User:Architect Armando N. Alli/sandbox

NATIONAL BUILDING CODE OF THE PHILIPPINES (NBCP) of year 1977, otherwise known as Presidential Decree Number (P.D. No.) 1096, is a 41-year old Philippine (PH) law that governs the physical/ space planning, design and construction of buildings and their grounds/ sites on PH soil. It is also an entire system unto itself, currently supported by a stream of regulations (SoR) consisting of but not limited to its 2004 revised implementing rules and regulations (IRR), its referral code sub-system (RCS), its derivative regulations sub-system (DRS) and its technical reference sub-system (TRS).

The NBCP has 21 chapters and 2 annexes, namely : 1)	General Provisions; 2)	Administration and Enforcement; 3)	Permits and Inspection; 4)	Types of Construction; 5)	Requirements of Fire Zones; 6)	Fire Resistive Requirements in Construction; 7)	Classification and General Requirement of All Buildings by Use or Occupancy; 8)	Light and Ventilation; 9)	Sanitation; 10)	Building Projection Over Public Streets; 11)	Protection of Pedestrian During Construction or Demolition; 12)	General Design and Construction Requirements; 13)	Electrical and Mechanical Regulations; 14)	Photographic and X-ray Films; 15)	Pre-fabricated Construction; 16)	Plastics; 17)	Sheet Metal Paint Spray Booths; 18)	Glass and Glazing; 19)	The Use of Computer; 20)	Signs; 21)	Transitory and Final Provisions; 22)	Annex “A” - Definitions; and 23)	Annex “B” – Various Tables.

The NBCP is architectonic in character and arguably, its content is perhaps more than 70% architectural, earning for it the distinction of being the “second bible of professional architectural practice on PH soil.”

1.0	NBCP as a National-Level Development Control (DC)

The NBCP is a key national level development control (DC) that needs to be fully appreciated by environmental planners (EnPs), architects, engineers and other technological professionals, particularly those whose practices are regulated by the PH National Government and by its local government units (LGUs) nationwide, specially the duly-deputized authorities having jurisdiction (AHJ) seeking full compliances with LGU zoning ordinances (ZOs, which are local-level DCs).

As the NBCP (as a national DC) is denominated as a national framework of minimum building standards, the ZOs (as the local DCs) can actually contain provisions that are more stringent that those found in the NBCP but the reverse is not true i.e. the ZOs cannot relax the minimum standards set by the NBCP.

At its current state of implementation and enforcement, the NBCP and its SoR are more breached than honored, leading one to contend daily with the twin issues of over-building and over-paving, both highly detrimental to the condition and use of the natural and built environments, with both partly responsible for flash-flooding and inundation at low-lying areas.

2.0	The NBCP as a Law and as a System

Electronic copies of the official and original text of the NBCP can be found and readily downloaded from these active PH Government links: 1. 	Official Gazette of the Philippines at link : https://www.officialgazette.gov.ph/1977/02/19/presidential-decree-no-1096-s-1977/ 2.	Supreme Court E-Library at link : http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/26/53320 3.	Department of Public Works and Highways (DPWH) website at www.dpwh.gov.ph and its References folder and its Laws, Codes and Orders sub-folder for electronic copies of the NBCP (at link : http://www.dpwh.gov.ph/dpwh/references/laws_codes_orders/national_law) and its 2004 Revised IRR (at link : http://www.dpwh.gov.ph/dpwh/references/laws_codes_orders/PD1096).

All the foregoing official National Government e-copies of P.D. No. 1096 (1977 NBCP) carry the original and true text of paragraph 2 of Sec. 302 of P.D. No. 1096 and of Section 304.5.b of its 2004 Revised IRR of the NBCP, viz: a)	paragraph 2 of Sec. 302 of P.D. No. 1096 “To be submitted together with such application are at least five sets of corresponding plans and specifications prepared, signed and sealed by a DULY (sic) 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.” (emphases supplied); and b)	Section 304.5.b of its 2004 Revised IRR of the NBCP “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) In some widely disseminated but unofficial versions of the NBCP and its 2004 Revised IRR, the foregoing provisions have been unlawfully intercalated/ altered to favor certain sectors.

