PRESIDENTIAL DECREE No. 1096
ADOPTING A NATIONAL BUILDING CODE OF THE PHILIPPINES
(NBCP) THEREBY REVISING REPUBLIC ACT NUMBERED SIXTY-FIVE HUNDRED FORTY-ONE
(R.A. NO. 6541)
WHEREAS, the country’s accelerating economic and physical development,
coupled with urbanization and population growth, makes imperative the
formulation and adoption of a uniform building code which shall embody
up-to-date and modern technical knowledge on building design, construction,
use, occupancy and maintenance;
WHEREAS, while there is Republic Act No. 6541, entitled “An Act to
Ordain and Institute a National Building Code of the Philippines”, the same
does not conform with the developmental goals and infrastructure program of the
Government and does not adequately provide for all the technological
requirements of buildings and structures, in terms of up-to-date design and
construction standards and criteria;
WHEREAS, in the formulation of a new national building code, it is desire and policy of the Government to avail of and harness the technical expertise and professional know-how to men not only in the public but in the private sectors as well.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby order and
decree the revision of Republic Act. No. 6541 to read as follows:
CHAPTER I
GENERAL PROVISIONS
Section 101
Title
This Decree shall be known as the “National Building Code of the
Philippines” and shall hereinafter be referred to as the “Code”.
Section 102
Declaration of Policy
It is hereby declared to be the policy of the State to safeguard life,
health, property, and public welfare, consistent with the principles of sound
environmental management and control; and to this end, make it the purpose of
this Code to provide for all buildings and structures, a framework of minimum
standards and requirements to regulate and control their location, site, design
quality of materials, construction, use, occupancy, and maintenance.
Section 103
Scope and Application
(a) The provisions of this Code shall apply to the
design, location, sitting, construction, alteration, repair, conversion, use,
occupancy, maintenance, moving, demolition of, and addition to public and
private buildings and structures, except traditional indigenous family dwellings
as defined herein.
(b) Building and/or structures constructed before the
approval of this Code shall not be affected thereby except when alterations,
additions, conversions or repairs are to be made therein in which case, this
Code shall apply only to portions to be altered, added, converted or repaired.
Section 104
General Building
Requirements
(a) All buildings or structures as well as accessory
facilities thereto shall conform in all respects to the principles of the safe
construction and must be suited to the purpose for which they are designed.
(b) Buildings or structures intended to be used for the
manufacture and/or production of any kind of article or product shall observe
adequate environmental safeguards.
(c) Buildings or structures and all parts thereof as
well as all facilities found therein shall be maintained in safe, sanitary and
good working condition.
Section 105
Site Requirements
The land or site upon which will be constructed any building or
structure, or any ancillary or auxiliary facility thereto, shall be sanitary,
hygienic or safe. In the case of sites or buildings intended for use as human
habitation or abode, the same shall be at a safe distance, as determined by
competent authorities, from streams or bodies of water and/or sources of air
considered to be polluted; from a volcano or volcanic site and/or any other
building considered to be a potential source of fire or explosion.
Section 106
Definitions
As used in this Code, the words, terms and phrases enumerated in Annex
“A” hereof shall have the meaning or definition, correspondingly provided
therein.
CHAPTER II
ADMINISTRATION AND ENFORCEMENT
Section 201
Responsibility for
Administration and Enforcement
The administration and enforcement of the provisions of this Code
including the imposition of penalties for administrative violations thereof is
hereby vested in the Secretary of Public Works, Transportation and
Communications, hereinafter referred to as the “Secretary”.
Section 202
Technical Staff
The Secretary is hereby authorized to constitute and provide in his
Department a professional staff composed of highly qualified architects,
engineers and technicians who possess diversified and professional experience
in the field of building design and construction.
Section 203
General Powers and Functions
of the Secretary under this Code
For purposes of carrying out the provisions of this Code, the Secretary
shall exercise the following general powers and functions:
(1) Formulate policies, plans, standards and guidelines
on building design, construction, use occupancy and maintenance, in accordance
with this Code.
(2) Issue and promulgate rules and regulations to
implement the provisions of this Code and ensure compliance with policies,
plans, standards and guidelines formulated under paragraph 1 of this Section.
(3) Evaluate, review, approve and/or take final action
on changes and/or amendments to existing Referral Codes as well as on the
incorporation of other referral codes which are not yet expressly made part of
this Code.
(4) Prescribe and fix the amount of fees and other
charges that the Building Official shall collect in connection with the
performance of regulatory functions.
Section 204
Professional and Technical
Assistance
The Secretary with the assistance of his technical staff shall provide
such professional, technical, scientific and other services including testing
laboratories and facilities as may be required to carry out the provisions of
this Code; Provided that the Secretary may secure such services as he may deem
necessary from other agencies of the National Government and may make
arrangement for the compensation of such services. He may also engage and
compensate within appropriations available therefore, the services of such
number of consultants, experts and advisers on full or part-time basis, as may
be necessary, coming from the government or private businesses, entities or
associations to carry out the provisions of this Code.
Section 205
Building Officials
Except as otherwise provided herein, the Building Official shall be
responsible for carrying out the provisions of this Code in the field as well
as the enforcement of orders and decisions made pursuant thereto.
Due to the exigencies of the service, the Secretary may designate
incumbent Public Works District Engineers, City Engineers and Municipal
Engineers act as Building Officials in their respective areas of jurisdiction.
The designation made by the Secretary under this Section shall continue
until regular positions of Building Official are provided or unless sooner
terminated for causes provided by law or decree.
Section 206
Qualifications of Building
Officials
No person shall be appointed as a Building Official unless he possesses
the following qualifications:
1. A Filipino citizen and of good moral character.
2. A duly registered architect or civil engineer.
3. A member of good standing of a duly accredited
organization of his profession for not less than two years.
4. Has at least five years of diversified and
professional experience in building design and construction.
Section 207
Duties of a Building
Official
In his respective territorial jurisdiction, the Building Official shall
be primarily responsible for the enforcement of the provisions of this Code as
well as of the implementing rules and regulations issued therefore. He is the
official charged with the duties of issuing building permits.
In the performance of his duties, a Building Official may enter any
building or its premises at all reasonable times to inspect and determine
compliance with the requirements of this Code, and the terms and conditions
provided for in the building permit as issued.
When any building work is found to be contrary to the provisions of
this Code, the Building Official may order the work stopped and prescribe the
terms and/or conditions when the work will be allowed to resume.
Likewise, the Building Official is authorized to order the
discontinuance of the occupancy or use of any building or structure or portion
thereof found to be occupied or used contrary to the provisions of this Code.
Section 208
Fees
Every Building Official shall keep a permanent record and accurate
account of all fees and other charges fixed and authorized by the Secretary to
be collected and received under this Code.
Subject to existing budgetary, accounting and auditing rules and
regulations, the Building Official is hereby authorized to retain not more than
twenty percent of his collection for the operating expenses of his office.
The remaining eighty percent shall be deposited with the provincial,
city or municipal treasurer and shall accrue to the General Fund of the
province, city or municipality concerned.
Section 209
Exemption
Public buildings and traditional indigenous family dwelling shall be
exempt from payment of building permit fees.
As used in this Code, the term “additional indigenous family dwelling”
means a dwelling intended for the use and occupancy by the family of the owner
only and constructed of native materials such as bamboo, nipa, logs, or lumber,
the total cost of which does not exceed fifteen thousand pesos.
Section 210
Use of Income from Fees
Any provision of law to the contrary notwithstanding, the Secretary is
hereby authorized to prescribe the procedures for the use of all net income
realized by the office of the Building Official from the collection of fees and
charges not exceeding twenty percent thereof in accordance with Section 208.
Such income may be used to cover necessary operating expenses including
the purchase of equipment, supplies and materials, traveling expenses,
obligation expenses and sheriff’s fees and payment of other prior years’
obligations not adequately funded, subject to existing budgetary and auditing
rules and regulations.
Section 211
Implementing Rules and
Regulations
In the implementation of the provisions of this Code, the Secretary
shall formulate necessary rules and regulations and adopt design and
construction standards and criteria for buildings and other structures.
Such standards, rules and regulations shall take effect after their
publication once a week for three consecutive weeks in a newspaper of general
circulation.
Section 212
Administrative Fines
For the violation of any of the provisions of this Code or any of the
rules or regulations issued there under the Secretary is hereby empowered to
prescribe and impose fines not exceeding ten thousand pesos.
Section 213
Penal Provisions
It shall be unlawful for any person, firm or corporation, to erect,
construct, enlarge, alter, repair, move, improve, remove, convert, demolish,
equip, use, occupy, or maintain any building or structure or cause the same to
be done contrary to or in violation of any provision of this Code.
Any person, firm or corporation who shall violate any of the provisions
of this Code and/or commit any act hereby declared to be unlawful shall upon
conviction, be punished by a fine of not more than twenty thousand pesos or by
imprisonment of not more than two years or by both such fine and imprisonment:
Provided, that in the case of a corporation firm, partnership or association,
the penalty shall be imposed upon its officials responsible for such violation
and in case the guilty party is an alien, he shall immediately be deported
after payment of the fine and/or service of his sentence.
Section 214
Dangerous and Ruinous
Buildings or Structures
Dangerous buildings are those which are herein declared as such or are
structurally unsafe 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 safety or 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.
Section 215
Abatement of Dangerous
Buildings
When any building or structure is found or declared to be dangerous or
ruinous, the Building Official shall order its repair, vacation or demolition
depending upon the degree of danger to life, health, or safety. This is without
prejudice to further action that may be taken under the provisions of Articles
482 and 694 to 707 of the Civil Code of the Philippines.
Section 216
Other Remedies
The rights, actions and remedies provided in this Code shall be in
addition to any and all other rights of action and remedies that may be
available under existing laws.
CHAPTER III
PERMITS AND INSPECTION
Section 301
Building Permits
No person, firm or corporation, including any agency or instrumentality
of the government shall erect, construct, alter, repair, move, convert or
demolish any building or structure or cause the same to be done without first
obtaining a building permit therefore from the Building Official assigned in
the place where the subject building is located or the building work is to be
done.
Section 302
Application for permits
In order to obtain a building permit, the applicant shall file an
application therefore in writing and on the prescribed form from the office of
the Building Official. Every application shall provide at least the following
information:
(1) A description of the work to be covered by the
permit applied for;
(2) Certified true copy of the TCT covering the lot on
which the proposed work is to be done. If the applicant is not the registered
owner, in addition to the TCT, a copy of the contract of lease shall be
submitted;
(3) The use or occupancy for which the proposal work is
intended;
(4) Estimated cost of the proposed work.
To be submitted together with such application are at least five sets
of corresponding plans and specifications prepared, signed and sealed by a duly
mechanical engineer in case of mechanical plans, and by a registered electrical
engineer in case of electrical plans, except in those cases exempted or not
required by the Building Official under this Code.
Section 303
Processing of Building
Permits
The processing of building permits shall be under the overall
administrative control and supervision of the Building Official and his
technical staff of qualified professionals.
In processing an application for a building permit, the Building
Official shall see to it that the applicant satisfies and conforms with
approved standard requirements on zonings and land use, lines and grades,
structural design, sanitary and sewerage, environmental health, electrical and
mechanical safety as well as with other rules and regulations promulgated in
accordance with the provisions of this Code.
Section 304
Issuance of Building Permits
When satisfied that the work described in an application for building
permit and the plans and specifications submitted therewith, conform to the
requirements of this Code and other pertinent rules and regulations, the
Building Official shall, within fifteen days from payment of the required fees
by the applicant, issue the building permit applied for.
The Building Official may issue a permit for the construction of only a
part or portion of a building or structure whenever the plans and
specifications submitted together with the application do not cover the entire
building or structure.
Approved plans and specifications shall not be changed, modified or
altered without the approval of the Building Official and the work shall be
done strictly in accordance thereto.
Section 305
Validity of Building Permits
The issuance of a building permit shall not be construed as an approval
or authorization to the permittee to disregard or violate any of the provisions
of this Code.
Whenever the issuance of a permit is based on approved plans and
specifications which are subsequently found defective, the Building Official is
not precluded from requiring permittee to effect the necessary corrections in
said plans and specifications or from preventing or ordering the stoppage of
any or all building operations being carried on there under which are in
violation of this Code.
A building permit issued under the provisions of this Code shall expire
and become null and void if the building or work authorized therein is not commenced
within a period of one year from the date of such permit, or if the building or
work so authorized is suspended or abandoned at any time after it has been
commenced, for a period of 120 days.
Section 306
Non-Issuance, Suspension or
Revocation of Building Permits
The Building Official may order or cause the non-issuance, suspension
or revocation of building permits on any or all of the following reasons or
grounds:
(a) Errors found in the plans and specifications;
(b) In correct or inaccurate data or information
supplied;
(c) Non-compliance with the provisions of this Code or
of any rule or regulation.
Notice of non-issuance, suspension or revocation of building permits
shall always be made in writing, stating the reason or grounds therefor.
Section 307
Appeal
Within fifteen (15) days from the date of receipt of advice of the
non-issuance, suspension or revocation of permits, the applicant/permittee may
file an appeal with the Secretary who shall render his decision within fifteen
days from date of receipt of notice of appeal. The decision of the Secretary
shall be final subject only to review by the Office of the President.
Section 308
Inspection and Supervision
of Work
The owner of the Building who is issued or granted a building permit
under this Code shall engage the services of a duly licensed architect or civil
engineer to undertake the full time inspection and supervision of the
construction work.
Such architect or civil engineer may or may not be the same architect
or civil engineer who is responsible for the design of the building.
It is understood however that in either case, the designing architect
or civil engineer is not precluded from conducting inspection of the
construction work to check and determine compliance with the plans and specifications
of the building as submitted.
There shall be kept at the jobsite at all times a logbook wherein the
actual progress of construction including tests conducted, weather conditions
and other pertinent data are to be recorded.
Upon completion of the construction, the said licensed architect or
civil engineer shall submit the logbook, duly signed and sealed, to the
Building Official. He shall also prepare and submit a Certificate of Completion
of the project stating that the construction of building conforms to the
provisions of this Code as well as with the approved plans and specifications.
Section 309
Certificate of Occupancy
No building or structure shall be used or occupied and no change in the
existing use or occupancy classification of a building or structure or portion
thereof shall be made until the Building Official has issued a Certificate of
Occupancy therefore as provided in this Code.
A certificate of Occupancy shall be issued by the Building Official
within thirty (30) days if after final inspection and submittal of a
Certificate of Completion referred to in the preceding section, it is found
that the building or structure complies with the provisions of this Code.
The Certificate of Occupancy shall be posted or displayed in a conspicuous
place on the premises and shall not be removed except upon order of the
Building Official.
The non-issuance, suspension and revocation of Certificates of
Occupancy and the procedure for appeal there from shall be governed in so far
as applicable, by the provisions of Section 306 and 307 of this Code.
CHAPTER IV
TYPES OF CONSTRUCTION
Section 401
Types of Construction
For purposes of this Code, all buildings proposed for construction
shall be classified or identified according to the following types:
(1) Type I buildings shall be a wood
construction. The structural elements may be any of the materials permitted by
this Code.
(2) Type II buildings
shall be of wood construction with protective fire-resistant materials and
one-hour fire-resistive throughout: Except, that permanent non-bearing
partitions may use fire-retardant treated wood within the framing assembly.
(3) Type III buildings shall be of masonry and
wood construction. Structural elements may be any of the materials permitted by
this Code: Provided that the building shall be one-hour fire-resistive
throughout. Exterior walls shall be of incombustible fire-resistive
construction.
(4) Type IV buildings shall be of steel, iron,
concrete, or masonry construction. Walls, ceiling, and permanent partitions
shall be of incombustible fire-resistive construction: Except, that permanent
non-bearing partitions of one-hour fire-resistive construction may use
fire-retardant treated wood within the framing assembly.
(5) Type V buildings shall be fire-resistive.
The structural elements shall be of steel, iron, concrete, or masonry
construction. Walls, ceilings, and permanent partitions shall be of
incombustible fire-resistive construction.
Section 402
Changes in Types
No change shall be made in the type of construction of any building
which would place the building in a different sub-type or type of construction
unless such building is made to comply with the requirements for such sub-type
of construction: Except, when the changes is approved by the Building Official
upon showing that the new or proposed construction is less hazardous, based on
life and fire risk, than the existing construction.
Section 403
Requirements on Type of
Construction
Subject to the provisions of this Chapter, the Secretary shall
prescribe standards for each type of construction, and promulgate rules and
regulations therefor, relating to structural framework, exterior walls and
openings, interior walls and enclosures, floors, exists, and stairs
construction, and roofs.
CHAPTER V
REQUIREMENTS FOR FIRE ZONES
Section 501
Fire Zones Defined
Fire zones are areas within which only certain types of buildings are
permitted to be constructed based on their use or occupancy, type of
construction, and resistance to fire.
Section 502
Buildings located in more
than One Fire Zone
A building or structure which is located partly in one fire zone and
partly in another shall be considered to be in the more highly restrictive fire
zone, when more than one-third of its total floor area is located in such zone.
Section 503
Moved Building
Any building or structure moved within or into any fire zone shall be
made to comply with all the requirements for buildings in that fire zone.
Section 504
Temporary Buildings
Temporary building such as reviewing stands and other miscellaneous
structures conforming to the requirements of this Code, and sheds, canopies and
fences used for the protection of the public around and in conjunction with
construction work, may be erected in the fire zones by special permit from the
Building Official for a limited period of time, and such buildings or
structures shall be-completely removed upon the expiration of the time limit
stated in such permits.
