Implementing rules for nuisances under PD 856

Coverage: establishments and premises

The rules cover all establishments or entities and public or private premises.
The rules cover premises likely to produce nuisances, including: (1) places maintained and used in a manner injurious to health; (2) breeding places and harborage of vermin; (3) animals and their carcasses injurious to health; (4) accumulation of refuse; (5) noxious matter or wastewater discharged improperly in streets; (6) animal stockades maintained injurious to health; (7) excessive noise; and (8) illegal shanties on public or private property.
The rules cover establishments engaged in offensive trades and occupations, including soap boiling, guts cleaning, boiling of offal, bone, fat or lard (permissible if done in a public slaughterhouse under prescribed regulations), manufacturing of glue or fertilizer, skin curing, scrap processing, manure storing, lime burning, lye making, and any manufacturing process using lead, arsenic, mercury, phosphorous, or other poisonous substances (permissible in pharmacy practice and in printing using ready-made lead types).
The rules expressly include establishments involved in producing, handling, storing, transporting, selling, distributing, using, processing, and disposing any product or substance considered as a nuisance, and establishments engaged in offensive trades and occupations.

Key definitions and regulated actors

An “establishment” includes all firms, institutions, entities, and their premises, facilities, equipment, and machinery engaged in nuisance-related activities or offensive trades and occupations.
A “nuisance” is anything that injures health, endangers life, offends the senses, or produces discomfort.
An “objectionable odor” is any odor that is or may be harmful or injurious to human health or welfare, unreasonably interferes with comfortable use and enjoyment of life and property, or creates a nuisance.
An “operator” is the person or group of persons who owns, leases, operates, manages, supervises, or controls an establishment, its premises, and facilities.
A “sanitary permit” is a written certification issued by the local health officer (or, in his absence, the sanitation unit chief) attesting compliance with sanitation requirements after evaluation or inspection under Presidential Decrees Nos. 522 and 856 and local ordinances.
A “sanitation inspector” is an officer employed by the national, provincial, city, or municipal government who enforces sanitary rules and laws and implements environmental sanitation activities under the supervision of the local health officer/sanitary engineer.
A “local health authority” is the governor (for provinces) or the mayor (for cities/municipalities).
A “local health officer” is the provincial, city, or municipal health officer.

Sanitary permits: filing, fees, validity

Establishments likely to produce a nuisance and establishments engaged in offensive trades and occupations must secure a sanitary permit issued by the local health officer before they may operate.
Any extension or additional construction or alteration requires a new sanitary permit before operation.
Applications for issuance or renewal must be filed with the local health office having jurisdiction over the establishment.
A sanitary permit is issued only upon compliance with at least a satisfactory rating using the sanitary inspection of establishment (EHS Form No. 103-C).
Fees for application, renewal, and noting are paid to the local government unit, and the amount of fees is set through local ordinance.
When there is a change of ownership or occupancy, the new operator must apply to have the change noted within fourteen (14) working days and must pay the corresponding fee for noting.
A sanitary permit is valid for one (1) year, from the day of issuance until the last day of December of the same year, and it must be renewed at the beginning of each year thereafter.
Upon recommendation of the local health officer, a sanitary permit is suspended or revoked by the local health authority upon violation of any sanitation rules and regulations.
The sanitary permit must be posted in a conspicuous place and made available for inspection by authorized health and regulatory personnel.
Local health offices must keep records showing: the actual operator, establishment location, kind of business, issuance and renewal dates, changes in occupation/management since the first permit, sanitation conditions under which permit/renewal was granted, and revocation of the sanitary permit.
The records must be available at reasonable times for inspection by authorized officers of the Department of Health or the local government unit.

