365,000,000). Thereafter,
Congress shall provide for the appropriations of the Department the annual amount
needed for the implementation of this Act to be included in the General Appropriations
Act.

Sec. 68. Transitory Provision. ~ There shall be a systematic transition of
implementation of building regulations and standards from Presidential Decree No.
1096 to this Act.

To initiate and facilitate the transition, the Secretary, as the National Building
Official, is mandated to immediately establish the Office of the National Building
Official within three (3) months of the effectivity of this Act.

City and Municipal Engineers already acting as Local Building Officials in their
respective jurisdictions, and Local Building Officials already appointed or designated
by the Secretary and performing as such, shall continue to act in such capacity, until
new appointments and designations shall be made for Local Building Officials.

55


Engagement of Accredited Certifiers, Accredited Inspectors, Accredited
Structural Peer Reviewers, and Accredited Testing Laboratories as provided for in this
Act, shall take effect following the implementation by the ONBO of the system of
accreditation, as formulated by the BRSC and promulgated by the NBO. The initial list
of accredited persons shall be published by the ONBO within one (1) year from the
promulgation of the system of accreditation.

Consistent with Section 40 and Section 41 of this Act, existing referral codes,
renamed as reference standards by this Act, shall remain valid until after the National
Building Official promulgates new, revised, or amended reference standards after the
review and recommendation of the BRSC.

Provided, that absent reference standards that are locally or nationally adopted
by the competent government agency for a particular subject, the latest standards by
the International Organization for Standardization (ISO) may be used as default
standards.

Sec. 69. Implementing Rules and Regulations. — The National Building Official,
upon the recommendation of the Building Regulations and Standards Council and in
consultation with relevant stakeholders, shall promulgate the Implementing Rules and
Regulations of this Act, including a system of accreditation of qualified Building
Professionals as Accredited Certifiers, Accredited Structural Peer Reviewers, and/or
Accredited Inspectors, and qualified establishments or institutions as Accredited
Testing Laboratories, within one (1) year from the effectivity of this Act. For this
purpose, the Secretary, as the National Building Official, is mandated to immediately
constitute the Building Regulations and Standards Council within three (3) months of
the effectivity of this Act.

The National Building Official shall ensure that all buildings owned by the
national government and all local government units, as well as departments, regulatory
agencies, instrumentalities, government owned and controlled corporations, and
implementing units of the same, shall implement an integrated, or whole-building,
approach to the siting, planning, design, materials, construction, use, occupancy,

maintenance, addition, alteration, conversion, rehabilitation, relocation, repair, retrofit,

56


and demolition, so they are sustainable, energy efficient, secure and safe, cost-
effective, accessible, functional, productive, and aesthetic.

The National Building Official shall ensure that this Act is implemented in
manners that are clear to all stakeholders, through measures that include but are not
limited to the following.

Every rule or regulation for the administration and enforcement of the provisions
of this Act, including any standard that may be referenced by such, shall clearly
indicate the section or sub-section of this Act to which it corresponds.

Subject to Section § of this Act, every approved local ordinance with the effect
of modifying a national rule, regulation, or standard, towards better safeguarding of
life, health, property, and public welfare, shall clearly indicate the national rule,
regulation, or standard which it improves.

All forms, tables, charts, illustrations, drawings, and other annexes included
with rules, regulations, standards, and ordinances shall be systematically, uniquely,
and clearly labeled, and duly referenced within the text of the associated rule,
regulation, standard, or ordinance.

Sec. 70. Non-Retroactivity Clause. - This Act shall have no retroactive effect
insofar as all buildings and structures constructed under Presidential Decree No. 1096,
‘or the National Building Code of the Philippines, as amended, or existing city or
municipal building ordinances, if legally done in accordance therewith, shall be
respected subject to such limitations in this Act and except as otherwise stated in
‘Section 38 of this Act.

However, additions, alterations, conversions, rehabilitations, relocations,
repairs, retrofits, and demolitions to be made in such buildings and structures shall be
subject to the provisions of this Act.

Sec. 71. Mandatory Review. — This Act shall undergo a mandatory review of its
provisions every five (5) years to make the law more responsive to the needs of the

37


times. The review shall be made by Congress, which shall conduct public hearings
and evaluate the accomplishments and impact of this Act as well as the performance
and organizational structure of its implementing offices, which shall be the basis of any
amendment or modification of this Act.

Sec. 72. Separability Clause. - If any portion of this Act is declared
unconstitutional or invalid, the other portions which are not affected thereby shall
continue in full force and effect.

Sec. 73. Repealing Clause. — Presidential Decree No. 1096, or the National
Building Code of the Philippines, as amended, is hereby repealed. Sec. 477 of
Republic Act No. 7160, also known as the Local Government Code, is modified
accordingly. Other existing laws, decrees, executive orders, and rules and regulations
or parts thereof that are inconsistent with this Act, are hereby repealed.

Sec. 74. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,