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BP 344 REVIEWER

OTHERS
Amended Implementing Rules and Regulation
-promulgated by DPWH, DTC and the National Council for the Welfare of Disabled Persons.
RULE I – SCOPE AND SCOPE AND APPLICATION
Purpose – provide minimum requirements and standards for facilities, building and utilities FOR PUBLIC USE.
Scope – this IRR to construction, repair and renovation of PUBLIC-USE BUILDINGS (either public or private
owned); streets, highways and public utilities; public transportation (i.e. bus, jeepney, trains, domestic inter-
island vessels, domestic aircraft or air carriers); public telephones; public transport terminals.
Application – all CONSTRUCTION, REPAIR AND RENOVATION CONSTRUCTION, REPAIR AND RENOVATION of
PUBLIC-USE BUILDINGS shall provide barrier-free facilities and accessibility features in the plans and
specifications following this:
For new construction:
▪ Provide accessibility features at the primary space (serving the primary space and primary function) and in
the ingress/egress of buildings (if done, accessibility at other levels may be waived).
▪ 10% of units of government-owned living accommodations shall be accessible and fully usable by disabled
persons (for privately-owned buildings, use Section 3 of BP 344)
▪ Ingress or egress from the street to Ingress or egress from the street to building shall building shall be
made accessible be made accessible
▪ Accessible parking slots near e parking slots near the ingress or egress o the ingress or egress of the
building
For repair, renovations and change of occupancy:
▪ Follow considerations for new construction
▪ Consider adding or not adding barrier-free consider adding or not adding barrier-free facilities and
accessibility features:
• if the primary space serving the primary function is repaired or renovated
• if public facilities are added at other levels, provide elevator w/ 800mm min. width
• if the primary space will not be diminished by more than 10% of its original area.
• if the structural capacity will not be affected
• if the repair or renovation cost exceeds 20% of the total building cost
• if no legal constraints
▪ note: fire-safety, explosion-safety and HVAC repair or renovations are not subjected
For new streets, highways and transport related structures, provide barrier-free facilities and accessibility
features at every pedestrian crossing; ramps and accessibility features in DOTC features buildings and
transportation buildings and transportation terminals
▪ cut-out curbs and ramps on sidewalks
▪ audio-visual aids for crossing
▪ Note: pedestrian grade separations, overpasses and underpasses may be waived
For repair or renovation of existing streets and highways, provide BFF & AF

For public transport vehicles

▪ issuance of license or franchise of buses, boats, ships and airplanes shall require provisions of PWD seats and audio-
visual aids (including government operated transport such as trains and planes)
▪ existing public transport vehicles must follow the minimum accessibility requirements
▪ public telephones – 1:4 units shall be accessible with visual aids
▪ public transport terminals shall follow requirements for public buildings

Special Standards of Accessibility – can be allowed if alternatives are approved by the National Council for the Welfare
of Disabled Persons.
NEEDED 4. Impairments due to conditions of aging and
incoordination.
5. Mental impairments whether acquired or
congenital in nature.

