Design Laws

Bicol University College of Engineering Architecture Department Legazpi City
CODE STUDY ON CORPORATE BUILDING DESIGN

A Code Study on Designing a Corporate Building Located in Makati Central Business Park
Prepared by: Palevino, Marinet O. BS Architecture 4A Submitted to: Architect Dealca, Ramon E. Professor
CODE STUDY ON CORPORATE BUILDING DESIGN A. Batas Pambansa Blg. 344 An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions, Establishments and Public Utilities to install Facilities and Other Devices IRR of BP 344 4.1.1 Building and related structures to be constructed a). At the space where the primary function is served and where facilities and ingress/egress of the building or structure are located, as to make such space accessible to the disabled persons; provided, however, that where the primary function can be served at the ingress level and where such level is provided with facilities, requirements for accessibility at other levels may be waived. c). Ingress/egress from the street to the building or structure shall be made accessible. d). Accessible slots in parking areas shall be located as near as possible to ingress/egress spaces of the building or structure. RULE II MINIMUM REQUIREMENTS FOR ACCESSIBILITY 1.2.3 In determining the minimum dimensions for furniture and fixtures accessible to disabled persons, the following anthropometrics data shall serve as guides for design: The length of wheelchairs varies from 1.10 m to 1.30 m . The width of wheelchairs is from 0.60 m to 0.75 m . A circle of 1.50 m in diameter is a suitable guide in the planning of wheelchair turning spaces . The comfortable reach of persons confined to wheelchairs is from 0.70 m to 1.20 m above the floor and not less than 0.40 m from room corners. The comfortable clearance for knee and leg space under tables for wheelchair users is 0.70 m. 1.3 BASIC PHYSICAL PLANNING REQUIREMENTS 1.3.1 ACCESSIBILITY. The built environment shall be designed so that it shall be accessible to all people. This means that no criteria shall impede the use of facilities by either the handicapped or nondisabled citizens. 1.3.2 REACHABILITY. Provisions shall be adapted and introduced to the physical environment so that as many places or buildings as possible can be reached by all. 1.3.3 USABILITY. The built environment shall be designed so that all persons, whether they be disabled or not, may use and enjoy it. 1.3.4 ORIENTATION. Finding a persons way inside and outside of a building or open space shall be made easy for everyone. 1.3.5 SAFETY. Designing for safety insures that people shall be able to move about with less hazards to life and health. 1.3.6 WORK ABILITY AND EFFICIENCY. The built environment shall be designed to allow the disabled citizens to participate and contribute to developmental goals 2. ARCHITECTURAL FEATURES AND FACILITIES 2.1 Architectural facilities and features: 2.1.1 A Stairs Toilets 2.1.2 B Walkways 2.1.6 F Lifts/Elevator 2.1.3 C Corridors 2.1.7 G Ramps 2.1.4 D Doors and Entrance 2.1.8 H Parking Areas 2.1.5 E Washrooms and 2.1.9 I Switches, Controls, PALEVINO, Marinet O. BS Ar. 4A
Buzzers 2.1.10 J Handrails 2.1.11 K Thresholds 2.1.12 L Floor Finishes 2.1.13 M Drinking Fountains Page 1
CODE STUDY ON CORPORATE BUILDING DESIGN 2.1.14 N Public Telephones Accommodations 2.1.15 O Seating 4. Category II The following requirement shall apply to both government and privately owned buildings. 4.1 Group B 4.1.1 Accessories, tenement houses and/or row houses, apartment houses and/or town houses. One (1) unit for every 50 units up to 150 units and an additional unit for every 100 units thereafter. Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, and L. 4.1.2 Hotels, motels, inns, pension houses and/or apartels. One (1) unit per every 50 units up to 150 units and additional unit for every 100 units at ingress level. In case there is no barrier-free elevators: at least one (1) unit shall be provided at ingress level. Barrier-free facilities and features required in: A, B, C, D, E, F, G, H, I, J, K, L, M, and N. 4.4.4 Office buildings Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N. 7. STANDARD OF ACCESSIBILITY FOR SPECIAL TYPE OF FACILITIES a) Seating for the disabled shall be accessible from the main lobby to primary entrances, together with related toilet facilities. b) In all assembly places where seating accommodation is provided, there shall be spaces for the disabled persons as provided. Seating Capacity Wheelchair Seating Space c) When the seating capacity exceeds 500 an additional wheelchair seating space shall be provided for each total seating capacity increase of 100 seats. d) Readily removable seats may be installed in these spaces when such spaces are not required to accommodate wheelchair users. 8. COMPUTATION OF ACCESSIBLE UNITS In the computation for the allocation of accessible units and seating capacity decimal greater than 0.5 shall be considered as one unit. In all cases a minimum of one (1) accessible unit shall be provided. 9. APPLICATION OF BARRIER-FREE FACILITIES AND FEATURES 9.1 Graphic signs shall be bold and conspicuously installed in every access from point of entry to connecting destination. 9.2 Walkways shall be provided with adequate passageway in accordance with provision. 9.3 Width of corridors and circulation system integrating both and vertical access to ingress/egress level of the building shall be provided. 9.4 Doors and entrances provided herein used as entry points at entrance lobbies as local points of congregation shall be designed to open easily or accessible from floor or to any point of destination. 9.5 Washroom and toilets shall be accessible and provided with adequate turning space. 9.6 Whenever elevator/s is required it should meet the requirements provide. 9.7 Ramps shall be provided as means of access to level of change going to entry points and entrances, lobbies influenced by condition of location or use. 9.8 Parking areas shall be provided with sufficient space for the disabled persons to allow easy transfer from car park to ingress/egress levels. 9.9 Height above the floor or switches and controls shall be in accordance with the provisions. 9.10 Handrails shall be provided at both sides of ramps. PALEVINO, Marinet O. BS Ar. 4A Page 1
CODE STUDY ON CORPORATE BUILDING DESIGN 9.11 Floors provided for every route of the wheelchair shall be made of nonskid material. 9.12 Water fountains shall be installed as required.
National Building Code of the Philippines

