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Accessibility Law (Batas Pambansa Bilang 344) and its Amended Implementing Rules and Regulations - Philippines

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.

Source: Economic and Social Commission for Asia and the Pacific

Foreword

Be it enacted by the Batasang Pambansa in session assembled

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 may be renovated or altered to enable the disabled persons to have access to them: Provided, however, That 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.

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 Communications, 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 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 building, 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.

QUERUBE C. MAKALINTAL
Speaker

This Act was passed by the Batasang Pambansa on December 7, 1982

ANTONIO M. DE GUZMAN
Secretary General

Approved: February 25, 1983

FERDINAND E. MARCOS
President of the Philippines

Implementing Rules and Regulations as Amended of Batas Pambansa Bilang 344 (Accessibility Law)

"An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions, Establishments, and Other Public Utilities To Install Facilities and Other Devices."

Jointly Promulgated by:

The Department of Public Works and Highways
Port Area, Manila
The Department of Transportation 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 Persons)
Diliman, Quezon City

Rule I - Scope and Application

  1. Purpose:
    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
  2. Definition of Terms:
    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.
  3. Scope:
    The provisions of these Rules and Regulations shall apply to the following:
    1. Public and private buildings and related structures for public use and which shall be constructed, repaired or renovated
    2. Streets and highways and public utilities
      1. Streets and highways
      2. Public transport vehicles which shall include:
        1. Passenger buses and jeepneys
        2. Passenger trains, including those of the Light Rail Transit Authority (LRTA)
        3. Domestic inter-island vessels
        4. Domestic aircraft of air carriers
      3. Public Telephones
      4. Public transport terminals including those of LRTA
  4. Application:
    1. Public and private buildings and related structures for public use. 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 following criteria:
      1. Building and related structures to be constructed -
        1. 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.
        2. Ten percent (10%) of the total number of units of government-owned 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 privately-owned living accommodations the number of accessible units shall be as provided in Section 3 of Rule III thereof.
        3. Ingress/egress from the street to the building or structure shall be made accessible.
        4. Accessible slots in parking areas shall be located as near as possible to ingress/egress spaces of the building or structure.
      2. Buildings and related structures to be repaired or renovated including those proposed for a change of occupancy If feasible, barrier-free facilities and accessibility features shall be provided in accordance with the requirements under Sub-section 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:
        1. When the repair or renovation work is to be done in the space where the primary function is served;
        2. 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;
        3. When the space alloted for the primary function will not be diminished by more than ten percent (10%) of its original area;
        4. When the capacity or strength of any major structural component, such as slabs, beams, girders, columns, bearing walls and footings of the building or structure will not be diminished;
        5. 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";
        6. 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 airconditioning 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.
      1. Streets, highways and transport related structures to be constructed -Streets, highways and transport related structures shall be provided 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 persons;
        1. Cut-out curbs and accessible ramps at the sidewalks.
        2. Audio-visual aids for crossing
          EXCEPTION: Requirements for accessibility at pedestrian grade separations or overpasses and underpasses may be waived.
      1. 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.
      2. Transport vehicles for public use
        1. 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
        2. Government instrumentalities operating passenger trains including the Light Rail Transit Authority shall have provided the number of seats for disabled persons
        3. Government instrumentalities operating passenger airplanes shall provide and designate the number of seats for disabled persons and shall likewise place the audio-visual aids
      3. 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. 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 one (1) public telephone is to be installed in a particular place the same shall be accessible to disabled persons.
      5. 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. 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. Impairments requiring confinement to wheelchairs; or
      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
      3. Total or partial impairments of hearing or sight causing insecurity or likelihood of exposure to danger in public places; or
      4. Impairments due to conditions of aging and incoordination;
      5. Mental impairments whether acquired or congenital in nature.
    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. The varying sizes and structures of persons of both sexes, their reaches and their lines of sight at both the standing and sitting positions.
