THE NBCP AND ITS STREAM OF REGULATIONS (numbered): A. THE NBCP P.D. No. 1096, The 1977 National Building Code of the Philippines (NBCP), its 2004 Revised (or later) Implementing Rules and Regulations/ IRR, its latest Referral Codes (RCs) and its latest Derivative Regulations (DRs) Very Important Note: Active Links to Electronic Copies of P.D. No. 1096 (1977 NBCP) as Maintained by the Official Gazette and by the Supreme Court E-Library: 1) gov.ph/1977/02/19/presidential-decree-no-1096-s-1977/; and 2) elibrary.judiciary.gov.ph/thebookshelf/showdocs/26/53320. Both these official National Government copies of P.D. No. 1096 (1977 NBCP) carry the true text of of Sec. 302 of P.D. No. 1096. B. THE NBCP REFERRAL CODES (RCs) consisting of valid and subsisting LAWS and regulations as well as industry practice standards (self-regulatory) which are NOT laws: 1) 2008 Fire Code (R.A. No. 9514) and its 2009 or later IRR; 2) 1983 Accessibility Law (B.P. Blg. 344) and its latest IRR; 3) Architecture Law of the Philippines (R.A. No. 9266 and its 2004 or later IRR) and the 2000 or later Architectural Code of the Ph (ACP) promulgated by the DPWH; reference SEc.304.5.b of the TRUE text of the NBCP 2004 Revised IRR which states: “b. This permit SHALL BE ACCOMPANIED by the various applicable ancillary and accessory permits, PLANS AND SPECIFICATIONS SIGNED AND SEALED BY THE CORRESPONDING DESIGN PROFESSIONALS who shall be responsible for the comprehensiveness and correctness of the plans in compliance to the Code and its IRR and to all applicable referral codes and PROFESSIONAL REGULATORY LAWS.” (emphases supplied) Very Important Note: Active Links to the Unofficial Electronic Copies (containing the true text) of the 2004 Revised IRR of P.D. No. 1096 (1977 NBCP) can be freely downloaded at the Latest Publications section of architectureboard.ph 4) National Structural Code of the Philippines (NSCP), 2010 or latest edition; 5) the DPWH Blue Book in its latest edition (to be replaced soon by the DPWH Building Design Guidelines, complemented by the DPWH Sustainable Building Regulations/ SBR, in the case of buildings); 6) Philippine Electrical Code (last updated 2009 or latest edition); 7) Philippine Society of Mechanical Engineering / PSME Code (latest edition); 8) 1974 Code on Sanitation of the Philippines (CSP) (P.D. No. 856) and relevant Department of Health (DoH) issuances (latest editions); 9) Revised National Plumbing Code of the Philippines (latest edition); 10) P.D. No. 957 dated July 12, 1976, Regulating The Sale of Subdivision Lots and Condominiums and its latest IRR promulgated by the HLURB; 11) Batas Pambansa (B.P.) Blg. 220 dated March 25, 1982, An Act Authorizing the Ministry of Human Settlements to Establish and Promulgate Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects in Urban and Rural Areas from Those Provided Under P.D. No. 957, P.D. No. 1216, P.D. No. 1096 (NBCP) and P.D. No. 1185 (old FCP) and its latest IRR; note that B.P. Blg. 220 space planning and building design and construction standards are lower than P.D. No. 1096 standards; 12) Water Code of the Philippines (P.D. No. 1067); 13) various environmental laws, including those on climate change adaptation (R.A. No. 9729) and on disaster risk reduction and management (R.A. No. 10121); 14) Various other professional regulatory laws (PRLs) governing the State-regulated practice of the various allied design professions (geology, environmental planning i.e. 2013 Environmental Planning Act (R.A. No. 10857), landscape architecture, master plumbing, interior design, etc.); 15) Various other professional regulatory laws (PRLs) governing the State-regulated practice of the various engineering professions (geodetic, civil, electrical, mechanical, electronic, sanitary, etc.); 16) R.A. No. 7160, the 1991 Local Government Code and latest IRR; 17) R.A. No. 9184, the 2003 Government Procurement Reform Act (GPRA) and latest IRR; 18) R.A. No. 8293, the 1997 Intellectual Property Code and its latest IRR; 19) R.A. No. 4566, the 1965 Contractors’ Law; 20) R.A. No. 7916, as amended by R.A. No. 8748, The Special Economic Zone Act of 1995, also known as An Act Providing for the Legal Framework and Mechanisms for the Creation, Operation, Administration, and Coordination of Special Economic Zones in the Philippines, Creating for this Purpose, the Philippine Economic Zone Authority (PEZA), which also gave rise to the PEZA OBOs, and its latest IRR; 21) R.A. No. 9593, The Tourism Act of 2009 which created the Tourism Infrastructure and Enterprise Zone Authority (TIEZA) and its OBO; and its latest IRR; 22) The Administrative Code; 23) Anti-Graft and Corrupt Practices Laws; 24) R.A. No. 2386, the 1949 Civil Code of the Ph (CCP); and 25) Applicable Ph jurisprudence (mainly by the Supreme Court/ SC). C. DERIVATIVE REGULATIONS (DRs) OF THE NBCP 1) Relevant DPWH Orders, Memorandum Circulars (MCs), specifically those addressed to Local Building Officials (LBOs), etc.; 2) Construction Industry Authority of the Ph (CIAP) Document 102 on Private Construction; 3) R.A. No. 9285, the 2004 Alternative Dispute Resolution (ADR) Act and its IRR promulgated by the SC; 4) E.O. No. 1008, The Construction Industry Arbitration law; 5) Other applicable building standards i.e. standards that are not found in the NBCP or that are more detailed than those found in the NBCP (in their latest editions), but which are subject to review by the LGU Office of the Building Official (OBO) are as follows: a) For hospitals and health care facilities c/o the DoH; b) for primary and secondary school buildings c/o the DepEd; c) for tertiary school buildings c/o the CHED; d) for public markets c/o the DTI and/or the HLURB and HUDCC; e) for recreational facilities c/o the HLURB and HUDCC; f) for sports facilities c/o the PSC; g) for heritage conservation facilities c/o the NCCA; h) for office and residential condominiums c/o the HLURB and HUDCC; i) or economic housing c/o the HLURB and HUDCC; and j) for socialized housing c/o the NHA and HUDCC i.e. following B.P. Blg. 220 standards rather than P.D. No. 1096 standards; 6) Other applicable building standards i.e. standards that are not found in the NBCP or that are more detailed than those found in the NBCP (in their latest editions), but which are NOT subject to review by the LGU Office of the Building Official (OBO) but are instead are instead reviewed and approved by the respective internal / independent OBOs, are as follows: a) for industrial buildings c/o the PEZA; and b) for tourism facilities c/o the TIEZA; 7) Scope and Application: Sites for multiple buildings and grounds, at new and built-up locations; 8) Governing Laws, Local Ordinances, Rules & Regulations, Codes & Department Orders; 9) HLURB Guidelines on various types of physical planning; 10) Local Comprehensive Land, Water and Air Use Plans (CLWAUP) and the applicable Zoning Ordinances (ZOs, including its IRR and Official Zoning Maps/ OZMs) in force at the local government unit (LGU) level; and 11) Variation to Standards: Those found in standard USA or other international references on Building Design and Construction, Site Planning and Urban Design. Nothing follows. Thanks.
Posted on: Fri, 31 Oct 2014 10:00:11 +0000
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