Republic of the Philippine
HOUSE OF REPRESENTATIVES
Quezon City

18™ CONGRESS
First Regular Session

HOUSE BILL No. 4008

Introduced by Representatives Michael L. Romero and
Enrico A. Pineda

EXPLANATORY NOTE

The country is now confronted with multiple hazards such as tropical storms,
floods, landslides, fires, and earthquake, and the adverse effects of climate
change. Our building regulations need to be updated to better safeguard fire,
health, property, and public welfare. Resilient and functionally sound buildings
from the simplest to the specialized buildings must be in place, including farm
buildings to ensure food security and secure farm produce during such
calamities or hazards.

Presidential Decree No. 1096 or the National Building Code was enacted in 1977
that provides guidelines and regulations on building design, construction, use,
occupancy and maintenance. After forty-two (42) years, this building code need
to be updated, revised and conform with the present challenges

The building permit processes have to be streamlined, distinguishing simple
buildings from special buildings with commensurate requirements, thus
enhancing ease of doing business while promoting safety and security.

There are various agencies implementing different laws and standards insofar as
building regulations that need_to coordinate and harmonize each other.

Hence, { age of this bill is earnestly requester ¢

MICHAE] El 0 A. PINEDA
Pd


Republic of the Philippine
HOUSE OF REPRESENTATIVES
Quezon City

18™ CONGRESS
First Regular Session

HOUSE BILL No. _ 4908

Introduced by Representatives Michael L. Romero and
Enrico A. Pineda

AN ACT
REGULATING THE PLANNING, DESIGN, CONSTRUCTION,
OCCUPANCY, AND MAINTENANCE OF PUBLIC AND PRIVATE
BUILDINGS, ENACTING A NEW BUILDING ACT, THEREBY
REPEALING PRESIDENTIAL DECREE NO.1096, AND FOR
OTHER PURPOSES

CHAPTER I
GENERAL PROVISIONS

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

SECTION 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.

SECTION 3. Objectives. 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,

SECTION 4. Scope and Application. This Act shall cover all public and
private buildings and structures, and their location, siting, planning, design,
materials, construction, use, occupancy, maintenance, addition, alteration,

conversion, rehabilitation, relocation, repair, retrofit, and demolition.

SECTION 5. Interpretation. Nothing in this Act shall be interpreted to
prevent local government units, pursuant to local autonomy, from enacting local
ordinances relating to building or structure 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.

SECTION 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 VII 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;

(a) "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;

(e) "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;


(2)

(h)

(i)

J)

(k)

)

(m)

"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;

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


(n) “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;

(0) "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 subgroup that has different requirements;

(p) "Demolition" refers to the systematic dismantling, destruction, or
removal of a building or structure, in whole or in part;

(q) "Department" means the Department of Public Works and Highways
(DPWH);

(r) "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;

(s)_ "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;

(t) "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;

(U) "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;

(v) "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 V and 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 or
existing technical standards prescribed by law 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 standards;”

(2) "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;

(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 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 hazard; 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

(ji) "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 with 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 used in this Act.

CHAPTER II
CLASSIFICATION OF BUILDINGS
SECTION 7. Classification System. A system of classification of buildings
and structures in the Philippines as to: (a) type of construction according to fire
resistivity; (b) use or occupancy; and (c) required permitting process, is hereby
adopted.

SECTION 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 ratings 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.

SECTION 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;

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 and 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 biosystems 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 iumber treatment structure, and
structures for farm equipment, farm supplies, and agricultural
waste utilization and management;

Group I, 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 (ID), or
government buildings and quarters rendering civic or public
assistance and peace and order (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 (IH);

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 sub-groups of socialized (RS) and
economic (RE) housing covered by Batas Pambansa Big. 220;

Group 5, 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, subgroups 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 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.

SECTION 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

(b)

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 Pl Structures shall comply with
Simplified Reference Standards as prescribed by the National
Building Official under a simplified permitting process.

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 I, 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 (subclass (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.

(c) "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.

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

SECTION 12. Requirements for Each Type of Construction According
to Fire Resistivity. The National Building Official shall prescribe standards for
each type of construction according to fire resistivity as allowed 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

élements.