      2. The dimensional data of the technical aids of disabled persons.
        Included in the second consideration are the dimensions of wheelchairs; the minimum space needed for locking and unlocking leg braces plus the range of 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 encourage and enable wheelchair users to make full use of their physical surroundings.
      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 anthropometric 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.
    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. 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 non-disabled citizens.
      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.
      3. USABILITY. The built environment shall be designed so that all persons, whether they be disabled or not, may use and enjoy it.
      4. ORIENTATION. Finding a person's way inside and outside of a building or open space shall be made easy for everyone.
      5. SAFETY. Designing for safety insures that people shall be able to move about with less hazards to life and health.
      6. WORKABILITY 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. Occupancy classified by categories enumerated in Section 701 of the National Building Code (PD 1096) are hereby adapted
      1. Category I - Residential -This shall comprise Group A and partly Group B Buildings
      2. Category II - Commercial and Industrial -This shall comprise partly Groups B, C, E, F, G, H, and I Buildings
      3. Category III - Educational and Industrial - This shall comprise partly Group C, D, E, and H Buildings
      4. Category IV - Agricultural - This shall comprise partly Group J Buildings.
      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.
    1. Architectural facilities and features:
      1. Stairs
      2. Walkways
      3. Corridors
      4. Doors and Entrances
      5. Washrooms and Toilets
      6. Lifts/Elevators
      7. Ramps
      8. Parking Areas
      9. Switches, Controls, Buzzers
      10. Handrails
      11. Thresholds
      12. Floor Finishes
      13. M Drinking Fountains
      14. N Public Telephones
      15. O Seating Accommodations
  3. CATEGORY I
    The following requirements shall only apply to government-owned buildings.
    1. Group A
      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.
      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. 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 L.
    2. Group B
      1. Multiple dwelling units or high-rise residential condominiums or tenement houses.
        One (1) unit from 26 up to 50 units to be constructed and an additional unit for every 100 units thereafter, with all such units at ingress level in case there is not barrier-free elevator provided.
        Barrier-free facilities and features required in: A, B, C, D, E, F, G, H, I, J, K, L, and M.
  4. CATEGORY II
    The following requirements shall apply to both government and privately-owned buildings.
    1. Group B
      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.
      2. Hotels, motels, inns, pension houses and/or apartels. One (1) unit per every 50 units up to 150 units and an 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.
      3. Private or "off campus" Dormitories: One (1) unit per every 50 units up to 150 units and an 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.
    2. Group C
      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.
      2. Massage and Sauna Parlors
        Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and M.
    3. Group E-1
      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.
      2. Bus depots 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.
      3. Transportation Office
        Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N and O.
      4. Airport terminal buildings, heliports
        Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N and O.
      5. Ports and harbor facilities, landing piers, sheds, ferry landing stations
        Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N and O.
    4. Group E-2
      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.
      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.
      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. Office Buildings
        Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
      5. Financial Institutions
        Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.
      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.
      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.
    5. Group H-1, Group H-4, and Group I
      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.
      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.
      3. Colisea and Sports Complexes and Stadiums
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
    6. Group F
      1. Dairies and Creameries
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
      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.
      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.
    7. Groups G-3
      1. Wood working establishments, lumber and timber yards.
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
      2. Pulp, paper and paper board factories
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
      3. Textile and fiber spinning mills
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
      4. Garment and undergarment factories
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
  5. CATEGORY III
    1. Group C
      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.
      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.
      3. Civil Centers
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
      4. Clubhouses lodges
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
    2. Group D-1
      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.
      2. Jails, prisons, reformatories, correctional institutions
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
      3. Rehabilitation Centers
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
      4. Leprosaria
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
    3. Group D-2
      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.
      2. Hospitals and Sanitaria
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
    4. Group D-3
      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.
      2. Orphanages
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.
    5. Group E-7
      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.
    6. Group H
      1. Churches, temples, chapels and similar places of worship
        Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, M, and O.
  6. CATEGORY IV
    1. Agricultural buildings
      Barrier-free facilities and features required in: A, B, C, D, G, H, I, J, K, and L.
  7. STANDARD OF ACCESSIBILITY FOR SPECIAL TYPE OF FACILITIES
    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.
      1. Auditoriums, assembly halls, theaters, and related facilities:
        1. Seating for the disabled shall be accessible from the main lobby to primary entrances, together with related toilet facilities.
        2. 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
          51 - 300 4
          301 - 500 6
        3. When the seating capacity exceeds 500 an additional wheelchair seating space shall be provided for each total seating capacity increase of 100 seats
        4. 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
    1. Graphic signs shall be bold and conspicuously installed in every access from point of entry to connecting destination.
    2. Walkways shall be provided with adequate passageway in accordance with the provision.
    3. Width of corridors and circulation system integrating both and vertical access to ingress/egress level of the building shall be provided.
    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 to floor or to any point of destination.
    5. Washroom and toilets shall be accessible and provided with adequate turning space.
    6. Whenever elevator/s is required it should meet the requirements provided.
    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.
    8. Parking areas shall be provided with sufficient space for the disabled persons to allow easy transfer from carpark to ingress/egress levels.
    9. Height above the floor of switches and controls shall be in accordance with the provisions.
    10. Handrails shall be provided at both sides of ramps.
    11. Floors provided for every route of the wheelchair shall be made of non-skid material.
    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 follows:
    1. Land Transportation - This shall refer to buses having a minimum seating capacity of 50 persons for regular buses and 40 persons for air-conditioned buses. This shall include regular city buses, regular provincial buses, air-conditioned city buses (Love Bus and Pag-ibig Bus) and air-conditioned tourist and provincial buses.
    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.
    3. Water Transportation - This shall refer to domestic passenger ships, ferry boats and other water transportation vessels.
    4. Air Transportation - This shall refer to the domestic passenger airplanes.
  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.
    1. Regular buses shall have at least five (5) designated seats for disabled persons near exit/entrance doors
    2. First class, premiere and air-conditioned buses shall have at least four (4) designated seats for disabled persons near the door
    3. Passenger trains shall have at least six (6) designated seats per car for disabled persons nearest to the door
    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
    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. 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
    7. Jeepneys shall have at least two (2) seats, preferably the front seats as designated seats for disabled persons
    8. For jeepneys, other passengers may 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
    9. In domestic shipping, each vessel shall:
      1. 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.
      2. 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 ship's departure; and shall be allocated a maximum of one (1) hour for disembarkation after the ship's 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, passageways, 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 accordance with the functions and jurisdiction of their respective Departments as provided for by laws as follows.
    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 to the following:
      1. Buildings and related structures including public transport terminals
      2. Streets and Highways
    2. The Secretary of Transportation and Communications 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. 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.
      2. Land Transportation Office - In respect to the registration of buses and jeepneys and enforcement of regulations related to land transport
      3. Philippine National Railways and the Light Rail Transit Authority For the operation of passenger trains and including stations and terminals
      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 railway, marine repair shops, shipping and freight forwarding agencies and similar enterprises; issuance of license to all water transport vessels.
      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.
      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 air freight forwarders, and issuance of certificates/licenses to aircrafts.
      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.
    3. 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 (5,000.00) but not more than Fifty thousand pesos (P50,000.00), or both, at the discretion of the court.
    4. If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefor.
    5. 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/Engineers/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.

