Title
Sports Scuba Diving Business Regulations
Law
Pcssd
Decision Date
May 15, 1992
The Rules and Regulations Governing the Business of Sports Scuba Diving in the Philippines (LOI No. 745) is a law that requires licensing and accreditation for individuals and establishments involved in sports scuba diving, with specific requirements and penalties outlined for non-compliance.

Questions (Republic Act No. 2038)

A “license” is the privilege or authority granted by PCSSD to own, operate, and maintain a scuba diving establishment. “Accreditation” is a certification issued by PCSSD recognizing compliance with minimum standards of the specific establishment (e.g., dive resorts and tour operators may be accredited upon DOT license).

No. The Rules mandate licensing: no person, natural or juridical, may operate or manage a scuba diving establishment without first being licensed by PCSSD. Allowing premises to be used as such without the requisite license is also an offense.

Individuals desiring to instruct/assist in training or conduct related activities, and establishments organized under Philippine laws and duly registered with appropriate agencies engaged in sports scuba diving activities for a fee.

The branch/extension office must first be licensed by the Commission. A registration annual fee equal to 25% of the license fee is collected per branch/extension office.

Among others: Coast Guard and coastwise trade license for paying passengers; business license/permits; certificate of ownership of vessel; managerial personnel list; complete equipment list with photos; safety equipment and trained personnel certification; current third-party liability accident insurance; and a surety bond of at least P5,000. If with accommodation facilities: bunk beds/mattress specs, dining area capacity, toilet/shower per passenger ratio, drinking water at least 40 liters per person per tour day, and at least two service boats.

Establishment annual license fee: Dive Boat Operator P2,000; Professional Dive Center P2,000; Dive Facility P2,000. Individual annual license fee: Dive Instructor P1,000; Assistant Dive Instructor/Divemaster P750.

It is valid for one (1) calendar year and expires on the last working day of the year.

They must display: (1) the current and appropriate PCSSD license of the dive establishment; (2) the list of diving professional and technical staff employed/contracted with their positions; and (3) the current and appropriate PCSSD license of dive professionals and technical staff whenever applicable.

They are issued license cards they must carry whenever practicable; cards remain valid for one (1) calendar year.

A written notice of loss must accompany the request for replacement. Replacement must be issued within one (1) month from notice, and the applicant must pay a replacement cost of P100.00.

Renewal must be filed on or before December 1. Late applicants are fined 50% of the scheduled fee.

Examples include: non-compliance/non-submission for renewal; violation of PCSSD rules; fraudulent representation by the CEO/manager; gross bad faith or fraudulent solicitation; opening branches without approval; tolerance of gross misconduct/misrepresentation harming clients or marine conservation; employing unlicensed diving instructors/divemasters or without proper working visa/work permits; failure to pay required fines/fees/dues; failure to notify changes in personnel within set timelines; failure to obey PCSSD orders; and violations of tourism/marine conservation laws and related orders.

At least 80% of the staff members must be Filipino citizens, and staff must be of good moral character and not convicted of a crime involving moral turpitude.

Yes. Broadcast or print advertisements must conform to the advertising ethical standards set by the domestic advertising industry association.

Certain controlled equipment may not be sold/rented/loaned/transferred unless a record is made showing the name, address, and diving certificate card (or other reputable proof) of the vendee/rentee/transferee. Additionally, dive centers/facilities must limit rentals of specified equipment to one set per certified diver (with specific maximums for high-pressure cylinders).

Courses must be conducted by a licensed and certified instructor/assistant instructor with current teaching status. Complete records of each student must be kept on file for at least five (5) years.

Cylinders must have a hydrostatic test date of not more than five (5) years; customers must present proof of diving certification; professional dive centers must keep airfill records including cylinder serial number and hydrostatic test date as part of compressor logs; compressors must be maintained and filters changed per manual/manufacturer specifications; a daily operations logbook must be kept.

Complaints must be under oath/affirmation and include required details. Upon receipt, PCSSD furnishes a copy to the respondent and requires the respondent to file a written answer within seven (7) working days from receipt. Proceedings are non-litigious and summary in nature; hearings may involve sworn testimony and evidence without being strictly bound by court technical rules on evidence.


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