BP 344-Disability Act

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"Towards Full Participation and Equality of Rights and Opportunities for Persons with Disabilities

Home | About Us | Disability Laws | Int'l Conventions and Commitments | Directory of


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Disability Laws
Republic Acts

Disability Laws

BP 344
REPUBLIC OF THE PHILIPPINES
Batasang Pambansa
Fifth Regular Session
Begun and held in Quezon
City, Metropolitan Manila, on Monday,
The twenty-sixth day of July nineteen hundred and eighty-two.
BATAS PAMBANSA BLG. 344
AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONS
BY REQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTS
AND PUBLIC UTILITIES TO INSTALL FACILITIES AND OTHER DEVICES.

Republic Act 9442

Be it enacted by the Batasang Pambansa in session assembled

Republic Act 7277

SECTION 1. In order to promote the realization of the rights of disabled


persons 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, no license or permit for the construction,
repair or renovation of public and private buildings for public use.
Educational institutions, airports, sports and recreation centers and
complexes, shopping centers or establishments, public parking places,
work-places, public utilities, shall be granted or issued unless the owner
or operator thereof shall install and incorporate in such building,
establishment, institution or public utility, such architectural facilities or
structural features as shall reasonably enhance the mobility of disabled
persons such as sidewalks, ramps, railings and the like. If feasible, all
such existing buildings, institutions, establishments, or public utilities to
be constructed or established for which licenses or permits had already
been issued may comply with the requirements of this law: Provided,
further, That in case of government buildings, street and highways, the
Ministry of Public Works and Highways shall see to it that the same shall
be provided with architectural facilities or structural features for disabled
persons. In the case of the parking place of any of the above
institutions, buildings, or establishment, or public utilities, the owner or
operator shall reserve sufficient and suitable space for the use of disabled
persons.

IRR of RA 7277
Republic Act 6759
IRR of RA 6759
Republic Act 5250
Republic Act 4564
Republic Act 3562
Republic Act 1373
Republic Act 1179
IRR of RA 9442
Republic Act 9433
Executive Orders
Executive Order 676
Executive Order 232
Executive Order 123
Executive Order 437
Executive Order 385
Executive Order 417
Executive Order 709
Administrative Orders
A. O. No. 35
Batas Pambansa

SECTION 2. In case of public conveyance, devices such as the prominent


display of posters or stickers shall be used to generate public awareness
of the rights of the disabled and foster understanding of their special
needs. Special bus stops shall be designed for disabled persons.
Discriminating against disabled persons in the carriage or transportation
of passengers is hereby declared unlawful.
SECTION 3. The Minister of Public Works and Highways and the Minister
of Transportation and Communication, in coordination with the National
Commission Concerning Disabled Persons, shall prepare the necessary
rules and regulations to implement the provisions of this Act.
SECTION 4. Any person violating any provision of this Act or of the rules
and regulations promulgated hereunder shall, upon conviction by a court
of competent jurisdiction, suffer the penalty of imprisonment of not less
than one month but not more than one year or a fine of P2,000 to
P5,000 or both, at the discretion of the court: Provided, That in the case

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National Council on Disability Affairs


Batas Pambansa 344
IRR of BP 344
Proclamations
Proclamation No. 467
Proclamation No. 1385
Proclamation No. 1870
Proclamation No. 829
Proclamation No. 125
Proclamation No. 452
Proclamation No. 711
Proclamation No. 92
Proclamation No. 110
Proclamation No. 124

of corporations, partnerships, cooperatives or associations, the president,


manager or administrator, or the person who has charge of the
construction, repair or renovation of the buildings, space or utilities shall
be criminally responsible for any violation of this Act and/or rules and
regulations promulgated pursuant thereto.
SECTION 5. All laws, executive and administrative orders, rules and
regulations inconsistent with the foregoing provisions are hereby repealed
or amended accordingly.
SECTION 6.This Act shall take effect upon its approval.
Approved.
(Signed)
QUERUBE C. MAKALINTAL
Speaker
This Act was passed by the Batasang Pambansa on December 7, 1982
(Signed)
ANTONIO M. DE GUZMAN
Secretary General

Proclamation No. 157

Approved: February 25, 1983

Proclamation No. 361

(Signed)
FERDINAND E. MARCOS
President of the Philippines

Proclamation No. 230


Proclamation No. 472
Proclamation No. 588
Proclamation No. 657
Proclamation No. 658
Proclamation No. 744
Proclamation No. 1157
Proclamation No. 240

