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14-15 June 2018 UP NEC-BRS 1

PROPOSED
PHILIPPINE BUILDING
ACT (PBA) OF 2018
Proposal from a Two-Year Review Project by:
UP through NEC-BRS i.c.w. Law Center
DPWH and WB
Presented by:
Benito M. Pacheco
Professor
Institute of Civil Engineering, UP Diliman
14-15 June 2018 UP NEC-BRS 2

House Bill
No. 7804
An Act Regulating the
Planning, Design,
Construction, Occupancy,
and Maintenance of
Buildings, Enacting A New
Building Act, Thereby
Repealing Presidential
Decree No. 1096, and for
Other Purposes
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Building Regulatory Reform in PH


1977 -- 2018 --

•  National Building Code: •  Philippine Building Act of


PD 1096 2018
•  Other national legislations •  Other national legislations
such as Fire Code of such as Fire Code of
2008 2008
•  Implementing Rules and •  Implementing Rules and
Regulations Regulations
•  Referral Codes •  Reference Standards
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Reference Standards

Act
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cf. Japan
2014 --

•  Building Standard Law: •  Legislative act of Parliament:


Law No. 201* procedures, penalties,
•  Fire Service Law outline technical
requirements
•  Regulations •  Enforcement by the Ministry:
detailed procedures
•  Building Codes •  Notification by the Ministry:
detailed technical
requirements
* Since 1950, last amended in 2014
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cf. California, USA


2016 --

•  California Building •  Health and Safety Code,


Standards Law * Division 13, Part 2.5,
Sections 18901-18949.31
•  California Building •  Title 24 of the California
Standards Code (CBSC) Code of Regulations;*
2016
•  California Building Code •  Part 2, Part 9, etc. of the
2016, California Fire Code CBSC, based on, and with
2016, etc. amendments of, the model
International Codes 2015
* Amended several times including in 2011, 2013, 2016.
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cf. British Columbia, Canada


2015 --

•  Building Act S.B.C. 2015, •  Legislative acts


c. 2 *
•  Fire Services Act R.S.B.C.
1996, c 144
•  B.C. Reg. 1/2018 •  The minister may make
regulations establishing one
or more building codes;…
•  BCBC 2012 based •  NBC as model building code
substantially on NBC is revised by Commission on
(National Building Code)
2010 Building and Fire Code.

* Amended the Local Government Act R.S.B.C. 2015, c. 1, etc.


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cf. Western Australia


2011 --

•  Building Act 2011* •  Legislative act


•  Building Regulations 2012 •  The Governor may make
regulations prescribing all
matters… for carrying out
[the] Act, such as building
standards.
•  Building Code of Australia: •  Building standards include
Vol 1 & Vol 2 of National various referenced
Construction Code 2016 documents, eg, AS/NZS, BS,
ASTM, etc.
* Amended the Local Government Act 1960 and others
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cf. New Zealand


2004 --

•  Building Act 2004* •  Legislative act


•  Building Regulations 1992 •  The Governor-General may
as partly revoked by make general regulations,
Building (Forms) and regulations, to be called
Regulations 2004, and the building code, that
amended in 2007, 2008, prescribe functional
2012 requirements for buildings
and the performance criteria.
•  Building Code: Schedule 1 •  Standards and other
of Building Regulations materials are incorporated
by reference.
* Replaced the Building Act 1991
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21 May 2018 UP NEC-BRS 11
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Regulations and standards make room


for different design approaches:
•  Prescription-Based Design (PresBD) *
•  Performance-Based Design (PerfBD)

* frequently, but ambiguously,


termed Code-Based Design
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Regulations and standards make room


for buildings of different ages, including:
•  Proposed or new
•  Existing
•  Existing for more than 15 years *

* beyond the term of liability of


original designer and builder
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GUSALING MATIBAY…
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PBA 2018 video version G 0307 (03:35)


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Presentation Outline
1.0 User Highlights
2.0 Background
3.0 Comparison
4.0 Legal Reform Highlights
5.0 Disaster Risk Management Highlights
6.0 Leap from Paper to Practice
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1.0
USER HIGHLIGHTS
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Locate, design, and construct


buildings to be more resilient
against multiple hazards.
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Ensure adequate services and


facilities according to industry
standards.
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Design buildings to be more resilient


against multiple hazards, especially:
•  permanent centers for temporary evacuation; and
•  regular structures with secondary use for temporary
evacuation.