Section 505
Center Lines of Streets
For the purpose of this Chapter, the center line of an adjoining street
or alley may be considered an adjacent property line. Distances shall be
measured at right angles to the street or alley.
Section 506
Restrictions on Existing
Buildings
Existing buildings or structures in fire zones that do not comply with
the requirements for a new building erected therein shall not hereafter be
enlarged, altered, remodeled, repaired or moved except as follows:
(a) Such building is entirely demolished;
(b) Such building is to be moved outside the limits of
the more highly restrictive Fire Zone to a zone where the building meets the
minimum standards;
(c) Changes, alterations and repairs may be made
provided that in any 12-month period, the value of the work does not exceed
twenty percent of the value of the existing building, and provided that, such
changes do not add additional combustible material, and do not, in the opinion
of the Building Official, increase the fire hazard;
(d) Additions thereto are separated from the existing
building by fire walls, as set forth in Sub-section 604 (b);
(e) Damage from fire or earthquake, typhoons or any
fortuitous event may be repaired, using the same kind of materials of which the
building or structure was originally constructed, provided that, the cost of
such repair shall not exceed twenty percent of the replacement cost of the
building or structure.
Section 507
Designation of Fire Zones
The Secretary shall promulgate specific restriction for each type of
Fire Zone. Cities and municipalities shall be divided into such Fire Zones in
accordance with local, physical, and spatial framework plans submitted by city
or municipal planning and/or development bodies.
CHAPTER VI
FIRE-RESISTIVE REQUIREMENTS IN CONSTRUCTION
Section 601
Fire-Resistive Rating
Defined
Fire-resistive rating means the degree to which a material can
withstand fire as determined by generally recognized and accepted testing
methods.
Section 602
Fire-Resistive Time Period
Rating
Fire-resistive time period rating is the length of time a material can
withstand being burned which may be one-hour, two-hours, three-hours, four-hours,
etc.
Section 603
Fire-Resistive Standards
All materials of construction, and assemblies or combinations thereof
shall be classified according to their fire-retardant or flame-spread ratings
as determined by general accepted testing methods and/or by the Secretary.
Section 604
Fire-Resistive Regulations
The Secretary shall prescribe standards and promulgate rules and
regulations on the testing of construction materials for flame-spread
characteristics, tests on fire damages, fire tests of building construction and
materials, door assemblies and tinclad fire doors and window assemblies, the
installation of fire doors and windows and smoke and fire detectors for fire
protective signaling system, application and use of controlled interior finish,
fire-resistive protection for structural members, fire-resistive walls and
partitions, fire-resistive floor or roof ceiling, fire-resistive assemblies for
protection of openings and fire-retardant roof coverings.
CHAPTER VII
CLASSIFICATION AND GENERAL REQUIREMENT OF ALL
BUILDINGS BY USE OF OCCUPANCY
Section 701
Occupancy Classified
(a) Buildings proposed for construction shall be
identified according to their use or the character of its occupancy and shall
be classified as follows:
(1) Group A – Residential Dwellings
Group A
Occupancies shall be dwellings.
(2) Group B – Residentials, Hotels and Apartments
Group B Occupancies shall be
multiple dwelling units including boarding or lodging houses, hotels, apartment
buildings, row houses, convents, monasteries, and other similar building each
of which accommodates more than ten persons.
(3) Group C – Education and Recreation
Group C Occupancies shall be
buildings used for school or day-care purposes, involving assemblage for
instruction, education, or recreation, and not classified in Group I or in
Division 1 and 2 or Group H Occupancies.
(4) Group D – Institutional
Group D
Occupancies shall include:
Division 1
Mental hospitals, mental
sanitaria, jails, prisons, reformatories, and buildings where personal
liberties of inmates are similarly restrained
Division 2
Nurseries for full-time care
of children under kindergarten age, hospitals, sanitaria, nursing homes with
non-ambulatory patients, and similar buildings each accommodating more than
five persons
Division 3
Nursing homes for ambulatory
patients, homes for children of kindergarten age or over, each are
accommodating more than five persons: Provided, that Group D Occupancies shall
not include buildings used only for private or family group dwelling purposes.
(5) Group E – Business and Mercantile
Group E
Occupancies shall include:
Division
1
Gasoline filling and service
stations, storage garages and boot storage structures where no work is done
except exchange of parts and maintenance requiring no open flame, welding, or
the use of highly flammable liquids.
Division
2
Wholesale and retail stores,
office buildings, drinking and dining establishments having an occupant load of
less than one hundred persons, printing plants, police and fire stations,
factories and workshops using not highly flammable or combustible materials and
paint stores without bulk handlings
Division
3
Aircraft hangers and open
parking garage with no repair work is done except exchange of parts and
maintenance requiring no open flame, welding or the use of highly flammable
liquids.
(6) Group F – Industrial
Group F Occupancies shall
include: ice plants, power plants, pumping plants, cold storage, and
creameries, factories and workshops using incombustible and non-explosive
materials, and storage and sale rooms for incombustible and non-explosive
materials.
(7) Group G – Storage and Hazardous
Group G Occupancies
shall include:
Division 1
Storage and
handling of hazardous and highly flammable material
Division
2
Storage and handling of
flammable materials, dry cleaning plants using flammable liquids; paint stores
with bulk handling, paint shops and spray painting rooms.
Division
3
Wood working establishments,
planning mills and box factories, shops, factories where loose combustible
fibers or dust are manufactured, processed or generated; warehouses where
highly combustible material is store.
Division 4
Repair garages
Division 5
Aircraft repair
hangers
(8) Group H – Assembly Other Than Group 1
Group H
Occupancies shall include:
Division
1
Any assembly building with a
stage and an occupant load of less than 1000 in the building
Division
2
Any assembly building
without stage and having an occupant load of 300 or more in the building
Division
3
Any assembly building
without a stage and having an occupant load of less than 300 in the building
Division
4
Stadia, reviewing stands,
amusement park structures not
included within Group I or in Division 1, 2, and 3 of this Group.