Downloadable Forms
Disability Resources
NewsLetters/Publications
Announcements
FAQ
Calendar of Events

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"Towards Full Participation and Equality of Rights and Opportunities for Persons with Disabilities

Home | About Us | Disability Laws | Int'l Conventions and Commitments | Directory of


PWD Resources | Government Offices | International Resources | 30th NDPR Week
Celebration | The Chair's Report | Vacancies | Invitation to Bid

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Disability Laws

IRR of BP 344
"AN ACT TO ENHANCE THE MOBILITY OF DISABLED PERSONS
BY REQUIRING CERTAIN BUILDINGS, INSTITUTIONS, ESTABLISHMENTS
AND PUBLIC UTILITIES
TO INSTALL FACILITIES AND OTHER DEVICES."
Joint Promulgated By:

Disability Laws
Republic Acts
Republic Act 9442
Republic Act 7277

The Department of Public Works and Highways Port Area, Manila


The Department of Transportations and Communications Pasig, Metro
Manila
in coordination with:
The National Council for the Welfare of Disabled Persons
(Accessibility Sector on the Magna Carta for Disabled Person) Diliman,
Quezon City

IRR of RA 7277

RULE I - SCOPE AND APPLICATION

Republic Act 6759

1. Purpose:

IRR of RA 6759

Republic Act 3562

The Rules and regulations set forth herein provide for minimum
requirements and standards to make buildings, facilities and utilities for
public use accessible to disabled persons, pursuant to the objectives of
Batas Pambansa Bilang 344, An Act to Enhance the Mobility of Disabled
Persons by Requiring Certain Buildings, Institutions, Establishments and
Public Utilities to Install Facilities and Other Devices.

Republic Act 1373

2. Definition of Terms:

Republic Act 1179


IRR of RA 9442

For the purpose of these Rules and Regulations, the words, terms and
phrases enumerated in Annex A hereof shall have the meaning as
provided therein.

Republic Act 9433

3. Scope:

Republic Act 5250


Republic Act 4564

Executive Orders
Executive Order 676
Executive Order 232
Executive Order 123
Executive Order 437
Executive Order 385
Executive Order 417
Executive Order 709
Administrative Orders
A. O. No. 35
Batas Pambansa

The provisions of these Rules and Regulations shall apply to the


following:
3.1 Public and private buildings and related structures for public use and
which shall be constructed repaired or renovated.
3.2 Streets and highways and public utilities
3.2.1 Streets and highways
3.2.2 Public transport vehicles which shall include:
a). Passenger buses and jeepneys
b). Passengers trains, including those of the Light Rail Transit Authority
(LRTA)
c). Domestic inter-island vessels
d). Domestic aircraft of air carriers
3.2.3 Public Telephones

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National Council on Disability Affairs


Batas Pambansa 344
IRR of BP 344
Proclamations

3.3 Public transport


terminals including those of LRTA
4. Application:

Proclamation No. 467

4.1 Public and private buildings and related structures for public use.

Proclamation No. 1385

No permit for the construction, repair or renovation of public and private


buildings and related structures for public use, whether owned or leased,
shall be granted or issued, unless the owner thereof shall have provided
in the places and specifications submitted for approval barrier-free
facilities and accessibility features as provided in these Rules and in
accordance with the followings criteria:

Proclamation No. 1870


Proclamation No. 829
Proclamation No. 125
Proclamation No. 452
Proclamation No. 711
Proclamation No. 92
Proclamation No. 110
Proclamation No. 124
Proclamation No. 157
Proclamation No. 361
Proclamation No. 230
Proclamation No. 472
Proclamation No. 588
Proclamation No. 657
Proclamation No. 658
Proclamation No. 744
Proclamation No. 1157
Proclamation No. 240

Downloadable Forms
Disability Resources
NewsLetters/Publications
Announcements
FAQ
Calendar of Events

