CHAPTER 2 Part 1

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The document discusses the administration and enforcement of building codes and regulations in the Philippines, including the roles and responsibilities of the Secretary of Public Works, Transportation and Communications and Building Officials.

The name is not provided in the given text.

ADMINISTRATION AND ENFORCEMENT

TECHNICAL ELECTIVE 2

NBCP / PD 1096
DRINK
YOUR
WATER
PLEASE
CHAPTER 2
ADMINISTRATION AND ENFORCEMENT
Responsibility for Administration and
Enforcement

201
The administration and enforcement of
the provisions of this Code including the
imposition of penalties for administrative
violations thereof is hereby vested in the
Secretary of Public Works, Transportation and
Communications hereinafter referred to as the
"Secretary”.
SECRETARY OF
PUBLIC WORKS,
TRANSPORTATION
AND
COMMUNICATIONS
Mandate
The Department of Transportation (DOTr) is the
primary policy, planning, programming,
coordinating, implementing and administrative

201 entity of the executive branch of the


government on the promotion, development
and regulation of a dependable and
coordinated network of transportation and
communications systems, as well as in the fast,
safe, efficient and reliable transportation and
communications services.
Mandate
The Department of Public Works and Highways
(DPWH) is one of the three departments of the

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government undertaking major infrastructure
projects. The DPWH is mandated to undertake
(a) the planning of infrastructure, such as
national roads and bridges, flood control,
water resources projects and other public
works, and (b) the design, construction, and
maintenance of national roads and bridges,
and major flood control systems.
SECRETARY OF
PUBLIC WORKS,
TRANSPORTATION
AND
COMMUNICATIONS
Technical Staff
The Secretary is hereby authorized to

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constitute and provide in his Department a
professional staff composed of highly
qualified architects, engineers and technicians
who possess diversified and professional
experience in the field of building design and
construction.
General Powers and Functions of the
Secretary under this Code
For purposes of carrying out the
provisions of this Code, the Secretary shall
exercise the following general powers and
functions:

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1. Formulate policies, plans, standards and
guidelines on building design, construction,
use, occupancy and maintenance, in
accordance with this Code.
2. Issue and promulgate rules and regulations
to implement the provisions of this Code
and ensure compliance with policies, plans,
standards and guidelines formulated under
paragraph 1 of this Section.
General Powers and Functions of the
Secretary under this Code
3. Evaluate, review, approve and/or take final
action on changes and/or - amendments to
existing Referral Codes as well as on the

203
incorporation of other referral codes which are
not yet expressly made part of this Code.

4. Prescribe and fix the amount of fees and


other charges that the Building Official shall
collect in connection with the performance of
regulatory functions.
Professional and Technical Assistance
The Secretary with the assistance of his
technical staff shall provide such professional,
technical, scientific and other services including
testing laboratories and facilities as may be required
to carry out the provisions of this Code; Provided

204
that the Secretary may secure such services as he
may deem necessary from other agencies of the
National Government and may make arrangement
for the compensation of such services. He may also
engage and compensate within appropriations
available therefor, the services of such number of
consultants, experts and advisers on full or part-time
basis, as may be necessary, coming from the
government or private businesses, entities or
associations to carry out the provisions of this Code.
Building Officials
Except as otherwise provided herein, the
Building Official shall be responsible for carrying out
the provisions of this Code in the field as well as the
enforcement of orders and decisions made pursuant

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thereto.
Due to the exigencies of the service, the
Secretary may designate incumbent Public Works
District Engineers, City Engineers and Municipal
Engineers to act as Building Officials in their
respective areas of jurisdiction.
The designation made by the Secretary under
this Section shall continue until regular positions of
Building Official are provided or unless sooner
terminated for causes provided by law or decree.
Qualifications of Building Officials
No person shall be appointed as a Building
Official unless he possesses the following
qualifications:

206 1. A Filipino citizen and of good moral character.


2. A duly registered architect or civil engineer.
3. A member of good standing of a duly accredited
organization of his profession for not less than two
years.
4. Has at least five years of diversified and
professional experience in building design and
construction.
Duties of a Building Official
In his respective territorial jurisdiction, the Building
Official shall be primarily responsible for the enforcement of
the provisions of this Code as well as of the implementing
rules and regulations issued therefor. He is the official
charged with the duties of issuing building permits.
In the performance of his duties, a Building Official

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may enter any building or its premises at all reasonable times
to inspect and determine compliance with the requirements of
this Code, and the terms and conditions provided for in the
building permit as issued.
When any building work is found to be contrary to the
provisions of this Code, the Building Official may order the
work stopped and prescribe the terms and/or conditions when
the work will be allowed to resume. Likewise, the Building
Official is authorized to order the discontinuance of the
occupancy or use of any building or structure or portion
thereof found to be occupied or used contrary.to the
provisions of this Code.
Fees
Every Building Official shall keep a
permanent record and accurate account of all
fees and other charges fixed and authorized by
the Secretary to be collected and received under

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this Code.
Subject to existing budgetary, accounting
and auditing rules and regulations, the
Building Official is hereby authorized to retain
not more than twenty percent of his collection
for the operating expenses of his office.
The remaining eighty percent shall be
deposited with the city or municipal treasurer
and shall accrue to the General Fund of the city
or municipality concerned.
Exemption
Public buildings and traditional
indigenous family dwellings shall be exempt

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from payment of building permit fees.
As used in this Code, the term
"traditional indigenous family dwelling“
means a dwelling intended for the use and
occupancy by the family of the owner only and
constructed of native materials such as
bamboo, nipa, logs, or lumber, the total cast of
which does not exceed fifteen thousand pesos.
DRINK
YOUR
WATER
B****
What is
the title of
Chapter 2?
The Building Official
is hereby authorized
to retain not more
than ________ of his
collection for the
operating expenses
of his office.
Name of Building
Official of Calapan
City.

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