3.0 	The NBCP Referral Code Sub-System (RCS)

The NBCP RCS consists of valid and subsisting laws and regulations as well as industry practice standards (self-regulatory) which are not laws, and not limited to: 1)	2008 Fire Code (R.A. No. 9514) and its 2009 or later IRR at link : http://bfp.gov.ph/wp-content/uploads/2013/12/Fire-Code-of-the-Philippines-2008-IRR.pdf; 2) 	1983 Accessibility Law (B.P. Blg. 344) and its latest implementing rules and regulations (IRR); 3) 	P.D. No. 856, the 1974 Code on Sanitation of the Philippines (CSP) and relevant Department of Health (DoH) issuances (latest editions); 4) 	P.D. No. 957 dated July 12, 1976, Regulating the Sale of Subdivision Lots and Condominiums and its latest (2009 or later) IRR promulgated by the HLURB; 5) 	P.D. No. 1067, the Water Code of the Philippines; 6) 	various environmental laws, including those on climate change adaptation (R.A. No. 9729) and on disaster risk reduction and management (R.A. No. 10121), which shall be incorporated in the ongoing NBCP repeal effort; 7) 	Architecture Act of 2004 (R.A. No. 9266 and its 2004 or later IRR) and the 2000 or later Architectural Code of the Ph (ACP) duly promulgated by the DPWH; 8) 	various other professional regulatory laws (PRLs) governing the State-regulated practice of the various allied design professions (geology, environmental planning i.e. R.A. No. 10857, the 2013 Environmental Planning Act, landscape architecture, master plumbing, interior design, etc.); 9) 	various other professional regulatory laws (PRLs) governing the State-regulated practice of the various engineering professions (geodetic, civil, electrical, mechanical, electronic, sanitary, etc.); 10) 	R.A. No. 8293, as amended, the 1997 Intellectual Property Code and its latest IRR; 11) 	R.A. No. 4566, the 1965 Contractors’ Law; 12) 	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 (SEZs) in the Philippines, Creating for this Purpose, the Philippine Economic Zone Authority (PEZA), which also gave rise to the PEZA Offices of Building Officials (OBOs), and its latest IRR; 13) 	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; 14) 	R.A. No. 2386, the 1949 Civil Code of the PH (CCP), particularly Articles 670 (easements along property lines) and 1723 (professionals’ and constructors’ civil liability); 15)	R.A. No. 10066, the 2009 Philippine Cultural Heritage Act at link :https://www.officialgazette.gov.ph/2010/03/26/republic-act-no-10066/; 16)	R.A. No. 11201 creating the Department of Human Settlements and Urban Development (DHSUD); 17) 	Applicable PH jurisprudence (promulgated by the Supreme Court/ SC); 18) 	R.A. No. 7160, the 1991 Local Government Code and latest IRR; 19) 	R.A. No. 9184, the 2003 Government Procurement Reform Act (GPRA) and latest IRR; 20) 	E.O. No. 292, series of 1987, The Administrative Code of the PH; 21) 	R.A. No. 3019, the Anti-Graft and Corrupt Practices Law and related public accountability and governance laws; 22) 	the DPWH-IFC Philippine Green Building Code (PGBC, not a law), promulgated June 2015 at link : http://www.dpwh.gov.ph/dpwh/references/laws_codes_orders/pgbc; 23)	the 2015 DPWH Bureau of Design (BoD) Design Guidelines, Criteria and Guidelines (DGCS), specifically Volume 6 (Buildings and Other Related Structures); Volumes 1 through 5 are about horizontal construction while Volume 7 is on Construction Management; 24)	DPWH BoD Checklist for Detailed Engineering Design (DED) Plan for Building Project, 2016; 25)	DPWH Bureau of Construction (BoC) Cost Estimation manual for Low-Rise Buildings, 2017; 26)	National Structural Code of the Philippines (NSCP), 2018 or later edition; 27) 	Philippine Electrical Code/ PEC (2009 or latest edition); 28) 	Philippine Mechanical Engineering Code/ PMEC (latest edition); and 29) 	Revised National Plumbing Code of the Philippines (latest edition).

