PRESIDENTIAL DECREE (P.D.) NO. 1096 ADOPTING A NATIONAL BUILDING

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PRESIDENTIAL DECREE (P.D.) 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 ofr 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 therefor, 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 therefor. 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 thereunder 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
therefor 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 therefor 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
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