Select appropriate sites.


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Chapter IV – Design
•  Section 19 – General Requirements…
•  Section 20 – Stability
•  Section 21 – Protection from Fire
•  Section 22 – Protection from Moisture and Surface Water
•  Section 23 – Protection from Other Hazards
•  Section 24 – Safety of Users or Occupants
•  Section 25 – Access
•  Section 26 – Energy and Energy Efficiency
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Secure building permits through


newly streamlined process.
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Streamline building permit process:

•  simplify where possible; and


•  clarify where special requirements are needed for
structural stability and fire-safety construction.
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Risk-Informed Permitting Processes


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Assess old buildings:

•  self-assessment guidelines for small houses; or


•  government-accredited certifiers for regular and special
structures, especially schools, hospitals, and government
buildings.
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Consider retrofit and other options for


old buildings.
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Incentivize retrofit of old buildings:

•  adapt standards for existing buildings


•  reduce fees
•  recommend fund sources
•  encourage insurance programs
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Create inter-agency building


regulations and standards council:
•  multi-sectoral;
•  to review and recommend revisions every 5 years.
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Multiple Sectors and Agencies


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Participate actively in updating


national building regulations and
standards.
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2.0
BACKGROUND
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Project (2016-2017)
•  Technical assistance provided to DPWH under the World
Bank-supported Second Disaster Risk Management
Policy Loan with a Catastrophe-Deferred Drawdown
Option, to review and propose updates to the National
Building Code of the Philippines (NBCP).
•  NBCP (1977) and IRR (2005) need to be fully reconciled
with the various referral codes and standards, as well as
other government issuances both national and local.

71 pp Example:
PD 1096 253 pp 1,000 pp Struct Code (2015)
Example:
23 pp Fire Code (2008)
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Example of
referral code
NSCP 2015;
7th Edition;
Developed by the
national association
of civil-structural
engineers, ASEP;
1,000 pp
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Example of other
legislation
Fire Code of 2008;
Repealed PD 1185;
Implemented by another
national agency, BFP;
23 pp RA 9514;
475 pp IRR (2009)
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Sendai Framework for DRR 2015-2030


•  Substantially reduce global disaster mortality
•  Substantially reduce the number of affected people
•  Reduce direct disaster economic loss in relation to global
gross domestic product (GDP)
•  Substantially reduce disaster damage to critical
infrastructure and disruption of basic services

Ÿ Life
Ÿ Health
Ÿ Property
Ÿ Public Welfare
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Life Health Property Public Welfare


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Philippine Building Act of 2018


•  SECTION 2. Declaration of Principles and Policies. The
State shall safeguard life, health, property, and public
welfare, consistent with principles of sustainable
development. Towards this end, it shall be the policy of
the State to provide for all buildings and structures, a
framework of minimum standards and requirements,
mainstreaming disaster risk reduction and management,
to regulate and control their location, siting, planning,
design, construction, occupancy, and maintenance…
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Philippine Building Act of 2018


•  SECTION 2. Declaration of Principles and Policies. …In
pursuit of these policies, the State shall institutionalize a
system that will provide for periodic review and flexible
mechanisms in the updating of regulations and standards
and will strengthen the participation of relevant
stakeholders, taking into account the importance of
allowing for continuing innovation in building design and
construction.
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3.0
COMPARISON
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NBCP (1977)
•  Chapter 1. General Provisions
•  Chapter 2. Administration and Enforcement
•  Chapter 3. Permits and Inspection
•  Chapter 4. Types of Construction *
•  Chapter 5. Requirements for Fire Zones *
•  Chapter 6. Fire Resistive Requirements in
Construction *
•  Chapter 7. Classification and General
Requirements of All Buildings
by Use or Occupancy *

* 17 chapters (out of 21) have mainly technical sections.


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NBCP (1977)
•  Chapter 8. Light and Ventilation *
•  Chapter 9. Sanitation *
•  Chapter 10. Building Projection over Public Streets *
•  Chapter 11. Protection of Pedestrians during
Construction or Demolition *
•  Chapter 12. General Design and Construction
Requirements *
•  Chapter 13. Electrical and Mechanical Regulations *
•  Chapter 14. Photographic and X-ray Films *

* 17 chapters (out of 21) have mainly technical sections.


