Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. _7334

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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

EXPLANATORY NOTE

Climate change and the frequency of natural disasters that hit the
country make it necessary for us to update our building and construction
laws. Improvement in building regulation and standards should at least
help us respond to our vulnerabilities including earthquakes, typhoons
and volcanic eruptions due to the country being situated along the
Pacific Ring of Fire.

The 2018 World Risk Report published by the United Nations University
Institute of Environment and Human Security (UNU-EHS) affirmed the
vulnerability of the Philippines by ranking it 3rd most disaster-prone
country in the world with a Risk Index of 26.70 percent

Meanwhile, the 2018 Global Climate Risk Index ranked the Philippines
5th in the list of countries most affected by natural disasters. In terms of
the socioeconomic damage, a report cited that in 2007 to 2016, the
estimated damage amounts to US$19.16Billion

Building construction plays a critical role in mitigating the impact of


natural disasters. For example, New Zealand, though experiencing
about 100 to 150 earthquakes a year, is able to keep the average
number of fatalities down to three per year. They enforce mandatory
retrofitting for buildings not up to par with current codes on top of a strict
compliance policy for all new developments. On the other hand, 87% of
buildings in Tokyo, Japan are reported to be earthquake proof.

The bill proposes to institutionalize a system that will provide for periodic
review and flexible mechanisms in the updating of regulations and
standards and which will strengthen the participation of relevant
stakeholders, taking into account the importance of allowing for
continuing innovation in building design and construction. It likewise
seeks to provide the effective regulation of planning, design,
construction, occupancy, and maintenance of all public and private
buildings and structures.

The immediate passage of this bill is most earnestly sought.

4

LUIS IMUND “| Y” F. VILLAFUERTE JR.,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. _7334

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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

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

CHAPTER 1
GENERAL PROVISIONS

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

Sec. 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

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

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

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

4. Safeguard life and protect people from injury;

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

3. Protect property from physical damage; and

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

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

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

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

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

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

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

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

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

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

b. Accredited Inspector 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

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National Building Official to provide 10 independent verification that the structural
design of a proposed or new building or structure complies with this Act, rules and
regulations, and reference standards;

d. Accredited Testing Laboratory refers to an establishment or institution 15 accredited
by the Office of the National Building Official to perform tests to 16 determine if the
building materials and components used in the construction 17 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;

f. Alteration refers to any construction in an existing building or structure 24 involving
changes in the materials used, partitioning, location or size of 25 openings, structural
parts, existing utilities, and/or equipment but does not increase the building height nor
floor area;

g. Ancillary Structure refers to a structure intended to provide support to main 29
buildings or structures, which may include: bank and records vaults; 30 swimming
pools; firewalls separate from the building or structure; towers; 31 silos; smokestacks;
chimneys; commercial or industrial fixed ovens; industrial kins or furnaces; water or
waste treatment tanks; septic vaults; concrete and steel tanks; booths, kiosks, and
stages; tombs, mausoleums, and niches; and similar structures;

h. 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;

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

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j. 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;

k. 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;

m. Building Site the lot, which is described by technical descriptions delineating
boundaries of the property to be developed, over which the 4 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 sub-group that has

different requirements under this Act;

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);

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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
promuigates through rules and regulations in administering and enforcing this Act; for

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this purpose, consistent with Section 40, existing referral codes shall hereinafter be
renamed and referred to accordingly as "reference standards,"

z. Rehabilitation 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 7 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 20 or structure, or portion
thereof, into conformance with this Act, rules and regulations, and reference standards;

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

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

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

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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;

il. 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

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

Additional definitions shall be included in the implementing rules and regulations and
with the reference standards; Provided, that these shall be non28 redundant to, non-
contradictory with, and only supplementary to, the definitions as used in this Act.