4.0 	The NBCP Technical Reference Sub-System (TRS)

The NBCP TRS consists of, but are not limited to: 1)	the 2016 National Building Code of the Philippines (NBCP) : Illustrated i.e. reproducible data compact disc (CD) and its websites and dropboxes; A. 	NBCP : Illustrated Project Websites: i) 	NCCA-AAIF National Building Code of the Philippines (NBCP) : Illustrated Projects at http://ncca.dthree.com.ph/; and ii) 	DPWH National Building Code Development Project at http://dpwh.dthree.com.ph/ B.	NBCP : Illustrated Project Dropbox Sites: i) 	NBCP 2004 Revised IRR 2015 Interpretations at https://www.dropbox.com/sh/b9kdd749hzafq20/AAA7cv-rFJMjEBQsokQLaknVa?dl=0; ii)	NBCP-related Laws/ Regulations at https://www.dropbox.com/sh/g9nil22g4w0gl0q/AAAfsizW1n2iqc7eQzLZ96lHa?dl=0; iii)	2015 DPWH Design Codes/ Guidelines at https://www.dropbox.com/sh/o7pwt6cqogp5rpy/AAC7NoAdDYI9_s_HFczxuuT1a?dl=0 2)	National Building Code of the Philippines – NBCP at https://www.facebook.com/BuildingCode.Ph/; 3)	the 2017 Fire Code of the Philippines (FCP) : Illustrated; 4)	Construction Industry Authority of the Philippines (CIAP) Document 101 (Public Construction) and CIAP Document 102 (Private Construction); and 5)	Senate Bill No. (SBN) 2087 - An Act to Ordain the New Building Code of the Philippines filed 13 November 2018 by Senator Grace Poe, which seeks in part to update, strengthen, and affirm the NBCP-related regulations evolved by the PH National Government over the last 41 years, and to thereby assist in attaining a much better level of compliance with and enforcement of said law, at link : http://www.senate.gov.ph/lisdata/2889725453!.pdf or at http://senate.gov.ph/lis/bill_res.aspx?congress=17&q=SBN-2087

5.0 	The NBCP Derivative Regulation Sub-System (DRS)

The NBCP DRS consists of, but are not limited to: 1)	relevant DPWH Orders, Memorandum Circulars (MCs), specifically those addressed to Local Building Officials (LBOs), etc.; 2)	Bridge Aesthetic Guidelines, 1st edition, 2018; 3)	various issuances of the Housing and Land Use Regulatory Board (HLURB), including HLURB Guidelines on various types of physical planning; 4)	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 local government unit (LGU) Office of the Building Official (OBO) are as follows: a) 	for hospitals and health care facilities c/o the Department of Health (DoH); b) 	for primary and secondary school buildings c/o the Department of Education (DepEd); c) 	for tertiary school buildings c/o the Commission on Higher Education (CHED); d) 	for public markets c/o the DTI and/or the DHSUD (formerly the HUDCC); e) 	for recreational facilities c/o the DHSUD (formerly the HUDCC); f) 	for sports facilities c/o the PH Sports Commission (PSC); g) 	for heritage conservation facilities c/o the National Commission on Culture and the Arts (NCCA); h) 	for office and residential condominiums c/o the DHSUD (formerly the HUDCC); i) 	for economic housing c/o the DHSUD (formerly the HUDCC); and j) 	for socialized housing c/o the DHSUD (formerly the HUDCC) i.e. following B.P. Blg. 220 standards rather than P.D. No. 1096 standards; 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 not subject to review by the LGU OBO but are instead reviewed and approved by the respective internal/ independent OBOs, are as follows: a) for industrial buildings and facilities, c/o the PH Economic Zone Authority (PEZA); b) for tourism facilities, c/o the Tourism Industry Enterprise Zone Authority (TIEZA); and for military facilities, c/o the Armed Forces of the PH (AFP) Office of the Chief Engineer (OCE); 6)	Governing Laws, Local Ordinances, Rules & Regulations, Codes & Department Orders; 7)	Local Comprehensive Land, Water, Air and Sub-surface Use Plans (CLWASUP), usually called the Comprehensive Land Use Plans (CLUPs), and the applicable Zoning Ordinances (ZOs, including its IRR and Official Zoning Maps/ OZMs and Special Ordinances/ SOs) in force at the LGU level; 8)	R.A. No. 9285, the 2004 Alternative Dispute Resolution (ADR) Act and its IRR promulgated by the SC; 9)	E.O. No. 1008, The Construction Industry Arbitration law; 10)	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; Very Important Note: B.P. Blg. 220 space planning and building design and construction standards are lower than P.D. No. 1096 standards and that the implementation and enforcement of the same are not part of the responsibility of Local Building Officials (LBOs), who were mainly deputized to help in the full implementation and enforcement of P.D. No. 1096, the 1977 NBCP; and 11)	Variation to Standards (only on a suppletory application basis, only if the same are not found or are decidedly more detailed or better or more stringent than those found in PH laws/ regulations/ DCs): Those found in standard USA or other international references on building design and construction, site planning and urban design.