Promulgated by:

(SGD.) JESUS B. GARCIA, JR.
Secretary
Department of Transportation and Communications

(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

Appendix A - Minimum Requirements for Accessibility

  1. OUTSIDE AND AROUND BUILDINGS
    1. DROPPED CURBS
      1. Changes in level walkways should be by a dropped curb.
      2. Dropped curbs should be provided at pedestrian crossings and at the end of walkways of a private street or access road.
      3. Dropped curbs at crossings have a width corresponding to the width of the crossing; otherwise, the minimum width is 0.90 m.
      4. Dropped curbs shall be ramped towards adjoining curbs with a gradient not more than 1:12.
      5. Dropped curbs shall be sloped towards the road with a maximum cross gradient of 1:20 to prevent water from collecting at the walkway.
      6. The lowest point of a dropped curb should not exceed 25 mm from the road or gutter.
    2. CURB CUT-OUTS
      1. Curb cut-outs should only be allowed when it will not obstruct a walkway or in any way lessen the width of a walkway.
      2. The minimum width of a curb cut-out should be 0.90 M.
      3. Curb cut-outs should have a gradient not more than 1:12.
    3. WALKWAYS AND PASSAGEWAYS
      1. Walkways should be kept as level as possible and provided with slip-resistant material.
      2. Whenever and wherever possible, walkways should have a gradient no more than 1:20 or 5%.
      3. Walkways should have a maximum cross gradient of 1:100.
      4. Walkways should have a minimum width of 1.20 meters.
      5. If possible, gratings should never be located along walkways. When occurring along walkways, grating openings should have a maximum dimension of 13 mm x 13 mm and shall not project more than 6.5 mm above the level of the walkway.
      6. Walkways should have a continuing surface without abrupt pitches in angle or interruptions by cracks or breaks creating edges above 6.50 mm.
      7. In lengthy or busy walkways, spaces should be provided at some point along the route so that a wheelchair may pass another or turn around. These spaces should have a minimum dimension of 1.50 m and should be spaced at a maximum distance of 12:00 m between stops.
      8. To guide the blind, walkways should as much as possible follow straightforward routes with right angle turns.
      9. Where planting is provided adjacent to the walkway, regular maintenance is essential to ensure branches of trees or shrubs do not overhang walkways or paths, as not only do these present a particular danger to the blind, but they also reduce the effective footways width available to pedestrians generally.
      10. Walkway headroom should not be less than 2.0 m and preferably higher.
      11. Passageways for the disabled should not be obstructed by street furniture, bollards, sign posts or columns along the defined route, as they can be hazardous.
    4. HANDRAILS
      1. Handrails should be installed at both sides of ramps and stairs and at the outer edges of dropped curbs. Handrails at dropped curbs should not be installed beyond the width of any crossing so as not to obstruct pedestrian flow.
      2. Handrails shall be installed at 0.90 m and 0.70 m above steps or ramps. Handrails for protection at great heights may be installed at 1.0 m to 1.06 m.
      3. A 0.30 m long extension of the handrail should be provided at the start and end of ramps and stairs.
      4. Handrails that require full grip should have a dimension of 30 mm to 50 mm.
      5. Handrails attached to walls should have a clearance no less than 50 mm from the wall. Handrails on ledges should have a clearance not less than 40 mm.
    5. OPEN SPACES
      1. Where open spaces are provided, the blind can become particularly disoriented. Therefore, it is extremely helpful if any walkway or paths can be given defined edges either by the use of planters with dwarf walls, or a grass verge, or similar, which provides a texture different from the path.
    6. SIGNAGES
      1. Directional and informational sign should be located at points conveniently seen even by a person on a wheelchair and those with visual impairments;
      2. Signs should be kept simple and easy to understand; signages should be made of contrasting colors and contrasting gray matter to make detection and reading easy;
      3. The international symbol for access should be used to designate routes and facilities that are accessible;
      4. Should a sign protrude into a walkway or route, a minimum headroom of 2.0 meters should be provided;
      5. Signs on walls and doors should be located at a maximum height of 1.60 M. and a minimum height of 1.40 meters. For signage on washroom doors, see C. Section 8.6.