(9) Group I – Assembly Occupant Load 1000 or More
Group I Occupancies shall be
any assembly building with an age and an occupant load of 1000 or more in the
building.
(10) Group J – Accessory
Group J
Occupancies shall include:
Division 1
Private garage,
carports, sheds and agriculture buildings
Division 2
Fences over 1.80
meters high, tanks, and towers
(b) Other sub groupings or divisions within Groups A to
J may be determined by the Secretary. Any other occupancy not mentioned
specifically in this Section, or about which there is any question shall be
included in the Group which it most nearly resembles based on the existing or
proposed life and fire hazard.
Section 702
Change in Use
No change shall be made in the character of occupancy or use of any
building which would place the building in a different division of the same
group of occupancy or in a different group of occupancies, unless such building
is made to comply with the requirements of this code for such division or group
of occupancy. The character of occupancy of existing buildings may be changed
subject to the approval of the Building Official and the building may be
occupied or purposes set forth in other Groups: Provided the new or proposed
use is less hazardous, based on life and fire risk, than the existing use.
Section 703
Mixed Occupancy
(a) General Requirements
When a building is of mixed
occupancy or used for more than one occupancy, the whole building shall be
subject to the most restrictive requirement pertaining to any of the type of
occupancy found therein except in the following:
(1) When a one-storey building houses more than one
occupancy, each portion of the building shall conform to the requirement of the
particular occupancy housed therein and;
(2) Where minor accessory uses do not occupy more than
ten percent of the area of any floor or a building, nor more than ten percent
of the basic area permitted in the occupancy requirements, in which case, the
major use of the building determine the occupancy classification.
(b) Forms of Occupancy Separation
Occupancy separations shall
be vertical or horizontal or both, or when necessary, of such other forms as
may be required to afford a complete separation between the various occupancy
divisions in the building.
(c) Types of Occupancy Separation
Occupancy separation shall
be classified as “One-Hour Fire-Resistive”, “Two-Hour Fire Resistive”,
“Three-Hour Fire-Resistive” and “Four-Hour Fire-Resistive:
(1) A “One-Hour
Fire-Resistive Occupancy Separation” shall be of not less than one-hour
fire-resistive construction. All openings in such separation shall be protected
by a fire-assembly having a one-hour fire-resistive rating.
(2) A “Two-Hour
Fire-Resistive Occupancy Separation” shall be of not less than two-hour
fire-resistive construction. All openings in such separation shall be protected
by a fire-assembly having a two-hour fire-resistive rating.
(3) A “Three-Hour
Fire-Resistive Occupancy Separation” shall be of not less than three-hour
fire-resistive construction. All openings in walls forming such separation
shall be protected by a fire assembly having a three-hour fire-resistive
rating. The total width of all openings in any three-hour fire-resistive
occupancy separation wall in any one-storey shall not exceed 25 per cent of the
length of the wall in that storey and no single opening shall have an area
greater than 10.00 square meters. All openings in floors forming a “Three-Hour
Fire-Resistive Occupancy Separation” shall be protected by vertical enclosures
extending above and below such openings. The walls of such vertical enclosures
shall be of not less than two-hour fire-resistive construction, and all openings
therein shall be protected by a fire-assembly having a three-hour
fire-resistive rating.
(4) A “Four-Hour
Fire-Resistive Occupancy Separation” shall have no openings therein and
shall be of not less than four-hour fire resistive construction.
(d) Fire-Rating for Occupancy Separation
Occupancy Separations shall
be provided between groups, subgroupings, or divisions of occupancies. The
Secretary shall promulgate rules and regulations for appropriate occupancy
separations in buildings of mixed occupancy: Provided, that, where any
occupancy separation is required, the minimum shall be a “One-Hour
Fire-Resistive Occupancy Separation”; and where the occupancy separation is
horizontal, structural member supporting the separation shall be protected by
an equivalent fire-resistive construction.
Section 704
Location of Property
(a) General
No Building shall be
constructed unless it adjoins or has direct access to a public space yard or
street on at least one of its sides.
For the purpose of this
Section, the center line of an adjoining street or alley shall be considered an
adjacent property line.
Eaves over required windows
shall not be less than 750 millimeters from the side and rear property lines.
(b) Fire Resistance of Walls
Exterior walls shall have
fire resistance and opening protection in accordance with the requirements set
forth by the Secretary. Projections beyond the exterior wall shall not exceed
beyond a point one-third the distance from an assumed vertical plane located
where the fire-resistive protection of openings is first required to the
location on property whichever is the least restrictive. Distance shall be
measured at right angles from the property line. When openings in exterior
walls are required to be protected due to distance from property line, the sum
of the areas of such openings in any storey shall not exceed 50 percent of the
total area of the wall in that storey.
(c) Buildings on Same Property and Buildings Containing
Courts
For the purpose of
determining the required wall and opening protection, buildings on the same
property and court walls shall be assumed to have a property line between them.
When a new building is to be erected on the same property with an existing
building, the assume property line from the existing building shall be the distance
to the property line for each occupancy as set forth by the Secretary.
Provided, that two or more buildings on the same property may be considered as
one building if the aggregate area of such building is within the limits of
allowable floor areas for a single building, and when the buildings so
considered, house different occupancies or are of different types of
construction, the area shall be that allowed for the most restrictive occupancy
or construction.
Section 705
Allowable Floor Areas
The allowable floor areas for one-storey building and buildings over
one-storey shall not exceed the limits prescribed by the Secretary for each
occupancy groups and/or types of construction.
For purposes of this Section, each portion of a building separation by one or more area separation walls may be considered a separate building provided the area separation walls meet the requirements prescribed therefore by the Secretary.
Section 706
Allowable Floor Area
Increases
The floor areas hereinabove provided may be increased in certain
specific instances and under appropriate conditions, based on the existence of
public space, streets or yards extending along and adjoining two or more sides
of the building or structure subject to the approval of the Building Official.