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NBCP (1977)
•  Chapter 15. Prefabricated Constructions *
•  Chapter 16. Plastics *
•  Chapter 17. Sheet Metal Paint Spray Booths *
•  Chapter 18. Glass and Glazing *
•  Chapter 19. The Use of Computer *
•  Chapter 20. Signs *
•  Chapter 21. Transitory and Final Provisions

* 17 chapters (out of 21) have mainly technical sections.


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PBA of 2018
•  Chapter I – General Provisions
•  Chapter II – Classification of Buildings *
•  Chapter III – Location, Siting, and Zoning Requirements *
•  Chapter IV – Design Requirements *
•  Chapter V – Construction Requirements *
•  Chapter VI – Building Materials *
•  Chapter VII – Occupancy, Maintenance, and Abatement of
Buildings

* New technical sections in such chapters will be elaborated


partly in the IRR and mostly in the Reference Standards.
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PBA of 2018
•  Chapter VIII – Administration
•  Chapter IX – Permits and Inspections
•  Chapter X – Incentives and Penalties
•  Chapter XI – Final Provisions
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3.1
PBA SECTIONS:
FOR COMPARISON
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I – General Provisions
•  Section 1 – Short Title
•  Section 2 – Declaration of Principles and Policies
•  Section 3 – Objectives of the Act
•  Section 4 – Scope and Application
•  Section 5 – Interpretation
•  Section 6 – Definition of Terms
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II – Classification of Buildings
•  Section 7 – Classification System
•  Section 8 – … According to Fire Resistivity
•  Section 9 – … According to Use or Occupancy
•  Section 10 – … According to Required Permitting Process
•  Section 11 – Buildings and Structures
•  Section 12 – Requirements for Each Type…
•  Section 13 – Changes in... Occupancy and/or Type of
Construction…
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III – Location, Siting, and Zoning


•  Section 14 – General Requirements…
•  Section 15 – Protection of the Site Environment
•  Section 16 – Protection of the Public
•  Section 17 – Requirements in Hazard Zones and Special
Sites
•  Section 18 – Resilience
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IV – Design
•  Section 19 – General Requirements…
•  Section 20 – Stability
•  Section 21 – Protection from Fire
•  Section 22 – Protection from Moisture and Surface Water
•  Section 23 – Protection from Other Hazards
•  Section 24 – Safety of Users or Occupants
•  Section 25 – Access
•  Section 26 – Energy and Energy Efficiency
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IV – Design
•  Section 27 – Services and Facilities
•  Light and ventilation
•  Water supply
•  Drainage, and water detention where applicable
•  Wastewater disposal
•  Solid waste management
•  Pest and vermin control
•  Power and fuel supply
•  Communication facilities
•  Conveyance and parking facilities …
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V – Construction
•  Section 28 – General Requirements…
•  Section 29 – Innovative Construction Technologies
•  Section 30 – Safety and Protection During Construction
•  Section 31 – Protection of Property During Construction
•  Section 32 – Phased or Incremental Construction
•  Section 33 – Construction Waste Management
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VI – Building Materials
•  Section 34 – General Requirements…
•  Section 35 – Selection of Material
•  Strength
•  Fire resistivity
•  Moisture resistance
•  Durability
•  Sustainability…
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VII – Occupancy, Maintenance, & Abatement


•  Section 36 – General Requirements…
•  Section 37 – Maintenance, Inspection, and Assessment…
•  Section 38 – Special Provision for Buildings Completed
More than 15 Years Prior to the
Effectivity of this Act
•  Section 39 – Abatement of Dangerous and Ruinous
Buildings
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VIII – Administration
•  Section 40 – National Building Official…
•  Section 41 – Building Regulations and Standards Council
•  Section 42 – Office of the National Building Official
•  Section 43 – Regional Building Appeals Boards
•  Section 44 – Offices of the Local Building Official…
•  Section 45 – Special Jurisdictions
•  Section 46 – Sharing and Use of Fees and Fines
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VIII – Administration
•  Section 47 – Qualifications of Local Building Officials
•  Section 48 – Powers, Obligations, and Functions of LBOs
•  Section 49 – Responsibilities of Building Owners
•  Section 50 – Responsibilities of Building Professionals
•  Section 51 – Responsibilities of Building Contractors
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IX – Permits and Inspections


