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OPERATIONS MANUAL:
A GUIDE FOR LOCAL GOVERNMENT UNITS
Decentralization Program
ii
This publication is made possible by the German Technical Cooperation (GTZ) commissioned
by the German Federal Ministry for Economic Cooperation and Development (BMZ)
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Message
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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INTRODUCTION
n the interest of enabling local government units (LGU) that contribute towards
improving framework conditions for business and investment, increase their local
revenue, and improve their services, the German Technical Cooperation (GTZ) in
partnership with the Department of Interior and Local Government (DILG-7), the
Department of Trade and Industry (DTI-7) and the Cebu City Government initiated
the Streamlining of Business Permit and Licensing System of selected LGUs in Cebu
Province.
Twelve (12) LGUs namely Naga, Minglanilla, San Fernando, Moalboal, Carcar,
Talisay City, Barili, Cordova, Danao City, Liloan, Compostela and Consolacion
underwent technical and process workshops on BPLS streamlining as well as on-site
coaching. Capacity Development Trainings were also conducted such as Records
Management, Business Tax Assessment and Evaluation of Gross Sales and Monitoring
and Evaluation to strengthen the institutional support of BPLS. To further ensure that BPLS
is continued even after January, a Capability Development Training on BPLS Inspectorate
Team was conducted last March 2009 with the objective of institutionalizing Conduct of
Inspection whole year round.
An offshoot of this training is the creation of this BPLS Inspectorate Team Operations
Manual: A Guide for LGUs. Hopefully, through this we will be able to assist you in the
following:
1. Establishment of your Inspectorate Team; the composition of your members and
their roles;
2. The Process of conducting an Inspection: supporting laws and ordinances as well
as forms;
3. And finally, the challenge of sustaining your BPLS Inspectorate Team.
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BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
Contents
Message
Introduction
Table of Contents
Acronyms
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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LIST OF ACRONYMS
BFP
BOSS
BP
BPL
BPLO
BPLS
CCG
DILG
DTI
EO
GTZ
GTZ-DP
ISO
LGU
OD
OBO
PD
RA
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BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
PART 1
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
Having identified that inspection causes the delay in the business permit process,
the need to create a Composite Inspectorate Team is inevitable, and is the only solution
that has been proven effective. Not only does it facilitate the joint interaction and
cooperation of the various inspection offices, it also allows them to accomplish all
inspection requirements in a single moment thereby making the process move faster.
Resources are jointly used and effectively shared thus addressing the universal problem
on scarce resources.
As
required
by RA No.
9485, the
Citizens
Charter
should
provide for
feedback/
complaint
mechanism.
The creation of the joint Inspectorate Team puts together into one cooperative
effort the various regulatory inspection activities of the following offices in securing
a business permit: Engineers Office, Health Office, Building Official, Planning and
Development Office, Treasurers Office and the Licensing Office, Bureau of Fire
Protection (BFP).
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
For the Legal Mandate to be effective, the following should be explicitly stated:
1. Composition Members of the Team from various regulatory offices (Engineering,
Office of the Building Official or OBO, Planning, Business Permit and Licensing
Officer or BPLO, Fire, Health etc.)
2. Roles and Functions of the Members
3. Schedule of Activities
a. Conduct of Inspection
b. Monitoring Activities
c. Report Preparation
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
Zoning Ordinance
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
ENGINEERING OFFICE /
BUILDING OFFICIAL
BUREAU OF FIRE
PROTECTION
CITY/MUNICIPAL
HEALTH OFFICE
CITY/MUNICIPAL
PLANNING OFFICE
(ZONING)
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
CITY/MUNICIPAL
TREASURERS OFFICE
The proposed leader of the Inspectorate Team should be that from the Mayors
Office or the Permits and Licensing Office being directly under the supervision of the
Mayor. However, in the absence of the above, the preference of the mayor among
the members will be considered especially if his/her choice enjoys his/her trust and
confidence.
In Cebu City, the Liquor Licensing Commission also forms part of the
Inspectorate Team. Its main thrust is the regulating and monitoring of
establishments which sell alcohol and cigarettes. This is an initiative which
LGUs can also undertake depending on the kind of establishments that are
in existence within the locality.
Prepare the general objectives of the BPLS Inspectorate Team based on its legal
purpose
Identify and review reference documents related to BPLS Inspection such as the
Local Government Code and Ordinances
Identify the role of each BPLS Inspectorate Team member according to the purpose
of the office being represented
Map out the overall BPLS Inspection Procedure (as illustrated in Part 2)
Determine linkages with other offices involved in the overall BPL System
Formulate and finalize necessary documents to be used during the inspection
(refer to Part 2 Item C)
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
Schedule of Inspection
Monday
Tuesday Morning
Tuesday
Wednesday Morning
Wednesday
Thursday Morning
Thursday
Friday Morning
Friday
Monday Morning
1. The Inspectorate Team would devise the schedule or timetable of inspection either
for the new business or renewal according to the volume of impending business
establishments, since not all LGUs have enough personnel who could just focus on
inspection due to having other regulatory functions other than inspection.
2. It is suggested that the term Inspectorate team be changed to Inspection Team.
The term inspectorate somehow connotes with that of law enforcement team.
Meaning, with force and authority. Since the LGU also espouses a businessfriendly environment, to attract and retain investors, it would be better if it is
termed as Inspection Team as part of their routinary function.
Looking at the schedule above, the initial reaction could be hectic! However, it
should be noted that application for new business is not an everyday transaction. A
week or a month would pass without an applicant.
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
PART 2
OVERVIEW
The BPLS Inspection Procedure that will be presented in this section follows the basic
framework of ISO 9001 which is the Generic Management System Standards.
Generic means that the same standard can be applied to any organization, large or
small, whatever its product or service, in any sector of activity, and whether it is a business
enterprise, a public administration, or a government department. ISO 9001 contains a
generic set of requirements for implementing a quality management system. (www.ISO.
org). In particular, ISO 9001:2008 specifies requirements for a quality management
system where an organization.
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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The entire inspection procedure, and each step of the procedure, has its own
identified Objective, Scope, Related Documents, Records and Procedure Details.
These details allow the team to validate and evaluate the interaction and interplay of
each step in the procedure, ultimately corroborating that each purpose produces the
intended result.
Note: The version presented here, of course, is an adaptation of the ISO 9001,
to suit the purpose, and factors by which the inspection procedure is dependent upon.
FRAMEWORK & PROCEDURE
A. Objective - indicate the purpose of the procedure.
This procedure starts from the preparation for inspection of establishments and
ends with the preparation of inspection report.
Related Documents
Source
Mission Order
Mayors Office
Inspection Checklist
BPLO
BPLO
BPLO
BPLO
BPLO
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BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
Personnel
Responsible
START
prepare for
inspection
Conduct
inspection
prepare
inspection
Report
end
BPLO/Team Leader
Inspectorate Team
Members
BPLO/Team Leader
Inspectorate Team
Members
BPLO/Team Leader
Inspectorate Team
Members
Related Documents:
1. Mission Order - Source:
Mayors Office
2. Inspection Checklist
- Source: Per Regulatory Office
3. BPLS Consolidated Inspection
Form (7 copies) - Source: BPLO
4. Notice of Violation Form (3
copies/establishment)
- Source: Per Regulatory Office
5. List of Establishments to Inspect
- Source: BPLO
6. BPL Consolidated Inspection
Form (7 copies) - Source: BPLO
Record:
1. Filled-out and signed BPLS
Consolidated Inspection Form (1
copy to establishment, 1 copy to
BPLO, 1 copy per Inspector)
2. Filled-out and signed Inspection
Report Form from each
Regulatory Office (1 copy to
establishment, 1 copy to BPLO, 1
copy per Inspector)
