Www.architectureboard.ph The 1977 NBCP (PD 1096 & Its 2004 Revised IRR) and High Rises Ar Armando N....

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The 1977 The 1977 NBCPNBCP (PD 1096 & (PD 1096 & Its 2004 Revised IRR) Its 2004 Revised IRR)

and High Risesand High Rises

Ar Armando N. ALLAr Armando N. ALLÍÍ , apec ar, apec ar Resource PersonResource Person

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The NBCP and High RisesThe NBCP and High Rises (Overview of Presentation) (Overview of Presentation)A.A. Legal Framework Legal Framework B.B. What is the NBCP and What is Its Standing? What is the NBCP and What is Its Standing? C.C. Hierarchy of Building CodesHierarchy of Building CodesD.D. General Applicability of the NBCPGeneral Applicability of the NBCPE.E. Key Points on NBCP UsageKey Points on NBCP UsageF.F. High Rises Under Rule VII of the NBCP 2004 Revised IRRHigh Rises Under Rule VII of the NBCP 2004 Revised IRRG.G. High Rises Under Rule VIII of the NBCP 2004 Revised IRRHigh Rises Under Rule VIII of the NBCP 2004 Revised IRRH.H. High Rises Under Rule XII of the NBCP 2004 Revised IRRHigh Rises Under Rule XII of the NBCP 2004 Revised IRRI.I. BasementsBasementsJ.J. Other Considerations for High RisesOther Considerations for High RisesK.K. The Ideal SituationThe Ideal SituationL.L. Problems with NBCP & Its InterpretationProblems with NBCP & Its InterpretationM.M. What to Do Next?What to Do Next?N.N. Writings on the WallWritings on the Wall

The NBCP and High RisesThe NBCP and High Rises,, Friday 03 August 2012Friday 03 August 2012

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A. Legal Framework A. Legal Framework


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A Layman’s A Layman’s Appreciation of Appreciation of Philippine Laws and Philippine Laws and RegulationsRegulations

[covering Laws Lower than the Philippine Constitution and Lower Than Treaties and International Agreements (such as WTO-GATS, effective 2020 and the ASEAN MRA, effective 2015), which have the power of Law only if duly ratified by the Philippine Senate or by the duly authorized Executive Agents of the State]

The LawThe LawEverything lower than the R.A., P.D. or B.P. are mere Executive Issuances

Laws and Regulations at the Local Government Unit (LGU) Level DO NOT have

the same effect as National Laws

Self-Regulation is Encouraged by Gov’t

Laws do not Operate in Isolation but Must Act in Full Interaction with Other Laws that are in Effect.

The 1987 Philippine Constitution is the basic law of the land while Treaties, International Agreements

are often considered superior to national laws

PD 1096 (1977 NBCP ) defers to local laws if and only if the local law is more stringent

than the NBCP provisions.

For most PH laws, Govt does not go beyond the IRR promulgation (in evolving the needed stream of regulations)

B. What is the NBCP and What is Its B. What is the NBCP and What is Its Standing?Standing?

1.1. PD 1096 is the 1977 National Building Code of the PD 1096 is the 1977 National Building Code of the Philippines (NBCP); Philippines (NBCP); it is a it is a lawlaw with penal provisions with penal provisions

2.2. PD 1096 is a PD 1096 is a generalgeneral law; compare this with RA 9266 (The law; compare this with RA 9266 (The Architecture Act of 2004) which is a Architecture Act of 2004) which is a specialspecial law; the law; the special law rules over the general law;special law rules over the general law;

3.3. PD 1096 is 35 years old; RA 9266 is 8 years old; the PD 1096 is 35 years old; RA 9266 is 8 years old; the laterlater law i.e. newer (more recent)/ younger law prevails;law i.e. newer (more recent)/ younger law prevails;

4.4. PD 1096 does NOT govern the PD 1096 does NOT govern the practice of the professionspractice of the professions; ; the professional regulatory laws (PRLs), implemented by the professional regulatory laws (PRLs), implemented by the PRC and its Professional Regulatory Boards (PRBs), the PRC and its Professional Regulatory Boards (PRBs), such as RA 9266 govern i.e. the such as RA 9266 govern i.e. the DPWH does NOT have DPWH does NOT have jurisdiction over the practice of the regulated professionsjurisdiction over the practice of the regulated professions