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
PALEVINO, Marinet O. BS Ar. 4A
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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.
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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
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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
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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 thereunder 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
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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 therefor 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
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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 therefrom 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. Type I buildings shall be a wood construction. The structural elements may be any of the materials permitted by this Code. (2) Type II. Type II buildings shall be of wood construction with protective fire-resistant materials and one-hour fireresistive throughout: Except, that permanent non-bearing partitions may use fire-retardant treated wood within the framing assembly. (3) Type III. 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. Type IV buildings shall be of steel, iron, concrete, or masonry construction. Walls, ceiling, and permanent partitions shall be of incombustible fireresistive construction: Except, that permanent nonbearing partitions of one-hour fire-resistive construction may use fire-retardant treated wood within the framing assembly. (5) Type V. 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,
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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.
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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, threehours,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 flamespread 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, fireresistive 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.
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(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.sa d Division 2. Nurseries for full-time care of children under kindergarten age, hospitals, sanitaria, nursing homes with nonambulatory 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 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 nonexplosive 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,
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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. rcraft 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 subgroupings 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
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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 FireResistive", "Two-Hour Fire Resistive", "ThreeHour FireResistive" 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 fireresistive 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 FireResistive 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 fireassembly 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,
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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
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by one or more area separation walls may be considered a separate building provided the area separation walls meet the requirements prescribed therefor 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 .
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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,
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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 a 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.
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Section 809. Vent Shafts. (a) Ventilation or vent shafts shall have a horizontal crosssectional 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 wards and dormitories of institutional buildings not less than 0.45 cubic meter of air per minute shall be supplied for each person accommodated.
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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 pretreated 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 system 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.
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(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 vermins. (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
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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 twohours 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
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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 keep closed at all times. (d) Canopies. The protective canopy shall have a clear height
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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 an 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. CHAPTER XII GENERAL DESIGN AND CONSTRUCTION REQUIREMENTS Section 1201. General Requirements. Buildings proposed for construction shall comply with all the regulations and specifications herein set forth governing quality, characteristics and properties of materials, methods of design and construction, type of occupancy and classification. All other matters relative to the structural design of all buildings and other structures not provided for in this Chapter shall conform with the provisions of the National Structural Code of Buildings, as adopted and promulgated by the Board of Civil Engineering pursuant to the Republic Act Number 544, as amended, other wise known as the "Civil Engineering Law". Section 1202 Excavation, Foundation and Retaining Walls. (a) Subject to the provisions of Articles 684 to 686 of the Civil Code of the Philippines on lateral and subjacent support, the design and quality of materials used structurally in excavation, footings, and in foundations shall conform to accepted engineering practice. (b) Excavation and Fills (1) Excavation or fills for buildings or structures shall be so constructed or protected that they do not endanger life or property. (2) Whenever the depth of excavation for any construction is such that the lateral and subjacent support of the adjoining property or existing structure thereon would be affected in a
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manner that the stability or safety of the same is endangered, the person undertaking or causing the excavation to be undertaken shall be responsible for the expense of underpinning or extending the foundation or footings of the aforementioned property or structure. (3) Excavation and other similar disturbances made on public property shall, unless otherwise excluded by the Building Official, be restored immediately to its former condition within 48 hours from the start of such excavation and disturbances by whosoever caused such excavation or disturbance. (c) Footings, Foundations, and Retaining Walls (1) Footings and foundations shall be of the appropriate type, of adequate size, and capacity in order to safely sustain the superimposed loads under seismic or any conditions of external forces that may affect the safety or stability of the structure. It shall be the responsibility of the architect and/or engineer to adopt the type and design of the same in accordance with the standards set forth by the Secretary. (2) Whenever or wherever there exists in the site of the construction an abrupt change in the ground levels or level of the foundation such that instability of the soil could result, retaining walls shall be provided and such shall be of adequate design and type of construction as prescribed by the Secretary. Section 1203. Veneer. (a) Definition. Veneer is a non structural facing of brick, concrete, tile, metal, plastic, glass, or other similar approved materials attached to a backing or structural components of the building for the purpose of ornamentation, protection, or enclosure that may be adhered, integrated, or anchored either on the interior or exterior of the building or structure. (b) Design Requirements. The design of all veneer shall comply with the following: (1) Veneer shall support no load other than its own weight and the vertical dead load of veneer immediately above. (2) Surfaces to which veneer is attached shall be designed to support the additional vertical and lateral loads imposed by the veneer. (3) Consideration shall be given to differential movements of the supports including those caused by temperature changes, shrinkage, creep, and deflection. (4) Adhered veneer and its backing shall be designed to have a bond to the supporting elements sufficient seismic effects on the total assemblage.
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(5) Anchored veneer and its attachment shall be designed to resist horizontal forces equal to twice the weight of the veneer. (6) Anchors supports and ties shall be noncombustible and corrosion-resistant. Section 1204. Enclosure of Vertical Openings. (a) General. Vertical openings shall be enclosed depending upon the fire-resistive requirements of a particular type of construction as set forth in this Code. (b) Elevator Enclosures. Walls and partitions enclosing elevators and escalators shall be of not less than the fire-resistive construction required under the Types of Construction. Enclosing Walls of elevator shafts may consist of wire glass set in metal frames on the entrance side only. Elevator shafts extending through more than two storeys shall be equipped with an approved means of adequate ventilation to and through the main roof of the building: Provided, that in those buildings housing Groups F and G Occupancies equipped with automatic fireextinguishing systems throughout, enclosures shall not be required for escalators: Provided, further that the top of the escalator opening at each storey shall be provided with a draft curtain. Such draft curtain shall enclose the perimeter of the unenclosed opening and shall extend from the ceiling downward at least 300 millimeters on all sides. Automatic sprinkles shall be provided around the perimeter of the opening and within a 600 millimeters of the draft curtain. The distance between the sprinkles shall not exceed 1.80 meters center-to-center. (c) Other Vertical Openings. All shafts, ducts, chutes, and other vertical openings not covered in paragraph (b) above shall have enclosing walls conforming to the requirements specified under the type of construction of the building in which they are located. In other than Group A Occupancies rubbish and linen chutes shall terminate in rooms separated from the remainder of the building by a One-Hour Fire-Resistive Occupancy Separation. Openings into the chutes shall not be located in required exit corridors or stairways. (d) Air Ducts. Air ducts passing through a floor shall be enclosed in a shaft. The shaft shall be as required in this Code for vertical openings. Dampers shall be installed where ducts pierce the shaft enclosure walls.r ducts in Group A Occupancies need not be enclosed in a shaft if conforming to the mechanical provisions of this Code. Section 1205. Floor Construction. (a) Floors shall be of such materials and construction as specified under Chapter 5 Fire- Zones and Fire-Resistive Standards and under Chapter 6 - Types of Construction. (b) All floors shall be so framed and secure into the framework and supporting walls as to form an integral part of the whole building. (c) The types of floor construction used shall provide means to
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keep the beam and girders from lateral buckling. Section 1206. Roof Construction and Covering. (a) Roof Covering. Roof covering for all buildings shall be either fire-retardant or ordinary depending upon the fireresistive requirements of the particular type of construction. The use of combustible roof insulation shall be permitted in all types of construction provided it is covered with approved roof covering applied directly thereto. (b) Roof Trusses. All roofs shall be so framed and tied into the framework and supporting walls so as to form an integral part of the whole building. Roof trusses shall have all joints well fitted and shall have all tension members well tightened before any load is placed in the truss. Diagonal and sway bracing shall be used to brace all roof trusses. The allowable working stresses of materials in trusses shall conform to this Code. Camber shall be provided to prevent sagging. (c) Attics (1) Access. An attic access opening shall be provided in the ceiling of the top floor of buildings with a combustible ceiling or roof construction. The opening shall be located in a corridor or hallway of buildings of three or more storeys in height, and readily accessible in buildings of any height. An opening shall not be less than 600 millimeters square or 600 millimeters in diameter. The minimum clear headroom of 800 millimeters shall be provided above the access opening. For ladder requirements, refer to the Philippine Mechanical Engineering Code. (2) Area Separation. Enclosed attic spaces of combustible construction shall be divided into horizontal areas not exceeding 250 square meters by fire-resistive partitions extending from the ceiling to the roof. Except, that where the entire attic is equipped with an approved automatic fire-extinguishing system, the attic space may be divided into areas not to exceed 750 square meters. Openings in the partitions shall be protected by self-closing doors. (3) Draft Stops. Regardless of the type of construction, draft stops shall be installed in trusses roofs, between roof and bottom chords or trusses, in all buildings exceeding 2000 square meters. Draft stops shall be constructed as for attic area separations. (4) Ventilation. Enclosed attics including rafter spaces formed where ceilings are applied direct to the underside or roof rafters, shall be provided with adequate ventilation protected against the entrance of rain.
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(d) Roof Drainage System. (1) Roof Drains. Roof drains shall be installed at low points of the roof and shall be adequate in size to discharge all tributary waters. (2) Overflow Drains and Scuppers. Where roof drains are required, adequate overflow drains shall be provided. (3) Concealed Piping. Roof drains and overflow drains, when concealed within the construction of the building, shall be installed in accordance with the provisions of the National Plumbing Code. (4) Over Public Property. Roof drainage water from a building shall not be permitted to flow over public property, except for Group A and J Occupancies. (e) Flashing. Flashing and counter flashing shall be provided at the juncture of the roof and vertical surfaces. Section 1207. Stairs, Exits and Occupant Loads. (a) General. The construction of stairs and exits shall conform to the occupant load requirements of buildings, reviewing stands, bleachers and grandstands: (1) Determinations of Occupant Loads. The Occupant load permitted in any building or portion thereof shall be determined by dividing the floor area assigned to that use by the unit area allowed per occupant as determined by the Secretary. (2) Exit Requirements. Exit requirements of a building or portion thereof used for different purposes shall be determined by the occupant load which gives the largest number of persons. No obstruction shall be placed in the required width of an exit except projections permitted by this Code. (3) Posting of Room Capacity. Any room having an occupant load of more than 50 where fixed seats are not installed, and which is used for classroom, assembly, or similar purpose shall have the capacity of the room posted in a conspicuous place near the main exit from the room. (4) Changes in Elevation. Except in Groups A Occupancies, changes in floor elevations of less than 300 millimeters along any exit serving a tributary occupant load of 10 or more shall be by means of ramps. (b) Exits (1) Number of Exits. Every building or usable portion thereof shall have at least one exit. In all occupancies, floors above the first storey having an occupant load of more than 10 shall not have less than two exits. Each mezzanine floor used for other than storage purposes, if greater in
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area than 185 square meters or more than 18.00 meters in any dimension, shall have at least than two stairways to an adjacent floor. Every storey or portion thereof, having an occupant load of 500 to 999 shall have at least three exits. Every storey or portion thereof having an occupant load of 1000 or more shall have at least four (4) exits. The number of exits required from any storey of a building shall be determined by using the occupant loads of floors which exit through by using the occupant loads of floors which exit through the level under consideration as follows: 50 percent of the occupant load in the first adjacent storey above (and the first adjacent storey below, when a storey below exits through the level under consideration) and 25 percent of the occupant load in the storey immediately beyond the first adjacent storey. The maximum number of exits required for any storey shall be maintained until egress is provided from the structures. For purposes of this Section basement or cellars and occupied roofs shall be provided with exits as required for storeys. Floors above the second storey, basements and cellars used for other than service of the building shall have not less than two exits. (2) Width. The total width of exits in meters shall not be less than the total occupant load served divided by 165. Such width of exits shall be divided approximately equally among the separate exits. The total exit width required from any storey of a building shall be determined by using the occupant load of that storey plus the percentage of the occupant loads of floors which exits through the level under consideration as follows: fifty (50) per cent of the occupant load in the first adjacent storey above (and the first adjacent storey below when a storey below exits through the level under consideration) and twenty five per cent of the occupant load in the storey immediately beyond the first adjacent storey. The maximum exit width from any storey of a building shall be maintained. (3) Arrangement of Exits. If only two exits are required they shall be placed a distance apart to not less than one-fifth of the perimeter of the area served measured in a straight line between exits. Where three or more exits are required they shall be arranged a reasonable distance apart so that if one becomes blocked, the others will be available. (4) Distance to Exits. No point in a building without
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a sprinkle system shall be more than 45.00 meters from an exterior exit door, a horizontal exit, exit passageway, or an enclosed stairway, measured along the line of travel. In a building equipped with a complete automatic fire extinguishing system the distance from exits may be increased to 60.00 meters. (c) Doors. The provisions herein shall apply to every exit door serving an area having an occupant load of more than 10 or serving hazardous rooms or areas. (1) Swing. Exit door shall swing in the direction of exit travel when serving any hazardous areas or when serving an occupant load of 50 or more. Double acting doors shall not be used as exits serving a tributary occupant load of more than 100; nor shall they be used as a part of fire assembly, nor equipped with public hardware. A double acting door shall be provided with a view panel of not less than 1,300 square centimeters. (2) Type of Lock or Latch. ? Exit door shall be openable from the inside without the use of a key or any special knowledge or effort: Except, that this requirement shall not apply to exterior exit doors in a Group E or F Occupancy if there is a conspicuous, readily visible and durable sign on or adjacent to the door, stating that the door is to remain unlocked during business hours. The locking device must be of a type that will readily be distinguishable as locked. Flush bolts or surface bolts are prohibited. (3) Width and Height. Every required exit doorway shall be of a size as to permit the installation of a door not less than 900 millimeters in width and not less than 2.00 meters in height. When installation in exit doorways, exit doors shall be capable of openings at least 90 decrees and shall be so mounted that the clear width of the exit way is not less than 700 millimeters. In computing the required exit width the net dimension of the exitway shall be used. (4) Door Leaf Width. No leaf of an exit door shall exceed 1.20 meters in width. (5) Special Doors. Revolving, sliding, and overhead doors shall not be used as required exits. (6) Egress from Door. Every required exit door shall give immediate access to an approved means of egress from the building. (7) Change in Floor Level at Doors. Regardless of the occupant load there shall be a floor or landing on each side of an exit door. The floor or landing shall be leveled with, or not more than 50 millimeters lower than the threshold of the
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doorway: Except, that in Group A and B occupancies, a door may open on the top step of a flight of stairs or an exterior landing provided the door does not swing over the top step or exterior landing and the landing is not more than 200 millimeters below the floor level. (8) Door Identification. Glass doors shall conform to the requirements in Section 1005. Other exit doors shall be so marked that they are already distinguishable from the adjacent construction. (9) Additional Doors. When additional doors are provided for egress purposes, they shall conform to all provisions in the following cases: Approved revolving doors having leaves which will collapse under opposing pressures may be used in exit situations: Provided: That such doors have a minimum width of 2.00 meters or they are not used in occupancies where exits are required to be equipped with panic hardware or at least one conforming exit door is located adjacent to each revolving doors installed in a building and the revolving door shall not be considered to provide any exit width. (d) Corridors and Exterior Exit Balconies. The provisions herein shall apply to every corridor and exterior exit balcony serving as required exit for an occupant load of more than ten. (1) Width. Every corridor or exit balcony shall not be less than 1.10 meters in width. (2) Projections. The required width of corridors and exterior exit balconies shall be an obstructed: Except that trim handrails, and doors when fully opened shall not reduce the required width by more than 200 millimeters. Doors in any position shall not reduce the required width of the corridor by more than one-half. (3) Access to Exits. When more than one exit is required, they shall be arranged to allow going to either direction from any point dead ends permitted by this Code. (4) Dead Ends. Corridors and exterior exit balconies with dead ends are permitted when the dead end does not exceed 6.00 meters in length. (5) Construction. Walls and ceilings of corridors shall not be less than one-hour fire-resistive construction. Provided, that this requirement shall not apply to exterior exit balconies, railings, and corridors of one-storey building housing a Group E and F Occupancy occupied by one tenant only and which serves an occupant load of 30 or less, nor to corridors, formed by temporary partitions. Exterior exit balconies cannot project into an area where protected openings are
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required. (6) Openings. When corridor wall are required to be one-hour fire-resistive construction, every interior door opening shall be protected as set forth in generally recognized and accepted requirements for dual purpose fire exit doors. Other interior openings except ventilation louvers equipped with approved automatic fire shutter shall be 7 millimeters thick fixed wire glass set in steel frames. The total area of all openings other than doors, in any portion of an interior corridor wall shall not exceed twentyfive percent of the area of the corridor wall of the room being separated from the corridor. (e) Stairways. Except stairs or ladders used only to access, equipment, every stairway serving any building or portion thereof shall conform to the following requirements: (1) Width. Stairways serving an occupant load of more than 50 shall not be less than 1.10 meters. Stairways serving an occupant load of 50 or less may be 900 millimeters wide. Private stairways serving an occupant load of less than 10 may be 750 millimeters. Trim and handrails shall not reduce the required width by more than 100 millimeters. (2) Rise and Run. The rise of every step in a stairway shall not exceed 200 millimeters and the run shall not less than 250 millimeters. The maximum variations in the height of risers and the width of treads in any one flight shall be 5 millimeters: Except, in case of private stairways serving an occupant load of less than 10, the rise may be 200 millimeters and the run may be 250 millimeters, except as provided in subparagraph (3) below. (3) Winding Stairways. In Group A Occupancy and in private stairways in Group B Occupancies, winders may be used if the required width of run is provided at a point not more than 300 millimeters from the side of the stairway where the treads are narrower but in no case shall any width of run be less than 150 millimeters at any point. (4) Circular Stairways. Circular stairs may be used as an exit provided the minimum width of run is not less than 250 millimeters. All treads in any one flight between landings shall have identical dimensions within a 5 millimeter tolerance. (5) Landing. Every landing shall have a dimension measured in the direction of travel equal to the width of the stairway. Such dimension need not exceed 1.20 meters when the stairs has a straight run. Landings when provided shall not be reduced in width by more than 100 millimeters by a door when fully open.
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(6) Basement Stairways. Where a basement stairway and a stairway to an upper storey terminate in the same exit enclosure, an approved barrier shall be provided to prevent persons from continuing on to the basements. Directional exit signs shall be provided as specified in this Code. (7) Distance Between Landings. There shall be not more than 3.60 meters vertical distance between landings. (8) Handrails. Stairways shall have handrails on each side and every stairway required to be more than 3.00 meters in width shall be provided with not less than one intermediate handrail for each 3.00 meters of required width. Intermediate handrail shall be spaced approximately equal within the entire width of the stairway. Handrails shall be placed not less than 800 millimeters nor more than 900 millimeters above the nosing of treads and ends of handrails shall be returned or shall terminate in newel posts or safety terminals: Except, in the following cases: Stairways 1.10 meters or less in width and stairway serving one individual dwelling unit in Group A or B Occupancies may have one handrail, except that such stairway open on one or both sides shall have handrails provided on the open side or sides: or stairway having less than four risers need not have handrails. (9) Exterior Stairway Protection. All openings in the exterior wall below or within 3.00 meters, measured horizontally of an exterior exit stairway serving a building over two storeys in height shall be protected by a self-closing fire assembly having a three-fourths hour fireresistive rating: Except, that opening may be unprotected when two separated exterior stairways serve an exterior exit balcony. (10) Stairway Construction-Exterior. Exterior stairway shall be of incombustible material: Except, that on Type III buildings which do not exceed two storeys in height, which are located in less fire-restrictive Fire Zones, as well as on Type I buildings may be of wood not less than 50 millimeters in nominal thickness. Exterior stairs shall be protected as required for exterior walls due to location on property as specified in this Code. Exterior stairways shall not project into an area where openings are required to be protected. Where there is enclosed usable space under stairs, the walls and soffits of the enclosed space shall be protected on the enclosed side as required for one-hour fire-resistive construction. (11) Stairway to Roof. In every building four or more
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storeys in height, one stairway shall extend to the roof unless the roof has C slope greater than 1 in 3. (12) Headroom. Every required stairway shall have a headroom clearance of not less than 2.00 meters. Such clearance shall be established by measuring vertically from a plane parallel and tangent to the stairway tread nosing to the soffit above all points. (f) Ramps. A ramp conforming to the provisions of this Code may be used as an exit. The width of ramps shall be as required for corridors. (g) Horizontal Exit. If conforming to the provisions of this Code, a horizontal exit may be considered as the required exit. All openings in a separation wall shall be protected by a fire assembly having a fire-resistive rating not less than the occupant load served by such exit. The capacity shall be determined by allowing 0.30 square meter of net floor area per ambulatory occupant and 1.90 square meters per non-ambulatory occupant. The dispersal area into which the horizontal exit loads shall be provided with exits as required by this Code. (h) Exit Enclosures. Every interior stairway, ramp, or escalator shall be enclosed as specified in this Code: Except, that in other than Group D Occupancies, as an enclosure will not be required for stairway, ramp, or escalator serving only one adjacent floor and not connected with corridors or stairways serving other floors. Stairs in Group A Occupancies need not be enclosed. (1) Enclosure walls shall not be less than two-hour fire-resistive construction. There shall be no openings into exit enclosures except exit doorways and openings in exterior walls. All exit doors in an exit enclosure shall be appropriately protected. (2) Stairway and ramp enclosures shall include landings and parts of floors connecting stairway flights and shall include a corridor on the ground floor leading from the stairway to the exterior of the building. Enclosed corridors of passageways are not required from unenclosed stairways. (3) A stairway in an exit enclosure shall not continue below the grade level exit unless an approved barrier is provided at the ground floor level to prevent persons from accidentally continuing into the basement. (4) There shall be no enclosed usable space under stairways in an exit enclosure, nor shall the open space under such stairways be used for any purpose. (i) Smokeproof Enclosures
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A smokeproof enclosure shall consist of a vestibule and a continuous stairway enclosed from the highest point to the lowest point by walls of two-hour fire-resistive construction. In building five storeys or more height, one of the required exits shall be a smokeproof enclosure. (1) Stairs in smokeproof enclosures shall be of incombustible construction. (2) There shall be no openings in smokeproof enclosures, except exit doorways and openings in exterior walls. There shall be no openings directly into the interior of the building. Access shall be through a vestibule with one wall at least fifty percent open to the exterior and having an exit door from the interior of the building and exit door leading to the smokeproof enclosure. In lieu of a vestibule, access may be by way of an open exterior balcony of incombustible materials. (3) The opening from the building to the vestibule or balcony shall be protected with a self-closing fire assembly having one-hour fire-resistive rating. The opening from the vestibule or balcony to the stair tower shall be protected by a self-closing fire assembly having a one-hour fire-resistive rating. (4) A smokeproof enclosure shall exit into a public way or into an exit passageway leading to a public way. The exit passageway shall be without other openings and shall have walls, floors, and ceilings of two-hour fire-resistance. (5) A stairway in a smokeproof enclosure shall not continue below the grade level exit unless an approved barrier is provided at a ground floor level to prevent persons from accidentally walking into the basement. (j) Exit Outlets, Courts, and Passageways Every exit shall discharge into a public way, exit court, or exit passageway. Every exit court shall discharge into a public way or an exit passageway. Passageways shall be without openings other than required exits and shall have walls, floors, and ceilings of the same period of fireresistance as the walls, floors and ceilings of the building but shall not be less than one-hour fire-resistive construction. (1) Width Every exit court and exit passageway shall be at least as wide as the required total width of the tributary exits, such required width being based on the occupant load served. The required width of exit courts or exit passageway shall be unobstructed except as permitted in corridors. At any point where the width of an exit court is reduced from any cause, the reduction in width shall be affected gradually by a guardrail at least 900 millimeters in height. The guardrail shall make an angle of not more than 30 degrees
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with the axis of the exit court. (2) Slope The slope of exit courts shall not exceed 1 in 10. The slope of exit passageway shall not exceed 1 in 8. (3) Number of Exits Every exit court shall be provided with exits as required in this Code. (4) Openings All openings into an exit court less than 3.00 meters wide shall be protected by fire assemblies having not less than three-fourth hour fireresistive rating. Except, that openings more than 3.00 meters above the floor of the exit court may be unprotected. (k) Exit Signs and Illuminations Exits shall be illuminated at any time the building is occupied with light having an intensity of not less than 10.7 lux at floor level: Except, that for Group A Occupancies, the exit illumination shall be provided with separate circuits or separated sources of power (but not necessarily separate from exit signs when these are required for exit signs illumination). (1) Aisles Every portion of every building in which are installed seats, tables, merchandise, equipment, or similar materials shall be provided with aisles leading to an exit. (1) Width Every aisle shall be not less than 800 millimeters wide if serving only one side, and not less than 1 meter wide if serving both sides. Such minimum width shall be measured at the point farthest from an exit, crosssle, or foyer and shall be increased by 30 millimeters for every meters in length towards the exit, crosssle or foyer. (2) Exit Distance In areas occupied by seats and in Groups H and I Occupancies without seats, the line travel to an exit door by ansle shall be not more than 45.00 meters. With standard spacing, as specified in this Code, aisles shall be so located that there will be not more than seven seats between the wall and ansle and not more than fourteen seats between aisles. The number of seats between aisles may be increased to 30 where exit doors are provided along each side aisle of the row of seats at the rate of one pair of exit doors for every five rows of seats, provided further that the distance between seats back to back is at least one meter. Such exit doors shall provide a minimum clear width of 1.70 meters. (3) Cross Aisles Aisles shall terminate in a cross aisle, foyer,
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or exit. The width of the cross aisle shall be not less than the sum of the required width of the widest aisle plus fifty percent of the total required width of the remaining aisle leading thereto. In Groups C, H and E Occupancies, aisles shall not be provided a dead end greater than 6.00 meters in length. (4) Vomitories Vomitories connecting the foyer or main exit with the cross aisles shall have a total width not less than the sum of the required width of the widest aisles leading thereto plus fifty percent of the total required width of the remaining aisles leading thereto. (5) Slope The slope portion ofsle shall not exceed a fall 1 in 8. (m) Seats (1) Seat Spacing With standard seating, the spacing of rows of seats from back-to-back shall not less than 840 millimeters. With continental seating, the spacing of rows of unoccupied seat shall provide a clear width measured horizontally, as follows: 450 millimeters clear for rows of 18 seats or less; 500 millimeters clear for rows of 35 seats or less; 525 millimeters clear for rows of 45 seats or less; and 550 millimeters clear for rows of 46 seats or more. (2) Width The width if any seat be not less than 450 millimeters. (n) Reviewing Stands, Grandstands, and Bleachers. (1) Height of Stands Stands made of combustible framing shall be limited to 11 rows or 2.70 meters in height. (2) Design Requirements The minimum unit live load for reviewing stands, grandstands, and bleachers shall be 500 kilograms per square meter of horizontal projection for the structure as a whole. Seat and footboards shall be 180 kilograms per linear meter. The sway force, applied to seats, shall be 35 kilograms per linear meter parallel to the seats and 15 kilograms per linear meter perpendicular to the seats. Sway forces need not to be applied simultaneously with other lateral forces. (3) Spacing Seats (3.1) Row spacing The minimum spacing of rows of seats measured from back-to-back shall be: 600 millimeters for seats without backrests in open air stands; 750
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millimeters for seats with backrests, and 850 millimeters for chair seating. There shall be a space of not less than 300 millimeters between the back of each seat and the front of the seat immediately behind it. (3.2)Rise Between Rows The maximum rise from one row of seats to the next shall not exceed 400 millimeters. (3.3)Seating Capacity For determining the seating capacity of a stand the width of any seat shall not be less than 450 millimeters nor more than 480 millimeters. (3.4)Number of Seats Between Aisles The number of seats between any seat and an aisle shall not be greater than 15 for open air stands with seats without backrests in buildings. (4) Aisles (4.1)Aisles Required Aisles shall be provided in all stands: except, that aisles may be omitted when all the following conditions exists; Seats are without backrests; the rise from row to row does not exceed 300 millimeters per row; the number of rows does not exceed 11 in height; the top seating board is not over 3.00 meters above grade; and the first seating board is not more than 500 millimeters above grade. (4.2) Obstructions No obstruction shall be placed in the required width of any aisle or exitway. (4.3) Stairs Required When an aisle is elevated more than 200 millimeters above grade, the aisle shall be provided with a stairway or ramp whose width is not less than the width of the aisle. (4.4) Dead End No vertical aisle shall have a dead end more than 16 rows in depth regardless of the number of exits required. (4.5) Width Aisles shall have a minimum width of 1.10 meters. (5) Stairs and Ramps
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The requirements in this Code shall apply to all stairs and ramps except for portions that pass through the seating area. (5.1) Stair Rise and Run The maximum rise of treads shall not exceed 200 millimeters and the minimum width of the run shall be 280 millimeters. The maximum variation in the width of treads in any one flight shall not be more than 5 millimeters and the maximum variation in one height of two adjacent rises shall not exceed 5 millimeters. (5.2)Ramp Slope The slope of a ramp shall not exceed 1 in 8. Ramps shall be roughened or shall be of approved nonslip material. (5.3) Handrails A ramp with a slope exceeding 1 in 10 shall have handrails. Stairs for stands shall have handrails. Handrails shall conform to the requirements of this Code. (6) Guardrails (6.1) Guardrails shall be required in all locations where the top of a seat plank is more than 1.20 meters above the grade and at the front of stands elevated more than 600 millimeters above grade. Where only sections of stands are used, guardrails shall be provided as required in this Code. (6.2) Railings shall be 1.10 meters above the rear of a seat plank or 1.10 meters above the rear of the steps in the aisle when the guardrail is parallel and adjacent to the aisle: Except, that the height may be reduced to 900 millimeters for guardrails located in front of the grandstand. (6.3) A midrail shall be placed adjacent to any seat to limit the open distance above the top of any part of a seat to 250 millimeters where the seat is at the extreme end or at the extreme rear of the bleachers or grandstand. The intervening space shall have one additional rail midway in the opening: Except, that railings may be omitted when stands are placed directly against a wall or fence giving equivalent protection; stairs and ramps shall be provided with
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guardrails. Handrails at the front of stands and adjacent to an aisle shall be designed to resist a load of 75 kilograms per linear meter applied at the top rail. Other handrails shall be designed to resist a load of 40 kilograms per linear meter. (7) Foot Boards Footboards shall be provided for all rows of seats above the third row or beginning at such point where the seating plank is more than 600 millimeters above grade. (8) Exits (8.1) Distance to Exit The line of travel to an exit shall not be more than 45.00 meters. For stands with seats without backseats this distance may be measured by direct line from a seat to the exit from the stand. (8.2) Aisle Used as Exit An aisle may be considered as only one exit unless it is continuous at both ends to a legal building exit or to a safe dispersal area. (8.3) Two Exits Required A stand with the first seating board not more than 500 millimeters above grade of floor may be considered to have two exits when the bottom of the stand is open at both ends. Every stand or section of a stand within a building shall have at least two means of egress when the stand accommodates more than 50 persons. Every open air stand having seats without backrest shall have at least two means of egress when the stand accommodates more than 300 persons. (8.4) Three Exits Required Three exits shall be required for stands within a building when there are more than 300 occupants within a stand and for open air stands with seats without backrests where a stand or section of a stand accommodates more than 1000 occupants. (8.5) Four Exits Required Four exits shall be required when a stand or section of a stand accommodates more than 1000 occupants: Except, that for an open air stand with seats without backrests four
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exits need not be provided unless there are accommodations for more than 3000 occupants. (8.6) Width The total width of exits in meters shall not be less than the total occupant load served divided by 165: Except, that for open air stands with seats without backrests the total width of exits in meter shall not be less than the total occupant load served divided by 500 when existing by stairs, and divided by 650 when existing by ramps or horizontally. When both horizontal and stair exits are used, the total width of exits shall be determined by using both figures as applicable. No exit shall be less than 1.10 meters in width. Exits shall be located at a reasonable distance apart. When only two exits are provided, they shall be spaced not less than one-fifth of the perimeter apart. (9) Securing of Chairs Chairs and benches used on raised stands shall be secured to the platforms upon which they are placed: Except, that when less than 25 chairs are used upon single raised platform the fastening of seat to the platform may be omitted. When more than 500 loose chairs are used in connection with athletic events, chairs shall be fastened together in groups of not less than three, and shall be tied or staked to the ground. (10) Safe Dispersal Area Each safe dispersal area shall have at least two exits. If more than 6000 persons are to be accommodated within such an area, there shall be a minimum of three exits, and for more than 9000 persons there shall be a minimum of four exits. The aggregate clear width of exits from a safe dispersal area shall be determined on the bases of not less than one exit unit of 600 millimeters for each 500 persons to be accommodated and not exit shall be less than 1.10 meters in width, a reasonable distance apart that shall be spaced not less than one-fifth of the perimeter of the area apart from each other. (o) Special Hazards (1) Boiler Rooms Except in Group A Occupancies, every boiler room and every room containing an incinerator or liquified petroleum gas or liquid fuel-fired
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equipment shall be provided with at least two means of egress, one of which may be a ladder. All interior openings shall be protected as provided for in this Code. (2) Cellulose Nitrate Handling Film laboratories, projection rooms, and nitrocellulose processing rooms shall have not less than two exits. Section 1208. Skylights. (a) All skylights shall be constructed with metal frames except those for Groups A and J Occupancies. Frames of skylights shall be designed to carry loads required for roofs. All skylights, the glass of which is set at an angle of less than 45 degrees from the horizontal, if located above the first storey, shall be set at least 100 millimeters above the roof. Curbs on which the skylights rest shall be constructed of incombustible materials except for Types 1 or 11 Construction. (b) Spacing between supports in one direction for flat wired glass in skylights shall not exceed 625 millimeters. Corrugated wired glass may have supports 1.50 meters apart in the direction of the corrugation. All glass in skylights shall be wired glass: Except, that skylights over vertical shafts extending through two or more storeys shall be glazed with plain glass as specified in this Code: Provided, that wire glass may be used in ventilation equal to not less than one-eight the cross-sectional area of the shaft but never less than 1.20 meters is provided at the top of such shaft. Any glass not wire glass shall be protected above and below with a screen constructed of wire not smaller than 2.5 millimeters in diameter with a mesh not larger than 25 millimeters. The screen shall be substantially supported below the glass. (c) Skylights installed for the use of photographers may be constructed of metal frames and plate glass without wire netting. (d) Ordinary glass may be used in the roof and skylights for greenhouses, Provided, that height of the greenhouses at the ridge does not exceed 6.00 meters above the grade. The use of wood in the frames of skylights will be permitted in greenhouses outside of highly restrictive Fire Zones if the height of the skylight does not exceed 6.00 meters above the grade, but in other cases metal frames and metal sash bars shall be used. (e) Glass used for the transmission of light, if placed in floors or sidewalks, shall be supported by metal or reinforced concrete frames, and such glass shall not be less than 12.5 millimeters in thickness. Any such glass over 100 square centimeters in area shall have wire mesh embedded in the same or shall be provided with a wire screen underneath as specified for skylights in this Code. All portions of the floor lights or sidewalk lights shall be of the same strength as required for floor is surrounded by a railing not less than 1.10 meters in height, in which
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case the construction shall be calculated for not less than roof loads. Section 1209. Bays, Porches, and Balconies. (a) Walls and floors in bay and oriel windows shall conform to the construction allowed for exterior walls and floors of the type of construction of the building to which they are attached. The roof covering of a bay or oriel window shall conform to the requirements of the roofing of the main roof. Exterior balconies attached to or supported by wall required to be of masonry, shall have brackets or beams constructed of incombustible materials. Railings shall be provided for balconies, landings, or porches which are more than 750 millimeters above grade. Section 1210. Penthouses and Roof Structures. (a) Height No penthouse or other projection above the roof in structures of other than Type V construction shall exceed 8.40 meters above the roof when used as an enclosure for tanks or for elevators which run to the roof and in all other cases shall not extend more than 3.60 meters in height with the roof. (b) Area The aggregate area of all penthouses and other roof structures shall not exceed one third of the area of the supporting roof. (c) Prohibited Uses No penthouse, bulkhead, or any other similar projection above the roof shall be used for purposes other than shelter of mechanical equipment or shelter of vertical shaft openings in the roof. A penthouse or bulkhead used for purposes other than that allowed by this Section shall conform to the requirements of this Code for an additional storey. (d) Construction Roof structures shall be constructed with walls, floors, and roof as required for the main portion of the building except in the following cases: (1) On Types III and IV constructions, the exterior walls and roofs of penthouses which are 1.50 meters or more from an adjacent property line may be of one-hour fire-resistive incombustible construction. (2) Walls not less than 1.50 meters from an exterior wall of a type IV construction may be of one-hour fire-resistive incombustible construction. The above restriction shall not prohibit the placing of wood flagpoles or similar structures on the roof of any building. (e) Towers and Spires Towers and spires when enclosed shall have exterior walls as required for the building to which they attached. Towers not enclosed and which extend more than 20.00 meters above the grade shall have their framework constructed of iron,
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steel, or reinforced concrete. No tower or spire shall occupy more than one-fourth of the street frontage of any building to which it is attached and in no case shall the base area exceed 150 square meters unless it conforms entirely to the type of construction requirements of the building to which it is attached and is limited in height as main part of the building. If the area of the tower and spire exceeds 10.00 square meters any horizontal cross section, its supporting frames shall extend directly to the ground. The roof covering of the spires shall be as required for the main room of the rest of the structure. Skeleton towers used as radio masts, neon signs, or advertisement frames and placed on the roof of any building shall be constructed entirely of incombustible materials when more than 7.50 meters in height, and shall be directly supported on an incombustible framework to the ground. No such skeleton towers shall be supported on roofs of combustible framings. They shall be designed to withstand a wind load from any direction in addition to any other loads. Section 1211. Chimneys, Fireplaces, and Barbecues. (a) Chimneys (1) Structural Design Chimneys shall be designed, anchored, supported, reinforced, constructed, and installed in accordance with generally accepted principles of engineering. Every chimney shall be capable of producing a draft at the appliance not less than that required for the safe operation of the appliance connected thereto. No Chimney shall support any structural load other than its own weight unless it is designed to act as a supporting member. Chimneys in a wood-framed building shall be anchored laterally at the ceiling line and at each floor line which is more than 1.80 meters above grade, except when entirely within the framework or when designed to be free standing. (2) Walls Every masonry chimney shall have walls of masonry units, bricks, stones, listed masonry chimney units, reinforced concrete or equivalent solid thickness of hollow masonry and lined with suitable liners in accordance with the following requirements: (2.1) Masonry Chimneys for Residential Type Appliances Masonry chimneys shall be constructed of masonry units or reinforced concrete with walls not less than 100 millimeters thick; or of rubble stone masonry not less than 300 millimeters thick. The chimney liner shall be in
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accordance with this Code. (2.2) Masonry Chimneys for Low Heat Appliances Masonry chimneys shall be constructed of masonry units or reinforced concrete with walls not less than 200 millimeters thick: Except, that rubble stone masonry shall be not less than 300 millimeters thick. The chimney liner shall be in accordance with this Code. (2.3) Masonry Chimneys for Medium-Heat Appliances Masonry chimneys for medium-heat appliances shall be constructed of solid masonry units of reinforced concrete not less than 200 millimeters thick, Except, that stone masonry shall be not less than 300 millimeters thick and, in addition shall be lined with not less than 100 millimeters of firebrick laid in a solid bed of fire clay mortar with solidly filled head, bed, and wall joints, starting not less than 600 millimeters below the chimney connector entrance. Chimneys extending 7.50 meters or less above the chimney connector shall be lined to the top. (2.4) Masonry Chimneys for High-Heat Appliances Masonry chimneys for high-heat appliances shall be constructed with double walls of solid masonry units or reinforced concrete not less than 200 millimeters in thickness, with anr space of not less than 50 millimeters between walls. The inside of the interior walls shall be of fire-brick not less than 100 millimeters in thickness laid in a solid bed of fire clay mortar with solidly filled head, bed, and wall joints. (2.5) Masonry Chimneys for Incinerators Installed in Multi-Storey Buildings (Apartment-Type Incinerators) Chimneys for incinerators installed in multi-storey building using the chimney passageway as a refuse chute where the horizontal grate area of combustion chamber does not exceed 0.80 square meter shall have walls of solid masonry or reinforced concrete,
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not less than 100 millimeters thick with a chimney lining as specified in this Code. If the grate area of such an incinerator exceeds 0.80 square meter, the walls shall not be less than 100 millimeters of firebrick except that higher than 9.00 meters above the roof of the combustion chamber, common brick alone 200 millimeters in thickness, may be used. (2.6) Masonry Chimneys for Commercial and Industrial Type Incinerators Masonry chimneys for commercial and industrial type incinerators of a size designed for not more than 110 kilograms of refuse per hour and having a horizontal grate area not exceeding 0.50 square meter shall have walls of solid masonry or reinforced concrete not less than 100 millimeters thick with lining of not less than 100 millimeters of firebrick, which lining shall extend for not less than 12.00 meters above the roof of the combustion chamber. If the design capacity of grate area of such an incinerator exceeds 110 kilograms per hour and 0.80 square meter respectively, walls shall not be less than 200 millimeters thick, lined with not less than 100 millimeters of firebrick extending the full height of the chimney. (3) Linings Fire clay chimney lining shall not be less than 15 millimeters thick. The lining shall extend from 200 millimeters below the lowest inlet, or, in the case of fireplace, from the throat of the fireplace to a point above enclosing masonry walls. Fire clay chimney linings shall be installed ahead of the construction of the chimney as it is carried up, carefully bedded one on the other in fire clay mortar, with close-fitting joints left smooth on the inside. Firebrick not less than 500 millimeters thick may be used in place of fire clay chimney. (4) Area No chimney passageway shall be smaller in area than the vent connection of the appliance attached thereto. (5) Height Every masonry chimney shall extend at least 600
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millimeters above the part of the roof through which it passes and at least 600 millimeters above the highest elevation of any part of a building within 3.00 meters to the chimney. (6) Corbeling No masonry chimney shall be corbeled from a wall more than 150 millimeters nor shall a masonry chimney be corbeled from a wall which is less than 300 millimeters in thickness unless it projects equally on each side of the wall. In the second storey of a two-storey building of Group A Occupancy, corbeling of masonry chimneys on the exterior of the enclosing walls may equal the wall thickness. In every case the corbeling shall not exceed 25 millimeters protection for each course of brick. (7) Change in Size or Shape No change in the size or shape of a masonry chimney shall be made within a distance of 150 millimeters above or below the roof joints or rafters where the chimney passes through the roof. (8) Separation When more than one passageway is contained in the same chimney, masonry separation at least 100 millimeters thick bonded into the masonry wall of the chimney shall be provided to separate passageways. (9) Inlets Every inlet to any masonry chimney shall enter the side thereof and shall be of not less than 3 millimeters thick metal or 16 millimeters refractory material. (10) Clearance Combustible materials shall not be placed within 50 millimeters of smoke chamber or masonry chimney walls when built within a structure, or within 25 millimeters when the chimney is built entirely outside the structure. (11) Termination All incinerator chimneys shall terminate in a substantially constructed spark arrester having a mesh not exceeding 20 millimeters. (12) Cleanouts Cleanout openings shall be provided at the base of every masonry chimney. (b) Fireplaces and Barbecues Fireplaces, barbecues, smoke chambers and fireplace Chimneys shall be of solid masonry or reinforced concrete and shall conform to the minimum requirements specified in this Code. (1) Fireplace Walls.
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Walls of fireplaces shall not be less than 200 millimeters in thickness. Walls of fireboxes shall not be less than 250 millimeters in thickness: Except, that where a lining of firebrick is used, such walls shall not be less than 200 millimeters in thickness. The firebox shall not be less than 200 millimeters in thickness. The firebox shall not be less than 500 millimeters in depth. The maximum thickness of joints in firebrick shall be 10 millimeters. (2) Hoods. Metal hoods used as part of a fireplace or barbecue shall not be less than No. 18 gauge copper, galvanized iron, or other equivalent corrosion-resistant ferrous metal with all seams and connections of smokeproof unsoldered construction. The goods shall be sloped at an angle of 45 degrees or less from the vertical and shall extend horizontally at least 150 millimeters beyond the limits of the firebox. Metal hoods shall be kept a minimum from combustible materials. (3) Circulators. Approved metal heat circulators may be installed in fireplaces. (4) Smoke Chamber. Front and side walls shall not be less than 200 millimeters in thickness. Smoke chamber back walls shall not be less than 150 millimeters in thickness. (5) Fireplace Chimneys. Walls of chimneys without flue lining shall not be less than 200 millimeters in thickness. Walls of chimneys with flue lining shall not be less than 100 millimeters in thickness and shall be constructed in accordance with the requirements of this Code. (6) Clearance of Combustible Materials. Combustible materials shall not be placed within 50 millimeters of fireplace, smoke chamber, or chimney walls when built entirely within a structure, or within 25 millimeters when the chimney is built entirely outside the structure. Combustible materials shall not be placed within 150 millimeters of the fireplace opening. No such combustible material within 300 millimeters of the fireplace opening shall project more than 3 millimeters for each 25 millimeters clearance from such opening. No part of metal hoods used as part of a fireplace, barbecue or heating stoves shall be less than 400 millimeters from combustible material. This clearance may be
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reduced to the minimum requirements set forth in this Code. (7) Area of Flues, Throats, and Dampers. The net cross-sectional area of the flue and of the throat between the firebox and the smoke chamber of a fireplace shall not be less than the requirements to be set forth by the Board. Where dampers are used, they shall be of not less than No. 12 gauge metal. When fully opened, damper opening shall be not less than ninety percent of the required flue area. When fully open, damper blades shall not extend beyond the line of the inner face of the flue. (8) Lintel. Masonry over the fireplace opening shall be supported by a non-combustible lintel. (9) Hearth. Every fireplace shall be provided with a brick, concrete, stone, or other approved noncombustible hearth slab at least 300 millimeters wider on each side than the fireplace opening and projecting at least 450 millimeters therefrom. This slab shall not be less than 100 millimeters thick and shall be supported by a non-combustible material or reinforced to carry its own weight and all imposed loads. Section 1212. Fire-Extinguishing Systems. (a) Fire-Extinguishing Systems When required, standard automatic fire-extinguishing systems shall be installed in the following places, and in the manner provided in this Code. (1) In every storey, basement or cellar with an area of 200 square meters or more which is used for habitation, recreation, dining, study, or work, and which has an occupant load of more than 20. (2) In all dressing rooms, rehearsal rooms, workshops or factories, and other rooms with an occupant load of more than 10 or assembly halls under Group H and I occupancies with occupant load of more than 500, and if the next doors of said rooms are more than 30.00 meters from the nearest safe fire dispersal area of the building or opening to an exit court or street. (3) In all rooms used for storage or handling of photographic x-ray nitrocellulose films and other inflammable articles. (b) Dry Standpipes Every building four or more storeys in height shall be equipped with one or more dry standpipes. (1) Construction and Tests. Dry standpipes shall be of wrought iron or galvanized steel and together with fittings and connections shall be of sufficient strength to withstand 20 kilograms per square centimeter of water pressure when ready for service, without leaking at the joints, valves, or fittings. Tests shall be conducted by the owner of the building contractor in the
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presence of a representative of the Building Official whenever deemed necessary for the purpose of certification of its proper function. (2) Size. Dry standpipes shall be of such size as to be capable of delivering 900 liters of water per minute from each of any three outlets simultaneously under the pressure created by one fire engine or pumper based on the standard equipment available. (3) Number Required. Every building four or more storeys in height where the area of any floor above the third floor is 950 square meters or less, shall be equipped with at least one dry standpipes and an additional standpipe shall be installed for each additional 950 square meters or fraction thereof. (4) Location. Standpipes shall be located within enclosed stairway landings or near such stairways as possible or immediately inside of an exterior wall and within 300 millimeters of an opening in a stairway enclosure of the balcony or vestibule of a smokeproof tower or an outside exit stairway. (5) Siamese Connections. Subject to the provisions of subparagraph (2) all 100 millimeters dry standpipes shall be equipped with a two-way Siamese fire department connection. All 125 millimeter dry standpipes shall be equipped with a three-way Siamese fire department connection and 150 millimeters dry standpipes shall be equipped with a four-way Siamese fire department connections. All Siamese inlet connections shall be located on a street-front of the building and not less than 300 millimeters nor more than 1.20 meters above the grade and shall be equipped with a clapper-checks and substantial plugs. All Siamese inlet connections shall be recessed in the wall or otherwise substantially protected. (6) Outlets. All dry standpipes shall extend from the ground floor to and over the roof and shall be equipped with a 63 millimeters outlet nor more than 1.20 meters above the floor level at each storey. All dry standpipes shall be equipped with a two-way 63 millimeters outlet above the roof. All outlets shall be equipped with gate valves. (7) Signs. An iron or bronze sign with raised letters at least 25 millimeters high shall be rigidly attached to the building adjacent to all Siamese connections and such signs shall read ; CONNECTION TO DRY STANDPIPE". (c) Wet Standpipes. Every Group H and I Occupancy of any height, and every Group C Occupancy of two more storeys in height and every Group D, D, E, F, and G Occupancy of three
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or more storeys in height and every Group G and E Occupancy over 1800 square meters in area shall be equipped with one or more interior wet standpipes extending from the cellar or basement into the topmost storey: Provided, that Group H buildings having no stage and having a seating capacity of less than 500 need to be equipped with interior wet standpipes. (1) Construction. Interior wet standpipes shall be constructed of the same materials as those required for dry standpipes. (2) Size (2.1) Interior wet standpipes shall have an internal diameter sufficient to deliver 190 liters of water per minute under 2.0 kilograms per square centimeter pressure at the hose connections. Buildings of Group Hand I Occupancy shall have wet standpipes systems capable of delivering the required quantity and pressure from any two outlets simultaneously; for all other occupancies only one outlet need be figured to be opened at one time. In no case shall the internal diameter of a wet standpipe be less than 50 millimeters, except when the standpipe is attached to an automatic fire-extinguishing system. (2.2) Any approved formula which determined pipe sizes on a pressure drop basis may be used to determine pipe size for wet standpipe systems. The Building Official may require discharge capacity and pressure tests on completed wet standpipe systems. (3) Number required. The number of wet standpipe when required in this Code shall be so determined that all portions of the building are within 6.00 meters of a nozzle attached to a hose 23.00 meters in length. (4) Location. In Group H and I Occupancies, outlets shall be located as follows: one on each side of the stage, one at the rear of the auditorium and one at the rear of the balcony. Where occupant loads are less than 500 the above requirements may be waived: Provided, that portable fireextinguishers of appropriate capacity and type are installed within easy access from the said locations. In Group B, C, D, E, F, and G Occupancies location of all interior wet standpipes shall be in accordance with the requirement for dry standpipes: Provided, that at least one standpipe is installed to cover not
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more than 650 square meters. (5) Outlets. All interior wet standpipes shall be equipped with a 38 millimeter valve in each storey, including the basement or cellar of the building, and located not less than 300 millimeters nor more than 1.20 meters above the floor. (6) Threads. All those threads used in connection with the installation of such standpipes, including valves and reducing fittings shall be uniform with that prescribed by the Secretary. (7) Water Supply. All interior wet standpipes shall be connected to a street main not less than 100 millimeters in diameter, or when the water pressure is insufficient, to a water tank or sufficient size as provided in subparagraph (8). When more than one interior wet standpipe is required in the building, such standpipe shall be connected at their bases or at their tops by pipes of equal size. (8) Pressure and Gravity Tanks. Tanks shall have a capacity sufficient to furnish at least 1,500 litters per minute for period of not less than 10 minutes. Such tanks shall be located so as to provide not less than 2 kilograms per sq. cm. pressure at the topmost base outlet for its entire supply. Discharge pipes from pressure tanks extend 50 millimeters into and above the bottom of such tanks. All tanks shall be tested in place after installation and proved tight at a hydrostatic pressure fifty percent in excess of the working pressure required. Where such tanks are used for domestic purposes the supply pipe for such purposes shall be located at or above the center line of such tanks. Incombustible supports shall be provided for all such supply tanks and not less than a 900 millimeters clearance shall be maintained over the top and under the bottom of all pressure tanks. (9) Fire pumps. Fire pumps shall have a capacity of not less than 1,000 liters per minute with a pressure of not less than 2 kilograms per sq. cm. at the topmost hose outlet. The source of supply for such pump shall be a street water main of not less than 100 mm, diameter or a well or cistern containing a one-hour supply. Such pumps shall be supplied with an adequate source of power and shall be automatic in operation. (10) Hose and Hose Reels. Each hose outlet of all interior wet standpipe shall be supplied with a hose not less than 38 millimeters in diameter. Such hose shall be equipped with a suitable brass
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or bronze nozzle and shall be not over 23.00 meters in length. An approved standard form of wall hose reel or rack shall be provided for the hose and shall be located so as to make the hose readily accessible at all times and shall be recessed in the walls or protected by suitable cabinets. (d) Basement Pipe Inlets. Basement pipe inlets shall be installed in the first floor of every store, warehouse, or factory where there are cellars or basements under same: Except, wherein such cellars or basements there is installed a fire-extinguishing system as specified in this Code or where such cellars or basement are used for banking purposes, safe deposit vaults, or similar uses. (1) Material. All basement pipe inlets shall be of cast iron, steel, brass, or bronze with lids of cast brass or bronze and shall consist of a sleeve not less than 200 millimeters in diameter through the floor extending to and flush with the ceiling below and with a top flange, recessed with an inside shoulder, to receive the lid and flush with the finished floor surface. The lid shall be a solid casting and shall have a ring lift recessed on the top thereof, so as to flushed. The lid shall have the words "FOR FIRE DEPARTMENT ONLY, DO NOT COVER UP" cast on the top thereof. The lid shall be installed in such a manner as to permit its removal readily from the inlet. (2) Location. Basement pipe inlets shall be strategically located and kept readily accessible at all times to the Fire Department. (e) Approval. All fire-extinguishing systems, including automatic sprinklers, wet and dry standpipes, automatic chemical extinguishers, basement pipe inlets, and the appurtenances thereto shall meet the approval of the fire Department as to installation and location and shall be subject to such periodic test as it may require. Section 1213. Stages and Platform. (a) Stage Ventilators. There shall be one or more ventilators constructed of metal or other incombustible material near the center and above the highest part of any working stage raised above the stage roof and having a total ventilation area equal to at least five percent of the floor area within the stage walls. The entire equipment shall conform to the following requirements: (1) Opening Action. Ventilators shall open by spring action or force of gravity sufficient to overcome the effects of neglect, rust, dirt, or expansion by heat or wrapping of the framework. (2) Glass. Glass, if used in ventilators must be protected against falling on the stage. A wire
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screen, if used under the glass, must be so placed that if clogged it cannot reduce the required ventilating area or interfere with the operating mechanism or obstruct the distribution of water from the automatic fire extinguishing systems. (3) Design. Ventilators, penthouses, and supporting framework shall be designed in accordance with this Code. (4) Spring Actuation. Springs, when employed to actuate ventilator doors, shall be capable of maintaining full required tension indefinitely. Springs shall be no stressed more than fifty percent of their rated capacity and shall not be located directly in the air stream, nor exposed to elements. (5) Location of Fusible Links. A fusible link shall be placed in the cable control system on the underside of the ventilator at or above the roof line or as approved by the Building Official, and shall be so located as not to be affected by the operation of fire-extinguishing systems. (6) Control. Remote, manual, or electrical control shall provide for both opening and closing of the ventilator doors for periodic testing and shall be located at a point on the stage designated by the Building Official. When remote control of ventilator is electrical, power failure shall not affect its instant operation in the event of fire. Hand winches may be employed to facilitate operation of manually controlled ventilators. (b) Gridirons. (1) Gridirons, fly galleries, and pin-rails shall be constructed of incombustible materials and fire protection of steel and iron may be omitted. Gridirons and fly galleries shall be designed to support a live load of not less than 367 kilograms per square meter. Each loft block well shall be designed to support 373 kilograms per linear meter and the head block well shall be designed to support the aggregate weight of all the loft block wells served. The head block well must be provided with an adequate strongback or lateral brace to offset torque. (2) The main counterweight sheave beam shall be designed to support a horizontal and vertical uniformly distributed live load sufficient to accommodate the weight imposed by the total number of loft blocks in the gridiron. The sheave blocks shall be designed to accommodate the maximum load for the loft or head blocks served with a safety factor of five. (c) Rooms Accessory to Stage. In a building having a stage, the
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dressing room sections, workshops, and store rooms shall be located on the stage side of the proscenium wall and shall be separated from each other and from the stage by not less than a One-hour Fire Resistive Occupancy Separation. (d) Proscenium Walls. A stage shall be completely separated from the auditorium by a proscenium wall or not less than two-hour incombustible construction. The proscenium wall shall extend not less than 1.20 meters above the roof over the auditorium. Proscenium walls may have the addition to the main proscenium openings, one opening at the orchestra pit level and not more than two openings at the stage floor level, each of which shall be not more than 2.00 square meters in area. All openings in the proscenium walls of stage shall be protected by a fire assembly having a one and one-half fire-resistive rating. The proscenium opening, which shall be the main opening for viewing performances, shall be provided with a self closing fireresistive curtain as specified in this Code. (e) Stage Floor. The type of construction for storage floors shall depend upon the requirements based on the type of Occupancy and the corresponding fire-resistive requirements. All parts of the stage floor shall be designed to support not less than 620 kilograms per square meters. Openings through stage floor shall be equipped with tight-fitting trap doors of wood of not less than 5 millimeters nominal thickness. (f) Platforms. The type of construction for platforms shall depend upon the requirements based on the type of Occupancy and corresponding fire-resistive requirements. Enclosed platforms shall be provided with one or more ventilators conforming to the requirements of stage ventilators: Except, that the total area shall be equal to five percent of the area of the platform. When more than one ventilator is provided, they shall be so spaced as to provide proper exhaust ventilation. Ventilators shall not be required for enclosed platform having a floor area of 45.00 square meters or less. (g) Stage Exits. At least one exit not less than 900 millimeters wide shall be provided from each side of the stage opening directly or by means of a passageway not less than 900 millimeters in width to a street or exit court. An exit stair not less than 750 millimeters wide shall be provided for egress from each fly gallery. Each tier of dressing rooms shall be provided with at least two means of egress each not less than 750 millimeters wide and all such stairs shall be constructed in accordance with the requirement specified in this Code. The stairs required in this sub-section need not be enclosed. Section 1214. Motion Picture Projection Rooms. (a) General. The provisions of this Section shall apply only where ribbon type motion picture films in excess of 22millimeters width and electric projection equipment are
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used. Every motion picture machine using ribbon type film in excess of 22 millimeter width and electric arc projections equipment, together with all electrical devices, rheostats, machines, and all such films present in any Group C, I, or H Occupancy, shall be enclosed in a projection room large enough to permit the operator to walk freely on either side and back of the machine. (b) Construction. Every projection room shall be of not less than one-hour fire-resistive construction throughout and the walls and ceiling shall be finished with incombustible materials. The ceiling shall not be less than 2.40 meters from the finished floor. The room shall have a floor area of not less than 7.00 square meters and 3.50 square meters for each additional machine. (c) Exit. Every projection room shall have at least two doorways separated by not less than one-thirds the perimeter of the room, each at least 750 millimeters wide and 2.00 meters high. All entrances to a projection room shall be protected by a self-closing fire assembly having a three-fourths hour fire-resistive rating. Such doors shall open outward and lead to proper exits as required in this Code and shall not be equipped with any latch. The maximum width of such door shall be 750 millimeters. (d) Ports and Openings. Ports in projection room walls shall be of three kinds: projection ports; observation ports; and combination ports used for both observation and for stereopticon, spot or floodlight machines. (1) Ports Required. There shall be provided for each motion picture projector not more than one projection port, which shall be limited in area to 750 square centimeters, and not more than one observation port, which shall be limited in area to 1,300 square centimeters. There shall be not more than three combination ports, each of which shall not exceed 750 millimeters by 600 millimeters. Each port opening shall be completely covered with a pane of glass; Except, that when acetate safety film is used, projection ports may be increased in size to an area not to exceed 4,500 square centimeters. (2) Shutters. Each port and every other opening in projection room walls, including, any fresh-air inlets but excluding exit doors and exhaust ducts, shall be provided with a shutter of not less than 2.4 millimeters thick sheet metal or its equivalent large enough to overlap at least 25 millimeters on all sides of such openings. Shutters shall be arranged to slide without binding in guides constructed or material equal to the shutters in strength and fire-resistance. Each shutter shall be equipped with a 74 fusible link, which when fused by heat will cause closure
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of the shutter by gravity. Shutters of a size greater than 1,300 square centimeters shall be equipped with a counter-balance. There shall also be a fusible link located over the upper magazine of each projector, which upon operating, will close all the shutters. In addition, there shall be provided suitable means for manually closing all shutters simultaneously from any projector head and from a point within the projection room near each exit door. Shutters may be omitted when only acetate safety film is used. (e) Ventilation. (1) Inlet. A fresh-air inlet from the exterior of the building not less than 900 square centimeters and protected with wire netting, shall be installed within 50 millimeters of the floor in every projection room, the source of which shall be remote from other outside vents or flues. (2) Outlets. Ventilation shall be provided by one or more mechanical exhaust systems which shall draw air from each are lamps housing to out-doors either directly or through an incombustible flue used for no other purpose. Exhaust capacity shall not be less than 0.50 cubic meter nor more than 1.40 cubic meter per minute for each arc lamp plus 5.60 cubic meters for the room itself. Systems shall be controlled from within the enclosure and shall have pilot lights to indicate operation. The exhaust systems serving the projection room may be extended to cover rooms associated therewith such as rewind rooms. No dampers shall be installed in such exhaust systems. Ventilation of these rooms, shall not connected in any way with ventilating or air-conditioning systems serving other portions of the building. Exhaust ducts shall be of incombustible material and shall either be kept 25 millimeters from combustible material or covered with 10 millimeters of incombustible heat-insulating material. (f) Regulation of Equipment. All shelves, fixtures, and fixed equipment in a projection room shall be constructed of incombustible materials. All films not in actual use shall be stored in metal cabinets having individual compartments for reels or shall be in generally accepted shipping containers. No solders shall be used in the construction of such cabinets. Section 1215. Lathing, Plastering, and Installation of Wall Boards. The installation of lath, plaster and gypsum wall board shall conform to the fire-resistive rating requirements and the type of construction of building.
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CHAPTER XIII ELECTRICAL AND MECHANICAL REGULATIONS Section 1301. Electrical Regulations. All electrical systems equipment and installation mentioned in this Code shall conform to the provisions of the Philippine Electrical Code, as adopted by the board of Electrical Engineering pursuant to Republic Act No. 184 otherwise known as the electrical Engineering Law. Section 1302. Mechanical Regulations. All mechanical systems, equipment and installations mentioned in this Code shall conform to the provisions of the Philippine Mechanical Engineering Code, as adopted by the Board of Mechanical Engineering pursuant to Commonwealth Act No. 294 as amended, otherwise known as the Mechanical Engineering Law. CHAPTER XIV PHOTOGRAPHIC AND X-RAY FILMS Section 1401. Storage and Handling. (a) Storage rooms of unexposed photographic and X-ray films shall be provided with automatic fire extinguishing systems in the following cases: (1) When unexposed films in generally accepted safety shipping containers exceed the aggregate 14.00 cubic meters. (2) Where shelving used for storage of individual packages not in said shipping containers exceed 1.40 cubic meters in capacity; and (3) Storage is not in generally accepted safety shipping containers in any section exceeding 14.00 cubic meters. (b) Film negatives in storage or in process of handling shall be kept in heavy manila envelopes, not exceeding 12 films to an envelope. Expanding envelopes shall not be used. (c) Film negatives shall be kept in properly insulated vented cabinets, vented storage vaults or outside storage houses. Not more than 110 kilograms shall be stored in any single cabinet. Where the film stored exceeds 450 kilograms, it shall be in vented storage vault or in a detached structure or roof vault. Door openings in vault shall be of four-hour fire-resistive construction and shall be kept closed except when in use. (d) Only incandescent electric light shall be permitted: protected with substantial wire guards or vapor roof globes or both. Portable lights on extension cords are prohibited. Conspicuous "NO SMOKING" signs shall be posted. (e) No films shall be stored within 600 millimeters of steam pipes, chimneys, or other sources of heat. (f) There shall be first aid provisions of types using water or water solutions. Discarded films shall be stored and handled in the same manner as other films until removed from the premises. Section 1402. Classes of Film Exempted. (a) The provisions of this Section do not apply to the following: film for amateur photographic use in original
