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PROPOSED RESOLUTION

Resolution No. ______

The Sangguniang Panlungsod of the City of Cebu, on motion of Members Dizon, M. Osmeña and Cuenco seconded by Member ___________

RESOLVED, to approve the following ordinance:

AN ORDINANCE PROPOSED ORDINANCE Ordinance No. _____

AN ORDINANCE ADOPTING BARRIER-FREE DESIGN AND STANDARDS FOR BARRIER-FREE TOURISM FOR THE BENEFIT OF THE MOBILITY-IMPAIRED, SUCH AS PERSONS WITH DISABILITIES (PWD), PEOPLE OF SHORT STATURE, ELDERLY, PREGNANT

WOMEN AND CHILDREN IN THE CITY OF CEBU

WHEREAS, Batas Pambansa Blg. 344, or the Accessibility Law, which is “An Act To Enhance The Mobility Of Disabled Persons By Requiring Certain Buildings, Institutions, Establishments And Public Utilities To Install Facilities And Other Devices”, was signed into law by President Ferdinand E. Marcos on February 25, 1983 to promote the realization of the rights of persons with disabilities (PWDs) to participate fully in the social life and the development of the societies in which they live and the enjoyment of the opportunities available to other citizens and continues to be in full force and effect today; WHEREAS, Section 25 of Republic Act 7277 or An Act Providing For The Rehabilitation, Self-Development And Self-Reliance Of Disabled Person And Their Integration Into The Mainstream Of Society And For Other Purposes, states that “the State shall ensure the attainment of a barrier-free environment that will enable disabled persons to have access in public and private buildings and establishments and such other places mentioned in Batas Pambansa Bilang 344, otherwise known as the Accessibility Law. The national and local government shall allocate funds for the provision of architectural or structural features for disabled persons in government buildings and facilities; WHEREAS, the Philippines is a state party to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which went into force on May 3, 2008, and which legislation calls for the implementation of universal and inclusive design in the built environment in both urban and rural areas and the promotion of Barrier-Free Tourism (BFT); WHEREAS, pursuant to the UNCRPD the implementing legislation shall refer to the Convention and to the Convention’s acknowledgement that the concept of disability is still evolving, and to the notions of “discrimination on the ground of disability,” “reasonable accommodation” and other important terms defined in the Convention; WHEREAS, Persons with Disabilities in the Philippines have yet to feel any significant impact on the accessibility, safety and convenience of our built environment, public transport and other infrastructure,

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which is the spirit and intention of the Accessibility Law, as mentioned in the Asian Development Bank Country Report of 2005; WHEREAS, according to the Global Accessibility News, the Commission on Human Rights has recently lamented that the Accessibility Law has been largely ignored by many construction firms, denying certain sectors in the community easy access to many buildings and establishments; WHEREAS, the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) has presented a report entitled: “Barrier-Free Tourism for People with Disabilities in the ESCAP Region” which identifies the PWD sector as an emerging market and the Older Persons sector as a strong, yet untapped market for the Philippines and the region to further strengthen our own tourism industry; WHEREAS, the UNESCAP Report also strongly recommended for governments to adopt inclusive policies and programs that favor the PWDs’ right to access tourism facilities and services and promote equal participation and inclusion among the public and private players in the industry; WHEREAS, Barrier-Free Tourism (BFT) supports the retirement program of the Philippine Retirement Authority (PRA), supports and encourages medical and local tourism, generates employment and inclusion especially among PWDs, leads to an improved quality of life for everyone, and helps to elevate our city to world-class standards; WHEREAS, the Department of Tourism (DOT) has recognized global trends and the potential impact of Barrier-Free Tourism (BFT) and, while partnering with the agencies and advocates of PWDs, has hosted 3 forums on Accessible & Barrier-Free Tourism in the cities of Manila, Cebu and Davao in the period between July 2011 and July 2012,in efforts to promote BFT as a way of increasing the tourist markets of the Philippines; WHEREAS, in accordance with Republic Act 9593 or Tourism Act of 2009, the Department of Tourism (DOT) has taken concrete steps in the promotion of Barrier-Free Tourism by including PWD-friendly design guidelines and specifications in its National Accommodation Standards provided under DOT Memorandum Circular No. 2012-02; WHEREAS, accordingly, Barrier-Free Tourism may truly be achieved by enforcing the recommended universal standard design features in all tourism sites and related facilities to remove any constraints on the mobility ,independence, safety, convenience and dignity on the part of the mobility-impaired; WHEREAS, the technical specifications provided under BP 344 are no longer adequate to meet the needs of travelling persons with mobility impairments, thus rendering it unusable as the legal basis to be invoked for Barrier-free Tourism, and thus needs to be upgraded or enhanced; WHEREAS, the Department of Tourism and the Hotel Resort & Restaurant Association of Cebu Inc. have expressed their support for the passage of this ordinance; Therefore, the Sangguniang Panlungsod of the City of Cebu, in a regular session assembled, hereby ORDAINS that:

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SECTION 1. TITLE.

This ordinance shall be known and referred to as the “2013 Barrier-Free Tourism Ordinance of the City of Cebu”.

SECTION 2. POLICY STATEMENT.

The Cebu City Government recognizes that the tourism industry plays a major role in the economy of the entire country as well as that of its Provinces, Cities and Municipalities. It, further, recognizes the Persons with Disabilities, people of short stature, and the elderly sector, both local and foreign, as one of the key markets that would give an added boost to the rapidly growing tourism industry, especially for the City of Cebu. In this regard, the Cebu City Government commits to promote Barrier-Free Tourism by ensuring that owners and/or operators of tourism-oriented sites and related facilities and service providers, public and private, introduce barrier-free features, amenities and services into existing and proposed buildings, and other basic local infrastructure.

SECTION 3. DEFINTION OF TERMS 3.1. ELDERLY shall be synonymous with Senior Citizen which is

defined under RA 994 as any resident citizen of the Philippines who is at least sixty (60) years old. For purposes under this ordinance, Elderly shall also include foreign guests, tourists or resident aliens who are at least sixty (60) years of age.

3.2. PERSON WITH DISABILITY as defined under RA 7277 refers to those suffering from restriction of different abilities, as a result of a mental, physical or sensory impairment, to perform an activity in the manner or within the range considered normal for a human being; For purposes of this ordinance, person with disability shall be synonymous with mobility-impaired persons

3.3. PERSONS OF SHORT PHYSICAL STATURE – refers to a person

whose height falls below the average height of four (4) feet by virtue of genetics, a medical condition (e.g. dwarfism), or due to a physical injury.

3.4. TOURISM ENTERPRISES 1 refers to facilities, services and

attractions involved in tourism, such as, but not limited to: travel and tour services; tourist transport services, whether for land, sea or air transportation; tour guides; adventure sports services involving such sports as mountaineering, spelunking, scuba diving, and other sports activities of significant tourism potential; convention organizers; accommodation establishments, including, but not limited to, hotels, resorts, apartelles, tourist inns, motels, pension houses, and home stay operators; tourism estate management services, restaurants, shops and department stores, sports and recreational centers, spas, museums and galleries, theme parks, convention centers and zoos;

3.5. HOTEL2 – refer to full service accommodation with reception

and guest rooms generally offering private facilities with onsite

1 Item (P), Section 4, Republic Act 9593 2 Item (E), Section 2, Book One, Rule I, Rules and Regulations to Govern Accreditation of Accommodation Establishments – Hotels, Resorts and Apartment Hotels, DOT Memorandum Circular No. 2012-02

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restaurant, room and bar services available. Additional facilities such as business centers and conference rooms are expected

3.6. RESORT3 – refers to full service accommodation located in a

more natural, relaxed environment, with reception and guest rooms generally offering private facilities with an onsite restaurant, room and bar service available. Additional recreation facilities and tour services are expected.

3.7. TOURIST INN 4 - a lodging establishment catering to

transients which does not meet the minimum requirements of an economy hotel.

3.8. APARTEL 5 - any building or edifice containing several

independent and furnished or semi-furnished apartments, regularly leased to tourists and travelers for dwelling on a more or less long term basis and offering basic services to its tenants, similar to hotels.