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C. Hierarchy of Building CodesC. Hierarchy of Building Codes1.1. NBCP & its 2004 Revised IRRNBCP & its 2004 Revised IRR2.2. NBCP Referral Codes (RCs)NBCP Referral Codes (RCs) i) RA 9514 (2008 Fire Code of the Ph/ FCP and its 2009 IRR) i) RA 9514 (2008 Fire Code of the Ph/ FCP and its 2009 IRR) ii) BP 344 (1983 Law to Enhance the Mobility of Disabled Persons)ii) BP 344 (1983 Law to Enhance the Mobility of Disabled Persons) iii)National Structural Code of the Ph (NSCP), a iii)National Structural Code of the Ph (NSCP), a selfself-regulatory doc-regulatory doc iv)Philippine Electrical Code (PEC)iv)Philippine Electrical Code (PEC) v) Philippine Mechanical Codes (PMC)v) Philippine Mechanical Codes (PMC) vi)National Plumbing Code of the Ph (NPCP)vi)National Plumbing Code of the Ph (NPCP) vii)Sanitation Code of the Ph, a vii)Sanitation Code of the Ph, a lawlaw viii)Water Code of the Ph, a viii)Water Code of the Ph, a law law ix) 2000 Architecture Code, DPWH executive issuance (for repeal)ix) 2000 Architecture Code, DPWH executive issuance (for repeal) x) Professional Regulatory Laws (PRLs e.g. RA 9266)x) Professional Regulatory Laws (PRLs e.g. RA 9266)

3. Other Building Laws 3. Other Building Laws (PD 957, BP 220, Envi laws, etc.)(PD 957, BP 220, Envi laws, etc.)4. LGU Building Ordinance, Zoning Ordinance (ZO)/ 4. LGU Building Ordinance, Zoning Ordinance (ZO)/

Development-related OrdinancesDevelopment-related OrdinancesThe NBCP and High RisesThe NBCP and High Rises,, Friday 03 August 2012Friday 03 August 2012

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D. General Applicability of the NBCPD. General Applicability of the NBCP1.1. The 1977 NBCP only sets The 1977 NBCP only sets minminimum standards for imum standards for

building design, construction & occupancy/ usebuilding design, construction & occupancy/ use2.2. If other laws, the NBCP Referral Codes (RCs) of If other laws, the NBCP Referral Codes (RCs) of

the NBCP e.g. Sanitation Code, Water Code, 2000 the NBCP e.g. Sanitation Code, Water Code, 2000 Architectural Code, NEC, NME, NPCP, NSCP, etc.), Architectural Code, NEC, NME, NPCP, NSCP, etc.), LGU zoning ordinance (ZO) or other official LGU zoning ordinance (ZO) or other official issuances are issuances are more stringentmore stringent, then the same i.e. , then the same i.e. the the most stringent provisionmost stringent provision shall prevail. shall prevail.

3.3. While the DPWH is of the position that the 2004 Revised While the DPWH is of the position that the 2004 Revised IRR of the NBCP applies only to new land and property IRR of the NBCP applies only to new land and property developments starting 2005, there is apparently nothing in developments starting 2005, there is apparently nothing in the NBCP 2004 Revised IRR nor is there a DPWH the NBCP 2004 Revised IRR nor is there a DPWH Memorandum Order that states this. Memorandum Order that states this.


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E. Key Points on NBCP UsageE. Key Points on NBCP Usage1.1. NBCP is generally NBCP is generally written in the language of the written in the language of the

ArchitectsArchitects; ; as such, it is considered by other PH professionals as such, it is considered by other PH professionals as the PH Architect’s design “bible”; the other professionals rely on as the PH Architect’s design “bible”; the other professionals rely on the NBCP RCs i.e. NSCP, NEC, NMC, NPCP, Sanitation Code, etc.the NBCP RCs i.e. NSCP, NEC, NMC, NPCP, Sanitation Code, etc.

