Law Summary
Definitions
- Dormitory/Boarding House: Structures accepting boarders for compensation, classified by capacity:
- Class A: 21 or more boarders
- Class B: 10 to 20 boarders
- Class C: Less than 10 boarders
- Boarders: Students, working minors, or persons residing in these establishments for consideration.
- Owner: Natural or juridical persons who own or manage such establishments.
- Permits and Licenses: Required authorizations for operation, issued annually.
- Administrative Penalties: Monetary fines imposed for ordinance violations as an alternative to criminal prosecution.
Permit and Licensing Requirements
- Operating a dormitory or boarding house without a permit and license from the Mayor is unlawful.
- Permits specify the approved number of boarders and must be displayed conspicuously.
- Owners need to submit detailed statements on construction, room sizes, sanitary facilities, ventilation, and staffing.
- Class A dormitories must have Personal Accident Insurance covering injuries or death from accidents.
- Annual renewal requires a registry of boarders and sworn compliance statements.
- Fees vary by classification:
- Class A: Php 750
- Class B: Php 500
- Class C: Php 350
Registration of Boarders
- All boarders must register with name, address, age, school/workplace, and guardian details if minors.
- Visitor log-in and log-out records are required.
- Registry must be maintained annually by owners.
Premises and Facilities Standards
- Male and female facilities must be separated.
- Construction must use fire-resistive materials complying with national building codes.
- Fire safety features include proper exits, fire escapes, alarm systems, and fire-fighting equipment.
- Rooms must meet specific space, light, and ventilation requirements.
- Bedrooms require a window area of at least 10% of the floor area unless air-conditioned.
- Separate dining, study, receiving rooms and kitchen facilities must be provided, with size specifications.
- Sanitary requirements include at least one shower, lavatory, water closet, and floor drain per 10 boarders.
- Water supply must be safe and adequate.
- Garbage disposal must use fly-proof, water-tight receptacles cleaned regularly.
- "No Smoking" signs must be prominently posted.
Lighting and Ventilation
- Adequate natural or artificial lighting in all rooms and passageways.
- Minimum illumination level for reading and study areas is 50 lux.
- Electrical installations must comply with the Electrical Code and be inspected periodically.
- Bedrooms require a minimum height of 3 meters (2.5 meters if air-conditioned) and adequate air space per occupant.
Annual Building Inspection
- Dormitories and boarding houses must undergo annual inspection and secure certificates from the Building Official.
- Specific structural requirements for buildings over three stories or accommodating over 100 persons.
- Common violations include dilapidated structures, inadequate emergency exits, plumbing defects, and sanitation issues.
- Violations must be rectified before certification.
Health Certificates for Personnel
- Food handlers and staff must have health certificates to work.
Committee Creation and Functions
- A Committee chaired by the City Mayor and composed of various city officials oversees inspections and enforcement.
- Evaluates establishments for compliance with safety and health laws.
- Ensures safe, healthful, and exploitation-free living environments.
Owner and Operator Responsibilities
- Responsible for compliance with ordinance provisions.
- License revocation possible for non-compliance.
Administrative Penalties
- Fines imposed progressively on repeated offenses by classification:
- Class C: Php 1,000 (1st), Php 3,000 (2nd), Php 5,000 (3rd)
- Class B: Php 2,000, Php 4,000, Php 6,000
- Class A: Php 4,000, Php 6,000, Php 8,000
- Fourth offense leads to closure and revocation.
- Penalties do not preclude criminal prosecution.
Criminal Penalties
- First Offense: Fine of Php 1,000 or imprisonment up to one month, or both.
- Second Offense: Fine of Php 3,000 or imprisonment between one to two months, or both.
- Third Offense: Fine of Php 5,000 or imprisonment between two to three months, or both.
Implementing Rules
- The Mayor may issue rules for implementation.
- The Business Permits and Licensing Office, with the Building Official, will verify establishments.
Supplemental and Superseding Codes
- Supplemented by the National Building Code and Fire Code.
- In case of conflict, the National Building and Fire Codes prevail.
Trust Fund Creation
- All collected fines and fees go to a "BDS Trust Fund" for ordinance implementation.
Separability and Repealing Clauses
- Invalid provisions do not affect the rest.
- Conflicting prior ordinances and rules are repealed or modified.
Effectivity
- Ordinance effective six months after approval and publication.
- Existing establishments are granted a one-year grace period to comply.