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packages or "roll" and "film pack" films in quantities of less than 1.40 cubic meters; safety film; dental X-ray film; establishments manufacturing photographic films and their storage incidental thereto and films stored or being used in standard motion picture booths. (b) Safety photographic X-ray film may be identified by the marking on the edge of the film. Section 1403. Fire Extinguishing System. Unless otherwise provided in this Code, all fire extinguishing system when so required shall be of a type, specifications, and methods of installation as prescribed in accordance with the requirements of the Secretary. CHAPTER XV PRE-FABRICATED CONSTRUCTION Section 1501. Prefabricated Assembly. (a) Prefabricated assembly is a structural unit, the integral parts of which have built up or assembled prior to incorporation in the building. (b) The Secretary shall prescribe special tests to determine the structural adequacy, durability, soundness, weather and fire resistance of the prefabricated assemblies. (c) Every device or system to connect prefabricated assemblies shall be capable of developing the strength of the different members as an integral structure, Except, in the case of members forming part of a structural frame as specified in this Code. Anchorages and connections between members and the supporting elements of the structure or walls shall be capable of withstanding all probable external and internal forces or other conditions for structurally adequate construction. In structural design, proper allowances shall be made for any material to be displaced or removed for the installation of pipes, conduits, or other equipment. (d) Placement of prefabricated assemblies shall be inspected to determine compliance with this Code. CHAPTER XVI PLASTICS Section 1601. Approved Plastics. Approved plastic materials shall be those which have a flame-spread rating of 225 or less and a smoke density not greater than that obtained from the burning of untreated wood under similar conditions when tested in accordance with generally accepted engineering practices. The products of combustion shall be no more toxic than the burning of untreated wood under similar conditions. Section 1602. Installation. (a) Structural Requirements. All plastic materials shall be of adequate strength and durability to withstand the prescribed design loads. Sufficient and substantial technical data shall be submitted to establish stresses, maximum unsupported spans, and such other information as may be deemed necessary for the various thicknesses and forms used. (b) Fastenings. Fastenings shall be adequate to withstand
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design loads and internal and external stresses required of the assembly. Proper allowances of plastic materials in conjunction with other materials with which it is assembled or integrated shall be provided. Section 1603. Glazing of Openings. (a) Doors, sashes and framed openings in exterior walls of all buildings except Types IV and V Constructions may be glazed or equipped with approved plastics: Provided, that: (1) The wall in which such glazing is installed is so located that openings are not required to be fire-protected. (2) Except for Type I Construction, the location size, and spacing of such glazed openings do not exceed the values set forth by the Secretary. (3) Plastic used in glazed openings for Type II Construction shall be materials appropriate for use according to flame-spread characteristics and the location, size, and spacing of the openings do not exceed the values set forth by the Secretary. Section 1604. Skylights. (a) General. Approved plastics may be used in skylights installed on roofs of Types I, II, or III constructions and all buildings in these categories shall be equipped with an approved automatic fire-extinguishing system in Groups A, B, C, E, F, J, H-3 and H-4 Occupancies: Except, that: (1) Approved plastics may be used in any type of construction or occupancy as a fire venting system when approved by the Building Official. (2) Plastic may be used in approved skylights in Type II one-hour fire-resistive construction which are located 300 millimeters or more above the lower place of the ceiling. The walls of the skylight well shall be no less fire-resistive than the adjacent ceiling. (3) Where fire-resistive ceiling is not required in one-storey buildings, approved plastics may be used in skylights. (b) Installation Requirements. (1) Except in Group A Occupancies, no skylight shall be installed within 3.00 meters of a property line. (2) The edges of dome-type skylights shall be properly flashed. (3) Plastic skylights shall be separated from each other by at least 2.50 meters laterally and 3.00 meters along the slope of the roof. (c) Allowable areas. The area of individual plastic skylights shall not exceed 10.00 square meters. The total aggregate area of plastics used in skylights, monitors, and sawtooth glazing shall not exceed twenty percent of the floor area of the room or occupancy sheltered. (d) Curb Requirements. Plastic skylights in roofs having a
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slope of less than 1 in 3 shall have a 100 millimeters high curb. The curb may be omitted where a wire screen not smaller than No. 12 U.S. gauge with a mesh not larger than 25 millimeters is provided immediately below the skylight. The screen shall be substantially mounted below the skylight. Section 1605. Light-Transmitting Panels in Monitors and Sawtooth Roofs. (a) General. Where a fire-resistive rating is not required for the roof structure, and in all buildings provided with an approved automatic fire-extinguishing system, approved plastics may be used with or without such as the lighttransmitting medium in monitors and sawtooth: Except, that plastics used in monitors or sawtooth roofs of Type II Construction shall be of materials appropriate to be used according to flame-spread characteristics. (b) Allowable Area. The area of individual plastic glazing used in monitors and sawtooth glazing shall not exceed 15.00 square meters. The total aggregate area of plastics used in skylights, monitors, and sawtooth glazing shall not exceed twenty percent of the floor area of the room or occupancy sheltered. (c) Area Separation. The area of such plastic panels shall be separated from each other by a section of incombustible material or by a section of the roofing material of the structure not less than 1.50 meters in length. The lower edge of the plastic material shall be at least 150 millimeters above the surface of the adjoining roof surface. Section 1606. Plastic Light Diffusers in Ceilings. (a) General. Ceiling light diffusers having an area greater than ten percent of any 10.00 square meters of room area shall be of approved plastics conforming to the requirements specified in this Code. (b) Installation. Plastic light diffusers shall be installed in such a manner that they will not readily become detached when subjected to room temperature of 80C for 15 minutes, Excepts, for the plastic light diffusers which are installed in the first floor area of Group C Occupancies having egress directly to the exterior of the building; and plastic light diffusers which are located between an approved automatic fire-extinguishing system and the area to be protected other than public corridors for Group A, B, C, D, E, G, H and I Occupancies if tests required by the Secretary have established that such installation will not interfere with the efficient operation of such automatic fire-extinguishing systems. Section 1607. Partitions. Where partitions are not required to be of fire-resistive or incombustible construction, approved plastics conforming to the requirements specified in this Code may be used. Section 1608. Exterior Veneer. (a) General
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Exterior veneer may be of approved plastic materials, and shall conform to the provisions of this Section. (b) Height Plastic veneer shall not be attached to any exterior wall above the first storey: Provided, that plastic veneer may be attached to exterior walls above the first storey of buildings located outside of highly restrictive Fire Zones: Provided, further that the height of the veneer is not in excess of 10.00 meters above the adjacent of elevation. (c) Area Sections of plastic veneer shall not exceed 15.00 square meters in area, Except, that in less restrictive Fire Zones, the area may be increased by fifty percent. (d) Separation Sections of plastic veneer shall be separated by a minimum of 1.20 meters vertically and 600 millimeters horizontally. Section 1609. Awnings and Canopies. (a) Plastic materials appropriate for use according to Flame Spread characteristics may be utilized in awnings and canopies, provided such awnings and canopies are constructed in accordance with provisions governing projections and appendages as specified in this Code. (b) Approved plastics may be used in awnings where untreated canvass is permitted. (c) Approved plastics may be used in lieu of plain glass in greenhouses in less restrictive Fire Zones. CHAPTER XVII SHEET METAL PAINT SPRAY BOOTHS Section 1701. Sheet Metal Paint Spray Booths. (a) General Paint spray booths shall be constructed of steel of not less than No. 18 U.S. gauge in thickness and shall be designed in accordance with this Code. (b) Area The area of a paint spray booth shall not exceed 150 square meters not ten percent of the basic area permitted for the major of the building according to its Occupancy Group. (c) Floor Construction The floor shall be constructed of incombustible material. (d) Interior Surface. Paint spray booths shall be designed to permit the free passage of the exhaust air from all parts of the interior and all interior surface shall be smooth and continuous without outstanding edges. Section 1702. Fire Protection. Every spray booth having an open front elevation larger than 1.00 square meter and which is not equipped with doors, shall have a fire curtain or metal deflector not less than 100 millimeters deep installed at the upper outer edge of the booth opening. Section 1703. Light. Paint spray booths shall be illuminated through hammered wire or heat-treated glass panels. The glass panels shall be located in such a manner as to reduce the hazard of ignition caused by paint spray deposit.
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Section 1704. Ventilation. (a) General Mechanical ventilation shall be provided direct to the exterior of the building. The mechanical exhaust system shall be designed to move the air through any portion of the paint spray area at the rate of not less than 30.00 lineal meters per minute. The blades of exhaust fans shall be constructed of non-ferrous material and shall be mounted in such a manner as to prevent contact with the exhaust duct. The motor shall not be mounted in the spray booth or the duct system and belts shall be enclosed where they enter the booth or duct system. (b) Exhaust Ducts. Exhaust ducts shall be constructed of steel having a thickness not less than the values set by the Secretary. The discharge point for ducts in a paint spray booth shall be not less than 2.00 meters from the adjoining combustible construction nor less than 8.00 meters from adjoining exterior wall openings: Except, that the discharge point for exhaust ducts is not regulated in a waterwash spray booth. CHAPTER XVIII GLASS AND GLAZING Section 1801. General Requirements (a) This Chapter shall apply to exterior glass and glazing in all Occupancies except Groups A, B, and J Occupancies not over three storeys in height, and to interior and exterior glass and glazing in all occupancies subject to human impact as specified in this Code. (b) Standards for materials shall conform to the provisions set by the Secretary on glass dimensional tolerances, breaking stress levels, and design safety factors. (c) Each light shall bear the manufacturer's label designating the type and thickness of glass. Each light with special performance characteristics such as laminated, heat strengthened fully tempered or insulated, shall bear the manufacturer's identification showing the special characteristics and thickness by etching or other permanent identification that shall be visible after the glass is glazed. Section 1802. Area Limitation. Exterior glass and glazing shall be capable of safely withstanding the load due to wind pressures for various height zones above ground acting inward or outward. The area of individual lights shall not be more than the maximum allowable area of glass according to the wind load multiplied by the appropriate adjustment factor. Section 1803. Glazing. Glass firmly supported on all four edges shall be glazed with minimum laps and edge clearances in accordance with Section 1801 paragraph (b), Provided, that glass edge clearance in fixed openings shall be not less than what is required for wind and earthquake drift. For glass not firmly supported on all four edges and design shall be submitted for approval of the Building Official. Glass
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supports shall be considered firm when deflection of the support at design load does not exceed 1/175 of the span. Section 1804. Louvered Windows. Regular plate, sheet, or patterned glass in jalousies and louvered windows shall not be thinner than 5.6 millimeters minimal and not longer than 1.20 meters. Exposed glass edges shall be smooth. Section 1805. Impact. Frameless glass doors, glass in doors, fixed glass panels, and similar glazed openings which may be subject to accidental human impact shall conform with the requirements set forth by the Secretary on impact loads of glass: Except in the following cases: (1) Bathtub and shower enclosures shall be constructed from approved shatter-resistant materials, such as: wire reinforced glass not less than 5.6 millimeters thick; fully tempered glass not less than 4.8 millimeters thick: or laminated safety glass not less than 6.4 millimeters thick. (2) Glass lights located not less than 450 millimeters above the adjacent finished floor or walking surface. (3) Glass lights when the least dimension is not greater than 450 millimeters. (4) Glass lights 1.50 square meters or less in area. CHAPTER XIX THE USE OF COMPUTERS Section 1901. General Rule. The use of computers for all or any part of the design of buildings under this Code is permitted provided that all programs to be used are documented. Section 1902. Program Documentation. Documenting a program under this Code consists of filing with the Building Official a reference to a publication or publications accessible to him were the detailed description of the program or a brief statement of the theoretical background of the program including a description of the algorithms used are found. Section 1903. Submission of Computer-Generated Computations. A copy of the output sheets for computer-generated computations shall be submitted as a part of the design computations. The out sheets shall be accompanied by a certification of a designer and/or consultant that the output sheets are the results obtained through the use of documented programs. The certification should include the identification of the specific program used for each portion of the computer-generated computations being submitted. CHAPTER XX SIGNS Section 2001. General Requirements. (a) No sign or signboard shall be erected in such manner as to confuse or obstruct the view or interpretation of any official traffic sign, signal, or device. (b) No sign or signboard shall be constructed as to unduly obstruct the natural view of the landscape, distract or
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obstruct the view of the public as to constitute a traffic hazard, or otherwise defile, debase or offend aesthetic and cultural values and traditions. Section 2002. Maintenance. All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display of all signs shall be kept nearly painted and secured at all times. Section 2003. Design and Construction. Sign structures shall be designed and constructed to resist all forces in accordance with the National Structural Code for Buildings. For signs on buildings, the dead and lateral loads shall be transmitted through structural frame of the building to the ground in such a manner as not to overstress any of the elements of the building. The weight of earth superimposed over footings may be used in determining the dead load resisting moment. Such earth shall be carefully placed and thoroughly compacted. Section 2004. Supports and Anchorages. (a) General. The supports and anchorage of all signs or sign structures shall be placed in or upon private property and shall be constructed in conformity with the requirements of this Code. (b) Materials. Materials for construction of signs or sign structures shall be of the quality and grade as specified in this Code. (c) Restrictions on Combustible Materials. All signs or sign structures erected in highly restrictive Fire Zones shall have structural members of incombustible materials. Ground signs may be constructed of any material meeting the requirements of this Code. Combinations signs, roof signs, wall signs, projecting signs, and signs on marquees shall be constructed of incombustible materials. No combustible material other than approved plastics shall be used in the construction of electrical signs. (d) Non-Structural Trim. Non-structural trim and portable display surfaces may be of wood, metal, approved plastics, or any combination thereof. (e) Display Surfaces. Display surfaces in all types of signs may be made of metal, glass, or approved plastics. Section 2005. Projections and Clearances. (a) Clearances from High Voltage Power Lines. Clearances of signs from high voltage power lines shall be in accordance with the Philippine Electrical Code. (b) Clearances from Fire Escapes, Exits, or Standpipes. No signs or sign structures shall be erected in such a manner than any portion to its surface or supports will interfere in any way with the free use of any fire escape, exit, or standpipe. (c) Obstruction of Openings. No sign shall obstruct any opening to such an extent that light ventilation is reduced to a point below that required by this Code. Signs erected within 1.50 meters of an exterior wall in which there are openings within the area of the sign shall be constructed
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of incombustible material or approved plastics. (d) Projection Over Alleys. No sign or sign structure shall project into any public alley below a height of 3.00 meters above established sidewalk grade, nor project more than 300 millimeters where the sign structure is located 3.00 meters to 4.5 meters above established sidewalk grade. The sign or sign structure must not project more than 1.00 meter into the public alley where the sign or sign structure is located more than 4.50 meters above established sidewalk grade. Section 2006. Lighting. Signs shall be illuminated only by electrical means in accordance with the Philippine Electrical Code. CHAPTER XXI TRANSITORY AND FINAL PROVISIONS Section 2101. Existing Buildings and Structures. All buildings or structures constructed under R.A. 6541 or existing city or municipal building codes or ordinances, if legally done in accordance therewith, shall be respected subject to such limitations established in this Code. However, alterations, additions, conversions, and/or repairs to be made in such building or structures shall be subject to the provisions of this Code. Section 2102. Interim Rules and Regulations. Interim rules and regulations on buildings promulgated by the Secretary before the adoption of this Code pursuant to existing laws or decrees shall continue to have binding force and effect, when not in conflict with the provisions of this Code. Section 2103. Separability Clause. If any provision of this Decree or the application thereof is to any person or circumstance declared unconstitutional or invalid for any reason, the same shall not affect the validity of the other provisions. Section 2104. Repealing Clause. All laws, decrees, provisions of charters, executive orders, ordinances, rules and regulations or parts thereof contrary to or inconsistent with the provision of this Decree are hereby repealed, amended, or modified accordingly. Section 2105. Effectivity. This Decree shall take effect upon its promulgation. Done in the City of Manila, this 19th of February, in the year of Our Lord, nineteen hundred and seventy-seven. ANNEX "A" WORDS, TERMS AND PHRASES (Definitions) ACCESSORIA OR ROW HOUSE A house of not more than two storeys, composed of a row or dwelling units entirely separated from one another by partly wall or walls and with an independent entrance for each dwelling units. ACCESSORY BUILDING A building subordinate to the main building on the same lot and used for purposes customarily incidental to those of the main building such as servants quarters, garage, pump house, laundry, etc.
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AGRICULTURAL BUILDING A building designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged; nor shall it be placed used by the public. ALLEY Any building space or thoroughfare which has been dedicated or deeded to the public or for public use as a passageway with a width of not more than three meters. ALTER OR ALTERATION Any change, addition, or modification in construction of occupancy. APARTMENT A room or suite of two or more rooms, designed and intended for, or occupied by one family for living, sleeping, and cooking purposes. APARTMENT HOUSE Any building or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, and shall include flats and apartments. ARCADE Any portion of a building above the first floor projecting over the sidewalk beyond the first storey wall used as protection for pedestrians against rain or sun. ASSEMBLY BUILDING OR HALL A building or a portion of a building used for the gathering together of fifty or more persons for such purposes as deliberation, workshop, entertainment, amusement, or awaiting transportation or of a hundred or more persons in drinking and dining establishments. ATTIC STOREY Any storey situated wholly or partly in a roof, so designed, arranged, or built as to be used for business, storage, or habitation. AWNING 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. BACKING The surface or assembly to which veneer is attached. BALCONY A portion of the seating space of an assembly room, the lowest part of which is raise 1.20 meters or more above the level of the main floor. BALCONY EXTERIOR EXIT A landing or porch projecting from the wall of a building, and which serves as a required means of egress. The long size shall be at least fifty percent open, and the open area above the guardrail shall be so distributed as to prevent the accumulation of smoke or toxic gases. BARBECUE A stationary open hearth or brazier, either fuel-fired or electric, used for floor preparation.
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BASEMENT A portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor is less than the vertical distance from grade to ceiling. BAY OR PANEL One of the intervals or spaces into which the building front is divided by columns, buttresses, or division walls. BOARDING HOUSE A house with five or more sleeping rooms where the boarders are provided with lodging, and meals for fixed sum paid by the month, or week, in accordance with previous arrangement. BOILER ROOM Any room containing a stream or hotwater boiler. BUILDABLE AREA The remaining space in a lot after deducting the required minimum open spaces. BUILDING Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. BUILDING HEIGHT The vertical distance from the established grade elevation to the highest point of the coping of a flat roof, to the average height of the highest gable or a pitch or hip roof, or to the top of the parapet if the roof is provided with a parapet. In case of sloping ground, the average ground level of the buildable area shall be considered the established grade elevation. BUILDING LENGTH Its general lineal dimensions usually measured in the direction of the bearing wall for girders. BUILDING WIDTH Its shortest linear dimensions usually measured in the direction of the floor, beams, or joints. CELLAR The portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. CHIMNEY CLASSIFICATIONS: (a) RESIDENTIAL APPLIANCE TYPE A factory-built or masonry chimney suitable for removing products of combustion from residential type appliance producing combustion gases not in excess of 538C measured at the appliance flue outlet. (b) LOW-HEAT APPLIANCE TYPE A factory-built masonry or metal chimney suitable for removing the product of combustion from fuel-burning lowheat appliances producing combustion gases not in excess of 538C under normal operating conditions but capable of producing combustible gases of 760C during intermittent forced firing for periods up to one hour. All temperatures are measured at the appliance flue outlet.
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(c) MEDIUM-HEAT APPLIANCE TYPE A factory built masonry or metal chimney suitable for removing the products of combustion from fuel-burning medium-heat appliances producing combustion gases not in excess of 1093C measured at the appliance flue outlet. CHIMNEY CONNECTOR The pipe which connects a flue burning appliance to a chimney. CHIMNEY LINEAR The lining materials of fire clay or other approved material. CHIMNEY MASONRY The chimney of solid masonry units bricks, stones, listed hollow unit masonry units, or reinforced concrete. CONCRETE BLOCK A hollow or solid concrete masonry unit made from portland cement and suitable aggregates such as sand, gravel, crushed stone, bituminous or anthracite cinders, burned clay, pumice, volcanic scoria,r cooled or expanded blast furnace slags. COPING The material or units used to form a cap of finish on top of a wall, pier, or pilaster. CORROSION-RESISTANT The non-ferrous metal, or any metal having an unbroken surface of non-ferrous metal, or steel with not less than 10 percent chromium or with less than 0.20 percent copper. CORROSION-RESISTANT MATERIAL Materials that are inherently rust-resistant or materials to which an approved rust-resistive coating has been applied either before or after forming or fabrication. COURSE A continuous horizontal layer of masonry units. COURT An occupied space between building lines and lot lines other than a yard; free, open, and unobstructed by appendages from the ground upward. DISPERSAL AREA (SAFE) An area which will accommodate a number of persons equal to the total capacity of the stand and building it serves, in such a manner that no person within the area need be closer than 15.00 meters from the stand or building. Dispersal areas shall be based upon the area of not less than 0.28 square meter per person. DWELLING Any building or any portion thereof which is not an "apartment house", "lodging house", or a "hotel" as defined in this Code which contained one or two "dwelling units" or "guest rooms", used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or which are occupied for living purposes. DWELLING, INDIGENOUS FAMILY A dwelling intended for the use and occupancy by the family of the owner only. It is one constructed of native materials such as bamboo, nipa, logs, or lumber, the total cost of which does not exceed fifteen thousand pesos. DWELLING, MULTIPLE A building used as a home or residence of three or more families
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living independently from one another, each occupying one or more rooms as a single housekeeping unit. DWELLING, ONE-FAMILY A detached building designated for, or occupied exclusively by one family. DWELLING UNIT One or more habitable rooms which are occupied or which are intended or designated to be occupied by one family with facilities for living, sleeping, cooking, and eating. EXIT A continuous and unobstructed means of egress to a public way, and shall include intervening doors, doorways, corridors, exterior exit balconies, ramps, stairways, smokeproof, enclosures, horizontal exits, exit passageways, exit courts, and yards. An exit shall be deemed to be that point which open directly into a safe dispersal area or public way. All measurement are to be made to that point when determining the permissible distance of the travel. EXIT COURTS A yard or court providing egress to a public way for one or more required exits. EXIT HORIZONTAL A means of passage from one building into another building occupied by the same tenant through a separation wall having a minimum fire resistance of one-hour. EXIT PASSAGEWAY An enclosed means of egress connecting a required exit or exit court with a public way. FACING Any masonry, forming an integral part of a wall used as a finished surface. (as contrasted to veneer, see definition). FIREBRICK A refractory brick. FIRECLAY A finely ground clay used as a plasticizer for masonry mortars; varies widely in physical properties. FIREPLACE A hearth and fire chamber or similarly prepared place in which a fire may be made and which is built in conjunction with a chimney. FIRE RETARDANT TREATED WOOD Lumber of plywood impregnated with chemicals and when tested in accordance with accepted fire standards for a period of 30 minutes shall have a flame-spread of not over 25 and show no evidence of progressive combustion. The Fire-retardant properties shall not be considered permanent when exposed to the weather. FIRST STOREY The floor of which is at or above the level of the sidewalk or adjoining ground, the remaining storeys being numbered in regular succession upward. FLOOR AREA The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building or portion thereof not provided with surrounding exterior walls shall be the usable area under the
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horizontal projection of the roof or floor above. FOOTING That portion of the foundation of a structure which spreads and transmits loads directly to the soil or the pile. FOUNDATION All the portions of the building or structure below the footing, the earth upon which the structure rests. GARAGE A building or portion thereof in which a motor vehicle containing gasoline, distillate, or other volative, flammable liquid in its tank, is stored, repaired, or kept. GARAGE COMMERCIAL A garage where automobiles and other motor vehicle are housed, cared for, equipped, repaired or kept for remuneration, hire, or sale. GARAGE, OPEN PARKING A structure of one or more tiers in height which is at least 50 percent open on two or more sides and is used exclusively for the parking or storage of passenger motor vehicles having a capacity of not more than nine persons per vehicle. Open parking garages are further classified as either ramp-access or mechanical-access. Rampaccess, open parking garages are those employing a series of continuously rising floors permitting the movement of vehicles under their own power from and to the street level. Mechanical access parking garages are those employing parking machines, lifts, elevators, or other mechanical services for vehicles moving from and to street level and in which public occupancy is prohibited above the street level. GARAGE PRIVATE A building or portion of a building in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. GIRDER A horizontal structural piece which supports in end of the floor beams or joists or walls over opening. GRADE (ADJACENT GROUND ELEVATION) The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point 1.50 meters distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a property line if it is less than 1.50 meters distant from sidewall. In case walls are parallel to and within 1.50 meters of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way. GROUND FLOOR The storey at or near the level of the grade, the other storeys, beginning with second for the first next above, shall be designated by the successive floor numbers counting upward. GUEST ROOM Any room or rooms used, or intended to be used by a guest for sleeping purposes. Every 9.30 square meters of superficial floor area in a dormitory shall be considered to be a guest room. HABITABLE ROOM Any room meeting the requirements of this Code for sleeping, living,
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cooking, or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet room, service rooms, connecting corridors, laundries, unfinished attics, storage, space cellars, utility rooms, and similar spaces. HALL, COMMON A corridor or passageway used in common by all the occupants within a building. HALL, STAIRS A hall which includes the stair, stair landings, and those portions of the common halls through which it is necessary to pass in going between the entrance floor and the room. HELIPORT An area of land or water or a structural surface which is used, or intended for use, the landing and take off helicopters and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. HELISTOP The same as heliport except that no refueling, maintenance repairs, or storage of helicopters is permitted. HOTEL A building or a part thereof with rooms occupied or intended to be occupied for hire as temporary aboding place of individuals with a general kitchen and public dining room service, but no provision for cooking in any individual suite or room. HOTEL APARTMENT An apartment house which may furnish dining room service and other services for the exclusive use of its tenants. INCOMBUSTIBLE As applied to building construction material, as material which, in the form it is used, is either one of the following: (a) Material having an structural base of incombustible material as defined in Item (2), above, with a surfacing material not over 3.2 millimeters thick which has a flamespread rating of 50 or less. (b) "Incombustible" does not apply to surface finish materials. Material required to be incombustible for reduced clearance to flues, heating appliances, or other materials shall refer to material conforming to the provisions of this Code. No material shall be classed as incombustible which is subject to increase in combustibility or flame-spread rating beyond the limits herein established, through the effects of age, moisture, or other atmospheric condition. INCOMBUSTIBLE MATERIAL When referred to as structural material, means brick, stone, terracotta, concrete, iron, steel, sheet, metal, or tiles, used either singly or in combination. INCOMBUSTIBLE ROOFING A covering of not less than two thickness of roofing felt and a good coat of tar and gravel or tin, corrugated iron or other approved fire-resisting material with standing seam of lap joint. INCOMBUSTIBLE STUD PARTITION A partition plastered on both sides upon metal lath or wire cloth for the full height, and fire-topped between the studs with incombustible material 20 centimeters above the floor and at the
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ceiling. LINE, BUILDING The line formed by the intersection of the outer surface of the enclosing wall of the building and the surface of the ground. LINTEL The beam or girder placed over an opening in a wall, which supports the wall construction above. LOAD, DEAD The weight of the permanent portions of a building or structure; it includes the weight of the walls permanent partitions, framing floors, roofs, and all other permanent and stationary fixtures mechanism, and other construction entering into and becoming a part of a building or structure. LOAD, LATERAL That load cased by winds, earthquakes, or other dynamic forces. LOAD, LIVE The weight of the contents of a building or structure; it includes all loads except dead and lateral, and weight of temporary partitions, cases, counters, and similar equipment, and all loads imposed due to the occupancy of the building or structure. LOAD, OCCUPANT The total number of persons that may occupy a building or portion thereof at any one time. LODGING HOUSE Any building or portion thereof, containing not more than five guest rooms which are used by not more than five guests where rent is paid in money, goods, labor or otherwise. LOT A parcel of land on which a principal building and its accessories are placed or may be placed together with the required open spaces. A lot may or may not be the land designated as lot or recorded plot. LOT, CORNER A lot situated at the junction of two or more streets forming an angle of not more than one hundred thirty-five degrees (135). LOT, DEPTH OF The average horizontal distance between the front and the rear lot lines. LOT, FRONT The front boundary line of a lot bordering on the street and in the case of a corner lot, it may be either frontage. LOT, INSIDE A lot fronting on but one street of public alley and the remaining sides bounded by lot lines. LOT LINE The line of demarcation between either public and private property. LOT, OPEN A lot bounded on all sides street lines. LOT, WIDTH OF The average horizontal distance between the side lot lines. MASONRY A form of construction composed of stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile, or other similar building units of material or combination of these material laid up unit and
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set in mortar. MASONRY SOLID Masonry of solid units built without hollow spaces. MASONRY UNIT Brick, block, tile, stone or other similar building unit or combination thereof, made to be bounded together by a cementation agent. MEZZANINE OR MEZZANINE FLOOR A partial intermediate floor in any storey or room of a building having an area not more than one-half of the area of the room or space in which it is constructed. NON-CONFORMING BUILDING A building which does not conform with the regulations of the district where it is situated as to height, yard requirement, lot area, and percentage of occupancy. NON-CONFORMING USE The use of a building or land or any portion of such building or land which does not conform with the use and regulation of the zone where it is situated. OCCUPANCY The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. OWNER Any person, company, or corporation owning the property or properties under consideration or the receiver or trustee thereof. PANIC HARDWARE A bar which extends across at least one-half the width of each door leaf, which will open the door if subjected to pressure. PARTITION An interior subdividing walls. PIER An insolated mass of masonry forming support for arches, columns, girders, lintels, trusses, and similar structural parts. PLASTER A portion of the wall which projects on one or both sides and acts as a vertical beam, a column, or both. PLASTER, PORTLAND, CEMENT A mixture of portland cement, or portland cement and lime, and aggregate and other approved material as specified in this Code. PLASTICS, APPROVED Plastic materials which have a flame spread rating of 225 or less. PLATFORM, ENCLOSED A partially enclosed portion of an assembly room the ceiling of which is not more than 1.50 meters above the prossenium opening and which is designed or used for the presentation of plays, demonstrations, or other entertainment wherein scenery, drops, decorations, of the effects may be installed or used. PUBLIC WAY A parcel of land unobstructed from the ground to the sky, more than 3.00 meters in width, appropriated to the free passage of the
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general public. REPAIR The construction or renewal of any part of an existing building for the purpose of its maintenance. The word "repair" shall not apply to any change of construction. SHAFT A vertical opening through a building for elevators, dumbwaiters, mechanical equipment, or similar purposes. SHOW WINDOW A store window in which goods are display. SLUM Blighted Area: Eyesore; An area where the values of real estate tend to deteriorate because of the dilapidated, obsolescent, and insanitary condition of the building within the area. Any eyesore is a building or area which is markedly unpleasant to look at. SOCALO, MASONRY The wall between the bottom of the window sill and the ground. SOFFIT The underside of a beam. lintel, or revear. STABLE Any structure designed and intended for the enclosure, shelter, or protection of any horse, carabao, or other cattle. STABLE, COMMERCIAL A stable wherein the animals kept are for business, racing or breeding purposes. STAGE A partially enclosed portion of an assembly building which is designed or used for the representation of plays, demonstrations, or other entertainment wherein scenery, drops or other effects may be installed or used, and where the distance between the top of the prosecenium openings and the ceiling above the stage is more than 1.50 meters. STAIRWAY Two or more risers shall constitute a stairway. STAIRWAY, PRIVATE A stairway serving one tenant only. STOREY That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost storey shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than 3.60 meters above grade as defined herein at any point. Such basement, cellar or unused underfloor space shall be considered as a storey. STOREY, HEIGHT OF The perpendicular distance from top to top of two successive of floors, floor beams, or joists. The clear height of a storey or a room is the distance from the floor to the ceiling. The clear height of balconies is measured from the highest point of the sidewall grade to the underside of the balcony floor joists. If these joists are sealed, this clear height is measured to the underside of the sealing.
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STREET Any thoroughfare of public space which has been dedicated or deeded to the public for public use. STRUCTURE That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. STRUCTURAL FRAME The framing system including the columns and the girders, beams, trusses, and spandrels having direct connections to the columns and all other members which are essential to the stability of the building as a whole. The members of floor or roof which have no connection to the column shall be considered secondary and not a part of the structural frame. SUPORTALES The vertical supports, such as posts or stanchions, as used in indigenous or traditional type of construction. These may be freestanding as stilts or integrated into the wall structure. In the case of former, pie de gallos (knee braces) or crosettas (cross bracing) are sometimes used. SURFACE, EXTERIOR Weather-exposed surface. SURFACE, INTERIOR Surfaces other than weather-exposed surfaces. SURFACE, WEATHER-EXPOSED All surfaces of walls, ceilings, floors, roofs, soffits, and similar surfaces exposed to the weather except the following: (a) Ceiling and roof soffits by walls, or by beams extend a minimum of 300 millimeters below such ceiling or roof soffit; (b) Walls or portions of walls within an unenclosed roof area, when located a horizontal distance from an exterior opening equal to twice the height of the opening; and (c) Ceiling and roof soffits beyond a horizontal distance of 3.00 meters from the outer edge of the ceilings or roof soffits. VALUE OR VALUATION OF A BUILDING The estimated cost to replace the building in kind, based on current replacement costs. VAULT Any surface or underground construction covered on top, or any fireroof construction intended for the storage of valuables. VENEER ADHERED Veneer secured and supported by approved mechanical fasteners attached to an approved backing supported through adhesion to an approved bonding material applied over an approved backing. VENEER, EXTERIOR Veneer applied to weather-exposed surfaces. VENEER, INTERIOR Veneer applied to surfaces other than weather-exposed surfaces. WALL BEARING A wall which supports any load other than its own weight. WALL, CROSS
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A term which may be used synonymously with a partition. WALL, CURTAIN The enclosing wall of an iron or steel framework or the nonbearing portion of an enclosing wall between pier. WALL, DEAD A wall without openings. WALL, EXTERIOR Any wall or element of a wall or any number or group of members, which defines the exterior boundary or courts of a building. WALL, FACED A wall in which the facing and backing are so bonded together that they act as a composite element, and exert a common action under load. WALL, FIRE Any wall which subdivided a building so as to resist the spread of fire, by starting at the foundation and extending continuously through all storeys to, or above the roof. Extension above the roof is 1.00 meters. WALL, FOUNDATION That portion of an enclosing wall below the first tier of floorjoists. WALL, HEIGHT OF The perpendicular distance measured from its base line either at the grade or at the top of the girder to the top of the coping thereof. Foundation and retaining walls are measured from the grade downward to the base of the footing. WALL, NONBEARING A wall which supports no load other than its own weight. WALL, PARAPET That part of any entirely above the roof line. WALL, PARTY A wall separating two or more buildings, and used in common by the said buildings. WALL, RETAINING Any wall used to resist the lateral displacement of any material; a subsurface wall built to resist the lateral pressure of internal loads. WALL, THICKNESS OF The minimum thickness measured on the bed. WINDOW An opening through a wall of a building to the outsider for the purpose of admitting natural light andr. WINDOW, ORIEL A projecting window similar to a bay window, cut curried on brackets or corbels. The term "bay window" may also be applied to an oriel window projecting over the street line. WIRE BACKING Horizontal strands of tautened wire attached to surfaces of vertical wood supports which, when covered with building paper, provide a backing for portland cement plaster. YARD OR PATIO The vacant space left in a lot between the building and the property line. YARD, REAR
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The yard lying between the side lot lines and the nearest lot line and the nearest building line. YARD, SIDE The yard lying between the side line and the nearest building and between the front and the rear yards. ANNEX "B" TABLE 708-A. DIMENSION OF WOODEN POSTS OR SUPORTALES Type Maximum Maximum Maximum Required Maximum Building Height of Height Spacing of Finished Size 1st Floor Total of Post Suportales 1-Storey Shed 4.00 M 3.50 M 10 cms. x 10 cms. 1-Storey Shed 3.00 M 4.00 M 10 cms. x 10 cms. 1-Storey Shed 5.00 M 4.00 M 12.5cms.x 12.5cms. 1-Storey House 5.50 M 3.50 M 12.5cms.x 12.5cms. or Chalet 2-Storey House 1.00 to 6.00 M 3.00 M 12.5cms.x 12.5cms. 2-Storey House 3.00 M 7.00 M 4.00 M 12 cms. x 15 cms. 2-Storey House 4.50 M 8.00 M 4.50 M 17.5cms.x 17.5cms. 2-Storey House 5.00 M 9.00 M 4.50 M 20 cms. x 20 cms. Logs or tree suportales may be used as post in indigenous traditional type of construction, provided that these are of such sizes and spacing as to sustain vertical loading equivalent at least to the loading capacities of the posts and spacing in this Tables. TABLE 1003-A PROJECTIONS OF BALCONIES AND APPENDAGES Width of Streets Balconies Total Projections Over 3.00 m. but less than 6.00 With Balcony 0.60 m. 6.00 m. to less than 10.00 m. With Balcony 0.90 m. 10.00 m. up to 11.00 m. With Balcony 1.00 m. 10.00 m. to less than 11.00 m. With Balcony 1.10 m. 12.00 m. to less than 13.00 m. With Balcony 1.30 m. 13.00 m. to less than 14.00 m. With Balcony 1.40 m. 14.00 m. or over With Balcony 1.50 m. TABLE 1106-A. TYPE OF PROTECTION REQUIRED FOR PEDESTRIANS HEIGHT OF DISTANCE FROM CONSTRUCTION PROTECTION CONSTRUCTION REQUIRED Eight feet or Less than six feet Rating less Six feet or more None Less than six feet Fence and Canopy Six feet or more but not more than one-fourth the height of Fence and construction Canopy More than Six feet or more, but between eight feet one-fourth to one half the height of construction Fence Six feet or more but exceeding one-half the construction height None Note: All protective devices shall include appropriate lights and warning signs
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Republic of the Philippines Congress of the Philippines Metro Manila Fourteenth Congress Second Regular Session Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand eight. Republic Act No. 9514 (Approved by PGMA on December 19, 2008) AN ACT ESTABLISHING A COMPREHENSIVE FIRE CODE OF THE PHILIPPINES, REPEALING PRESIDENTIAL DECREE NO. 1185 AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: Section 1. This Act shall be known as the "Revised Fire Code of the Philippines of 2008". Section 2. It is the policy of the State to ensure public safety and promote economic development through the prevention and suppression of all kinds of destructive fires and promote the professionalization of the fire service as a profession. Towards this end, the State shall enforce all laws, rules and regulations to ensure adherence to standard fire prevention and safety measures, and promote accountability for fire safety in the fire protection service and prevention service. Section 3. Definition of Terms. - As used in this Fire Code, the following words and phrases shall mean and be construed as indicated: Abatement - Any act that would remove or neutralize a fire hazard. Administrator - Any person who acts as agent of the owner and manages the use of a building for him. Blasting Agent - Any material or mixture consisting of a fuel and oxidizer used to set off explosives. Cellulose Nitrate or Nitro Cellulose - A highly combustible and explosive compound produced by the reaction of nitric acid with a cellulose material. Cellulose Nitrate Plastic (Pyroxylin) - Any plastic substance, materials or compound having cellulose nitrate (nitro cellulose) as base. Combustible, Flammable or Inflammable - Descriptive of materials that are easily set on fire. Combustible Fiber - Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste cloth, waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly used in commerce. Combustible Liquid - Any liquid having a flash point at or above 37.8_C (100_F). Corrosive Liquid - Any liquid which causes fire when in contact with organic matter or with certain chemicals. Curtain Board - A vertical panel of non-combustible or fire resistive materials attached to and extending below the bottom chord of the roof trusses, to divide the underside of the roof into separate compartments so that heat and smoke will be directed upwards to a roof vent. Cryogenic - Descriptive of any material which by its nature or as a result of its reaction with other elements produces a rapid drop in temperature of the immediate surroundings. Damper - A normally open device installed inside an air duct system which automatically closes to restrict the passage of smoke or fire. Distillation - The process of first raising the temperature in separate the more volatile from the less volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified
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substance. Duct System - A continuous passageway for the transmission of air. Dust - A finely powdered substance which, when mixed with air in the proper proportion and ignited will cause an explosion. Electrical Arc - An extremely hot luminous bridge formed by passage of an electric current across a space between two conductors or terminals due to the incandescence of the conducting vapor. Ember - A hot piece or lump that remains after a material has partially burned, and is still oxidizing without the manifestation of flames. Finishes - Materials used as final coating of a surface for ornamental or protective purposes. Fire - The active principle of burning, characterized by the heat and light of combustion. Fire Trap - A building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire escapes. Fire Alarm - Any visual or audible signal produced by a device or system to warm the occupants of the building or fire fighting elements of the presence or danger of fire to enable them to undertake immediate action to save life and property and to suppress the fire. Fire Door - A fire resistive door prescribed for openings in fire separation walls or partitions. Fire Hazard - Any condition or act which increases or may cause an increase in the probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the safeguarding of life and property. Fire Lane - The portion of a roadway or publicway that should be kept opened and unobstructed at all times for the expedient operation of fire fighting units. Fire Protective and Fire Safety Device - Any device intended for the protection of buildings or persons to include but not limited to built-in protection system such as sprinklers and other automatic extinguishing system, detectors for heat, smoke and combustion products and other warning system components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other garments that may be put on or worn by persons to protect themselves during fire. Fire Safety Constructions - Refers to design and installation of walls, barriers, doors, windows, vents, means of egress, etc. integral to and incorporated into a building or structure in order to minimize danger to life from fire, smoke, fumes or panic before the building is evacuated. These features are also designed to achieve, among others, safe and rapid evacuation of people through means of egress sealed from smoke or fire, the confinement of fire or smoke in the room or floor of origin and delay their spread to other parts of the building by means of smoke sealed and fire resistant doors, walls and floors. It shall also mean to include the treatment of buildings components or contents with flame retardant chemicals. Flash Point - The minimum temperature at which any material gives off vapor in sufficient concentration to form an ignitable mixture with air. Forcing - A process where a piece of metal is heated prior to changing its shape or dimensions. Fulminate - A kind of stable explosive compound which explodes by
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percussion. Hazardous Operation/ Process - Any act of manufacturing, fabrication, conversion, etc., that uses or produces materials which are likely to cause fires or explosions. Horizontal Exit - Passageway from one building to another or through or around a wall in approximately the same floor level. Hose Box - A box or cabinet where fire hoses, valves and other equipment are stored and arranged for fire fighting. Hose Reel - A cylindrical device turning on an axis around which a fire hose is wound and connected. Hypergolic Fuel - A rocket or liquid propellant which consist of combinations of fuels and oxidizers which ignite spontaneously on contact with each other. Industrial Baking and Drying - The industrial process of subjecting materials to heat for the purpose of removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform glazing the surface of materials being treated. Jumper - A piece of metal or an electrical conductor used to bypass a safety device in an electrical system. Occupancy - The purpose for which a building or portion thereof is used or intended to be used. Occupant - Any person actually occupying and using a building or portions thereof by virtue of a lease contract with the owner or administrator or by permission or sufferance of the latter. Organic Peroxide - A strong oxidizing organic compound which releases oxygen readily. It causes fire when in contact with combustible materials especially under conditions of high temperature. Overloading - The use of one or more electrical appliances or devices which draw or consume electrical current beyond the designed capacity of the existing electrical system. Owner - The person who holds the legal right of possession or title to a building or real property. Oxidizing Material - A material that readily yields oxygen in quantities sufficient to stimulate or support combustion. Pressurized Or Forced Draft Burning Equipment - Type or burner where the fuel is subjected to pressure prior to discharge into the combustion chamber and/or which includes fans or other provisions for the introduction of air at above normal atmosphere pressure into the same combustion chamber. Public Assembly Building - Any building or structure where fifty (50) or more people congregate, gather, or assemble for any purpose. Public Way - Any street, alley or other strip of land unobstructed from the ground to the sky, deeded, dedicated or otherwise permanently appropriated for public use. Pyrophoric - Descriptive of any substance that ignites spontaneously when exposed to air. Refining - A process where impurities and/or deleterious materials are removed from a mixture in order to produce a pure element of compound. It shall also refer to partial distillation and electrolysis.
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Self-Closing Doors - Automatic closing doors that are designed to confine smoke and heat and delay the spread of fire. Smelting - Melting or fusing of metallic ores or compounds so as to separate impurities from pure metals. Sprinkler System - An integrated network of hydraulically designed piping installed in a building, structure or area with outlets arranged in a systematic pattern which automatically discharges water when activated by heat or combustion products from a fire. Standpipe System - A system of vertical pipes in a building to which fire hoses can be attached on each floor, including a system by which water is made available to the outlets as needed. Vestibule - A passage hall or antechamber between the outer doors and the interior parts of a house or building. Vertical Shaft - An enclosed vertical space of passage that extends from floor to floor, as well as from the base to the top of the building. Section 4. Applicability of The Code. - The provisions of the Fire Code shall apply to all persons and all private and public buildings, facilities or structures erected or constructed before and after its effectivity. Section 5. Responsibility for the Enforcement of this Code. - This Code shall be administered and enforced by the Bureau of Fire Protection (BFP), under the direct supervision and control of the Chief of the Bureau of Fire Protection, through the hierarchy of organization as provided for in Chapter VI of Republic Act No. 6975. with the approval of the Secretary of the Department of the Interior and Local Government (DILG), the BFP, is hereby authorized to: a. Issue implementing rules and regulations, and prescribe standards, schedules of fees/fire service charges and administrative penalties therefore as provided in the pertinent provisions of this Code; b. Reorganize the BFP as may be necessary and appropriate; c. Support and assist fire volunteers, practitioners and fire volunteer organizations in the country who shall undergo mandatory fire suppression, inspection, rescue, emergency medical services and related emergency response trainings and competency evaluations to be conducted by the BFP. In the case of the Fire practitiones, they shall undergo mandatory continuous professional education and competency evaluation of their expertise, knowledge and skills in the area of fire science, engineering and technology to be conducted by the BFP; The BFP may enter into external party agreements for the conduct of training, education and evaluation of fire volunteers, practitioners and fire volunteer organizations, which shall be under the full control and supervision of the BFP: Provided, however, That during firefighting operations, fire volunteer organizations shall be under the direct operational control of the fire ground commanders of the BFP; d. Enter into long term agreement, either through public biddings or negotiations in accordance with the provisions of Republic Act No. 9184, otherwise known as the Government Procurement Reform Act of 2003, for the acquisition of fire prevention, fire protection and fire fighting investigation, rescue, paramedics, hazardous material handling equipment, supplies, materials and related technical services necessary for the fire services; e. Enter into Memoranda of Agreement with other departments, bureaus, agencies, offices and corporations of the government, as well as private institutions, in order to define areas of cooperation and coordination and delineate responsibility on fire prevention education, fire safety, fire prevention, fire suppression and other matters of common concern; f. Call on the police, other law enforcement agencies, and local government assistance to render necessary assistance in the enforcement of this Code; g. Designate a fire safety inspector through his/her duly authorized representative, who shall conduct an inspection of every building or structure within his area of responsibility at least once a year and every time the owner, administrator or occupant shall renew his/her business
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permit or permit to operate; No occupancy permit, business or permit to operate shall be issued without securing a Fire Safety Inspection Certification (FSIC) from the Chief, BFP, or his/her duly authorized representative; h. Inspect at reasonable time, any building, structure, installation or premises for dangerous or hazardous conditions or materials as set forth in this Code, provided that in case of single family dwelling, an inspection must be upon the consent of the occupant or upon lawful order from the proper court. The Chief, BFP or his/her duly authorized representative shall order the owner/occupant to remove hazardous materials and/or stop hazardous operation/process in accordance with the standards set by this Code or its implementing rules or regulations or other pertinent laws; i. Where conditions exist and are deemed hazardous to life and property, to order the owner/occupant of any building or structure to summarily abate such hazardous conditions; j. Require the building owner/occupant to submit plans and specifications, and other pertinent documents of said building to ensure compliance with applicable codes and standards; and k. Issue a written notice to the owner and/or contractor to stop work on portion of any work due to absence, or in violation of approved plans and specifications, permit and/or clearance or certification as approved by the Chief, BFP or his/her duly authorized representative. The notice shall state the nature of the violation and no work shall be continued on that portion until the violation has been corrected. Section 6. Technical Staff. - The Chief, BFP shall constitute a technical staff of highly qualified persons who are knowledgeable on fire prevention, fire safety, and fire suppression. They may be drawn not only from the organic members of the BFP and other government offices and agencies, but also from other sources. In the latter case, they will either be appointed into the service or hired as consultants in accordance with law. The technical staff shall study, review and evaluate latest developments and standards on fire technology; prepare plans/programs on fire safety, prevention and suppression and evaluate implementation thereof; develop programs on the professionalization of the fire service; coordinate with appropriate government and private institutions for the offering of college courses on fire technology and fire protection engineering; propose amendments to the Fire Code; advise the Chief, BFP on any matter brought to his attention; and perform such other functions as directed on any matter brought to his attention and perform such other functions as directed by higher authorities. Section 7. Inspections, Safety Measures, Fire Safety, Constructions, and Protective and/or Warning Systems. - As may be defined and provided in the Rules and Regulations, owners, administrators or occupants of buildings, structures and their premises or facilities and other responsible persons shall be required to comply with the following, as may be appropriate: a. Inspection Requirement - A fire safety inspection shall be conducted by the Chief, BFP or his duly authorized representative as prerequisite to the grants of permits and/or licenses by local governments and other government agencies concerned, for the: (1) Use or occupancy of buildings, structures, facilities or their premises including the installation or fire protection and fire safety equipment, and electrical system in any building structure or facility; and (2) Storage, handling and/or use of explosives or of combustible, flammable, toxic and other hazardous materials; b. Safety Measures for Hazardous Materials - Fire safety measures shall be required for the manufacture, storage, handling and/or use of hazardous materials involving: (1) cellulose nitrate plastic of any kind; (2) combustible fibers; (3) cellular materials such as foam, rubber, sponge rubber and plastic foam; (4) flammable and combustible liquids or gases of any classification; (5) flammable paints, varnishes, stains and organic coatings; (6) high-piled or widely spread combustible stock;
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(7) metallic magnesium in any form; (8) corrosive liquids, oxidizing materials, organic peroxide, nitromethane, ammonium nitrate, or any amount of highly toxic, pyrophoric, hypergolic, or cryogenic materials or poisonous gases as well as material compounds which when exposed to heat or flame become a fire conductor, or generate excessive smoke or toxic gases; (9) blasting agents, explosives and special industrial explosive materials, blasting caps, black powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind, and plastic explosives containing ammonium salt or chlorate; (10) fireworks materials of any kind or form; (11) matches in commercial quantities; (12) hot ashes, live coals and embers; (13) mineral, vegetable or animal oils and other derivatives/by products; (14) combustible waste materials for recycling or resale; (15) explosive dusts and vapors; and (16) agriculture, forest, marine or mineral products which may undergo spontaneous combustion. (17) any other substance with potential to cause harm to persons, property or the environment because of one or more of the following: a) The chemical properties of the substance; b) The physical properties of the substance; c) The biological properties of the substance. Without limiting the definition of hazardous material, all dangerous goods, combustible liquids and chemicals are hazardous materials. c. Safety Measures for Hazardous Operation/Processes - Fire Safety measures shall be required for the following hazardous operation/processes: (1) welding or soldering; (2) industrial baking and drying; (3) waste disposal; (4) pressurized/forced-draft burning equipment; (5) smelting and forging; (6) motion picture projection using electrical arc lamps; (7) refining, distillation and solvent extraction; and (8) such other operations or processes as may hereafter be prescribed in the Rules and Regulations. d. Provision on Fire Safety Construction, Protective and Warning System - Owners, occupants or administrator or buildings, structures and their premises or facilities, except such other buildings or structures as may be exempted in the rules and regulations to be promulgated under Section 5 hereof, shall incorporate and provide therein fire safety construction, protective and warning system, and shall develop and implement fire safety programs, to wit: (1) Fire protection features such as sprinkler systems, hose boxes, hose reels or standpipe systems and other fire fighting equipment; (2) Fire Alarm systems; (3) Fire walls to separate adjoining buildings, or warehouses and storage areas from other occupancies in the same building; (4) Provisions for confining the fire at its source such as fire resistive floors and walls extending up to the next floor slab or roof, curtain boards and other fire containing or stopping components; (5) Termination of all exits in an area affording safe passage to a public way or safe dispersal area; (6) Stairway, vertical shafts, horizontal exits and other means of egress sealed from smoke and heat; (7) A fire exit plan for each floor of the building showing the routes from each other room to appropriate exits, displayed prominently on the door of such room;
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(8) Self-closing fire resistive doors leading to corridors; (9) Fire dampers in centralized airconditioning ducts; (10) Roof vents for use by fire fighters; and (11) Properly marked and lighted exits with provision for emergency lights to adequately illuminate exit ways in case of power failure. Section 8. Prohibited Acts. - The following are declared as prohibited act and omission. (a) Obstructing or blocking the exit ways or across to buildings clearly marked for fire safety purposes, such as but not limited to aisles in interior rooms, any part of stairways, hallways, corridors, vestibules, balconies or bridges leading to a stairway or exit of any kind, or tolerating or allowing said violations; (b) Constructing gates, entrances and walkways to buildings components and yards which obstruct the orderly and easy passage of fire fighting vehicles and equipment; (c) Prevention, interference or obstruction of any operation of the Fire Service, or of duly organized and authorized fire brigades; (d) Obstructing designated fire lanes or access to fire hydrants; (e) Overcrowding or admission of persons beyond the authorized capacity in movie houses, theaters, coliseums, auditoriums or other public assembly buildings, except in other assembly areas on the ground floor with open sides or open doors sufficient to provide safe exits; (f) Locking fire exits during period when people are inside the building; (g) Prevention or obstruction of the automatic closure of fire doors or smoke partitions or dampers; (h) Use of fire protective of fire fighting equipment of the fire service other than for fire fighting except in other emergencies where their use are justified; (i) Giving false or malicious fire alarms; (j) Smoking in prohibited areas as may be determined by fire service, or throwing of cigars, cigarettes, burning objects in places which may start or cause fire; (k) Abandoning or leaving a building or structure by the occupant or owner without appropriate safety measures; (l) Removing. destroying, tampering or obliterating any authorized mark, seal, sign or tag posted or required by the fire service for fire safety in any building, structure or processing equipment; and (m) Use of jumpers or tampering with electrical wiring or overloading the electrical system beyond its designated capacity or such other practices that would tend to undermine the fire safety features of the electrical system. Section 9. Violation, Penalties and Abatement of Fire Hazard. - Fire hazards shall be abated immediately. The Chief, BFP or his/her duly authorized representative, upon the report that a violation of this Code or other pertinent laws, rules and regulations is being committed, shall issue notice/order to comply to the owner, administrator, occupant or other person responsible for the condition of the building or structure, indicating among other things, the period within which compliance shall be effected, which shall be within ten (10) to fifteen (15) days after the receipt of the notice/order, depending on the reasonableness to adequately comply with the same. If, after the lapse of the aforesaid period, the owner, administrator, occupant or other responsible person failed to comply, the Chief, BFP or his/her authorized representative shall put up a sign in front of the building or structure that it is fire hazard. Specifically, the notice shall bear the words "WARNING: THIS BUILDING/STRUCTURE IS A FIRE HAZARD", which shall remain posted until such time that the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities abate the same, but such period shall not exceed fifteen (15) days from the lapse of the initial period given in the notice/order to comply. Finally, with the failure of the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities to comply within the period specified above, the Chief, BFP may issue order for such abatement. If the owner, administrator or occupant of
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buildings, structure and their premises or facilities does not abate the same within the period fixed in said order, the building, structure, premises or facilities shall be ordered closed by the Chief, BFP or his/her duly authorized representative notwithstanding any permit clearance or certificate earlier issued by the local authorities. Any building or structure assessed and declared by the chief, BFP or his/her duly authorized representative as a firetrap on account of the gravity or palpability of the violation or is causing clear and present imminent fire danger to adjoining establishments and habitations shall be declared a public nuisance, as defined in the Civil Code of the Philippines in a notice to be issued to the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities. If the assessed value of the nuisance or the amount to be spent in abating the same is not more than One hundred thousand pesos (P100,000.00), the owner, administrator or occupant thereof shall abate the hazard within fifteen (15) days, or if the assessed value is more than One hundred thousand pesos (P100,000.00), within thirty (30) days from receipt of the order declaring said building or structure a public nuisance; otherwise, the Chief, BFP or his/her duly authorized representative shall forthwith cause its summary abatement. failure to comply within five (5) days from the receipt of the notice shall cause the Chief, BFP or his/her duly authorized representative to put up a sign in front of the building or structure, at or near the entrance of such premises, notifying the public that such building or structure is a "FIRETRAP", which shall remain until the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities abate the same within the specified period. Summary abatement as used herein shall mean all corrective measures undertaken to abate hazards which shall include, but not limited to remodeling, repairing, strengthening, reconstructing, removal and demolition, either partial or total, of the building or structure. The expenses incurred by the government for such summary abatement shall be borne by the owner, administrator or occupant. These expenses shall constitute a prior lien upon such property. Section 10. Enforcement of The Lien. - If the owner, administrator or occupant fails to reimburse the government of the expenses incurred in the summary abatement within ninety (90) days from the completion of such abatement, the building or structure shall be sold at public auction in accordance with existing laws and rules. No property subject of lien under Section 9 hereof, may be sold at a price lower than the abatement expenses incurred by the government. The property shall be forfeited in favor of the government if the highest bid is not at least equal to the abatement expenses. Section 11. Penalties. 1. Against the private individual: a) Administrative fine - Any person who violates any provision of the Fire Code or any of the rules and regulations promulgated under this Act shall be penalized by an administrative fine of not exceeding Fifty thousand (P50,000.00) pesos or in the proper case, by stoppage of operations or by closure of such buildings, structures and their premises or facilities which do not comply with the requirements or by both such administrative fine and closure/stoppage of operation to be imposed by the Chief, BFP. Provided, That the payment of the fine, stoppage of operations and/or closure of such buildings, structures, and their premises or facilities shall not absolve the violator from correcting the deficiency or abating the fire hazard. The decision of the Chief, BFP, under this subsection, may be appealed to the Secretary of the Interior and Local Government. Unless ordered by the Secretary of the Interior and Local Government the appeal shall not stay the execution of the order of the Chief, BFP. The decision of the Secretary of the Interior and Local Government shall be final and executory. (b) Punitive - In case of willful failure to correct the deficiency or abate the fire hazard as provided in the preceding subsection, the violator shall, upon conviction, be punished by imprisonment of not less than six (6) months nor more than six (6) years, or by a fine of not more than One hundred thousand (P100,000.00) pesos or both such fine and imprisonment; Provided, however, that in case of a
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corporation, firm, partnership or association, the fine and/or imprisonment shall be imposed upon its officials responsible for such violation, and in case the guilty party is an alien, in addition to the penalties herein prescribed, he shall immediately be deported; Provided, finally, that were the violation is attended by injury, loss of life and/or damage to property, the violator shall be proceeded against under the applicable provisions of the Revised Penal Code. Any person who, without authority, maliciously removes the sign that a building or structure is a fire hazard/firetrap placed by the authorized person in this Code shall be liable for imprisonment for thirty (30) days or a fine not exceeding One hundred thousand pesos (P100,000.00) or both in the discretion of the court. Any person, who disobeys the lawful order of the fire ground commander during a firefighting operation shall be penalized with imprisonment of one (1) day to thirty (30) days and a fine of five thousand pesos (P5,000.00). 2. Against the public officer/employee a) Administrative - The following acts or omissions shall render the public officer/employee in charge of the enforcement of this Code, its implementing rules and regulation and other pertinent laws, administratively liable, and shall be punished by reprimand, suspension or removal in the discretion of the disciplining authority, depending on the gravity of the offense and without prejudice to the provisions of other applicable laws: (1) Unjustified failure of the public officer/employee to conduct inspection of buildings or structures at least once a year; (2) Deliberate failure to put up a sign in front of the building or structure within his/her area of responsibility found to be violating this Code, its implementing rules and regulations and other pertinent laws, that the same is a "FIRE HAZARD" or a "FIRETRAP"; (3) Endorsing to the Chief, BFP or his/her duly authorized representative for the certification, or submitting a report that the building or structure complies with the standards set by this Code, its implementing rules or regulations or other pertinent laws when the same is contrary to fact; (4) Issuance or renewal of occupancy or business permit without the fire safety inspection certificate issued by the Chief, BFP or his/her duly authorized representative; (5) Failure to cancel the occupancy or business permit after the owner, administrator, occupant or other person responsible for the condition of the building, structure and other premises failed to comply with the notice/order for compliance with the standards set by this Code, its implementing rules and regulations and other pertinent laws, within the specified period; (6) Failure to abate a public nuisance within fifteen (15) days after the owner, administrator, occupant or other responsible person failed to abate the same within the period contained in the notice to abate; (7) Abusing his/her authority in the performance of his/her duty through acts of corruption and other unethical practices; or (8) Other willful impropriety or gross negligence in the performance of his/her duty as provided in this act or its implementing rules and regulations. b) Punitive - In the case of willful violation involving the abovementioned acts or omissions enumerated under Section 11 subparagraph 2(A) the public officer/employees shall, upon conviction, be punished by imprisonment of not less than six (6) months nor more than six (6) years or by a fine of not more
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than One hundred thousand (P100,000.00) or both such fine and imprisonment: Provided, That where the violation is attended by injury, loss of life and/or property, the violator shall be proceeded against under the applicable provisions of the Revised Penal Code. Section 12. Appropriation and Sources of Income. (a) To support the manpower, infrastructure and equipment needs of the fire service of the BFP, such amount as may be necessary to attain the objectives of the Fire Code shall be appropriated and included in the annual appropriation of the BFP. (b) To partially provide for the funding of the fire service the following taxes and fees which shall accrue to the General Fund of the National Government, are hereby imposed: (1) Fees to be charged for the issuance of certificates, permits and licenses as provided for in Section 7 (a) hereof; (2) One-tenth of one per centum (0.1%) of the verified estimated value of buildings or structures to be erected, from the owner thereof, but not to exceed fifty thousand (P50,000.00) pesos, one half to be paid prior to the issuance of the building permit, and the balance, after final inspection and prior to the issuance of the use and occupancy permit; (3) One-hundredth of one per centum (0.10%) of the assessed value of buildings or structures annually payable upon payment of the real estate tax, except on structures used as single family dwellings; (4) Two per centum (2%) of all premiums, excluding re-insurance premiums for the sale of fire, earthquake and explosion hazard insurance collected by companies, persons or agents licensed to sell such insurances in the Philippines; (5) Two per centum (2%) of gross sales of companies, persons or agents selling fire fighting equipment, appliances or devices, including hazard detection and warning systems; and (6) Two per centum (2%) of the service fees received from fire, earthquake, and explosion hazard reinsurance surveys and post loss service of insurance adjustment companies doing business in the Philippines directly through agents. Section 13. Collection of Taxes, Fees and Fines. - All taxes, fees and fines provided in this Code, shall be collected by the BFP. Provided, That twenty percent (20%) of such collection shall be set aside and retained for use by the city or municipal government concerned, which shall appropriate the same exclusive for the use of the operation and maintenance of its local fire station, including the construction and repair of fire station: Provided, further, That the remaining eighty (80%) shall be remitted to the National Treasury under a trust fund assigned for the modernization of the BFP. "Sec. 13-A. Assessment of Fire Code Taxes, Fees and Fines. - The assessment of fire code taxes, fees and fines is vested upon the BFP. The BFP shall, subject to the approval of the DILG, prescribe the procedural rules for such purpose. Sec. 13-B. Collection and Assessment of Local Taxes, Fees and Fines. - The collection and assessment of taxes, fees and fines as prescribed in the Local Government Code, except those contained in this Code, shall be function of the concerned local government units. Sec. 13-C. Use of Income Generated from the Enforcement of the Fire Code. - The Chief, BFP is authorized, subject to the approval of the Secretary of the Interior and Local Government, to use the income generated under the Fire Code for procurement of fire protection and fire fighting investigation, rescue, paramedics, supplies and materials, and related technical services necessary for the fire service and the improvement of facilites of the Bureau of Fire Protection and abatement of fire hazards. The BFP shall determine the optimal number of equipment, including, but not limited to, fire trucks and fire hydrants, required by every local government unit for the proper delivery of fire protection services in its jurisdiction. In the procurement of fire fighting and investigation supplies and materials, the Bureau of Product Standards of the Department of Trade and Industry shall evaluate, determine and certify if the supply to procured conforms to the product standards fixed by the BFP. For this purpose, the BFP shall submit to
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the Bureau of Product Standards a detailed set of product standards that must be complied with in the procurement of fire fighting and investigation supplies and materials within six (6) months from the effectivity of this act. Sec. 13-D. Monitoring the Implementation of the Fire Code and the Amount of the Fees Collected. The Chief, BFP shall, within six (6) month from the effectivity of this Code, submit to the Secretary of the Interior and Local Government for his/her approval, a management tool or mechanism that would ensure effective monitoring of the enforcement of the Fire Code to include the amount of Fire Code fees collected. Section 14. Within sixty (60) days from the effectivity of this Act, the Secretary of the Interior and Local Government shall issue the rules and regulations for its effective implementation. Section 15. Presidential Decree No 1185 is hereby repealed. All laws, presidential decrees, letters of instructions, executive orders, rules and regulations insofar as they are inconsistent with this Act, are hereby repealed or amended as the case may be. Section 16. In case any provision of this Act or any portion thereof is declared unconstitutional by a competent court, other provisions shall not be affected thereby. Section 17. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) national newspapers of general circulation. Approved (Sgd.) PROSPERO C. NOGRALES Speaker of the House of Representative (Sgd.) MANNY VILLAR President of the Senate This Act which is a consolidation of Senate Bill No. 2553 and House Bill No. 4115 was finally passed by the Senate and the House of Representative on October 6, 2008 and October 8, 2008, respectively. (Sgd.) MARILYN B. BARUA-YAP Secretary General House of Representative (Sgd.) EMMA LIRIO-REYES Secretary of the Senate Approved: December 19, 2008 (Sgd.) GLORIA MACAPAGAL-ARROYO President of the Philippines
PRESIDENTIAL DECREE NO. 856

