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.

Definitions

  • Provides clear definitions of key terms such as abattoir, animal stockade, domestic animal, establishment, health certificate, lime burning, manure, noise, nuisance, offensive trades, operator, sanitary inspector, sanitary permit, and vermin, among others.

Sanitary Permit

  • Sanitary permit required before operating any establishment likely to produce nuisance or engaged in offensive trade.
  • New permits needed for construction, extension or alteration.
  • Issuance conditioned on satisfactory sanitary inspection.
  • Fees set by local ordinance, permit valid one year, requires renewal.
  • Permit can be suspended or revoked upon violations.
  • Must be conspicuously posted and records maintained by local health office.

Personnel Requirements

  • Operators and employees must secure annual health certificates after physical exams and immunizations.
  • Health certificates must be visibly worn or shown during inspection.
  • Employees must practice good personal hygiene and safety measures including no smoking, drinking, eating, or spitting on duty.
  • Sick workers with contagious diseases must be reported.
  • Personal protective equipment (PPE) must be provided in compliance with industrial hygiene standards.

Sanitary Facilities

  • Drinking water must meet national standards with minimum supply and adequate pressure.
  • Food and drinks must conform with sanitation laws.
  • Proper sewage disposal and drainage required.
  • Solid waste, manure, and vermin control must follow sanitation rules.
  • Toilet, bath, and handwashing facilities must meet minimum fixture numbers, be properly located, ventilated, and maintained.

Construction Requirements

  • Must comply with National Building Code and local laws.
  • Plans require approval by local health officer before construction, alteration or renovation.
  • Walls must prevent vermin harborage; ceilings smooth and light-colored.
  • Windows providing 10% of floor area for natural ventilation or mechanical ventilation to standards.
  • Floors made of impervious, cleanable materials.
  • Adequate lighting and ventilation standards specified.
  • Noise and vibration controls required per safety standards.

Safety Requirements

  • Occupational health and safety standards apply.
  • Emergency numbers posted.
  • Medical services and first aid supplies provided according to workforce size.
  • PPE provided for all employees.
  • Fire protection per Fire Code; drills conducted biannually.
  • Electrical and mechanical systems must meet relevant codes.
  • Accessibility for differently-abled persons ensured per law.

Specific Nuisance Provisions

  • Disposal sites strictly regulated; no obstruction of public passage.
  • Vermin breeding places controlled by owners.
  • Dead animals disposed within 24 hours; unknown carcasses disposed by local health officer.
  • Refuse segregation, storage, and disposal regulated.
  • No improper discharge of noxious substances or wastewater; immediate correction required.
  • Animal stockades to meet cleanliness, space, water supply, ventilation, and location standards; stray animals impounded.
  • Excessive noise regulated by zoning and decibel limits; protective equipment required.
  • Illegal shanties considered nuisances.
  • Other nuisances like objectionable odors, decayed food, unapproved drugs addressed with notice and abatement periods.

Offensive Trades and Occupations

  • Sanitary permits and health certificates mandatory.
  • Compliance with industrial hygiene and occupational safety standards required.
  • Emissions and effluents must meet pollution control standards.

Inspection and Evaluation

  • Local health officer conducts quarterly inspections.
  • Inspections require mission orders and inspector identification.
  • Inspection reports with sanitation ratings issued; below 50% rating triggers suspension recommendation.
  • Sanitary orders issued specifying corrective actions and grace periods.
  • Failure to comply results in permit revocation.
  • Operators may appeal decisions.
  • Authorized officers have entry and inspection powers.

Responsibilities of Operator

  • Must comply with sanitation code requirements.
  • Maintain establishment sanitation.
  • Ensure employees' hygiene and health certifications.
  • Provide safety, sanitary facilities, PPE, and training.
  • Assist health authorities in inspections.
  • Promote environmental awareness among employees.

Responsibilities of Local Health Officer

  • Conduct inspections, investigate complaints.
  • Coordinate with Department of Health.
  • Issue sanitary permits.
  • Promote education and preventive measures.

Responsibilities of Local Health Authority

  • Enact local ordinances for enforcement.
  • Support health officers with resources and training.
  • Issue directives for public health.

Penalties

  • Violations punishable by imprisonment up to six months, fines up to Php1,000, or both.
  • Interference with officers or removal of notices also penalized similarly.

Separability and Repealing Clauses

  • Invalidity of any provision does not affect others.
  • Inconsistent rules repealed or amended.

Effectivity

  • Rules take effect 15 days after publication in official gazette or newspaper.

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