PACHECO Proposed PBA 2018 June 14 15 and August 11

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
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
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
Reference Standards
Act
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
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.
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.

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
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
21 May 2018 UP NEC-‐BRS 10
21 May 2018 UP NEC-BRS 11
14-15 June 2018 and 11 August 2018 UP NEC-BRS 12
Regulations and standards make room

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

termed Code-Based Design
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
GUSALING MATIBAY…
PBA 2018 video version G 0307 (03:35)

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
1.0
USER HIGHLIGHTS
Locate, design, and construct

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

facilities according to industry
standards.
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.

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
Secure building permits through

newly streamlined process.
21 May 2018 UP NEC-BRS 25
Streamline building permit process:
•  simplify where possible; and

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

Assess old buildings:
•  self-assessment guidelines for small houses; or

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

old buildings.
Incentivize retrofit of old buildings:
•  adapt standards for existing buildings

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

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

Participate actively in updating

national building regulations and
standards.
2.0
BACKGROUND
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)
Example of
referral code
NSCP 2015;
7th Edition;
Developed by the
national association
of civil-structural
engineers, ASEP;
1,000 pp
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)
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
 Life
 Health
 Property
 Public Welfare
Life Health Property Public Welfare

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…
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.
3.0
COMPARISON
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.

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 *

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

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.
PBA of 2018
•  Chapter VIII – Administration
•  Chapter IX – Permits and Inspections
•  Chapter X – Incentives and Penalties
•  Chapter XI – Final Provisions
3.1
PBA SECTIONS:
FOR COMPARISON
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
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…
III – Location, Siting, and Zoning

•  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
IV – Design
•  Section 20 – Stability
•  Section 21 – Protection from Fire
•  Section 22 – Protection from Moisture and Surface Water
•  Section 24 – Safety of Users or Occupants
•  Section 25 – Access
•  Section 26 – Energy and Energy Efficiency
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 …
V – Construction
•  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
VI – Building Materials
•  Section 35 – Selection of Material
•  Strength
•  Fire resistivity
•  Moisture resistance
•  Durability
•  Sustainability…
VII – Occupancy, Maintenance, & Abatement

•  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
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
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
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
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
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
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
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
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
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)
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
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
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
Multiple Hazards
Multiple Exposures
4.0
LEGAL REFORM
HIGHLIGHTS
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.
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.
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.
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.
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.
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.
5.0
DRM HIGHLIGHTS
Policy of the State to mainstream

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

manage hazards, exposures, and
vulnerabilities, thereby minimizing
disaster risk
•  Section 3 – Objectives of the Act
•  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.
General requirements for design

considering multiple hazards at the
specific location, site and zone
•  Section 15 – Protection of the Site Environment
•  Section 17 – Requirements in Hazard Zones and Special
Sites
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
General provisions for post-disaster or

post-crisis recovery and reconstruction
…
•  Section 18 – Resilience
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
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.
6.0
LEAP FROM PAPER TO
PRACTICE
Advocacy among the various

concerned sectors
Information and coordination

among the regulatory agencies
Preparatory or transitory work for the

BRSC, IRR, and Reference
Standards
Protocols for periodic review

and revision
Capacity building for effective

compliance and enforcement
Reporting and monitoring:

data gathering
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

PACHECO Proposed PBA 2018 June 14 15 and August 11

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

PACHECO Proposed PBA 2018 June 14 15 and August 11

Uploaded by

Copyright:

Available Formats

14-15 June 2018 UP NEC-BRS 1

Building Regulatory Reform in PH

• National Building Code: • Philippine Building Act of

• Building Standard Law: • Legislative act of Parliament:

cf. California, USA

• California Building • Health and Safety Code,

cf. British Columbia, Canada

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

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

cf. Western Australia

• Building Act 2011* • Legislative act

cf. New Zealand

• Building Act 2004* • Legislative act

Regulations and standards make room

* frequently, but ambiguously,

Regulations and standards make room

* beyond the term of liability of

PBA 2018 video version G 0307 (03:35)

Locate, design, and construct

Ensure adequate services and

Design buildings to be more resilient

Select appropriate sites.

Secure building permits through

Streamline building permit process:

• simplify where possible; and

Risk-Informed Permitting Processes

Assess old buildings:

• self-assessment guidelines for small houses; or

Consider retrofit and other options for

Incentivize retrofit of old buildings:

• adapt standards for existing buildings

Create inter-agency building

Multiple Sectors and Agencies

Participate actively in updating

Sendai Framework for DRR 2015-2030

Life Health Property Public Welfare

Philippine Building Act of 2018

Philippine Building Act of 2018

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

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

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

* New technical sections in such chapters will be elaborated

III – Location, Siting, and Zoning

VII – Occupancy, Maintenance, & Abatement

IX – Permits and Inspections

IX – Permits and Inspections

X – Incentives and Penalties

X – Incentives and Penalties

Classn of Bldgs for Permit Processing

Office of the [Local] Building Official

* according to IRR with respect to

* with respective prohibited acts

Shifting from a Code to an Act

Adherence to the One-Subject-One-Bill

Conferment of Status on Private

Update of the Use of Income Collected

Clear Identification of Liabilities and

Policy of the State to mainstream

Objective of the Act to reduce and

• Section 3 – Objectives of the Act. The objectives of this Act

General requirements for design

General requirements for maintenance

General provisions for post-disaster or

Risk-informed provisions of alternate

•  National Building Code: •  Philippine Building Act of

•  Building Standard Law: •  Legislative act of Parliament:

•  California Building •  Health and Safety Code,

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

•  Building Act 2011* •  Legislative act

•  Building Act 2004* •  Legislative act

•  simplify where possible; and

•  self-assessment guidelines for small houses; or

•  adapt standards for existing buildings

•  Section 3 – Objectives of the Act. The objectives of this Act