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IMPLEMENTING RULES AND REGULATIONS, Exams of Construction

CODE – PD 1096, otherwise known as the National Building Code of the Philippines. CONSTRUCTION – All on-site work done in the site preparation, excavation, ...

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IMPLEMENTING RULES AND
REGULATIONS
OF THE
NATIONAL BUILDING CODE
OF THE PHILIPPINES
(PD 1096)
OFFICIAL TEXT
2005 REVISED EDITION
INCLUDES
NBCDO MEMORANDUM CIRCULAR NO. 1, s. 2004
SCHEDULE OF FEES & OTHER CHARGES
NBCDO MEMORANDUM CIRCULAR NO. 2004-2
NBC FORMS
LEGAL OPINIONS
P.D. 1096 (National Building Code)
R.A. 544 (Civil Engineering Law)
R.A. 9266 (New Architecture Act of 2004)
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IMPLEMENTING RULES AND

REGULATIONS

OF THE

NATIONAL BUILDING CODE

OF THE PHILIPPINES

(PD 1096)

OFFICIAL TEXT

2005 REVISED EDITION

INCLUDES

∞ NBCDO MEMORANDUM CIRCULAR NO. 1, s. 2004

∞ SCHEDULE OF FEES & OTHER CHARGES

∞ NBCDO MEMORANDUM CIRCULAR NO. 2004-

∞ NBC FORMS

∞ LEGAL OPINIONS

∞ P.D. 1096 (National Building Code)

∞ R.A. 544 (Civil Engineering Law)

∞ R.A. 9266 (New Architecture Act of 2004)

TABLE OF CONTENTS

T I T L E P A G E

Foreword…………………………………………………………………….... vii Acknowledgement…………………………………………………………… viii Special Order No. 43 Series of 2005…………………………………………. ix NBCDO Memorandum Circular No. 01 Series of 2005…………………. x

RULE I - GENERAL PROVISIONS

SECTION

101 Title ………………………………………………….………………….….….. 1 102 Declaration of Policy………………………………………………….……….. 1 103 Scope and Application……………….……………………………….………. 1 104 General Building Requirements………………………………………..…….. 1 105 Site Requirements…………………………………………………………….. 2 106 Definitions…………………………………………………….…………..…….. 2 - 3

RULE II - ADMINISTRATION AND ENFORCEMENT

201 Responsibility for Administration and Enforcement………………….……… 4 202 Technical Staff………………………………………….……………….……... 4 203 General Powers and Functions of the Secretary………………………….… 4 204 Professional and Technical Assistance..……………………………..…….… 4 - 5 205 Building Officials………………………………………….…………….……..… 5 206 Qualifications of Building Officials…………………………………….……..… 5 207 Duties of the Building Official…………………………………………..…….… 5 - 7 208 Fees…………………………………………………….……………………..... 7 209 Exemption…………………………………………………………………….….. 7 210 Use of Income from Fees………………………………….……………....…. 7 - 12 211 Implementing Rules and Regulations……………………………………...... 12 212 Administrative Fines……………………………………….………………... 12 - 14 213 Penal Provisions……………….…………………………………………..…. 14 214 Dangerous and Ruinous Buildings or Structures…………….………….…. 14 - 15 215 Abatement of Dangerous Buildings………………………………………....… 15 - 16 216 Other Remedies……………………………………………….………………. 16 Procedure in Enforcing Administrative Sanctions 17 - 18 Procedure for Abatement/Demolition of Dangerous/Ruinous Buildings/Structures……………………………. 19

RULE III - PERMITS AND INSPECTION

301 Building Permits………………………………………………………………... 20 - 21 302 Application for Permits………………………………………………………..… 21 - 28 303 Processing of Building Permits………………………….………………....…. 28 - 32 304 Issuance of Building Permits....………………………….…………….…….… 32 - 33 305 Validity of Building Permits………………………………………………...….. 33 306 Non-issuance, Suspension or Revocation of Building Permits………..…… 34 307 Appeal………………………………………………………………………….... 35 308 Inspection and Supervision of Work……………………………………..….. 35 309 Certificate of Occupancy……………………………………….…………..… 35 - 36