Section 707
Maximum Height of Buildings
The maximum height and number of storeys of every building shall be
dependent upon the character of occupancy and the type of construction as
determined by the Secretary considering population density, building bulk,
widths of streets and car parking requirements. The height shall be measured
from the highest adjoining sidewalk or ground surface: Provided, that the
height measured from the lowest adjoining surface shall not exceed such maximum
height by more than 3.00 meters: Except, that towers, spires, and steeples,
erected as part of a building and not used for habitation or storage are
limited as to height only by structural design if completely of incombustible
materials, or may extend not to exceed 6.00 meters above the height limits for
each occupancy group if of combustible materials.
Section 708
Minimum Requirements for
Group A Dwellings
(a) Dwelling Location and Lot Occupancy
The dwelling shall occupy
not more than ninety percent of a corner lot and eighty percent of an inside
lot, and subject to the provisions on Easement on Light and View of the Civil
Code of the Philippines, shall be at least 2 meters from the property line.
(b) Light and Ventilation
Every dwelling shall be so
constructed and arranged as to provide adequate light and ventilation as
provided under Section 805, of this Code.
(c) Sanitation
Every dwelling shall be
provided with at least one sanitary toilet and adequate washing and drainage
facilities.
(d) Foundation
Footing shall be of sufficient
size and strength to support the load of the dwelling and shall be at least 250
millimeters thick and 600 millimeters below the surface of the ground.
(e) Post
The dimensions of wooden
post shall be those found in Table 708-A Dimensions of Wooden Posts (Annex
B-1). Each post shall be anchored to such footing by strap and bolts of
adequate size.
(f) Floor
The live load of the first
floor shall be at least 200 kilograms per square meter and for the second
floor, at least 150 kilograms per square meter.
(g) Roof
The wind load for roofs
shall be at least 120 kilograms per square meter for vertical projection.
(h) Stairs
Stairs shall be at least 750
millimeters in clear width, with a rise of 200 millimeters and a minimum run of
200 millimeters.
(i) Entrance and Exit
There shall be at least one
entrance and another one for exit.
(j) Electrical Requirements
All electrical installation
shall conform to the requirements of the Philippine Electrical Code.
(k) Mechanical Requirements
Mechanical systems and/or
equipment installation shall be subject to the requirement of the Philippine
Mechanical Engineering Code.
Section 709
Requirements for Other Group
Occupancies
Subject to the provisions of this Code, the Secretary shall promulgate
rules and regulations for each of the other Group Occupancies covering:
allowable construction, height, and area; location on property, exit
facilities, light, ventilation, and sanitation; enclosures of vertical
openings; fire extinguishing systems; and special hazards.
CHAPTER VIII
LIGHT AND VENTILATION
Section 801
General Requirements of
Light and Ventilation
(a) Subject to the provisions of the Civil Code of the Philippines
on Basement of Light and View and to the provisions of this part of the Code,
every building shall be designed, constructed, and equipped to provide adequate
light and ventilation.
(b) All buildings shall face a street or public alley or
a private street which has been duly approved.
(c) No building shall be altered nor arranged so as to
reduce the size of any room or the relative area of windows to less than that
provided for buildings under this Code, or to create an additional room, unless
such additional room conforms to the requirements of this Code.
(d) No building shall be enlarged so that the dimensions
of the required court or yard would be less than that prescribed for such
building.
Section 802
Measurement of Site
Occupancy
(a) The measurement of site occupancy or lot occupancy
shall be taken at the ground level and shall be exclusive of courts, yards, and
light wells.
(b) Courts, yards, and light wells shall be measured
clear of all projections from the walls enclosing such wells or yards with the
exception of roof leaders, wall copings, sills, or steel fire escapes not
exceeding 1.20 meters in width.
Section 803
Percentage of Site Occupancy
(a) Maximum site occupancy shall be governed by the use,
type of construction, and height of the building and the use, area, nature, and
location of the site; and subject to the provisions of the local zoning
requirements and in accordance with the rules and regulations promulgated by
the Secretary.
Section 804
Size and Dimensions of
Courts
(a) Minimum size of courts and their least dimensions
shall be governed by the use, type of construction, and height of the building
as provided in the rules and regulations promulgated by the Secretary, provided
that the minimum horizontal dimension of court shall be not less than 2.00
meters.
(b) All inner courts shall be connected to a street or
yard, either by a passageway with a minimum width of 1.20 meters or by a door
through a room or rooms.
Section 805
Ceiling Heights
(a) Habitable rooms provided with artificial ventilation
have ceiling heights not less than 2.40 meters measured from the floor to the
ceiling; Provided that for buildings of more than one-storey, the minimum
ceiling height of the first storey shall be 2.70 meters and that for the second
storey 2.40 meters and succeeding storeys shall have an unobstructed typical
head-room clearance of not less than 2.10 meters above the finished floor.
Above stated rooms with natural ventilation shall have ceiling height not less
than 2.70 meters.
(b) Mezzanine floors shall have a clear ceiling height
not less than 1.80 meters above and below it.
Section 806
Size and Dimensions of Rooms
(a) Minimum sizes of rooms and their least horizontal
dimensions shall be as follows:
1. Rooms for Human Habitations. 6.00 square meters with
at least dimensions of 2.00
2. Kitchens. 3.00 square meters with at least dimension
of 1.50 meters;
3. Bath and toilet. 1.20 square meters with at least
dimension of 0.90 meters.
Section 807
Air Space Requirements in
Determining the Size of Rooms
(a) Minimum space shall be provided as follows:
1. School Rooms. 3.00 cubic meters with 1.00 square
meter of floor area per person;
2. Workshops, Factories, and Offices. 12.00 cubic
meters of space per person;
3. Habitable rooms. 14.00 cubic meters of space per
person.
Section 808
Window Openings
(a) Every room intended for any use, not provided with
artificial ventilation system as herein specified in this Code, shall be
provided with a window or windows with a total free area of openings equal to
at least ten percent of the floor area of room, and such window shall open
directly to a court, yard, public street or alley, or open water courses.
Section 809
Vent Shafts
(a) Ventilation or vent shafts shall have a horizontal
cross-sectional area of not less than 0.10 square meter for every meter of
height of shaft but in no case shall the area be less than 1.00 square meter.
No vent shaft shall have its least dimension less than 600 millimeters.
(b) Skylights. Unless open to the outer at the top for
its full area, vent shaft shall be covered by a skylight having a net free area
or fixed louver openings equal to the maximum required shaft area.
(c) Air ducts shall open to a street or court by a
horizontal duct or intake at a point below the lowest window opening. Such duct
or intake shall have a minimum unobstructed cross-sectional area of not less
than 0.30 square meter with a minimum dimension of 300 millimeters. The
openings to the duct or intake shall not be less than 300 millimeters above the
bottom of the shaft and the street surface or level of court at the respective
ends of the duct or intake.
Section 810
Ventilation Skylights
(a) Skylights shall have glass area not less than that
required for the windows that are replaced. They shall be equipped with movable
sashes or louvers with an aggregate net free area not less than that required
for openable parts in the window that are replaced or provided with approved
artificial ventilation of equivalent effectiveness.
Section 811
Artificial Ventilation
(a) Rooms or spaces housing industrial or heating
equipment shall be provided with artificial means of ventilation to prevent
excessive accumulation of hot and/or polluted;
(b) Whenever artificial ventilation is required, the
equipment shall be designed and constructed to meet the following minimum
requirements in changes:
1. For rooms entirely above grade and used for office,
clerical, or administrative purposes, or as stores, sales rooms, restaurants,
markets, factories, workshops, or machinery rooms, not less than three changes
of air per hour shall be provided.
2. For rooms entirely above grade and used as bakeries,
hotel or restaurant kitchens, laundries other than accessory to dwellings, and
boiler rooms not less than ten changes of air per hour shall be provided.
3. For auditorium and other rooms used for assembly
purposes, with seats or other accommodations not less than 0.03 cubic meter of
air per minute shall be supplied for each person.
4. For ward and dormitories of institutional buildings
not less than 0.45 cubic meter of air per minute shall be supplied for each
person accommodated.
5. For other rooms or spaces not specifically covered
under this Section of the Code, applicable provisions of the Philippine
Mechanical Engineering Code, shall be followed.
CHAPTER IX
SANITATION
Section 901
General
Subject to the provisions of Book II of the Civil Code of the
Philippines on Property, Ownership, and its Modification, all buildings
hereafter erected, altered, remodeled, relocated or repaired for human
habitation shall be provided with adequate and potable water supply, plumbing
installation, and suitable wastewater treatment or disposal system, storm water
drainage, pest and vermin control, noise abatement device, and such other
measures required for the protection and promotion of health of persons
occupying the premises and other living nearby.
Section 902
Water Supply System
(a) Whenever available, the potable water requirements
for a building used for human habitation shall be supplied from existing
municipal or city waterworks system.
(b) The quality of drinking water from meteoric, surface
or underground sources shall conform to the criteria set in the latest approved
National Standards for Drinking Water.
(c) The design, construction and operation of deepwells
for the abstraction of groundwater shall be subject to the provisions of the
Water Code of the Philippines.
(d) The design, construction and operation of
independent waterworks, systems of private housing subdivisions or industrial
estates shall be governed by existing laws relating to local waterworks system.
(e) The water piping installations inside buildings and
premises shall conform to the provisions of the National Plumbing Code of the
Philippines.
Section 903
Wastewater Disposal System
(a) Sanitary sewage from buildings and neutralized or
pre-treated industrial wastewater shall be discharged directly into the nearest
street sanitary sewer main of existing municipal or city sanitary sewerage
system in accordance with the criteria set by the Code on Sanitation and the
National Pollution Control Commission.
(b) All buildings located in areas where there are no
available sanitary sewerage systems shall dispose their sewage “Imhoff” or
septic tank and subsurface absorption filed.
(c) Sanitary and industrial plumbing installations
inside buildings and premises shall conform to the provisions of the National
Plumbing Code.
Section 904
Storm Drainage System
(a) Rain water drainage shall not discharge to the
sanitary sewer system.
(b) Adequate provisions shall be made to drain low areas
in buildings and their premises.
Section 905
Pest and Vermin Control
(a) All buildings with hollow and/or wood construction
shall be provided with rat proofing.
(b)
Garbage bins and receptacles shall be provided with
ready means for cleaning and with positive protection against entry of pest and
vermin.
(c)
DINING rooms for public use without artificial
ventilation shall be properly screened.
Section 906
Noise Pollution Control
Industrial establishments shall be provided with positive noise
abatement devices to tone down the noise level of equipment and machineries to
acceptable limits set down by the Department of Labor and the National Pollution
Control Commission.
Section 907
Pipe Materials
All pipe materials to be used in buildings shall conform to the
Standard Specifications of the Philippine Standard Council.
CHAPTER X
BUILDING PROJECTION OVER PUBLIC STREETS
Section 1001
General Requirements
(a) No part of any building or structure or any of its
appendages shall project beyond the property line of the building site, except
as provided in this Code.
(b) The projection of any structure or appendage over a
public property shall be the distance measured horizontally from the property
line to the outermost point of the projection.
Section 1002
Projection into Alleys or
Streets
(a) No part of any structure or its appendage shall
project into any alley or street, national road or public highway except as
provided in this Code.
(b) Footings located at least 2.40 meters below grade
along national roads or public highway may project not more than 300
millimeters beyond the property line.
(c) Foundations may be permitted to encroach into public
sidewalk areas to a width not exceeding 500 millimeters; provided, that the top
of the said foundations is not less than 600 millimeters below the established
grade; and provided further, that said projections does not obstruct any
existing utility such as power, communication, gas, water, or sewer lines,
unless the owner concerned shall pay the corresponding entities for the
rerouting of the parts of the affected utilities.