3.9. PENSION HOUSE 6 - a private or family-operated tourist boarding house, tourist guest house or tourist lodging house employing non-professional domestic helpers regularly catering to tourists and travelers, containing several independent lettable rooms, providing common facilities such as toilets, bath rooms/showers, living and dining rooms and/or kitchen and where a combination of board and lodging may be provided.

3.10. RESTAURANT 7 - any establishment offering to the public

refreshments and/or meals.

3.11. DEPARTMENT STORE8 - a store that sells or carries several lines of merchandise and that is organized into separate sections for the purpose of promotion, service, accounting and control.

3.12. SPORTS AND RECREATIONAL CLUB/CENTER 9 - any establishment

offering sports and recreational facilities to tourist and to the general public.

3.13. MUSEUM10 - an institutional establishment where a collection of

valuable objects and artifacts on history and culture, arts and sciences are put on exhibition for the general public.

3.14. SPA 11 - is a facility that exudes a tranquil environment

offering various amenities and services intended to relieve stress, pamper the body and make one feel relaxed and rejuvenated to promote a healthier way of life.

3.15. HOSPITALS AND CLINICS - for purposes of this ordinance, these

are institutions, buildings, facilities and centers, both public and private, that provide clinical care, management,

3 Ibid 4 DOT Hotel Code (Rules And Regulations To Govern The Accreditation Of Hotels, Tourist Inns, Apartels, Resorts, Pension Houses And Other Accommodation Establishments) 5 Ibid 6 Ibid 7 DOT TRE Code (Rules and Regulations to Govern Accreditation of Tourism-Related Establishment) 8 Ibid 9 Ibid 10 Ibid 11 DOT Rules and Regulations to Govern the Accreditation of Spa

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consultation, diagnostic and laboratory services, including tertiary hospitals for medical tourism

3.16. MEDICAL TOURISM 12 - involves traveling for the purpose of

availing health care services or treatments of illnesses and health problems in order to maintain one’s health and well-being.

SECTION 4. APPLICABILITY.

The provisions of this ordinance shall apply to:

4.1 An inn, hotel, motel, pension houses, apartment hotels, or other place of lodging, except for an establishment located within a building that contains not more than five (5) rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;

4.2 A restaurant, bar, or other establishment offering or serving offering to the public refreshments and/or meals;

4.3 Malls and department stores

4.4 Spas, massage parlors, and the like

4.5 Resorts

4.6 Sports and recreational centers or clubs

4.7 Museums

4.8 Hospitals/clinics

SECTION 5. UNIVERSAL AND INCLUSIVE DESIGN SPECIFICATIONS.

Subject to the provisions mandated under City Ordinance 1434 or An Ordinance Enacting A Code Governing the Operation and Activities of All Persons, Firms, Entities and Establishments that Engage in the Business of Hotels, Resorts and Travel Agencies in the City of Cebu; City Ordinance 1656 or the 1996 Revised Zoning Ordinance of the City of Cebu; Republic Act 6541 or An Act To Ordain And Institute A National Building Code Of The Philippines, and Batas Pambansa Blg. 344, or the Accessibility Law, the following universal design specifications are hereby adopted in the City of Cebu: 5.1. PARKING

a) This ordinance adopts the standards contained and mandated under

Section 17 of City Ordinance 1656 or the 1996 Revised Zoning Ordinance of the City of Cebu as well as the standards specified under Annex A of the Amended Implementing Rules and Regulations of Batas Pambansa 344 or “An Act To Enhance The Mobility Of Disabled Persons By Requiring Certain Buildings, Institutions, Establishments And Public Utilities To Install Facilities And Other Devices.”

12 DOT Rules and Regulations to Govern the Accreditation of Tertiary Hospitals for Medical Tourism (2003)

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5.2. RAMPS

a) This ordinance adopts the standards specified under Annex A of the Amended Implementing Rules and Regulations of Batas Pambansa 344 or “An Act To Enhance The Mobility Of Disabled Persons By Requiring Certain Buildings, Institutions, Establishments And Public Utilities To Install Facilities And Other Devices.”