ANTHROPOMETRICS AND DIMENSIONAL DATA AS


GUIDES FOR DESIGN:
Anthropometric data guides for designing spaces
for wheelchair maneuvering:
1. Length of wheelchairs - 1.10 m to 1.30 m.
2. Width of wheelchairs - 0.60 m to 0.75 m.
3. Wheelchair turning spaces - A circle of 1.50
INTERNATIONAL SYMBOL OF ACCESS
m in diameter.
4. Comfortable reach of persons with
This is the International Symbol of Access, the
wheelchairs - 0.70 m to 1.20 m above the
universal signpost for people with physical
floor and not less than 0.40 m from room
disabilities which was adopted by Rehabilitation
corners.
International, a federation of about 200 member
5. Comfortable clearance for knee and leg
organizations in 90 nations, which provides
space under tables for wheelchair users -
rehabilitation services to persons with disabilities
0.70 m.
worldwide.
6. Counter height - level comfortable to
The symbol depicts a handicapped person using a disabled persons’ reach.
wheelchair who will enter a building or a facility
without fear of being blocked by architectural
barriers. BASIC PHYSICAL PLANNING REQUIREMENTS
1. ACCESSIBILITY
2. REACHABILITY
RULE II - MINIMUM REQUIREMENTS FOR 3. USABILITY
ACCESSIBILITY 4. ORIENTATION
CATEGORIES OF DISABLED PERSONS: 5. SAFETY
6. WORKABILITY AND EFFICIENCY
1. Impairments requiring confinement to
wheelchairs.
2. Impairments causing difficulty or insecurity
in walking or climbing stairs or requiring the
use of braces, crutches or other artificial
supports; or impairments caused by
amputation, arthritis, spastic conditions or
pulmonary, cardiac or other ills rendering
individuals semi-ambulatory.
3. Total or partial impairments of hearing or
sight causing insecurity or likelihood of
exposure to danger in public places.
NEEDED of congregation shall be designed to open
easily or accessible from floor to floor or to any
RULE III - SPECIFIC REQUIREMENTS FOR point of destination.
BUILDINGS AND RELATED STRUCTURES • washroom and toilets shall be accessible and
FOR PUBLIC USE with adequate turning space
• minimum requirements for elevators shall be
STANDARD OF ACCESSIBILITY FOR SPECIAL TYPE followed when provided
OF FACILITIES • ramps shall be provided as means of access to
(Auditoriums, assembly halls, theaters, and related level of change going to entry points and
facilities) entrances, lobbies influenced by condition of
- Seating for the disabled shall be accessible from location or use
the main lobby to primary entrances, together with • parking areas shall be provided with sufficient
related toilet facilities. space for the disabled persons to allow easy
- In all assembly places where seating transfer from
accommodation is provided, there shall be spaces carpark to ingress/egress levels
for the disabled persons as provided. • height above the floor or switches and
controls shall be in accordance with the
provisions
• handrails shall be provided at both sides of
ramps
• floors provided for wheelchair route shall be
non-skid material
- When the seating capacity exceeds 500 an • install water fountains as required
additional wheelchair seating space shall be
provided for each total seating capacity increase of
100 seats.
-Readily removable seats may be installed in these
spaces when such spaces are not required to
accommodate
wheelchair users.
Computation of Accessible Units – greater than
0.5 is considered as 1 unit; absolute minimum is 1
accessible unit.
Application of Barrier-free Facilities and Features
• graphic signs shall be bold and conspicuously
installed in every access from point of entry to
connecting destination
• walkways shall be provided with adequate
passageway
• width of corridors and circulation system
integrating both and vertical access to
ingress/egress of the building
• doors and entrances provided herein used as
entry points at entrance lobbies as local points
OTHERS (RULE 3) units and 1 per 100 additional thereafter shall be
barrier-free (ABCDEGHIJKL)
Classification of Occupancy (based on Section 701 ▪ hotels, motels, inns, pension houses and/or
of NBCP): apartments – 1 unit per 50-150 units shall be
Category I – Residential (Group A & party Group B barrier-free and 1 per 100 units additional
of NBCP) thereafter shall be at ingress level (if no elevator,
provide at least 1 unit at ingress level)
Category II – Commercial and Commercial and
(ABCDEFGHIJKLMN required)
Industrial
▪ private or off-campus dormitories - 1 unit per 50-
Category III – Educational and Industrial 150 units shall be barrier-free and 1 per 100 units
Category IV – Agricultural additional thereafter shall be at ingress level
Category V – Ancillary (ABCDEFGHIJKLMN required)
Architectural Features and Facilities Group C
Architectural features and facilities – (A) stairs; (B) ▪ amusement halls and parlor; concert and opera;
walkways; (C) corridors; (D) doors and entrances; coliseum, stadium and sports
(E) washrooms and toilets; (F) lifts and elevators; complexes – ABCDEFGHIJKLMNO
(G) ramps; (H) parking areas; (I) switches, controls ▪ massage and sauna parlors – ABCDEFGHIJKLM
and buzzers; (J) handrails; (K) thresholds; (L) floor Group F – dairies and creameries; factories and
finishes; (M) drinking fountains; (N) public workshops using incombustible or non-
telephones; (O) seating accommodations incombustible or non-explosive materials;
breweries, bottling plants, canneries and
Category I – Residential (only Residential (only tanneries – ABCDEGHIJKLM
those government-owned buildings those
government-owned buildings): Group G-3 – wood working establishments, lumber
and timber yards; pulp, paper and paper board
Single-Detached – 10% of the total units shall factories; textile and fiber spinning mills; garment
be accessible & barrier-free (ABCDEGHIJKL) and undergarment factories – ABCDEGHIJKLM
Duplexes – 10% of the total units shall be
Category III – Educational and Institutional
accessible and barrier-free (ABCDEGHIJKL)
Company or School Staff Housing Units – 1 Group C – Educational institutions (including
unit for 26 to 50 units & 1 additional unit for school auditoriums, gymnasium, reviewing stands,
every 100 units thereafter shall be accessible little theaters and concert halls); libraries,
museum, exhibition halls and art galleries; civil
and barrier-free (ABCDEGHIJKL)
centers; clubhouses lodges – ABCDEGHJKLMNO
Multiple dwelling units or high-rise residential
required
condominiums or tenement houses – 1 unit
for 26 to 50 units & 1 additional unit for every Group D-1 – Mental hospitals, sanitaria, mental
to 50 units & 1 additional unit for every 100 asylums; jails, prisons, reformatories, correctional
units thereafter shall be accessible and barrier- institutions; rehabilitation centers;
leprosaria – ABCDEGHIJKLM required
free; all units shall be at ingress level if no
elevator provided (ABCDEFGHIJ no elevator Group D-2 – Homes for the Aged; Hospitals and
provided (ABCDEFGHIJKLM required) Sanitaria – ABCDEGHIJKLM required

Category II – Commercial and Industrial (both public Group D-3 – Nursing Homes for Ambulatory
and privately-owned) Patients; Orphanages – ABCDEGHIJKLM required