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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PART 3
The BPLS Inspection Procedure
Personnel
Responsible
START
prepare for
inspection
Conduct
inspection
prepare
inspection
Report
end
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BPLO/Team Leader
Inspectorate Team
Members
BPLO/Team Leader
Inspectorate Team
Members
BPLO/Team Leader
Inspectorate Team
Members
Related Documents:
1. Mission Order - Source:
Mayors Office
2. Inspection Checklist
- Source: Per Regulatory Office
3. BPLS Consolidated Inspection
Form (7 copies) - Source: BPLO
4. Notice of Violation Form (3
copies/establishment)
- Source: Per Regulatory Office
5. List of Establishments to Inspect
- Source: BPLO
6. BPL Consolidated Inspection
Form (7 copies) - Source: BPLO
Record:
1. Filled-out and signed BPLS
Consolidated Inspection Form (1
copy to establishment, 1 copy to
BPLO, 1 copy per Inspector)
2. Filled-out and signed Inspection
Report Form from each
Regulatory Office (1 copy to
establishment, 1 copy to BPLO, 1
copy per Inspector)
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
B. Implementing Guidelines
1. The newly organized BPLS Inspectorate Team needs to review and discuss the
following:
Objectives of the BPLS Inspection based on pertinent laws and regulations
Role of each BPLS Inspectorate Team member according to the purpose of
the office being represented
BPLS Inspection Procedure details (as discussed in Part 2)
Coordinative relations with other offices involved in the overall BPL System
All Implementing Guidelines for Inspection
a. Guidelines in Preparation for Inspection
b. Guidelines in Conducting Inspection
c. Guidelines in Inspection Report Preparation
All Related Documents and Forms needed for inspection
a. Mission Order
b. Inspection Checklist
c. BPLS Consolidated Inspection Report Form
d. Notice of Violation Form
Place and time of assembly
2. As a continuous activity, the BPLS Inspectorate Team needs to ensure:
Integration of improvements in the Inspection Procedure based on the
previous inspection done
Availability of:
a. Updated information on List of Establishments to Inspect
b. Approved and signed Mission Order
c. BPLS Consolidated Inspection Report Form 7 copies per establishment
d. Notice of Violation Form 3 copies per establishment
Readiness of logistics needed:
a. Trip ticket (if applicable)
b. Vehicle (if applicable)
c. Camera
d. Identification Paraphernalia (incl. identification card, introduction letter
from the mayor, t-shirt with printed name of LGU)
C. Required Documents
1. Mission Order Source: Mayors Office
The BPLS Inspectorate Team is required to get a Mission Order from the Mayors
Office, indicating the list of establishments to be inspected. This is in addition
to the Mission Order which each regulatory office has, particularly those that
operate at National Level, such as Fire and Sanitation (Health).
2. Inspection Checklist Source: Per Regulatory Office
Each regulatory office is expected to bring their respective Inspection Checklist
specific to their area of inspection or concern. Such lists take into account whether
the establishment is for public or private use, residential or commercial and other
extensive and exhaustive classifications.
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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NEW
RENEWAL
Findings
Municipal Planning
& Development
Conforming
Allowable
Non
Conforming
Municipal Engineer
Office/OBO
Complying
Bureau of Fire
Protection
Complying
Municipal Health
Complying
Remarks
Inspectors
Signature Over
Printed Name
Non
Complying
Non
Complying
Non
Complying
Municipal Treasurer
Complying
Non
Complying
Recommendation:
NOTES:
Draw Sketch Map of the establishment at the back of the form.
Furnish the Operator and BPLO with individual Inspection Report from each Regulatory Office.
Please see Individual Inspection Report for any violations noted herein.
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BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
The BPLS Consolidated Inspection Report Form serves as the 1st NOTICE OF
VIOLATION, as indicated under RECOMMENDATION.
However, each Regulatory Office may furnish a Letter of Violation for specific
findings and its eventual resolution of violations.