CHAPTER II
CLASSIFICATION OF BUILDINGS

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

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

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

Group A. Assembly occupancies shall include all buildings and structures, or

portions thereof, used for gathering together of 50 or more persons for any purpose,
including but not limited to deliberation, worship, entertainment, eating, drinking,
amusement, awaiting transportation, and instruction;

Group B. Business occupancies are those used for the transaction of business other

than those covered under Group M, Mercantile, including the keeping of accounts and
records and similar purposes for office, professional, or service-type transactions;

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

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

Group F. Factory and Industrial occupancies are those used for operations including,
but not limited to, product processing, fabricating, manufacturing, assembling and

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disassembling, mixing, packaging, finishing or decorating, repairing, and material
recovery;

Group G. Agricultural and Biological occupancies are those used for the 10 production,
harvesting, processing, storage, manufacture, preserving, transporting, and distribution
of agricultural and biological products or materials including, but not limited to, silos and
its components, agricultural and biosystems machinery and equipment sheds, farm
houses, green/screen houses, poultry houses, piggery houses, slaughterhouses,
agricultural and biological products storage/warehouses, buildings and structures for
poultry, livestock, fishery and forestry production and processing, kiln drying and
lumber treatment structure, and structures for farm equipment, farm supplies, and
agricultural waste utilization and management;

Group |. Institutional occupancies are those used to house one or more persons under
varied degrees of restraint or security where such occupants are mostly incapable of
self-preservation because of security measures not under the occupants’ control (Sub-
group 1D), or government buildings and quarters rendering civic or public assistance
and peace and order (Sub-group IG), or those in which care or supervision is provided
to persons who are mostly incapable of self-preservation without physical assistance
because of age, or physical or mental disability (Sub-group !H);

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

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

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

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

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

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

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

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

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

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

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

c. Special Structures or Class P3 Structures are buildings or structures that are 2
distinguished by special physical attributes in terms of size, span, or form, 3 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

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span threshold as prescribed based on rules and regulations
by the National Building Official;

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

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

5.Facilities belonging to Group D, Disaster response;

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

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

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

8.

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 10 (8) in
this Section) or using very advanced structural calculation method in design (sub-class

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(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
andior accredit competent government agencies in charge of certification of innovative
construction technologies as provided for in Section 29.

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

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

Sec. 12. Requirements for Each Type of Construction According to Fire 3
Resistance Rating. — The National Building Official shall prescribe standards for each
type of construction according to fire resistivity and fire resistance rating 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 elements.

Sec. 13. Changes in Use or Occupancy and/or Type of Construction According to
Fire Resistance Rating. No change shall be made in the use or occupancy and/or

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type of construction according to fire resistivity and fire resistance rating of any
building or structure which would place the building or structure in a different
‘occupancy group or different type of construction, unless such building or structure is
made to comply with the requirements for the new occupancy group or type of
construction; provided, that the change may be approved by the Local Building Official
upon determination that the new use or occupancy and/or type of construction poses
Jess risk to life, health, property, and public welfare, according to rules and regulations
promulgated by the National Building Official.

CHAPTER II
LOCATION, SITING, AND ZONING REQUIREMENTS

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

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

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

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

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

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

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

CHAPTER IV
DESIGN REQUIREMENTS

Sec. 19. General Requirements for Design. — The design of all buildings and

structures shall comply with the requirements prescribed by this Act, rules and
regulations, and reference standards; provided, that there shall be specific levels of

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standards and technical requirements for socialized housing (residential occupancy
‘Sub-group RS) and economic housing (residential occupancy Sub-group RE)
structures as provided by Batas Pambansa Blg. 220.

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

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

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

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

Sec. 21. Protection from Fire. — All buildings and structures shall be designed 5 to
safeguard persons and properties from any harm or damage caused by fire in 6
accordance with Republic Act No. 9514, or the Fire Code of the Philippines, and its
Implementing Rules and Regulations.

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

under this Act.

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

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excessive moisture and surface water.

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

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

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

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

The National Building Official shall promulgate specific rules and regulations applicable
to buildings and structures exceeding a threshold total gross floor area, depending on

the classification of use or occupancy.

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

‘As required by the occupancy group, buildings and structures shall be designed to
provide services and facilities including but not limited to the following: light and
ventilation; water supply; drainage; wastewater disposal; solid waste management;
pest and vermin control; power and fuel supply; communication facilities; conveyance
and parking facilities; and fire lane and fire hydrants.

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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

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

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

Sec. 29. Innovative Construction Technologies. All innovative construction
technologies used in building construction shall comply with any special tests or
requirements as prescribed by the National Building Official pursuant to the policies

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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 Batas Pambansa Big. 220, shall be
subject for accreditation by the Accreditation of Indigenous Technologies for Housing
(AITECH) Committee or its successor agency.

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

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

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

Sec. 31. Protection of Property During Construction. — Ali 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.

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

Sec. 33. Construction and Demolition Waste Management. — All buildings shall 26
be constructed with proper management of construction and demolition waste.

CHAPTER Vi
BUILDING MATERIALS

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

regulations, and reference standards.

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

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

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

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CHAPTER VII
OCCUPANCY, MAINTENANCE, AND ABATEMENT OF BUILDINGS

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

Sec. 37. Maintenance, Inspection, and Assessment of Buildings and Repotting
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 P! Structures and Regular
or Class P2 Structures in conducting a simplified or regular inspection of their buildings.

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

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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 PI 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.

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

Sec. 39. Abatement of Dangerous and Ruinous Buildings. — When any building or
structure is found or declared to be dangerous or ruinous, the Local Building Official
shall order its repair, vacation, or demolition depending upon the degree of danger to
life, health, property, and public welfare. This is without prejudice to further action that

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may be taken under the provisions of Articles 482 and 694 to 707 of the Civil Code of
the Philippines and other existing laws.

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

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

CHAPTER VIII
ADMINISTRATION

Sec. 40. National Building Official (NBD): 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:

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

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

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

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

e. 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;

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

g. 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;

h. 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

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dwelling, an inspection must be upon the consent of the occupant or upon lawful order
from the proper court;

i.lssue 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;

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

k. Enlist the aid and support of, and/or deputize any and all enforcement
agencies of the government in the implementation of his powers and 4 functions under
this Act, rules and regulations, and reference standards; and

i. 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.

Sec. 41. Building Regulations and Standards Council (BRSC). — A Building

Regulations and Standards Council is hereby created to assist the National Building
Official in reviewing and recommending rules and regulations and reference standards

to accomplish the objectives of this Act.

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

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

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

3. Commissioner of the Professional Regulation Commission (PRC)
in 25 charge of supervision of regulatory boards of building
professionals;

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

5. Undersecretary of the Department of Trade and industry (DT!) in
charge of supervision of product standards and/or contractor
accreditations;

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

~

. President of a national association of local building officials;

2

. President of a national association of building developers,
national
association of building owners, national association of building

managers, or national association of building administrators;

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

10. President of a national association of building contractors;

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

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

Each from a list of nominees submitted by their respective sectors, all representatives
from the private, academic, or non-government sectors, enumerated above from (7) to
(11), shall be appointed by the National Building Official for a term of three (3) years;
provided, that each said member, during his/her term in the Council, shall remain a
certified member-in-good-standing of the association, organization, or institution that
has been originally represented. In case of substitution or replacement of a member
representing a specific sector, the new member shall serve for the remainder of the
three-year term. For these sectors enumerated above from (7) to (11), a different
association, organization, or institution other than the one currently represented shall
be given preference by the National Building Official in the next full three-year term
appointment, in order to practice a rotation of representation from among the various
associations, organizations, or institutions in each sector.

Representatives-at-large, enumerated above as (12), shall serve ex-officio if officials
and representatives of government agencies, or shall serve for a term of three (3) years
without immediate reappointment within one (1) year if coming from the private,
academic, or non-government sectors. In the absence or temporary incapacity of the
Undersecretary for Technical Services of the Department, the Full-time Commissioner
of the HLURB shall act as the Chair of the Council.

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

the Chair of the Council.

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

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

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

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

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

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

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

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

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

b. Technical Working Groups (TVVGs). To support the BRSC in the
performance 30 of its duties and responsibilities, the National Building Official
shall constitute Technical Working Groups (TV/Gs) composed of relevant
stakeholders.

c. Secretariat. The BRSC shall have its Secretariat personnel separate
from the 5 Office of the National Building Official, to assist in the operation of the
Council and TWGs.

d. Procedures. The National Building Official, in consultation with relevant
stakeholders, shall prescribe, based on rules and regulations, the procedures of
the Building Regulations and Standards Council, ensuring the periodic review of
reference standards every five () 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.