Personnel, health certificates, and hygiene

The operator and employees must secure a health certificate (EHS Form No. 102-B; cream in color) issued by the local health officer after required physical/medical examinations and immunizations.
Health certificates must be renewed at least once a year or as often as required by local ordinance.
Health certificates must be visibly clipped on the upper left front portion of the employee’s uniform; where impractical, the certificate must be available upon inspection.
Health certificates are non-transferable.
Employees must observe personal hygiene, including wearing clean appropriate working garments and washing hands with soap and water before/after working, after smoking, after using the toilet, after coughing, after sneezing into hands, and as often as necessary to remove dirt and contaminants.
Employees must observe personal health and safety practices, including: no smoking, no drinking alcoholic beverages, no eating, no spitting or blowing of nose, no littering, no unnecessary chatting or distraction, and other practices required by the nature of work.
Workers suffering from a contagious or communicable disease must be immediately reported to the operator and referred for treatment.
The operator must provide and ensure use of personal protective equipment (PPE) consistent with Chapter VII (“Industrial Hygiene”) of P.D. 856, its implementing rules, and Occupational Safety and Health Standards under the Labor Code.

Sanitary facility requirements

Drinking water must conform to Chapter II (“Water Supply”) of P.D. 856, its implementing rules, and Philippine National Standards for Drinking Water.
Water sources (private or public) must supply at least forty (40) liters per capita per day and adequate pressure of 1.41 kilogram per square centimeter (20 psi).
All food and drinks handled, stored, prepared, or served must conform to Chapter III (“Food Establishments”) of P.D. 856 and its implementing rules.
Sewage, stormwater, and wastewater must be discharged in compliance with Chapter XVII (“Sewage Collection and Disposal, Excreta Disposal and Drainage”) of P.D. 856 and its implementing rules.
Effluent quality must meet minimum standards and requirements set by the Department of Environment and Natural Resources and other concerned agencies.
Plumbing must comply with the National Plumbing Code of the Philippines.
Refuse disposal must follow Chapter XVIII (“Refuse Disposal”) of P.D. 856, implementing rules, other pertinent laws, rules, and regulations, and local ordinances.
The operator must maintain a vermin abatement program conforming to Chapter XVI (“Vermin Control”) of P.D. 856 and its implementing rules.
During vermin control operations, foods (including food preparation equipment and animal feeds) must be covered to prevent contamination, and animals must be protected from toxic chemical substances.
Toilet, bath, and handwashing facilities must be located within 25 meters (82 feet) of the service area.
Adequate plumbing fixtures must be provided; at minimum, the rules impose Table 1 fixture counts by number of employees, and require one (1) additional fixture unit for differently-abled employees.
Male and female toilet rooms must be separately provided and clearly marked.
The minimum toilet/bath area is 1.20 square meters with a minimum dimension of 0.90 meter.
Toilets and bathrooms must be properly located, lighted, and ventilated; maintained regularly; and supplied with toilet paper (and/or holders), soap, soap dispensers, and paper towels at all times.
Hand drying must use paper towels or hot air machines; a mirror must be installed in every toilet room.
Toilet windows must be above eye-level and provided with No. 16-meshscreen unless otherwise air-conditioned.
All toilet/bath doors must open outward and be self-closing.

Construction and operational design standards

Building design, construction, use, occupancy, and maintenance must follow the National Building Code of the Philippines (P.D. 1096), its implementing rules, and other local laws and ordinances.
Plans and specifications must be submitted to the local health officer for review and approval before construction, operation, alteration, or renovation; plans must be submitted in duplicate copies.
The permit to construct/operate/alter/renovate must be filed using forms issued by the local health office with supporting documents needed for proper plan review.
The establishment must be built/renovated strictly according to approved plans unless written approval of changes is obtained from the local health officer.
The operator must notify the local health officer at predetermined construction stages and at completion to allow inspection during and after construction.
The establishment or altered/renovated portions must not be placed in operation until inspection shows compliance with these rules.
Rooms where excessive noise or vibration is produced must use sound-resistant walls extending to the ceiling.
Walls cannot have open spaces or cracks that provide vermin harborage.
Interior sanitary facility walls must use smooth and impervious material with minimum height of two (2) meters (6.56 feet); higher walls must be light-colored.
Partition walls between water closets must be at least two (2) meters (6.56 feet) high and end thirty (30) centimeters (1 foot) above the floor.
Ceilings must be smooth, light-colored, and non-toxic.

