BP344
BP344
Batasang Pambansa
Fifth Regular Session
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.
SEC. 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.
SEC. 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 buildings, space or utilities shall be criminally responsible for
any violation of this Act and/or rules and regulations promulgated pursuant thereto.
SEC. 5. All laws, executive and administrative orders, rules and regulations
inconsistent with the foregoing provisions are hereby repealed or amended accordingly.
Approved.
In coordination with:
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:
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
3.3 Public transport terminals including those of LRTA
4. Application:
4.1 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 followings criteria:
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
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.
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 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:
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;
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 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
grade separations or overpasses and underpasses may be waived.
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.
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.
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 non-
disabled 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 person’s 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.
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 required in A, B, C, D, E, F, G,
H, I, J, K, 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
Barrier-free 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.
4 – 50 2
51 – 300 4
301 – 500 6
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 ship’s departure; and shall be allocated a maximum of
one (1) hour for disembarkation after the ship’s arrival.
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.
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
For Buildings/Establishment/Structure
EFFECTIVITY
PROMULGATED BY:
In coordination with: