Title
Implementing rules for nuisances under PD 856
Law
Doh
Decision Date
Apr 30, 1998
The Implementing Rules and Regulations (IRR) of Chapter XIX of Presidential Decree No. 856 (PD 856) in the Philippines defines various terms used in the law, providing clarity and understanding of their meanings in relation to establishments, entities, and premises that may produce nuisances or engage in offensive trades and occupations.

Questions (DOH)

It covers all establishments or premises—public or private—that are likely to produce nuisances (e.g., refuse accumulation, vermin harborage, improperly discharged wastewater, excessive noise, illegal shanties, etc.) and those engaged in offensive trades and occupations (e.g., soap boiling, guts cleaning, lime burning, certain lead/arsenic/mercury-using processes, etc.).

Establishments likely to produce a nuisance and establishments engaged in offensive trades or occupations must secure a Sanitary Permit issued by the local health officer before operating.

Yes. Any extension or additional construction or alteration requires a new sanitary permit before the establishment can operate.

With the local health office having jurisdiction over the establishment.

One (1) year, from the day of issuance until the last day of December of the same year, renewable every beginning of the year thereafter.

Upon recommendation of the local health officer, the local health authority may suspend or revoke for violation of sanitary rules and regulations.

A Health Certificate is written certification issued by the local health officer after the required physical/medical examinations and immunizations. The operator and employees of establishments covered by these rules must secure it.

At least once a year, or as often as required by local ordinance.

Examples include: wash hands with soap and water before/after working and after toilet use or coughing/sneezing into hands; no smoking; no drinking alcoholic beverages; no eating; no spitting or blowing of nose; no littering; and other practices required by the nature of work.

Sanitation inspections require a mission order (EHS Form No. 112) that must be shown to the owner/operator before inspection; inspections without a mission order are prohibited.

At least every three (3) months, with additional inspections/re-inspections as deemed necessary for enforcement.

The inspection form has 20 items; each non-complying item carries 5 demerits, and the rating is expressed as a percentage (100 minus demerits×5). Establishments below 50% are recommended for suspension of operation until compliance.

The inspector notifies the operator of specific corrections and provides a reasonable compliance period; a sanitary order is prepared for approval by the local health officer. The operator must be served a sanitary order requiring remedial action within the grace period; if not complied, additional notice(s) and show-cause hearing may follow.

If the local health officer finds unsanitary or unhealthy conditions that constitute a substantial hazard to public health, the officer may recommend immediate suspension. Any person to whom the order is issued may petition and must be afforded a hearing within 48 hours.

The owner/operator must act, correct, or remove the sewage/wastewater within twenty-four (24) hours.

The owner must dispose of a dead animal within twenty-four (24) hours after its death, in a manner compliant with refuse disposal requirements.

They must be located in designated areas consistent with zoning laws. It also sets maximum allowable noise levels by time and area classification and adopts the Pollution Control Law rules for noise control, with enforcement upon complaints and failure to abate within the grace period.


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