Group B units are rented are rented) Group E-7 – police and fire
▪ accessories, tenement houses or row houses, stations – ABCDEGHIJKLM required
apartment houses, townhouses– 1 unit per 50-150
Group H – churches, temples, chapels and similar
places of worship – ABCDEGHIJKLMO

Category IV – Agricultural Buildings – ABCDGHIJKL


required
NEEDED
RULE IV - REQUIREMENTS FOR PUBLIC TRANSPORTATION
Classification of Public Transport:

• Land Transportation — refer to buses with minimum seating capacity of 50 persons (regular) and 40
persons (for aircon buses); includes regular city buses, provincial and tourist buses
• Rail Transportation — refer to three railway systems (PNR, PRC and LRTA)
• Water Transportation — refers to domestic passenger ships, ferry boats and other water vessels
• Air Transportation — refers to domestic passenger airplanes
Designated Seats for Disabled Persons

• Regular buses —5 seats near exit or entrance doors (can be occupied if no PWD)
• First class, premiere and air-conditioned buses — 4 seats near the exit or entrance doors (can be occupied
if no PWD)
• Passenger trains — 6 seats per car nearest to the door
• Passenger airplanes — 2 seats near front exit/entrance per aircraft-type basis.
• Jeepneys — 2 seats preferable the front seats
• Regular and Air-conditioned city buses — other passengers may use these designated seats if not
occupied and yield them to incoming disabled persons whenever the occasion arises.
• Provincial buses, Regular and Air-conditioned buses, Passenger Trains and Airplanes — the designated seats for
disabled persons may be occupied by other passengers only if no disabled persons shall occupy these seats at the
start of the trip
• Domestic shipping — per class basis, located near the entrance or exit doors.
—20 minute PWD embarkation ahead of the 3-hour regular embarkation time and 1-hour disembarkation
after the ship's arrival

o Designated seats shall be identified by the International Symbol of Access


o City buses in highly urbanized cities shall have audiovisual aids (buzzer, bell, flashing light) for alighting
o At least one deck in passenger ships shall be provided with accessible ramps, passageways, access to
gangways, galleys, safety equipment and bunks/berths/cabins with dimensions conforming with
requirements
OTHERS (RULE 5)
RULE V — ADMINISTRATION AND ENFORCEMENT
o Administration and enforcement vested to secretaries of DPWH and DTC

•for buildings, public transport terminals, streets and highways — BP 344 is administered and
enforced by the secretary of DPWH (including its attached agencies, building research development
staff and the local building official according to RA 7160)

•for transportation — BP 344 is administered by the secretary of DTC (including the attached agencies)
i.e.
•Land Transportation Franchising and Regulatory Board (LTFRB) — for the issuance of Certificate of
Public Conveyance (CPC) and Provincial Authority (PA) for the operation of public road
transportation utilities and services

•Land Transportation Office — registration of buses and jeepneys and enforcement of regulations
related to land transport

•Philippine National Railways and the Light Rail Transit Authority — for the operation of passenger
trains and including stations and terminals

•Maritime Industry Authority — for the development, promotion and regulation of all enterprises
engaged in business of designing, constructing, manufacturing, acquiring, operating, supplying,
repairing and/or maintaining vessels or components thereof; of managing and/or operating shipping
lines, shipyards, dry docks, marine railway, marine repair shops, shipping and freight forwarding
agencies and similar enterprises; issuance of license to all water transport vessels.

•Philippine Ports Authority — for the planning, development, financing, construction, maintenance
and operation of ports, port facitilies, port physical plants and all equipment used in connection
with the operation of a port.

•Civil Aeronautics Board — for the supervision and regulation of, the jurisdiction and control over
air carriers, general sales agents, cargo sales agents and air freight forwarders and issuance of
certificates/licenses to aircrafts.

•Air Transportation Office — for the maintenance, operation and development, of all government
airports (other than the NAIA, Mactan International Airport) as well as air navigation facilities
(excluding meteorology).

o Criminal Liability (as stipulated in Section 46 of RA 7277 or Magna Carta for Disabled Persons) — any
person who violates BP 344 and its IRR shall suffer the following penalties:

•for first violation — minimum fine of 50,000php to 100,000php or imprisonment of 6


months to 2 years (or both)
•for subsequent violations — fine of 100,000php to 200,000php or imprisonment of 2 to 6
years (or both)
•for abusing the privileges granted in BP 344 — fine of 5,000php to 50,000php or
imprisonment of minimum 6 months (or both)
•if violator is a corporation, organization or similar entity, the officials are liable
•if violator is an alien or a foreigner, he/she shall be deported immediately after service of
sentence without further deporation proceedings.

➢ For buildings/establishments/structures — owner, operator, contractor, engineer, building official


or public official-in-charge issuing the permits/certificate can be liable
➢ For air, land and sea transportation — owner, operator, body builders, safety
officers/engineers/managers, drivers/conductors or public official-in-charge issuing the
permit/certificates can be liable o

o Effectivity — 30 days after the publication in the Official Gazette

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