5.3. RECEPTION AREAS13

a) Reception areas and counters in malls, banks, public

accommodation sites, such as hotels and pension houses, hospitals, airline, ship and land transport ticketing offices, shall provide low and recessed or split-level counters that would accommodate both standing persons and those seated on wheelchairs or persons of short stature, including children, where the lower counter is hereby recommended to have a height not exceeding 75 centimeters from the floor to the counter top. (See Annex A for sample picture)

5.4. ELEVATORS:

a) This ordinance adopts the standards for elevators mandated under

Rule XIII - Electrical And Mechanical Regulations of the Implementing Rules and Regulations of Section 1301 and Section 1302 of Presidential Decree 1096.

b) Elevators must be installed on the level of each floor and must not be placed below or above steps.

c) Atleast one elevator shall be provided with PWD-friendly features

which shall include” i. A minimum door width of 90 centimeters and a depth of 120-150

centimeters to comfortably accommodate motorized wheelchairs.

ii. Elevator buttons shall be embossed or in Braille or include a voice annunciator.

iii. Exterior and interior button panels shall not exceed 47 inches

from the floor

iv. Elevator must be equipped with handrails placed at both sides at 28-30 inches from the floor

5.5. INTERIOR DOORS AND EMERGENCY EXITS14: a) All interior doors and emergency exits shall have at least a

clear width of 35 inches to accommodate big and motorized wheelchairs. This specification provides adequate space for the PWD to rest his/her hands on the wheel rings, create elbow-room while propelling the wheelchair, and for the operating mechanism of electric wheelchairs.

13 EcoMo Foundation. Guidelines to Improve Barrier-Free Access for Public Transport Passenger Facilities page. 108. Tokyo, Japan.

14 Barrier-Free Facilities for PWD for Business Practices under National Accreditation Standards of DOT

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5.6. BED ROOMS IN AN INN, HOTEL, MOTEL, PENSION HOUSES, APARTMENT

HOTELS, OR OTHER PLACE OF LODGING:15 a) There shall be one (1) bed room unit specifically designed and

designated for PWDs, elderly and other sectors with special needs for accommodation establishments with less than fifty (50) bed rooms.

b) For accommodation establishments with 50 or more bed rooms, the ratio shall be one (1) PWD-friendly room for every fifty (50) rooms

c) The provisions of this ordinance shall not apply to dormitories

and boarding houses catering primarily for students.

d) These rooms shall have the following features (See Annex B for sample picture):

i. Lever-type door handles;

ii. Dual-height peepholes, with the lower peephole at 39 inches

from the floor;

iii. Light switches at a maximum of 47 inches from the floor;

iv. Electrical outlets just above tables/desks at a minimum of 18 inches from the floor;

v. Bed height at a maximum of 20 inches;

vi. Easy-to-open, preferably easy-sliding closet doors;

vii. Dual-height hanger racks, with the lower hanger rack at 55

inches from the floor

viii. For the benefit and safety of the Deaf and Hard-of-hearing: 1. a switch shall be installed at the door connected to two

lights strategically placed in the toilet and inside the room where it is most visible and marked graphically to indicate that someone is outside the door.

2. a flashing smoke alarm strategically placed in the toilet and inside the room where it is most visible and marked graphically to indicate “Fire” in case of one.(See Annex D for sample picture)

e) Rooms designated and designed for PWDs shall be at the lower

levels of the establishment and, as much as possible, only until the 4th floor to facilitate easier evacuation in case of fire. Furthermore, the rooms must be near the emergency exits16.

15 Barrier-Free Facilities for PWD Hotels under National Accreditation Standards of DOT 16 Recommendation of the Accessibility Monitoring Committee-2 of the Organization of Rehabilitative Advocates for Inclusion and the Regional Council for Disability Affairs-7, Cebu City as recorded in the minutes of October 31, 2012

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5.7. TOILETS17

a) At least one (1) public toilet shall be designated for PWDs

which shall be unisex to enable either spouse/parent to assist the wheelchair-user during toileting transfers and needs. Signage indicating use by PWDs, older persons, pregnant women and children, shall be posted visibly at the door. (See Annex D for sample picture)

b) In case the establishment can only provide one public toilet

for both sexes, the owner of the establishment shall install PWD-responsive facilities in such toilet as mandated under this ordinance

c) Toilet shall have a lever-type door handle;

d) Toilet flooring shall be of non-slippery surface materials, even when wet.