Section 1003
Projection of Balconies and
Appendages Over Streets
(a) The extent of any projection over an alley or street
shall be uniform within a block and shall conform to the limitations set forth
in Table 1003-A; Projection of Balconies and Appendages (Annex B-2);
(b) The clearance between the established grade of the
street and/or sidewalk and the lowest under surface of any part of the balcony
shall not be less than 3.00 meters.
Section 1004
Arcades
(a) Whenever required by existing building and zoning
regulations, arcades shall be constructed on sidewalks of streets. The width of
the arcade and its height shall be uniform throughout the street provided, that
in no case, shall an arcade be less than 3.00 meters above the established
sidewalk grade.
Section 1005
Canopies (Marquees)
(a) Definition. A canopy or marquee is a
permanent roofed structure above a door attached to and supported by the
building and projecting over a wall or sidewalk. This includes any object or
decoration attached thereto.
(b) Projection and Clearance. The horizontal clearance
between the outermost edge of the marquee and the carb line shall be not less
than 300 millimeters. The vertical clearance between the pavement or ground
line and the under surface of any part of the marquee shall not be less than
3.00 meters.
(c) Construction. A marquee shall be
constructed of incombustible material or materials of not less than two-hours
fire-resistive construction. It shall be provided with necessary drainage
facility.
(d) Location. Every marquee shall be so
located as not to interfere with the operation of any exterior standpipe connection
or to obstruct the clear passage from stairway exits from the building or the
installation or maintenance of electroliers.
Section 1006
Movable Awnings or Hoods
(a) Definition. An awning is a movable
shelter supported entirely from the exterior wall of a building and of a type
which can be retracted, folded, or collapsed against the face of a supporting
building.
(b) Clearance. The horizontal clearance
between the awning and the curb line shall not be less than 300 millimeters.
The vertical clearance between the undermost surface of the awning and the
pavement or ground line shall be not less than 2.40 meters. Collapsible awnings
shall be so designated that they shall not block a required exit when collapsed
or folded.
Section 1007
Doors, Windows, and the like
Doors, windows and the like less than 2.40 meters above the pavement or
ground line shall not, when fully opened or upon opening, project beyond the
property line except fire exit doors.
Section 1008
Corner Buildings with
Chaflans
(a) Every corner building or solid fence on a public
street or alley less than 3.60 meter in width shall be truncated at the corner.
The face of the triangle so formed shall be at right angles to the bisector of
the angle of the intersection of the street lines; provided, that in no case,
the Secretary shall determine the size and form of the chaflan.
(b) If the building is arcaded, no chaflan is required
notwithstanding the width of the public street or alley, less than 12.00
meters.
CHAPTER XI
PROTECTION OF PEDESTRIANS DURING CONSTRUCTION OR
DEMOLITION
Section 1101
General Requirement
(a) No person shall use or occupy a street, alley or
public sidewalk for the performance of work covered by a building permit except
in accordance with the provisions of this Chapter.
(b) No person shall perform any work on any building or
structure adjacent to a public way in general use for pedestrian travel, unless
the pedestrians are protected as specified in this Chapter.
(c) Any material or structure temporarily occupying
public property, including fence, canopies, and walkways, shall be adequately
lighted, between sunset and sunrise.
Section 1102
Storage in Public Property
Materials and equipment necessary for work to be done under a permit
when placed or stored on public property shall not obstruct free and convenient
approach to and used of any fire hydrant, fire or police alarm box, utility
box, catch basin, or manhole and shall not interfere with any drainage of any
street or alley gutter.
Section 1103
Mixing Mortar or Public
Property
The mixing of mortar, concrete, or similar materials on public streets
shall not be allowed.
Section 1104
Protection of Utilities
All public or private utilities 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 utility.
Section 1105
Walkway
(a) When the Building Official authorizes a sidewalk to
be fenced or closed, or in case there is no sidewalk in front of the building
site during construction or demolition, a temporary walkway of not less than
1.20 meters wide shall be provided.
(b) The walkway shall be capable of supporting a uniform
live load of 650 kilograms per square meter. A durable wearing surface shall be
provided throughout the construction period.
Section 1106
Pedestrian Protection
(a) Protection Required. Pedestrian traffic shall
be protected by a railing on the street side when the walkway extends into the
roadway, by a railing when adjacent to excavations, and by such as set forth in
Table 1106-A: Type of Projection Required for Pedestrians (Annex B-2)
(b) Railings. Adequate railings when
required shall be built substantially strong and should be at least 1.00 meter
in height.
(c) Fences. Fences shall be built of an approved
material, not less than 2.40 meters in height above grade, and be placed on the
side of the walkway nearest to the building site. Fences shall enclose entirely
the building site. Openings in such fences shall be provided with doors which
shall be kept closed at all times.
(d) Canopies. The protective canopy
shall have a clear height of 2.40 meters above the railway, and shall be
structurally safe. Every canopy shall have a solid fence built along its entire
length on the construction side. If materials are stored or work is done on top
of the canopy, the edge along the street shall be protected by a tight curb
board not less than 300 millimeters high and a railing not less than 1.00 meter
high shall be provided. The entire structure shall be designed to carry the
loads imposed upon it: Provided, that the live load shall be not less than 600
kilograms per square meter.
Section 1107
Maintenance and Removal of
Protective Devices
(a) Maintenance. All protective devices
shall be properly maintained in place and kept in good order for the entire
length of time pedestrians may be endangered.
(b) Removal. Every protective fence or
canopy shall be removed within 30 days after such protection is no longer
required as determined by the Building Official.
Section 1108
Demolition
(a) The work of demolishing any building shall not be
commended until all the necessary pedestrian protective structures are in
place.
(b) The Building Official may require the permittee to
submit plans, specifications and complete schedule of demolition. When so
required, no work shall be done until such plans, specifications and schedule
are approved by the Building Official.
Part 2 here
Part 2 here
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