Implementing Rules and Regulations of Chapter 19 of the Code on Sanitation of the Philippines on Nuisances and Offensive Trades and Occupations

® DEPARTMENT OF HEALTH ENVIRON MENTAL HEALTH SERVICE Manila, Philippines 1998 IMPLEMENTING ROLES AND REGULATIONS OF CHAPT·ER XIX '''NIJISAN·@IES i\f.ltD/ :.i1jiimt:. ;,;.,';t, , i l .. ;;':;{ , ,~ ·. .. ' ,~:"lî:.;l\1;iéir"' . 'if . ;, •. · ;,. : , r,: •. •,:,: : ;:;·: : ; · -· iL . . '. ;;~,f-~ ;,-,,:' ·' •it !}? "' .... ~/} -:.-:.: /,.' :~: ,, ·. :{-~ ~;' : .T •• > , ..... , •' .,;,f•,. 0 > O •, • • O O •• •• • ••,• •• • • ,, • '•• • O .. IMPLEMENTING RULES AND REGULATIONS OF CHAPTER XIX "NUISANCES AND OFFENSIVE TRADES AND OCCUPATIONS" OF THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 856) Section 1· Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 Section 17 TABLE OF CONTENTS Scope ...................................................................................... 1 Definition of Tenns ................................................................ 2 Sanitary Permit ....................................................................... 5 Requirements for Personnel ................................................... 6 Sanitary Facilities Requirements ............................................ 8 Prescribed Requirements for Construction .......................... 10 Safety Requirements ............................................................ 13 Provisions for Specific Types of Nuisance ........................... 18 Requirements for Establishments Engaged in Offensive Trades and Occupations ........................ : .......... 27 Inspection and Evaluation .................................................... 27 Responsibility of the Operator ............................................. 31 Responsibility of the Local Health Officer .......................... 32 Responsibility of the Local Health Authority ...................... 32 Penal Provision ..................................................................... 33 Separability Clause ............................................................... 33 Repealing Clause .................................................................. 33 Effectivity ............................................................................. 33 Republic of lhc Phi lippine:s Department of Health OFFICE OF THE SECRETARY San Lazaro Compound, Rizal Avenue, Sta. Cruz Manila, Philippines Tel. No. 7119502 Fax No. 7431829 1898- 1998 ]Ô(f 30 April 1998 IMPLEMENTING RULES AND REGULATIONS OF CHAPTER XIX · "NUISANCES AND OFFENSIVE TRADES AND OCCUPATIONS" OF THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 8S6) To carry out the provisions of Chapter XIX - "Nuisances and Offensive Trades and Occupations" of the Code on Sanitation of th e Philippines (P. p, 856), these rules and regulations are hereby formulated for implementation and strict compliance of ail concemed. SECTION 1. SCOPE These implementing rules and regulations shall cover ail ~stablishments or entities and public or private premises: · 1.1 Ali those that are likely to produce nuisances such as, but not limited to, the following: 1.1.1 Public or private premises maintained and used in a manner injurious to health; 1.1.2 Breeding places and harborage of vermin; 1.1.3 Animais and their carcasses which are injurious to health; 1.1.4 Accumulation of refuse; 1. 1.5 Noxious matter or wastewater discharged improperly in streets; 1.1.6 Animal stockade maintained in a manner injurious to health; 1.1. 7 Excessive noise; and 1.1.8 Illegai shanties in public or private properties. ., limited to, the following: 1.2.1 Soap boiling; l.2.2 Outs cleaning; 1.2.3 Boiling of offal, bone, fat or lard (Permissible if process is performed in a public slaughterhouse under prescribed regulations); 1.2.4 Manufacturing of glue or fertilizer; 1.2.5 Skin curing; 1.2.6 Scrap processing; 1.2.7 Manure storing; 1.2.8 Lime buming; 1.2.9 Lye making; and I .2.1 O Any manufacturing process in which lead, arsenic, mercury, phosp~orou~, or other poisonous substances is used (The use of such chem1cals 1s permissible in the practice ofphannacy and in printil,g where ready-made lead types are used). SECTION 2. DEFINITION OFTERMS As used in these rules and regulations, the following tenns shall mean: 2.1 2.2 2.3 2.4 2.5 ABATTOIR OR SLAUGHTERHOUSE - the establishment or premises used in the s!aughter of food animais for human consumption. ANIMAL STOCKADE - any land, building or structure used for the keeping, stabling, feeding, watering, grooming, shoeing, treatmcnt of an animal, or any other veterinary purpose. CONSTRUCTION SITE - any prcmiscs that arc being uscd in conncction with the erection, dernolition or renovation of a structure. DEPARTMENT - the Department of Health. DOMESTIC ANIMAL- any animal, such as horse, cattle, swine, fowl, etc., which has been suppressed by man to live and breed in a tamed condition. 2 2.7 t,:'llAliLl:'iH1\U,.'\1 - a culkc11vc term constrncd to mcludc ail firms, institutions, entities, including its premises, facilities, equipment, machinery, which are engaged in production, handling, storing, transporting, selling, distributing, using, processing, and disposing any product or substance considered as a nuisance, or which are engaged in offensive trades and occupation. GUTS CLEANING - cleansing, washing or scouring of bowels or entrails of fishes, poultry, mammals and other animais. 2.8 HEALTH CERTIFICATE ~ a certification in writing using the prescribed form 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 issued by the local health officer to a person after passing the required physical and medical examinations and immunizations. LIME BURNING - the process of burning !imestone or shells. LIVESTOCK - domestic animals used on a farm, especially those kept as food animais. LOCAL HEALTH AUTHORITY - an official or employee responsible for the application of a prescribed health measure in a local political subdivision. For a province, the local health authority is the governor and for a city or municipality, the local health authority is the mayor. LOCAL HEALTH OFFICER - the provincial, city or municipal health officer. LYE - any strong alkaline solution used for cleansing purposes. LYE MAKING - the process of producing lye from strong alkaline liquor that chiefly contains potassium carbonate. MANURE - refuse from stables and bamyards, consisting of animal excreta with or without litter. MANURE STORING - stockpiling or deposition of manure. NOISE - means an erratic, intermittent, or statistically random oscilla,ion, or any unwanted sound. NOXIOUS - anything offensive to the human senses and/or tends to cause injury. NUISANCE - anything that injures health, endangers life, offends the senses or produces discomfort to a person or group of persons. OBJECTION ABLE ODOR - any odor present in the outdoor atmosphere which, by itself or in combination with other odors, is or may be hannful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life and property, or which creates a nuisance. 3 2.22 2.23 2.24 2.25 2.26 OFFENSIVE TRADES OR OCCUPATION · any trade or occupation that has the potential to cause damage to life and property, injury, pain, unpleasant or nauseating sensation or produces uneasiness and unbearable conditions to a person or group of persons. OPERATOR -a person or group of persons who owns, leases, opera tes, manages, supervises, controls an establishment, its premises and facilities. PIGG ERY - refers to any parce! ofland, building or other structure used for keeping, raising or brccding, depasturing, feeding or watering of swine. POULTRY - refers to domesticated fowls, which serve as sources of eggs and meat for human consumption or any other purpose. lt includes any species of fowl such as chicken, duck, goose, turkey, quai!, pigeon or guinea fowl. PREMISE - indudes any land, building or other structure or part 1hereof. 2.27., SANITARY ENGINEER - a person duly registered with the Board of Examiners for Sanitary Engineers (R.A. 1364) who heads or works in the sanitation division/ section/unit of the local health office or employed with the Department of Health or its regional health offices. 2.28 SANITARY PERMIT • the cenification in writing by the local health officer or in his absence by the chief of the sanitation division/section/unit attesting that the establishment complies with the existing sanitation requirements upon evaluation or inspection conducted in accordance with Presidenîial Decrees Nos. 522, 856 and local ordinances. 