CODE ON SANITATION WHEREAS, the health of the people, being of paramount importance, all efforts of public services should be directed towards the protection and promotion of health; and
WHEREAS, the advance in the field of sanitation in recent years, there arises the need for updating and codifying our scattered sanitary laws to ensure that the are in keeping with modern standards of sanitation and provide a handy reference and guide for their enforcement; 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 following Code on Sanitation: CODE ON SANITATION OF THE PHILIPPINES
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Chapter 1- General Provisions Sec. 1. Title. - The title of this Code is "Code on Sanitation of the Philippines" PALEVINO, Marinet O. BS Ar. 4A Page 87

Sec. 2. Definition of Terms. - Whenever any of the following words or terms are used herein or in any rules or regulation issued under this Code, it shall have the meaning given it in this section, as follows:
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a. Code - Code on Sanitation of the Philippines

b. Department - The Department of Health. c. Secretary - The Secretary of Health. d. Regional Director - An official who heads a Regional Health Office. e. Local Health Authority - An official or employee responsible for the application of a prescribe health measure in a local political subdivision. f. Health Officer - Provincial, City or Municipal Health Officer. g. Engineer - A Sanitary Engineer. h. Section - Any section of this code unless the term refers to other statutes which are specifically mentioned.
Sec. 3. Functions of the Department of Health. - The Department shall have the following powers and functions:
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a. Undertake the promotion and preservation of the health of the people and raise the health standards of individuals and communities throughout the Philippines.
b. Extend maximum health services to the people in rural areas and provide medical care to those who cannot afford it by reason of poverty; c. Develop, administer and coordinate various health activities and services which shall include public health, preventive, curative and rehabilitative programs, medical care, health and medical education services; d. Upgrade the standards of medical practice, the quality of health services and programs to assure the people of better health services; e. Assist local health agencies in developing public health programs including medical care, and promote medical and public health research; f. Issue permits to establish and operate government and private hospitals, clinics, dispensaries, schools of nursing, midwifery, and other para-medical courses, puericulture centers, clinical laboratories and blood banks. g. Prescribe standard rates of fees for health, medical, laboratory, and other public health services; and h. Performs such other functions as may be provided by law.
Sec. 4. Authority of the Secretary. - In addition to the powers and authority of the Secretary which are provided by law, he is likewise empowered to promulgate rules and regulations for the proper implementation and enforcement of the provisions of this Code.
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Sec. 5. Authority
of the Bureau of Directors. - The Bureau Directors shall be responsible for staff activities
involving the development of plans, programs. operating standards and management techniques in their respective field of assignment. Sec. 6. Authority of the Regional
Directors. - The Regional Directors shall administer health functions in
their regions, implement policies, standards and programs involving health services; and enforce the provisions of this Code and the rules and regulations promulgated by the Secretary under this Code. Sec. 7. Authority of Health Officers. - The health officers shall administer health functions in areas under their jurisdiction and enforce the provisions of this Code and the rules and regulations promulgated by the Secretary under this Code. Sec. 8. Miscellaneous Provisions. a. International treaties, agreements and conventions - The Republic of the Philippines recognizes international treaties, agreement and conventions on public health. Their provisions may be considered parts of this Code provided they do not contravene the Constitution, existing laws or any provision of this Code.
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b. Rights and proceedings - Any proceeding which has commenced or any right which has accrued upon the effectivity of this Code shall not be affected by any of its provisions. However, matters of procedure and rights arising after the date of effectivity of this Code shall conform to the provisions hereof. c. Delegation of power and assignment of duty - Whenever a power is granted or a duty is assigned to any public health officer in this Code, the power may be exercised by a deputy or agent of the official pursuant to law, unless it is expressly provided otherwise in this Code. d. Language required - Any notice, report, statement or record required or authorized by this Code, shall be written in English or Pilipino. e. Mailing of notices - Unless otherwise expressly provided, any notice required to sent to any person by any provision of this Code, shall be sent through the postal service. The affidavit of the official or employee who mailed the notice is prima facie evidence that the notice was sent as prescribed herein. f. Condemnation and seizure of property - Then any property is officially condemned or seized by government authorities in the interest of public health, the owner thereof shall not be entitled to compensation. g. Command responsibility - When a duty is expressly vested in a health officer as provided in this Code, it shall be understood that it shall likewise be the concern of the superiors of the health office under the principle of command responsibility.
Chapter II. Water Supply Sec. 9. Prescribed Standards and Procedures. - Standards for drinking water and their bacteriological and chemical examinations, together with the evaluation of results, shall conform to the criteria set by the National Drinking Water Standards. The treatment of water to render it safe for drinking, and the disinfection of contaminated water sources together with their distribution systems shall be in accordance with procedures prescribed by the Department.
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Sec. 10. Jurisdiction
of the Department. - The approval of the Secretary or that of his duly authorized
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representative is required in the following cases:
a. Sites of water sources before their construction;

b. Delivery of water to consumers from new or recently repaired water systems; c. Operation of a water system after an order of closure was issued by the Department; c. Plans and specifications of water systems of subdivisions and projects prior to the construction of housing units thereat; and e. Certification of potability of drinking water.
Sec. 11. Types of Water Examinations Required. - The following examinations are required for drinking water:
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a. Initial examination - The physical, chemical and bacteriological examinations of water from newly constructed systems or sources are required before they are operated and opened for public use. Examination of water for possible radio active contamination should also be done initially.
b. Periodic examination - Water from existing sources is subject to bacteriological examination as often as possible but the interval shall not be longer than six months, while general systematic chemical examination shall be conducted every 12 months or oftener. Examination of water sources shall be conducted yearly for possible radioactive contamination.
Sec. 12. Examining Laboratories and Submission of Water Samples. - The examination of drinking water shall be performed only in private or government laboratories duly accredited by the Department. It is the responsibility of operators of water systems to submit to accredited PALEVINO, Marinet O. BS Ar. 4A Page 89
CODE STUDY ON CORPORATE BUILDING DESIGN laboratories duly accredited by the Department. It is the responsibility of operators of water systems to submit to accredited laboratories water samples for examination in a manner and at such intervals prescribed by the Department.
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Sec. 13. Other protective Measures. - To protect drinking water from contamination, the following measures shall be observed:
a. Washing clothes or bathing within a radius of 25 meters from any well or other source of drinking water is prohibited.
b. No artesians, deep or shallow well shall be constructed within 25 meters from any source of pollution. c. No radioactive sources or materials shall be stored within a radius of 25 meters from any well or source is adequately and safely enclosed by proper shielding d. No person charged with the management of a public water supply system shall permit any physical connection between its distribution system and that any other water supply, unless the latter is regularly examined as to its quality by those in charge is made and found to be sage and potable e. The installation of booster pump to boost water direct from the water distribution line of a water supply system where low-water pressure prevails is prohibited.
Chapter III. Food Establishment Sec. 14. Sanitary Permit. a. No person or entity shall operate a food establishment for public patronage without securing a permit from the local health office. The term " food establishment" as used in this chapter means an establishment where food or drinking are manufactured, processed, stored, sold or served. b. Every Sanitary Permit shall be posted in a conspicuous place of the establishment. c. Fees - The fees payable on applications for permits and upon the issuance, renewal and noting of such certificates shall be is such amounts as the City or Municipal Authority may by resolution impose. d. Noting of Permit - Within 14 days after any chance n the ownership or occupancy of any establishment, the new occupant shall apply to the City or Municipal Health Officer to have such change noted in the records and on the permit certificate which he shall produce for the purpose and shall pay the corresponding fee in respect of such noting. e. Record of Permit Certificates. -
1. Every City or Municipality shall keep a record of all establishments in respect of which permits have been issued and all permit certificates and renewals thereof; f. The record shall in every case show the following:
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i. The name and address of the holder of the permit who in every case shall be the actual occupier of the establishment :
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ii. The location of the establishment; iii. The purpose or purposes for which the permit has been issued; iv. The date the first permit was issued and the dates of any renewal thereof. v. Every change of occupation and management of the establishment since the first permit was issued; and vi. Conditions under which the permit was issued or any renewal thereof granted; The record shall be available at all reasonable times for inspection by any officer of the Department of Health.
Sec. 15. Health Certificates. - No person shall be employed in any food establishment without a Health Certificate issued by the local health authority. This certificate shall be issued only after
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CODE STUDY ON CORPORATE BUILDING DESIGN the required physical and medical examinations are performed and immunizations are administered at prescribed intervals.
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Sec. 16. Quality
and Protection of Food. - All food must be obtained from sources approved by the local
health authority. In this regard, the following requirements are applicable:
a. Meats, meat products and fish shall be procured for sources under sanitary or veterinary supervision.
b. All meat and fish shall be properly cooked before serving c. No meat products fish, vegetables and other food sources shall be procured from sources or areas known to have been affected by radioactivity as for example, areas contaminated with a very large amount of radioactive fallout. d. Milk and fluid milk products shall be obtained from sources approved by the local health authority. Milk obtained from other sources must be sterilized, pasteurized or otherwise heated. e. Milk shall be stored in a refrigerator. Canned or packaged milk, other than milk powders, shall be refrigerated after the container has been opened. f. All perishable and potentially hazardous foods shall be stored at 45F (7C ) or below. g. Cooked food intended to be served hot shall be kept at a temperature not lower than 140F (60C ) h. Raw fruits and vegetables shall be thoroughly washed before they are used.
Sec. 17. Structural Requirements. - Food establishments shall be constructed in accordance with the following requirements:
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1. No person shall use any room or place for or in connection with the preparation, storage, handling or sale of any article of food
a. Which is at anytime used or in direct communication with a sleeping apartment or toilet.

b. In which any animal is kept; or c. which is or has been used for any purpose which would be likely to contaminate the food or to affect injuriously its wholesomeness or cleanliness; or d. Which is not used exclusively for the purpose: Provided, that in department stores or multi-purpose business establishments, food may be manufactured, prepared, cooked, stored, or sold only in the area set aside exclusively for said purpose and for which a sanitary permit has been issued.
2. No sanitary permit shall be issued for any premises to be used for the preparation, handling and sale of food unless it is constructed in accordance with the following requirements:
a. Floors - The Floors shall bei. Constructed of concrete or other impervious and easily cleaned material that is resistant to wear and corrosion and shall be adequately graded and drained;
All angles between the floors and walls shall be rounded off to a height of not less than 3 inches (7.62 cm.) from the floor; or ii. Constructed or wood with dovetailed or tongue and grooved floor boards laid on a firm foundation and tightly clamped together with all angles between the floor and walls rounded off to height of 3 inches (7.62 cm.); or iii. Constructed in accordance with the requirements of sub-clause i. and ii. of this clause and covered with linoleum, smooth surfaced rubber or similar material fixed to the floor with cement or suitable adhesive: Provided, That with the approval in writing of the local authority, floors may be covered with carpets or other floor covering in those parts of the premises where such carpets or coverings can be satisfactorily cleaned and maintained.
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CODE STUDY ON CORPORATE BUILDING DESIGN b. Walls i. The internal surface of walls shall have a smooth, even, non-absorbent surface capable of being readily cleaned without damage to the surface and constructed of dust-proof materials;
ii. The walls, where subject to wetting or splashing, shall be constructed of impervious, non-absorbent materials to a height of not less than 79 inches (2 meters) from the floor. iii. The internal walls shall be painted in light colors or treated with such other wall finish as the health authority may prescribed.
c. Ceilings i. All ceilings or, if no ceiling is provided, the entire under-surface of the roof shall be dustproof and washable.
ii. The ceiling or under-surface of the roof of rooms in which food is prepared or packed or in which utensils or hands are washed shall be smooth, non-absorbent and light coloured.
d. Lighting i. The general standards of illumination provided shall permit effective inspection and cleaning and shall be sufficient intensity appropriate to the purpose for which any room or place is used;
ii. In rooms where food is prepared or packed or in which utensils or hands are hands are washed there shall be a minimum illumination intensity of 20-foot candles; in premises where food is consumed, there shall be a minimum illumination intensity of 5-foot candles. Intensities of illumination shall be measured at a point 30 inches (76.20 cm.) above the floor; iii. All lightning shall be reasonably free from glare and distributed so as to avoid shadows; iv. At other areas or working surfaces, the illumination shall be of such intensity as may be required by the health authority.
e. Ventilation i. Ventilation shall be provided which shall be effective and suitable to maintain comfortable condition;
ii. The ventilation shall be adequate to prevent the air from becoming excessively heated, prevent condensation and the formation of excess moisture on walls, ceilings and for the removal of objectionable odors, fumes and impurities; iii. In the absence of effective natural ventilation, mechanical ventilation with airflow from a clean area, and discharging in such manner as not to create a nuisance, shall be provided; iv. Canopies, air ducts, fans or other appliances shall be provided as required by the health authority in particular circumstances; v. Effective provision shall be made for securing and maintaining a reasonable temperature;
f. Overcrowding - There shall be sufficient floor space to enable every person working thereon to carry out his duties efficiently and to permit easy access for cleaning. Working spaces, aisles or passageways and areas to which customers have access shall unobstructed and sufficient to permit movement of employees and customers without contamination of food by clothing or personal contact.
g. Changerooms
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CODE STUDY ON CORPORATE BUILDING DESIGN i. There shall be provided adequate and suitable lockers or other facilities for the orderly storage of clothing and personal belongings of employees or persons engaged or employed in the premises. Such facilities shall be so situated and arranged so that there is no contamination of food by contact with clothing, and where the number of persons engaged or employed is four or more of either sex, there shall be provided separate changing rooms for each sex.
ii. If required in writing by the local health authority an additional wash-hand basin shall be installed as near as practicable to the toilet facilities; Provided, That wash-hand basins specified in this Code need not be installed in premises where only food in sealed containers is sold: and, Provided, further, That wash-hand basins specified in this regulation shall be installed under specifications of the National Plumbing Code of the Philippines.
h. Wash-hand Basin Maintenance i. An adequate supply of soap, clean towels, roller towels presenting a clean surface to each user from a continuous roller towel dispenser or other hand drying services approved by health authorities.
ii. The wash-hand basin and all hand washing facilities shall, at all times, be maintained in good repair and in a clean condition. iii. All wash-hand basins shall, at all times, while the premises are being used, be supplied with hot and cold or tempered running water at a minimum temperature of 100F (37.8C).
Sec. 18. Use of Food-Service Spaces. a. Food-service spaces shall not be used as living or sleeping quarters. b. Clothing or personal effects shall be kept in lockers or in designated places away from food service spaces. c. No animal or live fowls shall be allowed in such spaces. d. Persons not directly connected with food preparation and serving shall not be allowed to stay in food-serving spaces. e. Foods in storage or in preparation must not be handled by anyone other than the preparation and serving staff. SEC. 19. Food Handlers. a. No person shall be employed in any food establishments without health certificate issued by the local health authority. b. Food handlers shall at all times:
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i. Wear clean working garments. The Cook shall wear prescribed caps and female employees caps or hairnets.
ii. Observe food personal hygiene. iii. Wash their hands thoroughly with soap and water and dry them with a clean or disposable towel or a suitable hand-drying device immediately before working, or after visiting the toilet.
Sec. 20. Vermin Control. Vermin - A group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice and rats which are vectors of diseases. a. Spaces where food and drinks are stored, prepared and served shall be so constructed and maintained as to exclude vermin. b. All opening which connects spaces to the outer air shall be effectively protected with screen of non-corrosive wire 16-mesh or finer. Door screens shall be tight-fitting.
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c. A vermin abatement program shall be maintained in the establishments by their owners, operators, or administrators. If they fail, neglect or refuse to maintain a vermin abatement programs, the local health agency will undertake the work at their expense. d. During deratting or disinfecting operations, all food stuffs, utensils, food preparation and cleaning equipment shall be covered to protect them from toxic chemical substances. e. Vermin control in public places shall be the responsibility of the provincial, city or municipal governments which have jurisdiction over them. f. The procedure and frequency of vermin abatement program shall be determined and approved by the local health authority. Sec. 21. Toilet and Washing Facilities. a. Adequate and clean toilet facilities for male and female customers and personnel shall be provided in properly located areas. b. Toilet rooms shall not open directly into spaces where food is prepared, stored or served. Where such toilets exist, the doors shall be tight fitting and self-closing. c. Adequate hand-washing facilities shall be provided within or adjacent to toilet room d. Facilities shall include hot and cold running water single-service paper or cold towel dispenser or drying device and soap or detergent. Sec. 22. Disposal of Refuse. a. Refuse cans may be used in food - preparation areas for immediate use only. b. Storage refuse cans, filled and empty, shall be in a designated space from food-handling operations. c. These cans shall be so constructed and maintained as to be vermin -proof and easily cleaned. d. Cans containing refuse shall be tightly covered at all times, except during actual use in food-handling areas. e. Holding bins may likewise be used, provided they are constructed of impervious, readily-cleaned materials and fitted with tight-fitting covers. f. Where refuse cans are used, a space separate from the food-handling spaces and adjacent to the refuse-can storage space be provided for cleaning them. This space shall be equipped with scrubbing-brushes, cleansing agents, steam or hot water under pressure, and a hose fitted with adjustable nozzle. Sec. 23. Equipment and Utensils. a. They shall be so designated, fabricated and installed so that cleaning is easy and they do not pose health hazards. b. Lead-soldered containers and cadium-lined piping and fixtures shall not be used. c. Surfaces that come into contact with food or drinks shall be constructed or materials that are impervious, corrosion-resistant, non-toxic, easily cleanable, durable and resistant to chipping. d. Sliding doors on cabinets shall be easily cleanable and removable. Runners shall be allotted at the ends to permit removal of dust and debris. The bottom shelves of open-based fixtures shall be removable to facilitate inspections, cleaning and maintenance. Sec. 24. Washing Utensils. a. They shall be scraped and pre-rinsed to remove food articles. b. They shall be thoroughly cleansed in warm water at 120F (49C) with soap or detergent. c. If running water is not used, the wash-water shall be changed frequently. Sec. 25 Bactericidal Treatment-Eating and drinking utensils and equipment, after thoroughly cleaned, shall be subjected to one of the following bactericidal treatments:
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a. Immersion for at least half a minute in clean hot water at a temperature of at least 170F (77C); b. They shall be thoroughly cleansed in warm water at 120F (49C) with soap or detergent. c. If running water is not used, the wash-water shall be changed frequently.
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Sec. 25. Bactericidal Treatment. - Eating and drinking utensils and equipment, after thoroughly cleaned, shall be subjected to one of the following bactericidal treatments:
a. Immersion for at least half a minute in clean hot water at a temperature of at least 170F (77C);
b. Immersion for at least one minute in a lukewarm chlorine solution 50 ppm; c. Exposure in a steam cabinet at a temperature of at least 170F (77C) for at least 15 minutes at a temperature of 200F (90C) for at least 5 minutes; d. Exposure in an oven or hot-air cabinet at a temperature of at least 180F (82C ) for at least 20 minutes; or e. Any other method approved by the local health authority.
Sec. 26. Handling of Washed Utensils. a. Washed utensils shall be allowed to drain dry in wire racks without use of drying cloths, or shall be stored in self-draining position to permit ready air-drying. b. The drying cloth on which to store dishes and utensils temporarily after bactericidal treatment should be clean and changed frequently. Sec. 27. Storage of Washed Utensils. a. They shall be stored in a clean and dry place protected against vermin and other sources of contamination. b. Cups, bowls, and glasses, shall be inverted for storage. c. When not stored in closed cupboards or lockers, utensils and containers shall be covered or invented whenever practicable. Utensils shall not be stored on the bottom shelves of open cabinets below the working top level. d. Racks, trays and shelves shall be made of materials that are impervious, corrosion-resistant, non-toxic, smooth, durable and resistant to chipping. e. Drawers shall be made of the same materials and kept clean. Felt-line drawers are not acceptable, but the use of clean and removable towels for lining drawers is acceptable. Sec. 28. Dry Storage of Non-Perishable Foods.- Non-perishable foods shall be stored in the following manner:
a. Designated spaces, lockers, cupboards, racks, shelves and containers shall be used for storage.
b. All spaces, lockers and cupboard shall be constructed of materials of the same quality as used for foodpreparation and food-serving operations. Containers shall be made metal fitted with tight covers. c. The recommended temperature range for dry stores is 50- 60F (10-15C) except where dry foods for immediate use are stored in the preparation and servicing spaces.
Sec. 29. Refrigerated Storage of Perishable Foods. - Perishable foods shall be stored in the following manner:
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a. They shall be kept at or below 45F (7C) except during preparation or when held for immediate serving after preparation. b. When such food s are to be stored for extended periods, a temperature of 40F (4C) is recommended. c. Fruits and vegetables shall be stored in cool rooms. d. Recommended temperatures for perishable food storage are:
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1. Frozen foods; not more than 10F (2C)

2. Meat and fish: 32-38F (O-3C) 3. Milk and milk products: 40-45F (5-7C) 4. Fruits and vegetables: 44-50F (7-10C)
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CODE STUDY ON CORPORATE BUILDING DESIGN e. All refrigerating compartments and refrigerators must be kept clean, in good repair and free from odors. They shall be provided with thermometers with scale divisions not larger than 32F (1C). Sufficient shelving shall be provided to prevent stocking and to permit adequate ventilation and cleaning.
Sec. 30. Food requirements:
Servicing Operations. - These operations should be in accordance with the following
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a. Hand contacts with food or drink shall be avoided; fingers shall not be used to serve butter, ice, or similar items or food. Sugar shall be served in covered dispensers or containers, or in packages wrapped for single service.
b. The surfaces of containers and utensils, including glasses and tablewares, which come in contact with food and drink shall not be handled. c. Disposable cups, plates, spoons and other single-service containers and utensils shall be purchased in sanitary cartons and stored in a clean, dry place until used. These articles shall be so handled on removal from the carton that the hand does not touch the surface which will be in contact with food or drink. d. Clean cloths, napkins, spoons, towels and other cloth equipment shall be stored in clean places designated specially for them. Soiled linens, including towels, aprons, and coats, shall be stored in a closed bin or locker, suitably marked. e. Spoons, spatulas, dippers and scoops used intermittently for disposing frozen desserts shall be kept in running water or in water maintained at 170F (77C) and frequently changed, or they may be washed and stored in a dry place after each use. Constant-temperature bottles and other containers used for potable water and other beverages shall be kept clean and given effective bactericidal treatment before and after subsequent use.
Sec. 31. Evaluation of Food Establishment. - It shall be the duty of the Provincial, Municipal or City Health Officer to cause an inspection and evaluation of every food establishment requiring a permit for its operations, at least every six months and shall cause as many additional inspection and re-inspections and evaluation to be made as are necessary for the enforcement of the provision of this Chapter.
During the inspection or evaluation carried out at least every six months, the inspector shall record his findings on an inspection form provided for the purpose and shall furnish the original of such report to the holder of sanitary permit, the manager or occupier of the premises. Demerits entered in the appropriate column inspections forms shall indicate that the item does not, in the opinion of the inspector, comply with the requirements of this regulation. Within 48 hours of the inspection or evaluation, the original of the inspection report shall be furnished the holder of the permit certificate, the manager or occupier of the food establishment. Whenever an inspection form issued indicates noncompliance items relating to any particular type of premises,the inspector shall notify the holder of the sanitary permit,the manager or occupier of the correction to be made and indicate a reasonable period for its compliance. If upon upon reinspection after the deadline the inspector finds the correction has not been effected he shall forthwith report to the Health Officer and the Health Officer shall revoke the sanitary permit. A copy of the inspection form and any notices served shall, in all cases be filed and kept by the local health authority and be available at all reasonable time for inspection by an officer of the Department of Health.
a. Service of Notice - Whenever an inspection or evaluation report form indicates noncomplying items, the Health Officer of the Province, Municipality or City may cause to be served on the holder of the permit, the manager or occupier a notice requiring him, within the time stated in the notice, to take such remedial action as may be specified therein. In the event within the time stated in the notice, the terms of the first notice are not complied PALEVINO, Marinet O. BS Ar. 4A Page 96
CODE STUDY ON CORPORATE BUILDING DESIGN with,the Health Officer may cause to be served on the holder of the permit, the manager or occupier a second notice calling on him to show cause, at all time and place stated in the notice, why the permit issued in respect of the food establishment should not be revoked.
b. Revocation of Permits - After prior notice and hearing as provided above, the Health Officer, if satisfied that the terms of the notices have not been complied with or that the failure to comply therewith is not excusable, shall revoke the said permit. c. Summary Suspension of Permits - Whenever the Provincial, Municipal or City Health Officer finds unsanitary or unhealthy conditions in the operation of a food establishment which in his judgment constitute a substantial hazard to the public health, the Health Officer may order the immediate suspension of the permit. Any person to whom such an order is issued written petition shall be afforded a hearing as soon as possible. d. Appeals - The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from, which decision shall be final. e. Protection of Food - Notwithstanding the other provisions of this regulation relating to the issuance of permit, every person who is engaged in the sale of food or in the manufacture, preparation, storage, packing or delivery of food for sale shall protect such food from contamination. f. Power of Entry - Any sanitary Inspector or duly authorized officer of the Department of Health or of the Provincial, Municipal or City Health Officer, upon presentation of power credentials may at all reasonable times enter any premises engaged in the manufacture, preparation, or packing of any article of food for sale or any premises used for any of the purposes referred to in this Code for the purpose of inspection or any other action necessary for administration of this Code.
Sec. 32. Special Provisions. a. Groceries or "Sari-Sari'"Stores
1. No grocery or sari-sari store shall be established within a distance of 25 meters from any source of contamination.
2. All foods which require no further cooking before they are eaten shall be protected from contamination while in countries or showcases.
b. Bakeries 1. Delivery trucks and carts of bakery products shall always be kept clean and sanitary. c. Dairies 1.No dairy shall keep unhealthy or infected cows, carabaos or goats for the production of mild, or feed them unwholesome food which produces impure or unwholesome mild.
2. No animals used for the production of milk shall be allowed to graze on land which has been contaminated by radioactivity. 3. No dairy shall sell unwholesome milk that has not been previously pasteurized or otherwise sterilized.
d. Ice Plants 1. Only potable water shall be used in the manufacture of ice.
2. In storing and transporting ice intended for public consumption, precautionary measures shall be taken to protect the ice from sources of contamination.
e. Ambulant Food Vendors 1. These vendors shall sell only bottled food drinks, biscuits and confectioneries. PALEVINO, Marinet O. BS Ar. 4A Page 97

2. It is prohibited for food vendors to sell food that requires the use of utensils.
f. Oyster beds 1. Oysters shall be planted and grown only in areas approved by the Secretary or his duly authorized representatives and in places duly licensed by the Bureau of Fisheries and Aquatic Resources.
2. Oysters offered for sale, if not originating from approved areas, shall be confiscated and destroyed by the local health authority.
g. Fish Marketing Areas 1. Only fresh and wholesome fish products shall be sold.
2. Fish caught in radioactive zones as well as in areas contaminated by toxic substances or high in mercury count as determined by the health authorities shall be condemned and not be allowed for public consumption. 3. The selling, distribution and buying of fish caught through the use of explosives and chemicals are prohibited.
Sec. 33. Responsibility of the Local Health Authority. The local health authority shall:
a. Make periodic inspections to enforce the maintenance of adequate sanitation in food establishments and their premises;
b. Take samples of food and drink from any establishments or vendor as often as necessary to determine if these are unwholesome, adulterated, or contaminated by radioactivity; c. Prevent the sale or condemn and destroy food and drinks if these are found unfit for human consumption; d. Seal and prohibit the use of devices, utensils, containers, vehicles,machines, piping and appurtenances if in his opinion the are unsanitary; and e. Enforce the provisions of this Chapter and the rules and regulations promulgated by the Secretary.
CHAPTER IV - MARKETS AND ABATTOIRS Sec. 34. Prescribed Standards of Construction - The construction of markets and abattoirs shall conform to standards prescribed by the Department. These standards shall be set along the following guidelines:
1. Suitability of site insofar as elimination of nuisance condition and prevention contamination are contamination are concerned;
2. Availability of ample water supply for cleaning; 3. Accessibility of adequate drainage facilities; 4. Durability of construction to protect vendors and customers from any hazard and exposure to the elements; and 5. Facilities for sanitation maintenance, such as cleaning and elimination of harborages of vermin.
Sec. 35. Responsibility of the Local Health Authority. a. On markets -
1. Make periodic inspections to ascertain the maintenance of adequate sanitary conditions of markets and their premises;
2. Supervise and control the proper care and use of market stalls;
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3. Prohibit the construction of living quarters within any market and its premises; 4. Enforce the ban on construction of partitions, sheds or booths within the market area.
b. On Abattoirs 1. Supervise the maintenance of adequate sanitation in abattoirs and their premises;
2. Enforce the requirements on the examination of meat as provided in existing laws; 3. Permit the slaughter of animals for public consumption in other designated areas in certain exigences, provided public health is adequately protected; 4. Supervise the sanitary disposal of all abattoir wastes; and 5. Ensure that only healthy animals shall be slaughtered, and the method of slaughtering, the techniques of dressing and the storing, handling and transporting procedures are in accordance with prescribed standards.
Sec. 36. Responsibility of local governments and private operators. - Local government s and private operators in charge of public or private markets and abattoirs shall employ an adequate number of personnel to ensure their efficient operation and hygienic maintenance. These employees shall be under the direct supervision of the local health authority.
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CHAPTER V. PUBLIC LAUNDRY Sec. 37. Sanitary Permit. - No public laundry shall operate without a sanitary permit from the Secretary or his duly authorized representative. As used in this Chapter, a public laundry is a laundry established and operated for commercial purposes, open to the public, and not to an exclusive clientele.
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Sec. 38. General Requirements. - The construction and operation of a public laundry shall be governed by the following requirements:
a. Structural Requirements -
1. the site should be distant from sources of nuisance.

