Article 111Supplement v1, p. 111

COMMERCIAL LAWS SUPPLEMENT

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 1 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, siting,

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 2 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.

© Compiled by RGL

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