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

1. www.architectureboard.ph The 1977 NBCP (PD 1096 & Its 2004 Revised IRR) and High Rises Ar Armando N. ALLÍ, apecar Resource Person s1

2. s2 • The NBCP and High Rises (Overview of Presentation) • Legal Framework • What is the NBCP and What is Its Standing? • Hierarchy of Building Codes • General Applicability of the NBCP • Key Points on NBCP Usage • High Rises Under Rule VII of the NBCP 2004 Revised IRR • High Rises Under Rule VIII of the NBCP 2004 Revised IRR • High Rises Under Rule XII of the NBCP 2004 Revised IRR • Basements • Other Considerations for High Rises • The Ideal Situation • Problems with NBCP & Its Interpretation • What to Do Next? • Writings on the Wall The NBCP and High Rises,Friday 03 August 2012

3. A. Legal Framework s3 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. A Layman’s Appreciation of Philippine Laws and Regulations [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] Laws and Regulations at the Local Government Unit (LGU) Level DO NOT have the same effect as National Laws The Law Everything lower than the R.A., P.D. or B.P. are mere Executive Issuances For most PH laws, Govt does not go beyond the IRR promulgation (in evolving the needed stream of regulations) 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 NBCP and High Rises,Friday 03 August 2012

4. B. What is the NBCP and What is Its Standing? • PD 1096 is the 1977 National Building Code of the Philippines (NBCP); it is a law with penal provisions • PD 1096 is a general law; compare this with RA 9266 (The Architecture Act of 2004) which is a special law; the special law rules over the general law; • PD 1096 is 35 years old; RA 9266 is 8 years old; the later law i.e. newer (more recent)/ younger law prevails; • PD 1096 does NOT govern the practice of the professions; the professional regulatory laws (PRLs), implemented by the PRC and its Professional Regulatory Boards (PRBs), such as RA 9266 govern i.e. the DPWH does NOT have jurisdiction over the practice of the regulated professions s4 The NBCP and High Rises,Friday 03 August 2012

5. C. Hierarchy of Building Codes • NBCP & its 2004 Revised IRR • NBCP Referral Codes (RCs) • 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) • iii)National Structural Code of the Ph (NSCP), a self-regulatory doc • iv)Philippine Electrical Code (PEC) • v) Philippine Mechanical Codes (PMC) • vi)National Plumbing Code of the Ph (NPCP) • vii)Sanitation Code of the Ph, a law • viii)Water Code of the Ph, a law • ix) 2000 Architecture Code, DPWH executive issuance (for repeal) • x) Professional Regulatory Laws (PRLs e.g. RA 9266) • 3. Other Building Laws (PD 957, BP 220, Envi laws, etc.) • 4. LGU Building Ordinance, Zoning Ordinance (ZO)/ Development-related Ordinances s5 The NBCP and High Rises,Friday 03 August 2012

6. D. General Applicability of the NBCP • The 1977 NBCP only sets minimum standards for building design, construction & occupancy/ use • If other laws, the NBCP Referral Codes (RCs) of the NBCP e.g. Sanitation Code, Water Code, 2000 Architectural Code, NEC, NME, NPCP, NSCP, etc.), LGU zoning ordinance (ZO) or other official issuances are more stringent, then the same i.e. the most stringent provision shall prevail. • While the DPWH is of the position that the 2004 Revised IRR of the NBCP applies only to new land and property developments starting 2005, there is apparently nothing in the NBCP 2004 Revised IRR nor is there a DPWH Memorandum Order that states this. s6 The NBCP and High Rises,Friday 03 August 2012

7. E. Key Points on NBCP Usage • NBCP is generally written in the language of the Architects; as such, it is considered by other PH professionals as the PH Architect’s design “bible”; the other professionals rely on the NBCP RCs i.e. NSCP, NEC, NMC, NPCP, Sanitation Code, etc. • NBCP 2004 IRR integrates both physical planning and design for buildings, grounds and sites • Architects are considered as the primary interpreters of the physical planning and design provisions under the NBCP; as such, PH Architects must always strive to master the NBCP; • PH Architects’ interpretation of the NBCP must be aided with the use of the 2000 Architecture Code(which already needs to be repealed/ upgraded into a law) s7 The NBCP and High Rises,Friday 03 August 2012

8. s8 • F1. High Rises Under Rule VII of the NBCP • 2004 Revised IRR • Key NBCP Rule VII provisions for High Rises: • i) Occupancy Classifications • ii) Principal, Accessory and Conditional Bldg Uses/ Occupancies • (referencing Zoning Classifications) • iii)Firewalls and Footprinting • iv)Allowable Floor Areas (Max. TGFA by Lot Type, AMVB, etc.) • v) Building Height Limit (BHL) including ATO (CAAP) reqts • vi) Offsite and On-site Parking Requirements • Key Guidelines on Building Bulk & Devt Controls • i) Floor Area Ratio (FAR) Designations/ Rights • ii) GFA to TGFA Conversions • iii)Angles/ Slopes to Satisfy Natural Light & Ventilation Reqts The NBCP and High Rises,Friday 03 August 2012

9. s9 • G1. High Rises Under Rule VIII of the NBCP • 2004 Revised IRR • Key NBCP Rule VIII provisions for High Rises: • i) Percentage of Site Occupancy (PSO), Total Open Space within • Lot [TOSL = Impervious Surface Area (ISA) + Unpaved Surface • Area (USA)], Max. Allowable Construction Area (MACA), etc. • ii) Lot Types • iii)Setbacks and Incremental Setbacks (Tall Buildings) • iv)Ceiling Heights, Room Dimensions & Window Openings • Key Guidelines on Easements, View Corridors, • RROWs, Lots & Public Buildings • i) Legal Easements • ii)Road-Right-of-Way (RROW) Elements & Configurations/ Levels • iii)Basements The NBCP and High Rises,Friday 03 August 2012

10. s10 • H1. High Rises Under Rule XII of the NBCP • 2004 Revised IRR • Key NBCP Rule XII provisions for High Rises: • i) General Requirements for Design & Construction • ii) Excavation, Foundation & Retaining Walls • iii)Floor and Roof Construction • iv)Stairs, Exits & Occupant Loads • v) Doors, Corridors, Exit Balconies, Stairs, etc. • vi) Skylights • vii)Bays, Porches & Balconies • viii)Penthouses, Roof Structures, Towers & Spires • ix) Fire Extinguishing Systems • x) Stages & Platforms • xi) Wall Boards The NBCP and High Rises,Friday 03 August 2012

11. s11 • I. Basements (Under the NBCP 2004 Revised IRR) • Basement perimeter (retaining wall) must follow the lines of the permissible building footprint at grade (surface) level; • Naturally-ventilated basement levels must have both natural light and ventilation provisions e.g. steel-grated cutouts on suspended slabs to allow the continuous venting of fumes and the unimpeded entry of natural light and ventilation e.g. a chimney serving as the central atrium; and • Artificially-ventilated basements do not have to provide requirements under item 2 above. The NBCP and High Rises,Friday 03 August 2012

12. J. Other Considerations for High Rises • Orientations (hot and cold sides, battered and pleasant sides, etc.) • Reflected Light and Heat • View and Privacy Issues • Carrying Capacity Issues for Non-PUD Lots/ Bldgs • Nuisance, Safety and Property/ Air Rights Issues arising from Billboards/ Signs/ Displays Mounted on High-rise Building and Parking Structure Walls/ Firewalls/ Fire Escapes/ Cladding • Vehicle Ingress and Egress (Parking Traps) • Health, Safety and Security Considerations • Sensitivities (gender, age, disability, etc.) s12 The NBCP and High Rises,Friday 03 August 2012

13. K. The Ideal Situation • Institutionalization of an iterative review process of building plans by the LGU Fire Marshal and by the LGU Office of the Building Official (OBO) • Only registered and licensed Architects (RLAs) must officially review and approve architectural documents submitted to LGU OBOs for building permit application (Sec. 35 of RA 9266) • Public Hearing on buildings exceeding TGFA of 10,000.0 sqm in non-planned unit developments (PUDs) due to carrying capacity considerations • Automatic filing of administrative cases against professionals & Government officials involved in major/ serious NBCP & ZO violations. s13 The NBCP and High Rises,Friday 03 August 2012

14. L. Problems with NBCP & Its Interpretation • Not truly reflective of Sustainable Design (Green Architecture and Environmental Design practices) • Unable to sufficiently address New Building Materials/ Technologies & Construction Practices • Interpretations of the NBCP architectural provisions are being made by persons i.e. City/ Municipal Engineers (CMEs) with possibly limited knowledge/ appreciation of architecture, space planning, physical planning & general environ-mental design (correctible by Sec. 35 of RA 9266) • Continuing Government reliance on the intercalated (erroneous) text of Sec. 302 of NBCP s14 The NBCP and High Rises,Friday 03 August 2012

15. M. What to Do Next? • Repeal the 35-year old NBCP to make it truly sustainable i.e. infuse/ update it with more Green Architecture/ Environmental Design provisions • Repeal the 2000 Architecture Code (and transform it into a viable law to protect the PH architecture profession) • Amend Sec. 477 of RA 7160 (LG Code of 1991) to prevent CMEs from acting as Building Officials (BOs) • Truly Professionalize the Position of Building Official & Heavily Penalize Their Wrongful Acts • Transfer Complete Jurisdiction Over PH Buildings from the DPWH (which should focus on horizontal infrastructure) into a new Department (of Housing, Settlements and Urban Development) s15 The NBCP and High Rises,Friday 03 August 2012

16. N. Writings on the Wall • Borderless Architectural Practice Will be the Norm (ASEAN MRA in 2015 and WTO GATS in 2020); learning about building codes of other countries shall also become the norm; • Building Settings in Non-Traditional Environments (sand, wetlands, above water i.e. stilts/ platforms, non-reclaimed foreshore, water surface, underwater, forests, underground, above waterways utilizing air rights, etc.); • Climate Change-Adaptable and Disaster-Resilient Buildings, Secure Buildings, etc.; and • Newer/ novel ways of providing/ using spaces for habit-ation (materials, technologies, etc.) s16 The NBCP and High Rises,Friday 03 August 2012

17. www.architectureboard.phThank Youand aPleasant Evening to All !!! s17 The NBCP and High Rises,Friday 03 August 2012