2.2. NBCP 2004 IRR NBCP 2004 IRR integrates both physical planning integrates both physical planning and designand design for buildings, grounds and sites for buildings, grounds and sites

3.3. Architects are considered as the Architects are considered as the primary primary interpretersinterpreters of the physical planning and design of the physical planning and design provisions under the NBCP; provisions under the NBCP; as such, PH Architects must as such, PH Architects must always always strive to masterstrive to master the NBCP; the NBCP;

4.4. PH Architects’ interpretation of the NBCP must be PH Architects’ interpretation of the NBCP must be aided with the use of the 2000 aided with the use of the 2000 Architecture CodeArchitecture Code (which already needs to be repealed/ upgraded into a law) (which already needs to be repealed/ upgraded into a law)


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F1. High Rises Under Rule F1. High Rises Under Rule VIIVII of the NBCP of the NBCP 2004 Revised IRR2004 Revised IRR1.1. Key NBCP Rule Key NBCP Rule VIIVII provisions for High Rises: provisions for High Rises: i) Occupancy Classificationsi) Occupancy Classifications ii) Principal, Accessory and Conditional Bldg Uses/ Occupanciesii) Principal, Accessory and Conditional Bldg Uses/ Occupancies (referencing Zoning Classifications)(referencing Zoning Classifications) iii)Firewalls and Footprintingiii)Firewalls and Footprinting iv)Allowable Floor Areas (Max. TGFA by Lot Type, AMVB, etc.)iv)Allowable Floor Areas (Max. TGFA by Lot Type, AMVB, etc.) v) Building Height Limit (BHL) including ATO (CAAP) reqtsv) Building Height Limit (BHL) including ATO (CAAP) reqts vi) Offsite and On-site Parking Requirementsvi) Offsite and On-site Parking Requirements

2.2. Key Guidelines on Building Bulk & Devt Controls Key Guidelines on Building Bulk & Devt Controls i) Floor Area Ratio (FAR) Designations/ Rightsi) Floor Area Ratio (FAR) Designations/ Rights ii) GFA to TGFA Conversionsii) GFA to TGFA Conversions iii)Angles/ Slopes to Satisfy Natural Light & Ventilation Reqts iii)Angles/ Slopes to Satisfy Natural Light & Ventilation Reqts


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G1. High Rises Under Rule G1. High Rises Under Rule VIIIVIII of the NBCP of the NBCP 2004 Revised IRR2004 Revised IRR1.1. Key NBCP Rule Key NBCP Rule VIIIVIII provisions for High Rises: provisions for High Rises: i) Percentage of Site Occupancy (PSO), Total Open Space withini) Percentage of Site Occupancy (PSO), Total Open Space within Lot [TOSL = Impervious Surface Area (ISA) + Unpaved SurfaceLot [TOSL = Impervious Surface Area (ISA) + Unpaved Surface Area (USA)], Max. Allowable Construction Area (MACA), etc.Area (USA)], Max. Allowable Construction Area (MACA), etc. ii) Lot Typesii) Lot Types iii)Setbacks and Incremental Setbacks (Tall Buildings)iii)Setbacks and Incremental Setbacks (Tall Buildings) iv)Ceiling Heights, Room Dimensions & Window Openingsiv)Ceiling Heights, Room Dimensions & Window Openings

2.2. Key Guidelines on Easements, View Corridors, Key Guidelines on Easements, View Corridors, RROWs, Lots & Public BuildingsRROWs, Lots & Public Buildings i) Legal Easementsi) Legal Easements ii)Road-Right-of-Way (RROW) Elements & Configurations/ Levelsii)Road-Right-of-Way (RROW) Elements & Configurations/ Levels iii)Basements iii)Basements