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

Sec. 42. Office of the National Building Official (ONBO). The Office of the National
Building Official, within the Department, is hereby created fo 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.

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This Office, headed by a Director, who shall be a registered and licensed professional,
be member of good standing of the duly accredited national organization of the
profession, and have at least five (5) years of diversified and professional

experience in building design, construction, and regulation, shall be placed under the
supervision of the Undersecretary for Technical Services. It shall comprise highly
qualified personnel eligible to act as building professionals, scientists, or technicians
who possess diversified and professional experience in the field of building design and
construction, and lawyers

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

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

The Office of the National Building Official shall formulate plans, programs, and
projects on building planning, design, construction, occupancy, and maintenance
pursuant to this Act in consideration of global best practices and the exposure of the
country to multiple hazards. It shall plan and implement a computerized national
database of buildings and structures, for purposes of Section 37 and other provisions of
this Act and rules and regulations. It shall also be in-charge of the implementation 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.

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

Sec. 44. Offices of the Local Building Official (OLBOs) and Local Building
Officials (LBOs). Cities and first-class municipalities shall create and operate a
separate Office of the Local Building Official headed by a Local Building Official who
shall be appointed by and accountable to the National Building Official. The Local
Building Official shall be appointed by the National Building Official from a list of at least
three (3) qualified recommendees of the mayor, subject to civil service law and 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 Nationa! 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

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Building Official. This cluster Office shall be located at a municipality within the cluster
as determined by the National Building Official. Each cluster of municipalities may
recommend to the National Building Official the appointment of one Loca! 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.

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

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Sec.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 Loca
‘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 the agency with special jurisdiction, which created and operated the Office.

However, in the case of the cluster Office of the Local Building Official, it shall retain
45% 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.

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

a. A Filipino citizen and of good moral character;
b. 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.

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

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

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

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;

c. Enter any building, structure, or its premises at reasonable times to inspect
and determine compliance with the requirements of this Act, rules and regulations,
and reference standards, as well as the terms and conditions of the permit/s issued;
provided, that in case of single-family dwelling, an inspection by the Local Building
Official and/or Accredited Inspector must be upon the consent of the occupant or
upon lawful order from the proper court:

d. Engage qualified and nationally-accredited Building Professionals as

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inspectors and/or structural peer reviewers;

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

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

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

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

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

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

Sec. 49. Responsibilities of Building Owners. — To promote accountability,
Building Owners and Building Owner-Builders shall be responsible for their compliance
with the provisions of this Act, rules and regulations, and reference standards. These
responsibilities shall include but not be limited to:

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

b. Adhering to the plans and specifications;

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

4d. Maintaining the building consistent with its maintenance strategy and
‘conducting periodic inspection in accordance with this Act, rules and
regulations, and reference standards;

@

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 PI
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 PI 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.

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957, or the Subdivision and Condominium Buyers’ Protective Decree, and to Republic
Act No. 4726, or the Condominium Act, as amended.

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

a. Design professionals shall be responsible for the correctness and
consistency of their design and the preparation of duly signed and sealed drawings,
technical specifications, calculations, designs, and analyses. They are not precluded
from conducting inspection of the construction work or building or structure to check
and determine adherence to the plans and specifications of the work as submitted
with the permit application; provided, that in case of single-family dwelling, an
inspection must be upon the consent of the occupant or upon lawful order from the
proper court.

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

Sec. 51. Responsibilities of Building Contractors. — To promote accountability,
Building Contractors shall adhere to the duly signed and sealed drawings, technical
specifications, and construction procedure, as prepared and certified by the Building

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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, in addition to protection afforded to them by labor
laws. As principals, they shall be solidarily responsible for the acts and omissions of
their representatives, agents, subcontractors, and/or employees in relation to
construction. They shall engage Building Professionals in-charge of construction.

CHAPTER IX
PERMITS AND INSPECTIONS

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

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;

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

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e. 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 Bullding Official shall set a
time period during which the partial permit or temporary permit shall be valid in
accordance with rules and regulations.