2.29 2.30 2.31 2.32 SANITATION INSPECTOR · an officer employed by the national, provincial, city or municipal govemment, who enforces sanitary rules, laws and regulations and implements environmental sanitation activities under the supervision of lhc local health officer/sanitary engineer. SCRAP PROCESSING - recovering, preparing, treating, disinfecting, or other means of processing of discarded materials such as scrap rnetals, leftovcr food from slaughterhouses or food establishments, or any reusable sol id or liquid. SECRETARY - the Secretary of Health. $KIN CURING/TANNING - an art or process by which a skin of an animal is exposed to the sun. 4 2.34 2.35 2.36 2.37 ,..,U,\r DV1l..,l."'i\..1 ~ l11L. lH'l)., 1. .~,:,, u1 LH.,1u11,0~ i...J1...du:,n1~ u1 l'.JUUJ.~H) 111,::- t.tll .J;.!;:,\.11~ 11a1\ is made usually by the action of alkali on fats, fat acids and oil in boiling or cold process, consisting essentially of a mixture of water-soluble sodium or potassium salts of fat acids, and may contain other ingredients such as sodium carbonate or other builders, perfume, coloring agents, fluorescent dyes, disinfectants, or abrasive material. SOUND LEVEL METER - means any instrument and its appurtenances used for the measurement of noise and sound Ievel. STRAY ANIMAL - animal/s not subject to the control and/or found in a place outside the premises of its owner. VERMIN - a group of insects such as flies, mosquitoes, cockroaches, lice, ticks, and bedbugs, or small animais such as mice and rats that are vectors of diseases. VERMIN ABATEMENT PROGRAM - a series of preventive and control procedures and activities in the control of vermin. SECTION 3. SANITARY PERMIT 3.1 Establishments that are likely to produce a nuisance and/or engaged in offensive trades and occupations shall secure a sanitary permit (EHS FormNo. 101) issued by the local health officer before they could operate. 3.2 Any extension or additional construction or aheration in the establishment shall require a ncw sanitary pennit before it could operate. 3.3 Application or renewal of sanitary permit 3.4 3.5 3.3.1 The application or renewal of sanitary pennit shall be filed with the local health office having jurisdiction over the establishment. 3.3.2 The sanitary pennit shall be issued only upon compliance with at least a satisfactory rating utilizing the sanitary inspection of establishment (EHS Form No. 103-C). Fees. The fees shall be paid to the local govemment unit upon application, rcnewal, and noting of sanitary permit. The amount of fees shall be set through local ordinance. Noting of Permit. If there is a change in ownership or occupancy of this establishment, the new operator shall apply to the local health office to have such change noted in the records and pennit certificate within fourteen (14) working days and shall pay the corresponding fee for such noting. 5 3.7 3.8 3.9 \ allUll \. 1 Ill' ~:illll:!1") j)t't"lllll ~llal I llC valill ll)r Olle' ( I) ycar, srnnrng on thc day of issuance until the last day of December of the same year, and shall be renewed every beginning of the year thereafter. Revocation/Suspension. Upon the recommendation of the local health officer, the sanitary permit shall be suspended or revoked by the local health authority upon violation of any sanitary mies and regulations. Posting of Permit. The sanitary permit shall be posted in a conspicuous place of the establishment for public information and shall be available for inspection by authorized health and other regulatory personnel. Record of Sanitary Permit. 3.9. l 3.9.2 Every local health office shall kcep a record of ail establishments that have been issued a sanitary permit and renewal thereof. The record shall in every case show the following: a. The name and address of the operator who shall in every case be the actual holder of the sanitary permit; b. The location of the establishment; c. The nature/kind of business for which the permit has been issued; d. The date the pennit was issued and the dates of any renewal thereof; c. Every change of occupation or management of the establishment since the first pennit was issued; f. The sanitary conditions under which the pem1it was issued or any renewal thereof granted; and g. The revocation of the sanitary permit. 3.9.3 The record shall be available at ail reasonable times for inspection by any authorized officer of the Department of Health or local govemment unit. SECTION 4. REQUIREMENTS FOR PERSONNEL 4.1 Health Certificate 4. l.l The operator and employees of the establishment shall be required to secure a health certificate (EHS Fonn No. 102-B; cream in color) issued by the local health officer. The health certificate shall be issued only after the rcquired physical and medical examinations and itninunizations. 6 4.2 4.1.2 The health certificate shall be rencwed at least once a year or as often as required by local ordinance. 4.1.3 The heaith certificate shall be clipped visibly in the upper left front portion of the uniform wom by the employee while working. When such condition is not practical due to the nature of work in the establishment, the health certificate shall be made available upor.. inspection. 4.1.4 Health certificates are non-transferable. Persona! Health and Hygienic Practices 4.2.1 Employees of the establishment shall at ail times observe good persona! hygiene such as, but not limited to, the following: a. Wearing of clean appropriate working garments; b. Washing of hands with soap and water before and after working, after smoking, after using the toilet, after coughing, sneezing into hands or as often as necessary to remove dirt and contaminants; and c. Other hygienic practices called for by the nature of work in the establishment. 4.2.2 Employees of the establishment shall observe persona! health and safety practices at ail times while working: a. No smoking of tobacco; b. No drinking of alcoholic beverages; c. No eating of any kind of food; d. No spitting or blowing of nose; e. No littering; f. No unnecessary chatting or distraction; and g. Other persona! health and safety practices called for the nature of work in the establishment. 4.2.3 Workers suffering from a contagious or communicable disease shall be immediately reported to the operator and referred for treatment. 7 4.3 Persona! Protective Equipment Persona! protective equipment shall be provided to and used by every worker in accordance with the provisions of Chapter VII - "Industrial Hygiene" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations and shall be in accordance with the Occupational Safety and Health Standards formulated by the Department of Labor and Employment under the Labor Code of 1he Philippines. SECTION S. SANITARY FACILITIES REQUIREMENTS 5.1 Water Supply 5.2 5.1.1 The drinking water supply for establishments covcred under thcse implementing rules and regulations shall confonn with Chapter II - "Waler Supply" of the Code on Sanitation of the Philippmes (P.D. 856) and its implementing rules and regulations and the Philippine National Standards for Drinking Water. 5.1.2 Sources either from private or public water supplies shall be capable of supplying the minimum daily water demand of forty ( 40) liters per capita per day and an adequate pressure of 138 Kpa (20 psi). Food and Drinks Ali food and drinks handled, stored, prepared, or served in the establishment or within its premises shall confonn to the pertinent provisions of Chapter III - "Food Establishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. 5.3 Sewage Disposai and Drainage 5.3. l Ali sewage, stormwater and wastewater shall be discharged in a manner complying with Chapter XVII - "Sewage Collection and Disposai, Excreta Disposai and Drainage" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing mies and regulations. 5.3.2 The effluent quality to be discharged from the establishment shall meet the minimum standards and requirements set by the Department of Envir~nment and Natural Resources and ail other concerned rcgulatory agenc1es. 5.3.3 The plumbing system of the establishment shall be in accordance with the pertinent provisions stated in the National Plumbing Code of the Philippines. 