4.1.1 Building and related structures to be constructed


a). At the space where the primary function is served and where facilities
and ingress/egress of the building or structure are located, as to make
such space accessible to the disabled persons; provided, however, that
where the primary function can be served at the ingress level and where
such level is provided with facilities, requirements for accessibility at
other levels may be waived.
b). Ten percent (10%) of the total number of units of governmentowned living accommodations shall be accessible and fully usable by the
disabled persons with any fractional part in excess of one-half (1/2) in
the computation thereof, to be considered as one unit; for privatelyowned living accommodations the number of accessible units shall be as
provided in Section 3 of Rule III thereof.
c). Ingress/egress from the street to the building or structure shall be
made accessible.
d). Accessible slots in parking areas shall be located as near as possible
to ingress/egress spaces of the building or structure.
4.1.2 Building and related structures to be repaired or renovated
including those proposed for a change of occupancy If feasible ,
barrier-free facilities and accessibility and accessibility features shall be
provided in accordance with the requirements under Subsection 4.1.1 (1),
(c ) and (d): feasibility of incorporation of barrier-free facilities and
accessibility features shall be determined from all the following
conditions:
a). When the repair or renovation work is to be done in the space where
the primary function is served;
b). When the facilities can be made accessible at any other level which is
accessible by means of an elevator with a minimum width of 800 mm;
c). When the space allotted for the primary function will not be
diminished by more than ten percent (10%) of its original area;
d). When the capacity or strength of any major structural component,
such as slabs, beams, girders, columns, bearing walls and footing of the
building or structure will not be diminished;

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e). When the cost (exclusive of the exception provided below) of such
repair or renovation work is in excess of twenty percent (20%) of the
total cost of the building or structure, based upon the computation of
permit fees as provided under Rule III of the Implementing Rules and
Regulations promulgated pursuant to P.D. 1096 entitled: The National
Building Code of the Philippines;
f). When there is no legal constraint which would not allow compliance
with these regulations:
EXCEPTION: Repair or renovation work which consists only of heating,
ventilating and air conditioning systems, including those which may be
required only with respect to fire panic and explosion safety for existing
spaces, shall not be subject to the requirements for barrier-free facilities
and accessibility features.
4.2.1 Streets, highways and transport related structures to be constructed
- Streets, highways and transport related structures shall be provided

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with the following barrier-free facilities and accessibility features at every


pedestrian crossing: ramps and other accessible features in buildings of
the Sectoral offices and attached agencies of DOTC; transportation
terminals and passenger waiting areas for use of disabled person;
a) Cut-out curbs and accessible ramps at the sidewalks.
b) Audio-visual aids for crossing
EXCEPTION: Requirements for accessibility at pedestrian
separations or overpasses and underpasses may be waived.

grade

4.2.2 Existing streets and highways to be repaired and renovated the


accessibility requirements shall be provided where the portion of existing
streets and highways to be repaired or renovated includes part or the
entire pedestrian crossing.
4.2.3 Transport vehicles for public use
a) No license or franchise for the operation of public buses, passenger
boats, ships and domestic airplanes shall be granted or issued unless the
owner or operator thereof shall have provided and designated the
number of seats and shall have placed audio-visual aids.
b) Government instrumentalities operating passenger trains including the
Light Rail Transit Authority shall have provided the number of seats for
disabled persons.
c) Government instrumentalities operating passenger airplanes shall
provide and designate the number of seats for disabled persons and shall
likewise place the audio-visual aids
4.2.4 Existing Public Transport Vehicles - The minimum accessibility
requirements shall apply to all existing units of public transport vehicles,
and including those units, which are to be repaired and renovated.
4.2.5 Public Telephones - At least one unit of public telephones for every
four (4) units shall be accessible to disabled persons and shall be
provided with visual aids required, provided that if only (1) public
telephone is to be installed in a particular place the same shall be
accessible to disabled persons.
4.2.6 Public Transport Terminals - The criteria and accessibility
requirements, provided for public and private buildings and related
structures for public use shall apply to public transport terminals.
5. Special Standards of Accessibility:
Where the requirements for accessibility in the Rules will create an
unreasonable hardship in design/construction, special standards of
accessibility through the use of other methods and/or materials shall be
allowed if better facilities can be provided subject to the approval of the
National Council for the Welfare of Disabled Persons..
RULE II - MINIMUM REQUIREMENTS FOR ACCESSIBILITY
1. Design Criteria:
1.1 CATEGORIES OF DISABLED PERSONS. The categories of disability
dictate the varied measures to be adopted in order to create an
accessible environment for the handicapped. Disabled persons under
these Rules may be classified into those who have:
1.1.1 Impairments requiring confinement to wheelchairs; or
1.1.2 Impairments causing difficulty or insecurity in walking or climbing
stairs or requiring the use of braces, crutches or other artificial supports;
or impairments caused by amputation, arthritis, spastic conditions or
pulmonary, cardiac or other ills rendering individuals semi-ambulatory; or
1.1.3 Total or partial impairments of hearing or sight causing insecurity or
like hood of exposure to danger in public places; or
1.1.4 Impairments due to conditions of aging and in coordination;
1.1.5 Mental impairments whether acquired or congenital in nature.

