Guidelines on Dormitories and Boarding Houses

Legal basis, purpose, and policy

The ordinance declares that the 1987 Constitution mandates the safety and protection of citizens, the maintenance of peace and order, protection of life, liberty and property, and the promotion of general welfare. ( Whereas clauses)
It invokes the Local Government Code of 1991 principle that local government units exercise powers expressly granted, necessarily implied, and powers necessary and appropriate for efficient governance and promotion of general welfare. ( Whereas clauses)
It recognizes that the increasing number of boarding houses and dormitories has generated health, safety, and environmental concerns requiring strict regulation for safety and well-being. ( Whereas clauses)
It provides that dormitory owners and occupants must comply to attain a safe, accident-free neighborhood, conducive to learning and well-being of students living in dormitories. ( Whereas clauses)
It establishes guidelines, standards, and requirements to regulate dormitories and boarding houses in Valenzuela City. ( Whereas clauses)

Coverage and classification rules

The ordinance applies to the construction, use, occupancy, and operation of dormitories, boarding houses, and bed spaces in Valenzuela City. ( Section 2 )
It regulates the operation of establishments that are regularly accepted as boarders for compensation by the day, week or month. ( Section 3 )
It classifies dormitories/boarding houses as: Class A (accommodation for 21 boarders or more), Class B (accommodation for 10 boarders or more but less than 20), and Class C (accommodation for less than 10 boarders). ( Section 3 )
It includes bed spaces operated for rent under the ordinance’s permitting and licensing scheme. ( Sections 4, 5 )

Core definitions

Dormitory or Boarding House refers to any house building or structure or portion thereof, regularly accepted as boarders for compensation by the day, week or month. ( Section 3 )
Boarders refers to any student, working minor or person who lives in a dormitory or boarding house for consideration. ( Section 3 )
Owner refers to any natural or judicial person who owns, manages or maintains a dormitory or boarding house, or the duly authorized agent or representative. ( Section 3 )
Boarding House, Dormitory and Bed Space Permit (BDS Permit) is a written authorization issued annually by the city officials concerned, based on local ordinance procedures, to operate, manage, maintain a dormitory/boarding house, or provide bed space. ( Section 3 )
License is the right or permission to engage in operation of a dormitory or boarding house granted after payment of license fees by competent authority. ( Section 3 )
Bed Space Owner refers to any natural or juridical person who owns, manages, or maintains a house/building/structure/portion thereof and accepts persons occupying beds or sleeping space for compensation by day, week or month. ( Section 3 )
Administrative Penalty is a local government mechanism imposing a monetary fine as an alternative enforcement method to court prosecution that is more cost-effective, timely, and practical. ( Section 3 )
Room for Rent means a portion of a residential unit providing complete independent living facilities for one or more persons, including permanent provisions for living, eating, cooking, and sanitation. ( Section 3 )
Apartment means a building containing a number of separate residential suites. ( Section 3 )
Condominium means a building with one or more storeys composed of multi-unit residential suites under joint ownership of occupants, with each unit provided complete sanitary facilities, utilities and other amenities. ( Section 3 )

Permits, licenses, and documentary requirements

Section 4 prohibits any person, entity, or corporation from owning, keeping, maintaining, or conducting any boarding house or dormitory without first obtaining a permit from the Mayor and a license approved by proper city authorities.
The BDS permit and license must specify the number of persons permitted to dwell or board, and they must be always displayed in a conspicuous place in the premises. ( Section 4 )
No person may maintain or conduct a dormitory or boarding house except in accordance with the terms and conditions of the license. ( Section 4 )
All covered establishments must secure permits, licenses, and clearances required under existing laws, ordinances, rules and regulations. ( Section 5 )
Applicants must submit a detailed statement, signed by the operator & building owners and notarized, covering: (1) kind of construction of the building; (2) size of each room for guest/boarders; (3) sanitary facilities; (4) condition of light and ventilation; (5) maximum number of persons accommodated at any time; (6) size of dining room; (7) size of kitchen; and (8) number of employee/crew or staff. ( Section 5 )
No license may issue unless the applicant satisfactorily shows to duly authorized city authorities compliance with the ordinance standards and requirements. ( Section 5 )
The owner must submit a Sworn Statement of compliance and must state that there are separated activities and premises for male and female boarders. ( Section 5 )
No license may issue to Class A dormitories unless they secure Personal Accident Insurance providing compensation in case of injuries, disability, or death caused solely by violent, accidental external and visible events. ( Section 5 )
License renewal requires submission of: (1) a certified true copy of the registry of all boarders, and (2) a sworn statement that the owner will continue compliance subject to periodic inspection by authorized city authorities. ( Section 5 )
The BDS permit is issued upon compliance and payment of fees levied by the City Treasurer based on number of boarders, with the graduated schedule: Class A: PHP 750, Class B: PHP 500, Class C: PHP 350. ( Section 5 )
The graduated fees are stated to be an addition to the regulatory fee imposed under Page 11 of Ordinance No. 39 series of 2011. ( Section 5 )