2. only durable construction materials shall be used. 3. Smooth and water tight materials shall be used for flooring. 4. All Work rooms shall be properly ventilated and provided with 10 foot -candles for lighting. 5. Adequate drying facilities shall be provided and articles for drying protected from sources of contamination.
b. Sanitary Requirements 1. Laundry supplies in both liquid and solid state shall be properly stored, prepared and handled. Containers of chemical shall be properly labeled.
2. Employees shall be provided with potable drinking water, toilets and washing facilities. 3. Employees shall be provided with lockers for their working garments and street cloths. 4. The plant and its premises and equipment shall be maintained clean and sanitary at all times.
Sec. 39. Special Requirements. - The following requirements shall be enforced:
a. All articles to be laundered coming from hospitals and infected sources shall be treated by exposure to a sufficient quantity of hot water detergents or by other effective means of disinfection. b. All linen, bed clothes, pajamas, towels, bedsheets,pillow cases, etc, that have come in contact with any form of radioactivity should be isolated in a certain area and monitored by Radiation Safety personnel before sending these articles for laundry. If any amount of radioactive contamination is found, the affected article should be set aside and the radioactivity allowed to completely decay before said article is sent for laundry.
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c. All articles for delivery to the laundry shall be kept in containers which shall be kept closed until the articles are removed at the laundry. d. Laundry vehicles shall be kept clean and sanitary at all times. e. A separate room shall be used solely for receiving, sorting, marking or handling unwashed articles. f. Diapers must be protected from pathogenic organisms and from chemical substances which are irritating to the skin of the infant. Laundered diapers for delivery shall be packed in sealed sanitary containers.
CHAPTER VI - School Sanitary and Health Services Sec. 40. Definition of Terms. - As used in this Chapter, the following terms shall mean: a. School - An institution of learning which may be public, private or parochial.
b. Special School - A school which utilizes cadavers,plants, animals, bacterial and viral cultures for studies and research. c. Physical Environments - The school Plant, grounds and facilities. d. Emotional Environment - Factors which affect the emotional health of students and members of the faculty.
Sec. 41. The Physical Environment. - In the design and construction of the school plant, the following factors shall be considered:
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a. Site - Traffic hazards are to be avoided but not to the point of sacrificing accessibility to public transportation. It shall be distant from sources of nuisances.
b. Grounds - The acreage shall be large enough to permit playgrounds, athletic fields and school gardens c. Building - Preferably it shall be constructed of strong and durable materials and designed along functional lines. For the prevention of the fire hazards, the requirements of the local fire department shall be observed. Sufficient ventilation shall be provided. Wall and ceiling finishes should be chosen so as to give optimum lightning with minimum glare. Artificial lightning with louvered fluorescent or incandescent fixture shall be used to supply a minimum lightning of 25 foot-candles in the darkest corner. For flooring, suitable materials shall be used which will give maximum durability without creating a slippery surface. d. Sanitary Facilities - the school population shall be provided with potable water, sewage and waste disposal systems shall likewise conform to the requirements shall prescribed in this Code.
Sec. 42. The Emotional Environment. - for the promotion of emotional health of the school population the following requirements shall be observed:
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a. Suitable Location - the school site shall be located away from the disturbances and places which give undesirable influence.
b. Recreational Facilities - The school must have safe and attractive playgrounds and adequate facilities for suitable sports and games. c. Rest Rooms - facilities shall be provided where faculty members can rest and get short respite from teaching chores.
Sec. 43. Health Services. - Trained personnel and adequate facilities should be available so that students may be afforded the following health services:
a. Periodic physical and medical examination;

b. Periodic immunization; c. Medical and dental treatment; d. Treatment for common emergencies; and
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e. Counseling and guidance.
Sec. 44. Requirements for Special Schools. a. Cadavers shall be stored in morgues and dissected in dissecting rooms, all which shall be constructed and maintained in accordance with standards prescribed by the Department. b. Poisonous or harmful plants and animals shall be kept in adequate and secured areas. c. Viral and bacterial culture shall be kept in laboratories s under standard security laboratory measures. d. Schools utilizing radioactive materials or sources for study or research should closely conform to the requirements and guidelines given by the Radiation Health Office and Philippine Atomic Energy Commission concerning radiation protection; Sec. 45. Sanitary Requirements
for Operating an Industrial Establishment . - The following sanitary

requirements shall be applicable to industrial establishments:
a. No person, firm, corporation, or entity shall operate any industrial establishment without first obtaining a sanitary permit from the Secretary or his duly authorized representatives.
b. Industrial establishments shall be allowed to operate only in places or zones assigned for the kind of industry by existing zoning laws, ordinances, or policies. The local health authority shall determine the suitability of location where no zoning law, ordinance or policy exists. c. Adequate potable water supply shall be provided to employees. d.Sewage disposal shall be by means of a municipal or city sewerage system whenever possible. If no municipal or city sewerage system exists it shall be done in accordance with the provisions of this Code. Adequate and conveniently located toilet and bath facilities shall be provided for each sex. e. All wastes incident to the operation of the industrial plant shall be collected, stored, or disposed of in a manner to prevent health hazards, nuisances, and pollution. Where a city or municipal collection and disposal system exists, it should be maintained. f. an abatement program for the control of vermin shall be maintained. g. Adequate restrooms and mass halls shall be provided for employees. h. All places of employment and all workrooms, including machinery and equipment, shall be kept clean and sanitary.
SEC. 46. Responsibility of the Secretary. - The Secretary shall:
a. Issue a list of maximum concentration of atmospheric contaminants as guide in appraising health hazards and in evaluating control measures. The term maximum concentration as used in this Chapter means the amount of atmospheric contaminant which can be tolerated by man for continuous daily exposure with no impairment of health or well-being either immediate or after a long period of exposure.
b. Review the concentration values at regular intervals to amend or alter the list where indicated. c. Specify other concentrations of short intermittent duration capable of causing acute impairment of health. d. Require control of other contaminants known or believed to be capable of causing impairment of health but not included in the list already issued by the Department. e. Prescribe control measures to eliminate transmission of infectious disease through processing or handling of industrial products or wastes. f. Prescribe illumination standard values and order their review at regular intervals to alter to which workers may be exposed while on their job. g. Promulgate measures to effectively and adequately control any possible radioactivity to which workers may be exposed while on their job. h. Promulgate control measures to reduce noise pollution.
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CODE STUDY ON CORPORATE BUILDING DESIGN Sec. 47. Responsibilities of the employer and employees. - The following are the responsibilities of the employer and employees in industrial establishments:
a. Employer responsibility -
1. Provide, install and maintain in good repair all control measures and protective equipment;
2. Inform affected employees regarding the nature of the hazards and the reasons for, and methods of control measures and protective equipment; 3. Make periodical testing of the hearing of all employees in noisy areas of operation. 4. Adopt measures so that the noise produced is within allowable limits so as not to affect neighboring offices, buildings or establishments; 5. Request the Department a permit for variation from the requirements when other means of equivalent protection are provided: and 6. Provide personal protective equipment and or protective barriers when they are necessary.
b. Employee responsibility 1. Observe strictly protective control measures which are prescribed; and
2. Use equipment provided them properly.
Sec. 48. Environmental provisions. - The environmental provisions enumerated hereunder for the protection of the health workers are applicable to all industrial establishments:
a. Control of atmospheric contaminants -
1. Workers shall not be exposed to atmospheric contaminants hazardous to health.

2. Control of atmospheric contaminants shall be accomplish by methods approved by the Secretary or his duly authorized representatives or other government authority.
b. Control of infectious agents 1. Control measures shall be provided to eliminate or control transmission of infectious diseases through processing or handling of industrial products or wastes. c. Control of possible sources of radiation of radiation hazards should be carried out under the supervision of the Radiation Health Officer or his authorized representative.
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d. Noise - Control measures shall be provided to reduce intensity of noise sufficiently to render it harmless to workers and to eliminate it at its source as a nuisance by following recommendations of the local health or other government authority. e. Illumination -
1. Adequate lightning shall be provided and distributed in all word areas in amount required for the type of work or seeing tasks measured by a light -meter with a minimum of glare and contrasting intensities between work and workroom.
2. Where the specific task requires more light than provided by general illumination, supplementary lighting shall be supplied
f. Ventilation 1. Natural or artificial ventilation shall be provided in all work areas at a rate to insure a safe and healthful working atmosphere, free from injurious amounts of toxic materials and reasonably free from offensive odours and dust throughout the establishment. PALEVINO, Marinet O. BS Ar. 4A Page 102

2. Proper control measures shall be used to reduce concentration of toxic contaminants to allowable limits. 3. Air inlets shall be arranged, located and equipped to insure sufficient air velocity and an exhaust system shall be located so that discharged materials shall not reenter places of employment or habitations nor create any hazard of nuisance.
Sec. 49. Personal Protective Equipment. - The following requirements shall be applicable for personal protective equipment:
a. Personal protective equipment and or protective barriers shall be provided whenever substances, radiations or mechanical irritants are encountered in a manner capable of causing any pathological change or injury or impairment in functions of any part of the body through skin and or mucous membrane absorption. b. Personal protection equipment which shall include respiratory protectors and other accessories shall be fitted to each exposed worker when necessary. c. X-ray film badges or pocket desimeters should be worn by workers who, during their course of work are unavoidably exposed to even a small amount of radiation. d. Supervisors and employees shall familiarize themselves with the use,proper sanitary care and storage of this equipment. Sec.50. Health and the
Services. - Medical services shall be provided to all employees in accordance with existing laws
rules and regulations prescribed by the Department.
CHAPTER VIII - Public Swimming or Bathing Places Sec. 51. Sanitary Permits. - No public swimming and bathing places shall be operated for public use without a sanitary permit issued by the Secretary or his duly authorized representative.
Sec. 52. Protection
of Customers. - To protect the health and safety of persons who use them, the
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Department shall promulgate:
a. Rules and regulations concerning:
1. Correct sanitary practices for persons swimming or bathing to prevent the transmission of communicable diseases:
2. Correct sanitary procedures for personnel working in those places to maintain their adequate sanitation and cleanliness of accessories used by customers. 3. Adequate number of trained personnel and necessary equipment needed for life-saving and rescue work. 4. Post conspicuous signs to warn the public of the presence of artificial or natural hazards; and
b. Standards and criteria concerning:
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1. Sanitary structural requisites for swimming pools and bath houses to prevent pollution of their waters and to facilitate sanitation maintenance;
2. Sanitary structural standards for appurtenances, such as toilets, shower baths and dressing rooms to eliminate the risk of infection; 3. Methods of determining the sanitary quality of water, particularly that which is used in swimming pools; and 4. Criteria to be used in the limitation of swimming or bathing loads of swimming pools in accordance with the type of water treatment applied.
Sec. 53. Responsibility of the Local Health Authority. - The local health authority concerned shall:
a. Inspect the state of sanitation of public swimming or bathing places;
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b. Ascertain if their personnel are examined regularly for the presence of any infections or contagious disease; c. Enforce rules and regulation of the Department under this Chapter; and d. Recommend to the Department the revocation of their permits when it is deemed necessary for the protection public health.
CHAPTER IX - Rest Areas, Bus Terminals, Bus Stops and Service Stations Sec. 54. Rest areas, bus terminals, bus stops and service station areas with one or more permanent sheds, buildings and service facilities for the convenience and personal necessities of the traveling public.
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a. Rest areas, bus terminals, bus stops and service stations shall be established with ample area to prevent overcrowding of motor vehicles and travelers. b. They shall be provided with adequate ventilation and lighting and away from sources of nuisance. c. Safe and adequate water supply shall be provided in accordance with the provisions of Chapter II of this Code. d. Excreta and sewage collection and disposal shall be provided in accordance with the provisions of Chapter XVII of this Code.' e. Refuse collection and disposal shall be in accordance with the provisions of Chapter XVIII of this Code. f. Comfort rooms - Adequate number of comfort rooms shall be provided as well as auxiliary facilities therein in accordance with the provisions on Chapter XVII of this Code. g. Waiting sheds for computers shall be of adequate size to comfortably accommodate a minimum of thirty (30) persons. Floors shall be of smooth concrete finish and adequate sitting facilities provided for h. Sale of foodstuffs in those establishments shall be done in conformity with the provisions of Chapter III of this Code.
CHAPTER X - Camps and Picnic Grounds Sec. 55. No camps and picnic grounds shall be open for public patronage without a sanitary permit issued by Secretary or his duly authorized representative.
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a. Camps and picnic ground sites shall not be subject to flooding, must be well drained, distant from any source of nuisance and will not endanger sources of any public water supply. b. Camp and picnic houses shall be provided with adequate lightning and ventilation. Where tents are used flooring shall be at least 4 inches above the ground. c. Adequate and safe drinking water shall be available at all times in accordance with the provisions of Chapter II of this Code. d. Adequate number of sanitary facilities shall be provided. e. Sewage disposal shall be in accordance with the provisions on Chapter III of this Code. f. The Storage, preparation and serving food shall be in accordance with Chapter III of this Code. g. Refuse cans shall be provided at strategic points in the ground area provided with tight fitting cover. A regular collection service shall be maintained. Refuse disposal shall be in accordance with the provisions of Chapter XVIII of this Code. h. Camps and picnic grounds shall at all times be maintained clean, free from litter and accumulated rubbish. i. A program on Vermin Control shall be made in accordance with Chapter XVI of this Code.
CHAPTER XI - Dancing Schools, Dance Halls and Night Clubs Sec. 56. General Provisions. - The following provisions are applicable to dancing schools, dance halls and night clubs:
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CODE STUDY ON CORPORATE BUILDING DESIGN a. These establishments shall be operated and opened for public patronage only when a sanitary permit is issued by the local health authority.
b. These establishments and their premises shall be kept clean and sanitary at all times. c. Patrons shall be provided with adequate potable water and toilet facilities in accordance with standards prescribed in this Code. d. There shall be no private rooms or separate compartments for public use except those used for lavatories, dressing rooms, bars and kitchens.
Sec. 57. Special Provisions. - The following provisions are applicable in cases herein specified:
a. For dancing schools -
No person shall be employed as a dancing instructor or instructress without securing a health certificate from the local health authority. b. For dance halls and night clubs 1. No person shall be employed as hostess or cook or bartender or waiter without first securing a health certificate from the local health authority.
2. The storage, preparation and serving of food and drinks shall be in accordance with the provisions prescribed in Chapter III of this Code.
CHAPTER XII - Tonsorial and Beauty Establishments Sec. 58. Definition of Terms. - As used in this Chapter, the term"Tonsorial and Beauty Establishments" include barber shops, beauty parlors, hairdressing and manicuring establishments and figure slenderizing salons.
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a. Requirements - These establishments are subject to the following requirements:
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1. Sanitary permit shall be produced from the local health authority before their operation.
2. They shall be maintained clean and sanitary at all times. 3. No person shall be employed to service customers without a health certificate issued by the local health authority.
b. Correct Sanitary Practices - the following sanitary practices shall be observed. 1. Working personnel shall wash their hands with soap and water before servicing customers.
2. They shall wear clean working garments. 3. They shall not smoke nor eat while working. 4. Implements of their trade shall be cleaned and disinfected before and after their use. 5. Customers shall be supplied with clean and fresh towels, drapes and other linen necessary. 6. Precautionary measures to prevent disease transmission shall be observed when serving customers showing any form of dermatoses.
CHAPTER XIII - Massage Clinics and Sauna Bath Establishments Sec. 59. Definition of Terms. - As used in this Chapter the following terms shall mean:
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a. Message - A method wherein the superficial soft t parts of the body are rubbed or stroked or kneaded for remedial or aesthetic or hygienic purposes. b. Message Clinic - An establishment where message is administered to customers. c. Masscur - A trained person duly licensed by the Secretary of his authorized representative to perform massage and to supervise massage clinic attendants.
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d. Massage Clinic Attendant - A trained person duly permitted by the Secretary or his authorized representative to massage customers under the guidance and supervision of a masseur. e.Sauna Bath Establishment - An establishment where customers are exposed to steam which is generated by sprinkling water on hot stones or by some other means. f. Sauna Bath attendant - A person Who applies the proper technique of giving steam bath to customers. Sec. 60. Sanitary Permit. - No person or entity shall operate a massage clinic and or a sauna bath establishment without fist securing a sanitary permit from the local health authority. Sec. 61. Sanitary Requirement. - The following requirement s shall be enforced: a. Massage Clinic -
1. The reception and office rooms shall be properly lighted and ventilated.
2. Every massage room shall be adequately ventilated, provided with a sliding curtain at the entrance and the with a suitable and clean massage table 3. Sanitary and adequate hand washing, bath and toilet facilities shall be available 4. Customers shall be provided with soap, clean towels, sanitized rubber or plastic slippers.The y shall be required to take a thorough bath before massage. 5. Masseur and masseur attendant shall wash their hands with soap and water before and after massaging a customer. 6. the establishment and its premises shall be maintained clean and sanitary at all times.
b. Sauna Bath Establishment 1. The reception and office rooms shall be properly lighted and adequately ventilated.
2. The sauna bath room shall be properly lighted, provided with thermometers, and maintained clean and sanitary at all times. 3. Sanitary and adequate hand washing, bath and toilet facilities shall be available. 4. Customers shall be provided with soap, clean towels and sanitized rubber or plastic slippers.
Sec. 62. Personnel. - The following requirements shall be enforced:

a. Masseur -
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1. The person must have a certificate as a registered masseur, issued by the Committee on Examiners for Masseur of the Department. b. He must possess an up-to-date health certificate issued by the local health authority to include VD clearance secured from any government clinic or hospital. 1. The person must wear a clean working garment when attending to customers. c. Sauna Bath Attendant 1. Attendant must possess an up-to- date health certificate issued by the local health authority.
2. The person must wear a clean working garment when attending to customers.
CHAPTER XIV - Hotels, Motels and Apartments, Lodging, Boarding, or Tenement Houses, and Condominiums. Sec. 63. Definition of Terms. - As used in this Chapter, the following terms shall mean:
a. Hotel - A building where transient guests are received and are supplied with and charged for meals, lodging and other services.
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b. Motel - A roadside hotel for motorists, usually consisting of private cabins. c. Boarding House- A building where selected persons for fixed periods of time are supplied with, and charged for sleeping accommodations and meals. d. Lodging House - A building where persons are supplied with and charged for sleeping accomodotations only. e. Tenement House - A building or portion thereof which is leased or sold to an occupant as residence by four or more families doing their cooking within the premises but living independently of one another although having a common right in the use of halls, stairways, terraces, verandas, toilets and baths. f. Apartment House - A building containing a number of separate residential suites. g. Condominium - A building with one or more storeys composed of multi-unit residential suites under joint ownership of occupants each unit provided with complete sanitary facilities, utilities and other amenities. h. Establishments - A collective term construed to include terms (a) to (g). Sec. 64. General Provisions. - The following are required for the establishments defined in the preceding Section:
a. No establishment shall be operated and opened for public patronage without a sanitary permit issued by the Secretary or his duly authorized representative. b. Any extension or additional construction in an establishment shall require a sanitary permit before it could be operated. c. All establishment shall provide their patrons with adequate water supply, toilet and bath facilities in accordance with standards prescribed in this Code. d. Establishments and their premises shall be kept clean and sanitary at all times. e. Periodic insect and vermin control measures shall be undertaken to eradicate vectors of diseases. f. Animals, fowls and pets shall be housed in appropriate kennels or cages separate from living quarters. g. No person shall be employed in establishments without first procuring a health certificate from the local health authority, Sec. 65. Special Provisions. - The following provisions are applicable. a. Hotels and Motels -
1. The storage, preparation and serving of food to customers shall be in accordance with the standards prescribed in Chapter III of this Code.
2. Customers shall be provided with clean linen such as bedsheets, pillow cases, towels and napkins. 3. When rooms or cabin are vacated, their toilets or baths shall sanitized and clean and fresh linen shall be provided before the room or cabin is rented for occupancy.
b. Condominium - the following conditions are applicable:
1. the choice for sites should consider availability of bus and taxi transportation services.
2. Nearness to place of work, schools,police stations and clinics. 3. Availability of low-cost goods. 4. Parking facilities and playgrounds for children. 5. Facilities for refuse disposal and cleanliness of buildings, and 6. Efficiency of lifts.
CHAPTER XV - Port, Airport, Vessel and Aircraft Sanitation Sec. 66. Port and Airport Sanitation. - In ports and airports, the following sanitary requirements shall be applied:
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a. Every port and airport shall be provided with potable drinking water and wholesome food supplied from sources approved by the Secretary or his duly authorized representative. b. The drinking water and food shall be stored and handled in a manner to ensure their protection against contamination. The local health authority shall conduct periodic inspections of equipment, installations and premises, and collect regularly samples of water and food for laboratory examination to determine if they are fit for human consumption. c. There shall be available to as many ports and airports as practicable organized medical and health services with adequate staff, equipment and facilities for the prompt isolation and care of infected persons, disinfection, disinfecting, deratting, laboratory examination of rodents for plague infection, collection of water and food samples for examination. d. the local health authority for each port and airport shall take all practicable measures to keep port and airport installation free of rodents. e. In ports and airports of entry, facilities shall be provided for immunizations required in international travel. f. Every port of entry and the area within the perimeter of an airport of entry shall be kept free from mosquito vectors of yellow fever, malaria and other diseases of epideniological significance. Sec. 67. Bessel Sanitation. - For the purpose of this Section, the provisions of Art.II of the Quarantine Regulations promulgated under Section 5 of Republic Act No. 123 shall be applied and enforced. Sec. 68. Aircraft Sanitation. - For the purpose of this Section, the requirements in the Guide to Hygiene and Sanitation in Aviation of the World Health Organization are adopted as part of this code.
CHAPTER XVI - Vermin Control Sec. 69. Definition of Terms. - As used in this Chapter, the following terms shall mean:
a. Place - Land, building, residence, pier, watercraft, aircraft or any means of conveyance.
b. Vermin - A group of insects or small animals such as flies, mosquitoes, cockroaches, fleas, lice, bedbugs, mice and rats which are vectors of diseases. Sec. 70. General Requirements. a. A vermin abatement program shall be maintained in places by their owners, operators or administrators. If they fail, neglect or refuse to maintain a vermin abatement program, the local health agency will undertake the work at their expense. b. Vermin control in public places shall be the responsibility of the provincial, city or municipal governments which have jurisdiction over them. c. The procedure and frequency of vermin abatement program shall be determined and approved by the local health authority.
CHAPTER XVII - Sewage Collection and Disposal, Excreta Disposal and Drainage. Sec. 71. Definition of Terms. - As used in this chapter the following terms shall mean:
a. Public sewerage system - A system serving twenty five persons or more. b. Septic tank - A water tight receptacle which receives the discharge of a plumbing system or part thereof, and is designed to accomplish the partial removal and digestion of the suspended solid matter in the sewage through a period of detention. Its construction shall be in accordance with specifications prescribed in this Chapter. c. House sewer - The pipe line conveying sewage from the house or building to the septic tank or to any point of discharge.
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d. Septic tank absorption bed or drain field - an underground system or pipes leading from the outlet of the septic tank, consisting of open jointed or perforated pipes so distributed that the effluent from a septic tank is exidized and absorbed by the soil. e. Effective capacity of a septic tank - The actual liquid capacity of a septic tank as contained below the liquid level line of the tank. f. Effective depth of a septic tank - The actual liquid depth of a septic tank as measured from the inside bottom of the septic tank to the liquid level line. g. Freeboard or air space of a septic tank - The distance as measured from the liquid level line to the inside top of the septic tank. h. Distribution box - A small concrete receptacle between the septic tank and the drain field from which lines of drain tile extends and which acts as surge tank to distribute the flow of sewage equally to each line of drain tile.
i. Approved excreta disposal facilities shall mean any of the following:

1. Flush toilets properly connected to a community sewer;
2. Flush toilets connected to a septic tank constructed in accordance with this Chapter: 3. any approved type pit privy built in accordance with this Chapter;and
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4. Any disposal device approved by the Secretary or his duly authorized representative.
j. Privy - A structure which id not connected to a sewerage system and is used for the reception, disposition and storage of feces or other excreta from the human body.
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k.Septic privy where the fecal matter is placed in a septic tank containing water and connected to a drain field but which is not served by a water supply under pressure. l. Box and can privy - A privy where fecal matter is deposited in a can bucket which is removed for emptying and cleaning. m. Concrete vault privy - A pit privy with the pit lined with concrete in such manner as to make it water tight. n. Chemical privy - A privy where fecal matter is deposited into a tank containing a caustic chemical solution to prevent septic action while the organic matter is decomposed. Sec. 72. Scope of Supervision of the Department. - The approval of the Secretary or his duly authorized representative is required in the following matters:
a. Construction of any approved type of toilet for every house including community toilet which may be allowed for a group of small houses of light materials or temporary in nature; b. Plans of individual sewage disposal system and the sub-surface absorption system, or other treatment device; c. Location of any toilet or sewage disposal system in relation to a source of water supply; d. Plans, design data and specifications of a new or existing sewerage system or sewage treatment plant; e. The discharge of untreated effluent of septic tanks and or sewage treatment plants to bodies of water; f. Manufacture of septic tanks; and g. Method of disposal of sludge from septic tanks or other treatment plants. Sec. 73. Operation of Sewage Treatment Works. - Private or public sewerage systems shall:
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a. Provide laboratory facilities for control tests and other examinations needed;
b. Forward to the local health authority in case of breakdown or improper functioning of the sewage treatment works; c. Inform the local health authority in case of breakdown or improper functioning of the sewage treatment work; and d. Provide for the treatment of all sewage entering the treatment plant.
Sec. 74. Requirements in the operation of Sewerage Works and Sewage Treatment Plants. - The following are required for sewerage works and sewage treatment plants:
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a. All houses covered by the system shall be connected to the sewer in areas where a sewerage system is available. b. Outfalls discharging effluent from a treatment plant shall be carried to the channel of the steam or to deep water where the outlet is discharged. c. Storm water shall discharged to a storm sewer, sanitary sewage shall be discharged to a sewerage only; but this should not prevent the installation of a combined system. d. Properly designed grease traps shall be provided for sewers from restaurants or other establishments where the sewerage carries a large amount of grease. Sec. 75. Septic Tanks. - Where a public sewerage system is not available, sewer outfalls from residences, schools, and other building s shall discharged into a septic tank to be constructed in accordance with the following minimum requirements:
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a. It shall be generally rectangular in shape. When a number of compartments are used, the first compartment shall have the capacity from one-half to two-thirds of the total volume of the tank.
b. It shall be built of concrete, whether pre-cast or poured in place. Brick,concrete blocks or adobe may be used. c. It shall not be constructed under any building and within 25 meters from any source of water supply.
SEC.76. Disposal of Septic Tank Effluent.- The effluent from septic tanks shall be discharged into a subsurfaced soil, absorption field where applicable or shall be treated with some type of a purification device. The treated effluent may be discharged into a stream or body of water if it conforms to the quality standards prescribe by the National Water and Air Pollution Control Commission.
SEC. 77. Determination
of Septic Tanks Capacity. - The septic tank capacity may be determined from the
estimated unit flow contained in Table I "Quantities of Sewage Flow", based on adequate detention time interval resulting in efficient sedimentation. Daily flow from mattered results, may be used as estimated flow when available. For edifices with occupants, the number of persons to be served shall be computed on the number of rooms with each room considered as occupied by two persons or in the basis of the actual number of persons served by the tank, whichever is greater. Sec. 78. Sanitary Privies. - The privy recommended for use is the sanitary privy. It shall conform with the following minimum requirements:
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a. It shall consist of an earthen pit, a floor covering the pit, and a water -sealed bowl. It shall be so constructed in order that fecal matter and urine will be deposited into the earthen pit which shall be completely fly-proof.
b. The pit shall be at least one meter square. c.The floor should cover the pit tightly to prevent the entrance of flies. It shall be constructed of concrete or other impervious material. d. The water-sealed bowl shall be joined to the floor so as to form a water-tight and insect proof joint. e.A suitable building, shall be constructed to provide comfort and privacy for the users of the privy. f. Wooden floors and seat risers shall not be used.
Sec. 79. Drainage. - a. Responsibility of cities and municipalities - It shall be the responsibility of all cities and municipalities to provide and maintain in a sanitary state and in good repair a satisfactory system of drainage in all inhabited areas where waste water from buildings and premises could empty without causing nuisance to the community and danger to public health.
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b. Connection to the municipal drainage system- Building or premises producing wastes water shall be connected to the municipal drainage system in all areas where it exists. Sec. 80. Special Precaution for Radioactive Excreta and Urine of Hospitalized Patient . a. Patients given high doses of radioactive isotope for therapy should be given toilet facilities separate from those use by "non-radioactive" patients. b. Radioactive patients should be instructed to use the same toilet bowl at all times and to flush it at least 3 times after its use.
CHAPTER XVIII - Refuse Disposal Sec. 81. Definition of Terms. - As used in this chapter, refuse is an inclusive term for all solid waste products consisting of garbage, rubbish, ashes, night soil, manure, dead animals, street sweepings and industrial wastes.
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Sec. 82. Responsibility
of Cities and Municipalities. - Cities and municipalities shall provide an adequate
and efficient system of collecting, transporting and disposing refuse in their areas of jurisdiction in a manner approved by the local health authority. Sec. 83. Additional Requirements. a. Occupants of buildings and residences shall, provide a sufficient number of receptacles for refuse. Refuse in receptacles shall be protected against vermin and other animals. b. Refuse shall be disposed through a municipal collection service. If this service is not available, disposal shall be by incineration, burying, sanitary landfill or any method approved by the local health authority. c. Refuse shall not be thrown i any street, sidewalk, yard, park or any body of water. It shall be stored suitable container while awaiting its final disposal. d. Streets shall be kept clean by occupants or owners of properties lining the street from the line of the property to the middle of the street and from one property to the other.' e. Parks, plazas and streets adjacent to public buildings shall be kept clean by the local government concerned.
CHAPTER XIX - Nuisances and Offensive Trades and Occupations Sec. 84. Nuisances and Offensive Trades and Occupations. a. Nuisance - Anything that injures health, endangers life, offends the senses or produces discomfort to the community. b. Offensive trades or occupations - These are the following:
1. Soap boiling
2. Guts cleaning 3. Boiling of offal, bones, fat or lard; Permissible if process is performed in a public slaughter house under prescribed regulations. 4. Manufacturing or glue or fertilizer; 5. Skin Curing 6. Scrap processing 7. Manure storing 8. Lime burning 9. Lye making; and 10. Any manufacturing process in which lead, arsenic, mercury, phosphorous, or other poisonous substance is used.
Sec. 85. Types of Nuisances. - For the purpose of this Chapter, the following shall be considered nuisances:
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CODE STUDY ON CORPORATE BUILDING DESIGN a. Public or private premises maintained and used in a manner injurious to health;
b. Breeding places and harborages of vermin; c. Animals and their carcasses which are injurious to health; d. Accumulation of refuse; e. Noxious matter or waste water discharged improperly in streets; f. Animals stockage maintained in a manner injurious to health; g. Excessive noise; and h. Illegal shanties in public or private properties.
The use of such chemicals permissible in the practice of pharmacy and in printing where ready made lead types are used.
Sec. 86. Responsibilities establishments shall: trade;

of Owners, managers or Operators. - The owners, managers or operators of
a. Secure a sanitary permit from the local health authority before establishing and operating their business or b. Remove daily all injurious by-products and wastes; c. Prevent the escape of industrial impurities and adopt methods to render them innocuous; d. Maintain working establishments and their premises clean and sanitary at all times; e. Store all materials properly to prevent emission of noxious or injurious effluvia.
CHAPTER XX - Pollution of the Environment Sec. 87. General Provisions. - For the purpose of this Chapter, the provisions of Republic Act No. 3931, the rules and regulations of the National Water and Air Pollution Control Commission promulgated in accordance with the provisions of Section 6 (a) 2 of the said Act, the provisions of Presidential Decree No. 430 and the rules and regulations of the Radiation Health Office of the Department of Health shall be applied and enforced.
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Sec. 88. Authority of the Secretary. - The Secretary is authorized to promulgate rules and regulations for the control and prevention of the following types of pollution:
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a. Pollution of pesticides and heavy metals;

b. Pollution of food caused by chemicals, biological agents, radioactive materials, and excessive or improper use of food additives; c. Non-ionizing radiation caused by electronic products such as laser beams or microwaves; d. Noise pollution caused by industry, land and air transports and building construction; e. Biological pollutants including the causative agents of intestinal infections; f. Pollution of agricultural products through the use of chemical fertilizers and plant pesticides containing toxic chemical substances and unsanitary agricultural practices; and g. Any other type of pollution which is not covered by the provisions of Republic Act 3931, the rules and regulations of the National Water and Air Pollution Control Commission, the provisions of Presidential Decree No. 480 and the rules and regulations of the Radiation Health Office of the Department of Health which is likely to affect community Health adversely.
CHAPTER XXI - Disposal of Dead Persons Sec. 89. Definition. - As used in this Chapter, the following terms shall mean:
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CODE STUDY ON CORPORATE BUILDING DESIGN a. Burial grounds - cemetery, memorial park of any place duly authorized by law for permanent disposal of the dead.
b. Embalming - preparing, disinfecting, and preserving a dead body for its final disposal. c. Embalmer - a person who practices embalming. d. Undertaking - the care, transport and disposal of the body of deceased person by any means other than embalming. e. Undertaker - Person who practice undertaking f. Funeral establishment - any place used in the preparation and care of the body of a deceased person for burial. g. Remains - the body of a dead person h.Burial- Internment of remains in a grave, tomb or in the sea. i.Disinterment - the removal or exhumation of remains from places of interment.
Sec. 90. Burial Grounds Requirements. - The following requirements shall be applied and enforced:
a. It shall be unlawful for any person to bury remains in places other than those legally authorized in conformity with the provisions of this Chapter.
b. A burial ground shall at least be 25 meters distant from any dwelling house and no house shall be constructed with in the same distance from any burial ground. c. No burial ground shall be located within 50 meters from either side of a river or within 50 meters from any source of water supply.
Sec. 91. Burial Requirements. - The burial of remains is subject to the following requirements:
a. No remains shall be buried without a death certificate. This certificate shall be issued by the attending physician. If there has been no physician in attendance, it shall be issued by the mayor, the secretary of the municipal board, or a councilor of the municipality where the death occured. The death certificate shall be forwarded to the local civil register within 48 hours after death.
b. Shipment of remains abroad shall governed by the rules and regulations of the Bureau of Quarantine. c. Graves where remains are buried shall be at least one and one-half meters deep and filed well and firmly. d. The cost of burial of a dead person shall be borne by the nearest skin. If the kin is not financially capable of defraying the expenses or if the deceased had no kin, the cost shall be borne by the city or municipal government. e. The burial of remains in city or municipal burial grounds shall not be prohibited on account of race, nationality, regional or political persuasion. f. If the person who issues a death certificate has reasons to believe or suspect that the cause of death was due to violence or crime, he shall notify immediately the local authorities concerned. In this case the deceased shall not be buried until a permission is obtained from the provincial or city fiscal. If these officials are not available the permission shall be obtained from any government official authorized by law. g. Except when required by legal investigation or when permitted by the local health authority, no unembalmed remains shall unburied longer than 48 hours after death. h. When the coast of death is a dangerous communicable disease, the remain shall be buried within 12 hours after death. They shall not be taken to any place of public assembly. Only the adult members of the family of the deceased may be permitted to attend the funeral.
SEC. 92. Disinterment Requirements. - Disinterment of remains is subject to the following requirements:
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CODE STUDY ON CORPORATE BUILDING DESIGN a. Permission to disinter remains of persons who died of non-dangerous communicable diseases may be granted after a burial period of three years.
b. Permission to disinter remains of person who died of dangerous communicable diseases may be granted after a burial period of five years. c. Disinterment of remains covered in paragraphs "a" and "b" of this Section may be permitted within a shorter time than that prescribed in special cases, subject to the approval of the Regional Director concerned of his duly authorized representative. d. In all cases of disinterment, the remains shall be disinfected and places in a durable and sealed container prior to their final disposal.
SEC. 93. Funeral and Embalming Establishments. - These establishments are subject to the following requirements:
a. Scope of inclusion - For the purposes of this Section, requirements prescribed herein shall be applied and enforced to funeral chapels, embalming establishments and morgues. b. Sanitary permit - No establishment mentioned in the preceding paragraph shall be operated without a sanitary permit issued by the Secretary or his duly authorized representative. This permit shall be revoked in case of any violation of the provision of this chapter and the rules and regulations promulgated by the Secretary. c. Classification - Funeral establishment shall be classified in three (3) categories which are described as follows:
1. Category I - Establishments with chapel, and embalming facilities and offering funeral services.
2. Category II - Establishments with chapels and offering funeral services but without embalming facilities. 3. category III - Establishments offering only funeral services from the house of the deceased to the burial ground.
d. Sanitary requirements for funeral chapels- the requirements prescribed for places of public assembly in this Code shall be applied.
For embalming and dressing rooms -
1. They should be constructed of concrete or semi-concrete materials with sufficient space to accommodate five bodies at one time.
2. The floors and walls shall be made of concrete or other durable impervious materials. 3. ventilation and lighting should be adequately provided. 4. Embalming shall be performed on a table made of a single marble slab or other equally impervious materials. It shall be so constructed that all washings and body fluids shall flow to a drain connected to the waste piping system of the building. 5. Embalming and assistants shall use rubber gloves when working. 6. Washing facilities with soaps, detergents and germicidal solutions shall be provided for use of the working personnel.
SEC. 94. Licensing and Registration Procedures. - the licensing and registration of undertakers and embalmers are subject to the following requirements:
a. Issuance of license to practice -
1. Any person who desires to practice undertaking or embalming shall be licensed to practice only after passing examination conducted by the Department.
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2. Licensed undertakers or embalmers shall practice undertaking or embalming in accordance with requirements prescribed by the Departments. 3. Licensed undertakers or embalmers shall display their licenses conspicuously in the establishments where they work.
b. Issuance of certificates or registration 1. An undertaker or embalmer shall apply annually for a registration certificates and pay an annul registration fee of twenty-five pesos to the Regional Health Office concerned.
2. The first registration certificate issued shall cover the period from the date of issuance to the last day of the current year. Subsequent certificate shall expire December 31 of the year. 3. Certificates of registration shall be posed conspicuously in establishments concerned.
c. Exemption - Government and private physicians may perform embalming without license and registration certificates as exigencies require.
Sec. 95. Autopsy
and Dissection of Remains. - The autopsy and dissection of remains are subject to the
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following requirements:
a. Person authorized to perform these are:
1. Health officers;
2. Medical officers of law enforcement agencies; and 3. Members of the medical staff of accredited hospitals.
b. Autopsies shall be performed in the following cases: 1. Whenever required by special laws;
2. Upon orders of a competent court, a mayor and a provincial or city fiscal; 3. Upon written request of police authorities; 4. Whenever the Solicitor General, provincial or city fiscal as authorized by existing laws, shall deem it necessary disinter and take possession of remains for examination to determine the cause of death; and 5. Whenever the nearest kin shall request in writing the authorities concerned to ascertain the cause of death.
c. Autopsies may be performed on patients who die in accredited hospitals subject to the following requirements:
1. The Director of the hospital shall notify the next of kin of the death of the deceased and request permission to perform an autopsy;
2. Administer city or municipal cemeteries; 3. Issue permits to inter, disinter or transfer remains; 4. Apply prescribed measures when cause of death is due to a dangerous communicable disease; 5. Keep records of death occurring within his area of jurisdiction; and 6. Authorize the delivery of unclaimed remains to medical schools and scientific institutions for purposes specified in this Chapter and in accordance with the rules and regulations of the Department.
Sec. 101. Responsibility of Local Government. - Local governments shall:
a. Reserve appropriate tracts of land under their jurisdiction, for cemeteries subject to approval of regional Directors concerned; b. Utilize judiciously grants, gifts, bequests of property or financial donations for the establishment or improvement of cemeteries;and
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c. Close cemeteries under their jurisdiction subject to approval of the Regional Director. Sec. 102. Penal Provisions. a. The Secretary or his duly authorized representative may revoke or suspend the license of an undertaker or embalmer who violates any provisions of this Chapter or the rules and regulations promulgated by the Secretary under this Chapter. b. Any person who shall engage in the business of undertaking or embalming in violation of any provision of this Chapter shall be liable to a penalty of not more than one thousand pesos for each violation. c. Each day or any part thereof during which any prohibited business or practice is continued shall be deemed a separate violation and subject to the same penalty prescribed in the preceding paragraph.
CHAPTER XXII - Final Provisions Sec. 103. Penal Provisions. a. Unless otherwise provided in any Chapter or section in this Code, any person who shall violate, disobey, refuse, omit or neglect to comply with any of the rules and regulations promulgated under this Code shall be guilty of misdemeanor and upon conviction shall b punished by imprisonment for a period not exceeding six months or by a fine of not exceeding one thousand pesos or both depending upon the discretion of the court. b. Any person who shall interfere with or hinder, or oppose any officer, agent or member of the Department or of the Bureaus and offices under it, in the performance of his duty as such under this Code, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of the Code, shall be guilty of misdemeanor and punishable upon conviction by imprisonment for a period not exceeding six months or by a fine or not exceeding one thousand pesos or both depending upon the discretion of the Court. Sec. 104. Separability Clause. - In the event that any section, paragraph, sentence clause or word of this Code is declared invalid for any reason, other provisions thereof shall not be affected thereby. Sec. 105. Repealing Clause. - All laws, as will as pertinent rules and regulations thereof which are inconsistent with the provisions of this Code are hereby repealed or amended accordingly. Sec. 106. Effectivity. - This Code is hereby made part of the law of the land and shall take effect immediately.
Done in the City of Manila, this 23rd day of December, in the year of Our Lord, nineteen hundred and seventy-five.
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(Sgd.) FERDINAND E. MARCOS President of the Philippines By the President:

(Sgd.) JUAN C. TUVERA Presidential Assistant
REPUBLIC ACT NO. 4726 June 18, 1966 AN ACT TO DEFINE CONDOMINIUM, ESTABLISH REQUIREMENTS FOR ITS CREATION, AND GOVERN ITS INCIDENTS. Section 1. The short title of this Act shall be "The Condominium Act". PALEVINO, Marinet O. BS Ar. 4A Page 116
CODE STUDY ON CORPORATE BUILDING DESIGN Sec. 2. A condominium is an interest in real property consisting of separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. A condominium may include, in addition, a separate interest in other portions of such real property. Title to the common areas, including the land, or the appurtenant interests in such areas, may be held by a corporation specially formed for the purpose (hereinafter known as the "condominium corporation") in which the holders of separate interest shall automatically be members or shareholders, to the exclusion of others, in proportion to the appurtenant interest of their respective units in the common areas. The real right in condominium may be ownership or any other interest in real property recognized by law, on property in the Civil Code and other pertinent laws. Section 3. As used in this Act, unless the context otherwise requires: (a) "Condominium" means a condominium as defined in the next preceding section. (b) "Unit" means a part of the condominium project intended for any type of independent use or ownership, including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building or buildings and such accessories as may be appended thereto. (c) "Project" means the entire parcel of real property divided or to be divided in condominiums, including all structures thereon, (d) "Common areas" means the entire project excepting all units separately granted or held or reserved. (e) "To divide" real property means to divide the ownership thereof or other interest therein by conveying one or more condominiums therein but less than the whole thereof. Sec. 4. The provisions of this Act shall apply to property divided or to be divided into condominiums only if there shall be recorded in the Register of Deeds of the province or city in which the property lies and duly annotated in the corresponding certificate of title of the land, if the latter had been patented or registered under either the Land Registration or Cadastral Acts, an enabling or master deed which shall contain, among others, the following: (a) Description of the land on which the building or buildings and improvements are or are to be located; (b) Description of the building or buildings, stating the number of stories and basements, the number of units and their accessories, if any; (c) Description of the common areas and facilities; (d) A statement of the exact nature of the interest acquired or to be acquired by the purchaser in the separate units and in the common areas of the condominium project. Where title to or the appurtenant interests in the common areas is or is to be held by a condominium corporation, a statement to this effect shall be included; PALEVINO, Marinet O. BS Ar. 4A Page 117
CODE STUDY ON CORPORATE BUILDING DESIGN (e) Statement of the purposes for which the building or buildings and each of the units are intended or restricted as to use; (f) A certificate of the registered owner of the property, if he is other than those executing the master deed, as well as of all registered holders of any lien or encumbrance on the property, that they consent to the registration of the deed; (g) The following plans shall be appended to the deed as integral parts thereof: (1) A survey plan of the land included in the project, unless a survey plan of the same property had previously bee filed in said office; (2) A diagrammatic floor plan of the building or buildings in the project, in sufficient detail to identify each unit, its relative location and approximate dimensions; (h) Any reasonable restriction not contrary to law, morals or public policy regarding the right of any condominium owner to alienate or dispose of his condominium. The enabling or master deed may be amended or revoked upon registration of an instrument executed by the registered owner or owners of the property and consented to by all registered holders of any lien or encumbrance on the land or building or portion thereof. The term "registered owner" shall include the registered owners of condominiums in the project. Until registration of a revocation, the provisions of this Act shall continue to apply to such property. Sec. 5. Any transfer or conveyance of a unit or an apartment, office or store or other space therein, shall include the transfer or conveyance of the undivided interests in the common areas or, in a proper case, the membership or shareholdings in the condominium corporation: Provided, however, That where the common areas in the condominium project are owned by the owners of separate units as co-owners thereof, no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens, or corporations at least sixty percent of the capital stock of which belong to Filipino citizens, except in cases of hereditary succession. Where the common areas in a condominium project are held by a corporation, no transfer or conveyance of a unit shall be valid if the concomitant transfer of the appurtenant membership or stockholding in the corporation will cause the alien interest in such corporation to exceed the limits imposed by existing laws. Sec. 6. Unless otherwise expressly provided in the enabling or master deed or the declaration of restrictions, the incidents of a condominium grant are as follows: (a) The boundary of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof. The following are not part of the unit bearing walls, columns, floors, roofs, foundations and other common structural elements of the building; lobbies, stairways, hallways, and other areas of common use, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services and facilities, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit. PALEVINO, Marinet O. BS Ar. 4A Page 118
CODE STUDY ON CORPORATE BUILDING DESIGN (b) There shall pass with the unit, as an appurtenance thereof, an exclusive easement for the use of the air space encompassed by the boundaries of the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. Such easement shall be automatically terminated in any air space upon destruction of the unit as to render it untenantable. (c) Unless otherwise, provided, the common areas are held in common by the holders of units, in equal shares, one for each unit. (d) A non-exclusive easement for ingress, egress and support through the common areas is appurtenant to each unit and the common areas are subject to such easements. (e) Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own unit. (f) Each condominium owner shall have the exclusive right to mortgage, pledge or encumber his condominium and to have the same appraised independently of the other condominiums but any obligation incurred by such condominium owner is personal to him. (g) Each condominium owner has also the absolute right to sell or dispose of his condominium unless the master deed contains a requirement that the property be first offered to the condominium owners within a reasonable period of time before the same is offered to outside parties; Sec. 7. Except as provided in the following section, the common areas shall remain undivided, and there shall be no judicial partition thereof. Sec. 8. Where several persons own condominiums in a condominium project, an action may be brought by one or more such persons for partition thereof by sale of the entire project, as if the owners of all of the condominiums in such project were co-owners of the entire project in the same proportion as their interests in the common areas: Provided, however, That a partition shall be made only upon a showing: (a) That three years after damage or destruction to the project which renders material part thereof unit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction, or (b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that condominium owners holding in aggregate more than thirty percent interest in the common areas are opposed to repair or restoration of the project; or (c) That the project has been in existence in excess of fifty years, that it is obsolete and uneconomic, and that condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration or remodeling or modernizing of the project; or
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CODE STUDY ON CORPORATE BUILDING DESIGN (d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable, or that the condominium owners holding in aggregate more than seventy percent interest in the common areas are opposed to continuation of the condominium regime after expropriation or condemnation of a material portion thereof; or (e) That the conditions for such partition by sale set forth in the declaration of restrictions, duly registered in accordance with the terms of this Act, have been met. Section 9. The owner of a project shall, prior to the conveyance of any condominium therein, register a declaration of restrictions relating to such project, which restrictions shall constitute a lien upon each condominium in the project, and shall insure to and bind all condominium owners in the project. Such liens, unless otherwise provided, may be enforced by any condominium owner in the project or by the management body of such project. The Register of Deeds shall enter and annotate the declaration of restrictions upon the certificate of title covering the land included within the project, if the land is patented or registered under the Land Registration or Cadastral Acts. The declaration of restrictions shall provide for the management of the project by anyone of the following management bodies: a condominium corporation, an association of the condominium owners, a board of governors elected by condominium owners, or a management agent elected by the owners or by the board named in the declaration. It shall also provide for voting majorities quorums, notices, meeting date, and other rules governing such body or bodies. Such declaration of restrictions, among other things, may also provide: (a) As to any such management body; (1) For the powers thereof, including power to enforce the provisions of the declarations of restrictions; (2) For maintenance of insurance policies, insuring condominium owners against loss by fire, casualty, liability, workmen's compensation and other insurable risks, and for bonding of the members of any management body; (3) Provisions for maintenance, utility, gardening and other services benefiting the common areas, for the employment of personnel necessary for the operation of the building, and legal, accounting and other professional and technical services; (4) For purchase of materials, supplies and the like needed by the common areas; (5) For payment of taxes and special assessments which would be a lien upon the entire project or common areas, and for discharge of any lien or encumbrance levied against the entire project or the common areas; (6) For reconstruction of any portion or portions of any damage to or destruction of the project; (7) The manner for delegation of its powers; PALEVINO, Marinet O. BS Ar. 4A Page 120
CODE STUDY ON CORPORATE BUILDING DESIGN (8) For entry by its officers and agents into any unit when necessary in connection with the maintenance or construction for which such body is responsible; (9) For a power of attorney to the management body to sell the entire project for the benefit of all of the owners thereof when partition of the project may be authorized under Sec. 8 of this Act, which said power shall be binding upon all of the condominium owners regardless of whether they assume the obligations of the restrictions or not. (b) The manner and procedure for amending such restrictions: Provided, That the vote of not less than a majority in interest of the owners is obtained. (c) For independent audit of the accounts of the management body; (d) For reasonable assessments to meet authorized expenditures, each condominium unit to be assessed separately for its share of such expenses in proportion (unless otherwise provided) to its owners fractional interest in any common areas; (e) For the subordination of the liens securing such assessments to other liens either generally or specifically described; (f) For conditions, other than those provided for in Sections eight and thirteen of this Act, upon which partition of the project and dissolution of the condominium corporation may be made. Such right to partition or dissolution may be conditioned upon failure of the condominium owners to rebuild within a certain period or upon specified inadequacy of insurance proceeds, or upon specified percentage of damage to the building, or upon a decision of an arbitrator, or upon any other reasonable condition. Sec. 10. Whenever the common areas in a condominium project are held by a condominium corporation, such corporation shall constitute the management body of the project. The corporate purposes of such a corporation shall be limited to the holding of the common areas, either in ownership or any other interest in real property recognized by law, to the management of the project, and to such other purposes as may be necessary, incidental or convenient to the accomplishment of said purposes. The articles of incorporation or by-laws of the corporation shall not contain any provision contrary to or inconsistent with the provisions of this Act, the enabling or master deed, or the declaration of restrictions of the project. Membership in a condominium corporation, regardless of whether it is a stock or non-stock corporation, shall not be transferable separately from the condominium unit of which it is an appurtenance. When a member or stockholder ceases to own a unit in the project in which the condominium corporation owns or holds the common areas, he shall automatically cease to be a member or stockholder of the condominium corporation. Sec. 11. The term of a condominium corporation shall be co-terminus with the duration of the condominium project, the provisions of the Corporation Law to the contrary notwithstanding. Sec. 12. In case of involuntary dissolution of a condominium corporation for any of the causes provided by law, the common areas owned or held by the corporation shall, by way of liquidation, be transferred pro-indiviso and in proportion to their interest in the corporation to the members or stockholders thereof, subject to the superior rights of the corporation creditors. PALEVINO, Marinet O. BS Ar. 4A Page 121
CODE STUDY ON CORPORATE BUILDING DESIGN Such transfer or conveyance shall be deemed to be a full liquidation of the interest of such members or stockholders in the corporation. After such transfer or conveyance, the provisions of this Act governing undivided co-ownership of, or undivided interest in, the common areas in condominium projects shall fully apply. Sec. 13. Until the enabling or the master deed of the project in which the condominium corporation owns or holds the common area is revoked, the corporation shall not be voluntarily dissolved through an action for dissolution under Rule 104 of the Rules of Court except upon a showing: (a) That three years after damage or destruction to the project in which the corporation owns or holds the common areas, which damage or destruction renders a material part thereof unfit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or (b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that more than thirty percent of the members of the corporation, if non-stock, or the shareholders representing more than thirty percent of the capital stock entitled to vote, if a stock corporation, are opposed to the repair or reconstruction of the project, or (c) That the project has been in existence in excess of fifty years, that it is obsolete and uneconomical, and that more than fifty percent of the members of the corporation, if non-stock, or the stockholders representing more than fifty percent of the capital stock entitled to vote, if a stock corporation, are opposed to the repair or restoration or remodeling or modernizing of the project; or (d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable, or that the members holding in aggregate more than seventy percent interest in the corporation, if non-stock, or the stockholders representing more than seventy percent of the capital stock entitled to vote, if a stock corporation, are opposed to the continuation of the condominium regime after expropriation or condemnation of a material portion thereof; or (e) That the conditions for such a dissolution set forth in the declaration of restrictions of the project in which the corporation owns of holds the common areas, have been met. Sec. 14. The condominium corporation may also be dissolved by the affirmative vote of all the stockholders or members thereof at a general or special meeting duly called for the purpose: Provided, That all the requirements of Sec. sixty-two of the Corporation Law are complied with. Sec. 15. Unless otherwise provided for in the declaration of restrictions upon voluntary dissolution of a condominium corporation in accordance with the provisions of Sections thirteen and fourteen of this Act, the corporation shall be deemed to hold a power of attorney from all the members or stockholders to sell and dispose of their separate interests in the project and liquidation of the corporation shall be effected by a sale of the entire project as if the corporation owned the whole thereof, subject to the rights of the corporate and of individual condominium creditors. PALEVINO, Marinet O. BS Ar. 4A Page 122
CODE STUDY ON CORPORATE BUILDING DESIGN Sec. 16. A condominium corporation shall not, during its existence, sell, exchange, lease or otherwise dispose of the common areas owned or held by it in the condominium project unless authorized by the affirmative vote of all the stockholders or members. Sec. 17. Any provision of the Corporation Law to the contrary notwithstanding, the by-laws of a condominium corporation shall provide that a stockholder or member shall not be entitled to demand payment of his shares or interest in those cases where such right is granted under the Corporation Law unless he consents to sell his separate interest in the project to the corporation or to any purchaser of the corporation's choice who shall also buy from the corporation the dissenting member or stockholder's interest. In case of disagreement as to price, the procedure set forth in the appropriate provision of the Corporation Law for valuation of shares shall be followed. The corporation shall have two years within which to pay for the shares or furnish a purchaser of its choice from the time of award. All expenses incurred in the liquidation of the interest of the dissenting member or stockholder shall be borne by him. Sec. 18. Upon registration of an instrument conveying a condominium, the Register of Deeds shall, upon payment of the proper fees, enter and annotate the conveyance on the certificate of title covering the land included within the project and the transferee shall be entitled to the issuance of a "condominium owner's" copy of the pertinent portion of such certificate of title. Said "condominium owner's" copy need not reproduce the ownership status or series of transactions in force or annotated with respect to other condominiums in the project. A copy of the description of the land, a brief description of the condominium conveyed, name and personal circumstances of the condominium owner would be sufficient for purposes of the "condominium owner's" copy of the certificate of title. No conveyance of condominiums or part thereof, subsequent to the original conveyance thereof from the owner of the project, shall be registered unless accompanied by a certificate of the management body of the project that such conveyance is in accordance with the provisions of the declaration of restrictions of such project. In cases of condominium projects registered under the provisions of the Spanish Mortgage Law or Act 3344, as amended, the registration of the deed of conveyance of a condominium shall be sufficient if the Register of Deeds shall keep the original or signed copy thereof, together with the certificate of the management body of the project, and return a copy of the deed of conveyance to the condominium owner duly acknowledge and stamped by the Register of Deeds in the same manner as in the case of registration of conveyances of real property under said laws. Sec. 19. Where the enabling or master deed provides that the land included within a condominium project are to be owned in common by the condominium owners therein, the Register of Deeds may, at the request of all the condominium owners and upon surrender of all their "condominium owner's" copies, cancel the certificates of title of the property and issue a new one in the name of said condominium owners as pro-indiviso co-owners thereof. Sec. 20. An assessment upon any condominium made in accordance with a duly registered declaration of restrictions shall be an obligation of the owner thereof at the time the assessment is made. The amount of any such assessment plus any other charges thereon, such as interest, costs (including attorney's fees) and penalties, as such may be provided for in the declaration of restrictions, shall be and become a lien upon the condominium assessed when the management body causes a notice of assessment to be registered with the Register of Deeds of the city or PALEVINO, Marinet O. BS Ar. 4A Page 123
CODE STUDY ON CORPORATE BUILDING DESIGN province where such condominium project is located. The notice shall state the amount of such assessment and such other charges thereon a may be authorized by the declaration of restrictions, a description of the condominium, unit against which same has been assessed, and the name of the registered owner thereof. Such notice shall be signed by an authorized representative of the management body or as otherwise provided in the declaration of restrictions. Upon payment of said assessment and charges or other satisfaction thereof, the management body shall cause to be registered a release of the lien. Such lien shall be superior to all other liens registered subsequent to the registration of said notice of assessment except real property tax liens and except that the declaration of restrictions may provide for the subordination thereof to any other liens and encumbrances. Such liens may be enforced in the same manner provided for by law for the judicial or extrajudicial foreclosure of mortgages of real property. Unless otherwise provided for in the declaration of restrictions, the management body shall have power to bid at foreclosure sale. The condominium owner shall have the same right of redemption as in cases of judicial or extrajudicial foreclosure of mortgages. Sec. 21. No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or subcontractor, shall be the basis of a lien against the condominium of any other condominium owner, unless such other owners have expressly consented to or requested the performance of such labor or furnishing of such materials or services. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs of his condominium unit. Labor performed or services or materials furnished for the common areas, if duly authorized by the management body provided for in a declaration of restrictions governing the property, shall be deemed to be performed or furnished with the express consent of each condominium owner. The owner of any condominium may remove his condominium from a lien against two or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium unit. Sec. 22. Unless otherwise provided for by the declaration of restrictions, the management body, provided for herein, may acquire and hold, for the benefit of the condominium owners, tangible and intangible personal property and may dispose of the same by sale or otherwise; and the beneficial interest in such personal property shall be owned by the condominium owners in the same proportion as their respective interests in the common areas. A transfer of a condominium shall transfer to the transferee ownership of the transferor's beneficial interest in such personal property. Sec. 23. Where, in an action for partition of a condominium project or for the dissolution of condominium corporation on the ground that the project or a material part thereof has been condemned or expropriated, the Court finds that the conditions provided for in this Act or in the declaration of restrictions have not been met, the Court may decree a reorganization of the project, declaring which portion or portions of the project shall continue as a condominium project, the owners thereof, and the respective rights of said remaining owners and the just compensation, if any, that a condominium owner may be entitled to due to deprivation of his property. Upon receipt of a copy of the decree, the Register of Deeds shall enter and annotate the same on the pertinent certificate of title. PALEVINO, Marinet O. BS Ar. 4A Page 124
CODE STUDY ON CORPORATE BUILDING DESIGN Sec. 24. Any deed, declaration or plan for a condominium project shall be liberally construed to facilitate the operation of the project, and its provisions shall be presumed to be independent and severable. Section 25. Whenever real property has been divided into condominiums, each condominium separately owned shall be separately assessed, for purposes of real property taxation and other tax purposes to the owners thereof and the tax on each such condominium shall constitute a lien solely thereon. Sec. 26. All Acts or parts of Acts in conflict or inconsistent with this Act are hereby amended insofar as condominium and its incidents are concerned. Sec. 27. This Act shall take effect upon its approval. Approved: June 18, 1966
EXHIBIT 10.5 MEMORANDUM OF AGREEMENT This Memorandum of Agreement (the "MOA") is made and executed on this 15th day of December 2003 in Makati City, Metro Manila, by and between; AYALA LAND, INC. a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with offices at (for the purposes of this MOA) the 28th Floor, Tower One and Exchange Plaza, Ayala Triangle, Ayala Avenue, Makati City, Metro Manila, represented herein by its Attorneys-in-Fact Francisco H. Licuanan III and Ma. Victoria E. Anonuevo (hereinafter referred to as "ALI") and PEOPLESUPPORT (PHILIPPINES) INC., a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with offices at 12th-14th Floors, Philamlife Tower, 8767 Paseo de Roxas, Makati City, Metro Manila, represented herein by its President, Rainerio M. Borja (hereinafter referred to as "PEOPLESUPPORT"); (ALI and PEOPLESUPPORT are hereinafter collectively referred to as the "PARTIES".) RECITALS ALI will be developing and constructing a five (5)-storey office building (the "BUILDING") along Amorsolo Street, Legaspi Village, Makati City, Metro Manila, specifically on the site delineated in ANNEX A hereof (the "SITE"). The Building will be
PALEVINO, Marinet O. BS Ar. 4A Page 125
primarily intended for the operation of a call center and/or outsource services business and will be planned to have approximately 15,805.5 square meters of leasable office space, approximately 1,270 square meters of retail space located at the ground floor of the Building, all with appurtenant parking slots, and will be in accordance with the initial plans and specifications agreed upon by the Parties and provided in ANNEX B, subject to such changes as may be mutually agreed upon by the Parties. PEOPLESUPPORT has offered to lease 15,102.50 square meters of leasable office space (the "OFFICE SPACE") from ALI, together with 147 parking slots (the "OFFICE PARKING SLOTS"), and ALI is willing to lease the Office Space and Office Parking Slots to PEOPLESUPPORT, for the purpose of operating a call center and/or to provide outsource services thereon 24 hours a day and 7 days a week and for such other general office use as PEOPLESUPPORT may deem necessary. For the purpose of providing for the commitments and undertakings of ALI and PEOPLESUPPORT in connection with the development of the Building and prior to the commencement of the lease, the Parties desire to execute this Memorandum of Agreement to govern their relationship. Page 2 Memorandum of Agreement-PeopleSupport Lease NOW THEREFORE, for and in consideration of the foregoing premises and of the terms and conditions hereinafter set forth, the Parties hereby agree as follows: SECTION 1 DEVELOPMENT OF THE BUILDING 1.1 PLANS AND SPECIFICATIONS. ALI hereby undertakes to exert its best efforts to construct the Building in accordance with the plans and specifications provided in ANNEX B, and any amendments or revisions to the same as may be agreed upon by the Parties. PEOPLESUPPORT hereby acknowledges the acceptability of the specifications under ANNEX B for the operation of a call center and/or outsource services business to cater to the requirements of PEOPLESUPPORT. It is agreed, however, that any change in ANNEX B shall require the prior written consent of PEOPLESUPPORT; provided that, PEOPLESUPPORT undertakes not to withhold its consent to any such change in the event that such change in plans and specifications are necessary to conform to or address: (a) site conditions which could not have been reasonably determined at the time of preparations of the plans and specifications; (b) requirements of law and the applicable regulation or change in law; (c) restrictions and regulations promulgated by the Makati Commercial Estate Association, Inc. ("MACEA"); or (d) change in PEOPLESUPPORT's technical and building requirements;
provided, further, that with respect to the foregoing clauses (a), (b), and (c), such change in the plans and specifications are not inconsistent with, or do not materially alter, the project brief and building design criteria agreed upon by the Parties. Any change in plans and specifications as agreed upon by the Parties shall form part of this MOA as an amendment to ANNEX B hereof. The Parties shall agree upon, finalize and sign off on the project brief, user's requirements and building design criteria as provided in Annex B not later than December 31, 2003. The Parties shall agree upon, finalize and sign off on the design development plans and specifications not later than February 15, 2004; provided that, such initial design development plans and specifications shall be submitted to PEOPLESUPPORT for approval not later than February 1, 2004. In order to ensure that the Building is built to specifications, the Parties shall meet periodically to assess the progress of the construction of the Building based on the milestones to be mutually agreed upon by the Parties. It is understood by the Parties that the milestones will be determined and agreed upon at a later time, which milestones, when agreed upon, shall be incorporated into and form part of this MOA. In addition, ALI agrees to meet with PEOPLESUPPORT at any reasonable time when so requested by the latter, for the purpose of assessing the progress of construction of the Building. Page 3 Memorandum of Agreement-PeopleSupport Lease 1.2 CONSTRUCTION AND DELIVERY. ALI shall exert its best efforts to commence construction of the Building not later than March 31, 2004. ALI shall also exert its best efforts to complete the construction of the Building by April 15, 2005 for the purpose of turning over possession of the entire Office Space to PEOPLESUPPORT not later than April 15, 2005 to allow PEOPLESUPPORT to fit-out the Office Space; provided that, ALI shall exert its best efforts to turn over possession of that portion of the Office Space in the third floor of the Building to PEOPLESUPPORT not later than February 1, 2005, and to turn over possession of that portion of the Office Space on the ground, fourth and fifth floors of the Building not later than March 1, 2005 in order to allow PEOPLESUPPORT to start fitting-out the Office Space on said floors; ALI shall endeavor to complete and turn over the common areas of the Building simultaneous with, and to cause all life-support systems of the Building (including airconditioning, elevator and elevator shaft) to be operational and in place not later than, the completion of the Building. It is agreed by the Parties that the effective turn over of the Office Space or any portion thereof shall be conditioned on the same being ready for fit-out by PEOPLESUPPORT as may be agreed upon by the Parties.
The best efforts delivery by ALI of the Office Space, whether partially or entirely, as indicated above, shall, however, be subject to the execution by the Parties of a contract of lease, the form of which shall be agreed upon by the Parties on or before February 28, 2004, and which shall in all aspects be in conformity with the terms agreed to by the Parties together with such other changes as negotiated and further agreed upon by the Parties (the "CONTRACT OF LEASE") pursuant to Section 2.3 hereof. The Contract of Lease as agreed upon by the Parties shall likewise form part of this MOA. For the purpose of advising PEOPLESUPPORT of the date of completion of construction of the Building and/or of informing PEOPLESUPPORT that the Office Space (or any portion thereof) is ready for fit-out, ALI shall notify PEOPLESUPPORT in writing of the readiness of the Office Space (or any portion thereof) for delivery (the "NOTICE OF DELIVERY"). 1.3 TENANT FIT-OUT PERIOD. PEOPLESUPPORT shall be entitled to a tenant fit-out period of six (6) months for that portion of the Office Space located on the third floor which shall be turned over by ALI to PEOPLESUPPORT earliest, commencing on the later of: (a) the signing of the Contract of Lease by the Parties; or (b) receipt by PEOPLESUPPORT of the first Notice of Delivery. PEOPLESUPPORT shall be entitled to a tenant fit-out period of five (5) months for the Office Space located on the other floors which shall be subsequently turned over by ALI to PEOPLESUPPORT commencing upon the receipt by PEOPLESUPPORT of the Notice of Delivery for the Office Space on said floors. It is agreed by the Parties that PEOPLESUPPORT shall not be liable to pay rent during the aforesaid tenant fit-out period; provided, that for the period commencing from the turn-over of possession of the portion of the Office Space in the third floor of the Building up to the date prior to the completion of the Building, PEOPLSUPPORT shall be liable to pay common area dues of [Php]58.00 per square meter per month based on the Page 4 Memorandum of Agreement-PeopleSupport Lease aggregate area of the Office Space actually turned over to PEOPLESUPPORT as of the relevant month. Upon turnover by ALI of the Office Space or any portion thereof, and during the tenant fit-out period prior to the completion of the Building: (a) ALI shall provide water and electric connection and other utility services sufficient to allow PEOPLESUPPORT to fit out that portion of the Office Space so turned over, and (b) ALI, its contractors and personnel shall be allowed access to the restrooms and other areas of the Office Space which have been turned over to PEOPLESUPPORT; provided,
however, that ALI, its contractors, employees and agents shall not interfere with the fit-out of the Office Space subject to the further condition that the fit-out by PEOPLESUPPORT is in accordance with the approved fit-out plans. During the tenant fit-out period, PEOPLESUPPORT shall pay for the costs of electric power and water consumed by PEOPLESUPPORT and consumed in the Office Space or the portion thereof occupied by or turned over to PEOPLESUPPORT. Commencing on the date of completion of the Building and turnover of the Office Space for fit-out, until the Lease Commencement Date, PEOPLESUPPORT shall be liable to pay: (a) common area dues of [Php]68.00 per square meter per month; and (b) air-conditioning charges in the amount of [Php]98.00 per square meter per month, both based on the area occupied by the Office Space. Commencing on the date of completion of the Building and turn-over of the Leased Premises, PEOPLESUPPORT shall be responsible for the maintenance and cleaning of all the restrooms located in the ground, second, third, fourth and fifth floors of the Building, which are exclusively dedicated to the use of PEOPLESUPPORT, its employees, representatives, agents and guests. For this purpose, PEOPLESUPPORT shall require the regular cleaning thereof at least four (4) times for every regular eight (8) hour shifts; and shall maintain the finish of the walls, normal wear and tear excepted. At least thirty (30) days prior to the commencement of the fit-out of the Office Space or any portion thereof, PEOPLESUPPORT shall submit to ALI the architectural, engineering, conceptual plans and specifications for ALI's approval. PEOPLESUPPORT shall not make any alteration, addition or improvement within the Office Space, the Office Parking Slots, or in any of the common areas, without the prior written consent of ALI, and then subject to such reasonable terms and conditions as may be imposed by ALI. The review and approval by ALI of the fit-out plans and the architectural, engineering, conceptual plans and specifications shall not be unreasonably withheld or delayed. ALI shall complete the review of the architectural, engineering, conceptual plans and specifications within fifteen (15) days from PEOPLESUPPORT's submission thereof. The approval by ALI of such plans shall in no event relieve PEOPLESUPPORT from the responsibility of obtaining all the necessary permits and licenses or from paying the necessary taxes, insurance premium or fees as shall be necessary or appropriate in connection therewith. PEOPLESUPPORT shall give all the notices required and shall comply with all ordinances, rules and regulations issued by Page 5 Memorandum of Agreement-PeopleSupport Lease
governmental agencies and public utility companies having jurisdiction over the same. For purposes hereof, PEOPLESUPPORT shall cause to be submitted to ALI the cash bond as required by Section 1.4 hereof prior to the start of the fit-out. 1.4 CONSTRUCTION BOND. Within seven (7) days prior to any construction, fit-out or renovation in the Office Space or any portion thereof, PEOPLESUPPORT shall cause its Contractor to submit a cash construction bond equivalent to one (1) month's rent in effect at the time the construction is to be undertaken by PEOPLESUPPORT's Contractor to answer and stand as security for the repair or reconstruction of any damage caused to the property of ALI or of any tenant or occupant in the Building arising out of or in connection with the fault or negligence of PEOPLESUPPORT's Contractor, suppliers or workers undertaking such construction, fit-out or renovation or the failure of PEOPLESUPPORT's Contractor to comply with the Construction Guidelines and House Rules, and all other reasonable requirements prescribed by ALI prior to the commencement of such construction, fit-out or renovation work for the performance of such construction, fit-out or renovation work. It is agreed by the Parties that the construction bond to be posted shall be proportional to the amount of space actually turned over and based on the amount of [Php]6,214,550.00 for the entire Office Space. Upon complete turn over of the entire Office Space, the value of the construction bond provided by PEOPLESUPPORT's Contractor should have been increased so as to amount to [Php]6,214,550.00. The construction bond shall be returned to PEOPLESUPPORT's Contractor without interest after the completion of the construction, fit-out or renovation work, less any construction-related charges, if any, due to ALI or any tenant or occupant of the Building, as proper, arising in connection with any damage caused by the fault or negligence of PEOPLESUPPORT's Contractor, suppliers or workers or its or their breach of the Construction Guidelines and House Rules, and all other written requirements prescribed by ALI, subject to PEOPLESUPPORT's Contractor's compliance with all the conditions specified for the return of the bond under the Construction Guidelines and House Rules. 1.5 NAME OF BUILDING. ALI shall grant PEOPLESUPPORT the naming rights to the Building; provided that, PEOPLESUPPORT shall inform ALI in writing of the name chosen for the Building at least 30 days prior to the use thereof by PEOPLESUPPORT; provided, further, that the naming rights shall revert to ALI: (1) upon the expiration of the Contract of Lease; or (2) in the event that PEOPLESUPPORT pre-terminates the lease for more than half of the Office Space, resulting in PEOPLESUPPORT leasing less than 7,902.75 square meters of office space. However, notwithstanding the loss of naming rights, PEOPLESUPPORT shall be entitled to put up signs that identify its offices in the Building, subject to compliance with the restrictions in Section 1.6 and the provisions of the Contract of Lease.
Page 6 Memorandum of Agreement-PeopleSupport Lease During the construction of the Building, PEOPLESUPPORT shall be allowed to put up signs or paint the perimeter wall of the construction site with signs essentially stating "On this site will soon rise the PEOPLESUPPORT CENTER", and other relevant information like web site and mail addresses, subject to compliance with the restrictions in Section 1.6 and such other reasonable requirements as may be imposed by ALI. 1.6 RESTRICTIONS. ALI warrants that, in the construction of the Building, it shall comply with all the requirements and restrictions as embodied in: (1) the Consolidated and Revised Deed Restrictions for Ayala North, Ayala South, Ayala Triangle, Roxas Triangle, Salcedo Village, Legazpi Village, Buendia Extension, Apartment Ridge (Ayala Avenue) and Apartment Ridge Extension (Makati Avenue), as may be amended from time to time; (2) Makati City Zoning Ordinance No. 2000-078, as may be amended from time to time; (3) Makati City Comprehensive Land Use Plan, as may be amended from time to time; and (4) the National Building Code of the Philippines, as the same may be amended from time to time. PEOPLESUPPORT warrants that it shall comply with the requirements and restrictions, relating to the use and operation of the Leased Premises, as embodied in: (1) the Consolidated and Revised Deed Restrictions for Ayala North, Ayala South, Ayala Triangle, Roxas Triangle, Salcedo Village, Legazpi Village, Buendia Extension, Apartment Ridge (Ayala Avenue) and Apartment Ridge Extension (Makati Avenue), as may be amended from time to time; (2) Makati City Zoning Ordinance No. 2000-078, as may be amended from time to time; (3) Makati City Comprehensive Land Use Plan, as may be amended from time to time; and (4) the National Building Code of the Philippines, as the same may be amended from time to time. SECTION 2 LEASE OF THE OFFICE SPACE 2.1 LEASE TERM. The lease shall commence on August 1, 2005, unless another date is mutually agreed upon by the Parties, (the "LEASE COMMENCEMENT DATE"), and shall terminate on July 31, 2015, unless otherwise extended in accordance with Section 2.4 (the "LEASE TERM"). 2.2 APPROVALS. Prior to February 1, 2005, ALI shall obtain the approvals for the accreditation by the Philippine Economic Zone Authority (PEZA) of the Building as an "information technology (IT) building".
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2.3 CONTRACT OF LEASE. On or before January 15, 2005, ALI and PEOPLESUPPORT shall execute the Contract of Lease which shall include the following terms: Page 7 Memorandum of Agreement-PeopleSupport Lease (a) The Lease Term shall be for a period of ten (10) years, commencing on August 1, 2005, and ending on July 31, 2015, unless otherwise extended by the Parties in accordance with the principles and terms set forth in this MOA. (b) PEOPLESUPPORT shall lease the Office Space, consisting of 15,102.50 square meters of leasable office space in the Building, broken down as follows at the following monthly rental rates for the first year of the Lease Term:
Monthly lease rate Location Area per square meter ------------------------------------------------------------------------------Ground Floor 1,157.00 square meters [Php] 550.00 Third Floor 4,648.50 square meters [Php] 400.00 Fourth Floor 4,648.50 square meters [Php] 400.00 Fifth Floor 4,648.50 square meters [Php] 400.00
In consideration of its lease of the Office Space, PEOPLESUPPORT shall pay a total monthly rental of [Php]6,214,550.00 for the period from the Lease Commencement up to the day prior to the first anniversary of the Lease Commencement Date. The rent shall be liquidated and paid in the manner provided in the Contract of Lease. (c) The rental rate for the succeeding four (4) years shall be increased at the following rates per annum over the then-prevailing monthly rental rate:
Period Covered Rate Increase ------------------------------------------------------------------------------------From To ------------------------------------------------------------------------------------Year 2 First anniversary of the Day prior to second 5% Lease Commencement Date anniversary of the Lease Commencement Date Year 3 Second anniversary of the Day prior to third Lease Commencement Date anniversary of the Lease Commencement Date 5%
Year 4 Third anniversary of the Day prior to fourth 9% Lease Commencement Date anniversary of the Lease Commencement Date
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Year 5 Fourth anniversary of the Day prior to fifth 9% Lease Commencement Date anniversary of the Lease Commencement Date
The monthly rent due for the year commencing on the fifth anniversary of the Lease Commencement Date up to the day prior to the sixth anniversary of the Lease Commencement Date shall be computed as follows: (i) in the event that the then prevailing monthly market rental rate (computed per square meter) of office units at the Makati Stock Exchange Building is higher than the then prevailing monthly rental rate (computed per square meter) of the Office Space, the monthly rent at year 6 shall be equal to the lower of: (1) the then Page 8 Memorandum of Agreement-PeopleSupport Lease prevailing monthly market lease rate of office spaces at the Makati Stock Exchange Building; or (2) the amount which is equal to the then prevailing monthly lease rate for the Office Space plus ten percent (10%) thereof; or (ii) in the event that the then prevailing monthly market rental rate (computed per square meter) of office units at the Makati Stock Exchange Building is lower than the then prevailing monthly rental rate (computed per square meter) of the Office Space, the monthly rent shall be the higher of: (1) the then prevailing monthly market lease rate of office spaces at the Makati Stock Exchange Building; or (2) the amount which is equal to the then prevailing lease rate for the Leased Premises less ten percent (10%) thereof. For this purpose, not later than sixty (60) days prior to the fifth anniversary of the Lease Commencement Date, the Parties shall appoint a mutually acceptable independent property consultant to determine the prevailing market lease rate of office spaces at the Makati Stock Exchange Building. The monthly rental rate for the remainder of the Lease Term shall be increased at the following rates per annum over the then-prevailing monthly rental rate:
Period Covered Rate Increase ---------------------------------------------------------------------------------------From To ---------------------------------------------------------------------------------------Year 7 Sixth anniversary of the Day prior to the seventh Lease Commencement Date anniversary of the Lease Commencement Date Year 8 Seventh anniversary of the Day prior to the eight Lease Commencement Date anniversary of the Lease Commencement Date
5%
5%
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Year 9 Eighth anniversary of the Day prior to the ninth Lease Commencement Date anniversary of the Lease Commencement Date Year 10 Ninth anniversary of the Lease Commencement Date Expiration of the Lease Term
9%
9%
(d) For the duration of the Lease Term, PEOPLESUPPORT shall be allowed to utilize the ground floor lobby (with an area of approximately 247.5 square meters) and the storage space at the 2nd floor (with an area of approximately 168.91 square meters), of the Building; provided, however, that in the event of pre-termination by PEOPLESUPPORT of the lease of the Office Space on the ground floor of the Building, PEOPLESUPPORT shall no longer be allowed to utilize the ground floor lobby and the storage space. No additional rent shall be chargeable for the use of such space. (e) For the duration of the Lease Term, PEOPLESUPPORT shall lease the Office Parking Slots designated in Annex B (the Office Space and the Office Parking Slots are collectively referred, to as the "LEASED Page 9 Memorandum of Agreement-PeopleSupport Lease PREMISES"). In consideration of its lease of the Office Parking Slots, PEOPLESUPPORT shall pay a monthly rental of [Php]1,900.00 for each parking slot per month, or an aggregate amount of [Php]279,300.00 per month during the first year of the Lease Term. The monthly rental for the Office Parking Slots shall be paid and liquidated in the same manner as the monthly rental for the Office Space as provided in the Contract of Lease. The monthly rental rate herein stated shall be subject to an annual escalation at the rate of 5%. (f) Beginning on the Lease Commencement Date, and in addition to the payment of rental and other amounts due under the Contract of Lease, PEOPLESUPPORT shall pay to ALI on or before the date specified in the statement of account, the monthly common area charges, which shall be at a monthly rate based on the area of the Office Space. The common area charges for the first year of the Lease Term shall be [Php]68.00 per square meter of the Office Space per month. The rate or the amount of common area charges shall be increased annually at the rate of 9% per annum over the current monthly rate of common area charges. (g) Beginning on Lease Commencement Date, the LESSEE shall pay for the cost of water consumption in the Leased Premises and in the comfort rooms in the Building
designated for the exclusive use of PEOPLESUPPORT, its clients, guests, customers or employees (i.e., the comfort rooms in the ground, second, third, fourth and fifth floors) at a monthly rate per square meter of the Leased Premises as provided in the Contract of Lease. (h) PEOPLESUPPORT shall pay and discharge all charges for supplying electrical power to the Leased Premises at the same rates charged by the Manila Electric Company to its concessionaires (as may be adjusted from time to time) based on the number of kilowatts consumed by the Leased Premises as evidenced by the sub-meter separately provided by PEOPLESUPPORT for electric consumption within the Leased Premises. Billings for electric consumption shall be sent to PEOPLESUPPORT on a monthly basis. (i) PEOPLESUPPORT shall reimburse ALI for the actual out-of-pocket cost of providing additional pest control services for the Leased Premises when such services may be warranted in ALI's opinion; provided, that the need for such additional pest control services is not attributable to the acts or omissions of persons other than PEOPLESUPPORT, its employees, agents, representatives, customers, clients and guests (j) PEOPLESUPPORT shall pay and discharge all charges for supplying emergency power to the Leased Premises, the need for which arises due to occurrences beyond ALI's control, at a reasonable rate to be determined by ALI. Such rate may be adjusted as and when the cost of diesel fuel increases. Billings and all supporting records of Page 10 Memorandum of Agreement-PeopleSupport Lease emergency power consumption shall be sent to PEOPLESUPPORT on a monthly basis. (k) PEOPLESUPPORT shall pay and discharge all deposits and charges for telephone, facsimile, telecommunications and other public services or utilities consumed or supplied to the Leased Premises; provided that with respect to the public utilities and services covered by the previous sections, the liability of PEOPLESUPPORT with respect to the supply and consumption of these services shall be respectively governed by these sections or by the Contract of Lease. (l) Beginning on Lease Commencement Date, PEOPLESUPPORT shall be responsible for the maintenance and cleaning of all the restrooms located in the ground, second, third, fourth, and fifth floors of the Building, which are exclusively dedicated to the use of PEOPLESUPPORT, its employees, representatives, agents and guests. For this purpose, PEOPLESUPPORT shall require the regular cleaning thereof at least four (4)
times for every regular eight (8) hour shifts; and shall maintain the finish of the walls, normal wear and tear excepted. (m) On or before the due dates specified in this MOA and in the Contract of Lease, PEOPLESUPPORT shall pay advance rent in the amount of [Php]18,643,650.00 for the Office Space and [Php]837,900.00 for the Office Parking Slots for the first year of the Lease Term. The amount of advance rental shall at all times be maintained at an amount equivalent to three (3) months' rent at the prevailing rates, and shall be increased correspondingly as the rental rates increase. This payment shall be applied against the rent due for the last three (3) months of the Lease Term. (n) On or before the due dates specified in this MOA and in the Contract of Lease, PEOPLESUPPORT shall provide ALI with a security deposit to be paid in cash or in check in an amount equivalent to three (3) months' rental for the Leased Premises to answer and stand as security for the proper and due performance of all of PEOPLESUPPORT's obligations under the Contract of Lease (the "SECURITY DEPOSIT"). The Security Deposit shall be in the amount of [Php]18,643,650.00 for the Office Space and [Php]837,900.00 for the Office Parking Slots for the duration of the lease. The Security Deposit shall remain fixed and shall not be subject to escalation for the duration of the Lease Term. The Security Deposit shall be returned to PEOPLESUPPORT, without interest, within two (2) months from the date PEOPLESUPPORT has completely and satisfactorily vacated and delivered the Leased Premises to ALI, less whatever amounts PEOPLESUPPORT may owe ALI or which ALI may apply against the Security Deposit as provided under the Contract of Lease. ALI shall, notwithstanding the return of the Leased Premises to ALI by PEOPLESUPPORT, have the right to withhold any portion of the Security Deposit until ALI shall have Page 11 Memorandum of Agreement-PeopleSupport Lease received statements of account from utility companies supplying telephone, water, electric power or public utility services to the Leased Premises, covering the period ending on the date PEOPLESUPPORT shall have completely vacated and delivered the Leased Premises to ALI. The amount withheld shall answer for the payment of such statements of account and the balance thereof remaining with ALI, after such payment, shall be returned to PEOPLESUPPORT without interest. Likewise, should PEOPLESUPPORT have any other obligation which remains due and unpaid under any other contract with ALI, ALI shall have the right to apply the amount of these unpaid
obligations against the Security Deposit in settlement thereto upon the termination of the lease. The Security Deposit shall be forfeited in favor of ALI upon the occurrence of the events enumerated in the Contract of Lease for the forfeiture of the additional security. (o) Beginning on the Lease Commencement Date, and in addition to the payment of rental and other amounts due hereunder, PEOPLESUPPORT shall pay to ALI the cost of providing air-conditioning for the Office Space. The air-conditioning charges shall be at a monthly rate per square meter of the leasable area occupied by the Office Space. For the first year of the lease, PEOPLESUPPORT shall be liable to pay air-conditioning charges in the amount of [Php]98.00 per square meter of the Office Space per month. The rate or the amount of air-conditioning charges shall be increased periodically by either (i) an increase in utility/service charges imposed by the Manila Electric Company or any successor company or service agency responsible for providing or supplying the utility or service to the Leased Premises, or (ii) annually at the rate of 5% per annum over the current monthly rate of airconditioning charges, whichever amount is higher. It is agreed that ALI shall provide PEOPLESUPPORT with the option to shut off the air-conditioning per floor depending on the demands of PEOPLESUPPORT; provided that PEOPLESUPPORT shall give prior notice to ALI of the need to shut off the airconditioning. The Office Space shall be supplied with air-conditioning 24 hours a day, seven (7) days a week with a maximum air-conditioning system capacity of 940 tons of refrigeration; provided that, in compliance with PEOPLESUPPORT's requirements, the airconditioning system shall be running at 79% capacity, which is equivalent to 743 tons of refrigeration ("TR"), from 8 a.m. of any day to 6 p.m. of the same day. (p) PEOPLESUPPORT may sub-lease all or any part of the Leased Premises; provided that, prior to entering into any sub-lease arrangement, PEOPLESUPPORT shall obtain ALI's prior written consent, which consent shall not be unreasonably withheld or delayed, for such sub-lessee and for the terms and conditions for such sub-lease; provided further that, the contract of sub-lease shall be subject to all Page 12 Memorandum of Agreement-PeopleSupport Lease the terms and conditions of the Contract of Lease and PEOPLESUPPORT shall remain responsible for complying with and ensuring the sub-lessee's compliance with the terms of the Contract of Lease. In no case shall the use or occupancy of the Leased Premises or any area covered by the sub-lease contract be contrary to the use and
occupancy of the Leased Premises as required by the Contract of Lease, nor shall any undertaking of any sub-lessee under a sub-lease contract impair or be detrimental to the exercise by ALI of any of its rights under the Contract of Lease. ALI reserves the right to determine the need to execute, and once such determination has been made, PEOPLESUPPORT shall so ensure the execution of, a tripartite agreement among ALI, PEOPLESUPPORT and the sub-lessee under which the sub-lessee shall have direct rental obligations to ALI. ALI shall also determine the direct rental to be paid to ALI by a sub-lessee and shall have the option to require that the rent due from the sublessee be based on the same rates applied to PEOPLESUPPORT or be determined on the same basis specified hereunder. PEOPLESUPPORT undertakes to inform its sublessees of all terms and conditions of the Contract of Lease, including the necessity of a tripartite agreement if so required by ALI. All sub-lease contracts shall contain a reference to and shall not be inconsistent with the Contract of Lease. Moreover, PEOPLESUPPORT shall stipulate in all of its sub-lease contracts the right of ALI to require PEOPLESUPPORT to cancel the sub-lease and/or tripartite agreement without need of any court action in the event of breach of the terms and conditions of the sub-lease and Contract of Lease. PEOPLESUPPORT shall have the right to sub-lease any portion of the Leased Premises to any of its affiliate companies without need for obtaining ALI's written consent; provided that, prior written notice is given to ALI of such sub-lease arrangement; provided further that, all other terms and conditions as provided in the immediately preceding paragraph shall apply to the sub-lease to PEOPLESUPPORT's affiliate company. In addition, PEOPLESUPPORT shall have the right to allow the use, by any affiliate company of PEOPLESUPPORT, of the Leased Premises without need for the Parties to enter into a sub-lease arrangement; provided that, prior written notice is given to ALI of such intent to allow use by PEOPLESUPPORT's affiliate company. For this purpose, "affiliate" means any corporation, partnership or other form of association which is (i) owned or Controlled, directly or indirectly, by PEOPLESUPPORT, or (ii) directly or indirectly Controlling PEOPLESUPPORT, or (iii) Controlled by or under Common Control, directly or indirectly, with PEOPLESUPPORT. In turn, "Control" (including with correlative meanings, the terms "Controlling", "Controlled by" and "under Common Control") means the power to direct or cause the direction of the management and policies of any corporation, partnership or other form of association, Page 13 Memorandum of Agreement-PeopleSupport Lease
whether through the ownership of voting stock or by contract or otherwise. (q) The provisions of this MOA governing the option to extend the Lease Term under Section 2.4 shall be adopted in the Contract of Lease. (r) In no event shall PEOPLESUPPORT pre-terminate the lease for the period from the Lease Commencement Date up to the day prior to the third anniversary of the Lease Commencement Date. Commencing on the third anniversary of the Lease Commencement Date, PEOPLESUPPORT may pre-terminate the lease subject to the occurrence of all of the following conditions: 1. PEOPLESUPPORT shall provide ALI a written notice of pre-termination at least nine (9) months prior to the effective date of termination; 2. PEOPLESUPPORT shall be liable for a penalty in an amount equivalent to three (3) months' rent based on the prevailing rate; 3. Prior to the pre-termination of the lease, PEOPLESUPPORT shall have vacated all of the other spaces leased by PEOPLESUPPORT in Metro Manila; and 4. PEOPLESUPPORT shall not enter into any new leases in Metro Manila within a period of one (1) year after the effective date of pre-termination of the lease; provided that, PEOPLESUPPORT may only enter into a new lease in Metro Manila within the said period in the event that there is no available office space for lease in the Building. Starting with the 6th year of the Lease Term, PEOPLESUPPORT may pre-terminate the lease subject to the occurrence of all of the following conditions: 1. PEOPLESUPPORT shall provide ALI a written notice of pre-termination at least six (6) months prior to the effective date of termination; and 2. PEOPLESUPPORT shall be liable for a penalty in an amount equivalent to three (3) months' rent based on the prevailing rate. In the event that the Parties agree to an extension of the lease term, PEOPLESUPPORT may pre-terminate the lease at any time during the Page 14 Memorandum of Agreement-PeopleSupport Lease
extended Lease Term by providing ALI a written notice of pre-teimination at least six (6) months prior to the effective date of termination of the Contract of Lease. ALI shall likewise have the right to pre-terminate the lease during the extended Lease Term by providing PEOPLESUPPORT written notice of pre-termination at least twenty four (24) months prior to the effective date of termination, only on the following grounds: (1) ALI shall decide to demolish the Building (or any portion thereof) and establish a new structure on the Site, or (2) ALI shall decide to sell the Site; provided that, in the event that ALI shall have obtained a firm offer to buy the Site from a third party, PEOPLESUPPORT shall be given the right of first refusal on the same; provided further, that, the terms of the right of first refusal shall be agreed upon by the Parties. In the event that ALI is not able to sell the Site before the effective date of termination of the Contract of Lease, the Parties shall discuss and negotiate on the possibility of extending the lease further on a year-to-year basis, subject to the same terms and conditions as the Contract of Lease. In the event of pre-termination by PEOPLESUPPORT of the lease over the Office Space or a portion thereof, ALI shall be free to lease the Office Space or any portion thereof the lease of which has been vacated by PEOPLESUPPORT to any prospective tenant, provided however, that in the event that PEOPLESUPPORT shall pre-terminate the lease over only a portion of the Office Space, ALI shall not lease the portion vacated by PEOPLESUPPORT to those enumerated in the list attached hereto as ANNEX C while PEOPLESUPPORT continues to occupy any portion of the Office Space as tenant. It is understood by the Parties that the list in Annex C may be updated or amended by PEOPLESUPPORT from time to time, by providing prior written notice to ALI of any such update or amendment. In the event of pre-termination by PEOPLESUPPORT of the Contract of Lease over the entire Office Space, ALI shall be free to lease the Office Space to any prospective tenant, without any prohibition. (s) Notwithstanding the provision on pre-termination in Section 2.3(r) above, commencing on the third anniversary of the Lease Commencement Date, in the event of a downturn in the operation of PEOPLESUPPORT, it shall be entitled to partially reduce the area of the Leased Premises by floors subject to the same conditions as specified in Section 2.3 (r), second paragraph, governing the pre-termination of the lease commencing from the third anniversary of the Contract of Lease. (t) If the Leased Premises are totally destroyed or rendered totally unfit for the use intended by PEOPLESUPPORT, without any fault or omission of PEOPLESUPPORT, then either Party shall have the right to rescind this Contract of Lease by written notice sent to the other parry without need of any judicial action, and all deposits and rentals paid for the unexpired portion of the lease shall be returned to PEOPLESUPPORT within a reasonable period, without interest.
Page 15 Memorandum of Agreement-PeopleSupport Lease In the event of a partial destruction of the Leased Premises, as mutually determined by the Parties, PEOPLESUPPORT may choose between a proportional reduction of the rent and the termination of the Contract of Lease. It shall be the duty of ALI to repair at its expense, within a reasonable time as agreed upon by the Parties, any damage to the Leased Premises arising without the fault or omission of PEOPLESUPPORT, and to render the same fit for the use intended by PEOPLESUPPORT. 2.4 OPTION TO EXTEND LEASE TERM. At the beginning of the ninth year of the Lease Term, ALI shall inform PEOPLESUPPORT in writing of whether or not it shall grant PEOPLESUPPORT the option to extend the Lease Term for another period of five (5) years. In turn, if PEOPLESUPPORT is granted the option to extend the Lease Term, PEOPLESUPPORT shall inform ALI in writing not less than six (6) months before the end of the initial Lease Term whether or not PEOPLESUPPORT shall exercise its option to extend the Lease Term by another period of five (5) years; provided that, any extension of the Lease Term shall be under the same terms and conditions as the Contract of Lease. In the event that the Parties agree to extend the Lease Term for another period of five (5) years, the Parties shall conduct a rent review to determine the monthly rent due for the first year of the renewed term; provided that the rent due for the first year of the renewed term shall be based on the average prevailing market lease rate of comparable ALI-owned buildings in Makati (e.g. Makati Stock Exchange Building); provided further that any increase or decrease in the rent due for the first year of the renewed term shall not exceed 10% of the rent in the last year of the Lease Term; provided further that the rental rate for the next four years of the renewed term shall be increased at the following rates per annum over the then-prevailing monthly rental rate:
Period Covered Rate Increase -------------------------------------------------------------------------------------From To -------------------------------------------------------------------------------------Year 12 Eleventh anniversary of the Day prior to the twelfth Lease Commencement Date anniversary of the Lease Commencement Date Year 13 Twelfth anniversary of the Day prior to the thirteenth Lease Commencement Date anniversary of the Lease Commencement Date
5%
5%
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Year 14 Thirteenth anniversary of the Day prior to the fourteenth Lease Commencement Date anniversary of the Lease Commencement Date Year 15 Fourteenth anniversary of the Expiration of the Lease Lease Commencement Date Term 9%
9%
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Memorandum of Agreement-PeopleSupport Lease However, in the event that the monthly rent due for the last year of the Lease Term based on the escalation rates herein specified is higher by more than ten percent (10%) than the prevailing market monthly lease rate of comparable ALI-owned buildings in Makati (e.g. Makati Stock Exchange), as determined by an third-party property consultant acceptable to both Parties, then the monthly rental rates for the extended Lease Term shall be adjusted as follows:
Period Covered Rate Adjustment -------------------------------------------------------------------------------------From To -------------------------------------------------------------------------------------Year 11 Tenth anniversary of the Day prior to the Decrease by Lease Commencement Date eleventh anniversary of 10% the Lease Commencement Date Year 12 Eleventh anniversary of the Day prior to the Lease Commencement Date twelfth anniversary of the Lease Commencement Date Decrease by 5%
Year 13 Twelfth anniversary of the Day prior to the Increase by Lease Commencement Date thirteenth anniversary 5% of the Lease Commencement Date Year 14 Thirteenth anniversary of the Day prior to the Lease Commencement Date fourteenth anniversary of the Lease Commencement Date Year 15 Fourteenth anniversary of Expiration of the Lease the Lease Commencement Term 9% Date Increase by 9%
Increase by
2.5 PAYMENTS. PEOPLESUPPORT shall pay ALI the following amounts on the dates specified herein: (a) The advance rent in an amount equivalent to three (3) months' rent for both the Office Space and the Office Parking Slots, based on the monthly rental rates prevailing for the first year of the Lease Term, in the aggregate amounts of
[Php]18,643,650.00 for the Office Space and [Php]837,900.00 for the Office Parking Slots, shall be paid in three equal installments as follows: 1. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid through a manager's check within seven (7) days from the signing of this MOA; 2. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid upon the start of construction of the Building which shall be the date of groundbreaking; provided that ALI shall notify PEOPLESUPPORT in writing of the date of Page 17 Memorandum of Agreement-PeopleSupport Lease groundbreaking and the due date for payment of the second installment on the advance rental; and 3. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid in September 2004 or six (6) months from the start of construction, whichever is earlier; provided that ALI shall notify PEOPLESUPPORT in writing of the date on which the third installment on the advance rental shall be due. The aggregate amount of the foregoing payments shall be applied as rent for the last three (3) months of the Lease Term. The amount of advance rental shall at all times be maintained at an amount equivalent to three (3) months' rent at the prevailing rates, and shall be increased correspondingly as the rental rates increase. (b) The Security Deposit in an amount equivalent to three (3) months' rent for both the Office Space and the Office Parking Slot, based on the monthly rental rates prevailing for the first year of the Lease Term, in the aggregate amounts of [Php]18,643,650.00 for the Office Space and [Php]837,900.00 for the Office Parking Slots, shall be paid in three (3) equal installments as follows: 1. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid upon turn-over of possession of the Office Space but in no case earlier than April 15, 2005; 2. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid on May 15, 2005; and
3. [Php]6,214,550.00 for the Office Space and [Php]279,300.00 for the Office Parking Slots shall be paid on June 15, 2005. The Security Deposit shall remain fixed and shall not be subject to escalation for the duration of the Lease Term. SECTION 3 TERMINATION 3.1 FAILURE TO COMPLETE CONSTRUCTION. In the event that ALI is unable to complete the construction of the Building and turn over the Office Space to PEOPLESUPPORT by April 15, 2005 due to causes directly attributable to ALI or its designated Contractor (which shall, for the avoidance of doubt, exclude events constituting force majeure, acts of government and other events occurring during construction which are beyond the control of ALI, or events not due to ALI's acts which cause the non-compliance by ALI of its undertakings), PEOPLESUPPORT shall have the right either to compel the Page 18 Memorandum of Agreement-PeopleSupport Lease performance by ALI to complete the construction of the Building or, upon prior written notice to ALI, rescind this MOA and the Contract Of Lease. In case of rescission of this MOA and the Contract of Lease to be entered into by the Parties, by PEOPLESUPPORT, ALI shall have the obligation to return to PEOPLESUPPORT any and all payments made by PEOPLESUPPORT to ALI as of the date of rescission, without interest. The foregoing paragraph and the right of PEOPLESUPPORT to rescind this MOA and the Contract of Lease due to ALI's failure to complete the construction of the Building by April 15, 2005 shall only apply when all of the following conditions are met: (1) the Parties have agreed upon, finalized and signed off on the project brief, user's requirements and building design criteria not later than December 31, 2003; and (2) the Parties have agreed upon, finalized and signed off on the design development plans and specifications not later than February 15, 2004. In the event that PEOPLESUPPORT shall exercise its right to compel the performance by ALI to complete the construction of the Building, the effectivity date of the lease and the Lease Commencement Date shall be deferred to a date agreed upon by the Parties. In addition to the foregoing rights of PEOPLESUPPORT to seek a rescission of the MOA and the Contract of Lease or to require specific performance by ALI to complete the
construction of the Building, PEOPLESUPPORT shall be entitled to damages from ALI. It is agreed that the liability of ALI for damages shall be limited to the payment by ALI of the following amounts, at the option of ALI: (a) The difference between the monthly rent agreed upon by the Parties herein and the monthly rent actually paid by PEOPLESUPPORT, both to be computed for the period commencing on August 1, 2005 and ending on the date on which PEOPLESUPPORT shall have completed the tenant fit-out on the Office Space as provided in Section 1.3, subject to the following conditions: (i) ALI shall only be liable for such rate differential for a period not exceeding six (6) months; (ii) ALI shall only be liable for an amount not exceeding [Php]4,637,290.50 per month; and (iii) In any event, ALI's liability shall be limited to [Php]27,823,743.00. (b) To provide PEOPLESUPPORT with office space in a building of similar class to the Building, in a location within Makati City, with an area as may be required by PEOPLESUPPORT at that time, which PEOPLESUPPORT may lease temporarily, subject to such terms and conditions as may be agreed upon by the Parties, provided that, in no event shall ALI be liable to pay or assume rent and other charges for such office space for more than [Php]4,637,290.50 per month for a period Page 19 Memorandum of Agreement-PeopleSupport Lease not exceeding six (6) months or a maximum total amount of [Php]27,823,743.00. In the event that ALI shall opt to provide PEOPLESUPPORT with a substitute office space for temporary lease, the following conditions shall apply: (i) The temporary office space shall have an area as may be required by PEOPLESUPPORT at that time; (ii) PEOPLESUPPORT may lease and occupy the temporary office space for the period commencing on August 1, 2005 and ending on the date on which PEOPLESUPPORT shall have completed the fit-out of the Office Space in the Building, as provided in Section 1.3 hereof;
(iii) ALI and PEOPLESUPPORT shall jointly execute a contract of lease for the temporary lease of this office space with the relevant lessor; and (iv) ALI's liability shall be limited to a maximum total amount of [Php]27,823,743.00 or [Php]4,637,290.50 per month for a period not exceeding six (6) months. At least six (6) months before February 1, 2005, ALI shall notify PEOPLESUPPORT in writing as to whether or not it shall be able to complete the construction of the Building by April 15, 2005. It is further agreed by the Parties that such limited liability shall only apply to instances of failure to deliver the Building or the Leased Premises that are not intentional. However, if it is proven that such failure to deliver is intentional, ALI shall be liable for all actual and consequent damages that PEOPLESUPPORT shall actually incur. 3.2 NON-COMPLIANCE WITH UNDERTAKINGS. The failure by PEOPLESUPPORT to perform any of its undertakings under this MOA (other than due to force majeure or events not due to PEOPLESUPPORT's acts or fault, or due to events beyond the control of PEOPLESUPPORT) ALI shall have the right, upon prior written notice to PEOPLESUPPORT, to rescind this Agreement. In case of rescission of this Agreement by ALI, ALI shall forfeit in its favor all payments made by PEOPLESUPPORT as of the date of rescission, including the advance rental and Security Deposit. SECTION 4 MISCELLANEOUS PROVISIONS 4.1 GOVERNING LAW AND VENUE OF SUIT. This MOA and the rights and obligations of the Parties shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any and all actions or suits Page 20 Memorandum of Agreement-PeopleSupport Lease in connection with or arising from this MOA shall be filed with or instituted in the proper court of Makati City, Metro Manila. 4.2 NOTICES. Notices to either Party shall be sent to the Party's address as provided in the recitals of this Memorandum of Agreement, and to the attention of the persons representing such Party in this Memorandum of Agreement. IN WITNESS WHEREOF, the parties have signed these presents on the date and in the place first above written.
AYALA LAND, INC.
CITY ORDINANCE NO. 2003-101 Authors: Councilors L.G. Siaron, R.S. Javier, D.A. Jacome, S.D. Pangilinan, J.E.S. Binay, Jr., I.S. Cruzado, F.T. Eusebio, E.S. Gonzales, F.Z. Lichauco, C.P. Mercado, N.S. Pasia, A.C. Pimentel, E.V. Tolentino, Jr. and J.S. Wilson AN ORDINANCE IMPOSING ZONING CHARGE AND ZONING BOND FOR ALL BUILDINGS WITH OUTSTANDING VIOLATION/S OF THE TERMS AND CONDITIONS OF THEIR BUILDING AND/OR OCCUPANCY PERMIT ISSUED PRIOR TO THE ENACTMENT OF THE MAKATI ZONING ORDINANCE, SUBJECT TO ALL LAWS AND EXISTING LEGAL RULES AND REGULATIONSWHEREAS, pursuant to its mandate, the Makati City Zoning Board of Adjustment and Appeals (MCZBAA), through Board Resolution No. B-03-005 (copy attached), has recommended the imposition of Zoning Charge and Zoning Bond for all buildings which have outstanding violation/s of the terms and conditions of their building/occupancy permit issued prior to the enactment of the Makati Zoning Ordinance; WHEREAS, the imposition of Zoning Charge and Zoning Bond shall guarantee compliance and/or cover demolition expense in case of non-conformance with the Zoning Ordinance after the expiration of the moratorium period; WHEREAS, the MCZBAA has decided to endorse to the Sangguniang Panlungsod the enactment of this ordinance in order to grant the appeal of the property owners/developers that they be given sufficient time or moratorium to conform to the Zoning Ordinance.
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NOW THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, BY VIRTUE OF THE POWERS VESTED IN IT BY LAW, IN SESSION ASSEMBLED, THAT: SECTION 1. There is hereby imposed a Zoning Charge and Zoning Bond for all buildings which have outstanding violation/s of the terms and conditions of their building/occupancy permit issued prior to the enactment of the Makati Zoning Ordinance. For buildings constructed in violation of the height/Floor Area Ratio (FAR) restrictions, the amount of Zoning Charge and Zoning Bond shall be determined by multiplying the excess floor area (the total floor area exceeding the allowable height or density limit) by the demolition cost and further multiplied by the moratorium period, that is: Zoning Charge = (Excess Floor Area) x (Demolition Cost) x (Moratorium Period) Zoning Bond = (Excess Floor Area) x (Demolition Cost) x (Moratorium Period) For buildings constructed in violation of the use and/or other terms and conditions of building/occupancy permit, the amount of the Zoning Charge and Zoning Bond shall be determined by multiplying the moratorium period by regulation/enforcement costs. 75% of the product will be applied to Zoning Bond while the remaining 25% will constitute Zoning Charge. The MCZBAA, through appropriate resolution, shall set the rates of demolition and/or enforcement costs using the prevailing rates in the industry as reference. Only bonds issued by the accredited government banks [i.e. Land Bank of the Philippines (LBP), Development Bank of the Philippines (DBP), and Philippine National Bank (PNB) shall be accepted. The Zoning Bond will be returned to the building owner, without interest, if the required rectification/compliance has been made prior to the end of the
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moratorium period; Otherwise, the cash shall be forfeited or bond is called upon in favor of the City Government to cover the demolition/enforcement expense. SECTION 2. The payment of Zoning Charge and posting of Zoning Bond imposed under this Ordinance grants to the building owner sufficient time or moratorium to comply with the Makati Zoning Ordinance depending on the length of period granted by the MCZBAA. In no case, however, that moratorium period shall exceed five (5) years from date of effectivity of this ordinance. The MCZBAA shall set the requirements and adopt its own rules and procedures in the grant of the moratorium. SECTION 3. This Ordinance shall not operate to exempt lot/building owners/developers from the requirement of the Makati City Zoning Ordinance and shall not be used to condone obligations of lot/building owners/developers under a valid contract. SECTION 4. If any part or provision of this ordinance is declared invalid or illegal, other parts or provisions not so affected shall remain valid and effective. This also repeals or amends any existing ordinance inconsistent herewith. SECTION 5. This ordinance shall take effect immediately after its approval. ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, in its regular session held on March 02, 2004. Certified true and correct by: ROGELIO U. MARASIGAN City Secretary Attested by: COUNCILOR JOHNNY S. WILSON Temporary Presiding Officer APPROVED: JEJOMAR C. BINAY City Mayor
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rrn/jac
Amendments to the Makati City Zoning Ordinance ANNEX-1 AMENDMENTS TO THE MAKATI CITY ZONING ORDINANCE Section 1. Article III, Section 6 (6) is hereby deleted and items 7 and 8 are renumbered as 6 and 7 accordingly. Section 2. The phrase composed of R-2A and R-2B subzones in Article IV, Section 7 (1) (b) is hereby deleted. Section 3. The phrase R-3D and R-3E subzones in Article IV, Section 7 (1) (c) is hereby deleted. Section 4. The word C-1C in Article IV, Section 7 (2) (a) is hereby deleted. Section 5. The phrase C-3E, C-3F, C-3G and C-3H in Article IV, Section 7 (2) (c) is hereby deleted. Section 6. Article IV, Section 7 is hereby amended to include Planned Unit Development (PUD) and Special Mixed Use Zone (SMU) to read as follows: Section 7. xxx 10. Planned Unit Development Zone (PUD) 11. Special Mixed Use Zone (SMU) Section 7. Article IV, Section 8 is hereby amended to read as follows: Section 8: Zoning Map. It is hereby adopted as an integral part of this Ordinance, the Official Zoning Map for Makati City, wherein the designation, location, and boundaries of the zones and subzones herein established are shown and indicated. Such Official Zoning Map shall be signed by the City Mayor and duly authenticated by the HLURB/Sangguniang Panlungsod. The Official Zoning Map has five (5) components: 1. Makati City Zoning Map, As Amended 2. Makati City Commercial Subzone Map, As Amended 3. Makati City Residential Subzone Map, As Amended
Page 1 of 26
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4. Makati City Institutional, Government Center, Recreational, Riverside Development, Open Space, Cemetery, Utility, Planned Unit Development, and Special Mixed Use Zones/Subzones/Land Use Map 5. Amendments to the City Ordinance No. 2000-078 Section 8. Article V, Section 11 (2) is hereby amended to read as follows: 2. A Principal Use/s shall be the dominant use/s in a lot. The dominant use of a lot shall be determined as follows: a. In Residential (R-1, R-2, R-3), Commercial (C-1, C-2, C-3, C-4), Institutional (INS-1, INS-2,) Government Center (GCZ), and Sports Club Recreational (REC-3) zones, the dominant use is the use that occupies the largest building Gross Floor Area in a lot, subject to exceptions stated in herein item b. Amendments to the Makati City Zoning Ordinance Page 2 of 26 b. In lots in REC-1, REC-2, RDZ, OPN and in Residential and Commercial zones/subzones where Park, playground, sports field/court, garden is the only Principal Use allowed, the dominant use is the use that occupies the largest area of the lot. c. Development on lots with two different zoning classifications shall not