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1.2 ANTHROPOMETRICS AND DIMENSIONAL DATA AS GUIDES FOR
DESIGN.
The minimum and maximum dimensions for spaces in the built
environment should consider the following criteria:
1.2.1 The varying sizes and statures of persons of both sexes, their
reaches and their lines of sight at both the standing and sitting positions.
1.2.2 The dimensional data of the technical aids of disabled persons.
Included in the second consideration are the dimensions of wheelchairs;
the minimum spaces needed for locking and unlocking leg braces plus
the range of the distance of crutches and other walking aids from
persons using such devices. By applying at this very early stage
dimensional criteria which take into account wheelchair usage, the
physical environment will ultimately encouraged and enable wheelchair
users to make full use of their physical surroundings.
1.2.3 The provision of adequate space for wheelchair maneuvering
generally insures adequate space for disabled persons equipped with
other technical aids or accompanied by assistants. In determining the
minimum dimensions for furniture and fixtures accessible to disabled
persons, the following anthropometrics data shall serve as guides for
design: The length of wheelchairs varies from 1.10 m to 1.30 m . The
width of wheelchairs is from 0.60 m to 0.75 m. A circle of 1.50 m in
diameter is a suitable guide in the planning of wheelchair turning spaces.
The comfortable reach of persons confined to wheelchairs is from 0.70 m
to 1.20 m above the floor and not less than 0.40 m from room corners.
The comfortable clearance for knee and leg space under tables for
wheelchair users is 0.70 m. Counter height shall be placed at a level
comfortable to disabled persons reach.
1.3 BASIC PHYSICAL PLANNING REQUIREMENTS. No group of people
shall be deprived of full participation and enjoyment of the environment
or be made unequal with the rest due to any disability. In order to
achieve this goal adopted by the United Nations, certain basic principles
shall be applied:
1.3.1 ACCESSIBILITY. The built environment shall be designed so that it
shall be accessible to all people. This means that no criteria shall impede
the use of facilities by either the handicapped or nondisabled citizens.
1.3.2 REACHABILITY. Provisions shall be adapted and introduced to the
physical environment so that as many places or buildings as possible can
be reached by all.
1.3.3 USABILITY. The built environment shall be designed so that all
persons, whether they be disabled or not, may use and enjoy it.
1.3.4 ORIENTATION. Finding a persons way inside and outside of a
building or open space shall be made easy for everyone.
1.3.5 SAFETY. Designing for safety insures that people shall be able to
move about with less hazards to life and health.
1.3.6 WORK ABILITY AND EFFICIENCY. The built environment shall be
designed to allow the disabled citizens to participate and contribute to
developmental goals
RULE III - SPECIFIC REQUIREMENTS FOR BUILDINGS AND
RELATED STRUCTURES FOR PUBLIC USE
1. CLASSIFICATION OF BUILDING BY USE OF OCCUPANCY:
1.1 Occupancy classified by categories enumerated in Section 710 of the
National Building Code (PD 1096) are hereby adapted
1.1.1 Category I Residential This shall comprise Group A and partly
Group b Buildings
1.1.2 Category II Commercial and Industrial This shall comprise partly
Groups B, C, E, F, G, H, AND I Buildings
1.1.3 Category III Educational and Industrial This shall comprise
partly Group C, D, E, and H Buildings