5.5 5.6 Solid \\'ustc :\lanagcmcnt Ali refuse including animal litter and manure, animal waste food prodilcts, and other waste matter shall be disposed of in accordance with the provisions stated in Chapter XVIII - "Refuse Disposai" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations, ail other pertinent laws and rules and regulations set by other concemed agencies, and local ordinanèes. Vermin Control 5.5.1 The opcrator of the establishment shall maintain a vermin ~batement program which shall conform to Chapter XVI - "Vermin Controll'!of th'e'. Code on Sanitation of the Philippines (P.D. 856) and its implemcnting rules and regulations. , , 5.5.2 During vermin control operations, ail foods including food preparation equipment and feeds for animais shall be covered to protect it from contamination. Likewise, ail animais shall be protectcd from toxic chemical substances. Toilet, Bath and Handwashing Facilities 5.6.1 The sanitary facilities shall be located within a distance of 25 met ers (82 feet) of the service area. · 5.6.2 Adequate number of plumbing fixtures shall be afforded to ail persons in the establishment. The minimum appurtenances shall be as follows: TABLE 1. MINIMUM NUMBER OF PLUMBING FIXTURES FOR EMPLOYEES No.of Water Close! Urinal Lavatory Persons Shower Male Female Male Male Female 1-29 1 1 1 l 1 l sbower for cach 15 30-49 1 2 2 2 2 persons exposed 10 50-99 2 3 2 3 3 excessive hc"1 or to Foreach skin contamination additional 1 1 1 1 1 with poisonous 60 pcrsons ma1crial One (1) additional fixture unit shall be provided for differently-abled employ~es 5.6.3 Separate clearly marked toilet .rooms for male and female shall be provided. 5.6.4 A minimum toilet or bathroom area of 1.20 square meters with a minimum dimension of 0.90 meter shall be provided. 5.6.5 1oilets and bathrooms shall be properly located, lighted, and ventilated. 8 9 5.6.ù Prupçr lllalllll.'llam:..: ol wtlcb ,lllll 1,.i1lm,,m1,-. :,llilll n,: lion,• l"l'gul;irl;, 5.6.7 Toi let paper and/or paper holders, soap, soap dispcnsers, and paper towels shall be supplied at all times. Paper towels or hot air machines shall be used for hand drying. Mirror shall be installed in cvery toilet room facilities. 5.6.8 Windows of toilet rooms shall be so located above eye-level and shall be provided with No.16-meshscreen unlcss otherwise air-conditioned. 5.6.9 Ali doors shall open outward and must be self-closing. SECTION 6. PRESCRIBED REQUIREMENTS FOR CONSTRUCTION 6.1 General Requirements 6.1.l The policies, plans, standards, and guidelines on building design, construction, use, occupancy and maintenance shall be in accordance with the provisions of the National Building Code of the Philippines (P.D. 1096) and its implementing rules and regulations and other existing local laws and ordinances. 6.1.2 A person or group of persons, or entity who in tends to construct, operate, alter, or renovate an establishment covered under thesc implementing rules and regulations shall first submit the plans and specifications to the local health officer for review and approval. Ali plans shall be submitted in duplicate copies. 6.1.3 The application for permit to construct, operate, alter or renovate such establishment shall be written on such forms issued by the local health office together with other supporting documents that are necessary for proper review of plans. 6.1.4 The establishment shall be built or renovated in accordance with the approved plans unless approval of changes has been given in writing by the local health officer. The operator shall notify the local health officer at specific predetermined stages of construction and at the time of its completion and to pennit inspection of the establishment during and after construction. 6.1.5 The new establishment or portions of existing establishment that have been altered or renovated shall not be placed in operatîon until such inspection shows compliance with the requirements of these rules and regulations. 10 (i.2 \\ ail~. Partition!> and Ll'thng~ 6.2. I Rooms in areas where excessive noise or vibration is produced shall have sound-resistant walls extending to the ceiling. 6.2.2 Walls or wall covering shall not have open spaces or cracks that would provide harborage of vermin. 6.2.3 Walls and partitions inside the sanîtary facilities shall be of smooth and impervious material with a minimum height oftwo (2) meters (6.56 fcet) starting from the floor. Ali walls that exceed the said height shall be light colored. 6.2.4 6.2.5 Partition walls between water closets shaU have a height of at least two (2) meters (6.56 feet) and terminates thirty (30) centimeters ( 1 foot) above the floor. Ali ceilings shall be made of smooth, light-colored and non-toxic material. 6.3 Windows 6.4 Every room intended for use, not provided with artificial ventilation system, shall be provided with a window or windows with a total free area of openings equal to at least ten percent (10 %) of the floor area of the room, to which it shall open directly to a clear space. Floors 6.4.1 Ali floors shall be constructed of concrete or any impervious, easily cleaned and non-toxic materials. 6.4.2 Where the floors are constructed of wood with dovetailed or tongue and groove floorboards, it shall be clamped together and laid in a firm foundation. 6.4.3 Floor coverings such as vinyl tiles, wood parquet, linoleum, or any other similar materials shall be fixed to the floor with cernent, glue, or any suitable adhesive material. Carpets, when used, shall be maintained in a clean and satisfactory condition. 6.4.4 There shall be sufficient floor space for comfort and for c;mying out dulies effectively and efficiently. Working spaces, stairways, aisles, or any passageways shall have a least dimension of 1.20 meters to permit free unobstructed movement of persons. 11 6.5 6.6 Lighting 6.5.1 Ali areas in the establishment shall be properly lighted, either by natural or artificial lights, or both. TABI,E 2: MINIMUM STANDARDS FOR ILLUMINATION AREA MINIMUM ILLUMINATION Hallways, exits, stairways and landing (on floor), 20 foot candies 215.2 lux elevators, escalators and dining rooms Locker rooms, toilets and bathrooms 10 foot cand les 106.7 lux Ki1chc11s, study rooms, storagc rooms, supply roon1s 20 foot candies 215.2 lux Outdoor pathways 2 foot candies 21.52 lux 6.5.2 Lighting shall be reasonably free from glare and evenly distributed to avoid shadows. 6.5.3 The intensity of the required illumination inside the establishment shall be maintained at a point 76.20 centimeters (30 inches) above the floor. 6.5.4 There shall be provisions of sufficient lighting fixtures on open areas capable of illuminating dark places in the establishment especially at night. 6.5.5 Switches of lighting fixtures shall be conveniently located. 6.5.6 The level of illumination of other areas not otherwise mentioned shall be of such intensities as may be required by the local health officer concemed as recommended by the sanitary engineer. Ventilation 6.6.1 Natural and/or mechanical ventilation, which is effective and suitable for comfort and safety of clients and personnel, shall be provided in ail areas of the establishment. 6.6.2 When natural ventilation is provided, a room intended for use shall be providcd with a window or windows with a total free area of openings equal to at least ten percent ( 10 % ) of the floor area of the room, and such window shall open directly to a clear space. 6.6. 3 In the absence of effective natural ventilation, mechanical ventilation shall be provided such as follows: a. Air-conditioning units - provide 1.5 Horsepower (6,000 BTU/ hour) air-conditioner for cvery 50 cubic meter room volume. b. Exhaust fans or blowers: 12 1. Srorag..: and suppl y room!>: pruvid..: an r.:xhausts fan or blO\\ c>r wi1h a minimum fan diameter of 15.24 centimeters per 35 cubic meter room volume (or equivalent minimum cubic meter of air per minute at 3 air changes per hour). ii. Kitchen, Dining, and Study Rooms: provide a minimum fan diameter of 15.24 centimeters per 35 cubic rneter room volume (or equivalent minimum cubic meter of air per minute at 3 air changes per hour). iii. Toilets and Bathrooms: provide a minimum fan diameter of 15.24 centimeters per 35 cubic meter room volume (orequivalent minimum cubic meter of air per minute at 3 air changes per hour). Windowless bathrooms shall be provided with mechanical exhausts systems that are connected to the light switch. iv. Air circulation of the room of the establishment shall be supplied through air inlets arranged, located, and equipped so that the personnel, guests, and visitors are not subjected to air velocities exceeding 1.02 meter per second. 6.6.4 The ventilation of other areas not otherwise mentioned shall be of such capacity that will be required by local health officer concerned as recommended by the sanitary engineer. 6.7 Sound and Vibration 6.7.1 Sound-absorbing materials shall be installed in all areas where excessive noise is produced. 6.7.2 Anti-vibration mountings shall be utilized for sound and vibration producing equipment. 6. 