e) A shelf space for bags and articles must be provided. If a

hook is to be installed, mount it at not more than 1 meter in height.

f) Baby-changing amenities must also be provided in PWD-designated

rest rooms family restrooms.

g) Toilet bowls should be positioned at one corner where a vertical or climbing bar shall likewise be positioned on the wall at 12 inches from the front tip of the toilet bowl to offer support when users pull or elevate themselves up to a standing position.

h) For the safety and effective utility especially by hemiplegics

who may be afflicted with weakness or paralysis on either side of the body, horizontal grab bars should likewise be placed on both sides of the toilet bowl at a range of 28-30 inches from the floor, and the distance between the left and right bars shall not exceed 30 inches. The bar opposite the vertical bar on the wall shall flip up and down to make way for wheelchair-users who need to position their wheelchairs as close as possible to the toilet bowl.

i) The height of the toilet bowl shall be elevated to a range of

18-20 inches to help persons with weak legs get back on their feet without straining and to minimize knee joint pain when sitting on it.(See Annex E for sample picture)18

j) All toilet doors must open outward, if not sideways, so as not

to block closure of the door once the wheelchair is inside. Furthermore, interior and toilet doors should open by a single effort requiring less than 2 kilograms (or 5 pounds.) of force.

17 Center for Inclusive Design and Environmental Access, School of Architecture and Planning - University at Buffalo, The State University of New York, Buffalo, NY 14214-308 18 EcoMo Foundation. Guidelines to Improve Barrier-Free Access for Public Transport Passenger Facilities page. 102-103. Tokyo, Japan.

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5.8. LAVATORIES:19

a) Where space allows, split-level type lavatories convenient for

standing, as well as for children, short and seated users, with an open space underneath shall be installed for wheelchair-users. The higher lavatory top shall be constructed preferably at 80 centimeters from the floor while the lower top shall be at 70-75 centimeters from the floor.

b) In case only one lavatory can be constructed, the height

shall not be more than 70 centimeters from the floor.

c) Faucets shall be of lever-type so that amputees or weakened hands may still be able to open the tap.

d) Mirrors shall be lowered or slanted for wheelchair-users,

children and short people. e) All other lavatory amenities, such as soap and tissue

dispensers, hand dryers, etc.,shall be within reach of a person in a sitting position at a maximum height 120 cm .(See Annex F for sample picture)

5.9. SHOWERS:20

a) All Hotels, Inns, Pension Houses, Hostels, Backpackers, Bed and

Breakfast and other similar establishments engaged in the business of providing transient/temporary accommodations to the public shall provide a “roll-in” shower, which shall not be obstructed by a toilet bowl or a door opening towards the inside of the bathroom. Said shower shall be fitted with a low-mounted hand-held shower, or if a bathtub exists, provide a stable non-skid seat or bench placed across the tub.

b) Roll-in showers shall also be set lower with a maximum threshold of 1.3 cm, or ½ inch or less, separating the shower area from the lavatory area in order to prevent excess water from spilling over onto the lavatory floor and yet to make it easy for the wheelchair-user to get out of the shower area.

c) All other amenities shall likewise be placed within the safe and comfortable reach of the seated user at a maximum height of 1 meter from the floor. (See Annex G for sample picture).

5.10. RESTAURANTS: a) Restaurants shall have adequate space for wheelchairs to pass

through between chairs when occupied.

b) In hotel restaurants where buffets are served, food shall be displayed visibly at a maximum of 90cm to 100cm; if not, overhead mirrors shall be provided.

c) Tables shall have open spaces underneath for knee and foot space for wheelchair-users.