Inspections, evaluation, and enforcement

The local health officer must cause evaluation and inspection of every establishment requiring a sanitary permit at least every three (3) months, and must conduct additional inspections as needed for enforcement.
Inspection fees are those prescribed by local ordinance.
Every sanitation inspection must be covered by a mission order (EHS Form No. 112) issued by the local health officer or chief of sanitation division/section/unit, as applicable.
A mission order must state: date, mission order number and series, inspector name and ID number, business name/address, establishment categories, and scheduled inspection dates, and must be shown to the owner/operator before inspection.
Sanitary inspection without a mission order is prohibited.
Sanitation inspectors must wear the prescribed uniform with proper identification while inspecting and must bring necessary inspection equipment and forms.
The frequency of inspection shall be at least once every three (3) months).
Sanitary engineers/sanitation inspectors must keep records of inspections/evaluation reports in inspection form (EHS Form 103-B) and must furnish the original report to the operator.
The inspection form has twenty (20) items; non-complying items are marked with an (X); each such item is weighted with a demerit of 5; the sanitation rating equals 100 less (number of demerits × 5) and is expressed as a percentage (%) rating.
Establishment sanitation standards by percentage rating are: 90–100% = Excellent (Luminous Green); 70–89% = Very Satisfactory (Luminous Yellow); 50–69% = Satisfactory (Luminous Red).
Establishments with a percentage rating below 50% must be recommended for suspension of operation until compliance.
A sanitation standard rating sticker (SSRS, EHS Form No. 104-A/C) must be posted conspicuously (preferably near the door) for customers and must be updated once every three (3) months) unless revoked earlier.
At year-end, the local health officer/chief of sanitation division/section/unit evaluates the average sanitation standard to determine improvement/maintenance.
When an inspection report indicates non-complying items, inspectors must notify the operator of specific corrective measures and provide a reasonable compliance period that includes Saturdays, Sundays, and holidays.
Inspectors must prepare a sanitary order (EHS Form No. 107) for approval by the local health officer or sanitation unit chief.
Within 48 hours of inspection/evaluation, the original inspection report (EHS Form No. 103-B) and the sanitary order must be furnished and acknowledged by the permit holder/operator, either by personal delivery or by postal service registered with return card.
After re-inspection following the deadline, if corrections are not effected, the inspector reports to the local health officer, who must recommend to the local health authority the revocation of the sanitary permit.
If an inspection/evaluation indicates non-complying items, the local health officer issues a sanitary order requiring remedial action within the grace period.
If the first sanitary order is not complied with, the local health officer may issue a second notice:
- The operator may request an extension of the grace period in writing before expiration of the first sanitary order.
- The local health officer must issue a Notice of Hearing (EHS Form No. 118) requiring the operator to show cause why the permit should not be revoked.
After prior notices and hearing, if the terms are not complied with or failure is not excusable, the local health officer recommends permit revocation to the local health authority.
After the second sanitary order on an extended grace period, re-inspection showing failure to comply leads the local health officer to recommend revocation without delay and to inform other related agencies in the city/municipality.
Lifting of a suspension may be recommended when the operator complies with the notices.
The operator may file a motion for reconsideration to the local health authority if not satisfied with the local health officer’s action.
The local health authority may file court proceedings against any establishment that continuously operates after revocation of its permit.
Summary suspension applies when unsanitary or unhealthy conditions constitute a substantial hazard to public health; the local health officer may recommend immediate suspension, and any person to whom the order is issued must receive a hearing within 48 hours upon written petition.
Appeals from the hearing decision are final and executory: the hearing panel may confirm, modify, or reverse the decision, and the resulting decision is final and executory.
Inspectors and duly authorized officers may enter establishments or premises at reasonable times upon presentation of proper credentials for inspection and administration of these rules.
The local health authority may conduct hearings regarding erring establishments, including appeals, and its decision is final and executory.

Specific nuisance prohibitions and limits

Refuse or other noxious waste may not be disposed in public or private premises unless the site is designated for that purpose and approved by the local health office or other concerned regulatory agencies.
By-products such as bagasse and rice hulls must not be stored or dumped in open/exposed areas without covering or protective material preventing scattering by wind.
Structures/materials/equipment/machinery/vehicles abutting public streets or sidewalks must not obstruct traffic and passer-by passage.
Decayed, damaged, or termite-damaged structures, or structures declared “condemned,” that are assessed by the health officer as having questionable structural integrity and constituting a hazard to public health and safety must be demolished within a reasonable time ordered by the local officer after due written notification to the owner/operator.
Machinery, equipment, structures, materials that are unprotected, unguarded, insanitary, or situated/operated as a nuisance must be confiscated or abated within thirty (30) days after assessment by the local health office and written notification to the owner/operator.
Establishments emitting dense smoke or noxious fumes/vapors/gas/dust/soot/cinders in unreasonable or toxic quantities that adversely affect health and sanitation must be declared a nuisance and handled accordingly by the local health officer.
Establishments processing and manufacturing explosives, inflammable liquids, and other toxic and hazardous substances must be located 300 meters away from densely populated areas (residential, commercial, and institutional areas).
Premises/buildings/structures constructed, altered, or operated in violation of P.D. 856, the Building Code (P.D. 1096), the Civil Code, their implementing rules and regulations, and other local laws/ordinances must be declared a nuisance, and the local health officer may order the operator in writing to correct or remove the nuisance within a reasonable time.
Vermin control is the responsibility of the owner/operator; the owner/operator must control vermin and breeding places within the establishment or premises.
Weed, grass, and bush growth outside or inside the premises and in vacant lots must be controlled to prevent breeding/harborage of harmful insects and animals.
Dangerous and toxic chemicals used in spray or mist form for weed control may not be used in concentrations exceeding the maximum permissible standards set by the Fertilizer and Pesticide Authority and other concerned regulatory agencies.
A dead animal must be disposed by its owner within twenty-four (24) hours after death in a manner compliant with refuse disposal rules and local ordinances.
When the owner of a dead animal disposed in any private or public place is unknown, the local health officer may direct a representative to bury it in compliance with refuse disposal rules and local ordinances.
Segregation, storage, collection, transport, and final disposal of refuse must follow refuse disposal provisions of P.D. 856, implementing rules, other laws, and local ordinances.
Storing and drying of manure must be done at a minimum distance of 500 meters from residential, commercial, or industrial areas or as approved by the local health officer, considering objectionable odors.
Noxious matter or harmful substances may not be disposed into streets, roads, alleys, bodies of water, pathways, or places not approved by the local health officer or other concerned regulatory agencies.
Sewage or wastewater discharged without prior treatment into streets/roads/alleys/bodies of water/pathways, or used to water street plants, and which is likely to affect health, cause pollution, or contaminate wells/springs/drinking water sources must be declared a nuisance and corrected/removed by the owner/operator within twenty-four (24) hours.
Animal stockades must be kept reasonably clean and free from accumulation of manure and other refuse.
Animal stockades must have impervious flooring with no cracks/crevices and proper slope of 2% for drainage.
Animal stockades must provide adequate water for drinking/cleaning/domestic purposes and must meet specified minimum water requirements:
- Table 7 minimum water for piggery (liters/day and gallons/day) for sow, boar, and fattener, and the rule to provide 75 liters/day (20 gallons per day) per square meter of stockade per clearing during cleaning period.
- Table 8 minimum water for poultry (liters/day and gallons/day) for hens, chicks, and quails, and the rule to provide 75 liters/day (20 gallons/day) per square meter per clearing during cleaning period.
Every animal stockade/enclosure must provide a watertight, easy-to-carry, vermin-proof manure/litter receptacle that is covered except during emptying and preferably disinfected after every use; no manure may accumulate except in the receptacle.
Domestic animals must be under effective control by owner/operator; stray animals must be impounded by the local government unit.
Livestock temporarily confined in abattoir/slaughterhouses are covered by the market/abattoir provisions of P.D. 856.
Commercial livestock operations must observe location and buffer requirements including: compliance with zoning; health officer suitability where zoning is absent; no livestock stockade within twenty-five (25) meters from drinking water sources; no operation in flood-prone areas/depressions with heavy run-off; no commercial livestock stockade within 100 meters (328 feet) from any place of human habitation; a buffer zone of at least five (5) meters around lot boundaries planted with trees/shrubs where possible; livestock industry at least 500 meters away from national roads/highways; no future urban expansion/development in the area within five (5) years; construction to remain reasonably clean and sanitary; and satisfaction of minimum space requirements to prevent overcrowding.
Minimum space requirements are imposed by Tables 9–12 for swine, poultry, goat, and cattle stockades.
Establishments selling pet animals within a commercial area must locate at least 25 meters away from any food establishment.
Disinfection frequency for animal stockades and premises likely to be contaminated must be maintained at least three (3) times a week or as directed by the local health officer.
Animal stockades must have sufficient ventilation with an exhaust system delivering a minimum of 1 cubic meter of air per minute at 10 air changes per hour to minimize objectionable odors.
All places including animal cages/pens must be kept clean as often as possible to prevent vermin attraction/harborage.
Animal and poultry feeds must be stored in conditions that limit vermin attraction/harborage.
Residents may file a written complaint with the local health officer regarding nuisance animals/stockades; the local health officer must notify and suggest procedures, and if the operator/owner fails to abate within thirty (30) days after notification (or within a shorter time ordered), the local health officer must prohibit keeping of the animal or further use of the stockade.
Excessive noise must be created by establishments located in designated areas under zoning laws and local ordinances.
Persons exposed to noise exceeding maximum allowable noise levels must be provided with appropriate PPE.
The pollution control noise rules under P.D. 984 are adopted for these implementing rules.
Maximum allowable noise levels in general areas are set by Table 13, with classes AA, A, B, and C, measured in dB for day and night periods defined as: Morning 5:00 a.m. to 9:00 a.m., Daytime 9:00 a.m. to 6:00 p.m., Evening 6:00 p.m. to 10:00 p.m., and Nighttime 10:00 p.m. to 5:00 a.m.
Noise measurement must use a standard sound level meter meeting ANSI S1.4-1974 or other DENR-accepted specifications.
When noise nuisance is subject of residents’ complaint, the local health officer must notify the owner/operator to abate, and if failure to abate occurs within thirty (30) days after notification (or within a shorter time prescribed), the local health officer must prohibit the nuisance or provide measures to prevent it at the expense of the owner/operator or concerned person.
Illegal shanties include structures erected/extended for habitation/storage/recreation/commercial/business uses outside the owner/operator perimeter of jurisdiction or apart from legally declared property line.
Public/private property used without consent of the owner for pathways/access, parking, or other purposes is treated as a nuisance.
Other nuisance types include objectionable odor; unnecessary vibration and radiation; noxious weeds/shrubs in public places; decayed/unwholesome/contaminated foods/drinks offered for sale; persons/animals with contagious/communicable disease exposed to the public; distribution/sale of unapproved medicines/drugs/cosmetics by Bureau of Food and Drugs; second-hand bedding/sleeping/resting materials offered for sale; and other resident-complained items jeopardizing health/sanitation/safety, which the local health officer must investigate and order remedial sanitation procedures.
If an owner/operator fails to abate a nuisance within thirty (30) days after notification or within a shorter time prescribed, the local health officer must prohibit the nuisance or provide measures to stop/prevent it at the owner/operator’s expense.