RULE IV - TYPES OF CONSTRUCTION

401 Types of Construction……………………………………………………..…... 37

RULE X - BUILDING PROJECTION OVER PUBLIC

RULE XI - PROTECTION OF PEDESTRIANS DURING

RULE XII - GENERAL DESIGN AND CONSTRUCTION

RULE XIII - ELECTRICAL AND MECHANICAL

Electrical Forms: 317 - 331

NBC Form No. E - 01 Notice of Unsafe Electrical Installation………………………….... 317 NBC Form No. E - 02 Notice of Illegal Electrical Installation…………………………...….. 318 NBC Form No. E - 03 Permit for Temporary Service Connection……………………… 319 - 320 NBC Form No. E - 04 Certificate of Electrical Inspection for Temporary Power Connection…………………….……………..….. 321 NBC Form No. E - 05 Certificate of Final Electrical Inspection………………………..…... 322 NBC Form No. E - 06 Certificate of Annual Electrical Inspection…………………….…… 323 NBC Form No. E - 07 Certificate of Operation: Indoor/Outdoor Station Transformer………………………………………….…….… 324 NBC Form No. E - 08 Certificate of Operation: HV/MV Primary Disconnecting Means…………………….……………..….. 325 NBC Form No. E - 09 Certificate of Operation: Incoming Low Voltage Switchgear………………………………….……………..… 326 NBC Form No. E - 10 Certificate of Operation: Power Distribution Panels………………………………………..….. 327 NBC Form No. E - 11 Certificate of Operation: Lighting Distribution Panels………………………….………….…... 328 NBC Form No. E - 12 Certificate of Operation: Generator/UPS………………………..…. 329 NBC Form No. E - 13 Certificate of Operation: Motor Control Centers………………..…. 330 NBC Form No. E - 14 Certificate of Operation: Automatic/Manual Transfer Switch…………….………………...…. 331

Mechanical Forms: 332 - 341

NBC Form No. M - 01 Notice of Illegal Mechanical Installations………………………… 332 NBC Form No. M - 02 Notice of Mechanical Requirements……………………………. 333 NBC Form No. M - 03 Certificate of Inspection: Steam Boiler/ Certificate of Operation: Steam Boiler…………………..………..... 334 NBC Form No. M - 04 Certificate of Inspection: Unfired Pressure Vessels/ Certificate of Operation: Unfired Pressure Vessels……………….. 335 NBC Form No. M - 05 Certificate of Inspection: Gas Pipe and/or Burner/ Certificate of Operation: Gas Pipe and/or Burner……………..….. 336 NBC Form No. M - 06 Certificate of Operation: Internal Combustion Engine………….… 337 NBC Form No. M - 07 Certificate of Operation: Machinery…………………………….…... 338 NBC Form No. M - 08 Certificate of Operation: Elevator/Dumbwaiter….…………….…... 339 NBC Form No. M - 09 Certificate of Operation: Escalator………………………………..… 340 NBC Form No. M - 10 Certificate of Operation: Air-Conditioning/Refrigeration……………………………………... 341

FOREWORD

Presidential Decree 1096, popularly known as the National Building Code of the Philippines, which was issued on February 19, 1977 has achieved the purpose of enforcing uniform standards and requirements on building design, construction, use, occupancy and maintenance in line with the policy of the state to safeguard life, health, property and public welfare.

The original rules and regulations of the Code were issued on various dates in 1977- through Memorandum Orders by the defunct Ministry of Public Works, Transportation and Communications. These rules and regulations were then compiled by the then Ministry of Public Works, now the Department of Public Works and Highways. This compilation was subsequently approved as the “Implementing Rules and Regulations” (IRR) of the Code.

The need to update and amplify various provisions of the existing IRR has become imperative to be realistic and relevant in the present times as demanded by technological changes in building design and construction, rapid urbanization, development of mega cities characterized by high-rise buildings/structures and the relevant requirements of related laws and other government agencies.

This revised IRR includes additional provisions so that each of the Chapters of PD 1096 now has its corresponding rules and regulations. For the purpose of clarity, continuity and homogeneity, the rules and regulations are rearranged following the same sequence and numbering as those of the Chapters and Sections of the Code. Included also in this publication are Permit Forms relevant in the implementation and enforcement of PD 1096.

The realization of this revised IRR is made possible through the efforts of the National Building Code Review Committee and its Board of Consultants and the National Building Code Development Office of the Department of Public Works and Highways.

It is hoped that this publication will contribute to a uniform and clearer interpretation and understanding of the Code for its effective enforcement.