A. Procedure Summary
Procedure Flow
Personnel
Responsible
START
prepare for
inspection
Conduct
inspection
prepare
inspection
Report
end
BPLO/Team Leader
Inspectorate Team
Members
BPLO/Team Leader
Inspectorate Team
Members
BPLO/Team Leader
Inspectorate Team
Members
Related Documents:
1. Mission Order - Source:
Mayors Office
2. Inspection Checklist
- Source: Per Regulatory Office
3. BPLS Consolidated Inspection
Form (7 copies) - Source: BPLO
4. Notice of Violation Form (3
copies/establishment)
- Source: Per Regulatory Office
5. List of Establishments to Inspect
- Source: BPLO
6. BPL Consolidated Inspection
Form (7 copies) - Source: BPLO
Record:
1. Filled-out and signed BPLS
Consolidated Inspection Form (1
copy to establishment, 1 copy to
BPLO, 1 copy per Inspector)
2. Filled-out and signed Inspection
Report Form from each
Regulatory Office (1 copy to
establishment, 1 copy to BPLO, 1
copy per Inspector)
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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B. Implementing Guidelines
1. Establish and observe protocol during inspection
Show identification paraphernalia:
a. Identification card
b. Uniform
c. Approved and signed Mission Order
BPLS Inspectorate Team Leader introduces the team (and the offices being
represented) to the manager or owner of the business establishment and
declare their purpose of visit
Extend courtesy at all times
Conduct inspection discretely to avoid creating a negative impression on
the business
2. Gather all pertinent information during inspection
Refer to Inspection Checklist per regulatory office
Take turns in asking questions
Clarify responses when necessary
Take pictures (if necessary) for documentation purposes
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BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
A. Procedure Summary
Procedure Flow
Personnel
Responsible
START
prepare for
inspection
Conduct
inspection
prepare
inspection
Report
BPLO/Team Leader
Inspectorate Team
Members
BPLO/Team Leader
Inspectorate Team
Members
BPLO/Team Leader
Inspectorate Team
Members
end
Related Documents:
1. Mission Order - Source:
Mayors Office
2. Inspection Checklist
- Source: Per Regulatory Office
3. BPLS Consolidated Inspection
Form (7 copies) - Source: BPLO
4. Notice of Violation Form (3
copies/establishment)
- Source: Per Regulatory Office
5. List of Establishments to Inspect
- Source: BPLO
6. BPL Consolidated Inspection
Form (7 copies) - Source: BPLO
Record:
1. Filled-out and signed BPLS
Consolidated Inspection Form (1
copy to establishment, 1 copy to
BPLO, 1 copy per Inspector)
2. Filled-out and signed Inspection
Report Form from each
Regulatory Office (1 copy to
establishment, 1 copy to BPLO, 1
copy per Inspector)
B. Implementing Guidelines
1. Prepare the BPLS Consolidated Inspection Report Form (immediately after the
inspection to provide the owner of the establishment with a copy)
a. The BPLS Inspectorate Team Leader shall fill up the BPLS Consolidated
Inspection Form except for the designated section for each Regulatory
Office.
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
PART 4
EVALUATING THE BPLS INSPECTION PROCEdure
Just like any endeavor, the BPLS Inspection Procedure and the BPLS Inspectorate
Teams success or failure can be ascertained with regular monitoring and evaluation.
Monitoring ensures that the procedure is met in accordance to each team members
role and area of responsibility; while evaluation assesses the efficiency and efficacy of
each step in the procedure in relation to target results.
It is important, therefore, that monitoring and evaluation be done as it reveals
relationships among key variables and provides insight into process behavior; thus
allowing regular review for process improvement, for the benefit of those we serve.
These regular reviews can be conducted right after a series of inspections, ideally
a week and at most a month after. In case of an unexpected incident during the
inspection disrupting the whole procedure, an immediate review after the inspection
is recommended.
The following are the suggested guidelines on the Review and Assessment of Inspection
Procedure
A. Assess experiences encountered during the inspection of establishments
1. Set a regular meeting for this activity
2. Assign a documenter of the activitys outcome
3. Discuss the BPLS Inspection Process and Logistics
What worked?
What needs to improve?
4. Discuss the experiences in handling managers and owners
of the establishments
What worked?
What needs to improve?
5. Discuss relevant concerns and formulate solutions
6. Summarize all agreements
B. Document the BPLS Inspection Review
1. The documenter shall prepare a report (referring to points A.3 to A.6 as
indicated above) on the BPLS Inspection Review.
2. Adjustments shall be made on the BPLS Inspection Procedure details, if necessary.
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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PART 5
The following elements, if present, can contribute to the successful creation of the
Inspectorate Team and sustaining its operation all year round:
1.