•  Section 52 – Types of Permit
•  Section 53 – Detailed Classification of Buildings for
Permitting Purposes
•  simplified process for Deemed-to-Satisfy: Class P1 Structures
•  regular process for Regular: Class P2 Structures
•  mandatory structural peer review for Special: Class P3 Structures
•  Section 54 – Application for Permit
•  Section 55 – Processing of the Permit Application
•  Section 56 – Validity of Permit
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IX – Permits and Inspections


•  Section 57 – Grounds for Non-Issuance, Suspension, or
Revocation of Permit
•  Section 58 – Complaint
•  Section 59 – Appeal to the Regional Building Appeals
Board
•  Section 60 – Appeal to the National Building Official
•  Section 61 – Inspection and Supervision of Work and
Building or Structure
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X – Incentives and Penalties


•  Section 62 – Incentives
•  Section 63 – Prohibited Acts and Omissions
•  by the Building Owner and/or representative
•  by the Building Professional
•  by the Building Contractor
•  by the Accredited Certifier
•  by the Accredited Structural Peer Reviewer
•  by the Accredited Testing Laboratory
•  by the Accredited Inspector
•  by the Local Building Official
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X – Incentives and Penalties


•  Section 64 – Fines and Penalties
•  Section 65 – Criminal Liabilities of Building Owners,
Building Professionals, Building
Contractors, Accredited Certifiers,
Accredited Structural Peer Reviewers,
Accredited Testing Laboratories, and
Accredited Inspectors
•  Section 66 – Criminal Liability of Local Building Officials
and Staff
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XI – Final Provisions
•  Section 67 – Appropriations
•  Section 68 – Transitory Provision
•  Section 69 – Implementing Rules and Regulations
•  Section 70 – Non-Retroactivity Clause
•  Section 71 – Mandatory Review
•  Section 72 – Separability Clause
•  Section 73 – Repealing Clause
•  Section 74 – Effectivity Clause
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Classn of Bldgs for Permit Processing


NBCP (1977) PBA of 2018 *
Class P1: Deemed-to- •  Deemed-to-Satisfy: Class
Satisfy: with simplified P1: with simplified
processing processing
•  Regular •  Regular: Class P2
•  Special: Class P3: with
structural peer review
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National Administration
NBCP (1977) PBA of 2018 *
•  Secretary of the •  National Building Official
Department (NBO)
•  National Building Code •  Building Regulations and
Review Committee Standards Council
(NBCRC) (BRSC)
•  NBCP Board of •  Technical Working Groups
Consultants (NBCP-BoC) (TWGs) of BRSC
•  NBC Development Office •  Office of the National
(NBCDO) Building Official (ONBO)
•  Regional Bldg Appeals
Boards (RBABs)
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Office of the [Local] Building Official


NBCP (1977)* PBA of 2018 *
Cluster OLBO for adjacent •  Cluster OLBO for
2nd to 6th class adjacent 2nd to 6th class
municipalities that are municipalities that are
accessible to each other accessible to each other
•  Concurrent Office of City/ •  Concurrent Office of City/
Municipal Engr Municipal Engr
Separate * with
OLBOthe LGC
for city or •  Separate OLBO for city or
1st class municipality 1st class municipality
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Accredited Persons
NBCP (1977) PBA of 2018 *
•  Building Certifier
•  Structural Peer Reviewer
•  Testing Laboratory
•  Building Inspector

* according to IRR with respect to


national accreditation
requirements and corresponding
liabilities, in order to complement
owners, professionals,
contractors, or LBOs
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Responsibilities
NBCP (1977) PBA of 2018 *
•  Building Owner •  Building Owner
Building Professional •  Building Professional
Building Contractor •  Building Contractor
•  [Local] Building Official •  Local Building Official

* with respective prohibited acts


and omissions and corresponding
fines, penalties or criminal
liabilities, in addition to those
under other laws governing
professional practice or
contracting
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Multiple Hazards
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Multiple Exposures
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4.0
LEGAL REFORM
HIGHLIGHTS
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Shifting from a Code to an Act