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1.1.4 Category IV Agriculture This shall comprise partly Group J
Buildings.
1.1.5 Category V Ancillary This shall comprise partly Group J
Buildings.
2. ARCHITECTURAL FEATURES AND FACILITIES: Where the
following features and facilities are: architectural design requirements in
accordance with generally accepted architectural practice, the same
include the corresponding graphic signs.
2.1 Architectural facilities and features:
2.1.1 A - Stairs
2.1.2 B - Walkways
2.1.3 C - Corridors
2.1.4 D - Doors and Entrance
2.1.5 E - Washrooms and Toilets
2.1.6 F - Lifts/Elevator
2.1.7 G - Ramps
2.1.8 H - Parking Areas
2.1.9 I - Switches, Controls, Buzzers
2.1.10 J - Handrails
2.1.11 K - Thresholds
2.1.12 L - Floor Finishes
2.1.13 M - Drinking Fountains
2.1.14 N - Public Telephones
2.1.15 O - Seating Accommodations
3. CATEGORY I The following requirements shall only apply to
government-owned building:
3.1 Group A
3.1.1 Single detached. Ten percent (10%) of the total units to be
constructed. Barrier-free facilities and features required in: A, B, C, D, E,
G, H, I, J, K, and L.
3.1.2 Duplexes: Ten percent (10%) of the total units to be constructed.
Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K,
and L.
3.1.3 School or company staff housing units: One (1) unit for 26 to 50
units to be constructed and 1 additional unit for every 100 units
thereafter. Barrier-free facilities and features required in: A, B, C, D, E,
G, H, I, J, K, and M.
4. Category II The following requirement shall apply to both
government and privately owned buildings.
4.1 Group B
4.1.1 Accessories, tenement houses and/or row houses, apartment
houses and/or town houses. One (1) unit for every 50 units up to 150
units and an additional unit for every 100 units thereafter. Barrier-free
facilities and features required in: A, B, C, D, E, G, H, I, J, K, and L.
4.1.2 Hotels, motels, inns, pension houses and/or apartels. One (1) unit
per every 50 units up to 150 units and additional unit for every 100 units
at ingress level. In case there is no barrier-free elevators: at least one
(1) unit shall be provided at ingress level. Barrier-free facilities and
features required in: A, B, C, D, E, F, G, H, I, J, K, L, M, and N.
4.1.3 Private or off campus Dormitories: One (1) unit per every 50 unit
up to150 units and additional dwelling unit for every 100 units thereafter
at ingress level. Barrier-free facilities and features required in: A, B, C, D,
E, G, H, I, J, K, L, M, and N.
4.2 Group C
4.2.1 Amusement Halls and Parlor Barrier-free facilities and features
required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.2.2 Massage and Sauna Parlors Barrier-free facilities and features

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required in A, B, C, D, E, F, G, H, I, J, K, L, and M.
4.3 Group E-1
4.3.1 Train Stations and Terminals Barrier-free facilities and features
required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.3.2 Bus depots and Terminals Barrier-free facilities required in A, B, C,
D, E, F, G, H, I, J, K, L, M, N, and O.
4.3.3 Transportation Office Barrier-free facilities required in A, B, C, D, E,
F, G, H, I, J, K, L, M, N, and O.
4.3.4 Airport terminal buildings, heliports Barrier-free facilities required in
A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.3.5 Ports and harbor facilities, landing piers, sheds, ferry landing
stations Barrier-free facilities required in A, B, C, D, E, F, G, H, I, J, K, L,
M, N, and O.
4.4 Group E-2
4.4.1 General wholesale and retail stores Barrier-free facilities and
features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.2 Shopping centers and supermarkets and public markets Barrier-free
facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.3 Restaurants, dining and drinking establishments Barrier-free
facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.4 Office buildings Barrier-free facilities and features required in A, B,
C, D, E, F, G, H, I, J, K, L, and N.
4.4.5 Financial Institutions Barrier-free facilities and features required in
A, B, C, D, E, F, G, H, I, J, K, L, and N.
4.4.6 Funeral parlors, morgues and crematories Barrier-free facilities and
features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.4.7 Memorial and Mortuary Chapels Barrier-free facilities and features
required in A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O.
4.5 Group H-I, Group H-4, and Group I
4.5.1 Theaters, Auditoriums and Convention Halls Barrier-free facilities
and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
4.5.2 Concert Halls and Opera Houses Barrier-free facilities and features
required in: A, B, C, D, E, G, H, J, K, L, M, N, and O
4.5.3 Colisea and Sports Complex and Stadiums Barrier-free facilities and
features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O
4.6 Group F
4.6.1 Dairies and Creameries Barrier-free facilities and features required
in: A, B, C, D, E, G, H, I, J, K, L, and M.
4.6.2 Factories and workshops using incombustible or non-explosive
materials Barrier-free facilities and features required in: A, B, C, D, E, G,
H, I, J, K, L, and M.
4.6.3 Breweries bottling plants, canneries and tanneries Barrier-free
facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
4.7 Groups G-3
4.7.1 Wood working establishments, lumber and timber yards. Barrierfree facilities and features required in: A, B, C, D, E, G, H, I, J, L, L, and
M.
4.7.2 Pulp, paper and paper board factories Barrier-free facilities and
features required in: A, B, C, D, E, G, H, I, J, L, L, and M.
4.7.3 Textile and fiber spinning mills Barrier-free facilities and features