Republic of the Philippines DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS OFFICE OF THE SECRETARY Bonifacio Drive, Port Area, Manila

Jul 06 2005

SPECIAL ORDER

SUBJECT: COMPOSITION OF THE

NO.___________ NATIONAL BUILDING CODE

Series of 2005 DEVELOPMENT OFFICE x-x-x-x-x-x-x-x-x-x-x (NBCDO)

Pursuant to Department Order No. 82 series of 2000 reactivating and reconstituting the Building Research and Development Staff and renaming it as the National Building Code Development Office (NBCDO) the following personnel shall compose the NBCDO as per attached approved organizational chart.

EMMANUEL P. CUNTAPAY - Acting Executive Director, NBCDO In Concurrent capacity and Chief, Architectural Division, Bureau of Design

DANTE B. POTANTE - Acting Deputy Executive Director Project Manager OIC, Director III, Bureau of Design TECHNICAL STAFF:

  1. Wilfredo S. Lopez - Bureau of Design
  2. Mariano C. Del Castillo - Bureau of Design
  3. Jaime A. Avellaneda - Bureau of Design
  4. Jaime S. Pedro - Bureau of Design
  5. Eriberto Sioson - Bureau of Design
  6. Josephine P. Isturis - Bureau of Design
  7. Valeriano L. Esquibal - Bureau of Design
  8. Jacinto B. Sebastian - Bureau of Design
  9. Rodolfo Somera - Bureau of Construction
  10. Ferdinand Briones - Bureau of Design
  11. Ellison M. De Guzman - Bureau of Design
  12. Lucia B. Vargas - National Capital Region
  13. Mario E. Palileo - Bureau of Research & Standard
  14. Emmanuel R. Martinez - Legal Service
  15. Vincent A. Beran - Bureau of Design
  16. Joyce P. Banatao - Bureau of Design

ADMINISTRATIVE STAFF:

  1. Marilyn A. Oba 4. Marlon B. Turingan
  2. Gregoria R. Flores 5. Donna Leuterio
  3. Frances Xyra R. Flores

The assignment of the members of the technical and administrative staff shall be on full-time basis. However, they will continue to draw their salaries/wages from their mother unit

This Order shall take effect immediately

NBCDO/EPC/ylg Special Order – Composition of NBCDO

43

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 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

  1. For purposes of this IRR, the following definitions shall apply:

ADDITION – Any new construction which increases the height and/or floor area of existing buildings/structures.

AGENCY OF THE GOVERNMENT – Refers to any of the various units of the government including a department, bureau, office, instrumentality, or government owned or controlled corporation.

ALTERATION – Works in buildings/structures involving changes in the materials used, partitioning, location/size of openings, structural parts, existing utilities and equipment but does not increase the building height and/or floor area.

APPLICATION FORMS – A preformatted prescribed application form duly accomplished and notarized by the respective design professional with validation matrices related to other building rules and regulations.

APPLICANT/PERMITTEE – Any person, firm, partnership, corporation, head of government or private institution, organization of any character applying for the issuance of permits and certificates.

BUILDING OFFICAL – the Executive Officer of the OBO appointed by the Secretary.

BUILDING PERMIT – A document issued by the Building Official (BO) to an owner/applicant to proceed with the construction, installation, addition, alteration, renovation, conversion, repair, moving, demolition or other work activity of a specific project/building/structure or portions thereof after the accompanying principal plans, specifications and other pertinent documents with the duly notarized application are found satisfactory and substantially conforming with the National Building Code of the Philippines (the Code) and its Implementing Rules and Regulations (IRR).

CODE – PD 1096, otherwise known as the National Building Code of the Philippines.

CONSTRUCTION – All on-site work done in the site preparation, excavation, foundation, assembly of all the components and installation of utilities, machineries and equipment of buildings/structures.

CONVERSION – A change in the use or occupancy of buildings/structures or any portion/s thereof, which has different requirements.

DEMOLITION – The systematic dismantling or destruction of a building/structure, in whole or in part.

DEPARTMENT – The Department of Public Works and Highways (DPWH).

EXECUTIVE DIRECTOR – The Executive Officer or Head of the NBCDO.

MOVING – The transfer of buildings/structures or portion/s thereof from original location or position to another, either within the same lot or to a different one.

OFFICE OF THE BUILDING OFFICIAL (OBO) – The Office authorized to enforce the provisions of the Code and its IRR in the field as well as the enforcement of orders and decisions made pursuant thereto.