The success and efficacy of the Inspectorate Team can be further enhanced with
continuing education in the form of annual orientation and re-orientation on
pertinent provisions of the law. This somehow also serves as an evaluation of their
performance. It facilitates in putting everything on the right track.
4. Legal Counsel
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Aside from continuing education, the presence of a legal counsel, who the team
can consult on legal matters, is an important success mechanism that the LGU may
provide to the Inspectorate Team. It can provide legal support to the Inspectorate
Team whenever they encounter legal concerns.
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
This is to ensure that necessary information and data are in order necessary for
proper monitoring of results and initiatives.
All government offices are mandated to post the process flow concerning their
office, in the vicinity of their office, conspicuous to the public for their guidance.
This mandate has been the subject of RA 6713 approved in 1989 and reiterated
in RA 9485 The Anti Red Tape Law of 2007.
These Mechanisms are additional tools which can contribute to the successful
creation and implementation of a sound BPLS Inspectorate Team.
Choice of color can also contribute to creating a positive effect. Since black
has been the colour of the SWAT or the military, to adopt the same as the
colour of the Inspectorate Team may have an intimidating effect on the
investor. The conduct of inspection is not synonymous with raid. Thus, a bright
colour would be a better choice for the Inspectorate Team uniform. It would
be reflective of the friendliness of the LGU towards investors.
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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PART 6
ALL food handlers must have a health card, whether working in big or small
establishments. Hence, at the very least carenderias MUST comply with this
requirement.
2. What is the Turn Around Time (TAT) for the release of health cards and clearances?
The TAT for health cards would be within 24 hours for NON FOOD HANDLER,
and for FOOD HANDLER, 2-3 days. However, some required tests, both for
individuals and establishments, may take up to 5 days.
The Sanitation and Fire Safety Clearances are revocable should any business be
found in violation of laws and ordinances.
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BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
B. Fire
1. What is to be done when upon interpretation of the law, the Fire Code and
Building Code are in conflict? Which should prevail?
The Fire Code and the Building Code complement each other. The key in
differentiating each regulatory office is that the Building Code focuses on
OCCUPANCY and STRUCTURE; while the Fire Code focuses on SAFETY.
The Sanitation and Fire Safety Clearance are revocable should any business be
found in violation of laws and ordinances.
C. Building
1. What should the Inspectorate Team do when local building code fees are higher
than stipulated in the National Building Code?
The Inspectorate Team may remind the respective establishment of the following:
D. Zoning
1. What is to be done with businesses such as videokes where they have become
irritants to the area where they are established, particularly in residential areas?
The LGU should promulgate the rules and regulate the operation of nuisance
establishments. In the absence of a local ordinance, the LGU may resort to the
provision of public laws.
2. What is to be done with a piggery that declared itself established at 3 meters from
the creek but actual inspection revealed it was only 1.5 meters?
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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3. But what if they do not comply as they have already been issued the BP?
If they do not comply then inform the business that non-compliance to laws and
ordinances is grounds for refusal to the issuance of the BP due to misrepresentation.
4. What about LPG refilling stations? If they are located in residential areas what can
be done to them as they pose a hazard to residents?
They MUST comply with all the provisions for an LPG refilling station under the technical
standards of the Department of Energy and the zoning ordinance of the LGU.
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BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
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Contact:
Dr. Herwig Mayer
GTZ-Decentralization Program Manager
Unit 2A, PDCP Bank Centre
corner V.A. Rufino & L.P. Leviste Streets,
Salcedo Village, Makati City
Philippines
Phone (+63 2) 8136821
Fax
(+63 2) 8928843
www.decentralization.org.ph
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BPLS INSPECTORATE TEAM OPERATIONS MANUAL: A Guide For Local Government Units
Deutsche Gesellschaft fr
Technische Zusammenarbeit (GTZ) GmbH
- German Technical Cooperation GTZ Decentralization Program
Unit 2A, PDCP Bank Centre
Cor. V.A. Rufino & L.P. Leviste Streets
Salcedo Village, Makati City
Philippines
Phone
(+63 2) 813-6821
Fax
(+63 2) 892-8843
www.gtz.de