7.3 Insulation and absorbing materials and equipment to minimize excessive sound and vibration shall be in accordance with Occupational Health and Safety Standards fonnulated by the Department ofLabor and Employment and Chapter VII - "Industrial Hygiene" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. SECTION 7. SAFETY REQUIREMENTS 7.1 7.2 The health and safety in the working environment shall be in accordance with the Occupational Health and Safety Standards formulated by the Department of Labor and Employment and Chapter VII - "Industrial Hygiene" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. Emergency telephone and the telephone numbers of ambulance services, doctors, and hospital shall be conspicuously posted in the premises of the establishment. 13 1 lie' c,1:1hl1,lrn1c1ll ,h;,ll pru, 1,k mc·d1c·-1I sc'f"\ 1c:c~ ami;, rci!dil)-a,xcss1bk: l 1rst-a1d kit supplies as shown in the following tables: TAl:lLE 3. MEDICINES ** NUMBER OFWORKERS MEDICINES l to 50 51 to 99 100 to 200 to 601 to 2001 & 199 600 2000 up Topical Amiscptic, cc. 60 60 60 120 240 240 A nt iseptk Eycwash, cc. 70% lsopropyl Alcohol, cc. 240 240 240 240 500 500 Aromalic Spirit of Ammonia, cc. 30 30 30 30 30 30 Toothachc drops, cc. 15 15 30 30 30 30 Hydrogen Peroxide Solution, cc. 120 120 120 240 240 240 Butn Ointmcot, tube 1 1 1 1 Aoalgesic/Antipyretic tablcts !O 10 10 20 30 40 Atlli•histaminic tablcts 10 20 30 40 Atllacid lablcts 10 JO 10 20 30 40 Anü-diarrhea tablets 10 10 10 20 30 40 Anti-spasmodic tablets . . 10 20 30 40 Anti-hypcrtensive tablets - - 10 20 30 40 Coronary vasodilator tablets 10 20 30 40 Anli-aslhma 1ablets . 10 10 20 20 Ami-hcmorrhagic tablets . . IÜ 10 20 20 Glucose solution, 5%, 500 cc. - - - Ancsthctic preparation, cc. . . 14 !ABLE 4. \!Eüll.·\L :,,u'!'uL:,, A\!) L(...)L ]l'\!E.', l '' NUMBER OF WORKERS MEDICAL SUPPLIES/ EQUIPMENT 1 to 50 51 to 99 100 to 200 to 601 to 2001 & 199 600 2000 up First Aid Pamphlet l 1 1 1 l l Firsl Aid Box 1 l 1 l 1 1 Thcrmomelcr l l 1 1 2 2 Stethoscopc 1 l l 1 Sphygmomanomcter 1 l 1 1 Sterile Gauze Pads 5 5 5 10 20 20 Gauze bandages, roll 1 l 1 l 2 2 Adhesi ve tape, roll 1 1 1 1 l l Absorbent cotton * * * * * * Bandage Scissors 1 1 1 1 1 l Triangular Bandage 1 1 1 2 2 Safety Pins * * * * * Wooden Tongue Depressors 100 100 100 100 HmWaterBag 1 1 l 1 1 1 !ce Bag 1 1 1 1 1 1 Disposable Hypoderrnic Syringes 10 10 1,0 20 w/ needles, 2.5 cc Rubber Tomiquet 1 1 1 1 1 1 Venoclysis set (IV tubing, butterfly) l 1 2 2 2 Minor Surgical Instruments * * * * Forceps * * * * * Sterilizcr . . 1 l Waste Pail 1 l l 1 1 1 Soap, Cake * • * * * * Linens * * * Bed 1 l 1 Stretchcr 1 1 1 Cabinet for mcdicines and supplies 1 1 1 l Examining Table i 1 1 TABLE 5. MEDICAL FACILITIES NUMBER OFWORKERS MEDICAL FACILITIES 1to50 51 to 99 100 to 200 to 601 to 2001 & 199 600 2000 up Treatment room . 1 1 1 . . Emergency Clinic - - . - 1 1 Emergency Hospital/ Infit"mary - - . . - . Dental Clinic - - . . . l 15 NO.OF i\ŒDICAL SERVICE RENDERED WORKERS OFFICER l TO 50 FIRST-AIDER FULL TIME (AT LEAST 8 HOURS A DAY 6 TIMES A WE:SK) OCCUPATIONAL PARTTIME HEALTH NURSE AT LEAST 4 HOURS A DAY, 6 TIMES A WEEK) FIRST-AIDER FULLTlME (AT LEAST 8 HOURS A OAY, 6T!MES A WEEK) IOOTO 199 NOTE : JF THERE ARE MORE THAN ONE WORKSHJFT PER DAY, THE NURSE SHALL STAY DURING THE SHIFf WHICH HAS THE MOST NUMBER OF WORKERS OCCUPAT!ONAL PARTTJME HEALTH PHYSICIAN (AT LEAST 4 HOURS A DAY, 3 TIMES A WEEK) .. DENT!ST PARTTJME (AT LEAST 4 HOURS A DAY, 3 TIMES A WEEK) OCCUPATION AL FULL TIME HEALTH NURSE (AT LEAST 8 HOURS A DA Y, 6 TIMES A WEEK) 200TO 600 FIRST-AIDER FULL TIME (AT LEAST 8 HOURS A DAY, 6 TIMES A WEEK) NOTE: THE PHYSICIAN AND THE DENTIST SHALL STAY IN THE WORKPLACE ON ALTERNATE DAYS. WHERETHEREARE MORE THAN ONE WORKSHIFT PER DAY, THE DENTIST AND THE PHYSICIAN SHALLSTAY DURING THE SHIFT WHICH HAS THE MOST NUMBER OF ..... WORKERS OCCUPATION AL PARTTIME HEALTH PHYSICIAN (AT LEAST 4 HOURS ADAY, 6TIMES A WEEK) DENTIST PARTTIME (AT LEAST 4 HOURS A O.\ Y. 6 TIMES A WEEK) OCCUPATIONAL f'Ul,l;TJME HEALTH NURSE (AT LEAST 8 HOURS A DAY, 6 TIMES A WEEK) 60t'TO2000 FIRST-AIDER FULLTIME (AT LEAST 8 HOURS A DAY. 6 TIMES A WEEK) NOTE: THE PHYSICIAN AND THE DENTIST SHALL STAY IN THE WORKPLACE ON ALTERNATE DA YS. WH ERE TH ERE ARE MORE THAN ONE WORKSHIFT PER DAY, THE DENTIST AND THE PHYSICIAN SHALLSTAY DURING THE SHIPT WHICH HAS THE MOST NUMBER OF WORKERS 16 iJ on·lP,\IJO.\,\L FLLL TJ).lE HEALTH PHYSICIAN (AT LEAST 8 HOURS A DA Y, 6 TIMES A WEEK) DENTIST FULL TIME (AT LEAST 8 HOURS A DAY, 6 TIMES A WEEK) MORETHAN OCCUPATION AL PARTTIME 2000 HEALTH PHYSICIAN (AT LEAST 4 HOURS A DAY, 6 TIMES A WEEK) FOR EACH OF THE OTHER WORK SHIFT OCCUPATIONAL FULL TIME HEALTH NURSE (AT LEAST 8 HOURS A DAY, 6 TIMES A WEEK) FOR EVERY WORK SHIFT FIRST-AIDER FULL TIME (AT LEAST 8 HOURS A DAY, 6 TIMES A WEEK) FOR EVERY WORK SHLFT 7.4 Persona! protective equipment (PPE) appropriate for the type or nature of work shall be provided to employees by the operator of the establishment. 7.5 The fire protection system and safety instruction program of the establishment shall be in accordance with the Fire Code of the Philippines (P.D. 1185) and its implementing rules and regulations. 7.6 Fire drills and earthquake drills shall be conducted on the establishment twice a year. 7.7 7.8 7.9 Electrical designs, equipment, specifications, conduits, installations and ail electrical system shall conform to the Philippine Electrical Code, as adopted by the Board of Electrical Engineering pursuant to Republic Act No. 184 otherwise known as the Electrical Engineering Law and its implementing rules and regulations and other existing laws and local ordinances. Mechanical designs, equipment, specifications, installations and ail mechanical system shall confonn to the Philippine Mechanical Engineering Code, as adopted by the Board of Mechanical Engineering pursuant to Commonwealth Act No. 294 otherwise known as the Mechanical Engineering Law and its implementing rules and regulations and othcr existing laws and local ordinances. The minimum requirements for the accessibility of differently-abled persons in the establishment shall be in accordance with Batas Pambansa Big. 344 - "The Law to Enhance Mobility of Disabled Persons" and its implementing rules and regulations. l Note: "" Any medicine supply/equipment prescribed in the table may be substitued with one of comparable effectiveness, and shall be replaced with the same quantity immediately after consumption. 17 PIW\'ISIO.\S FOR SPECIFIC TYPES OF :\LISA:\CE 8.1 Public or private premises maintained and used in a manner injurious to health 8.1.1 No public or private place shall be used and maintained as a disposai site of refuse or any other noxious waste unless the site has been designated for such purpose and with the approval of the local health office or other concemed regulatory agencies. 8.1.2 By-products such as bagasse, rice hulls and other similar particles shall not be stored or dumped in an open or exposed area without any covering or protecti ve material which shall prevent such by-products from scattering or being blown away by the wind. 8.1.3 Therc shall be no structure, materials, equipment, rnachinery, or vehicles abutting unto public street or sidewalk that affects and obstructs the convcnient passage of traffic and passer-by. Streets used as parking for vchiclcs or for any other purpose shall be subjected to the approval by the local health authority under existing local regulations and ordinances. 8.1.4 Any structure or parts thereof that was decayed, damaged by fire or termites, or declared as "condemned" and to which in the assessment of the health officir that the structural integrity is questionable and shall constitute a hazard to public health and safety shall be demolished within such reasonable time as the local officer may order after due written notification of the owner or operator. 8.1.5 Machinery, equipment, or any structure or material placcd unprotected, unguarded, insanitary, or situated or operated in a public or private premises which constitute as nuisance shall be confiscated or abated within thirty (30) days after its assessment by the local health office and written notification of the owner or operator. 8.1.6 Establishments that are emitting dense smoke or noxious fumes, vapors, gas, dust, soot, or cinders, in unreasonable or toxic quantity tha1 adversely affect health and sanitation shall be dedared as a nuisance and shall be dcalt accordingly by the local heahh officcr concemcd. 