exceed the sum of the maximum allowable GFA of each lot. Section 9. There is hereby added sentence in Article V, Section 11 (3) to read as follows: 3. An Accessory Use shall be allowed only with the presence of a Principal Use in the same lot. In no case shall Accessory Use/s occupy more than forty-five (45%) of the Gross Floor Area of the structure located in the same lot including open yard if used for commercial purpose. Section 10. Article V, Section 14 is hereby amended to read as follows: SECTION 14. Low Density Residential Zone (R-1). An R-1 zone shall be used principally for single detached dwellings with customary ancillary uses, and
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compatible accessory uses on a neighborhood scale, except in Bel-Air, San Lorenzo and San Miguel Villages where duplexes may be allowed. Section 11. There are hereby new items inserted in Article V, Section 14 (1) (b) and (c) to read as follows: b. DUPLEX, where it shall be allowed as an additional Principal Use only in Bel-air, San Lorenzo and San Miguel Villages c. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN: for use of its immediate residential community. These shall be the only Principal Use allowed in the following lots: i. Block 6, Lots 1-7, (LRC) Psd-12510 (Barangay Magallanes) ii. Block 14, Lots 10, 11, 12, 29, 30, 31, (LRC) Psd-12510 (Barangay Magallanes) iii. Block 20, Lots 6, 7, 8, 23, 24, 25, (LRC) Psd-12510 (Barangay Magallanes) iv. Block 21, Lots 8, 9, 10, 28, 29, 30, (LRC) Psd-1310 (Barangay Dasmarias) v. Block 38, Lots 6, 7, 8, 22, 23, 24, (LRC) Psd-1310 (Barangay Dasmarias) vi. Block 24, Lot 16, Psd-39328 (Barangay San Lorenzo) vii. Block 20, Lot 11, (LRC) Psd-5014 (Barangay Urdaneta) viii. Lots 1,2,3, Pcs-00-073-60 (Barangay Bel-Air) ix. Block 14, (LRC) Psd-7933 (Barangay Bel-Air) x. Block 14, (LRC) Psd-9590 (Barangay Forbes Park) Section 12. Article V, Section 14 (2) (c) is hereby amended to read as follows: c. HOME OFFICE (in all R-1 except in Forbes Park), provided that: i. The amount of traffic generated by the office will not inconvenience or disrupt access to adjacent properties and its vicinity, and
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National Building Code parking requirements are followed; Amendments to the Makati City Zoning Ordinance Page 3 of 26 ii. No equipment or process shall be used in such office which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, visual or audible interference in any radio, television or other electronic home device or appliance, or causes fluctuation in line voltage of the premises. iii. The activity will not alter the physical character of the area/structure as residential zone. Section 13. Article V, Section 15 is hereby amended to read as follows: SECTION 15. Medium Density Residential Zone (R-2). An R-2 zone shall be used primarily for medium-density housing, with support commercial, service, and institutional uses on a neighborhood or barangay scale.
Section 14. The sub-item a. R-2A under Article V, Section 15 (1) is hereby deleted and items i xiii under it are relabeled as a m accordingly. Section 15. Identification of location of lots mentioned in Article V, Section 15(1) (b) is hereby added to read as follows: b. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN: for use of its immediate residential community. This Principal Use shall be the only Principal Use allowed in the following lots: Lots 1-E and 1-F, (LRC) Psd-70463 (Barangay Guadalupe Viejo) Block 2, Psd-8851(Barangay Poblacion) Block 6, Lots 13, 14, 15, 34, 35, (LRC) Psd-8555 and Lot 36-A (portion of Lot 36), Block 6, (LRC) Psd-8555 (Barangay Poblacion) Lots 2 and 3, (LRC) Pcs-6928 (Barangay Valenzuela) Block 6, Lot 1, 2, 3, 22, 23, (LRC) Pcs-1514 and Lot 24-B (portion
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of Lot 24), Block 6, (LRC) Pcs-1514 (Barangay Valenzuela) Lot 1, (LRC) Psd-30582 Section 16. Article V, Section 15 (1) (b) and items i-iii pertaining to R-2B are hereby deleted. Section 17. The phrase a. R-2A under Article V, Section 15 (2) is hereby deleted and items i xviii under it are relabeled as a r accordingly. Section 18. There are hereby added new items under Article V, Section 15 (2) to read as follows: s. PAWNSHOP/ONE-STOP PAYMENT SHOP Section 19. Article V, Section 15 (2) (b) and items i-iv pertaining to R-2B are hereby deleted. Section 20. Section 15 (3) of Article V is hereby amended to read as follows: 3. Maximum Building Height: fourteen (14) meters Exempted from the imposition of height regulations in R-2 zone are church structures, covered courts, utility and other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office. Amendments to the Makati City Zoning Ordinance Page 4 of 26 Section 21. Article V, Section 15 (4), (5) and (6) are hereby deleted. Section 22. Section 16 of Article V is hereby amended to read as follows: SECTION 16. High Density Residential Zone (R-3, composed of subzones R-3A, R-3B, and R-3C). An R-3 zone shall be used primarily for highdensity/high-rise dwellings and limited service support activities. Section 23. Article V, Section 16 (1) (a) (iii) is hereby amended to read as follows: iii. OFFICE/EMBASSY, where it shall be allowed as a Principal Use in R-3B only Section 24. The phrase R-3D and R-3E in Article V, Section 16 (1) (b) is hereby deleted.
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Section 25. There is hereby added new item in Article V, Section 16 (2)(a) to read as follows: ix. CONVENIENCE RETAIL (neighborhood scale only), where total GFA shall not exceed three percent (3%) of the total GFA of the structure. Section 26. Article V, Section 16 (2) (c) is hereby deleted. Section 27. Article V, Section 16 (3) (d) and (e) are hereby deleted. Section 28. Article V, Section 16 (4) is hereby deleted. Section 29. Article V, Section 17 is hereby amended to read as follows: SECTION 17. Low Density Commercial/Mixed Use Zone (C-1, composed of subzones C-1A and C-1B). This zone shall be used primarily for mixed use and commercial developments on a local scale. Section 30. The phrase and C1-B in Article V, Section 17 (1)(a) is hereby deleted. Section 31. Article V, Section 17 (1) (a) (xxvi) is hereby amended to read as follows: xxvi. COCKTAIL LOUNGE, DISCO, DANCE HALL, VIDEOKE/KARAOKE Section 32. Article V, Section 17 (1) (a) (xxxii) is hereby amended to read as follows: xxxii. WELLNESS CENTER Section 33. Article V, Section 17 (a) (xxxvi) is hereby deleted and succeeding items are renumbered accordingly. Section 34. Article V, Section 17 (a) (xxxvii) is hereby amended to read as follows: xxxvi. PAWNSHOP/ONE-STOP PAYMENT SHOP Section 35 . Article V, Section 17(1)(b) in Article V is hereby re-named as C1-B. Amendments to the Makati City Zoning Ordinance Page 5 of 26 Section 36. Section 17(b)(vii) in Article V is hereby amended to read as follows: vii. PERSONAL SERVICE/ REPAIR (including dress and tailoring shop) Section 37. There are hereby added new items under Article V, Section 17 (1) (b) to read as follows: xviii. PAWNSHOP/ONE-STOP PAYMENT SHOP xix. WELLNESS CENTER
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Section 38. The last paragraph of Section 17(1)(b) is hereby amended to read as follows: Note: The allowable land uses in C-1B subzone shall not be interpreted to include any of the following: girlie bar, disco, beer garden, karaoke bar with GRO, pub house, billiard hall, bowling alley, church and other place of worship, funeral parlor, mortuary, and crematory. Section 39. Article V, Section 17 (2)(b) is hereby deleted.
Section 40. The phrase C-1C in Article V, Section 17 (3) is hereby renamed to C-1B. Section 41. The phrase C-1C in Article V, Section 17 (4) is hereby renamed to C-1B. Section 42. Article V, Section 17 (5) is hereby amended to read as follows:
4. Conditional C-1A Classification in Guadalupe Viejo Area: The southwest portion of the R-2 zone bounded by C-1A lot (north), Camia Street (east), Gumamela Street (south), and Estrella Street (west) shall be classified as a C-1A subzone subject to the following conditions: a. Estrella Street is widened by minimum of two lanes (one each side) from Gumamela Street up to J.P. Rizal Avenue; b. An environmental impact study of the classification of the R-2 lots into C-1A lots shall be conducted by a reputable consulting firm/s. Such study should include an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues, and the identification of appropriate mitigation measures such as restriction/regulation of lot access from Estrella Street, additional road widening, protection of existing trees, creation of appropriate buffer zones with adjacent residential lots, and specific land use controls; and c. The results and recommendations of the study shall be used as a
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basis for further consultation with affected residents, and the formulation of a master development plan that is acceptable to the affected residents and community and will guide the actual redevelopment of the area. Non-compliance with these conditions means that the R-2 zone classification of the affected lots is retained. Amendments to the Makati City Zoning Ordinance Page 6 of 26 Section 43. There are hereby added new items in Article V, Section 17 to read as follows:
5. Conditional C-1A Classification in Barangays Cembo, West Rembo and East Rembo: Lot-deep along Kalayaan Avenue shall be classified as a C-1A subzone subject to the following conditions: a. Lot shall have a minimum lot size of 300 sqm; b. It shall have a minimum frontage to Kalayaan Avenue of twelve (12) meters to provide for internal circulation within the lot; and c. Dropped curb (mountable sidewalk) parking slots that are directly accessed from Kalayaan Ave. without entering an internal driveway shall not be permitted. Non-compliance with these conditions means that the R-2 zone classification of the affected lots is retained. 6. Conditional C-1A Classification in Barangays Singkamas and Tejeros: Lot-deep along J.P. Rizal Ave. from P. Varona St. on the northeast side and from PasongTirad on the southwest side to Makati-Manila boundary shall be classified as a C-1A subzone if lots shall have a minimum setback of two (2) meters from J.P. Rizal. Non-compliance with these conditions means that the R-2 zone
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classification of the affected lots is retained. 7. Conditional C1-B Classification in Urdaneta Village: Lot deep on the southeastern side of Paseo De Roxas and south of Sen. Gil Puyat Avenue from Lot 1 Block 20 LRC Psd-5014 at Potenciana Street up to Lot 9 Block 1 LRC Psd-5014 shall be classified as Conditional C1-B subzone subject to the following conditions: a. A high perimeter wall fence shall be constructed to physically segregate it from the R-1 zone; b. Owners of lot/s herein classified as Conditional C1-B shall provide a 6-meter wide service road from Potenciana Street crossing Cruzada Street up to Senator Gil Puyat Avenue which shall be annotated in their respective titles; c. No loading and unloading zone shall be allowed along Paseo De Roxas and Gil Puyat Avenues. The property described as (LRC) PCN 95 shall not be allowed to have entrance and exit along Real Street; d. Parking and internal circulation must be provided within the property and shall conform with the provisions of the National Building Code; and e. Observance of applicable laws, ordinance and restrictions. Non-compliance with these conditions means that the R-1 zone classification of the affected lots is retained. Section 44. Article V, Section 18 (2)(a) is hereby amended to read as follows: a. C-2A: four (4), provided that, if the owner/s of affected lots within the C2A subzone provide the right-of-way to allow for the widening of both sides of Chino Roces Avenue by one vehicular lane (at least 3.5 meters wide), then lots within the subzone will be governed by the following: Amendments to the Makati City Zoning Ordinance Page 7 of 26
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i. Non-residential: four (4) ii. Residential(Residential/apartment/condotel/ condominium, Hotel): eight (8) iii. Mixed Non-residential and Residential: between four (4) and eight (8), depending on the space allocated for Residential and Non-residential use. The allowable GFA shall be determined as follows: Compute maximum GFA of Non-residential space on the basis of FAR 4; Subtract actual GFA of Non-residential space from the maximum GFA of Non-residential space, leaving a balance for Residential use (Note: actual GFA of Nonresidential space should not exceed maximum GFA of Non-residential space); Apply a one-hundred-percent (100%) increase to the remaining balance to arrive at the maximum GFA of Residential space. For this purpose, any lobby or other common area or support use not specifically dedicated to Non-residential or Residential use shall be allocated to such uses in proportion to their GFA. However, the area allocated for the road widening in each lot shall be included in the computation of the maximum FAR of the lot. Section 45. The phrase C-3E, C-3F, C-3G and C-3H in Article V, Section 19 is hereby deleted. Section 46. The words C-3E, C-3F, C-3G and C-3H in Article V, Section 19 (1)(b) are hereby deleted. Section 47. Section 19(1)(b)(xxiii) of Article V is hereby amended to read as follows: xxiii. COCKTAIL LOUNGE, DISCO, DANCE HALL, VIDEOKE/KARAOKE
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Section 48. Section 19(1)(b)(xxviii) of Article V is hereby amended to read as follows: xxviii. WELLNESS CENTER Section 49. There is hereby inserted item in Section 19(1)(b)(xxxii) of Article V to read as follows: xxxii. PAWNSHOP/ONE-STOP PAYMENT SHOP Section 50. Article V, Section 19 (2) (d) is hereby amended to read as follows: d. Conditional C-3D: i. Non-residential: eight (8) ii. Residential (Residential apartment/condotel/ condominium, Hotel): twelve (12) iii. Mixed Non-residential and Residential: between eight (8) and twelve (12), depending on the space allocated for Residential and Non-residential use. The allowable GFA shall be determined as follows: Amendments to the Makati City Zoning Ordinance Page 8 of 26 Compute maximum GFA of Non-residential space on the basis of FAR 8; Subtract actual GFA of Non-residential space from the maximum GFA of Non-residential space, leaving a balance for Residential use (Note: actual GFA of Non-residential space should not exceed maximum GFA of Non-residential space); Multiply the remaining balance by one hundred thirtythree percent (133%) to arrive at the maximum GFA of Residential space. For this purpose, any lobby or other common area or support use not specifically dedicated to Non-residential or Residential use shall be allocated to such uses in proportion to their GFA.
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Section 51. Article V, Section 19 (2) (e) (f) (g) and (h) are hereby deleted.
Section 52. There are hereby added new items in Article V, Section 19 to read as follows:
3. Conditional C-3A Classification in Poblacion: Lot 41-A-1-A-5-1-A-2A-1, (LRC) Psd-7499, Lot 41-A-1-A-1, Psd-6655, Lot C-1, (LRC) Psd7498 and Lot 42-A, Psd-370 (formerly IS site) subject to the provisions as contained in City Ordinance 2006-046. 4. Conditional C-3B Classification in Pio del Pilar: The corner lots at Dela Rosa St., Javier St. and Arnaiz Ave. at the western side of Chino Roces Ave. shall be classified as a C-3B subzone subject to the following conditions: a. A C-3B lot shall have a minimum lot size of 1,200 sq.m. with frontage along Santillan St.; b. Santillan St. and its laterals are widened by a minimum of 2.5 meters; c. Additional requirements shall be submitted such as environmental impact study conducted by a reputable consulting firm/s that recommends such classification given an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues; d. Interior parking must be provided within the property. Only parking entrance may be allowed along Don Chino Roces Avenue; parking exit shall only be on the side street or along Santillan St ; and e. A minimum of 2 service parking docks shall be required for each proposed building. Non-compliance with these conditions means that the C-3C subzone
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classification of the affected lots is retained. 5. Conditional C-3D Classification in Pio del Pilar and San Lorenzo Area: Lots at both sides of Chino Roces Ave. from Export Bank Drive/Dela Rosa St. to Arnaiz Ave. except conditional C-3B lots shall be classified as a C-3D subzone subject to the following conditions: Amendments to the Makati City Zoning Ordinance Page 9 of 26 a. Minimum lot size of 1,200 sq.m;
b. Santillan St. and its laterals are widened by a minimum of 2.5 meters; c. Lots on west side of Chino Roces shall have frontage along Santillan Street; d. Additional requirements shall be submitted such as environmental impact study conducted by a reputable consulting firm/s that recommends such classification given an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues; e. Interior parking must be provided within the property. Only parking entrance may be allowed along Don Chino Roces Avenue; parking exit shall be along Santillan Street for the west lots, and along the road facing Amorsolo Street for east lots; and f. A minimum of 2 service parking docks shall be required for
each proposed building; Non-compliance with these conditions means that the C-3C subzone classification of the affected lots is retained. 6. Conditional C-3D Classification in San Antonio Area: Blocks bounded by Malugay and Yakal Streets from Ayala Extension to Mayapis Street shall be classified as conditional C3D subject to the
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following conditions: a. b. Minimum lot size of 10,000 sq.m; No vehicular entrance and exit shall be allowed to those
property fronting Don Chino Roces Avenue Extension, Ayala Avenue and Mayapis Street; c. Additional requirements shall be submitted such as
environmental impact study conducted by a reputable consulting firm/s that recommends such classification given an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues; e. f. Interior parking must be provided within the property; and A minimum of 2 service parking docks shall be required for
each proposed building; Non-compliance with these conditions means that the C-3C subzone classification of the affected lots is retained. Section 53. There is hereby inserted item in Section 20(1)(b) to read as follows: b. BANK, FINANCE, INSURANCE, MONEY EXCHANGE SERVICE/ Amendments to the Makati City Zoning Ordinance Page 10 of 26 PAWNSHOP/ ONE-STOP PAYMENT SHOP Section 54. Article V, Section 20 (2) (a) is hereby amended to read as follows: a. C-4A i. HOTEL, where it shall be allowed as an additional Principal Use only in Lot 1, (LRC) Psd-293128 (Bel-Air); ii. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT, where it shall be allowed as an additional Principal Use only in Ayala Avenue/Paseo De Roxas/Makati Avenue rear lots fronting Valero Street [except Lots 1 and 2, (LRC) Pcs-13001].
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Section 55. Article V, Section 20 (2) (b) is hereby amended to read as follows: b. C-4B i. HOTEL, where it shall be allowed as an additional Principal Use only in Lots 2-A-2-A and 2-A-2-B, (LRC) Psd- 215710 and Lots 1 and 2, Pcs-00-007133 (San Lorenzo) ii. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT, where it shall be allowed as an additional Principal Use only in Ayala Avenue rear lots fronting Dela Rosa Street.
Section 56. There is hereby inserted identification of location of lots mentioned in Article V, Section 20(2)(d) to read as follows: i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT, where it shall be allowed as an additional Principal Use only in: Lots 1 and 2, (LRC) Pcs-18131 (Urdaneta); and Lot 4-B-1, Psd-00034959 (Urdaneta); ii. HOTEL, where it shall be allowed as an additional Principal Use only in: Lots 1 and 2, (LRC) Pcs-18131; (Urdaneta); and Lot 4-B1, Psd-00-034959(Urdaneta); Section 57. Article V, Section 20 (3) is hereby amended to read as follows: 3. Principal Uses which shall be the only Principal Use allowed in the following lots: a. C-4B: MEDICAL CENTER, where it shall be the only Principal Use allowed in Lot 2-A-1-A, (LRC) Psd 30865 (San Lorenzo). b. C-4E and C-4F: i. PLACE OF RELIGIOUS WORSHIP, where it shall be the only Principal Use allowed in: 1. Lot 1 Pcs-00-007739 (San Lorenzo); 2. PCN-13-000023 (Bel-Air);
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3. Lot 1, Block 13, (LRC) Pcs-8496 (Bel-Air); 4. Lot 9, Block 15, (LRC) Pcs-6820 (Urdaneta); 5. Lots 1,2, 3, and 4, (LRC) Pcs-1282 (Bel-Air) Amendments to the Makati City Zoning Ordinance Page 11 of 26 ii. CULTURAL AND EDUCATIONAL CENTER, where it shall be the only Principal Use allowed in Lots 1-A and 13, Psd13-000232 (San Lorenzo). iii. COLLEGE/UNIVERSITY/EDUCATIONAL RESEARCH CENTER, where it shall be the only Principal Use allowed in: 1. Lots 1-9 Block 17, (LRC) Pcs-8081 (San Lorenzo); 2. Lot 2 Pcs-00008307 (Bel-Air)
iv. PARKING/PARKING STRUCTURE, PLAYGROUND, SPORTS FIELD/COURT, GARDEN, UTILITY FACILITY, where it shall be the only Principal Use allowed in the following lots: 1. Lot 1, Psd-007602-029408-D (San Lorenzo) 2. Lot 2, Psd-007602-029408-D (San Lorenzo) 3. Lot 1, (LRC) Psd-209535 (San Lorenzo) 4. Lot 3-A, Psd-13-012797(Bel-Air) Section 58. Article V, Section 20 (4) (a) is hereby amended to read as follows: i. C-4G ii. C-4D: 1. Lots 1-A, (LRC) Psd-69269 (Urdaneta) 2. Lots 2 and 3, (LRC) Psd-26990 (Urdaneta) Section 59. Article V, Section 20(6) is hereby amended to read as follows: a. The total Gross Floor Area occupied by the additional accessory uses are
given as follows:
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i. In C-4A, C-4B, C-4C, C-4D, C-4E, C-4F, C-4G subzones, the total
GFA shall not exceed twenty percent (20%) of the lot area, exclusive of the Gross Floor Area occupied by restaurants, canteens, and food-serving establishments located at and/or above the second floor of a building. ii. In C-4H subzone, the total GFA shall not exceed thirty percent (30%) of the lot area, exclusive of the Gross Floor Area occupied by restaurants, canteens, and food-serving establishments located at and/or above the second floor of a building. b. Vehicular/service access required by these additional accessory uses is
limited to Access and Service Roads or, in the absence of frontage to such Access or Service Roads, to Side Streets or Principal Streets as defined in Annex B of the City Ordinance No. 2000-078 Ordinance. In C-4H subzone, vehicular/service access to the additional accessory uses shall be limited to Jupiter Street, Malugay Street and Metropolitan Avenue. Vehicular entrances and exits shall further comply with the provisions of Article VI, Section 35(2) of the Makati City Zoning Ordinance, As Amended. c. Improvements in parking, pedestrian, service and other facilities for public use will be required as a condition for the establishment of the accessory Amendments to the Makati City Zoning Ordinance Page 12 of 26 uses listed in Article V, Section 20 (6) in C4 lots. For the purpose of creating a fund for the above-mentioned improvements, a one-time retail permit fee is hereby imposed under the following conditions: i. The retail permit fee shall be due from and payable by: (1) every lot owner or building owner who seeks to convert the
use of the ground floor or basement of his building to retail use by allowing a new retail store seeking to sell non-food
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items, or a new restaurant, canteen or other food-serving establishment, to operate in the ground or basement of his building; (2) every lot owner or building owner who seeks to convert the
use of the upper floors of his building from the second floor to retail use by allowing a new retail store seeking to sell non-food items to operate in any of such upper floors; and (3) every lot owner or building owner who at the time of the approval of City Ordinance No. 2000-078 has allowed an existing retail store selling non-food items to operate in any of the floors of his building, or who at the time of the approval of the said ordinance has allowed an existing restaurant, canteen or other food-serving establishment to operate in the ground floor or basement of his building. ii. The retail permit fee shall not be required in connection with the operation of new or existing retail stores, restaurants, canteens and food-serving establishments in Hotels. iii. The retail permit fee shall be due from and payable by a lot owner or building owner under sub-clauses (1)(a) and (1)(b) hereof upon the issuance of the occupancy permit for the new retail store or new restaurant, canteen or other food-serving establishment. The retail permit fee shall be due from and payable by a lot owner or building owner under sub-clause (1)(c) hereof upon the renewal in 2001 of the business permit of the retail store, restaurant, canteen or other food-serving establishment, existing at the time of the approval of the this Ordinance. Nothing in this Ordinance shall prohibit a lot owner or building owner from shifting the obligation to pay the retail permit fee required under this Ordinance to the owner or operator
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of the retail store, restaurant, canteen or other food-serving establishment. iv. A lot owner or building owner who has paid or who has caused the
payment of the retail permit fee in a given year in accordance with the requirements of City Ordinance No. 2000-078 shall not be liable for the payment of a retail permit fee in subsequent years. v. Beginning year 2007, the amount of Retail Permit Fee shall be
fixed at P3,000.00 per sq.m. until the next amendments to this ordinance. vi. Retail permit fees shall be deposited in a special fund which shall
be used solely to finance the improvement of parking, pedestrian, service and other facilities for public use, as may be necessary. Amendments to the Makati City Zoning Ordinance Page 13 of 26 Nothing in this Ordinance shall prohibit a lot owners association from requiring the payment of a special assessment from any member who wishes to avail himself of any of the accessory uses allowed under Article V, Section 20(6) of the Makati City Zoning Ordinance and from using these special assessments to fund improvements in parking, pedestrian, service and other facilities for public use as part of the private sector initiative. d. Existing retail stores or restaurants, canteens or other food-serving establishments, except for those in Hotels, that exceed the Retail Gross Floor Area limit specified in herein item a, exclusive of restaurants, canteens, or other food-serving establishments located at and/or above the second floor of a building, shall be considered non-conforming uses and shall be subject to the provisions of Section 53 of the zoning ordinance, as amended. Section 60. Article V, Section 20 (7) (d) is hereby amended to read as follows:
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d. C-4H: six (6), provided that, if an owner of an affected lot within the C-4H
subzone provides the right-of-way to allow for: i. construction of a full width (at least 4 lanes) road connection between Malugay and Jupiter Streets; and ii. future widening of Malugay and Jupiter Streets by a minimum of 4.5 meters; their lots within C-4H subzone will be governed by a maximum FAR of eight (8). However, the area allocated for the road connection and widening in each lot shall be included in the computation of the maximum FAR of the lot; provided that the relevant instrument allocating such area for road connection and widening is annotated on the Certificate of Title for such lot. In the case of the lot/s directly affected by the future connection of Jupiter St. to Malugay St., bonus incentives employing land readjustment scheme shall be made available which shall be determined and recommended by the Makati City Zoning Review Committee (MCZRC) to the City Council for approval. Section 61. Article V, Section 22 (2) (f) is hereby deleted and the succeeding items renumbered accordingly. Section 62. There is hereby inserted item in Section 22(2)(g) to read as follows: f. PAWNSHOP/ONE-STOP PAYMENT SHOP Section 63. Article V, Section 23 (2) (b) (vii) is hereby amended to read as follows: vii. WELLNESS CENTER Section 64. Article V, Section 25 (2) (b) (xii) is hereby amended to read as follows: xii. COCKTAIL LOUNGE, DISCO, DANCE HALL, VIDEOKE/KARAOKE Section 65. Article V, Section 25 (2) (b) (xx) is hereby amended to read as follows: xx. WELLNESS CENTER Amendments to the Makati City Zoning Ordinance Page 14 of 26 Section 66. Article V, Section 25 (2) (b) (xxii) is hereby deleted and the rest of the
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items renumbered accordingly. Section 67. There is hereby inserted item in Article V, Section 25 (2)(b)(xxiii) to read as follows: xxii. PAWNSHOP/ONE-STOP PAYMENT Section 68. Article V, Section 28 is hereby deleted. Section 69. There is hereby added new Sections 28 29 to read as follows: SECTION 28. Planned Unit Development Zone (PUD): This zone shall specifically refer to land development or redevelopment schemes for large lots wherein the project site must have a Master Development Plan that permits flexibility in planning/urban design, building siting, complementary of building types and land uses, usable open spaces for general public use and the preservation of significant natural land features if feasible. 1. The proposed site must be free from any encumbrances and the development must conform to the objectives of the Comprehensive Land Use Plan. 2. The Master Development Plan of the proposed development shall be reviewed and submitted by MCZRC to the City Council for approval. 3. The use of individual parcels within the PUD shall be subject to the Master Development Plan as approved by the City Council. 4. The development should provide for adequate open space and parking areas. The internal circulation system and ingress/egress points with external traffic flow must be well coordinated within the PUD. 5. A buffer zone must be established on the perimeter of the development where no structures are to be located and adequate landscaping will be established. 6. The Master Development Plan should comply with the rules and
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regulations related to National Building Code, Safety Code, and other applicable laws. Likewise, as part of the project approval requirements, there is a need to submit impact studies of the development such as but not limited to EIA, TIA, and UIA. SECTION 29. Special Mixed Use Zone (SMU): This zone shall specifically refer to planned mixed-use development in Bonifacio Global City. Land use, density restrictions and other regulations in SMU shall conform to the approved Master Development Plan prepared for Bonifacio Global City. Section 70. Article VI, Section 29 is renumbered as Section 30 and the numbering of the succeeding sections are adjusted accordingly. Section 71. There are hereby added new items under Article VI, Section 29 of the 2001 Zoning Ordinance to read as follows: Amendments to the Makati City Zoning Ordinance Page 15 of 26 Section 30. xxxx 6. The Clean Air Act, Ecological Solid Waste Management Act and other applicable laws and regulations promulgated by the national agencies concerned; and 7. The Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended. Section 72. Article VI, Section 31 is hereby amended to read as follows: SECTION 32. Lot Use. Lot use for different zones shall conform to the following regulations: 1. Two or more lots may be used for a single building. 2. Two or more lots may be consolidated into a single lot which may later be re-subdivided, provided that: a. In R-1 zone, a lot cannot be subdivided. But two or more lots in this zone may be consolidated into a single lot that the owner may later
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re-subdivide into their original lot boundaries, as defined in the approved subdivision plan where the lot is located; b. In R-3 C-3A, C-3B, C-3D and C-4 zones/subzones, lots may be consolidated and/or subdivided provided none of the lots resulting from subdivision or re-subdivision shall be smaller than the following lot sizes: i. 1,200 square meters in R-3, C-3B, C-3D, C-4D, C-4A, C-4B, C-4C, C-4D, and C-4G zone/subzones; and ii. 800 square meters in C-3A,C-4E, C-4F and C-4H subzones Section 73 . Article VI, Section 32 (5) of the 2001 Zoning Ordinance is hereby deleted. Section 74. Article VI, Section 34, first paragraph is hereby amended to read as follows: SECTION 35. Parking, Vehicular Entrance and Exit, and Service Entrance Regulations. Except for buildings and structures located in R-3, C-1B, C-3D and C-4 zone/subzone, all buildings and structures must provide for the minimum parking, access street, vehicular entrance and exit, and service entrance requirements specified in the National Building Code and other applicable laws, rules and regulations. Buildings and structures located in R-3, C-1B, C-3D and C-4, must comply with the following requirements: Section 75. The phrase R-3D, R-3E, C-3E, C-3F, C-3G, and C-3H in Article VI, Section 34 (1) (b) of the 2001 Zoning Ordinance is hereby deleted. Section 76. The phrase R-3D and R-3E in Article VI, Section 34 (1) (b) (i) of the 2001 Zoning Ordinance is hereby deleted. Section 77. The phrase C-3E, C-3F, C-3G, and C-3H in Article VI, Section 34 (1) (b) Amendments to the Makati City Zoning Ordinance Page 16 of 26 (ii) of the 2001 Zoning Ordinance is hereby deleted. Section 78. Article VI, Section 34 (2) (j), (k), (m) and (n) are hereby amended to read
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as follows: j. In the C-1B subzone bounded by Estrella Street (east), Amapola Street (north), R-1 lots (west), EDSA (south), vehicular access to the lots shall be allowed only from a rear service road, which shall connect to Estrella Street by a maximum of two vehicular driveways between EDSA and Amapola Street. k. In the C-1B subzone bounded by Nicanor Garcia Street (east), CEM zone (north and west), Jupiter Street (south), vehicular access shall be limited to an internal service road, with one entrance/exit driveway each from Nicanor Garcia Street and Jupiter Street. m. In R-1, no vehicular entrances to and exits from lots along EDSA shall be allowed. n. In R-1, no vehicular entrances to and exits from lots along McKinley Road shall be allowed except for those that are already existing as of the time that this Ordinance takes effect. Section 79. Article VI, Section 35 (1) and (2) are hereby amended to read as follows: 1. In R-1 zone, no Advertising, Business, or Roof Sign shall be allowed. 2. In R-2 zone, no Roof Sign shall be allowed. Section 80. The repeated phrase underneath the sidewalk in Article V, Section 35 (3) (b) is hereby deleted. Section 81. The last paragraph of Article VI, Section 36 is hereby amended to read as follows: The covered ground-level, elevated, or underground walkway may also be allowed to extend into prescribed setbacks provided that Section 37, (1-5) of the Makati City Zoning Ordinance, As Amended is met, and subject to the specific approval of the Building Official. Section 82. Article VI, Section 37 is hereby amended to read as follows: SECTION 38. Additional FAR Provisions. Additional FAR beyond the
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prescribed allowable maximum FAR can be availed through the following development modes: 1. Transfer of Development Rights. The maximum allowable GFA for any building on a lot may be increased by transfer to such lot (hereinafter referred to as the Development Lot) of GFA that is allowed under Article V of City Ordinance No. 2000-078 but is not used by another lot (hereinafter referred to as the Transfer Lot), provided that: a. The Development Lot and the Transfer Lot are located in the same R-3, C-1A, C-2, C-3, C-4 subzone, GCZ or INS zone; b. The Transfer and Development Lots shall have the same type Amendments to the Makati City Zoning Ordinance Page 17 of 26 (FAR) of density restrictions; c. The sum of the GFA in the Transfer Lot and the Development Lot does not exceed the sum of the allowable maximum GFA of the two lots, as defined in Article V of City Ordinance No. 2000-078; d. The maximum GFA available for transfer to a Development Lot is equal to the difference between the allowable maximum GFA of the Transfer Lot, as defined in Article V of City Ordinance No. 2000-078, and the total GFA of the building/s on the Transfer Lot; e. The owner/developer of the Development Lot provides sufficient technical basis, acceptable to the Zoning Administrator, to show that the building/s resulting from the transfer will not cause substantial congestion or inconvenience or disrupt access and delivery of services to adjacent properties and the vicinity. Among others, the
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proponent of a TDR shall, at its cost, have a Traffic Impact Assessment (TIA) done by a reputable consulting firm/entity acceptable to the City. The TIA shall assess the impact of the TDR on the Development Lot and its vicinity, and identify measures to mitigate any potential adverse impact/s. The City may require other impact assessments to be done by reputable consulting firms/entities acceptable to the City at the cost of the proponent; f. The proponent of the TDR shall commit to implement and shoulder the costs of the necessary mitigation measures identified by the TIA and other impact assessments accordingly; g. In any case, the total FAR at a Development Lot, resulting from the TDR from a Transfer Lot shall not exceed 125% of its original maximum FAR; h. A proposed TDR may not be approved or the total GFA allowed to be transferred may be less than the maximum defined in herein item f if there is insufficient basis, according to the assessment of the Zoning Administrator and based on the above-mentioned impact assessments and/or other related studies, accordingly; i. Except for the maximum FAR prescribed in Article V of the City Ordinance No. 2000-078, the building/s resulting from the transfer complies with the land use and all other provisions of the said ordinance; j. GFA that has been transferred to a Development Lot cannot be re-transferred except to the original Transfer Lot; and k. The resulting increase in the total GFA of a Development Lot
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and the corresponding decrease in the total GFA of a Transfer Lot shall be annotated on the respective titles of the Transfer Lot and the Development Lot within sixty (60) working days Amendments to the Makati City Zoning Ordinance Page 18 of 26 after the TDR has been approved by the Zoning Administrator; 2. Transit-Based Developments. In all commercial zones (C-1, C-2, C-3, C-4), a building or structure that is within 200 meter walking distance from an existing commuter rail station will be allowed to build one (1) FAR higher than the maximum FAR specified in Article V of the City Ordinance No. 2000-078 for the zone/subzone where the building or structure is located, provided that the building owner or developer builds and maintains at his cost, a direct, sheltered pedestrian link from his building to the transit station subject to the Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended. As determined by the Building Official and in consultation with concerned transit authorities, this link must be of sufficient dimension to accommodate public pedestrian volumes and must be kept open, safe, and well-lighted for the use of the general public at least during a period that extends before and after regular working hours. 3. Bonus Incentives. Bonus incentives which may take the form of either additional increase in the allowable FAR or other incentives, may be made available to developments that provide facilities and amenities which are of public benefit and deemed desirable, subject to the applicable ordinance and Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended. These amenities shall include, but are not limited to the following: a. network of green and open spaces, including roof gardens;
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b. development employing land readjustment scheme c. public art/heritage facilities Section 83. Article VI, Section 38 is renumbered as Section 39 and is amended to read as follows: SECTION 39. Performance Standards. All land uses, developments or constructions shall conform to the noise, vibration, smoke, dust, dirt and fly ash, odors and gases, glare and heat, industrial wastes, sewage disposal, storm drainage, pollution control, and other similar environmental standards of the National Building Code, the Clean Air Act, the Ecological Solid Waste Management Act, and other applicable laws, rules and regulations. Section 84. There is hereby added new Section under Article VI to read as follows: SECTION 41. Special Use Permits. In addition to conforming to the applicable zoning regulations, special use permit or additional locational clearance requirements may be required for each of the following uses subject to the following conditions and existing applicable laws:
1. Telecommunication Facilities a. Cellular mobile telephone service, paging service, trunking service, wireless local loop service shall be located only within the zone where public utility facilities are allowed; b. Base stations shall conform to the setback requirements of the National Building Code and the Department of Health (DOH); Amendments to the Makati City Zoning Ordinance Page 19 of 26 c. A perimeter fence as per specifications in the DOH Radiation Protection Evaluation Report shall be constructed to prevent access of the public to the antenna/tower and other telecommunication facilities; d. The sound maintenance of such station shall be the exclusive
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responsibility of the proponent and/or persons operating them; e. The proposed location, design, and method of operation of the facilities will not have a detrimental effect on the privacy, quiet, light and air of the neighborhood; f. The proponent must comply with MCZBAA Resolution No. B04-023 and the Implementing Rules and Regulations of Makati City Zoning Ordinance, As Amended.
2. Crematorium a. Environmental and site analyses shall be conducted to ensure that the proposed crematorium is consistent with the adjacent land uses and will not pose hazard to the community in general; b. Proper maintenance of crematorium shall be the sole responsibility of the proponent operating it; c. Requirements set by Sanitation and Water Codes must be fully complied with; d. Proper waste disposal, odor control and other abatement procedures must be adopted; and e. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent. 3. Columbarium a. Environmental and site analyses shall be conducted to ensure that the proposed columbarium is consistent with the adjacent land uses and will not pose hazard to the community in general;
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b. Proper maintenance of columbarium shall be the sole responsibility of the proponent operating it; c. Requirements set by Sanitation and Water Codes must be fully complied with; d. Proper waste disposal, odor control and other abatement procedures must be adopted; e. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent. Amendments to the Makati City Zoning Ordinance Page 20 of 26 4. Funeral/Memorial Service
a. Proper waste disposal, odor control and other abatement procedures must be adopted; b. Other sanitary requirements by the City and the DOH shall be complied with; c. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent. 5. Petrol filling station a. Petrol filling station must conform to the standards set by the Department of Energy; b. Adequate fire fighting and other safety equipment must be provided to ensure that it will not pose hazards in the area; c. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent. 6. Surface Parking in R2 zone
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a. Surface parking may be allowed as an interim use in R2 zone. This shall not be interpreted to include towing/impounding yards or temporary depository for towed vehicles; b. Such parking spaces shall be used exclusively by the occupants of the surrounding developments; c. Public pay parking space may be allowed for certain time of the day only depending on agreements that may be reached between the proponent/lot owner and the Barangay;
d. Such use shall not create or contribute to traffic congestion and the streets providing access to such use will be adequate to handle the traffic to be generated; e. The proponent shall obtain the formal consent of owners of lands immediately adjacent to the proposed site signifying their conformity to the proposed use; f. Other appropriate conditions regarding general circulation, operating time, use of water, and other safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent. 7. Auto-repair shop a. Auto repair shop may be located within R-2, C-1A, C-2, C-3, and GCZ zones/subzones only, subject to applicable conditions on dominant/accessory use; Amendments to the Makati City Zoning Ordinance Page 21 of 26 b. Such use shall not create or contribute to traffic congestion and the streets providing access to such use will be adequate to handle the traffic to be generated; c. Other appropriate conditions and safeguards to minimize
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adverse effects on the character of the surrounding area may also be required from the proponent. 8. Machine/Metal/Welding/Junk/Furniture Shop a. Machine/Metal/Welding/Junk/Furniture Shop may be located within R-2, C-1A, C-2, C-3, INS, and GCZ zones/subzones only, subject to applicable conditions on dominant/accessory use; b. It shall be allowed to operate on certain time of the day only depending on agreements that may be reached between the proponent/lot owner and the Barangay; c. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area. 9. Materials Recovery Facility (MRF) a. Materials recovery facility shall be located within a site duly recommended by the Department of Environmental Services, subject to the applicable laws, ordinance and Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended;
b. Adequate fencing shall be put up to prevent undue scattering of wastes; c. The general maintenance of the MRF shall be the sole responsibility of the proponent; d. Provisions of RA 9003 (Ecological Solid Waste Management Act of 2000) and other sanitary requirements of the City and the Department of Health (DOH) shall be complied with; e. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area shall be recommended by the Makati City Zoning Board of
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Adjustments and Appeals and MCZRC subject to the Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended. Section 85. There are hereby added new Sections under Article VIII to read as follows: SECTION 45. Environmental Compliance Certificate. Projects within the scope of the Environmental Impact Assessment System, those that are classified as Environmentally Critical Projects or those that are located in Environmentally Critical Areas shall not be commenced, developed, or operated unless the requirements of the Environmental Compliance Certificate have been complied with. Amendments to the Makati City Zoning Ordinance Page 22 of 26 SECTION 46. Additional Studies. Projects in specific areas within but not limited to West Valley zone and areas prone to liquefaction as may be deemed necessary may be required to submit additional studies i.e. Engineering Geological Geophysical Assessment Report (EGGAR), subject to the Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended. Section 86. Article X, Section 46 is renumbered as Section 50 and is amended to read as follows: SECTION 50. Building Permit. No building permit shall be issued by the Makati City Building Official without a valid locational clearance in accordance with this Ordinance. Approved plan/s based on the issued locational clearance shall not be altered or modified without the prior approval of the Office of the Zoning Administrator. Any person/firm applying for permit for signboards/billboards shall secure a locational clearance from the Office of the Zoning Administrator prior to installation, construction or modification of the same. The Locational Clearance for the same shall be an indispensable requirement in the
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issuance of other necessary permits and license. Application, installation, construction or modification of billboards and signages shall conform to the Billboard Masterplan to be approved by the City Council. Section 87. There are hereby added new Sections under Article X to read as follows: SECTION 51. Business Permit. Any person or firm applying for a business and license permit shall secure a conforming locational clearance from Office of the Zoning Administrator and/or Certificate of NonConformance for non-conforming uses prior to the issuance of business and license permits. SECTION 55. Zoning Fees. Any fees related to zoning shall be paid to the City Treasurer by the owners or contractors before any land development, construction, renovation or expansion projects can begin. Fees shall be in accordance with the following schedule: 1. Application Fee/Filing Fee a. For locational clearance .. Php 200.00 b. For inspection of property ..... 300.00 c. For motion for reconsideration ..... 1,000.00 d. For petition/request for reclassification . 2,000.00 e. For appeal 1,000.00 f. For filing complaint except those involving pauper litigant which shall be free of charge ... 1,500.00 2. Land Use Fee a. Residential (single detached and duplex type).. PhP 3.00/sqm of total floor area b. Commercial establishments, including apartments, mass housing, townhouses constructed primarily for gain . PhP 10.00/sqm of
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total floor area c. Industrial establishment . PhP 10.00/sqm of total floor area d. Institutional (schools, hospitals, etc.).. PhP 7.00/sqm of total floor area Amendments to the Makati City Zoning Ordinance Page 23 of 26 e. Memorial parks/Cemeteries PhP 4.00/sqm of total floor area f. Agro-industrial i. Manufacturing.. PhP 10.00/sqm of total floor area ii. Non-manufacturing .. PhP 5.00/sqm of total floor area h. Special uses (helipad/landing area, gas station, abbatoir, etc.) .. PhP 10.00/sqm of total floor area i. Billboards . PhP 10.00/sqm of display surface; PhP 5.00/sqm of total floor area j. Yards utilized for industrial purposes PhP 5.00/sqm of total land area k. Yards utilized for commercial purposes .. PhP 4.00/sqm of total land area l. Yards utilized for institutional purposes PhP 1.00/sqm of total land area m. Public parks. PhP 5.00/sqm of
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total floor area n. Private parks PhP 5.00/sqm of total land area o. Recreational facilities PhP 5.00/sqm of total floor area p. All types of renovation . 75% of the corresponding prescribed rate 3. Processing Fee .. 25% of the corresponding prescribed Land Use Fee 4. Certificate Fee a. Residential PhP 100.00 b. Commercial/Industrial PhP 400.00 c. Institutional PhP 200.00 5. Renewal of Locational Clearance PhP 300.00 6. Administrative Penalties - Any applicant, proponent, proprietor, owner or representative who commits any of the following acts shall after due notice be punished by a fine in accordance with the following schedule: 6.1 Unauthorized expansion or alteration of any activity formerly covered by a Certificate of Non-Conformance . . . a fine equivalent to 100% of the prescribed processing fee but in no case be less than P2,000.00 nor more than P10,000.00; 6.2 For committing fraud or misrepresentation
6.2.1 Fraud of misrepresentation as to use P 5,000.00 6.2.2 Fraud or misrepresentation as to location P 5,000.00 6.2.3 Non-disclosure or any material fact P 2,000.00
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6.3 For refusing admission within any premises subject to Amendments to the Makati City Zoning Ordinance Page 24 of 26 inspection by a duly authorized inspector 6.3.1 First refusal not exceeding P 2,000.00 6.3.2 Subsequent refusal P 5,000.00
6.4 For failing or refusing, without justifiable reason, to appear during a proceeding before the Office of the Zoning Administrator or her duly authorized officers A fine of not more than P 2,000.00. 7. Escalation Clause. Upon recommendation of the Office of the Zoning Administrator, the City Council may increase by not more than fifty percent (50%) and not often than once a year, rates prescribed in the preceding section. Section 88. The last paragraph of Article X, Section 48 is hereby deleted. Section 89. The phrase during the ten-year period specified in Section 48 in Article X, Section 49 is hereby deleted and Section 49 is hereby amended to read as follows: SECTION 54. Certificate of Non-Conformance. Subject to the requirements of Section 53 of the Makati City Zoning Ordinance, As Amended, an owner of the structure or operator of the activity shall apply for a Certificate of NonConformance within six (6) months from the ratification of this Zoning Ordinance by the HLRB or the Sangguniang Panglunsod, for the purpose of allowing such use to continue. In no case, however, shall a Locational Clearance and/or Certificate of Non-Conformance be granted or issued to legitimize or cure any breach or violation of any condition, restriction, or requirement covering the use of the lot or structure, or of building height or FAR limitation, in either case based on contracts or undertakings entered into between the owner thereof and a third party. Section 90. There are hereby added new items under Article X, Section 51 (1) to read
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as follows: e. Revoke locational clearance on valid and reasonable grounds; f. Inspect business premises or activity within reasonable business hours upon application, opposition, complaints or report to determine compliance or violation of the zoning ordinance; g. Monitor all projects with locational clearance, variances, exceptions, and special use permits at the time of the adoption of this Ordinance; and h. Whenever required or deemed necessary, seek technical assistance and advice from the MCZBAA and/or MCZRC for the evaluation of applications and/or monitoring the compliance of granted applications. Section 91. There is hereby added new section under Article X to read as follows: SECTION 58. Staffing Pattern of the Office of the Zoning Administrator. Taking into consideration the financial capability and service requirements of the City in the implementation and administration of this Ordinance, the staffing pattern of the Office of the Zoning Administration is proposed as follows, subject Amendments to the Makati City Zoning Ordinance Page 25 of 26 to the minimum standards and guidelines prescribed by the Civil Service Commission: Position Salary Grade Step Assistant Department Head for Zoning Administration 25 1 ZONING ADMINISTRATION DIVISION Zoning Officer V 24 1
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Zoning Officer IV 22 1 A. Processing Section Zoning Officer III 18 1 Zoning Officer II 15 1 Zoning Officer II 15 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Computer Operator II 9 1 B. Enforcement Section Zoning Officer III 18 1 Zoning Officer II 15 1 Zoning Officer II 15 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Computer Operator II 9 1 C. Customer Service and Support Section
Zoning Officer III 18 1 Zoning Officer II 15 1
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Zoning Officer II 15 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Computer Operator II 9 1 Computer Operator II 9 1 Section 92. Article X, Section 55 is hereby deleted. Section 93. Article X, Section 61 is renumbered as Section 67 and hereby amended to read as follows: SECTION 67. Violation and Penalty. Any person who violates any of the provisions of this Ordinance, shall, upon conviction, be punished by a fine not exceeding P5,000.00 or by imprisonment for a period not exceeding six (6) months, or both at the discretion of the Court. If the violation is committed by a firm, corporation, partnership, the managing partners, directors, or any person in Amendments to the Makati City Zoning Ordinance Page 26 of 26 charge of the management thereof shall be held responsible. Professionals who are in charge of a project which is found to be in violation of the Makati City Zoning Ordinance, As Amended and its Implementing Rules and Regulations shall be held liable and the case shall be referred to the Professional Regulations Commission (PRC) for appropriate action. Furthermore, any person or government official if found to have committed any violation of this Ordinance, directly or indirectly, shall be administratively and criminally liable. Section 94. Article X, Section 62 is renumbered as Section 68 and hereby amended to read as follows: SECTION 68. Effect of Other Laws, Decrees, and Restrictions. The provisions of this Ordinance shall be without prejudice to the application of other laws, presidential decrees, letters of instruction and other executive or
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administrative orders vesting national agencies with jurisdiction over specific land areas, which shall remain in force and effect, provided that land use decisions of the national agencies concerned shall be consistent with the Comprehensive Land Use Plan of Makati City. Nothing in this Ordinance prohibits or shall be construed as prohibiting the establishment and existence of homeowners' or lot owners' associations, their collection of dues, development charges and other assessments and the performance of powers and functions to be exercised or undertaken by them, to the extent authorized by their charter and by-laws or allowed by restrictions or covenants entered into with home or lot owners (or their respective successorsin-interest) which such associations have a right to enforce. Section 95. Immediately after the ratification of this ordinance, the Makati City Zoning Board of Adjustments and Appeals and Makati City Zoning Review Committee shall convene for the purpose of preparing the Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended which shall serve as guidelines for its effective implementation. Section 96. Some sections in the annexes of the City Ordinance No. 2000-078 regarding Definition of Terms, Zone Boundaries and Summary of Allowed Uses, Maximum FAR are hereby amended and incorporated as Annexes.
Republic of the Philippines SUPREME COURT Baguio City FIRST DIVISION G.R. No. 119043 April 14, 1997 JRB REALTY, INC., petitioner, vs. COURT OF APPEALS, SECURITIES and EXCHANGE COMMISSION, MAKATI COMMERCIAL ESTATE ASSOCIATION, INC. and AYALA LAND, INC., respondents.
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BELLOSILLO, J.: MAKATI COMMERCIAL ESTATE ASSOCIATION, INC. (MACEA), respondent herein, is an association of owners, lessees and occupants of various lots situated within the so-called Makati Central Business District (MCBD). JRB REALTY, INC., petitioner herein, as owner of two (2) lots in MCBD, is a member of the MACEA. AYALA LAND, INC. (ALI), in its capacity as successor-in-interest of Ayala Corporation in the ownership and development of said lots, is also a member of MACEA. For every Deed of Sale concerning the lots within MCBD a Deed Restrictions was attached as an essential part of the consideration. The restrictions were then annotated on the corresponding Certificates of Title as voluntary liens and encumbrances. One of the restrictions refers to the construction of the buildings and the architectural designs thereon xxx xxx xxx 2. The building proper must have a total gross floor area of not more than five (5) times the lot area . . . . 3. The building . . . must have a total height of not more than forty-two (42) meters . . . . As of the end of 1988 the owners of 80.57% of the lots including petitioner had already erected buildings thereon in compliance with the height and floor area ratio (FAR) restrictions. Sometime in 1989, within the term of the effectivity of the Deed Restrictions, respondent ALI submitted to respondent MACEA through its Board of Governors a proposal for the revision of the restrictions relating to the construction and use of structures to be built on the MCBD lots. The proposal sought the abolition of direct height restrictions to be replaced with FAR, in effect allowing lot owners to increase the total floor areas of their present buildings or to construct buildings with floor areas greater than those stated in the existing Deed Restrictions. On 15 May 1989 respondent MACEA distributed to its members Memorandum Circular No. 89-05 requesting written comments, suggestions and other actions on the proposed revisions. Petitioner submitted its written opposition dated 26 May 1989 based on the grounds that the proposal would have an unfair effect on the members who have already built structures on their lots in compliance with the Deed Restrictions and that no less than the consent of all the parties to the Deeds of Sale was needed in order to carry the revisions into effect. The Board of Governors of respondent MACEA then decided to endorse the matter to its members for their direct approval. On 22 March 1990 it sent out notices of an annual meeting set for 5 April 1990 with the proposal to abolish the direct height restrictions as one of the items in the agenda. However said meeting was reset to 14 June 1990. On 7 June 1990 petitioner filed before respondent Securities and Exchange Commission (SEC) a petition to enjoin respondent MACEA from submitting the proposal in question for consideration and/or approval of its members. On 8 June 1990 the Hearing Officer of respondent SEC issued a temporary restraining order against MACEA. For no apparent reason however the scheduled meeting was cancelled. Subsequently respondent ALI intervened in the proceeding before the Hearing Officer. On 23 June 1990 the application for a preliminary injunction was denied. Consequently the meeting was held on 11-12 July 1990. Out of 476 members, 403 voted in favor of the proposal. On 14 August 1990 petitioner filed a supplemental petition seeking nullification of the approval of the Revised Deed Restrictions on the basis of, among other things, being an ultra vires act of respondent MACEA and
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rampant irregularities which attended the meeting. On 17 August 1990 respondent MACEA issued Memorandum Circular No. 90-04 regarding Initial Guidelines for the annotation of the Revised Deed Restrictions on the titles of the lots of members who voted for its adoption and of those who subsequently accepted it. In the Order dated 28 February 1991 issued in connection with the Preliminary Conference, the Hearing Officer defined the genuine issue as whether respondent MACEA was empowered or could legally and validly change/amend and/or revise the Deed Restrictions. On 28 February 1994 the Hearing Officer dismissed the petition as well as the supplemental petition. 1 He expressed the opinion that respondent MACEA's action of adopting the Deed Restrictions could not successfully be attacked as an ultra vires act because
. . . (it) is expressly vested by its Articles with the general power of promoting the " general welfare, property, service and reputation" of the Makati Central Business District, as well as the "best interest and well-being" of its members . . . . Insofar as a revision of the original Deed Restrictions has the effect of promoting the "general welfare, property, service and reputation" of the area under MACEA's jurisdiction, as well as of furthering the "welfare . . . best interest and well being" of the lot owners, lessees and occupants in the same area, the same is validly exercised by the Association as an implied power necessary to carry out its aforestated express, general purposes . . . It is significant to note that in the May 22, 1990 letter of the MACEA President indorsing the approval of (Deed Restrictions) and in the "Summary and Rationale" (updated May 21, 1990) attached thereto . . . it was stated that the revision of the Deed Restrictions was intended "to promote the continuing economic development of Makati" and that it would "promote the general welfare, property, service and reputation" of the area under its jurisdiction (emphasis supplied). 2
As regards petitioner's claim that there were rampant irregularities in the ascertainment of the quorum at the meeting and voting, the Hearing Officer declared that it was beyond the issue agreed upon by the parties to be resolved in the case. Besides, petitioner failed to show how the alleged irregularities affected the ascertainment of the quorum and the outcome of the voting at the meeting. On 5 December 1994 respondent SEC affirmed the appealed decision. 3 On 10 January 1995 respondent Court of Appeals denied due course to the petition for review for failure to show prima facie that respondent SEC had committed errors of fact or law that would warrant a reversal or modification of the assailed decision. 4 On 14 February 1995 the motion for reconsideration was denied. 5 The issues are: (1) whether respondent court violated Sec. 14, second par., Art. VIII, of the Constitution when it refused to give due course to the petition for review and subsequently denied the motion for reconsideration; (2) whether respondent MACEA had the power to change/amend/revise the Deed Restrictions; and, (3) whether the functions of the Corporate Secretary in a stockholders/members' meeting could be performed, without his control and supervision, by another. Petitioner alleges that respondent court refused to give due course to its petition and denied reconsideration without indicating the legal basis therefor. It is clear then that subject resolutions did not comply with Sec. 14, second par., Art. VIII, of the Constitution which provides that "no petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor." Contrary to the protestation of petitioner, respondent court actually stated the legal basis for refusing to give due course to the petition thus 6
A perusal of the Petition for Review filed before Us reveals that based on the facts narrated and issues assigned vis-a-vis the assailed decision, the petition has failed to show prima facie that the
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Securities and Exchange Commission has committed errors of fact or law that would warrant a reversal or modification of the assailed decision. 7
In effect, respondent court adopted as its own the factual findings of SEC as well as the evidence and law which supported the conclusion. Notably, as contended by respondent ALI, the alleged noncompliance with the Constitutional provision is merely an afterthought because petitioner did not raise such issue in seeking reconsideration. Respondent court likewise stated the legal basis for denying the motion for reconsiderations 8 . . . The act being complained of, i.e., revision of the Deed of Restrictions, is pursuant to the general welfare clause and should not be taken as an interference with the lot owners' contracts. Besides, the MACEA should not be considered as a third party between petitioner lot owner and the developer Ayala Corporation.
A perusal of the assailed decision of the SEC dated December 5, 1994, reveals that the SEC decided the case on the basis of correct facts and the law on the matter. 9
Petitioner asserts next that respondent MACEA is without legal capacity to change/amend/revise/ the Deed Restrictions attached to the contracts of sale entered into between Ayala Corporation and the lot owners. The only power that respondent MACEA can exercise pursuant to its Amended Articles of Incorporation is to enforce theDeed Restrictions. In addition, petitioner invokes Sec. 22 of P.D. No. 957 which empowers a home/lot owners' association to give its written conformity to alterations of roads, open spaces, infrastructures and facilities but not to alter the use and occupancy of the lots. An analysis of the factual situations leads to the conclusion that petitioner's attack on the power of respondent MACEA to change/alter/revise the Deed Restrictions springs from misapprehension. As correctly articulated by the Office of the Solicitor General (OSG), respondent MACEA
. . . did not enter into a new or amendatory contract with respondent ALI, regarding the revision of the Deed Restrictions. As may be recalled, respondent ALI submitted the revision proposal to respondent MACEA obviously for purposes of expediency and facility, inasmuch as it involved not only a favored few, but of a large community of lot owners within respondent MACEA's jurisdiction. Respondent MACEA, in turn, indorsed the proposal to its members the lot owners themselves, to determine whether such proposal merited their consideration and approval, in a general membership meeting called for such purpose . . . 10
In other words, respondent MACEA's participation in the revision was merely limited to acting as an intermediary between its members on one hand and respondent ALI on the other. This being the case, it was not even necessary for public respondents to resolve the matter of whether respondent MACEA had an implied power of revision. The observation of the OSG is apt . . . (MACEA) never did exercise any such implied power. In fact, if any revision is made or done, the same is being effected principally by and between the parties to the Deed of Sale, the developer ALI and the lot owners themselves . . . .
The proposed revision of the Deed Restrictions is indisputably a matter of general concern to the members of MACEA. The fact that an overwhelming majority voted for its approval shows that it will promote the general welfare of the community. 11
Finally, petitioner questions the performance by another of the functions of the Corporate Secretary without his control and supervision in the meeting of stockholders/members. Suffice it to state that the claim was not an issue agreed upon by the parties to be resolved in the proceeding before the Hearing Officer. Section 6, Rule VIII, of the SEC Rules of Procedure allows confinement of issues
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only to those not disposed of by admission or agreement of counsel which, when entered, controls the subsequent course of the action. WHEREFORE, the petition is DENIED. The resolutions of respondent Court of Appeals dated 10 January 1995 denying due course to the petition for review, and 14 February 1995 sustaining its denial are AFFIRMED. SO ORDERED. Vitug and Kapunan, JJ., concur. Padilla, J., took no part. Hermosisima, Jr., J., is on leave.
CITY ORDINANCE NO. 2000-078 Authors: Councilors A.L. Cristal-Tenorio, F.T. Eusebio, M.L. Gonzales, O.M. Ibay, P.A. Ibay, D.A. Jacome, R.S. Javier, R.C. Medina, S.D. Pangilinan, N.S. Pasia, A.C. Pimentel, R.J. Puno, L.G. Siaron, J.S. Wilson, J.E.S. Binay, Jr. and R.F. Sese AN ORDINANCE ADOPTING ZONING REGULATIONS FOR MAKATI CITY AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH, SUBJECT TO ALL LEGAL AND EXISTING RULES AND REGULATIONS. Be it enacted by the Sangguniang Panglunsod of Makati, Metro Manila: WHEREAS, the implementation of Comprehensive Land Use Plans would require the enactment of regulatory measures to translate the planning goals and objectives into reality; and a Zoning Ordinance is one such regulatory measure which is an important tool for the implementation of the Comprehensive Land Use Plan; WHEREAS, the Local Government Code authorizes local government units to enact zoning ordinances subject to and in accordance with existing laws; 2
WHEREAS, the Housing and Land Use Regulatory Board has spearheaded and now assists in and coordinates the activities of local governments in comprehensive land use planning; NOW THEREFORE, the Sangguniang Panglunsod of Makati, Metro Manila in a session assembled hereby adopts the following Zoning Ordinance. Article I
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TITLE SECTION 1. Title of the Ordinance. This Ordinance shall be known as the Comprehensive Zoning Ordinance of the City of Makati and shall be referred to as the Ordinance. Article II AUTHORITY AND PURPOSE SECTION 2. Authority. This Ordinance is enacted pursuant to the provisions of the New Local Government Code, RA 7160 Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated 10 October 1991, Authorizing the City/Municipality through the Sangguniang Panglunsod/Bayan to adopt Zoning Ordinance subject to the provisions of existing laws, and in conformity with EO No. 72. SECTION 3. Purposes. This ordinance is enacted to achieve the following purposes: 1. Guide, control and regulate future growth and development of the City of Makati in accordance with its Comprehensive Land Use Plan.
2. Protect the character and stability of residential, commercial, institutional, parks and recreational spaces, and other functional areas within the locality and promote the orderly and beneficial development of the same. 3. Help ensure the continued growth of Makati as the premier business and financial center of the country in a manner that benefits the largest segment of its population.
4. Promote and protect the health, safety, peace, comfort, convenience and general welfare of inhabitants in the locality. 5. Regulate the location, use, and density of buildings and land in such a manner as to avoid unnecessary congestion and demand on utilities and services, and to enhance convenience of access to property and to safety from fire and other dangers. 6. Enhance the participation of the Citys constituents in the development of their communities. SECTION 4. General Zoning Principle. This Ordinance is based on the approved Makati Comprehensive Land Use Plan as per City Ordinance No. 2000-001 dated September 26,2000. Article III
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DEFINITION OF TERMS SECTION 5. Definition of Terms. Words and phrases used in this Ordinance are hereby defined in Annex A, which is attached herewith and made an integral part of this Ordinance. SECTION 6. Construction and Interpretation of Terms. The words and terms employed in this Ordinance shall be interpreted as follows: 1. Generic terms, such as others, and the like, etc. shall be construed to mean as including all specific terms similar to or compatible with those enumerated; 2. The singular includes the plural, subject to density regulations; 3. The present tense includes the future tense; 4. The word "person" includes both natural and juridical persons; 5. The word "lot" includes the phrase plot or parcel; 3
6. The word zone includes subzone in the interpretation and application of land use, density, and other development restrictions and prescriptions. 7. The term "shall" is always mandatory; and 8. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," designed to be "used or occupied."
Article IV ZONE CLASSIFICATIONS AND BOUNDARIES SECTION 7. Division into Zones and Subzones. To effectively carry out the objectives of this Zoning Ordinance, the City is hereby divided into the following zones and subzones as shown in the Official Zoning Map. 1. Residential Zones: a. Low Density Residential Zone (R-1) b. Medium Density Residential/Mixed Use Zone (R-2, composed of R-2A and R-2B subzones) c. High Density Residential/Mixed Use Zones (R-3, composed of R-3A, R-3B, R-3C, R-3D, and R-3E subzones) 2. Commercial Zones:
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a. Low Density Commercial/Mixed Use Zone (C-1, composed of C-1A, C-1B and C1-C subzones) b. Medium Density Commercial/Mixed Use Zone (C-2, composed of C2A and C-2B subzones) c. High Density Commercial/Mixed Use Zone (C-3, composed of C-3A, C-3B, C-3C, C-3D, C3E, C-3F, C-3G, and C-3H subzones) d. Central Business District Zone (C-4, composed of C-4A, C-4B, C-4C, C-4D, C-4E, C-4F, C4G, and C-4H subzones) 3. Institutional Zones: a. General Institutional/Mixed Use Zone (INS-1) b. Military Institutional/Mixed Use Zone (INS-2) 4. Government Center Zone (GCZ) 5. Recreational Zones: a. General Park Zone (REC-1) b. Institutional Recreational Zone (REC-2) c. Sports Club Recreational Zone (REC-3) 6. Riverside Development Zone (RDZ) 7. Open Space (OPN) 8. Cemetery Zone (CEM) 9. Utility Zone (UTL) SECTION 8. Zoning Map. It is hereby adopted as an integral part of this Ordinance, the Official Zoning Map for Makati City, wherein the designation, location, and boundaries of the zones and subzones herein established are shown and indicated. Such Official Zoning Map shall be signed by the City Mayor and duly authenticated by the HLRB/Sangguniang Panlungsod. The Official Zoning Map has four components: 1. Makati City Zoning Map 2. Makati City Commercial Subzones Map 3. Makati City Residential Subzones Map 4
4. Makati City Institutional, Government Center, Recreational, Riverside Development, Open Space,
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Cemetery, and Utility Zones/Subzones/Land Uses Map SECTION 9. Zone Boundaries. The location and boundaries of the above mentioned zones are hereby defined in the list of Zone Boundaries, which is herewith attached as Annex B and made an integral part of this Ordinance. SECTION 10. Interpretation of Zone Boundaries. In the interpretation of the boundaries of any of the zones indicated on the Zoning Map, the following rules shall apply: 1. Unless otherwise stated in this Ordinance and/or in the official Zoning Map, zone boundaries follow lot boundaries. 2. Where zone boundaries are so indicated that they approximately follow the center of streets or highways, the street or highway right-of-way lines shall be construed to be the boundaries. 3. Where zone boundaries are so indicated that they are approximately parallel to the centerlines or right-of-way lines, such boundaries shall be construed as being parallel thereto and at such distance there from as indicated in the zoning maps. If no distance is given, such dimension shall be determined by the use of the scale shown in said zoning maps. 4. Where the boundary of a zone follows approximately a railroad line, such boundary shall be deemed to be the railroad right-of-way. 5. Where the boundary of a zone follows a river, stream or creek, such boundary line shall be deemed to be at the limit of the political jurisdiction of the city, unless otherwise indicated. Boundaries indicated as following the bank or side of a river, stream or creek, shall be construed to follow such banks or sides, provided that uses along such boundaries shall comply with the easements and setbacks imposed by the Water Code and other applicable laws or regulations. Should there be a change in the existing banks or sides of rivers or creeks, the boundaries shall be construed as moving with the actual banks or sides. 6. Where a lot is divided by a city boundary line, only that portion falling within the city boundary line shall be covered by this Ordinance. 7. Unless otherwise stated in this Ordinance, a lot of one ownership, as of record at the effective date of this Ordinance, that is divided by a zone boundary line shall be treated as separate lots, in terms
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of the provisions of this Ordinance, wherein the boundary between the lots shall be determined as shown in, and/or measured by scale from, the Official Zoning Map. 8. A zone boundary that is described as one lot deep shall be interpreted as a general description of the depth of the zone such that the actual number of lots included within the depth of the zone may exceed one lot. The actual number of lots included within the depth of the zone shall be as shown in the Official Zoning Map. 9. Unless otherwise stated in this Ordinance, if there is any discrepancy between the zone boundaries indicated in Annex B and the zone boundaries indicated on the Official Zoning Map, the zoning boundaries indicated in Annex B shall govern. Article V LAND USE, DENSITY AND HEIGHT REGULATIONS SECTION 11. General Provisions. The allowable land uses and maximum building densities/heights in the zones and subzones defined in this Ordinance are enumerated in the succeeding sections. 1. Allowable land uses are specified according to Principal Uses and Accessory Uses. Principal Uses define the dominant use of a zone/lot while Accessory Uses support the Principal Uses allowed in a zone/lot. 2. A Principal Use/s shall be the dominant use/s in a lot. The dominant use of a lot shall be determined as follows: 5
a. In Residential (R-1, R-2, R-3), Institutional (INS-1, INS-2) Government Center (GCZ), and Sports Club Recreational (REC-3) zones, the dominant use is the use that occupies the largest building Gross Floor Area in a lot, subject to exceptions stated in Section 11 (2-c); b. In Commercial (C-1, C-2, C-3, C-4) zones, the dominant use is the use that has the largest revenue raising capacity, regardless of the area of the lot that is occupied by such use, subject to exceptions stated in Section 11 (2-c); c. In lots in Residential and Commercial zones where Park, playground, sports field/court, garden is the only Principal Use allowed, the dominant use is the use that occupies the largest area of the lot. d. In all other zones, the dominant use is the use that occupies the largest area of the lot.
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3. An Accessory Use shall be allowed only with the presence of a Principal Use in the same lot. 4. A use or structure that is indicated in Article V as both an Accessory Use and a Principal Use for a specific zone/lot shall be interpreted to be a Principal Use. 5. Building density shall be controlled by a maximum Floor Area Ratio. Floor Area Ratio (FAR) is defined as the ratio between the Gross Floor Area (GFA) of a building and the area of the lot on which it is built. The total GFA of any building or buildings in a lot should not exceed the prescribed maximum FAR multiplied by the lot area. Unless otherwise prescribed in this Ordinance, prescribed maximum FARs shall apply only to developable lots and not to roads and other lots or parcels of land not intended for vertical development. 6. In zones where no maximum FAR is prescribed, building density is limited by maximum building height and yard/setback restrictions. (Maximum Densities and Building Heights for each zone are summarized in a separate map.) 7. Maximum lot coverages are prescribed for General Park Zone (REC-1), Institutional Recreational Zone (REC-2), and part of the Riverside Development Zone (RDZ) in order to preserve the open character of these zones. 8. Allowable land uses, maximum FARs, maximum building heights, and maximum lot coverages are summarized in Annex C, which is attached herewith and made an integral part of this Ordinance. 9. Notwithstanding the designation of a zone as residential, commercial, institutional, or recreational, certain lots in such zones may be allowed only specific uses as prescribed in this Ordinance. SECTION 12. Conforming Use. A lot shall be deemed to have a conforming use that complies with the regulations of the zone in which it is located if the dominant use of the lot is consistent with the allowable Principal and/or Accessory Uses for such zone, pursuant to Article V of this Ordinance. SECTION 13. Height Regulations. In all cases, building height must conform to the height restrictions and requirements of the Air Transportation Office (ATO) as well as the requirements of the National Building Code, the Structural Code as well as all laws, ordinances, design standards, rules and regulations related to land development and building construction and the various safety codes. SECTION 14. Low Density Residential Zone (R-1). An R-1 zone shall be used principally for single
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detached dwellings with customary ancillary uses, and compatible accessory uses on a neighborhood scale. 1. Principal Use: a. SINGLE DETACHED FAMILY DWELLING, with customary ancillary uses such as house employees quarter, private garage, and guardhouse b. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN: for use of its immediate residential community. This Principal Use shall be the only Principal Use allowed in the following lots: i. Block 6, Lots 1-7, (LRC) Psd-12510 ii. Block 14, Lots 10, 11, 12, 29, 30, 31, (LRC) Psd-12510 iii. Block 20, Lots 6, 7, 8, 23, 24, 25, (LRC) Psd-12510 iv. Block 21, Lots 8, 9, 10, 28, 29, 30, (LRC) Pcs-1310 v. Block 38, Lots 6, 7, 8, 22, 23, 24, (LRC) Pcs-1310 vi. Block 24, Lot 16, Psd-39328 vii. Block 20, Lot 11, (LRC) Psd-5014 viii. Block 7, Lot 14, 15, 16, 29, 30, 31, (LRC) Psd-6108 ix. Block 14, (LRC) Psd-7933 2. Accessory Uses: a. PRE-SCHOOL/KINDERGARTEN SCHOOL (maximum of two classrooms) b. DAY CARE CENTER c. HOME OFFICE, provided that: i. The amount of traffic generated by the office will not inconvenience or disrupt access to adjacent properties and its vicinity, and National Building Code parking 6