      6. Signages labeling public rooms and places should have raised symbols, letters or numbers with minimum height of 1 mm; braille symbols should be included in signs indicating public places and safety routes;
    7. CROSSINGS
      1. In order to reduce the exposure time to vehicular traffic, all at grade crossing should
        1. Be as near perpendicular to the carriageway as possible.
        2. Be located at the narrowest, most convenient part of the carriageway.
        3. Have central refuges of at least 1.5 m in depth and preferably 2 m, provided as a midcrossing shelter, where the width of carriageway to be crossed exceeds 10 m.
      2. All crossings should be located close if not contiguous with the normal pedestrian desire line.
      3. Provide tactile blocks in the immediate vicinity of crossings as an aid to the blind. The tactile surface has to be sufficiently high enough to be felt through the sole of the shoe but low enough not to cause pedestrian to trip, or to effect the mobility of wheelchair users. See details of recommended pairing slabs below.
        Note: Tactile strips formed from brushed or grooved concrete finishes have not been proven successful as they do not provide sufficient distinction from the normal footway surface and therefore should not be used.
      4. The most beneficial form of crossing as far as any disabled are concerned is the light controlled crossing having pedestrian phases and synchronized audible signals and should, wherever possible, be provided in preference to other types of crossings as determined by the duly authorized agency.
      5. The audible signal used for crossings should be easily distinguishable from other sounds in the environment to prevent confusion to the blind. A prolonged sound should be audible to warn the blind that the lights are about to change. (Design of such a system shall be developed by the Traffic Engineering Center.)
      6. The flashing green period required for the disabled should be determined on the basis of a walking speed of 0.90 m/sec. rather than 1.20 m/sec. which is what is normally used. The minimum period for the steady green (for pedestrians) should not be less than 6 seconds or the crossing distance times 0.90 m/sec., whichever is the greatest.
  2. PARKING
    1. PARKING AREAS
      1. Parking spaces for the disabled should allow enough space for a person to transfer to a wheelchair from a vehicle;
      2. Accessible parking spaces should be located as close as possible to building entrances or to accessible entrances;
      3. Whenever and wherever possible, accessible parking spaces should be perpendicular or to an angle to the road or circulation aisles;
      4. Accessible parking slots should have a minimum width of 3.70 m.;
      5. A walkway from accessible spaces of 1.20 m. clear width shall be provided between the front ends of parked cars;
      6. Provide dropped curbs or curb cut-outs to the parking level where access walkways are raised;
      7. Pavement markings, signs or other means shall be provided to delineate parking spaces for the handicapped;
      8. Parking spaces for the disabled should never be located at ramped or sloping areas;
  3. INSIDE BUILDINGS AND STRUCTURES
    1. ENTRANCES
      1. Entrances should be accessible from arrival and departure points to the interior lobby;
      2. One (1) entrance level should be provided where elevators are accessible;
      3. In case entrances are not on the same level of the site arrival grade, ramps should be provided as access to the entrance level;
      4. Entrances with vestibules shall be provided a level area with at least a 1.80 m. depth and a 1.50 m. width;
    2. RAMPS
      1. Changes in level require a ramp except when served by a dropped curb, an elevator or other mechanical device;
      2. Ramps shall have a minimum clear width of 1.20 m;
      3. The maximum gradient shall be 1:12;
      4. The length of a ramp should not exceed 6:00 m. if the gradient is 1:12; longer ramps whose gradient is 1:12 shall be provided with landings not less than 1.50 m.;
      5. A level area not less than 1.80 m. should be provided at the top and bottom of any ramp;
      6. Handrails will be provided on both sides of the ramp at 0.70 m. and 0.90 m. from the ramp level;
      7. Ramps shall be equipped with curbs on both sides with a minimum height of 0.10 m.;
      8. Any ramp with a rise greater than 0.20 m. and leads down towards an area where vehicular traffic is possible, should have a railing across the full width of its lower end, not less than 1.80 meters from the foot of the ramp;
    3. DOORS
      1. All doors shall have a minimum clear width of 0.80 m;
      2. Clear openings shall be measured between the surface of the fully open door at the hinge and the door jamb at the stop;