8.1.7 Establishments engaged in the processing and manufacturing of explosives, inflammable liquids, and other toxic and hazardous substances shall be located 300 meters away trom densely populated areas (residential, commercial, and institutional areas). 18 8.2 8.3 8.1.8 Public or privatc prcmiscs or buildings/structures constructed, altcrcd or operated in violation of the Code on Sanitation of the Philippines (P.D. 856), the Building Code of the Philippines (P.D. 1096), the Civil Code of the Philippines, its implementing mies and regulations, and other existing laws and local ordinances shall be declared as nuisance and the local health officer shall have the authority or the power to order in writing the operator, to correct or remove the said nuisance within such reasonable time as the local health officer may order. Breeding places and harborage of vermin 8.2.1 The owner or operator shall be responsible for the control of vermin and its breeding places within his establishment or premises. 8.2.2 The growth of weeds, grasses, and bushes outside, within the premises of the establishment, or in any public or private vacant lots shall be controlled to prevent the breeding or harborage of hannful insects and animais (e.g. spiders, scorpions, or snakes). 8.2.3 No person shall use any dangerous and toxic chemical in spray or in mist form in concentrations exceeding the maximum permissible standard set by the Fertilizer and Pesticide Authority and other concemed regulatory agencies for the purpose of weed control. 8.2.4 The control, method, procedure and frequency shall be in accordance with the provisions of Chapter XVI • "Vennin Control" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. Animais and their carcasses which are injurious to health 8.3.1 A dead animal shall be disposed by its owner within twenty-four (24) hours after its death and in such a manner complying with Chapter XVIII • "Refuse Disposai" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations and local ordinances. 8.3.2 Whcnever a dead animal is indiscriminately disposed in any private or public place to which the owner of such animal is unknown, the local health officer has the authority to direct his authorized representative to bury it ln a manner complying wlth Chapter XVIII - "Refuse Disposai" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing mies and regulations and local ordinances. 19 \.\ ,.. LL 111 ll 1<1 L 11111 lll j t."J U:S.t" 8.4.1 The sanitary requirements for the segregation, storage, collection, transport, and final disposai of refuse shall be in compliance with Chapter XVlll - "Refuse Disposai" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations and ail other pertinent laws, rules and regulations, and local ordinances. 8.4.2 Storing and drying of manure shall be made at a minimum distance of 500 meters away from residential, commercial or industrial area or as approved by the local health officer, considering that objectionable odors cmitled from the establishment shall not cause nuisance to the people residing within the area. 8.5 Noxious matter or waste \Yater discharged improperly in streets ... 8.6 8.5. l Therc shall be no noxious matlcr or any hannful substance that shall be disposed off unto streets, roacls, alleys, bodies of water, or in any pathways or place not approved by the local health officcr or other concemed regulatory agencies, as disposai site for such. The sanitary requirements for its disposa! shall be in pursuance with Chapter XVIII - "Refuse Disposai" of the Code on Sanitation of the Philippines (P.D. 856) and its implcmenting rules and regulations and ail other pertinent laws, ru les and regulations, and local ordinances. 8.5.2 Sewage or any wastewater that are discharged without prior treatment, unto streets, roads, alleys, bodies of water or in any pathways or place, or is used to water street plants, that is likely to affect health, cause pollution or contamination of wells, springs, or any source of drinking water, shall be declared as nuisance and shall be acted upon, corrected or removed by the owner or operator of the establislunent within twenty-four (24) hours. 8.5.3 The quality of bodies of water shall be maintained in a safe and satisfactory condition according to its best usage as stated in the Department of Environment and Naturai Resources standards, rules and regulations. Animal stockade maintained in a manner injurious to health 8.6.1 8.6.2 8.6.3 Ali animal stockade shall be kept reasonably clean and free from accumulation of manure and other refuse. Ali animal stockade, whether temporary or pennaneht, shall be required to have a flooring which is impervious, free from cracks and crevices, and properly sloped (2 % ) to provide efficient drainage. Adequate water supply both for drinking and cleaning and for other domestic purposes shall be provided in the establishment. The water requirement for common domesticated animais shall be as follows: 20 8.6.4 8.6.5 8.6.6 8.6.7 TYPE WATER REQUIREMENT PerHead LITERS/PER DAY GALLONS/DAY sow 36 9.5 BOAR 18 4.8 FATTENER 14 3.7 Note: Provide 75 litcrs/day (20 gallons pcr day) pcrsquarc nieter of stockadc !X'' clearing during cleanîng pcriod TABLE 8: MINIMUM WATER REQUIREMENT FOR POULTRY TYPE WATER REQUIREMENT per 100 Heads LJTERS/DAY GALLONS/DA Y HENS 30 8.0 CH!CKS 3.0 0.8 QUAILS l.0 0.26 Note: Provîdc 75 litcrs/day (20 gallons/da y) per square mcter of stocka de pcr clearing during cleaning period Every animal stockade or other animal enclosures shall be provided with a watertight, easy to carry, and vermin-proofed receptacle for man ure and other litter arising within the premises of the stockade. Such receptacle shall always be securely covered except on the time of emptying and shall be preferably disinfeeted after every use. No man ure shall be allowed to accumulate except in such receptacle. Ali domestic animais such as those kept as pets, or used in the livestock industry and for other purposes shall be under the effective control of its owner or the operator of the establishment. Ali stray animais shall be impounded by the local govemment unit concemecl. Livestock which are temporarily confined in abattoir/slaughterhouse shall be covered by Chapter IV • "Markets and Abattoirs" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. Animal Used for Commercial Purposes a. Establishment engaged in livestock industry shall be located only in places or areas designated under existing zoning laws and local zoning ordinances. Where no zoning law or ordinance exist the local health officer concemed shall determine the suitability of the location. 21 .. 11. L11 cc-,tcick ~luckadc~ sha!I nul hé lucatcd ,1Hhin t\\cllly-f1vc l25) meters from any ground and surface drinking water sources nor shall it be near flood-prone areas or in depressions where heavy water run-off may occur. c. There shall be no livestock stockade intended for commercial purposes which shall be constructed, operated, and maintained at a point 100 metcrs (328 feet) from any place of human habitation. ci. There shall be a buffcr zone of at least five (5) mcters in width around the boundaries of the lot and if possible it shall be planted with trecs or shrubs. e. The location of any livestock industry shall be at lcast 500 meters away from national roads and highways. f. Such establishment shall be projected that no future urban expansion or development shall take place in the area wherc the establishment is to be located within five (5) years. g. Stables, barns, loafing or loitering area and other enclosure where an animal are raised or kept shall be constructed of such material and in such a manner that it can be kept reasonably clean and sanitary at ail limes. h. Satisfactory space requirement in each domestic animal stockade shall be observed to prevent overcrowding. TABLE 9: MINIMUM SPACE REQUIREMENT FOR SWINE STOCKADES TYPE OF SWINE FARROWING HOUSE GROWING/FINISHING (PER HEAD) (SQUARE METERS) HOUSE (SQUARE METERS) BOAR 1.358 PRE-FARROWING SOW 1.858 GlLTS 1.580 SOW WITH LITIER: YOUNG 4.460 . MATURE 5.948 . GROWING/FINISHING PIGS: 10- 20KG. . 0.46 • 0.56 20-40KG. . 0.56- 0.74 40-70KG. . 0.74 • 0.84 70 · l00 KG. . 0.84- 1.11 lAL\LE 10: .\!J\l.\lL.\l Sl'ACE RE(iCIRE.