6.0 	Future NBCP Technical Reference Sub-System (TRS) Documents (to be promulgated by the DPWH Secretary in his capacity as the National Building Official/ NBO) 1)	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, exits and stairs construction, and roofs. 2)	SECTION 507. Designation of Fire Zones THE SECRETARY SHALL PROMULGATE SPECIFIC RESTRICTIONS 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. 3)	SECTION 604. Fire-Resistive Regulations THE SECRETARY SHALL PRESCRIBE STANDARDS AND PROMULGATE RULES AND REGULATIONS ON THE TESTING OF CONSTRUCTION MATERIALS FOR FLAME-SPREAD 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, fire-resistive 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. 4)	SECTION 704. Location on Property (a) x x x x x x x x (b) FIRE RESISTANCE OF WALLS EXTERIOR WALLS SHALL HAVE FIRE RESISTANCE AND OPENING PROTECTION IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH BY THE SECRETARY. 5)	SECTION 1207. Stairs, Exits, and Occupant Loads (a) General. The construction of stairs and exits shall conform to the occupant load requirements of buildings, x x x x x x x (1) 	Determination 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. SECTION 1212. Fire-Extinguishing Systems x x x x x x x x x (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.

7.0 	Various Key Resources, Suppletory Guidelines, Standards & Miscellaneous Reference Documents for the NBCP consisting of, but not limited to: 1)	International Building Code (IBC); 2)	International Fire Code (IFC); 3)	National Fire Protection Association (NFPA); 4)	International Civil Aviation Organization (ICAO); 5)	International Air Travel Association (IATA); 6)	various recognized international product and testing standards e.g. AASHTO, ASHRAE, DIN, UL, and the like; 7)	2012 Technical Regulatory Standards on Japanese Railways (TRS-JR); 8)	Japan International Cooperation Agency (JICA) Guidelines for Environmental and Social Considerations (only if made a condition to a loan/ assistance to fund a project) at link : https://www.jica.go.jp/english/our_work/social_environmental/guideline/pdf/guideline100326.pdf; 9)	Asian Development Bank (ADB) Environmental Assessment Guidelines (only if made a condition to a loan/ assistance to fund a project) at link : https://www.adb.org/sites/default/files/institutional-document/32635/files/environmental-assessment-guidelines.pdf; 10) 	ADB Rapid Environmental Assessment (REA) Checklist (only if made a condition to a loan/ assistance to fund a project) at link : https://www.adb.org/sites/default/files/project-document/222541/49377-001-iee-04b.pdf; and 11)	ADB Guidelines for the Health Impact Assessment of Development Projects (only if made a condition to a loan/ assistance to fund a project) at link : https://www.adb.org/sites/default/files/institutional-document/212016/guidelines-hia-dev-projects.pdf 12)	other/ similar guidelines by Official Development Assistance (ODA) agencies, development partners, donor organizations, and the like (only if made a condition to a loan/ assistance to fund a project). Nothing follows.