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National Council on Disability Affairs


required in: A, B, C, D, E, G, H, I, J, L, L, and M.
4.7.4 Garment and undergarment factories Barrier-free facilities and
features required in: A, B, C, D, E, G, H, I, J, L, L, and M.
5. CATEGORY III
5.1 Group C
5.1.1 Educational institutions (schools, colleges, universities, vocational
schools, seminaries and novitiates), including school auditoriums,
gymnasia, reviewing stands, little theaters and concert halls. Barrier-free
facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and
O.
5.1.2 Libraries, museums, exhibition halls and art galleries Barrier-free
facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and
O.
5.1.3 Civil Centers Barrier-free facilities and features required in: A, B, C,
D, E, G, H, J, K, L, M, N, and O.
5.1.4 Clubhouses lodges Barrier-free facilities and features required in: A,
B, C, D, E, G, H, J, K, L, M, N, and O.
5.2 Group D-I
5.2.1 Mental hospitals, mental sanitaria, mental asylums Barrier-free
facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
5.2.2 Jails, prison, reformatories, correctional institutions Barrier-free
facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M
5.2.3 Rehabilitation Centers Barrier-free facilities and features required in:
A, B, C, D, E, G, H, I, J, K, L, and M
5.2.4 Leprosaria Barrier-free facilities and features required in: A, B, C, D,
E, G, H, I, J, K, L, and M
5.3 Group D-2
5.3.1 Homes for the Aged Barrier-free facilities and features required in:
A, B, C, D, E, G, H, I, J, K, L, and M
5.3.2 Hospitals and Sanitaria Barrier-free facilities and features required
in: A, B, C, D, E, G, H, I, J, K, L, and M
5.4 Group D-3
5.4.1 Nursing Homes for ambulatory patients Barrier-free facilities and
features required in: A, B, C, D, E, G, H, I, J, K, L, and M
5.4.2 Orphanages Barrier-free facilities and features required in: A, B, C,
D, E, G, H, I, J, K, L, and M
5.5 Group E-7
5.5.1 Police and fire stations Barrier-free facilities and features required
in: A, B, C, D, E, G, H, I, J, K, L, and M
5.6 Group H
5.6.1 Churches, temples, chapels and similar places of worship Barrierfree facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, M,
and O.
6. CATEGORY IV
6.1.1 Agricultural buildings Barrier-free facilities and features required in:
A, B, C, D, G, H, I, J, K, and L.
7. STANDARD
FACILITIES

OF

ACCESSIBILITY

FOR

SPECIAL

TYPE

OF

7.1 The provision of this section shall apply to the specified type of
facilities and identified specific requirements for accessibility and usability
which shall be provided for each of the listed occupancy uses.
a) Seating for the disabled shall be accessible from the main lobby to
primary entrances, together with related toilet facilities.
b) In all assembly places where seating accommodation is provided,
there shall be spaces for the disabled persons as provided. Seating
Capacity Wheelchair Seating Space
4 50 2

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National Council on Disability Affairs