SECTION 13. Changes in Use or Occupancy and/or Type of
Construction According to Fire Resistivity. No change shall be made in the
use or occupancy and/or type of construction according to fire resistivity 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 III
LOCATION, SITING, AND ZONING REQUIREMENTS

SECTION 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.

SECTION 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 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.

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

SECTION 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
Comprehensive Land Use Plan (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.


SECTION. 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
shalt 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

SECTION 19. General Requirements for Design. The design of all
buildings and structures shall comply with the requirements prescribed by this
Act, rules and regulations, and reference standards; provided, that there shall
be different 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 Baths Pambansa Big. 220.
Provided further, that Group G, Agricultural and Biological occupancies shall
consider biosystems design requirements for the protection of humans, animals,
crops, and the environment and ensure optimum production, workers’ safety
and biosecurity of plants and animals.

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

eonditions.

SECTION 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.

SECTION 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.

SECTION 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.

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

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

SECTION 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.

SECTION 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.


SECTION 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 well-being 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 control; 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 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
SECTION 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 shalt promote quality of construction as one of the essential links to the
reduction of the vulnerability of the building or structure to hazards.

SECTION 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 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 Baths Pambansa Blg. 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.


SECTION 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.

SECTION 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.

. SECTION 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 well-being of the users or occupants.

SECTION 33. Construction Waste Management. All buildings shall be
constructed with proper management of construction waste.

CHAPTER VI
BUILDING MATERIALS
SECTION 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.

SECTION 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 VII
OCCUPANCY, MAINTENANCE, AND ABATEMENT OF BUILDINGS

SECTION 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.

SECTION 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 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 Pl
Structures and Regular or Class P2 Structures in conducting a simplified
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 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.

SECTION 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 to
submit the certifications or findings of appropriate Building Professionals,
serving as Accredited Certifiers, to the concerned 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 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.


SECTION 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,
éonstitute a hazard to health, safety, 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

SECTION 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)

(b)

(°)

(a)

(e)

(

(h)

(1)

10)

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;

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;

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

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


(k)

1)

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.

SECTION 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)
(2)

(3)

(7)

(8)
(9)

(10)

Undersecretary for Technical Services of the Department as Chair;

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

Commissioner of the Professional Regulation Commission (PRC)
in charge of supervision of regulatory boards of building
professionals;

Chief of the Bureau of Fire Protection (BFP);

Director of the Bureau of Agricultural and Fisheries Engineering
of the Department of Agriculture;

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

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

President of a national association of local building officials;

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

National Presidents or Representatives of the PRC accredited
professional organizations of building professionals namely
architects, agricultural and biosystems engineers, civil engineers,


electrical engineers, electronics engineers, geodetic engineers,
interior designers, landscape architects, master plumbers,
mechanical engineers and sanitary engineers;

. (11) President of a national association of building contractors;

(12) High-ranking regular faculty member from a recognized higher
education institution involved in the training of building
professionals; and

(13) 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 (8) to (12), 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-officlo 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 Commissioner of the HLURB shall act as the
Chair of the Council.


In the absence or temporary incapacity of the Undersecretary for Technical

Services of the Department and the 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.

(b) Duties and Responsibilities. The Building Regulations and Standards
‘ Council shall have the following duties and responsibilities:

Q)

(2)

(3)

(4)

(5)

(6)
(7)

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;

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

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;

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;

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

Submit an annual report to the National Building Official; and

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.

(c) 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.

(d) 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.

(e) 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.

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

concerned 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 of 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.

SECTION 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.


‘SECTION 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 rules 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 duster of municipalities may recommend to the National Building Official
the appointment of one Local Building 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.

SECTION 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 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.

In the case of the Department of Agriculture, the Bureau of Agricultural and
Fisheries Engineering (BAFE) shall regulate the design and construction of
agricultural and biosystems buildings. The Director of BAFE shall be the
National Local Building Official for agricultural and biosystems buildings. The
Secretary of Agriculture upon the recommendation of BAFE shall assign and
designate DA agricultural and biosystems engineers or deputize LGU
agricultural and biosystems engineers as City and Municipal Local Building

Officials for agricultural and biosystems buildings.