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H1. High Rises Under Rule H1. High Rises Under Rule XIIXII of the NBCP of the NBCP 2004 Revised IRR2004 Revised IRR1.1. Key NBCP Rule Key NBCP Rule XIIXII provisions for High Rises: provisions for High Rises: i) General Requirements for Design & Constructioni) General Requirements for Design & Construction ii) Excavation, Foundation & Retaining Wallsii) Excavation, Foundation & Retaining Walls iii)Floor and Roof Constructioniii)Floor and Roof Construction iv)Stairs, Exits & Occupant Loadsiv)Stairs, Exits & Occupant Loads v) Doors, Corridors, Exit Balconies, Stairs, etc.v) Doors, Corridors, Exit Balconies, Stairs, etc. vi) Skylightsvi) Skylights vii)Bays, Porches & Balconiesvii)Bays, Porches & Balconies viii)Penthouses, Roof Structures, Towers & Spiresviii)Penthouses, Roof Structures, Towers & Spires ix) Fire Extinguishing Systemsix) Fire Extinguishing Systems x) Stages & Platformsx) Stages & Platforms xi) Wall Boardsxi) Wall Boards


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I. Basements I. Basements (Under the NBCP 2004 Revised IRR)(Under the NBCP 2004 Revised IRR)

1.1. Basement perimeter (retaining wall) must Basement perimeter (retaining wall) must followfollow the lines of the the lines of the permissible building footprintpermissible building footprint at at grade (surface) level; grade (surface) level;

2.2. Naturally-ventilatedNaturally-ventilated basement levels must have basement levels must have both natural light and ventilation provisions e.g. both natural light and ventilation provisions e.g. steel-grated cutouts on suspended slabs to allow steel-grated cutouts on suspended slabs to allow the continuous venting of fumes and the the continuous venting of fumes and the unimpeded entry of natural light and ventilation unimpeded entry of natural light and ventilation e.g. a chimney serving as the central atrium; ande.g. a chimney serving as the central atrium; and

3.3. Artificially-ventilatedArtificially-ventilated basements do basements do notnot have to have to provide requirements under item 2 above.provide requirements under item 2 above.


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J. Other Considerations for High RisesJ. Other Considerations for High Rises1.1. Orientations (hot and cold sides, battered and Orientations (hot and cold sides, battered and

pleasant sides, etc.)pleasant sides, etc.)2.2. Reflected Light and HeatReflected Light and Heat3.3. View and Privacy IssuesView and Privacy Issues4.4. Carrying CapacityCarrying Capacity Issues for Issues for Non-PUDNon-PUD Lots/ Bldgs Lots/ Bldgs5.5. Nuisance, Safety and Property/ Air Rights Issues Nuisance, Safety and Property/ Air Rights Issues

arising from Billboards/ Signs/ Displays Mounted arising from Billboards/ Signs/ Displays Mounted on High-rise Building and Parking Structure Walls/ on High-rise Building and Parking Structure Walls/ Firewalls/ Fire Escapes/ CladdingFirewalls/ Fire Escapes/ Cladding

6.6. Vehicle Ingress and Egress (Parking Traps)Vehicle Ingress and Egress (Parking Traps)7.7. Health, Safety and Security ConsiderationsHealth, Safety and Security Considerations8.8. Sensitivities (gender, age, disability, etc.)Sensitivities (gender, age, disability, etc.)


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K. The Ideal SituationK. The Ideal Situation1.1. Institutionalization of an Institutionalization of an iterative review processiterative review process

of building plans by the LGU Fire Marshal and by of building plans by the LGU Fire Marshal and by the LGU Office of the Building Official (OBO)the LGU Office of the Building Official (OBO)

2.2. Only registered and licensed Architects (RLAs) Only registered and licensed Architects (RLAs) must officially review and approve must officially review and approve architectural architectural documentsdocuments submitted to LGU OBOs for building submitted to LGU OBOs for building permit application (Sec. 35 of RA 9266)permit application (Sec. 35 of RA 9266)

3.3. Public Hearing on buildings exceeding TGFA of Public Hearing on buildings exceeding TGFA of 10,000.0 sqm in 10,000.0 sqm in nonnon-planned unit developments -planned unit developments (PUDs) due to (PUDs) due to carrying capacitycarrying capacity considerations considerations

