Article 112Supplement v1, p. 112

COMMERCIAL LAWS SUPPLEMENT

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, travelling 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 3 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 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,

© Compiled by RGL

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