SECTION 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 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 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.


SECTION 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) A duly registered and licensed architect or civil engineer;

(c) A member 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 law applicable to said special
jurisdiction.

SECTION 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:

(a) Approve applications for, and issue, reject, suspend, or revoke
permits within their territorial or special jurisdictions; for this
purpose, the Local Building Official 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


(a)

(e)

(h)

a

Q

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 a single family dwelling, an
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;

Engage qualified and _nationally-accredited Building
Professionals as inspectors and/or structural peer reviewers;

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;

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;

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;

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;

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

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.

SECTION 49. Responsibilities of Building Owners. To promote

accountability,

Building Owners and Building Owner-Builders shall be

responsible for their compliance with the provisions of this Act, rules and

regulations, and reference standards. These responsibilities shall 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;

(c) 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;

(ce) 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

() 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 Subdi
Protective Decree, and to Republic Act No. 4726, or the Condominium Act, as

ion and Condominium Buyers'

amended.

SECTION 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 a 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.

SECTION 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 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,
{n addition to protection afforded to them by labor laws. As principals, they shall
be solidarity 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

SECTION 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
ccupancy:
(a) Building Permit - a permit for the construction of building or

structure or any addition, alteration, conversion, rehabilitation,
relocation, repair, or retrofit of such;

(b) 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;

(4) 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

(ce) 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 use 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 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 shaft 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.

SECTION 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 found 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.

SECTION 54. Application for Permit. Any person desiring to apply for
the appropriate permit shall file a duly accomplished permit application form
with the Local Building Official of the local government unit, cluster thereof, or
special jurisdiction where the building or structure, proposed or existing, is
located.

In 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.

SECTION 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 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.

SECTION 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.

SECTION 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;
(b) Substantial errors found in the plans and specifications;

(c) 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

(ec) 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.


SECTION 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.

SECTION 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:

(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.


SECTION 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
torrésponding 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
Officials 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.

SECTION 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 moth prop no, 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. 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


SECTION 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.

SECTION 63. Prohibited Acts and Omissions. The following are prohibited
acts and omissions:

(a) by the Building Owner and/or representative:

(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;


0)

(o)

(a)

(6)

(7)

(8)

engaging non-licensed building professionals in the design,
review, construction, or certification bf building;

engaging non-licensed building contractors in the construction
of building; and

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

by the Building Professional:

(1)
(2)

(3)

(4)

(5)

(6)

(7)

misrepresentation or false statements;

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

submission of incorrect or inconsistent drawings, technical
specifications, calculations, designs, and analyses;

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.

by the Building Contractor:

(1)

(2)
(3)

(4)

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.

by the Accredited Certifier:

()

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


(g)

(2)

(3)

(4)

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

refusing or failing to certify buildings and structures that meet
the requirements of this Act, rules and regulations, and
reference standards; and

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

by the Accredited Structural Peer Reviewer:

(Q)

(2)

(3)

(4)

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

providing false information to the Building Owner and/or
Building Professional regarding the review;

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

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

by the Accredited Testing Laboratory:

(1)
(2)

(3)
(4)

(5)

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

misrepresentation or false statements in the tests and/or test
results of building materials;

tampering with the equipment and instruments;

conducting test methods non-conforming to reference
standards; and

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

by the Accredited Inspector:

(1)

(2)

(3)

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

providing false information to the Local Building Official
regarding the inspection;

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

(5) analogous acts, omissions, and violations of this Act, rules and
regulations, and reference standards.

SECTION 64. Fines and Penalties. Any prohibited act or omission falling
winder 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 the 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.

SECTION 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;

(c) 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.


jn which 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.

’ SECTION 66. Criminal Liability of Local Building Officials and Staff.
Any Local Building Official and/or staff who shall conspire to commit any of the
énumerated 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

SECTION 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.


SECTION 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.

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.

SECTION 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
torporations, 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, 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 5 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 dearly 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.

SECTION 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.

SECTION 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 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.

SECTION 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.

SECTION 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.


SECTION 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,