4.4. Automatic filing of administrative cases againstAutomatic filing of administrative cases against professionals & Government officials involved in major/ professionals & Government officials involved in major/ serious NBCP & ZO violations. serious NBCP & ZO violations. The NBCP and High RisesThe NBCP and High Rises,, Friday 03 August 2012Friday 03 August 2012

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L. Problems with NBCP & Its InterpretationL. Problems with NBCP & Its Interpretation1.1. Not truly reflective of Sustainable Design (Green Not truly reflective of Sustainable Design (Green

Architecture and Environmental Design practices)Architecture and Environmental Design practices)2.2. Unable to sufficiently address New Building Unable to sufficiently address New Building

Materials/ Technologies & Construction Practices Materials/ Technologies & Construction Practices 3.3. Interpretations of the NBCP architectural Interpretations of the NBCP architectural

provisions are being made by persons i.e. City/ provisions are being made by persons i.e. City/ Municipal Engineers (CMEs) with possibly limited Municipal Engineers (CMEs) with possibly limited knowledge/ appreciation of architecture, space knowledge/ appreciation of architecture, space planning, physical planning & general environ-planning, physical planning & general environ-mental design mental design (correctible by Sec. 35 of RA 9266)(correctible by Sec. 35 of RA 9266)

4.4. Continuing Government reliance on the Continuing Government reliance on the intercalated (erroneous) text of Sec. 302 of NBCP intercalated (erroneous) text of Sec. 302 of NBCP


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M. What to Do Next?M. What to Do Next?1.1. RepealRepeal the 35-year old NBCP to make it truly the 35-year old NBCP to make it truly

sustainable i.e. infuse/ update it with more Green sustainable i.e. infuse/ update it with more Green Architecture/ Environmental Design provisions Architecture/ Environmental Design provisions

2.2. RepealRepeal the 2000 Architecture Code the 2000 Architecture Code (and transform it (and transform it into a viable law to protect the PH architecture profession)into a viable law to protect the PH architecture profession)

3.3. AmendAmend Sec. 477 of RA 7160 (LG Code of 1991) to Sec. 477 of RA 7160 (LG Code of 1991) to preventprevent CMEs from acting as Building Officials (BOs) CMEs from acting as Building Officials (BOs)

4.4. Truly Truly ProfessionalizeProfessionalize the Position of Building the Position of Building Official & Heavily Penalize Their Wrongful Acts Official & Heavily Penalize Their Wrongful Acts

5.5. Transfer Complete Jurisdiction Over PH BuildingsTransfer Complete Jurisdiction Over PH Buildings from the DPWH from the DPWH (which should focus on horizontal (which should focus on horizontal infrastructure) infrastructure) into a new Department into a new Department (of Housing, (of Housing, Settlements and Urban Development)Settlements and Urban Development) The NBCP and High RisesThe NBCP and High Rises,, Friday 03 August 2012Friday 03 August 2012

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N. Writings on the Wall N. Writings on the Wall 1.1. BorderlessBorderless Architectural Practice Will be the Norm Architectural Practice Will be the Norm

(ASEAN MRA in 2015 and WTO GATS in 2020); (ASEAN MRA in 2015 and WTO GATS in 2020); learning about building codes of other countries learning about building codes of other countries shall also become the norm; shall also become the norm;

2.2. Building Settings in Building Settings in Non-Traditional EnvironmentsNon-Traditional Environments (sand, wetlands, above water i.e. stilts/ platforms, (sand, wetlands, above water i.e. stilts/ platforms, non-reclaimed foreshore, water surface, non-reclaimed foreshore, water surface, underwater, forests, underground, above underwater, forests, underground, above waterways utilizing air rights, etc.);waterways utilizing air rights, etc.);

3.3. Climate Change-Adaptable and Disaster-Resilient Climate Change-Adaptable and Disaster-Resilient Buildings, Secure Buildings, etc.; andBuildings, Secure Buildings, etc.; and

4.4. Newer/ novel ways of providing/ using spaces for habit-Newer/ novel ways of providing/ using spaces for habit-ation (materials, technologies, etc.)ation (materials, technologies, etc.)


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