19 Center for Excellence in Universal Design, National Disability Authority, Ireland 20 Center for Excellence in Universal Design, National Disability Authority, Ireland

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d) They shall also provide at least 2 menus overlaid with clear

plastic Braille dots 5.11. SWIMMING POOLS:21

a) If and where applicable and feasible, swimming pools shall also

be made accessible. For sunken pools on the ground, a ramp shall be built alongside the edge leading up to the pool’s shallow entrance such that the height of the pool edge is around 40 cm, which is at least the height of the wheelchair seat, so that the wheelchair-user may transfer quite easily to the raised portion of the pool without or minimal assistance required, as well as to make it easier for personal assistants to avoid the risk of having slipped spinal discs. An alternative design would be to build a raised pool to at least 40 cm to achieve the same purpose. (See Annex I for sample picture)

5.12. HOSPITALS/CLINICS

a) There shall be one PWD-and-elderly-patient friendly room in

very floor and in every wing of every hospital.

b) There shall be one toilet and bath room that complies with Section 5 item 5.7 of this ordinance in the orthopedic ward, when such ward is present in the hospital.

c) There shall be one PWD-friendly toilet in the waiting lounge

for patients waiting for doctors, procedures, laboratory or diagnostic results, etc.

SECTION 6. COMPLIANCE 6.1 All existing establishments covered are mandated to comply within

three (3) years from effectivity of the ordinance subject to the following conditions:

a) Buildings constructed atleast 3 years prior to the effectivity of

this ordinance shall comply within two (2) years following effectivity of this ordinance

b) Buildings constructed 2 years or less prior to the effectivity of this ordinance including plans and applications pending before the Office of the Building Official upon the effectivity of this ordinance shall comply within three (3) years following effectivity of this ordinance.

c) All establishments covered which are already existing at the time

of the effectivity of the ordinance shall comply with herein provisions and apply provisions of Section 7 to corresponding repairs pursuant to this ordinance.

6.2 All covered establishments not falling under Section 6.1 to be

constructed after the effectivity of this ordinance shall strictly comply with its provisions.

21 According to Mr. Hiroshi Yamakawa, Chief Sports Instructor, Shin-Yokohama Rapport Sports Center for the Disabled, Shin-Yokohama, Kanagawa Prefecture, Japan

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SECTION 7. GRANT OF SPECIAL ALLOWABLE DEDUCTION AND RECOGNITION: 7.1. For purposes of local business tax

collection, a special allowable deduction of the full amount or up to One Hundred Percent (100%) of the actual construction or renovation costs pursuant to this ordinance shall be granted to establishments covered which are already existing as of the effectivity of this ordinance. The special allowable deduction shall be applied to the annual gross sales or receipts provided they comply with Section 5, subject to provisions of Section 6, of this ordinance within the first three (3) years of the effectivity of this ordinance. The special allowable deduction of One Hundred Percent (100%) of the annual gross sales or receipts shall be subject to the following: a) For establishments already existing as of the effectivity of

this ordinance that will fully comply with this ordinance within one taxing period only, the first twenty percent (20%) of One Hundred Percent (100%)of the total construction or renovation costs, as the case may be, shall be deducted from the annual gross sales or receipts to be applied on the year next following the year of compliance; The remaining eighty percent (80%) of One Hundred Percent (100%) of the construction or renovation costs shall be deducted from the annual gross sales or receipts on the second, third, fourth and fifth year next following the year of compliance at twenty percent (20%) of One Hundred Percent (100%) for each year;

b) For establishments already existing as of the effectivity of

this ordinance that will incur construction or renovation costs pursuant to this ordinance in more than one taxing period, application of allowable deductions from the gross sales or receipts shall follow the schedule below; Provided, that deductions for each year shall not exceed twenty percent (20%) of One Hundred Percent (100%) of the total estimated cost at the start of construction or renovation; Provided, further, that the total deductions shall not exceed One Hundred Percent (100%) of the total construction or renovation costs actually incurred determined upon completion of the construction or renovation; Provided, finally, that such deductions shall be allowed only up to the fifth year from start of construction or renovation.

YEAR APPLIED SPECIAL DEDUCTION ALLOWED TO GROSS SALES/RECEIPTS

1st to 4th year following year of compliance

20% of 100% of estimated construction/renovation costs, applied for each year;

5th following year of compliance

20% of 100 % of actual construction/ renovation costs; Provided that total deductions from 1st to 5th year shall not exceed One Hundred Percent (100%) of the total construction or renovation costs actually incurred determined upon completion of the construction or renovation

6th year following year of No deductions allowed

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compliance 7.2. The Office of the Building Official (OBO) shall inspect the

establishments’ compliance with Section 5 of this ordinance. It shall also review all receipts to verify the construction or renovation costs incurred by the establishment in compliance with Section 5 of this ordinance and issue a certification to this effect.