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

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

Sec. 53, Detailed Classification of Buildings for Permitting Purposes. — The
National Building Official shall prescribe the requirements for and procedure in
securing the different types of permit, as may be appropriate, based on the
classification of buildings in Section 10 of this Act. The procedures to be laid out by the
National Building Official shall include: (a) a simplified permitting process for Deemed-
to-Satisfy or Class PI 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

(8) 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

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or nation-wide information and education campaign on the proper siting, design, and
construction of Deemed-to-Satisfy or Class Pl Structures including Traditional
Indigenous Family Dwellings.

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

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appropriate Building Professionals; provided, that various building professionals may
be appropriately authorized according to their respective professional regulation laws
to prepare, sign, and seal certain parts, sheets, or pages of building plans,
specifications, and related documents.

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

Sec. 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.

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Sec. 57. Grounds for Non-issuance, Suspension, or Revocation of Permit—The
Loca! 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 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

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

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

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

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with a copy of the decision, order, or notice of non-issuance, suspension, or revocation
of a permit of the Local Building Official.

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

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

b. Lack of factual or legal basis.

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

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

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

The Office of the National Building Official shall render a decision within thirty (30)
days from perfection of the appeal. The Office of the National Building Official's
decision shall be in writing, stating specifically the reason/s or ground/s therefor. In

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case the ONBO finds the appeal to be meritorious, the Office of the National Building
Official shall direct the Local Building Official to issue the appropriate permit or order.

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

CHAPTER X
INCENTIVES AND PENALTIES

Sec. 62. Incentives. — The Nationa! 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.

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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 PI Structures, in their jurisdictions.

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

a. By the Building Owner and/or representative:

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 20 the permit, including prerequisite

clearances by other government agencies;

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

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

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

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

b. By the Building Professional:

1. Misrepresentation or false statements;

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

3. Submission of incorrect or inconsistent drawings, technical

specifications, calculations, designs, and analyses;

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

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

6. _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

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

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cc, By the Building Contractor:

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1. 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;

2. Violation of safety standards prescribed by law or regulations;

3. Not engaging a Building Professional in charge of construction;
and

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

d. by the Accredited Certifier:

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

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

3. Refusing or falling to certify buildings and structures that meet

the requirements of this Act, rules and regulations, and
reference standards; and

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

e. By the Accredited Structural Peer Reviewer:

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

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

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

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

f. By the Accredited Testing Laboratory:

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

2. Misrepresentation or false statements in the tests and/or test

results of building materials;
3. Tampering with the equipment and instruments;

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

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

g. by the Accredited Inspector: Misrepresentation or false statements in
order to be accredited by the Office of the National Building Official;

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

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

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

4.

h. by the Local Building Official:

4. 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.

Sec. 64. Fines and Penalties. Any prohibited act or omission falling under paragraphs
(a) — (h) in Section 63 of this Act shall be subject to the administrative fines and
penalties to be imposed by the National Building Official, acting through the Local
Building Official. Such fines shall not be lower than 0.01% nor higher than 1.0% of the
construction cost, per violation, in accordance with the gravity of the offense and the
category of violator as provided in Section 63; provided, that the Local Building Official
may not issue, may suspend, or may revoke any permit issued to the violator, as may
be appropriate, and/or may order the suspension or cessation of any construction until
such time that compliance with this Act, rules and regulations, and reference
standards are undertaken; provided further, that in case the Building Owner is also the

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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 shali also endorse such violation to the Professional Regulation
Commission (PRC) and the Construction industry Authority of the Philippines (CIAP),
respectively, for corresponding administrative sanctions; and provided finally, that
should there be more than one violator for a single prohibited act or omission, their
liability shall be solidary.

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

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

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

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

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

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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.

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

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

CHAPTER XI

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FINAL PROVISIONS

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

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

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

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

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.

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

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

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

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

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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 clearly indicate the national rule, regulation,
or standard which it improves.

All forms, tables, charts, illustrations, drawings, and other annexes included

with rules, regulations, standards, and ordinances shall be systematically, uniquely,
and clearly labeled, and duly referenced within the text of the associated
rule,regulation, standard, or ordinance.

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

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

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

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

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

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

Approved,

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