51 300 4
301 500 6
c) When the seating capacity exceeds 500 an additional wheelchair
seating space shall be provided for each total seating capacity increase of
100 seats.
d) Readily removable seats may be installed in these spaces when such
spaces are not required to accommodate wheelchair users.
8. COMPUTATION OF ACCESSIBLE UNITS
In the computation for the allocation of accessible units and seating
capacity decimal greater than 0.5 shall be considered as one unit. In all
cases a minimum of one (1) accessible unit shall be provided.
9. APPLICATION OF BARRIER-FREE FACILITIES AND FEATURES
9.1 Graphic signs shall be bold and conspicuously installed in every
access from point of entry to connecting destination.
9.2 Walkways shall be provided with adequate passageway in accordance
with provision.
9.3 Width of corridors and circulation system integrating both and vertical
access to ingress/egress level of the building shall be provided.
9.4 Doors and entrances provided herein used as entry points at entrance
lobbies as local points of congregation shall be designed to open easily or
accessible from floor or to any point of destination.
9.5 Washroom and toilets shall be accessible and provided with adequate
turning space.
9.6 Whenever elevator/s is required it should meet the requirements
provide.
9.7 Ramps shall be provided as means of access to level of change going
to entry points and entrances, lobbies influenced by condition of location
or use.
9.8 Parking areas shall be provided with sufficient space for the disabled
persons to allow easy transfer from car park to ingress/egress levels.
9.9 Height above the floor or switches and controls shall be in accordance
with the provisions.
9.10 Handrails shall be provided at both sides of ramps.
9.11 Floors provided for every route of the wheelchair shall be made of
nonskid material.
9.12 Water fountains shall be installed as required. (Refer to Appendix A
for the illustrations of Rules II and III complementing Rule II of the
previous implementing rules and regulations).
RULE IV REQUIREMENTS FOR PUBLIC TRANSPORTATION
1. Classification of public conveyances by mode of transport shall be as
follow:
1.1 Land Transportation This shall refer to buses having a minimum
seating capacity of 50 persons for regular buses and 40 persons for
airconditioned buses. This shall include regular city buses, regular
provincial buses, air-conditioned by city buses (Love Bus and Pag-ibig
Bus) and air conditioned tourist and provincial buses.
1.2 Rail Transportation - This shall refer to the three railways systems in
the country, the Philippine National Railways (PNR) operating in Luzon,
the Panay Railways Corporation (PRC) operating in the island of Panay
and the Light Rail Transit Authority (LRTA) operating in Metro Manila.
1.3 Water Transportation - This shall refer to domestic passenger ships,
ferryboats and other water transportation vessels.
1.4 Air Transportation - This shall refer to the domestic passenger
airplanes.

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National Council on Disability Affairs


2. No franchise or permit to operate public transportation units shall be
granted issued or renewed unless such units are constructed or
renovated in accordance with the requirements.
3. If feasible, all owners or operators of existing public transport utilities
shall modify or renovate their units to accommodate disabled persons.
4. The construction or renovation of public transport utilities covered by
these rules shall be subject to compliance with the body designs and
specifications as provided under existing rules and regulations.
5. Posters or stickers shall be conspicuously displayed inside the units.
6. Public transportation shall have designated seats for disabled persons.
6.1 Regular buses shall have at least five (5) designated seats for
disabled persons near exit/entrance doors.
6.2 First class, premiere and air-conditioned buses shall have at least
four (4) designated seats for disabled persons near the door.
6.3 Passenger trains shall have at least six (6) designated seats per car
for disabled persons nearest to the door.
6.4 Passenger airplanes shall have at least two (2) designated seats for
disabled persons near the front exit/entrance door on a per aircraft-type
basis.
6.5 For regular and air-conditioned city buses, other passengers may use
these designated seats if not occupied and yield them to incoming
disabled persons whenever the occasion arises.
6.6 For provincial buses, regular and air-conditioned buses, passenger
trains and airplanes, the designated seats for disabled persons may be
occupied by other passengers only if no disabled persons shall occupy
these seats at the start of the trip.
6.7 Jeepneys shall have at least two (2) seats; preferably the front seats
as designated seats for disabled persons.
6.8 For jeepneys, other passengers may be use these designated seats if
not occupied and yield them to incoming disabled passengers only if the
yielding passenger can still be accommodated at the back
6.9 In domestic shipping, each vessel shall:
a. Allocate on a per class-basis, areas for disabled passengers. These
areas shall be nearest to the entrance and/or exit doorways of the
vessels.
b. Give priority to disabled passengers embarkation and disembarkation
through the assignment of time windows. Disabled passengers shall be
given a twenty (20) minute period to embark ahead of the three (3)
hour embarkation time prior to the ships departure; and shall be
allocated a maximum of one (1) hour for disembarkation after the ships
arrival.
7. The designated seats shall be identified by the International Symbol of
Access.
8. Owners or operators of city buses operating in highly urbanized cities
shall install in their units audiovisual aids such as buzzer, bell, flashing
light to inform the driver of any alighting passenger.
9. At least one deck in passenger ships shall be provided with accessible
ramps, passageway, access to gangways, galleys, safety equipment and
bunks/berths/cabins with dimensions conforming with the requirements.
RULE V ADMINISTRATION AND ENFORCEMENT
1. Responsibility for Administration and Enforcement
The administration and enforcement of the provision of these Rules and
Regulations shall be vested in the Secretary of Public Works and
Highways and the Secretary of transportation and Communications, in