\lE.YI' FOR l'Ol ITI\\ STOCKADES TYPE OF POULTRY STOCKADE AREA (PER HEAD) (SQUARE CENTIMETERS) LAYERS: DAY-OLD TO FOUR WEEKS 96.82 FOUR TO EIGHT WEEKS 193.65 NJNE WEEKS TOLA YlNG AGE 50- 60 BROILERS: DAY-OLD TOTHREE WEEKS 278.85 THREE TO FOUR WEEKS 464.75 FIVE WEEKS OR MORE 929.50 TABLE ll: MINIMUM SPACE REQUIRE\\ŒNT FOR GOAT STOCK AD ES TYPEOFGOAT STOCKADEAREA (PER HEAD) (SQUARE METERS) DOES, BUCKS, ADULTS 0.75 · 1.50 GROWJNG 0.50 - 0.75 KlDS 0.20 - 0.50 NOTE: PROVIDEA MINIMUM LOAFING AREA OF 100-150 SQUARE METERS PER :iO GOAT HEADS TABLE 12: MINIMUM SPACE REQUIREMENT FOR CATTLE STOCKADES TYPE OF CATTLE STOCKADE AREA STOCKADE (PERHEAD) (SQUARE METERS) DIMENSIONS (METERS) FATTENER 6.0 4.0 X ).5 NOTE: PROVIDE A MINIMUM LOAFING AREA OF 500 TO 800 SQUARE METERS PER 50 CATTLE HEADS 1. Any establishment engaged in the sale of pet animais such as dogs, cats, reptiles, fishes, doves, rabbits, mice, and others located within a commercial area shall be at least 25 meters away from any food establishment. j. The frequency of disinfection of every animal stockade and every premises of such establishment that is Iikely to be contaminated shall be maintained at least three times a week or as frequent as nccessary as the local health officer may direct. k. The establishment shall be provided with a sufficient ventilation such as an exhaust system capable of delivering a minimum of 1 cubic meter of air per minute at 10 air changes per hour that minimize objectionable odors arising from such establishment. 22 23 8.6.9 8.6.10 .-\li pisic,-~ 111ciud1n; an1rn,,I ~-:;;c~ ,,r pc1b ~11,dl bl· 11.,lllil,llncd ckan a~ often as possible to prevent attraction and harborage cf vermin. Al I animal and poultry feeds shall be kept and stored under such condilions that will limit the attraction and harborage of vermin. Whencver an animal or an animal stockade serves as a nuisance and is the subject of cornplaint of the residents within the area, the people may file a written complaint to the local health officer who in retum shall notify and suggcst sanitary proccdurcs to the operator to correct or rcmove such nuisance. If the opcrator or owner fails, neglects or refuses to abatc such nuisance within thirty (30) days after such notification or within a short cr time prescribed by the local health officcr, the local health officer shall prohibit the keeping of such animal or the further use of such stocka de. 8.7 Excessive noise .. 8.7. l An establishment creating such noise which exceeds the maximum allowable noise levels shall be so located in appointed areas designated under existing zoning laws and other local zoning ordinances. 8. 7. 2 Ail persons exposed to noise which exceeds the maximum allowable noise levels emanating within any construction site, establishment or premises such as those ernitted from certain equipment, machinery, vehicle, tools or devices, shall be provided with appropriate p~rsonal protective equipment (PPE). 8 .7 .3 The perünent ru les and regulations forrnulated under Presidential Decree No. 984 commonly known as "The Pollution Control Law" shall be hereby adoptcd in these implementing rules and regulations. 8.7.4 The maximum allowable noise guality standards shall be as follows: TABLE 13: :vlAXIMUi'vl ALLOWABLE NOISE LEVELS IN GENERAL AREAS Ci\TEGORY OF DAYTIME MORNING AND NIGHTTIME AREA EVENING AA 50dB 45dB 40dB A 55dB 50dB 45 dB B 65dB 60dB 55 dB C 70dB 65dB 60dB D 75dB 70dB 65dB a. Classification of General Areas: i. Class AA • a section or contiguous area which requires quietness sucb as area within I 00 meters from school sites, nursery schools, hospitals, and special homes for the aged. 24 b. 11. Class A - a section or contiguou~ area that is pnmaril; us<.'.d for residential purposes. iii. Class B - a section or contiguous area that is primarily a commercial area. iv. Class C - a section primarily reserved as a light industrial area. V. Class D - a section that is primarily reserved as a heavy industrial area. The division of the 24-hour period are as follows: i. Moming - 5:00 a.m. to 9:00 a.m. ii Daytime - 9:00 a.m. to 6:00 p.m. iii. Evening - 6:00 p.rn. to 10:00 p.rn. iv. Nighttime - 10:00 p.m. to 5:00 a.m. 8.7.5 The noise level shall be measured by a standard sound level meter that meets the American National Standards Institute (ANS!) S 1.4-1974 or other specification accepted by the Department of Environment and Natural Resources (DENR). 8. 7 .6 Whenever a noise is emitted frorn any residential, commercial, industrial and other premises which serves as a nuisance and is the subject of complaint of the residents within the area, the people rnay file a written complaint to the local health officer who in retum shall notify the owner or operator to abate such nuisance. If the operator or owner fails, neglects or refuses to abate such nuisance within thirty (30) days after such notification or within a shorter time prescribe<l by the local health officer, the latter shall prohibit such nuisance or provide me as ures to prevent such nuisance at the expense of the owner or operator or person concerned. 8.8 Illegal shanties in public or private properties 8.8.1 The construction, erection, or extension of any public or private building or structure, whether temporacy or pennanent, for the purpose ofhabitati?n, storage, recreation, commercial or business purposes and other uses outs1de the owner's or operator's perimeter of jurisdiction or apart from his legally declared property line shall be considered as a nuisance. . 8.8.2 The utilization of a public or private place, whether temporary or pennanent, for pathway or access of any person or motorist, for parking of a vehicle or for other purposes without the consent of the owner of the property shall be considered as a nuisance. 25 8.9 C Other types of nuisance 8.9. l 8.9.2 Other types of nuisance such as, but not limited to, objectionable odor; unnecessary vibration and radiation; noxious weeds and shrubs in a public place; decayed, unwholesome, or contaminated food or drinks offered for sale or for distribution to the public; any person or animal inflicted with a contagious or communicable disease which is exposed to the public; the distribution or sale of medicines, drugs or cosmetics which are not approved by the Bureau of Food and Drugs; articles such as clothes, shoes, linens, towels, bedding materials, blankets, pillows, and anything used for sleeping or resting, which are second hand or made of second hand materials that are offered for sale to the public; and others which are the subject of complaint of the residents within the area, which jeopardize the health, sanitation and safety of the community shall be investigated by the local health officer who shall notify and prescribe sanitary procedures to the owner or operator, to correct or remove such nuisance. If the owner or operator fails, neglects or refuses to abate such nuisance within thirty (30) days after such notification or within a shorter time prescribed by the local health officer, the latter shall prohibit such nuisance or provide measures to stop or prevent such nuisance at the expense of the owner or operator concemed. SECTION 9. REQUIREMENTS FOR ESTABLISHMENTS ENGAGED IN OFFENSIVE TRADES AND OCCUPATIONS 9.1 Ail establishments engaged in offensive trades and occupations covered under Sub-scction 1.2 of these implementing rules and regulations shall be required to secure a sanitary pennit from the local office. 9.2 9.3 9.4 9.5 The operator or employees of the establishment shall be required to secure a health certificate from the local health office. The establishment shall comply with the pertinent provisions of Chapter VII "lndustrial Hygiene" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. The occupational safety and health within the establishment shall be in compliance with the provisions stated in the Occupational Safety and Health Standards formulated by the Department of Labor and Employment under the Labor Code of the Philippines. Ali effluents and emissions produced by the establishment shall be within the maximum permissible level or standards set under Presidential Decree No. 984 conunonly known as the "Pollution Control Law" and other pertinent administrative orders, mies and regulations formulated by the Department of Environment and Natural Resources. 26 SECTIO'.'; 10. 11'SPECTIOJ\ A.'\:D EVALUATION 10.1 l0.2 l0.3 10.4 Responsible Officer It shall be the duty of the local health officer to cause the evaluation and inspection of every establishment requiring a sanitary pennit for its operations at least every three (3) months and to cause additional inspection and re-inspection and evaluation as deemed necessary for the enforcement of these rules and regulations. Sanitation Inspection Fee The fees payable on every inspection shall be of such amount prescribed by local ordinance. Mission Order 10.3.1 The local health officer or the chief of the sanitation di vision/ section/ unit of the local health office, as the case may be, shall issue a mission order (EHS Forrn No. 112) for every sanitation inspection that will be conducted by the sanitary engineer/sanitation inspecter. 10.3.2 The mission order must contain date, mission order number and series, the name of the inspector and the I.D. number, the business names, addtesses, categories of establishments to be inspected and the scheduled dates of inspection. This must be shown to the owner/operator of the establishment before any inspection is conducted. The immediate supervisor of the inspecter shall monitor the enforcement of the mission order. 10.3.3 Sanitary inspection conducted without a mission order is prohibited. l0.3.4 The operator of the establishment shall report to the local health officer or chief of sanitation division/section/unit any unauthorized inspection that was conducted. Uniform of Sanitation Inspector and Aids to Inspections 10.4. l The sanitation inspecter shall wear the prescribed uniform of the office with the proper identification card while conducting the inspection. 10.4.2 Hé shall likewise bring ail the equipment and supplies needed in the inspection such as the inspection forms, clipboards, thermometers, flas1Ujght, metal measuring tape, camera, light meter, water pressure gauge, chlo~ residual and pH comparator kits, blacklight, field bag w/ water quality sampling kit, etc., copy of the sanitation Iaws, regulations, standards and other reference materials needed in the inspection. 27 lû.5 !0.6 .. Fn:qucncy of Inspection 10.5 .1 The frequency of inspection shall be at least once every three (3) months. Recording of Inspection l 0.6.1 The sanitary engineer/sanitation inspector shall keep a record of ail his inspections or evaluation reports in an inspection form (EHS Form 103 B). 1 O. 6.2 The sanitary cngineer/sanitation inspector shall fumish the original of such report to the operator of the establishment. l 0.6.3 Dcmcrits entcred in the appropriate column of the inspection form shall indicate that the item does not conform to the requirements of these regulations. 10.6.4 a. The inspection form has twenty (20) items. Non-complying items are indicated with a (X). Every such item is weighted with a demerit of 5. The rating of the establishment is therefore 100 less (numberof demerits x 5). The result is expressed as a percentage (%) rating. Sanitation Standard a. The percentage rating has an equivalent sanitation standard as follows: PERCENTAGE SANITATION COLORCODE RATING STANDARD 90 - 100 % Excellent Luminous Green 70 - 89 % Very Satisfactory Luminous Yellow 50 · 69 % S~tisfac1ory Lmninous Red b. Establishments with percentage rating below 50% shall be rccommcnded for suspension of operation until cornpliancc. c. Sanitation standard rating sticker (SSRS) (EHS Fonn No. 104-A/C) shall be posted in a conspicuous part of the establishment, preferably at the door, for guidance of the customers. It shall be updated once every three (3) months, unless revoked earlier. · l 0.6.5 The average sanitation standard of every establishment shall be evaluated by the local health officer/chief of sanitation di vision/section/unit every end of the year to detennine its improvement/maintenance of rating. 28 10. 7 10.8 10.9 Report of Inspection 10. 7.1 The sanitary engineer/sanitation inspector who conducted the inspection shall complete the sanitary inspection report, and whenever an inspection form issued indicates non-complying items, he shall notify the operator of the corrections to be made and indicate a reasonable period for its compliance. a. The recommended corrective measures shall be specific in nature for the easy understanding of the operator of the establisl1ment. b. Reasonable period for compliance or grace period shall be inclusive of Saturdays, Sundays and holidays. 10.7.2 The sanitary engineer/sanitation inspector who conducted the inspection shall likewise prepare a sanitary order (EHS Form No. 107) for approval by the local health officer or chief of the sanitation di vision/section/unit. 10.7.3 Within 48 hours of the inspection or evaluation, the original inspection report (EHS Form No. 103-B) and the sanitary order shall be fumished and acknowledged by the holder of the permit certificate, the operator of the establishment. The inspection report shall be personally delivered, or shall be sent through postal service and registered with retum card. Re-inspection 10.8.1 If upon re-inspection of the establishment after the deadline, the sanitary engineer/sanitation inspector has found that the correction bas not been effected, he shall report to the local health officer who shall recommend to the local health authority the revocation of the sanitary pemlit. 10.8.2 A copy of the inspection form and any notice served shall, in ail cases be filed and kept by the local health office and be available for inspection by authorized officiais. Service of Notice 1 O. 9.1 Whenever an inspection or evaluation fonn indicates non-complying items, the local health officer shall serve to the operator a sanitary order requiring him, within the grace period stated in the order, to take such remedial action as may be specifie<l therein. 10.9.2 In the event ofnon-compliance of the first sanitary order by the operator, the local health officer may serve a second notice. 29 i. If the owner of the establishment needs additional time to comply with the first sanitary order, he shall request the local health officer in writing prior to the expiration of the said sanitary order, for an extension of the grace period. The local health officer, upon the recommendation of the sanitary engineer/sanitation inspector who conducted the inspection, will act on such request. ii. Notice of Hearing (EHS Form No. 118). The local health officer shall call the operator to show cause, at a time and place stated in the notice, why the pennit issued in respect of the establishment shall not be revoked. 10.10 Revocation of Permit 10. IO. I Afterprior notices and hearing as provided above, the local health officer, if satisfied that the tenns of the two notices have not been complied with or that failure to comply therewith is not excusable, shall recommend to . the local health authority the revocation of the said permit, or; 10.10.2 After the second sanitary order on an extended grace period, a re-inspection was conducted and still the owner/operator fails to comply with such order as reported by the sanitary engineer/sanitation inspector, the local health officer shall recommend to the local health authority the revocation of the sanitary pennit without delay and shall infonn other related agencies of the city or municipality of such revocation. 10.10.3 Lifting of suspension of permit may be recommended whenever the operator of the establishment complies with the notices. 10.10.4 The operator of the establishment may file a motion for reconsideration to the local health authority if he is not satisfied with the action of the local health officer. 10.10.5 The local health authority may file court proceedings against any establishment continuously operating after the revocation of its permit. 10.11 Summary Suspension of Permits Whenever the local health officer finds unsanitary or unhealthy conditions in the operation of an establishment which in his judgement constitute a.substantial hazard to the public health, the local health officer may recommend the immediate suspension of the sanitary permit. Any person to whom such order is issued may file a written petition and shall be afforded a hearing within 48 hours. 30 The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from which decision shall be final. 10.13 Power of Entry Any sanitary engineer/sanitation inspector· or duly authorized officer of the Department of Health or of the local health offices, upon presentation of proper credentials may at all reasonable times enter into the establishment or any premises used for any of the purposes referred to in these rules and regulations for the purpose of inspection or any other action necessary for administration of these rules and regulations. 10.13.1 Sanitary inspection shall be conducted by officiais in accordance with Section 10, Sub-section 10.3 ofthese implementing rules and regulations. 10.13.2 Sanitary inspections shall be done preferably during the time when the establishment is in operation. 