BATAS PAMBANSA

BLG. 344
Accessibility Law
BORJA, ANDREA NICOLE T.
ARCHI 3- B
Rule 1: Scope and Application

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.”
Scope- The provisions of these Rules and
Regulations shall apply to the following:

 Public and private buildings and related structures for public use
and which shall be constructed repaired or renovated.
 Streets and highways and public utilities
 Public transport vehicles
 Public Telephones
 Public transport terminals including those of LRTA
Application
 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:
 The office of the building officials (OBO) of municipalities and cities shouldn’t
approve, issue or release such clearances for construction, building permit, notice to
proceed construction if the plans submitted to them didn’t comply with minimum
requirements and standard, barrier-free, and accessibility features of Batas Pambansa
Blg 344.
Application
 Building and related structures to be constructed.
 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.
 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.
Application
 Parking Area and
Slots
 Strategically locate
parking areas near
from and to building
entrance and exits.
Application
 Renovated Structure
◦ Any function areas of new designs/plans of structure to be reconstruct, should
be barrier free.
◦ Access to elevator (accessible at any other level) should have a clearance
minimum of 800mm.
 Exception
◦ Emergency areas are not subject to barrier free access. E.g. hallways provided
fire hose cabinets and fire extinguishers. Providing signage for directing
access should meet the standards of this code.
Application
 Streets
Cut out curbs and ramps, should be
constructed using non-skid floor materials
to aid the sight impaired and persons using
wheelchairs;
Audio-visual street signs and aids for
pedestrian crossing;
Overpasses and underpasses maybe
waived.
For existing streets and highways that
have to be repaired and renovated, part
or the entire pedestrian crossing should
be included.
Application
 Telephone Booths Accessible for
Disabled Persons

•  Provide one (1) telephone booth

on particular place and shall be
accessible to disabled person.

 Special Standards of Accessibility

•  Methods and materials are subject

for approval of the National Council
for the Welfare of Disabled Person.
Rule II – Minimum Requirement
for Accessibility
 Design Criteria
◦  CATEGORIES OF DISABLED PERSONS – it dictates 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:
◦  Impairments requiring confinement to wheelchairs;
◦  Impairments 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;
◦  Total or partial impairments of hearing or sight
◦  Impairments due to conditions of aging and in coordination;
◦  Mental impairments
ANTHROPOMETRICS AND DIMENSIONAL
DATA AS GUIDES FOR DESIGN.
 The minimum and maximum dimensions for spaces in the built environment should
consider the following criteria:
◦  The varying sizes and statures of persons of sexes, their reaches and their lines of
sight at both the standing and sitting positions.
◦  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.
ANTHROPOMETRICS AND DIMENSIONAL
DATA AS GUIDES FOR DESIGN.
 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: 1.10 m to 1.30 m .
◦  The width: 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.
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:
◦  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.
◦  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.
BASIC PHYSICAL PLANNING
REQUIREMENTS
◦  USABILITY. The built environment shall be designed so that all persons,
whether they are disabled or not, may use and enjoy it.
◦  ORIENTATION. Finding a person’s way inside and outside of a building or
open space shall be made easy for everyone.
◦  SAFETY. Designing for safety insures that people shall be able to move
about with fewer hazards to life and health.
◦  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

 CLASSIFICATION OF BUILDING BY USE OF OCCUPANCY:

◦  Occupancy classified by categories enumerated in Section 710 of the
National Building Code (PD 1096) are hereby adapted
◦  Category I “Residential”
◦  Category II Commercial and Industrial
◦  Category III “Educational and Industrial”
◦  Category IV “Agriculture”
◦  Category V “Ancillary”
 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.
◦  Architectural facilities and features:
◦  A – Stairs
◦  B – Walkways
◦  C – Corridors
◦  D – Doors and Entrance
◦  E – Washrooms and Toilets ◦  K – Thresholds
◦  F – Lifts/Elevator ◦  L – Floor Finishes
◦  G – Ramps ◦  M – Drinking Fountains
◦  H – Parking Areas ◦  N – Public Telephones
◦  I – Switches, Controls, ◦  O – Seating Accommodations
Buzzers
◦  J – Handrails
STANDARD OF ACCESSIBILITY FOR
SPECIAL TYPE OF FACILITIES
 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.

 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.
◦ 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.
 WHEELCHAIR
SEATING CAPACITY
SEATING SPACE
4-50 2
51-300 4
301-500 6
APPLICATION OF BARRIER-FREE
FACILITIES AND FEATURES
 Graphic signs shall be bold and conspicuously installed in every access from point of entry to
connecting destination.

 Walkways shall be provided with adequate passageway in accordance with provision.

 Width of corridors and circulation system integrating both and vertical access to ingress/egress
level of the building shall be provided.

 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.

 Washroom and toilets shall be accessible and provided with adequate turning space.

 Whenever elevator/s is required it should meet the requirements provide.

 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.

 Parking areas shall be provided with sufficient space for the disabled persons to allow easy
transfer from car park to ingress/egress levels.

 Height above the floor or switches and controls shall be in accordance with the provisions.

 Handrails shall be provided at both sides of ramps.

 Floors provided for every route of the wheelchair shall be made of nonskid material.

 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
 Classification of public conveyances by mode of transport shall be as follow:
◦  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 by city buses (Love Bus and Pag-ibig
Bus) and air conditioned tourist and provincial buses.
◦  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.
◦  Water Transportation – This shall refer to domestic passenger ships, ferryboats and other
water transportation vessels.
◦  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.
Public transportation shall have
designated seats for disabled persons.
 Regular buses shall have at least five (5) designated seats for disabled persons near
exit/entrance doors.

 First class, premiere and air-conditioned buses shall have at least four (4) designated seats for
disabled persons near the door.

 Passenger trains shall have at least six (6) designated seats per car for disabled persons nearest
to the door.

 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.

 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.
 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.
 Jeepneys shall have at least two (2) seats; preferably the front seats as designated seats
for disabled persons.
 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
 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.
 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, and access to gangways, galleys, safety equipment and
bunks/berths/cabins with dimensions conforming to the requirements.
RULE V ADMINISTRATION AND
ENFORCEMENT
 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.
 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:
 Buildings and related structures including public transport terminals
 Streets and Highways
 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:
◦  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.
◦  Land Transportation Office – In respect to the registration of buses and
jeepneys and enforcement of regulations related to land transport.
◦  Philippine National Railways and the Light Rail Transit Authority – For
the operation of passenger trains and including stations and terminals.
◦  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.
• 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.
• 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.
• 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.
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 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

 Owner or Operator of the Building,

 Establishment or Structure Contractor

 Architect

 Engineer

 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
PERSONS/INDIVIDUALS LIABLE
FOR ANY VIOLATION OF THE ACT
 For Air, Land and Sea Transportation
 Owner/Operator of Public Transportation
 Body builders
 Safety Officers/Engineering/Managers Drivers/Conductors/Conductresses
 Public Official in-charge with the issuance of permits, registration,
certification and inspection of the public transportation
REFERENCE:
https://
www.lawphil.net/statutes/bataspam/bp1983/bp_344_1
983.html