Transcript Discussion

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www.architectureboard.ph
The 1977 NBCP (PD 1096 &
Its 2004 Revised IRR)
and High Rises
Ar Armando N. ALLÍ , apec ar
Resource Person
The NBCP and High Rises (Overview of Presentation)
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
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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
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A. Legal Framework
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]
The 1987 Philippine Constitution is the basic law of
the land while Treaties, International Agreements
are often considered superior to national laws
The Law
Everything lower than the
R.A., P.D. or B.P. are mere
Executive Issuances
PD 1096 (1977 NBCP ) defers to local laws if
and only if the local law is more stringent
than the NBCP provisions.
Laws and Regulations at the Local
Government Unit (LGU) Level DO NOT have
the same effect as National Laws
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
B. What is the NBCP and What is Its
Standing?
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1. PD 1096 is the 1977 National Building Code of the
Philippines (NBCP); it is a law with penal provisions
2. 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;
3. PD 1096 is 35 years old; RA 9266 is 8 years old; the later
law i.e. newer (more recent)/ younger law prevails;
4. 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
The NBCP and High Rises, Friday 03 August 2012
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C. Hierarchy of Building Codes
1. NBCP & its 2004 Revised IRR
2. 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 OrdinancesThe NBCP and High Rises,
Friday 03 August 2012
D. General Applicability of the NBCP
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1. The 1977 NBCP only sets minimum standards for
building design, construction & occupancy/ use
2. 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.
3. 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. The NBCP and High Rises, Friday 03 August 2012
E. Key Points on NBCP Usage
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1. 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.
2. NBCP 2004 IRR integrates both physical planning
and design for buildings, grounds and sites
3. 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;
4. 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)
The NBCP and High Rises, Friday 03 August 2012
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F1. High Rises Under Rule VII of the NBCP
2004 Revised IRR
1.
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
2.
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
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G1. High Rises Under Rule VIII of the NBCP
2004 Revised IRR
1.
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
2.
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
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H1. High Rises Under Rule XII of the NBCP
2004 Revised IRR
1.
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
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I. Basements (Under the NBCP 2004 Revised IRR)
1. Basement perimeter (retaining wall) must follow
the lines of the permissible building footprint at
grade (surface) level;
2. 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
3. Artificially-ventilated basements do not have to
provide requirements under item 2 above.
The NBCP and High Rises, Friday 03 August 2012
J. Other Considerations for High Rises
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1. Orientations (hot and cold sides, battered and
pleasant sides, etc.)
2. Reflected Light and Heat
3. View and Privacy Issues
4. Carrying Capacity Issues for Non-PUD Lots/ Bldgs
5. 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
6. Vehicle Ingress and Egress (Parking Traps)
7. Health, Safety and Security Considerations
8. Sensitivities (gender, age, disability, etc.)
The NBCP and High Rises, Friday 03 August 2012
K. The Ideal Situation
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1. Institutionalization of an iterative review process
of building plans by the LGU Fire Marshal and by
the LGU Office of the Building Official (OBO)
2. 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)
3. Public Hearing on buildings exceeding TGFA of
10,000.0 sqm in non-planned unit developments
(PUDs) due to carrying capacity considerations
4. Automatic filing of administrative cases against
professionals & Government officials involved in major/
The NBCP and High Rises, Friday 03 August 2012
serious NBCP & ZO violations.
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L. Problems with NBCP & Its Interpretation
1. Not truly reflective of Sustainable Design (Green
Architecture and Environmental Design practices)
2. Unable to sufficiently address New Building
Materials/ Technologies & Construction Practices
3. 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 environmental design (correctible by Sec. 35 of RA 9266)
4. Continuing Government reliance on the
intercalated (erroneous) text of Sec. 302 of NBCP
The NBCP and High Rises, Friday 03 August 2012
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M. What to Do Next?
1. Repeal the 35-year old NBCP to make it truly
sustainable i.e. infuse/ update it with more Green
Architecture/ Environmental Design provisions
2. Repeal the 2000 Architecture Code (and transform it
into a viable law to protect the PH architecture profession)
3. Amend Sec. 477 of RA 7160 (LG Code of 1991) to
prevent CMEs from acting as Building Officials (BOs)
4. Truly Professionalize the Position of Building
Official & Heavily Penalize Their Wrongful Acts
5. 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)
The NBCP and High Rises, Friday 03 August 2012
N. Writings on the Wall
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1. 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;
2. 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.);
3. Climate Change-Adaptable and Disaster-Resilient
Buildings, Secure Buildings, etc.; and
4. Newer/ novel ways of providing/ using spaces for habitation (materials, technologies, etc.) The NBCP and High Rises, Friday 03 August 2012
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Thank You
and a
Pleasant Evening to All !!!
The NBCP and High Rises, Friday 03 August 2012