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National Council on Disability Affairs


accordance with the functions and jurisdiction of their respective
Departments as provided for by laws as follows.
1.1 The Secretary through the Heads of attached agencies of the
Department of Public Works and Highways, with the technical assistance
of the Building Research Development Staff, shall administer and enforce
the provisions of these Rules and Regulations through the City/Municipal
Engineer who shall also act as Local Building Official pursuant to Section
477 of R.A. 7160, otherwise known as the Local Government Code of
1991 and as applied for the following:
1.1.1 Buildings and related structures including public transport terminals
1.1.2 Streets and Highways
1.2 The Secretary of transportation and Communication shall administer
and enforce the provisions of these Rules and Regulations through the
Heads of Line and Attached Agencies of the Department as follows:
1.2.1 Land Transportation Franchising and Regulatory Board In respect
to the issuance of Certificate of Public Convenience (CPC) and Provisional
Authority (PA) for the operation of public road transportation utilities or
services.
1.2.2 Land Transportation Office - In respect to the registration of buses
and jeepneys and enforcement of regulations related to land transport.
1.2.3 Philippine National Railways and the Light Rail Transit Authority For the operation of passenger trains and including stations and
terminals.
1.2.4 Maritime Industry Authority - In respect to the development
promotion, and regulation of all enterprises engaged in business of
designing, constructing, manufacturing, acquiring, operating, supplying,
repairing and/or maintaining vessels or components thereof; of managing
and/or operating shipping lines, shipyards, dry docks, marine railways,
marine repair shops, shipping and freight forwarding agencies and similar
enterprises; issuance of license to all water transport vessels.
1.2.5 Philippine Ports Authority - In respect to the planning,
development, financing, construction, maintenance and operation of
ports, port facilities, port physical plants, and all equipment used in
connection with the operation of a port.
1.2.6 Civil Aeronautics Board - In respect to the supervision and
regulation of, the jurisdiction and control over air carriers, general sales
agents, cargo sales agents and airfreight for warders, and issuance of
certificates/licenses to aircrafts.
1.2.7 Air Transportation Office - In respect to the maintenance, operation
and development, of all government airports (other than the NAIA,
Mactan International Airport) as well as air navigation facilities (excluding
meteorology).
2. Criminal Liability
As stipulated in Section 46 of R.A. 7277, otherwise known as the Magna
Carta for Disabled Persons
(a), any person who violates any provision of the rules and regulations of
this Act shall suffer the following penalties:
1) For the first violation, a fine of not less than Fifty thousand pesos
(P50, 000.00) but not exceeding One hundred thousand pesos (P100,
000.00) or imprisonment of not less than six (6) months but not more
than two (2) years, or both at the discretion of the court; and
2) For any subsequent violation, a fine of not less than One hundred
thousand pesos (P100, 000.00) but not exceeding Two hundred thousand
pesos (P200, 000.00) or imprisonment for not less than two (2) years but
not more than six (6) years, or both at the discretion of the court.
(b) Any person who abuses the privileges granted herein shall be
punished with imprisonment of not less than six (6) months or a fine of
not less than Five thousand pesos (P50, 000.00), or both, at the
discretion of the court.
(c) If the violator is a corporation, organization or any similar entity, the

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National Council on Disability Affairs


officials thereof directly involved shall be liable therefore.
(d) If the violator is an alien or a foreigner, he shall be deported
immediately after service of sentence without further deportation
proceedings.
PERSONS/INDIVIDUALS LIABLE FOR ANY VIOLATION OF THE
ACT
For Buildings/Establishment/Structure
1. Owner or Operator of the Building, Establishment or Structure
2. Contractor
3. Architect
4. Engineer
5. Building Official or Other Public Official in-charge with the
issuance of building permit, registration, certification and/or
inspection of the building, establishment or structure
For Air, Land and Sea Transportation
1. Owner/Operator of Public Transportation
2. Body builders
3. Safety Officers/Engineering/Managers
4. Drivers/Conductors/Conductresses
5. Public Official in-charge with the issuance of permits, registration,
certification and inspection of the public transportation
EFFECTIVITY
These Rules shall take effect thirty (30) days After the date of publication
in the Official Gazette
(SGD) JESUS B. GARCIA, JR.
Secretary
(SGD) GREGORIO R. VIGILAR
Secretary
Department of Public Works and Highways
In coordination with:
The NATIONAL COUNCIL FOR THE WELFARE OF DISABLED PERSONS
By:
(SGD) CORAZON ALMA G. DE LEON
Chairman
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2008
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