•  Shift from a code into a lean statute that retains the same
cohesive subject matter and mandates the National
Building Official (NBO) which in this case is the Secretary
of Public Works and Highways, through the
recommendation by the multi-sectoral, inter-agency
BRSC, to issue rules and regulations and promulgate
reference standards more flexibly and timely, encouraging
update and innovation.
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Adherence to the One-Subject-One-Bill


Rule
•  Ensure that, in the title and in the entire statute, all parts
are related and are germane to the subject matter
expressed in the title, or are not inconsistent with or
foreign to the general subject and title.
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Creation of Offices
•  Create offices and strengthen existing institutions which
regulate buildings and structures, taking into account the
realities of varying staffing capacities and varying needs
for regulation across the country.
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Conferment of Status on Private


Persons
•  Confer status to private persons and practices, among
which are: Accredited Certifiers, Accredited Structural
Peer Reviewers, Accredited Testing Laboratories, and
Accredited Inspectors, to enhance capacities for
compliance and enforcement.
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Update of the Use of Income Collected


from Fees
•  Update the standardized sharing and use of fees and
fines collected by the Local Building Officials, and reflect a
legal regime that is fair and equitable to all offices
concerned.
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Clear Identification of Liabilities and


Penalties
•  Identify clearly the prohibited acts and omissions that the
parties – private and government – would be held liable
for, and the corresponding penalties, rather than leave
these to the administrative authority to enumerate later on
in the IRR.
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5.0
DRM HIGHLIGHTS
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Policy of the State to mainstream


disaster risk reduction and
management
•  Section 2 – Declaration of Principles and Policies
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Objective of the Act to reduce and


manage hazards, exposures, and
vulnerabilities, thereby minimizing
disaster risk
•  Section 3 – Objectives of the Act
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•  Section 3 – Objectives of the Act. The objectives of this Act


are as follows:
(a) To provide for the effective regulation of planning, design, construction,
occupancy, and maintenance of buildings and structures, the establishment of
a permitting process based on their classifications, and the setting of
reference standards…
(b) To promote the accountability of relevant stakeholders in ensuring
enforcement of and compliance with this Act, rules and regulations, and
reference standards.
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General requirements for design


considering multiple hazards at the
specific location, site and zone
•  Section 14 – General Requirements…
•  Section 15 – Protection of the Site Environment
•  Section 17 – Requirements in Hazard Zones and Special
Sites
•  Section 23 – Protection from Other Hazards
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General requirements for maintenance


of existing or old (including heritage)
buildings, and provisions for
corresponding incentives (financial or
otherwise) for retrofit
•  Section 38 – Special Provision for Buildings Completed
More than 15 Years Prior to the
Effectivity of this Act
•  Section 67 – Appropriations
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General provisions for post-disaster or


post-crisis recovery and reconstruction

•  Section 18 – Resilience
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Risk-informed provisions of alternate


procedures for various types of building
or structure
•  Section 10 – … According to Required Permitting Process
•  Section 37 – Maintenance, Inspection, and Assessment…
•  Section 53 – Detailed Classification of Buildings for
Permitting Purposes
•  Section 61 – Inspection and Supervision of Work and
Building or Structure
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Proportionate fees and fines


•  Fees and fines are both to be computed based on total
construction cost.
•  Fines shall range between 0.01% and 1.0% of the total
construction cost, depending on a detailed schedule in the
IRR that takes into consideration the occupancy group,
the building classification according to permitting process,
and other criteria promulgated by the NBO through IRR.
•  Criminal liability may also be penalized by imprisonment
between 6 months and 6 years.
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6.0
LEAP FROM PAPER TO
PRACTICE
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Advocacy among the various


concerned sectors

Information and coordination


among the regulatory agencies

Preparatory or transitory work for the


BRSC, IRR, and Reference
Standards
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Protocols for periodic review


and revision

Capacity building for effective


compliance and enforcement

Reporting and monitoring:


data gathering
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PROPOSED
PHILIPPINE BUILDING
ACT (PBA) OF 2018
Proposal from a Two-Year Review Project by:
UP through NEC-BRS i.c.w. Law Center
DPWH and WB
Presented by:
Benito M. Pacheco riskguide101@up.edu.ph
Professor
Institute of Civil Engineering, UP Diliman