      3. Doors should be operable by a pressure or force not more than 4.0 kg; the closing device pressure an interior door shall not exceed 1 kg.;
      4. A minimum clear level space of 1.50 m x 1.50 m shall be provided before and extending beyond a door;
        EXCEPTION: where a door shall open onto but not into a corridor, the required clear, level space on the corridor side of the door may be a minimum of 1.20 m. corridor width;
      5. Protection should be provided from doors that swing into corridors;
      6. Outswinging doors should be provided at storage rooms, closets and accessible restroom stalls;
      7. Latching or non-latching hardware should not require wrist action or fine finger manipulation;
      8. Doorknobs and other hardware should be located between 0.82 m. and 1.06 m. above the floor; 0.90 is preferred;
      9. Vertical pull handles, centered at 1.06 m. above the floor, are preferred to horizontal pull bars for swing doors or doors with locking devices;
      10. Doors along major circulation routes should be provided with kick plates made of durable materials at a height of 0.30 m. to 0.40 m;
    4. THRESHOLDS
      1. Thresholds shall be kept to a minimum; whenever necessary, thresholds and sliding door tracks shall have a maximum height of 25 mm and preferably ramped;
    5. SWITCHES
      1. Manual switches shall be positioned within 1.20 m to 1.30 m above the floor;
      2. Manual switches should be located no further than 0.20 from the latch side of the door;
    6. SIGNAGES
      (See "SIGNAGES" under OUTSIDE & AROUND BUILDINGS.)
    7. CORRIDORS
      1. Corridors shall have minimum clear width of 1.20 m.; waiting areas and other facilities or spaces shall not obstruct the minimum clearance requirement;
      2. Recesses or turnabout spaces should be provided for wheelchairs to turn around or to enable another wheelchair to pass; these spaces shall have a minimum area of 1.50 m x 1.50 m. and shall be spaced at a maximum of 12.00 m.;
      3. Turnabout spaces should also be provided at or within 3.50 m. of every dead end;
      4. As in walkways, corridors should be maintained level and provided with a slipresistant surface;
    8. WASHROOMS & TOILETS
      1. Accessible public washrooms and toilets shall permit easy passage of a wheelchair and allow the occupant to enter a stall, close the door and transfer to the water closet from either a frontal or lateral position;
      2. Accessible water closet stalls shall have a minimum area of 1.70 x 1.80 mts. One movable grab bar and one fixed to the adjacent wall shall be installed at the accessible water closet stall for lateral mounting; fixed grab bars on both sides of the wall shall be installed for stalls for frontal mounting;
      3. A turning space of 2.25 sq.m. with a minimum dimension of 1.50 m. for wheelchair shall be provided for water closet stalls for lateral mounting;
      4. All accessible public toilets shall have accessories such as mirrors, paper dispensers, towel racks and fittings such as faucets mounted at heights reachable by a person in a wheelchair;
      5. The minimum number of accessible water closets on each floor level or on that part of a floor level accessible to the disabled shall be one (1) where the total number of water closets per set on that level is 20; and two (2) where the number of water closets exceed 20;
      6. In order to aid visually impaired persons to readily determine whether a washroom is for men or for women, the signage for men's washroom door shall be an equilateral triangle with a vertex pointing upward, and those for women shall be a circle; the edges of the triangle should be 0.30 m long as should be the diameter of the circle; these signages should at least be 7.5 mm thick; the color and gray value of the doors; the words "men" and "women" or the appropriate stick figures should still appear on the washroom doors for the convenience of the fully sighted;
        Note: the totally blind could touch the edge of the signs and easily determine whether it is straight or curved;
      7. The maximum height of water closets should be 0.45 m.; flush control should have a maximum height of 1.20 mts.
      8. Maximum height of lavatories should be 0.80 m. with a knee recess of 0.60 - 0.70 M. vertical clearance and a 0.50 m. depth.
      9. Urinals should have an elongated lip or through type; the maximum height of the lip should be 0.48 m.
    9. STAIRS
      1. Tread surfaces should be a slip-resistant material; nosings may be provided with slip-resistant strips to further minimize slipping:
      2. Slanted nosings are preferred to projecting nosings so as not to pose difficulty for people using crutches or braces whose feet have a tendency to get caught in the recessed space or projecting nosings. For the same reason, open stringers should be avoided.
      3. The leading edge of each step on both runner and riser should be marked with a paint or non-skid material that has a color and gray value which is in high contrast to the gray value of the rest of the stairs; markings of this sort would be helpful to the visually impaired as well as to the fully sighted person;
      4. A tactile strip 0.30 m. wide shall be installed before hazardous areas such as sudden changes in floor levels and at the top and bottom of stairs; special care must be taken to ensure the proper mounting or adhesion of tactile strips so as not to cause accidents;
    10. ELEVATORS
      1. Accessible elevators should be located not more than 30.00 m. from the entrance and should be easy to locate with the aid of signs;
      2. Accessible elevators shall have a minimum dimension of 1.10 m. x 1.40 m.;
      3. Control panels and emergency system of accessible elevators shall be within reach of a seated person; centerline heights for the topmost buttons shall be between 0.90 m to 1.20 m from the floor;
      4. Button controls shall be provided with braille signs to indicate floor level; at each floor, at the door frames of elevator doors, braille-type signs shall be placed so that blind persons can be able to discern what floor the elevator car has stopped and from what level they are embarking from; for installation heights, see Section 6.6, Signages;
      5. Button sizes at elevator control panels shall have a minimum diameter of 20 mm and should have a maximum depression depth of 1 mm;
  4. SAFETY
    1. FENCING FOR ROADWORKS AND FOOTWORKS
      All excavations, whether on the road or footway must be adequately protected, i.e. fenced. Whatever the type of fencing used, it is important the railings should incorporate the following features.
      1. The height of the top of the rail should be at least 1.00 M. above the adjacent surface.
      2. The railing should incorporate a tapping rail to assist the blind, and this should not be greater than 0.35 M. above adjacent surface.
      3. The fence should be strong enough to offer resistance should a blind person walk into it.
      4. Gaps should not occur between adjoining fence lengths.
    2. COVERS FOR EXCAVATIONS
      1. Excavations in the footway or carriageway where pedestrians may walk are covered over temporarily with properly constructed and supported boards to provide a temporary path for pedestrians.
      2. If the footway width will be reduced to less than 1.20 because of the excavation, the temporary covering should extend across the whole of the footway.
      3. Minimum dimensions at obstructions
        1. Effective width of footways past any obstruction should not be less than 1.20 M.
        2. If unavoidable, loose materials temporarily stored on footways must be properly fenced and prevented from encroaching onto the main footway by the use of a kickboard at least 0.20 M. high which will also serve as a tapping board for the blind.
    3. SIGNAGE FOR ROADWORKS ON THE CARRIAGEWAY
      1. Temporary signs used to warn of roadworks should be carefully located and should not cause any inconveniences to pedestrians, particularly the disabled.
        1. Signs should be located on verges or similar whenever these are available.
        2. Signs should not reduce the available footway width to less than 1.20 M.
    4. LOCATION OF EMERGENCY EXIT
      1. Wall mounted or free standing tablets with an embossed plan configuration of the building which also shows the location of the lobby, washrooms and emergency exits of the building (indicated by different textures with corresponding meanings) should be provided either in front of the building or at the main lobby. The markings of this tablet should be readable by both the fully sighted and the blind persons.
      2. Flashing light directional signs indicating the location(s) of fire exit shall be provided at every change in direction with sufficient power provided in accordance with the provisions for emergency lighting under Section 3.410 of P.D. NO. 1185 (The Fire Code of the Philippines).
    5. AUDIBLE AND VISIBLE ALARM SYSTEM
      1. Audio-visual alarm systems shall be provided in all fire sections, as defined under P.D. NO. 1185 otherwise known as The Fire Code of the Philippines, of buildings in accordance with the guidelines provided under Section 3.503 of the same.
      2. For buildings of residential occupancies, i.e. Groups A and B, as defined under Section 701, of Chapter 7 of P.D. NO. 1096 otherwise known as the "The National Building Code of the Philippines", the provision of "VIBRA-ALARMS" for all occupants who are either deaf or hearing-impaired shall be compulsory.

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