Offensive trades: permit and compliance duties

Establishments engaged in offensive trades and occupations must secure a sanitary permit from the local office.
The operator and employees must secure health certificates from the local health office.
Offensive-trade establishments must comply with Chapter VII (“Industrial Hygiene”) of P.D. 856 and its implementing rules and regulations.
Occupational safety and health must comply with Occupational Safety and Health Standards formulated by the Department of Labor and Employment under the Labor Code.
All effluents and emissions must remain within maximum permissible levels/standards set under P.D. 984 (“Pollution Control Law”) and other DENR administrative orders/rules/regulations.

Operator duties: ongoing responsibilities

Operators of establishments likely to produce a nuisance and establishments engaged in offensive trades and occupations must comply with sanitation requirements under these implementing rules and P.D. 856 and its implementing rules.
Operators must ensure the sanitation condition of the establishment.
Operators must promote good personal hygiene, ensure employee health certificates are updated, and ensure employee safety and comfort.
Operators must provide regular training programs and instructions on safety and proper operation and maintenance.
Operators must provide adequate sanitary facilities, PPE, and necessities promoting health, safety, and sanitation.
Operators must renew the sanitary permit every year.
Operators must assist health authorities in conducting inspection.
Operators must ensure processes and materials are environment-friendly.
Operators must orient and provide regular training seminars, programs, and instructions on environmental health and sanitation and on existing laws and rules and regulations on environmental health and sanitation.