10.14 Hearings The local health authority may conduct hearings regarding erring establishments to include appeals from establishments. The decision of the locai health authority shall be deemed final and executory. SECTION 11. RESPONSIBILITY OF THE OPERATOR The operator of the establishments engaged in offensive trades and occupations and those establishments which are likely to produce a nuisance shall: 11.1 11.2 11.3 Comply with al! the requirements and standards as stated in these implementing rules and regulations and ail other pertinent provisions of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations; Ensure the state of sanitation of the establishment; Promote good persona! hygiene among his employees and ensure updating of their health certificates; 11.4 Ensure the safety and comfort of ail employees in the establishment; 11.5 11.6 Provide regular training programs and instructions to ail employees on safety and proper operation and maintenance of the establishment; Provide adequate and appropriate sanitary facilities, persona! protective equipment, and necessities to promote health, safety and sanitation in the establishment; 31 ILS 11.9 Assist the health authorities in conducting inspection of the establishment; Ensure tha1 the processes and materials used in the trade shall be environment•friendly; and 11, 10 Orient and provide regular training seminars, programs and instructions on the importance of environmental health and sanitation and promote awareness on ail cxisting !aws, rules and regulations, and ordinances on the conservation of the cnvironment among his employees. SECTION 12. RESPONSIBILITY OF THE LOCAL HEALTH OFFICER The local hcalth officcr shall: l 2, 1 Facilitate the conduct and evaluation of the establishment at lcast once every three months to ascertain tl1eir compliance to these implementing rulcs and regulations; 12,2 i-nvestigate complaints concerning alleged nuisances as mentioned in these implementing rules and regulations and apply necessary corrective actions; 123 12.4 12.5 12.6 Coordinate with the Department of Health or its regional health offices regarding the enforcement of these implementing rules and regulations; Conduct information, education and advocacy campaigns within his area of jurisdiction in relation to the enforcement of these implcmenting rules and rcgulations; Issue sanitary permit upon completion of the requirements stated in these implementing mies and regulations; and Prescribe precautionary measures to the operator or owner to prevent nuisance, accidents or spread of contagious or communicable disease in the establishment. SECTION 13. RESPONSIBILITY OF THE LOCAL HEALTH AFfHORITY The local hcalth authority shall: 13.1 13.2 Certify the passing of local laws and ordinanccs for the adoption, guidance and enforeement of these implementing ru les and rcgulations and other pertinent rulcs and regulations of the Code on Sanitation of the Philippines (P.D. 856); Assist the local health officer and other health regulatory personnel by providing necessary facilities, supplies, equipment, training programs and seminars for the promotion and improvement of the state of health and sanitation of the community; and 32 13.3 lssue clirecti vcs upon recommcndation or the local heal th ol t 1ccr t·or lhc prevention and control of any untoward circumstances that may jeopardize public health and safety. SECTION 14. PENAL PROVISION 14.1 Any person who shall violate, disobey, refuse, omit, or neglect to comply with any of the provisions of these implementing rules and regulations, shall be guilty of misdemeanor and upon conviction shall be punished by imprisonment for a period not exceeding six (6) months or by a fine not exceeding Php 1,000.00 or both depending upon the discretion of the court. 14.2 Any person who shall interfere or hinder, or oppose any officer, agent or member of the Department of Health or of the bureaus and offices under it, in the perfonnance of his duty as provided for under these mies and regulations, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of these rules and regulations shall be guilty of misdemeanor and punishable upon conviction by imprisonment for a period not exceeding six (6) months or by a fine not exceeding Php 1,000.00 or both depending on the discretion of the court. SECTION 15. SEPARABILITY CLAUSE In the event that any rule, section, paragraph, sentence, clause or words of these implementing rules and regulations is declared invalid for any reason, the other provisions thereof shall not be affected thereby. SECTION 16. REPEALING CLAUSE Ali pertinent rules and regulations which are inconsistent with the provisions of these implementing rules and regulations are hereby repealed or amended accordingly. SECTION 17. EFFECTIVITY These rules and regulations shall take effect after fifteen ( 15) days from date of publication in the official gazette or a newspaper of general circulation. Approved on this 30th day of April nineteen hundred ninety eight, Manila, Philippines. a. . fi.L,A ~ CARMENCITA NORI~R~JléA:M.~.P.H., CESO II Date of Publication: 26 June I 998 Manila Standard Secretary of Health 33 The Department of Health sincerely appreciates the dedication and enthusiasm of Dr. Mario C. Villave~de, Director of the Environmental Health Service for his rok in bringing these Implementmg Rules and Regulations (IRRs) from concept to reality. It is also worth mentioning the enduring commitment of the Environmental Sanitation Division headed by Engr. Victor V. Sabandeja together with his technical staff in the r,1ans, Prograrns and Policies ~ormulation Section narnely: Engr. Antonio A. Hormillosa, FA1gr . .John C. Foz, Engr. Lms F. Cruz, Engr. Reynante C. Francisco, Engr. Pamela A. Mogol and Engr. Joselito M. Riego de Dios for their invaluable contributions in the rcvision and refinemcnt of this document. Dccp scn~c of gratillldc is also givcn to the agencies, associations and organizations who shared t he1r m~1ghts and experiences during the writeshops, consultative meetings and series of public hearmgs conducted nationwide. Their struggles, arguments and even temporary setba~ks !iave enforced feasible sanitation laws. The following agencies, associations and orgamzat1ons pursued their ongoing interests, invaluable comments and contribution to these efforts: 1. 2. 3. 4. 5. 6. 7. 8. 9. C. Mctro Mani la Development Authority, Makati City Philippine Society of Sanitary Engineers, Inc., Manila Department of Environment and Natural Rescources, Baguio City, Davao City, Iloilo Cay, NCR, Mountain Province Department of Agriculture, Davao City, Iloilo City Department of Trade and Industry, Davao City, Iloilo City National Meat Inspection Commission, Quezon City, CAR-Baguio City, Davao City, Iloilo City Dcpartment of Labor and Employment - CAR - Baguio City, Iloilo City Bureau of Animal lndustry, Quezon City Philippine Information Agency, Iloilo City 10. Office for Public Health Services, Department of Health, Manila Office for Legal Affairs, Department of Health, Manila 11. 12. 13. Health Policy Development Staff, Department of Health, Manila Department of Health Regional Offices 14. Provincial Health Offices of Misamis Oriental, Davao Oriental, Misamis Occidental, Davao del Sur, Aklan, Capiz, Antique, Guimaras, Ilocos Sur, Aurora, Zambales 15. C!ty/Municipal ~ealth Offices of Cagayan de Oro, Davao City, Gingoog City, Oroquieta Cny, B~colod C1ty, Sagay Cit~, La Carlota City, Cadiz, Cadiz City, San Carlos City Bago C'.ty, Roxas City, Cebu City, Tacloban City, Iloilo City, Baguio City, Laoag City, La Trm1dad, Benguet, Cavite City, Makati City, Quezon City 16. Engr. Simon M. Cuevo, City Health Department, Manila 17. City Veterinarian Office, Baguio City 18. Soiltech, San Fernando City, La Union 19. Benguet Mining Corporation, Baguio City UKK Farm, Davao City 20. 21. Davao Fresh Food Corporation, Davao City .:.1.. t. lau(II0 l'oultr) l·arm, LJ;]\d() UI) 23. Piggery Association, Baguio City 24. Bacnotan Steel Corporation, San Fernando City, La Union 25. Ecano Meta! Craft, Manila 26. Pangasinan Farm, Dagupan City 27. Sa11: Miguel Corporation, Bacolod City 28. Formix Feeds, Iloilo City Recognition is hereby extended to the fotlowing DOH personnel who compassionately nurtured the spirit of collaborative effort in the final review and approval of the manuscript: l. Dr. Antonio S. Lopez Undersecretary of Health Office for Public Hcalth Services 2. Atty.Agustin C. Mangila V Director III Office for Legal Affairs 3. Ms. Myleen Meniado-Beltran Officer-in-Charge Health Policy Development Staff The Department of Health enjoins ail agencies especially the Local Govemment Executives in meeling the demands and challenges for a healthful living environment as we enter our joumey for economic development towards Philippines 2000. ~~ \A·A~1A.t,v CARMENCITA NORIEGA-~E6~I~;, ~.D.,M.P.H., CESO II Secretary of Health