Boarders’ registration and recordkeeping

All boarders must register before occupying the dormitory, boarding house, or bed space. ( Section 6 )
The registration must include: name, address, age, school and/or place of work, name/address/contact number of parents or guardian, and log in–log out of visitor’s record. ( Section 6 )
If the boarder is a minor, the boarder must submit written permission of the parent or guardian to register with that dormitory or boarding house. ( Section 6 )
The owner must keep a registry of all boarders for each current calendar year. ( Section 6 )

Premises standards, fire safety, and health

Facilities for males and females must always be separated within the dormitory, boarding house, or bed space. ( Section 7 )
Construction must use fire resistive materials and comply with the National Building Code of the Philippines (PD1096), the Fire Code of the Philippines (RA 9514), and other referral codes. ( Section 7 )
Passageways and fire escapes must be provided. Passageways must be at least 1.12 meters wide and properly lighted at each flight of stairs, intersections of corridors, and points of fire escapes. ( Section 7 )
Fire escapes must lead to the street front, be far from the stairs, and be accessible from any floor through a clear, unobstructed passageway. ( Section 7 )
Buildings must have at least two (2) means of escape remote from each other. ( Section 7 )
Fire exit doors must not be locked, must have a self-closing mechanism and quick release latch, and must swing in the direction of exit travel. ( Section 7 )
A fire detection and emergency alarm system must be installed with sending stations and bells or gongs, located for easy access, with a sound clearly audible throughout the boarding house. ( Section 7 )
The fire detection and alarm system must be independent of the general electric circuit to operate even if the electrical circuit must be disconnected due to fire or emergencies. ( Section 7 )
The premises must be equipped and maintained with proper fire-fighting facilities, including fire hose cabinets and fire extinguishers. ( Section 7 )
An automatic emergency lightning system and illuminated directional signs must be installed on hallways or exit access at least one (1) meter for every fifteen (15) meters leading to the nearest exit. ( Section 7 )
Flammable liquids or combustible materials must not be stored in premises nor placed on passageways, fire escapes, stairs, and exits, except that fuel reasonably required for ordinary cooking may be kept in the kitchen in fireproof safe containers. ( Section 7 )
A bedroom must have a window area of at least 10% of the floor area unless air-conditioned, where the ordinance provides the applicable rule under Section 8. ( Section 7 )
A dining room must be screened, provided with a self-closing door, and separate from sleeping quarters. ( Section 7 )
Study room space and facilities must be provided, including a separate study room for dormitory/boarding houses with more than thirty (30) boarders and separate desk and chair for each boarder. ( Section 7 )
A receiving room for visitors must be provided. ( Section 7 )
Lavatory and bathroom requirements: for every ten (10) boarders, there must be (1) showerhead, one (1) lavatory, one (1) water closet, and one (1) floor drain. ( Section 7 )
A separate kitchen must be screened and provided with a self-closing door. ( Section 7 )
Kitchen minimum floor area: for less than twenty (20) boarders, it must be three (3) by two (2) meters; for twenty (20) or more boarders, it must be four (4) by three (3) meters. Walls must be cemented up to at least 1.25 meters from the floor. ( Section 7 )
When necessary, stove hoods, a chimney, or exhaust ventilation must be provided. ( Section 7 )
Garbage disposal must include plastic or metal garbage receptacles with tight fitting covers; garbage and waste must be removed to avoid health hazards or nuisance, and receptacles must be cleaned immediately after emptying. ( Section 7 )
Safe potable water and adequate supply for washing and other purposes must be provided. ( Section 7 )
Laundry and washing facilities must be provided for washing and dying laundry and washing personal articles. ( Section 7 )
The premises, including yard, driveways, and alleys contiguous with the premises, must be kept clean and sanitary at all times and free from dust, refuse, flies, rodents, mosquitoes, cockroaches, and other offensive materials or vermin. ( Section 7 )
Suitable fly-proof and water-tight garbage receptacles made of metal with metal tight fitting covers must be provided; garbage and waste must be removed daily and must not become nuisance, and receptacles must be properly cleaned after emptying. ( Section 7 )
Establishments must post “NO SMOKING Pursuant to City Ordinance of No. 67 Series of 2012 Valenzuela” signs in conspicuous places with uniform color and size as determined by the Office of the City Mayor. ( Section 7 )

Lighting, ventilation, and annual building inspection

Rooms, passageways, stairways, and other parts of the premises must be properly and adequately lighted by natural or artificial means or both, consistent with illumination standards. ( Section 8 )
Good lighting must be provided in all rooms and premises; reading and study rooms must have illumination at least 50 lux (5 foot candles). ( Section 8 )
For Class A dormitories and boarding houses, passageways, stairways, and fire exits’ electrical lighting facilities must be connected on the supply side of main service equipment of the building. ( Section 8 )
Electrical equipment and installation must conform to the Philippines Electrical Code and must be subject to periodic inspection. ( Section 8 )
Lighting equipment must be maintained clean, safe, and in good working condition. ( Section 8 )
Buildings erected or altered for dormitory or boarding house use must ensure adequate air space for each occupant, with a bedroom minimum height of 3 meters, unless air-conditioned where it must be not less than 2.5 meters. ( Section 8 )
The ordinance sets the bedroom minimum length at 3 meters and references occupancy allowance tied to floor area: “3) occupants allowed for every 20 sq. m.” ( Section 8 )
All dormitory, boarding house, and bed space establishments must undergo annual inspection and secure a certificate of annual building inspection from the office of the building official. ( Section 9 )
For any 3-storey building erected for dormitory house or bed space accommodating over 100 persons, the structure must have reinforced concrete structural framing or steel structural framing covered with concrete. If more than 50% of such buildings are altered, the requirements must be complied with. ( Section 9 )
Buildings accommodating less than 100 persons must not exceed 3-storeys or 12 meters if of non-fireproof structures. Frame structures are governed such that no building is permitted with quality lower than that of a frame structure. ( Section 9 )
Defects found during inspection must be rectified and made good by the owner/admin/manager prior to issuance of the certificate. ( Section 9 )
The ordinance lists common building violations requiring correction, including: dilapidated building structures/floors/sidings/ceilings; inadequate emergency entrance and exit facilities; failure to comply with open space provisions; and defective plumbing/sanitary fixtures and absence of water supply. ( Section 9 )

Health certificates and food handlers

Personnel who handle food—including cooks, food handlers, waiters, and kitchen helpers—must secure health certificates before being allowed to work. ( Section 10 )

Dormitory inspection committee creation

The City Mayor must create a Committee to conduct inspection of all dormitories, boarding houses, rooms for rent, and bed spaces to ensure operation in accordance with safety law, fire law, and ordinances. ( Section 11 )
The Committee must study, recommend, and conduct surveys and related activities to implement the policy that occupants have sufficient shelter, live in an environment free from pernicious influences, promotion of health, and protection against exploitation, improper influences, or hazards prejudicial to development. ( Section 11 )
The Committee includes the following members: (1) City Mayor as Chairman; (2) Chairman, Committee of Education of the Sangguniang Panglungsod as Vice Chairman; (3) City Administrator; (4) City Building Official; (5) City Fire Marshall; (6) City Health Officer; (7) Head-BPLO; and (8) Head a Task Force Disiplina. ( Section 11 )

Owner responsibility and license revocation

The owner and/or operator must maintain the dormitory, boarding house, and bed space in accordance with the ordinance. ( Section 12 )
The City Government must revoke the owner and/or operator’s license if the owner/operator fails to comply with responsibility or any provision of the ordinance. ( Section 12 )

Administrative penalties and criminal penalties

Administrative penalties apply to natural or juridical persons who own, manage, or maintain a dormitory, boarding house, and bed space, including their duly authorized agent or representative. ( Section 13 )
Administrative fines are imposed by classification and offense count, as follows:
- Class A: First Offense PHP 1,000.00; Second Offense PHP 2,000.00; Third Offense PHP 4,000.00; Fourth Offense results in Closure and revocation permit.
- Class B: First Offense PHP 2,000.00; Second Offense PHP 3,000.00; Third Offense PHP 5,000.00; Fourth Offense results in Closure and revocation permit.
- Class C: First Offense PHP 4,000.00; Second Offense PHP 6,000.00; Third Offense PHP 8,000.00; Fourth Offense results in Closure and revocation permit. ( Section 13 )
The imposition, assessment, and collection of administrative fines do not bar filing a criminal action against the offender/s, and the owner must correct/remove violations. ( Section 13 )
Criminal penalties on conviction apply to any persons, corporations, partnerships, or entities that violate the ordinance or its implementing rules and regulations:
- First Offense: Fine of PHP 1,000.00 or imprisonment of not more than one (1) month, or both.
- Second Offense: Fine of PHP 3,000 or imprisonment of not more than two (2) months but not less than one (1) month, or both.
- Third Offense: Fine of PHP 5,000 or imprisonment of not more than three (3) months but not less than two (2) months, or both. ( Section 14 )

Implementation, referral codes, trust fund, and effect of conflict

The ordinance provides that while it is operative upon effectivity, the Mayor may issue appropriate rules and regulations for proper implementation. ( Section 15 )
The Business Permits and Licensing Office (BLPO) must verify lists of establishments operating as dormitories, boarding houses, and bed spaces sixty (60) days after approval, in coordination with the Office of the Building Official, and the verified list becomes part and parcel of the ordinance implementation. ( Section 15 )
The ordinance is supplemental to the National Building Code of the Philippines (PD 1096), the Fire Code of the Philippines (RA 9514), and other referral laws; when conflict exists regarding building requirements, the Code prevails. ( Section 16 )
All penalties, fines, and fees collected arising from implementation must go to a special fund captioned “BDS Trust Fund”, used exclusively for successful implementation of the ordinance. ( Section 17 )

Separability, repealing, and transitions

If any portion is declared illegal or invalid, the remaining provisions not affected remain in full force and effect. ( Section 18 )
Prior ordinances and inconsistent rules/regulations are repealed or modified accordingly. ( Section 19 )
Existing establishments are given a grace period of One (1) Year from the date of enactment to comply with the ordinance provisions. ( Section 20 )