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requirements are followed; ii. No equipment or process shall be used in such office which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses, visual or audible interference in any radio, television or other electronic home device or appliance, or causes fluctuation in line voltage of the premises. d. PLACE OF RELIGIOUS WORSHIP e. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS 3. Maximum Building Height: ten (10) meters Exempted from the imposition of height regulations in R-1 zone are church structures, covered courts, utility and other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office. SECTION 15. Medium Density Residential Zone (R-2, composed of subzones R-2A and R-2B). An R2A subzone shall be used primarily for medium-density housing, with support commercial, service, and institutional uses on a neighborhood or barangay scale, while an R-2B subzone shall be used primarily for low density single- and multi-family housing with customary ancillary uses. 1. Principal Uses: a. R-2A i. SINGLE DETACHED FAMILY DWELLING, with customary ancillary uses such as house employees quarter, private garage, and guardhouse ii. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN: for use of its immediate residential community. This Principal Use shall be the only Principal Use allowed in the following lots: Lots 1-E and 1-F, (LRC) Psd-70463 Block 2, Psd-8851 Block 6, Lots 13, 14, 15, 34, 35, (LRC) Psd-8555 and Lot 36-A (portion of Lot 36), Block 6, (LRC) Psd-8555 Lots 2 and 3, (LRC) Pcs-6928 Block 6, Lot 1, 2, 3, 22, 23, (LRC) Pcs-1514 and Lot 24-B (portion of Lot 24),
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Block 6, (LRC) Pcs-1514 Lot 1, (LRC) Psd-30582 iii. MULTI-FAMILY DWELLING iv. BOARDING/PENSION HOUSE, DORMITORY v. RESIDENTIAL INN/APARTMENT/CONDOTEL/CONDOMINIUM
vi. PRE-SCHOOL, KINDERGARTEN SCHOOL, ELEMENTARY SCHOOL, HIGH SCHOOL (maximum of 12 classrooms) vii. COMMUNITY/VILLAGE ASSOCIATION OFFICE viii. LIBRARY, MUSEUM, EXHIBIT AREA, ART GALLERY ix. FIRE/SECURITY STATION x. WELFARE/CHARITABLE INSTITUTION/REHABILITATION CENTER xi. PLACE OF RELIGIOUS WORSHIP xii. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS xiii. PUBLIC UTILITY FACILITY b. R-2B i. SINGLE DETACHED FAMILY DWELLING, with customary ancillary uses such as house employees quarter, private garage, and guardhouse ii. MULTI-FAMILY DWELLING, with customary ancillary uses such as house employees quarter, private garage, and guardhouse iii. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN: for use of its immediate residential community. This Principal Use shall be the only Principal Use allowed in Block 14, (LRC) Psd-9590. 2. Accessory Uses: a. R-2A i. SPECIALTY SCHOOL/TRAINING FACILITY ii. HEALTH CENTER/CLINIC/CLUB, GYM 7
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iii. CLUB, MULTI-PURPOSE HALL/ROOM iv. DANCE/VOICE/MUSIC, OTHER SPECIALTY STUDIO v. SPORTS/RECREATIONAL FACILITY vi. SHOWROOM/DISPLAY vii. CONVENIENCE RETAIL STORE (neighborhood service only) viii. RESTAURANT, CANTEEN, OTHER FOOD-SERVING ESTABLISHMENT ix. DAY CARE CENTER x. HOME OFFICE, provided that: The amount of traffic generated by the office will not inconvenience or disrupt access to adjacent properties and its vicinity, and National Building Code parking requirements are followed; No equipment or process shall be used in such office which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses, visual or audible interference in any radio, television or other electronic home device or appliance, or causes fluctuation in line voltage of the premises. xi. PERSONAL SERVICE/REPAIR xii. xiii. xiv. GENERAL SERVICE/REPAIR OFFICE SUPPORT SERVICE AUTO-RELATED SHOP (PARTS, SALES, SERVICE/REPAIR)
xv. SMALL-SCALE HOME INDUSTRY, provided that such industry conforms to the provisions of Section 15, (2-a-x) of this Ordinance, and all other government requirements xvi. xvii. MACHINE/METAL/WELDING/METAL/JUNK/FURNITURE SHOP CONSTRUCTION MATERIALS STORE (except lumber yard and gravel/sand dealer)
xviii. COMPUTER/INFORMATION TECHNOLOGY-RELATED ACTIVITY b. R-2B i. PRE-SCHOOL/KINDERGARTEN SCHOOL (maximum of two classrooms) ii. DAY CARE CENTER
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iii. PLACE OF RELIGIOUS WORSHIP iv. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS 3. Maximum Building Height: a. R-2A: fourteen (14) meters b. R-2B: ten (10) meters Exempted from the imposition of height regulations in R-2A and R-2B subzones are church structures, covered courts, utility and other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office. 4. Maximum Number of Dwelling Units in R-2B: The maximum number of dwelling units in an R-2B lot shall be determined as follows: A = B x 0.0016 Where: B = area in square meters of the R-2B lot A = numerical product derived by multiplying the lot area of the R-2B lot and the factor of 0.0016. To derive the maximum number of dwelling units allowable in the R-2B lot, the numerical product, A, shall be rounded off downwards to the nearest whole number, and it is this whole number that will equal the maximum number of dwelling units allowable in the R-2B lot. In no case, however, shall the maximum number of dwelling units that can be built in an R-2B lot be less than two (2). Examples of application of formula: a. 1,800 square meter R-2B lot: 1,800 multiplied by 0.0016 is equal to 2.88; therefore the maximum number of dwelling units that can be built in this lot is two (2). b. 1,000 square meter R-2B lot: 1,000 multiplied by 0.0016 is equal to 1.6; however, since the maximum number of dwelling units that can be built in an R-2B lot shall not be less than two (2), then the maximum number of dwelling units that can be built on this lot is two (2). 5. Maximum Number of Buildings in R-2B: The maximum number of buildings that can be built in an R-2B lot is one (1). One or main structures or dwelling units that are interconnected shall be considered as one building. 6. Maximum Lot Coverage in R-2B: forty percent (40%) of lot area. 8
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SECTION 16. High Density Residential Zone (R-3, composed of subzones R-3A, R-3B, R-3C, R-3D, R-3E). An R-3 zone shall be used primarily for high-density/high-rise dwellings and limited service support activities. 1. Principal Uses: a. R-3A and R-3B: i. RESIDENTIAL INN/APARTMENT/CONDOTEL/CONDOMINIUM ii. HOTEL, where it shall be allowed as a Principal Use in the following lots only: R-3A Lot 2, (LRC) Pcs-17679; R-3B Lots 1-E and 1-F, (LRC) Psd-277514 iii. OFFICE/EMBASSY, where it shall be allowed as a Principal Use only in R-3B Lots 1-E and 1-F, (LRC) Psd-277514 iv. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN v. PARKING STRUCTURE b. R-3C, R-3D and R-3E: i. RESIDENTIAL INN/APARTMENT/CONDOTEL/CONDOMINIUM ii. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN 2. Accessory Uses: a. R-3A and R-3B: i. PLACE OF RELIGIOUS WORSHIP ii. HEALTH CENTER/CLINIC/CLUB, GYM iii. CLUB, MULTI-PURPOSE HALL/ROOM iv. SPORTS/RECREATION FACILITY v. RESTAURANT, CANTEEN OR FOOD-SERVING ESTABLISHMENT, provided that, except in hotels, such restaurant, canteen, or food-serving establishment is not located on the ground or basement floor vi. DAY CARE CENTER vii. PERSONAL SERVICE/REPAIR viii. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS b. R-3C:
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i. PLACE OF RELIGIOUS WORSHIP ii. HEALTH CENTER/CLINIC/CLUB, GYM iii. CLUB, MULTI-PURPOSE HALL/ROOM iv. SPORTS/RECREATION FACILITY v. PARKING STRUCTURE vi. TRANSIT STATION/TERMINAL vii. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS c. R-3D and R-3E: i. ACCESSORY USES ALLOWED IN R-3A AND R-3B ii. SHOWROOM/DISPLAY iii. CONVENIENCE RETAIL STORE (neighborhood only) iv. RETAIL STORE (not shopping center) v. RESTAURANT, CANTEEN, OTHER FOOD-SERVING ESTABLISHMENT vi. GENERAL SERVICE/REPAIR vii. OFFICE SUPPORT SERVICE viii. BANK, FINANCE, INSURANCE, MONEY EXCHANGE SERVICE ix. PARKING STRUCTURE x. TRANSIT STATION/TERMINAL 3. Maximum Floor Area Ratio a. R-3A: sixteen (16) b. R-3B: i. Office/Embassy: eight (8) ii. Residential (Residential apartment/condotel/condominium, Hotel): sixteen (16) iii. Mixed Office/Embassy and Residential: between eight (8) and sixteen (16), depending on the space allocated for Office/Embassy and Residential use. The allowable GFA shall be determined as follows: Compute maximum GFA of Office/Embassy space on the basis of FAR 8; Subtract actual GFA of Office/Embassy space from the maximum GFA of 9
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Office/Embassy space, leaving a balance for Residential use (Note: actual GFA of Office/Embassy space should not exceed maximum GFA of Office/Embassy space); Apply a one-hundred-percent (100%) increase to the remaining balance to arrive at the maximum GFA of Residential space. For this purpose, any lobby or other common area or support use not specifically dedicated to Office/Embassy or Residential use shall be allocated to such uses in proportion to their GFA. c. R-3C: six (6) d. R-3D: nine (9) e. R-3E: twelve (12) 4. Conditional R-3C Classification in Guadalupe Viejo Area: The REC-3 zone bounded by Gumamela Street (north), Camia Street (east), Amapola Street (south), and Estrella Street (west), shall be classified as an R-3C subzone subject to the following conditions: a. Estrella Street is widened by a minimum of two lanes from Amapola to J.P. Rizal Street. b. An environmental impact study of the classification of the REC-3 zone into R-3C subzone shall be conducted by a reputable consulting firm/s. Such study should include an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues, and the identification of appropriate mitigation measures such as restriction/regulation of lot access from Estrella Street, additional road widening, protection of existing trees, creation of appropriate buffer zones with adjacent residential lots, and specific land use controls. c. The results and recommendations of the study shall be used as a basis for further consultation with affected residents, and the formulation of a master development plan that is acceptable to the affected residents and community and will guide the actual redevelopment of the area. Non-compliance with these conditions means that the REC-3 zone classification of the affected lots is retained. SECTION 17. Low Density Commercial/Mixed Use Zone (C-1, composed of subzones C-1A, C-1B
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and C1-C). This zone shall be used primarily for mixed use and commercial developments on a local scale. 1. Principal Uses: a. C1-A and C1-B: i. PRINCIPAL USES ALLOWED IN R-2 AND R-3 ZONES ii. HOTEL iii. PRE-SCHOOL, KINDERGARTEN SCHOOL, ELEMENTARY SCHOOL, HIGH SCHOOL iv. COLLEGE/UNIVERSITY, CULTURAL/EDUCATIONAL CENTER v. SPECIALTY SCHOOL/TRAINING FACILITY vi. GOVERNMENT FACILITY vii. AUDITORIUM, THEATER, PERFORMANCE/CIVIC CENTER viii. CONVENTION/MEETINGS FACILITY ix. CONVENT, SEMINARY AND RELATED USES x. HEALTH CENTER/CLINIC/CLUB, GYM xi. SANITARIUM, NURSING/CONVALESCENT HOME xii. GENERAL/SPECIALIZED HOSPITAL, MEDICAL CENTER xiii. CLUB/MULTI-PURPOSE HALL/ROOM xiv. DANCE/VOICE/MUSIC, OTHER SPECIALTY STUDIO xv. SPORTS/RECREATION FACILITY xvi. SPORTS STADIUM/RACETRACK xvii. ZOO, OTHER NATURE CENTER xviii. SHOWROOM/DISPLAY xix. CONVENIENCE RETAIL STORE (neighborhood only) xx. RETAIL STORE (not shopping center) xxi. SPORTING GOODS/SOUVENIR SHOP xxii. SUPERMARKET/FOOD STORE xxiii. WET/DRY MARKET xxiv. WHOLESALE STORE/DISTRIBUTOR 10
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xxv. RESTAURANT, CANTEEN, OTHER FOOD-SERVING ESTABLISHMENT xxvi. NIGHT CLUB, DISCO, DANCE HALL, VIDEOKE/KARAOKE xxvii. ENTERTAINMENT/AMUSEMENT CENTER xxviii. CINEMA xxix. DAY CARE CENTER xxx. OFFICE xxxi. PERSONAL SERVICE/REPAIR xxxii. MASSAGE/SAUNA/BATHHOUSE ESTABLISHMENT xxxiii. GENERAL SERVICE/REPAIR xxxiv. OFFICE SUPPORT SERVICE xxxv. BANK, FINANCE, INSURANCE, MONEY EXCHANGE SERVICE xxxvi. LOTTERY STATION, AUTHORIZED BETTING/GAMBLING ACTIVITY xxxvii. PAWNSHOP xxxviii. FUNERAL/MEMORIAL SERVICE xxxix. AUTO-RELATED SHOP (PARTS, SALES, REPAIR/SERVICE) xl. PETROL FILLING/SERVICE STATION xli. SMALL SCALE HOME INDUSTRY xlii. MACHINE/WELDING/METAL/JUNK/FURNITURE SHOP xliii. CONSTRUCTION MATERIALS STORE, LUMBER YARD, GRAVEL/SAND DEALER xliv. COMPUTER/INFORMATION TECHNOLOGY-RELATED ACTIVITY xlv. RADIO/TELEVISION STATION, MEDIA SERVICE xlvi. TRANSIT STATION/TERMINAL xlvii. WAREHOUSE/STORAGE FACILITY b. C1-C: i. Principal uses allowed in R-2 and R-3 Zones ii. RETAIL STORE (not including shopping center and pet/livestock shop) iii. SPORTING GOODS/SOUVENIR SHOP iv. GROCERY/FOOD STORE
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v. RESTAURANT, CANTEEN, OTHER FOOD SERVING ESTABLISHMENT vi. OFFICE (including embassy, professional practice, messengerial/ communication services and other offices which entail no storage of commodities in bulk) vii. PERSONAL SERVICE/ REPAIR (including dress and tailoring shop but excluding massage parlor, gym and spa) viii. OFFICE SUPPORT SERVICE ix. LIBRARIES, MUSEUMS AND OTHER CULTURAL INSTITUTIONS x. SPECIALTY SCHOOL/TRAINING FACILITY xi. BANK, FINANCE, INSURANCE, MONEY EXCHANGE SERVICE xii. RESIDENCE, APARTMENT, TOWN HOUSE, APARTEL AND INN xiii. PARKING STRUCTURE xiv. DANCE/VOICE/MUSIC AND OTHER SPECIALTY STUDIO xv. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN xvi. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS xvii. PUBLIC UTILITY FACILITY Note: The allowable land uses in C-1C subzone shall not be interpreted to include any of the following: girlie bar, disco, beer garden, karaoke bar with GRO, pub house, billiard hall, bowling alley, betting station, lottery station, authorized betting/gambling activity, church and other place of worship, funeral parlor, mortuary, crematory. 2. Maximum Floor Area Ratio: a. C-1A: four (4) b. C-1B: two (2), which shall apply to the total or gross land area of the subzone 3. Maximum Building Height: For C1-C: fourteen (14) meters 4. Maximum Lot Coverage: For C1-C: eighty-five percent (85%) 11
5. Conditional C-1A Classification in Guadalupe Viejo Area: The southwest portion of the R-2A subzone bounded by C-1A lot (north), Camia Street (east), Gumamela Street (south), and Estrella Street (west), occupied as of the time that this ordinance is passed by the S.C Johnson and Company, shall be classified as a C-1A subzone subject to the following conditions:
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a. Estrella Street is widened by a minimum of two lanes from Amapola to J.P. Rizal Street. b. An environmental impact study of the classification of the R-2A lots into C-1A lots shall be conducted by a reputable consulting firm/s. Such study should include an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues, and the identification of appropriate mitigation measures such as restriction/regulation of lot access from Estrella Street, additional road widening, protection of existing trees, creation of appropriate buffer zones with adjacent residential lots, and specific land use controls. c. The results and recommendations of the study shall be used as a basis for further consultation with affected residents, and the formulation of a master development plan that is acceptable to the affected residents and community and will guide the actual redevelopment of the area. Non-compliance with these conditions means that the R-2A subzone classification of the affected lots is retained. SECTION 18. Medium Density Commercial/Mixed Use Zone (C-2, composed of subzones C-2A and C-2B). This zone shall be used primarily for medium density mixed use and commercial developments. 1. Principal Uses: a. PRINCIPAL USES ALLOWED IN C-1 ZONE b. SHOPPING CENTER 2. Maximum Floor Area Ratio: a. C-2A: four (4), provided that, if the owners of all affected lots within the two C-2A subzones provide the right-of-way to allow for the widening of both sides of Chino Roces Avenue by one vehicular lane (at least 3.5 meters wide), then lots within the two subzones will be governed by a maximum FAR of six (6). (However, the area provided for the road widening in each lot shall be included in the computation of the maximum FAR of the lot.) b. C-2B: six (6) SECTION 19. High Density Commercial/Mixed Use Zone (C-3, composed of subzones C-3A, C-3B, C-3C, C-3D, C-3E, C-3F, C-3G, and C-3H). This zone shall be used primarily for high density mixed use and commercial developments on a metropolitan scale of operations. 1. Principal Uses:
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a. C-3A, C-3B, C-3C: PRINCIPAL USES ALLOWED IN C-2 ZONE b. C-3D, C-3E, C-3F, C-3G, C-3H: i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT ii. HOTEL iii. PRE-SCHOOL, KINDERGARTEN SCHOOL, ELEMENTARY SCHOOL, HIGH SCHOOL iv. COLLEGE/UNIVERSITY, CULTURAL/EDUCATIONAL CENTER v. SPECIALTY SCHOOL/TRAINING FACILITY vi. COMMUNITY/VILLAGE ASSOCIATION OFFICE vii. AUDITORIUM, THEATER, PERFORMANCE/CIVIC CENTER viii. LIBRARY, MUSEUM, EXHIBIT AREA, ART GALLERY ix. CONVENTION/MEETINGS FACILITY x. PLACE OF RELIGIOUS WORSHIP xi. HEALTH CENTER/CLINIC/CLUB, GYM xii. GENERAL/SPECIALIZED HOSPITAL, MEDICAL CENTER xiii. CLUB/MULTI-PURPOSE HALL/ROOM xiv. DANCE/VOICE/MUSIC, OTHER SPECIALTY STUDIO xv. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN xvi. SPORTS/RECREATION FACILITY xvii. SHOWROOM/DISPLAY xviii. RETAIL STORE xix. SPORTING GOODS/SOUVENIR SHOP xx. SUPERMARKET/FOOD STORE xxi. SHOPPING CENTER xxii. RESTAURANT, CANTEEN, OTHER FOOD-SERVING ESTABLISHMENT xxiii. NIGHT CLUB, DISCO, DANCE HALL, VIDEOKE/KARAOKE xxiv. ENTERTAINMENT/AMUSEMENT CENTER xxv. CINEMA xxvi. OFFICE 12
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xxvii. PERSONAL SERVICE/REPAIR xxviii. MASSAGE/SAUNA/BATHHOUSE ESTABLISHMENT xxix. GENERAL SERVICE/REPAIR xxx. OFFICE SUPPORT SERVICE xxxi. BANK, FINANCE, INSURANCE, MONEY EXCHANGE SERVICE xxxii. PAWNSHOP xxxiii. PETROL FILLING/SERVICE STATION xxxiv. PARKING STRUCTURE xxxv. COMPUTER/INFORMATION TECHNOLOGY-RELATED ACTIVITY xxxvi. RADIO/TELEVISION STATION, MEDIA SERVICE xxxvii. TRANSIT STATION/TERMINAL xxxviii. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS xxxix. PUBLIC UTILITY FACILITY 2. Maximum Floor Area Ratio: a. C-3A: sixteen (16) b. C-3B: i. Non-residential: eight (8) ii. Residential (Residential apartment/condotel/condominium, Hotel): sixteen (16) iii. Mixed Non-residential and Residential: between eight (8) and sixteen (16), depending on the space allocated for Residential and Non-residential use. The allowable GFA shall be determined as follows: Compute maximum GFA of Non-residential space on the basis of FAR 8; Subtract actual GFA of Non-residential space from the maximum GFA of Non-residential space, leaving a balance for Residential use (Note: actual GFA of Non-residential space should not exceed maximum GFA of Nonresidential space); Apply a one-hundred-percent (100%) increase to the remaining balance to arrive at the maximum GFA of Residential space. For this purpose, any lobby
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or other common area or support use not specifically dedicated to Nonresidential or Residential use shall be allocated to such uses in proportion to their GFA. c. C-3C: eight (8) d. C-3D: six (6) e. C-3E: nine (9) f. C-3F: twelve (12) g. C-3G: fifteen (15) h. C-3H: eighteen (18) SECTION 20. Central Business District Zone (C-4, composed of subzones C-4A, C-4B, C-4C, C-4D, C-4E, C-4F, C-4G, and C-4H). This central business district zone shall be used primarily for high density office and residential developments on a metropolitan scale of operations, with miscellaneous support uses. 1. Principal Uses allowed in C-4 zone, except that for certain subzones/lots, Section 20 (2 and 3) shall govern the Principal Uses to which such subzones/lots shall be devoted: a. OFFICE b. BANK, FINANCE, INSURANCE, MONEY EXCHANGE SERVICE c. COLLEGE/UNIVERSITY, CULTURAL/EDUCATIONAL CENTER d. SPECIALTY SCHOOL/TRAINING FACILITY e. PLACE OF RELIGIOUS WORSHIP f. GENERAL/SPECIALIZED HOSPITAL, MEDICAL CENTER g. AUDITORIUM/THEATER/PERFORMANCE CENTER (not commercial cinema) h. LIBRARY, MUSEUM, EXHIBIT AREA, ART GALLERY i. CONVENTION/MEETINGS FACILITY j. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN k. PARKING STRUCTURE l. COMPUTER/INFORMATION TECHNOLOGY-RELATED SERVICE ACTIVITY m. RADIO/TELEVISION STATION, MEDIA SERVICE
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n. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS o. PUBLIC UTILITY FACILITY 13
2. Additional Principal Uses allowed in specific C-4 subzones/lots: a. C-4A: HOTEL, where it shall be allowed as an additional Principal Use only in Lot 1, (LRC) Psd-293128 b. C-4B: HOTEL, where it shall be allowed as an additional Principal Use only in Lots 2-A-2A and 2-A-2-B, (LRC) Psd 215710 and Lots 1 and 2, Pcs-00-007133 c. C-4C: i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT ii. HOTEL d. C-4D: i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT, where it shall be allowed as an additional Principal Use only in: Lots 1 and 2, (LRC) Pcs-18131; and Lot 4-B1, Psd-00-034959 ii. HOTEL, where it shall be allowed as an additional Principal Use only in Lots 1 and 2, (LRC) Pcs-18131; and Lot 4-B-1, Psd-00-034959 e. C-4E and C-4F i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT ii. PETROL FILLING/SERVICE STATION, where it shall be allowed as an additional Principal Use only in lots fronting Gil Puyat Avenue, Amorsolo Street, or Arnaiz Avenue f. C-4H: i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT ii. PETROL FILLING/SERVICE STATION, where it shall be allowed as an additional Principal Use only in lots fronting Edsa or Gil Puyat Avenue 3. Principal Uses which shall be the only Principal Use allowed in the following lots: a. C-4B: MEDICAL CENTER, where it shall be the only Principal Use allowed in Lot 2-A-1-A, (LRC) Psd 30865
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b. C-4E and C-4F: i. PLACE OF RELIGIOUS WORSHIP, where it shall be the only Principal Use allowed in: Lot 1 Pcs-00-007739; Lots 2 and 3, Block 2, (LRC) Pcs-6820; Lot 1, Block 13, (LRC) Pcs-8496; Lot 9, Block 15, (LRC) Pcs-6820; Lots 1,2, 3, and 4, (LRC) Pcs1282 ii. CULTURAL AND EDUCATIONAL CENTER, where it shall be the only Principal Use allowed in Lot 1, Block 14, (LRC) Pcs-6254 iii. COLLEGE/UNIVERSITY/EDUCATIONAL RESEARCH CENTER, where it shall be the only Principal Use allowed in: Lots 1-9 Block 17, (LRC) Pcs-8081; Lot 2 Pcs00008307 iv. PARKING/PARKING STRUCTURE, PLAYGROUND, SPORTS FIELD/COURT, GARDEN, UTILITY FACILITY, where it shall be the only Principal Use allowed in the following lots: Lot 1, Psd-007602-029408-D Lot 2, Psd-007602-029408-D Lot 1, (LRC) Psd-209535 Lot 3-A, Psd-13-012797 4. Accessory Uses: a. RESIDENTIAL UNIT AT PENTHOUSE LEVEL ONLY, where it shall be allowed as an Accessory Use only in: i. C-4A, C-4B, and C-4G ii. C-4D: Lots 1, 2, 3, (LRC) Psd-26990 only b. HEALTH CENTER/CLINIC/CLUB, GYM c. CLUB/MULTI-PURPOSE HALL/ROOM d. DANCE/VOICE/MUSIC, OTHER SPECIALTY STUDIO e. SPORTS/RECREATION FACILITY f. SHOWROOM/DISPLAY g. DAY CARE CENTER
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h. OFFICE SUPPORT SERVICE, COMMUNITY/ASSOCIATION OFFICE i. PERSONAL SERVICE/REPAIR 14
j. PETROL FILLING KIOSK, with no other retail/service activity. Except in lots where Petrol/filling station is allowed as a Principal Use, a Petrol filling kiosk, with no other service/retail activity, shall be allowed only within parking areas/structures. This Accessory Use shall be subject to applicable government and other safety regulations. k. TRANSIT STATION/TERMINAL 5. Additional Accessory Uses allowed in C-4 lots where the Primary Use is limited to either Medical center, Place of religious worship, Cultural and educational center, College/university/educational research center, or Parking/parking structure, playground, sports field/court, garden, utility facility, as specified in Section 20 (3) of this Ordinance: a. PLACE OF RELIGIOUS WORSHIP b. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN c. PARKING STRUCTURE d. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS e. PUBLIC UTILITY FACILITY 6. Additional Accessory Uses allowed in C4 lots: CONVENIENCE/RETAIL STORE (neighborhood scale only), and RESTAURANT, CANTEEN OR FOOD-SERVING ESTABLISHMENT The additional accessory uses listed above (Article V, Section 20-6) are intended to encourage pedestrian traffic in lieu of vehicular traffic and, therefore, shall cater principally to its immediate, pedestrian-based community. These additional accessory uses shall be allowed subject to the following conditions: a. The total Gross Floor Area occupied by the additional accessory uses does not exceed onefifth (0.20) FAR, exclusive of the Gross Floor Area occupied by restaurants, canteens, and food-serving establishments located at and/or above the second floor of a building. b. Vehicular/service access required by these additional accessory uses is limited to Access and Service Roads, or in the absence of frontage to such Access or Service Roads, to Side Streets or Principal Streets as defined in Annex B. In C4-H subzone, vehicular/service access to the
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additional accessory uses shall be limited to Jupiter Street, Malugay Street and Metropolitan Avenue. Vehicular entrances and exits shall further comply with the provisions of Article VI, Section 34 (2) of this Ordinance. c. Improvements in parking, pedestrian, service and other facilities for public use will be required as a condition for the establishment of the accessory uses listed in Article V, Section 20 (6) in C4 lots. d. For the purpose of creating a fund for the construction, installation and establishment of the necessary improvements in parking, pedestrian, service and other facilities for public use, a one-time retail permit fee is hereby imposed under the following conditions: i. The retail permit fee shall be due from and payable by: (1) every lot owner or building owner who seeks to convert the use of the ground floor or basement of his building to retail use by allowing a new retail store seeking to sell non-food items, or a new restaurant, canteen or other foodserving establishment, to operate in the ground or basement of his building; (2) every lot owner or building owner who seeks to convert the use of the upper floors of his building from the second floor to retail use by allowing a new retail store seeking to sell non-food items to operate in any of the upper floors; and (3) every lot owner or building owner who at the time of the approval of this Ordinance has allowed an existing retail store selling non-food items to operate in any of the floors of his building, or who at the time of the approval of this Ordinance has allowed an existing restaurant, canteen or other food-serving establishment to operate in the ground floor or basement of his building. ii. The retail permit fee shall not be required in connection with the operation of new or existing retail stores, restaurants, canteens, and food-serving establishments in Hotels. iii. The retail permit fee shall be due from and payable by a lot owner or building owner under sub-clauses (i)(1) and (i)(2) hereof upon the issuance of the occupancy permit for the new retail store or new restaurant, canteen or other food-serving
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establishment. The retail permit fee shall be due from and payable by a lot owner or building owner under sub-clause (i)(3) hereof upon the renewal in 2001 of the business permit of the retail store, restaurant, canteen or other food-serving establishment, existing at the time of the approval of this Ordinance. Nothing in this Ordinance shall prohibit a lot owner or building owner from shifting the obligation to pay the retail permit fee required under this Ordinance to the owner or operator of the retail store, restaurant, canteen or other food-serving establishment. 15
iv. A lot owner or building owner who has paid or who has caused the payment of the retail permit fee in a given year in accordance with the requirements of this Ordinance shall not be liable for the payment of a retail permit fee in subsequent years. v. The retail permit fee to be paid in the year in which this Ordinance is approved shall be Pesos Two Thousand (P 2,000.00) per square meter of the Gross Floor Area equivalent to one-fifth (0.20) FAR. The amount of the retail permit fee shall increase by ten percent (10%) annually, commencing in 2001: provided that, beginning year 2005 and at the end of every successive five-year period thereafter, the increase shall be subject to review and adjustment. vi. Retail permit fees shall be deposited in a special fund which shall be used solely
to finance the improvement of parking, pedestrian, service and other facilities for public use, as maybe necessary. Nothing in this Ordinance shall prohibit a lot owners association from requiring the payment of a special assessment from any member who wishes to avail itself of any of these accessory uses allowed under Article V Section 20-6 and from using these special assessments to fund improvements in parking, pedestrian, service and other facilities for public use as part of the private sector initiative. c. Existing retail stores or restaurants, canteens, or other food-serving establishments, except for those in Hotels, that exceed the 0.20 FAR limit, exclusive of restaurants, canteens, or other food serving establishments located at and/or above the second floor of a building, shall
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be considered non-conforming uses and shall be subject to the provisions of Section 48 of this Ordinance. 7. Maximum Floor Area Ratio: a. C-4A, C-4B, C-4C, and C-4D: sixteen (16) b. C-4E and C-4F: i. Non-residential: eight (8) ii. Residential (Residential condominium/condotel, apartment, Hotel): sixteen (16) iii. Mixed Non-residential and Residential: between eight (8) and sixteen (16), depending on the space allocated for Non-residential and Residential use. In this case, the allowable GFA shall be determined as follows: Compute maximum GFA of Non-residential space on the basis of FAR 8; Subtract actual GFA of Non-residential space from the maximum GFA of Non-residential space, leaving a balance for Residential use (Note: actual GFA of Non-residential space should not exceed maximum GFA of Nonresidential space); Apply a one-hundred-percent (100%) increase to the remaining balance to arrive at the maximum GFA of Residential space. For this purpose, any lobby or other common area or support use not specifically dedicated to either Nonresidential or Residential use shall be allocated to such uses in proportion to their GFA. c. C-4G: twelve (12) d. C-4H: six (6), provided that, if all affected lots within C-4H subzone provide the right-of-way to allow for: i. construction of a full width (at least 4 lanes) road connection between Malugay and Jupiter Streets; and ii. future widening of Malugay and Jupiter Streets by a minimum of 4.5 meters; then lots within C-4H subzone will be governed by a maximum FAR of eight (8). (However, the area allocated for the road connection and widening in each lot shall be included in the computation of the maximum FAR of the lot; provided that the relevant instrument allocating
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such area for road connection and widening is annotated on the Certificate of Title for such lot) e. For all lots in C-4 zone, the GFA devoted exclusively for permanent use as theater/performance center (non-commercial cinema use), museum, and art gallery shall be excluded from the computation of the maximum allowable FAR. In no case, however, shall the total area excluded from the computation of the maximum allowable FAR for this purpose exceed 0.5 FAR. SECTION 21. Institutional/Mixed Use Zones (INS-1 and INS-2): These zones shall be used primarily for government, religious, cultural, educational, medical, civic, residential and supporting commercial and service uses. 16
1. Principal Uses: a. PRINCIPAL USES ALLOWED IN R-2 ZONE b. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN c. COLLEGE/UNIVERSITY, CULTURAL/EDUCATIONAL CENTER d. SPECIALTY SCHOOL/TRAINING FACILITY e. GOVERNMENT FACILITY f. AUDITORIUM, THEATER, PERFORMANCE/CIVIC CENTER (not commercial cinema) g. CONVENTION/MEETINGS FACILITY h. CONVENT, SEMINARY, AND RELATED USES i. HEALTH CENTER/CLINIC/CLUB, GYM j. SANITARIUM, NURSING/CONVALESCENT HOME k. GENERAL/SPECIALIZED HOSPITAL, MEDICAL CENTER l. CLUB/MULTI-PURPOSE HALL/ROOM m. SPORTS/RECREATION FACILITY n. SPORTS STADIUM, RACETRACK o. ZOO, OTHER NATURE CENTER p. DAY CARE CENTER q. OFFICE SUPPORT SERVICE
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r. PARKING STRUCTURE s. COMPUTER/INFORMATION TECHNOLOGY-RELATED ACTIVITY t. RADIO/TV STATION, MEDIA SERVICE u. TRANSIT STATION/TERMINAL v. MILITARY BASE/CAMP/RESERVATION, which shall be allowed as a Principal Use only in INS-2 zone 2. Accessory Uses: a. SHOWROOM/DISPLAY b. RETAIL STORE (not department store or shopping center) c. RESTAURANT, CANTEEN, OTHER FOOD-SERVING ESTABLISHMENT d. PETROL FILLING/SERVICE STATION e. SMALL-SCALE HOME INDUSTRY f. MACHINE/WELDING/METAL/JUNK/FURNITURE SHOP g. CONSTRUCTION MATERIALS STORE (except lumber yard, gravel/sand) 3. Maximum Floor Area Ratio: a. INS-1: four (4) b. INS-2: two (2), which shall apply to the total or gross land area of the zone SECTION 22. Government Center Zone (GCZ): This zone shall be used primarily for Makati City government functions, institutional and civic activities, and supporting local community uses. 1. Principal Uses: PRINCIPAL USES ALLOWED IN INS-1 ZONE 2. Accessory Uses: a. ACCESSORY USES ALLOWED IN INS-1 ZONE b. OFFICE c. PERSONAL SERVICE/REPAIR d. GENERAL SERVICE/REPAIR e. BANK, FINANCE, INSURANCE, MONEY EXCHANGE SERVICE f. LOTTERY STATION, AUTHORIZED BETTING/GAMBLING ACTIVITY g. PAWNSHOP
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h. FUNERAL/MEMORIAL SERVICE i. AUTO-RELATED SHOP (PARTS, SALES, REPAIR/SERVICE) 3. Maximum Floor Area Ratio: four (4), which shall apply only to the gross land area of Makati City government property in the GCZ zone 4. Maximum Building Height: fourteen (14) meters, which shall apply to the area of the GCZ zone not covered by a maximum FAR. 17
SECTION 23. Recreational Zones (REC-1, REC-2, and REC-3): These zones shall be used primarily for recreational uses. 1. Principal Uses: a. REC-1: PARK, PLAYGROUND, GARDEN, AVIARY, ZOO AND OTHER NATURE CENTER, with customary park structures such as park office, gazebo, clubhouse, and sports field/court b. REC-2 and REC-3 i. PARK, PLAYGROUND, GARDEN, AVIARY, ZOO AND OTHER NATURE CENTER, with customary park structures such as park office, gazebo, clubhouse, and sports field/court ii. SPECIALTY SCHOOL/TRAINING FACILITY iii. HEALTH CENTER/CLINIC/CLUB, GYM iv. CLUB/MULTI-PURPOSE HALL/ROOM v. DANCE/VOICE/MUSIC, OTHER SPECIALTY STUDIO vi. SPORTS/RECREATION FACILITY vii. SPORTS STADIUM, RACETRACK 2. Accessory Uses: a. REC-1: i. COMMUNITY/VILLAGE ASSOCIATION OFFICE ii. FIRE/SECURITY STATION iii. PLACE OF RELIGIOUS WORSHIP iv. MULTI-PURPOSE HALL/ROOM v. SPORTS/RECREATION FACILITY
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vi. DAY CARE CENTER vii. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS viii. PUBLIC UTILITY FACILITY b. REC-2 and REC-3: i. ACCESSORY USES ALLOWED IN REC-1 ZONE ii. AUDITORIUM, THEATER, PERFORMANCE/CIVIC CENTER iii. LIBRARY, MUSEUM, EXHIBIT AREA, ART GALLERY iv. SPORTING GOODS/SOUVENIR SHOP v. RESTAURANT, CANTEEN, OTHER FOOD-SERVING ESTABLISHMENT vi. PERSONAL SERVICE/REPAIR vii. MASSAGE/SAUNA/BATHHOUSE FACILITY viii. PARKING STRUCTURE 3. Maximum Floor Area Ratio: REC-3: four (4) 4. Maximum Building Height: a. REC-1: ten (10) meters b. REC-2: fourteen (14) meters Exempted from the imposition of height regulations in REC-1 and REC-2 zones are church structures, covered courts, utility and other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office. 5. Maximum Lot Coverage: REC-1 and REC-2: twenty-five percent (25%). The 25% maximum lot coverage shall apply to the total land area of a specific REC-1 or REC-2 zone. However, a REC-1 or REC-2 zone that exceeds this maximum lot coverage as of the date of effectivity of this Ordinance shall be allowed to maintain but not expand its lot coverage. SECTION 24. Open Space (OPN): This zone shall be used as open space for parks and playgrounds. 1. Principal Uses: a. PARKLETS OR POCKET PARKS b. PARKWAYS AND PROMENADES c. PLAYGROUND AND PLAYLOTS 18
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2. Vertical structures: Except for minor structures that are integral to a park or playground, no vertical structures shall be allowed in this zone.
SECTION 25. Riverside Development Zone (RDZ): This zone shall be used primarily for outdoor park and related activities and supporting commercial, cultural, entertainment, and tourist-oriented developments. Developments in RDZ zone shall conform to a master development plan prepared for this zone. The RDZ master development plan shall feature and preserve an overall park and open space character for the area of the RDZ zone fronting the Pasig River, north of J.P. Rizal Street/GuadalupePateros Road, A. Bonifacio Street, and future extensions of A. Bonifacio Street. The rest of RDZ zone shall feature a medium density recreational, entertainment, pedestrian- and tourism-oriented character. The formulation of the RDZ master development plan shall involve consultation with affected residents and shall be based on a study conducted by a reputable consulting firm/s that assesses the potential impact of proposed uses and structures on traffic, accessibility, utilities, and other potential environmental issues. 1. Principal Uses in the absence of an officially approved RDZ master development plan: a. For lots in the area of the zone fronting the Pasig River, north of J.P. Rizal Street/GuadalupePateros Road, A. Bonifacio Street, and future extensions of A. Bonifacio Street: i. PARK, PLAYGROUND, GARDEN, AVIARY, ZOO AND OTHER NATURE CENTER, with customary park structures such as park office and maintenance facilities, gazebo, amphitheater, clubhouse, and sports field/court ii. COMMUNITY/VILLAGE ASSOCIATION OFFICE iii. DAY CARE CENTER iv. FIRE/SECURITY STATION v. PLACE OF RELIGIOUS WORSHIP vi. SPORTS/RECREATION FACILITY vii. TRANSIT STATION/TERMINAL viii. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS ix. PUBLIC UTILITY FACILITY
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b. For lots in the rest of the zone: i. PRINCIPAL USES ALLOWED IN R-2 ZONE ii. GOVERNMENT FACILITY 2. Additional Principal Uses that may be allowed subject to their conformity with an officially approved RDZ master development plan: a. For lots in the area of the zone fronting the Pasig River, north of J.P. Rizal Street/GuadalupePateros Road, A. Bonifacio Street, and future extensions of A. Bonifacio Street: i. SPECIALTY SCHOOL/TRAINING FACILITY ii. AUDITORIUM, THEATER, PERFORMANCE/CIVIC CENTER iii. LIBRARY, MUSEUM, EXHIBIT AREA, ART GALLERY iv. HEALTH CENTER/CLINIC/CLUB, GYM v. CLUB/MULTI-PURPOSE HALL/ROOM vi. DANCE, VOICE, MUSIC, OTHER SPECIALTY STUDIO vii. SOUVENIR SHOP viii. RESTAURANT b. For lots in the rest of the zone: i. HOTEL ii. SPECIALTY SCHOOL/TRAINING FACILITY iii. AUDITORIUM, THEATER, PERFORMANCE/CIVIC CENTER iv. HEALTH CENTER/CLINIC/CLUB, GYM v. CLUB/MULTI-PURPOSE HALL/ROOM vi. DANCE/VOICE/MUSIC, OTHER SPECIALTY STUDIO vii. SPORTS/RECREATIONAL FACILITY viii. ZOO, OTHER NATURE CENTER ix. SHOWROOM/DISPLAY x. RETAIL STORE xi. RESTAURANT, CANTEEN, OTHER FOOD-SERVING ESTABLISHMENT xii. NIGHT CLUB, DISCO, DANCE HALL, VIDEOKE/KARAOKE
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xiii. ENTERTAINMENT/AMUSEMENT CENTER xiv. CINEMA xv. DAY CARE CENTER xvi. OFFICE xvii. PERSONAL SERVICE/REPAIR xviii. GENERAL SERVICE/REPAIR xix. OFFICE SUPPORT SERVICE xx. MASSAGE/SAUNA/BATHHOUSE ESTABLISHMENT xxi. BANK, FINANCE, INSURANCE, MONEY EXCHANGE SERVICE xxii. LOTTERY STATION, AUTHORIZED BETTING/GAMBLING ACTIVITY xxiii. PAWNSHOP xxiv. AUTO-RELATED SHOP (PARTS, SALES, REPAIR/SERVICE) xxv. PETROL FILLING/SERVICE STATION xxvi. PARKING STRUCTURE xxvii. SMALL-SCALE HOME INDUSTRY xxviii. MACHINE/WELDING/METAL/JUNK/FURNITURE SHOP xxix. COMPUTER/INFORMATION TECHNOLOGY-RELATED ACTIVITY xxx. RADIO/TV STATION, MEDIA SERVICE xxxi. TRANSIT STATION/TERMINAL xxxii. WAREHOUSE/STORAGE FACILITY 3. Accessory Uses in the absence of an officially approved RDZ master development plan: a. For lots in the area of the zone fronting the Pasig River, north of J.P. Rizal Street/GuadalupePateros Road, A. Bonifacio Street, and future extensions of A. Bonifacio Street: i. LIBRARY, MUSEUM, EXHIBIT AREA, ART GALLERY ii. HEALTH CENTER/CLINIC/CLUB, GYM iii. CLUB/MULTI-PURPOSE HALL/ROOM b. For lots in the rest of the zone: ACCESSORY USES ALLOWED IN R-2 ZONE 4. Maximum Building Height: 19
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a. For lots in the area of the zone fronting the Pasig River, north of J.P. Rizal Street/GuadalupePateros Road, A. Bonifacio Street, and future extensions of A. Bonifacio Street: ten (10) meters b. For lots in the rest of the zone: fourteen (14) meters Exempted from the imposition of height regulations in RDZ zone are church structures, covered courts and theaters, utility and other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office. 5. Maximum Lot Coverage: For lots in the area of the zone fronting the Pasig River, north of J.P. Rizal Street/Guadalupe-Pateros Road, A. Bonifacio Street, and future extensions of A. Bonifacio Street: twenty-five percent (25%) SECTION 26. Cemetery Zone (CEM): This zone shall be used primarily for burial and related activities. 1. Principal Uses: a. CEMETERY, with customary ancillary uses such as cemetery administration, service, and maintenance facilities b. CREMATORIUM c. PLACE OF RELIGIOUS WORSHIP d. MAUSOLEUM e. PARK, PLAYGROUND, GARDEN, AVIARY, ZOO AND OTHER NATURE CENTER 2. Accessory Uses: a. PARKING STRUCTURE b. FIRE/SECURITY STATION c. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS d. PUBLIC UTILITY FACILITY 3. Maximum Building Height: ten (10) meters Exempted from the imposition of height regulations in CEM zone are monuments, obelisks, and other commemorative structures, as well as church, utility and other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office. SECTION 27. Utility Zone (UTL): This zone shall be used primarily for utility functions. 20
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1. Principal Uses: a. PUBLIC UTILITY FACILITY b. UTILITY INSTALLATION FOR USE OF ZONE/LOT OCCUPANTS c. PARKING STRUCTURE d. TRANSIT STATION/TERMINAL/DEPOT, TRANSPORTATION INFRASTRUCTURE e. PARK, PLAYGROUND, GARDEN, AVIARY, ZOO AND OTHER NATURE CENTER 2. Accessory Uses: a. PETROL FILLING KIOSK, with no other retail/service activity, which shall be allowed only within parking areas/structures. This Accessory Use shall be subject to applicable government and other safety regulations. b. FIRE/SECURITY STATION SECTION 28. Additional FAR Provision for Transit-based Developments. In all commercial zones (C-1, C-2, C-3, C-4), a building or structure that is within a 200 meter walking distance from an existing LRT or commuter rail station will be allowed to build one (1) FAR higher than the maximum FAR specified in Article V of this Ordinance for the zone or subzone where the building or structure is located, provided that the building owner or developer builds and maintains, at his cost, a direct, sheltered pedestrian link from his building to the transit station as approved by the Building Official. As determined by the Building Official and in consultation with concerned transit authorities, this link must be of sufficient dimension to accommodate public pedestrian volumes and must be kept open, safe, and welllighted for the use of the general public at least during a period that extends before and after regular working hours. Article VI GENERAL ZONE REGULATIONS SECTION 29. Area Regulations. Area regulation in all zones shall conform to the minimum requirements of the following statutes and regulations: 1. PD 957 - the Subdivision and Condominium Buyers Protective Law and its revised implementing rules and regulations; 2. BP 200 - Promulgation of Different Levels of Standards and Technical Requirements for Economic
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and Socialized Housing Projects and its revised implementing rules and regulations; 3. PD 1096 - National Building Code and its Implementing Rules and Regulations; 4. Fire Code; Sanitation Code; Plumbing Code; Structural Code; 5. EO 648; and regulations promulgated by the national agencies concerned. SECTION 30. Building or Structure Use. No building, structure, or land shall hereafter be occupied or used and no building or structure or part thereof shall be constructed or structurally altered except in conformity with the provisions of this Ordinance. SECTION 31. Lot Use. Two or more lots may be used for a single building. Two or more lots may be consolidated into a single lot, which may later be re-subdivided, except that in R-1, R-2B, R-3, C-3D, C3E, C-3F, C-3G, C-3H and C-4 zones/subzones, a lot cannot be subdivided. But two or more lots in these zones/subzones may be consolidated into a single lot that the owner may later re-subdivide into the original number of lots or less, as follows: 1. In R-1 and R-2B zone/subzone, a consolidated lot may only be re-subdivided into their original lot boundaries, as defined in the approved subdivision plan where the lot is located; 2. In R-3, C-3D, C-3E, C-3F, C-3G, C-3H and C-4 zones/subzones, none of the lots resulting from resubdivision shall be smaller in area than the smallest lot before consolidation, except that in R-3A, R-3B, and C-4 zone/subzones, re-subdivision into an area smaller than the smallest lot before consolidation is allowed provided that none of the lot areas resulting from re-subdivision shall be smaller than the following lot sizes: 21
a. 1,200 square meters in C-4A, C-4B, C-4C, C-4D, C-4G, R-3A, R-3B subzones b. 800 square meters in C-4E, C-4F and C-4H subzones SECTION 32. Yard and Building Setback Regulations. Yard and building setback regulations of the National Building Code and other applicable laws, rules and regulations shall be applied in all zones except: 1. In C-4A and C-4B subzones, the sides of the building facing boundaries of adjoining properties or facing any street other than Valero and De La Rosa Streets and the access roads leading thereto, must be constructed flush with the property lines. The building footprint thus defined should rise to
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a minimum height of fifteen (15) meters. However, indentations may be permissible on the ground floor for the purpose of making display windows more effective. In case of lots in these areas that face side streets, driveways to parking areas inside the property may be constructed through appropriate arcades. However, in Block 4, (LRC) Psd-6132 and Plan (LRC) Pcs-1332 along Paseo de Roxas and Makati Avenue, the building may be set back from any boundary of the lot, provided that a minimum setback of two (2) meters from the common boundaries with adjoining properties is observed. The setback shall be measured from the property line to the nearest projection of the building. 2. In R-3A, R-3B, C-4C, C-4D, C-4E, C-4F, and C-4G subzones, the building may be built flush with the property line fronting a street and/or flush with the common boundaries with adjoining properties. If the building will be built away from the common boundaries with adjoining properties then in such case, a minimum setback of two (2) meters from the property line must be observed. The setback shall be measured from the property line to the nearest projection of the building. 3. In C-4H subzone, the building shall be built flush with the property lines on all sides of the lot, except along Jupiter Street where the building will be set back by at least nineteen (19) meters measured from the Jupiter Street property line to the nearest projection of the building. 4. In R-3A, R-3B and C-4 zone/subzones, underground basements may be constructed up to the property line subject to the easement in favor of public utilities and services. The top or roof of the underground basement where there are setbacks should be properly landscaped and made to look like part of the natural ground. 5. In R-2B subzone lots, the minimum setback from a boundary fronting a street shall be eight (8) meters. The minimum setback from all other boundaries shall be two (2) meters. Setbacks shall be measured from the lot boundary to the nearest finished wall, column, eave, or projection of the building. SECTION 33. River/Stream, Fault Line, and Utility Easement Regulations. Easement regulations of the National Building Code and other applicable laws, rules and regulations shall be applied in all zones. The following provisions shall also be applied: 1. The banks of rivers and streams, pursuant to the provisions of the Water Code, throughout their
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entire length and within a zone of three (3) meters along their margins, are subject to easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for space or recreation, navigation, floatage, fishing or salvage or to build any other structure of any kind. 2. A mandatory five (5) meter easement on both sides of the Marikina fault trace and such other fault traces on the ground identified by Philippine Institute of Volcanology or its successor agency. 3. All buildings and structures shall be subject to a permanent easement in favor of duly authorized public utility or service entities, their successors and assigns, for the installation of electric poles and metal alley arms and all the accessories and appurtenances connected therewith for the exclusive purpose of carrying utility lines (electric, telephone, etc.) including free access for repairs, inspections, and all other acts necessary to public safety and preservation of the utility lines. SECTION 34. Parking, Vehicular Entrance and Exit, and Service Entrance Regulations. Except for buildings and structures located in R-3, C-3D, C-3E, C-3F, C-3G, C-3H and C-4 zone/subzone, all buildings and structures must provide for the minimum parking, access street, vehicular entrance and exit, and service entrance requirements specified in the National Building Code and other applicable laws, rules 22 and regulations. Buildings and structures located in R-3, C-3D, C-3E, C-3F, C-3G, C-3H, and C-4 zone/subzone must comply with the following requirements: 1. Parking: a. Buildings and structures located in R-3A, R-3B, and C-4 zone/subzone must comply with the following requirements: i. For Residential or Office use: minimum 1.0 parking slot per 100 square meters (sqm) of GFA. ii. For Hotel use: minimum 1.0 parking slot per 5 guest rooms; minimum 1.0 parking slot per 15 sqm of seating area in restaurants, coffee shops, ballroom and, miscellaneous food shops;
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minimum 1.0 parking slot per 50 sqm of GFA of meeting rooms; minimum 1.0 parking slot per 50 sqm of the GFA of retail shops on Hotel premises; and minimum 1.0 parking slot per 25 sqm of GFA of the health club. iii. For Convenience Retail Stores, Restaurants, Canteens, and other Food Serving Establishments where these are allowed as defined in Article V, Section 20 (6): minimum 1.25 parking slot per 100 square meters (sqm) of GFA. iv. For other uses: National Building Code provisions. v. For buildings in lots where three or more Principal Uses are permitted, the parking requirements specified in this Section may be adjusted to take into account the timing differences in the parking needs of the individual uses through application of the provisions of Rule XIX of the National Building Code wherein 100% of the parking requirements of the dominant use and only 50% of the parking requirements of each of the non-dominant uses shall be provided. If the dominant use is not subject to parking requirements, then 100% of the parking requirements of the next most dominant use and only 50% of the parking requirements of each of the other non-dominant uses shall be provided. b. Buildings and structures located in R-3C, R-3D, R-3E, C-3D, C-3E, C-3F, C-3G, and C-3H subzone must comply with the following requirements: i. For Residential use in R-3C, R-3D, and R-3E zone: minimum 1.0 parking slot per unit, where the size of the unit is 100 sqm GFA and above minimum 1.0 parking slot per 100 sqm GFA of aggregate GFA, where the size of the unit is below 100 sqm GFA ii. For Residential use in C-3D, C-3E, C-3F, C-3G, and C-3H subzone: minimum 1.0 parking slot per unit, where the size of the unit is 100 sqm GFA and above maximum 2.0 parking slots per unit, where the size of the unit is over 100
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sqm GFA fixed 1.0 parking slot per 100 sqm of aggregate GFA, where the size of the unit is below 100 sqm iii. For Office use: minimum 1.0 parking slot per 100 sqm GFA iv. For Retail use (including retail outlets, cinemas, restaurants, etc.): 1.0 parking slots per 100 sqm GFA v. For Hotel use: minimum 1.0 parking slot per 10 guest rooms c. The automobile parking slot should not be less than twelve (12) sqm in area, measuring 2.4 meters by 5.0 meters for perpendicular or diagonal parking, and 2.0 meters by 6.0 meters for parallel parking. Service driveways should provide unobstructed ingress and egress to and from the parking slot at all times. However, tandem parking for two (2) cars only may be permitted. Dropped curb (mountable-sidewalk) parking slots that are directly accessed from the street without entering an internal driveway shall not be permitted. d. Temporary surface parking may be allowed in any lot. e. Parking buildings and structures, podiums or basements used for parking may be constructed flush with the property line up to the maximum lot area allowed under the National Building Code. f. Loading and unloading platforms, if any, must have a minimum setback of ten (10) meters from any street. Ramps to parking structures are excluded from this requirement. 2. Vehicular Entrances and Exits: 23
a. In C-4A and C-4B, vehicular entrances shall not be allowed on the side of the property facing Ayala Avenue and Paseo de Roxas. However, in Block 4, (LRC) Psd-6132 and Plan (LRC) Pcs-1332 along Paseo de Roxas and Makati Avenue, vehicular entrances (but not exits) may be allowed on the side of the lot facing Paseo de Roxas or Makati Avenue. Vehicular exits of buildings in C-4A and C-4B in every case must always be along a Side Street, the Access Road within each block De La Rosa Street or Valero Street. b. In C-4C, vehicular entrances and exits may be allowed on any side of the property facing Ayala Avenue, Paseo de Roxas, or Valero Street.
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c. In C-4D, a lot facing Gil Puyat Avenue may have its vehicular entrance (but not exit) on the side of the lot facing Gil Puyat Avenue, but the exit must always be along an Access Road within C-4D, or along Makati Avenue or Paseo de Roxas. d. In C-4E and C-4F, vehicular entrances may be allowed along a Principal Street or Service Road, but exits must always be along a Service Road. However, a lot in these villages which faces a Principal Street but does not have a frontage along a Service Road may have a vehicular exit along a Principal Street, provided the lack of access to a Service Road is not due to a consolidation and resubdivision of lots. Vehicular entrances from and exits to Gil Puyat Avenue shall not be allowed. e. In C-4G, vehicular entrances (but not exits) are allowed along Gil Puyat Avenue; entrances and exits are allowed along a Service Road at the back of a lot. f. In C-4H, vehicular entrances shall not be allowed along Gil Puyat Avenue and Ayala Avenue Extension; entrances and exits are allowed along Jupiter Street. g. In R-3A, vehicular entrances and exits shall not be allowed along Ayala Avenue. h. In R-3B, vehicular entrances and exits shall not be allowed along Makati Avenue. i. In all cases, vehicular entrances and exits shall not be allowed along curves, street corners, and street intersections. j. In the C1-C subzone bounded by Estrella Street (east), Amapola Street (north), R-1 lots (west), EDSA (south), vehicular access to the lots shall be allowed only from a rear service road, which shall connect to Estrella Street by a maximum of two vehicular driveways between EDSA and Amapola Street. k. In the C1-C subzone bounded by Nicanor Garcia Street (east), CEM zone (north and west), Jupiter Street (south), vehicular access shall be limited to an internal service road, with one entrance/exit driveway each from Nicanor Garcia Street and Jupiter Street. l. For C-4 subzones, streets or roads designated herein as Principal Streets, Service Roads, Access Roads or Side Streets (as the case may be) are listed in Annex B. m. In R-1 and R-2B, no vehicular entrances to and exits from lots along Edsa shall be allowed. n. In R-2B, no vehicular entrances to and exits from lots along McKinley Road shall be allowed
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except for those that are already existing as of the time that this Ordinance takes effect. 3. Service Entrances: All the service entrances for utilities shall be conducted into the building by means of underground conduits or pipes from the main service lines. A water pump directly connected to the water main is not allowed. However, a water pump may be installed to draw water from a ground storage tank of adequate capacity supplied by natural pressure from the water main. SECTION 35. Building Projections, Signs, Eaves, Canopies, and Covered Walkway Regulations. Signs to be displayed or put up for public view, and the construction and location of eaves, canopies, casings, porte cochere or covered walkways, foundations, and other building projections must comply with the National Building Code and other applicable laws, rules, and regulations. The following provisions shall also apply: 1. In R-1 and R-2B zone/subzone, no Advertising, Business, or Roof Sign shall be allowed. 2. In R-2A subzone, no Roof Sign shall be allowed. 3. In R-3 and C-4 zones: a. Advertising and Business Signs, eaves, canopies, casings or any similar architectural or structural features shall not be allowed to project outside the property line. Large Advertising and Business Signs that are painted on walls of buildings shall not be allowed.
b. Porte cochere or covered walks from the main entrance of the building proper to the street curb shall be allowed, but shall in no case be permanent in nature or be considered an appropriation of the air space so as to serve as a basis for prescription. Such porte cochere or covered walk shall be removed by the owner if and when the same shall stand in the way of street widening, installation or repair of utilities underneath the sidewalk underneath the sidewalk, installation of ground-level or elevated covered walkways, or any similar improvements. 24
c. Foundations or footings of a building in any area which are close to a creek, drainage canal or existing culvert shall not be less than two (2) meters deep, and shall be at least two (2) meters away from the creek, drainage canal or culvert.
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d. Foundations or footings of a building on the side where the faade of the building coincides with the property line, shall not be allowed to project beyond the property line, except in C4A, C-4B, C-4C, C-4D, where the foundations or footings of a building on the side fronting Ayala Avenue, Paseo de Roxas or any other street where the faade of the building coincides with the property line, shall be allowed to project up to fifty-five (55) centimeters outside the property line. Such allowable projections outside the property shall, however, be at the building owners risk and shall in no way vest the owner with the ownership or right to the use and occupancy of the ground and space projected upon. SECTION 36. Exemption of Covered Walkways from GFA Computation. In zones/lots covered by a maximum FAR, the GFA of a covered ground-level, elevated, or underground walkway (pedestrian underpass) that should be included in the computation of GFA as defined in Annex A, shall be excluded from the computation of the maximum allowable GFA of the lot where such walkway is built, provided that the walkway fulfills all of the following requirements: 1. The walkway links directly and is part of an existing or planned local (city-, zone-, or district-wide) pedestrian network; 2. The walkway is open for the use of the general public at least during a period that starts before and extends after regular working hours; 3. The walkway has a minimum clear width of at least two (2) meters if it is at the ground level, and three (3) meters if it is elevated or underground; 4. The walkway is well-lighted and secured throughout the period that it is open for public use; and 5. The walkway is used primarily for non-revenue public pedestrian passage, provided that commercial advertising signs, business signs, public payphones, newsstands, and other similar activities that do not significantly disrupt pedestrian flow shall be allowed. The covered ground-level, elevated, or underground walkway may also be allowed to extend into prescribed setbacks provided that Section 36, (1-5) of this Ordinance is met, and subject to the specific approval of the Building Official. SECTION 37. Transfer of Development Rights. The maximum allowable GFA for any building on a lot may be increased by transfer to such lot (hereinafter referred to as the Development Lot) of GFA that is
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allowed under Article V of this Ordinance but is not used by an adjacent lot (hereinafter referred to as the Transfer Lot), provided that: 1. The Development Lot and the Transfer Lot are located in the same R-3, C-1, C-2, C-3, C-4, GCZ zone or INS subzone. 2. The sum of the GFA in the Transfer Lot and the Development Lot does not exceed the sum of the allowable maximum GFA of the two lots, as defined in Article V of this Ordinance. 3. The maximum GFA available for transfer to a Development Lot is equal to the difference between the allowable maximum GFA of the Transfer Lot, as defined in Article V of this Ordinance, and the total GFA of the building/s on the Transfer Lot. 4. The owner/developer of the Development Lot provides sufficient technical basis, as determined by the Building Official, to show that the building/s resulting from the transfer will not cause substantial congestion or inconvenience or disrupt access and delivery of services to adjacent properties and the vicinity. 5. Except for the maximum FAR prescribed in Article V of this Ordinance, the building/s resulting from the transfer complies with the land use and all other provisions of this Ordinance. 6. GFA that has been transferred to a Development Lot cannot be re-transferred except to the original Transfer Lot. 25
Provided further that if the Transfer Lot contains a building or structure that has been certified by the City government and the National Historical Institute as a historical building, structure or landmark that should be preserved, then the Development Lot and the Transfer Lot need not be adjacent or be located in the same subzone/zone. In this case, the maximum amount of GFA that can be transferred from the Transfer Lot to the Development Lot shall be twenty thousand (20,000) square meters. Transfer of GFA from a Transfer Lot reduces the amount of GFA that can be built in the Transfer Lot by the amount of GFA transferred; likewise, the transfer allows an increase in the allowable GFA in the Development Lot by the same amount. These conditions, including the preservation of the building or structure in the Transfer Lot if such building has been certified by the City government and the National Historical Institute as a historical building, structure or landmark that should be preserved, shall be
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annotated on the respective titles of the Transfer Lot and the Development Lot. SECTION 38. Performance Standards. All land uses, developments or constructions shall conform to the noise, vibration, smoke, dust, dirt and fly ash, odors and gases, glare and heat, industrial wastes, sewage disposal, storm drainage, pollution control, and other similar environmental standards of the National Building Code, the Clean Air Act, and other applicable laws, rules and regulations. SECTION 39. Specific Provisions in the National Building Code. Specific provisions stipulated in the National Building Code (P.D. 1096) as amended and its implementing rules and regulations, thereto relevant to traffic generators, erection of more than one principal structure, dwelling on rear lots, access yard requirements and dwelling groups which are not in conflict with the provisions of the Zoning Ordinance, shall be observed. Article VII INNOVATIVE TECHNIQUES SECTION 40. Innovative Techniques or Designs. Applications for projects that promote urban renewal and restoration work, or introduce flexibility and creativity in design or plan, such as but not limited to Historic Preservation development, Planned Unit Development, etc., may be approved by the Office of the City Zoning Administrator provided that: 1. The proposed land use will not alter the essential character of the zone, especially its population density, number of dwelling units per hectare, traffic and parking generation, and the dominant land use of the zone. 2. Necessary environmental clearances and other government approvals are obtained. 3. Other plans or studies that may be required by the Office of the City Zoning Administrator in order to assess the application are submitted. 4. The application follows the process prescribed by the Office of the City Zoning Administrator. Article VIII MISCELLANEOUS PROVISIONS SECTION 41. Projects of National Significance. Projects may be declared by the NEDA Board as Projects of National Significance pursuant to Section 3 of EO 72. When a project is declared by the
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NEDA Board as a Project of National Significance, the locational clearances shall be issued by the HLRB pursuant to EO 72. SECTION 42. Traffic and Utilities Impact Study Requirement. The owner or developer of a building or mixed use development that has a GFA of at least twenty-thousand (20,000) square meters shall be required to submit, as part of the application for a Building Permit, a traffic and utilities impact study that indicates: the estimated volume and flow of vehicular traffic into and out of the building or mixed use development; the impact of such vehicular traffic on the immediate vicinity; corresponding traffic management procedures and mitigation devices; and the estimated impact of the building or mixed use development on existing utilities. Article IX MITIGATING DEVICES 26
SECTION 43. Deviation. Deviations from the provisions of this Ordinance may be allowed by the Makati City Zoning Board of Adjustments and Appeals (MCZBAA) in form of a Variance or an Exception, only when all the following terms and conditions are fulfilled: 1. A Variance shall be granted subject to the condition that the property is unique and different from other properties in the adjacent locality and because of its uniqueness, the property owner cannot obtain a reasonable return on the property. This condition shall include the following provisions: a. Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner or occupant of the property due to the physical conditions of the property (topography, shape, etc.) which is not self-created. b. The proposed variance is the minimum deviation necessary to permit reasonable use of the property; c. The variance will not alter the essential character of the zone where the property for which the variance is sought is located, and will not substantially or permanently injure the use of other properties in the same district or zone. d. The variance will be in harmony with the intent and objectives of this Ordinance; it will not weaken the general purposes of this Ordinance and will not adversely affect public health, safety and welfare.
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2. An Exception shall be granted, subject to the condition that: a. The exception will not adversely affect public health, safety and welfare and is in keeping with the general pattern of development in the community; b. The proposed project shall support or will not conflict with local development objectives and plans. c. The exception will not adversely affect the appropriate use of adjoining and other properties in the same zone. d. The exception will not alter the essential character and general purpose of the zone or district where the exception sought is located. In no case, however, will a Variance or an Exception be granted for the purpose of allowing a lot or building owner to exceed the FAR restrictions and/or building height limitations under this Ordinance, or for changing the land use requirements of this Ordinance. SECTION 44. Procedures for Granting Exceptions and Variances. The procedure for granting of exception and/or variances is as follows: 1. A written application for an exception or variance shall be filed with the MCZBAA citing the section of this Ordinance under which the same exception or variance is sought, stating the ground/s thereof, and describing the proposed exception or variance in terms of boundaries, plans, nature of operation or use, and the like. 2. Upon filing of application, a visible project sign (indicating the name and nature of the proposed project) shall be posted at the project site. 3. The MCZBAA shall conduct preliminary studies on the application. 4. A written affidavit of non-objection to the project by the owners of the properties adjacent to the project shall be filed by the applicant with the MCZBAA at least fifteen (15) days prior to the decision for exception/variance. 5. In case of objection, the MCZBAA shall hold public hearing/s. 6. At the hearing, any party may appear in person, or be represented by agent/s. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies. 7. The MCZBAA shall render a decision within thirty (30) days from the filing of the application,
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exclusive of the time spent for the preparation of written affidavit of non-objection and the public hearing in case of any objection to the granting of exception/variance. Article X ADMINISTRATION AND ENFORCEMENT 27
SECTION 45. Locational Clearance. All owners/developers shall secure locational clearances from the Zoning Administrator or in cases of variance and exceptions, from the MCZBAA prior to conducting any activity or construction on the lot. SECTION 46. Building Permit. No building permit shall be issued by the Makati City Building Official without a valid locational clearance in accordance with this Ordinance. SECTION 47. Non-Use of Locational Clearance. Upon issuance of a locational clearance, the grantee thereof shall have one (1) year within which to commence or undertake the use, activity or development covered by such clearance on his property. Non-use of said clearance within said period shall result in its automatic expiration, cancellation and the grantee shall not proceed with his project without applying for a new clearance. SECTION 48. Existing Non-Conforming Uses and Buildings. The lawful uses of any building, structure or land at the time of adoption or amendment of this Ordinance may be continued although such uses do not conform with the provisions of this Ordinance provided that: 1. No such non-conforming use/building shall be enlarged or extended to occupy a greater area of land than that already occupied by such use at the time of the adoption of this Ordinance, or moved in whole or in part to any other portion of the lot or parcel of land where such non-conforming use/building exists at the time of the adoption of this Ordinance. 2. No such non-conforming use/building which has ceased operations for more than one (1) year be again revived as non-conforming use/building. 3. An idle/vacant structure may not be used for non-conforming activity. 4. Any non-conforming structure, or structures under one ownership that has been damaged may be reconstructed and used as before provided that such reconstruction is not more than fifty percent (50%) of the replacement cost. Should such non-conforming portion of the structure be destroyed
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by any means, to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisons of this Ordinance. 5. No such non-conforming use/building may be moved to displace any conforming use/building. 6. No such non-conforming structure may be enlarged or altered in a way that increases its nonconformity, but any structure or portion thereof may be altered to decrease its non-conformity. 7. Should such non-conforming structure be moved for any reason to whatever distance, it shall thereafter conform to the regulations of the zone in which it is moved or relocated. The owner of a non-conforming use/building shall program the phase-out and relocation of the nonconforming use/building within ten (10) years from the effectivity of this Ordinance. SECTION 49. Certificate of Non-Conformance. Subject to the requirements of Section 48, an owner of the structure or operator of the activity may apply for a Certificate of Non-Conformance within six (6) months from the ratification of this Zoning Ordinance by the HLRB or the Sangguniang Panglunsod, for the purpose of allowing such use to continue during the ten- (10) year period specified in Section 48. In no case, however, shall a Certificate of Non-Conformance be granted or issued to legitimize or cure any breach or violation of any condition, restriction, or requirement covering the use of the lot or structure, or of building height or FAR limitation, in either case based on contracts or undertakings entered into between the owner thereof and a third party. Failure on the part of the owner to register/apply for a Certificate of Non-Conformance shall be considered in violation of the Ordinance and is subject to fines/penalties. Upon approval of this Ordinance, the Zoning Administrator shall immediately notify owners of known existing non-conforming use to apply for a Certificate of Non-Conformance. SECTION 50. Responsibility for Administration and Enforcement. This Ordinance shall be enforced and administered by the Makati City Mayor through the Makati City Zoning Administrator who shall be appointed by the former in accordance with existing rules and regulations on the subject. SECTION 51. Powers and Functions of the Zoning Administrator. Pursuant to the provisions of EO 72 implementing RA 7160 in relation to Section 5, Paragraph a and d, and Section 7 of EO 648 dated 07
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February 1981 the Zoning Administrator shall perform the following functions, duties and responsibilities: 28 1. Enforcement: a. Act on all applications for locational clearances for all projects. i. Issue Locational Clearance for projects conforming to zoning regulations. ii. Recommend to the MCZBAA the grant or denial of applications for variances and exemptions and the issuance of Certificate of Non-Conformance for non-conforming projects lawfully existing at the time of the adoption of the Zoning Ordinance, including clearances for repairs/renovations on non-conforming uses consistent with the guidelines thereof. b. Monitor ongoing/existing projects within their respective jurisdictions and issue notices if violations and show cause order to owners, developers, or managers of projects that are violative of this Ordinance and if necessary, pursuant to Section 3 of EO 72 and Section 2 of EO 71 refer subsequent actions thereon to the HLRB. c. Call and coordinate with the Philippine National Police for enforcement of all orders and processes issued in the implementation of this Ordinance. d. Coordinate with the City Legal Officer for other legal actions/remedies relative to the foregoing. 2. Planning: coordinate with the regional office of the HLRB regarding proposed amendments to the Zoning Ordinance prior to adoption by the Sangguniang Panglunsod. SECTION 52. Action on Complaints and Opposition. A complaint for violations of any provision of the Zoning Ordinance or of any clearance or permits issued pursuant thereto shall be filed with the MCZBAA. However, oppositions to application for clearance, variance or exception shall be treated as a complaint and dealt with in accordance with the provision of this section. SECTION 53. Functions and Responsibilities of the Makati City Zoning Board of Adjustment and Appeals (MCZBAA). There is hereby created a MCZBAA which shall perform the following functions and responsibilities:
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1. Act on applications of the following nature: a. Variances; b. Exceptions; c. Non-conforming uses; d. Complaints and opposition to applications. 2. Act on appeals on grant or denial of locational clearance by the Zoning Administrator. In acting on an application or an appeal, the MCZBAA shall consider, among other considerations: the development goals, objectives, and strategies of the Comprehensive Land Use Plan; traffic, utility (water, power, sewerage, drainage, waste disposal, etc), environmental and other impacts of the proposal; and consent/objections of neighborhood, homeowners or community associations affected by the application or appeal. SECTION 54. Composition of the Makati City Zoning Board of Adjustment and Appeals. The City Development Council shall create a sub-committee which shall act as the MCZBAA composed of the following members: 1. City Mayor, Chairman 2. City Legal Officer 3. City Assessor 4. City Engineer 5. City Urban Development Officer 6. City Zoning Administrator 7. Two representatives of the private sector, nominated by their respective organizations and confirmed by the City Mayor. In the event of non-availability of any of the officials enumerated above, the Sangguniang Panglunsod shall elect the number of its members as may be necessary to meet the total number above set forth, as representatives. 8. Two representatives from non-government organizations, nominated by their respective organizations and confirmed by the City Mayor. In the event of non-availability of any of the officials enumerated above, the Sangguniang Panglunsod shall elect the number of its members as
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may be necessary to meet the total number above set forth, as representatives. 29
For purposes of policy coordination, said committee shall be attached to the City Development Council. SECTION 55. Interim Provision. Until such time that the MCZBAA shall have been constituted, the HLRB shall act as the Makati City Zoning Board of Adjustments and Appeals. As an Appellate Board, the HLRB shall adopt its own rules of procedure to govern the conduct of appeals arising from the administration and enforcement of this Ordinance. SECTION 56. Review of the Zoning Ordinance. The City Development Council shall create a subcommittee, the Makati City Zoning Review Committee (MCZRC) that shall review the Zoning Ordinance considering the Comprehensive Land Use Plan, as the need arises, based on the following reasons/situations: 1. Change in local development plans 2. Introduction of projects of national significance 3. Petition for rezoning 4. Other reasons which are appropriate for consideration SECTION 57. Composition of the Makati City Zoning Review Committee. The MCZRC shall have the following composition: 1. City Urban Development Officer, Chairman 2. City Health Officer 3. City Engineer 4. City Assessor 5. President, Association of Barangay Captains 6. Three private sector representatives 7. Two non-government organization representatives For purposes of policy coordination, said committee shall be attached to the City Development Council. SECTION 58. Functions of the Makati Zoning Review Committee. The MCZRC shall have the following powers and functions: 1. Review the Zoning Ordinance for the following purposes:
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a. Determine amendments or revisions necessary in the Zoning Ordinance because of changes that might have been introduced in the Comprehensive Land Use Plan. b. Determine changes to be introduced in the Comprehensive Land Use Plan in the light of permits given, and exceptions and variances granted. c. Identify provisions of the Ordinance difficult to enforce or are unworkable. 2. Evaluate proposals for amendments to the Zoning Ordinance. 3. Recommend to the Sangguniang Panglunsod necessary legislative amendments and to the City Planning and Development staff the needed changes in the local development plan as a result of the review conducted. SECTION 59. Amendments to the Zoning Ordinance. Changes in the Zoning Ordinance as a result of the review and evaluation by the MCZRC shall be treated as an amendment, provided that any proposed amendment to the Zoning Ordinance or provisions thereof shall be subject to public hearing and review evaluation of the MCZRC. As a minimum, any proposal to amend the Zoning Ordinance shall submit to, and for the evaluation of, the MCZRC sufficient evidence and justification that: the proposal is consistent with the development goals, objectives, and strategies of the Comprehensive Land Use Plan; the traffic, utility (water, power, sewerage, drainage, waste disposal, etc), environmental and other impacts of the proposal are acceptable; and the proposal has the consent of affected neighborhood, homeowners or community associations. Approval of any proposed amendment shall require a three-fourths vote of approval by the Sangguniang Panglunsod. Said amendment shall take effect only after approval and authentication by HLRB or the Metro Manila Development Authority. SECTION 60. Update of Zoning Map. Once all proposals have been finalized and all amendments have been duly approved, the necessary changes shall be reflected on the Official Zoning Map. 30
SECTION 61. Violation and Penalty. Any person who violates any of the provisions of this Ordinance, shall, upon conviction, be punished by a fine not exceeding Fifty Thousand Pesos (P 50,000.00) or by imprisonment for a period not exceeding six (6) months, or both at the discretion of the Court. In case of
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violation by a corporation, partnership, or association, the person in-charge of the management of such firm shall be criminally responsible thereof. Futhermore, any person or government official if found to have committed any violation of this Ordinance, directly or indirectly, shall be criminally responsible as provided by this section. SECTION 62. Suppletory Effect of Other Laws, Decrees, and Restrictions. The provisions of this Ordinance shall be without prejudice to the application of other laws, presidential decrees, letters of instruction and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas, which shall remain in force and effect, provided that land use decisions of the national agencies concerned shall be consistent with the Comprehensive Land Use Plan of Makati City. Further, nothing in this Ordinance prohibits or shall be construed as prohibiting the establishment and existence of homeowners' or lot owners' associations, their collection of dues, development charges and other assessments and the performance of powers and functions to be exercised or undertaken by them, to the extent authorized by their charter and by-laws or allowed by restrictions or covenants entered into with home or lot owners (or their respective successors-in-interest) which such associations have a right to enforce. 1. SECTION 63. Separability Clauses. (1) Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. Any portion thereof not affected by such declaration shall remain in full force and effect. (2) If any provision/s of this Ordinance or any portion thereof may be found violative of any National Laws, Rules and Regulations, Legal Orders and the like, the same is hereby declared invalid or null and void; Provided further that it may be modified and/or amended accordingly. SECTION 64. Repealing Clause. All ordinances, rules or regulations in conflict with the provisions of this Ordinance are hereby repealed; provided that the rights that are vested upon the effectivity of this Ordinance shall not be impaired. SECTION 65. Effectivity Clause. This Ordinance shall take effect upon its approval.
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ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, in its regular session held on November 28, 2000. EDUARDO B. MANZANO Vice Mayor & Presiding Officer Attested: ROGELIO U. MARASIGAN Sangguniang Secretary APPROVED: ELENITA S. BINAY, M.D. City Mayor
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Bicol University College of Engineering Architecture Department Legazpi City

CODE STUDY ON CORPORATE BUILDING DESIGN

National Building Code of the Philippines

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A

CODE STUDY ON CORPORATE BUILDING DESIGN

PALEVINO, Marinet O. BS Ar. 4A