REFERRAL CODES – The applicable provisions of the various agency and technical professional codes that are supplementary to the Code.

RENOVATION – Any physical change made on buildings/structures to increase the value, quality, and/or to improve the aesthetic.

REPAIR – Remedial work done on any damaged or deteriorated portion/s of building/structure to restore to its original condition.

SECRETARY – Head or Chief Executive Officer of DPWH.

STAFF – The personnel of the National Building Code Development Office (NBCDO).

  1. As used in this IRR, other words, terms and phrases enumerated in the Glossary hereof shall have the meaning or definition correspondingly provided therein.

SECTION 205. Building Officials

Except as otherwise provided herein, the Building Official shall be responsible for carrying out the provisions of the Code in the field as well as the enforcement of orders and decisions made pursuant thereto.

All Building Officials appointed or designated other than by the Secretary, shall continue to act as the Building Official until such time that the Secretary appoints the Building Official. Offices of the Building Officials already established, separate and distinct from the office of the City/Municipal Engineers in cities and municipalities may continue to exist until such time that a regular office is created. (Fig. II.1.)

SECTION 206. Qualifications of Building Officials

No person shall be appointed as 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 five (5) years endorsed or recommended by the accredited professional organization.
  4. Has at least five (5) years of diversified and professional experience in building design and construction.
  5. Has attended and successfully completed a seminar workshop on PD 1096 and its IRR conducted by the DPWH.

SECTION 207. Duties of the Building Official

The Building Official shall have the following duties:

  1. Be primarily responsible for the enforcement of the provisions of the Code and its IRR, as well as circulars, memoranda, opinions and decisions/orders issued pursuant thereto. His actions shall always be guided by appropriate orders/directives from the Secretary.
  2. Have overall administrative control and/or supervision over all works pertinent to buildings/structures in his area of responsibility and shall be charged with the processing of all permit applications and certificates as well as the issuance of the same.
  3. Ensure that all changes, modifications, and alterations in the design plans during the construction phase shall not start until the modified design plan has been evaluated and the necessary amendatory permit issued.
  4. Undertake annual inspections of all buildings/structures and keep an up-to-date record of their status.

Figure II.1.

Figure II.2.

c. Every Building Official shall keep a separate record from the DPWH Central Office of all allotments (Special Allotment Release Order (SARO) and Notice of Cash Allocation (NCA), or Funding Checks), received by him out of budgeted amounts released by the Department of Budget and Management (DBM). The funds shall cover all the necessary operating expenses of the OBO, including the purchase of equipment, supplies and materials, traveling expenses, obligation expenses and sheriffs’ fees and payment of other prior years’ obligations not adequately funded, subject to existing budgetary and auditing rules and regulations.

d. He shall render the reports required under the Centralized Accounting System.

  1. Disposition of Collections

a. The collection shall be made by the Local Treasurer, and the Official Receipt shall show the breakdown of the total collections indicating the share of the local government concerned - 80% and the share of the national government - 20%.

b. Subject to existing budgetary, accounting and auditing rules and regulations, the Local Treasurer shall remit to the Bureau of the Treasury, the 20% of his collection. The remaining 80% shall be deposited with the Authorized Government Depository Bank (AGDB) for the account of the Local Government and shall accrue to the general funds of the City or Municipality concerned.

c. Pursuant to Sec. 21, Volume I of the New Government Accounting System (NGAS) Manual as provided under COA Circular No. 2001-004 dated October 30, 2001, the Local Treasurer thru his collecting officer or cashier shall deposit the 80% share of collections to the AGDB for the account of the Local Government concerned. He shall remit the 20% of the collections to the Bureau of the Treasury thru any AGDB branch nearest the locality to the credit of the Department of Public Works and Highways (DPWH), Office of the Secretary with Code No. B5702 and Special Account No. 151.

d. Distribution of validated remittance advices and deposit slips of the 20% collections thru any Authorized Government Depository Bank shall be in accordance with COA Circular 2001-004, to wit:

Original - to be retained by the bank branch.

Duplicate - to be submitted by the Local Treasurer to the OBO.

Triplicate - to be retained by the bank branch for submission to the Provincial

Treasury Fiscal Examiner assigned to the province where the bank is

located.

Quadruplicate - to be returned to the Local Treasurer for submission to the DPWH-

Central Office (CO) Chief Accountant with his monthly report of

collections.

Quintuplicate - to be returned to the Local Treasurer for submission to the Field/Local

Auditor.