7.3. The certification from the Office of the Building Office

regarding the cost incurred to comply with Section 5 shall be presented to the City Treasurer’s Office (CTO). The amount of construction or renovation cost incurred as certified by the OBO shall be the basis in determining the special deduction allowed under Section 7 of this ordinance.

7.4. The provisions under Section 7 of this ordinance do not

apply to covered establishments falling under Section 6.2. The Cebu City government shall no longer grant special allowable deductions under Section 7.1 of this ordinance to establishments that will only comply, or start to comply, with the provisions of this ordinance beginning on the fourth year from its effectivity. Establishments that will refuse to comply shall be subject to the penalties imposed under Section 9 of this ordinance.

7.5. Most PWD-Responsive establishments are qualified to be recognized in the city’s annual charter day celebration as a way of acknowledging their contribution towards making the city completely barrier-free .

7.6. The City Treasurer’s Office shall formulate implementing

rules and regulations for Section 7 of this ordinance. SECTION 8. IMPLEMENTATION AND ENFORCEMENT. 8.1. All existing establishments covered under this ordinance

shall comply with the provisions provided under Section 5 within three years from the effectivity of the ordinance. All other establishments to be constructed after the effectivity shall strictly comply with the provisions of this ordinance pursuant to provisions under Section 7.4.

8.2. The implementation of this ordinance shall be in

coordination with the regional office of the Department of Tourism in accordance with mandate under RA 9593 that the implementation of the Tourism Act shall be the shared responsibility of the national and local government.

8.3. The Office of the Building Official shall be primarily responsible for the implementation and monitoring compliance of the provisions of Section 5 under this ordinance. The OBO shall coordinate with, and ensure that, the Cebu City Persons with Disability Affairs Office (PDAO) will take part in monitoring compliance to this ordinance. To this effect, the PDAO shall undertake comprehensive orientation and training as well as engage the services of expert technical consultants on barrier-free tourism, when necessary, in order to fully carry out its duty.

8.4. The Office of the Building Official shall conduct

information dissemination and orientations following approval of the ordinance to all covered establishments, organizations, and

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groups and shall thereafter establish a regular information campaign as part of its implementation and monitoring.

8.5. Prior to the renewal of business permits or license to operate that shall be issued by the Cebu City Government, a tourism establishment covered under this ordinance is required present a certificate of accreditation from the Department of Tourism.

SECTION 9.PENALTIES.

9.1 The registered owner or owners, whether natural or juridical persons, of the establishment covered under Section 4 that shall not comply with Section 5 of this Ordinance shall be penalized with a fine of Five Thousand Pesos (Php5,000.00) or imprisonment for a period not exceeding one (1) year, or both at the discretion of the court. In case ownership is vested in a juridical person, the President and officers designated in the by-laws shall be held liable under this ordinance.

SECTION 10. REPEALING CLAUSE. All ordinances, orders and issuances found inconsistent with the provisions of this ordinance shall be deemed repealed. SECTION11. SEPARABILITY CLAUSE. If any part, section or provision of this ordinance shall be held invalid or unconstitutional, no other part, section or provision thereof shall be affected thereby. SECTION 12. EFFECTIVITY. This Ordinance shall take effect 15 days after its publication in a newspaper of general circulation.

Alvin M. Dizon City Councilor

Margarita V. Osmeña City Councilor

James Anthony Cuenco City Councilor

Lea O. Japson City Councilor

Gerardo A. Carillo City Councilor

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Annex A: Sample Design for Low and Recessed or Split-level Counter for Reception Areas

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Annex B: Sample Design of Rooms with PWD-Friendly Features

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Annex C: Sample Picture a Flashing Smoke Alarm for the Benefit of Deaf or Hearing-Impaired Annex D: Sample Design of a Unisex Comfort Room

Annex E: Sample Design Of Toilet with Universal Toilet Specifications

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Annex F: Sample Design of Lavatory with PWD-Friendly Features

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Annex G: Sample Design for a PWD-Friendly Shower and Bath Room

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Annex I: Sample Design for PWD-Friendly Swimming Pool

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