Chapter 2: ADMINISTRATION AND ENFORCEMENT Flashcards
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 201. Responsibility for Administration and Enforcement
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 202. Technical Staff
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 therefore, the services of such number of consultants, experts and advisers on full or partime basis, as may be necessary, coming from the government or private businesses, entities or associations to carry out the provisions of this Code.
SECTION 204. Professional and Technical Assistance
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 to 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 205. 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 206. Qualifications of Building Officials
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 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 203. General Powers and Functions of the Secretary under this Code
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. 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 207. Duties of a Building Official
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 city or municipal treasurer and shall
accrue to the General Fund of the province, city or municipality concerned.
SECTION 208. Fees
Public buildings and traditional indigenous family dwellings shall be exempt from payment of building permit fees. As used in this Code, the term “traditional 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 209. Exemption
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 210. Use of Income from Fees
For the violation of any of the provisions of this Code or any of the rules or regulations issued thereunder, the Secretary is hereby empowered to prescribe and impose fines not exceeding ten thousand pesos.
SECTION 212. Administrative Fines
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 211. Implementing Rules and Regulations
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 213. Penal Provisions
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.
SECTION 216. Other Remedies
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 215. Abatement of Dangerous Buildings
