Republica de Filipinas

Ciudad de Zamboanga
OFICINA DEL CONSEJO LOCAL

ORDINANCE NO. 478

AN ORDINANCE ESTABLISHING THE BIORISK DESK OFFICER, AND THE

BIORISK PROTOCOLS, PENALTIES AND FUNDING

AUTHORS:
HON. JUAN CLIMACO P. ELAGO II
HON. CESAM M. JIMENEZ
CO-AUTHORS:
HON. ROMMEL S. AGAN HON. ELBERT C. ATILANO, SR.
HON. AL-JIHAN R. EDDING HON. BENJAMIN B. GUINGONA IV
HON. RODOLFO R. LIM HON. JOSEPHINE E. PAREJA
HON. JIMMY B. VILLAFLORES HON. JOSELITO A. MACROHON
HON. TEODYVER A. ARQUIZA HON. RODOLFO M. BAYOT
HON. LILIBETH M. NUNO

EXPLANATORY NOTE

WHEREAS, the Local Government Units, are nearer to the people, and are the
first responders, and have certain amount of resources to deal with Bio-hazards and
Biorisk issues;

For certain calamities or epidemic, the national governments intervention comes

too late or most of the time after the “worst” have occurred;

WHEREAS, only certain highly urbanized or highly developed cities have biorisk
or biohazard issues since the laboratories are usually located in said cities. The
availability of human resource and strategic position dictates this situation. For the
Philippines, only about 20 cities, or even less, might play an important role in managing
Biorisk and Bio-hazard issues in the Philippines:

WHEREAS, Zamboanga City will fall under this category. First, it has
laboratories in Universities, Factories, diagnostic centers and private commercial stores,
where hazardous and dangerous materials are studied, processed, used, experimented or
transacted for sale. The city is in a strategic position in trade among other key cities and
international gateway for Sabah, Malaysia; Indonesia and Brunei (BIMP-EAGA);

WHEREAS, in order to safeguard the residents and the city from possible Bio-
hazard or Biosafety incidents or emergency, this ordinance is sought to be approved.

NOW, THEREFORE, BE IT ENACTED AS IT IS HEREBY ENACTED, by the

Sangguniang Panlungsod of Zamboanga City, that:

SECTION 1. TITLE. This Ordinance shall hereby be named and known as the
“Biorisk Management Ordinance”.

Tel Nos. City Vice Mayor: (062) 992.3137, (062) 992-2385 / City Councilors: (062) 992.4104, (062) 992-4359, (062) 992-3824, (062) 992-4953 Telefax No. (062) 991.3485

R.T. LIM BOULEVARD, ZAMBOANGA CITY 7060, PHILIPPINES

www.zamboangacity.gov.ph
Page 02 of Ord. No. 478

SECTION 2. SCOPE. This Ordinance shall be followed, implemented and cover

the entire jurisdiction of Zamboanga City, including all schools, factories, industries,
laboratories, farms, fishponds and plantations, hospitals, and health-medical facilities,
chemical shops and pharmacist or drug stores, warehouses, pet shops, poultries and
animal farms, fish or maritime hatcheries, fish canneries, morgues and embalmers,
eateries, restaurants and all food processing shops or factories, and all other shops,
factories, and companies or activities similar or related to the above-mentioned which
involve handling, processing, transport or manufacture of hazardous and dangerous
chemicals, infectious agents, and living animals and plants, and anything involving
Nuclear or radioactive products, including the disposal of used or wastes of its products
containing hazardous and dangerous chemicals or biological matter.

SECTION 3. OBJECTIVES.

1) To legally impose mandatory safeguards and regulations on establishments

and activities of individuals, groups or associations involved in handling,
processing, transport or manufacture of plants, animals, hazardous and
dangerous chemicals, biological-radioactive and nuclear elements (CBRN for
Brevity) and its by-products;

2) Establish a Bio-Radioactive Chemical Safety and Security Risk Reduction

Desk (Bio-safety Desk) under the City Disaster Risk Reduction Office
(CDRRMO) of the City Government of Zamboanga, and designate a Focal
Person as Desk Officer tasked to coordinate with concerned agencies of
government; to implement the law, ordinances, rules and regulations, monitor,
report; and respond on any event regarding biochemical hazards and risk
incidents; including addressing issues and concerns related thereto;

3) Create a Technical Committee (TWG-Biosafety) to assist the (BRC) Desk

composed of, but not limited to the following concerned sectors, namely:
Academe, Health Care Institutions, City/Barangays Offices, National
Government Agencies, and Law Enforcement Agencies, Medical, Defense,
and Scientist, with the Philippine Biosafety and Biosecurity Association
(PhBBA) - Western Mindanao Chapter as its Technical Adviser.

SECTION 4. DEFINITIONS.

A.) Biosafety (adapted from:WHO/CDS/EPR/2006.6)- involves the containment

principles, technologies and practices that are implemented to prevent the
unintentional exposure to CBRN agents and toxins, or their accidental release that
should prevent death and injuries on the part of laboratory workers.

B.) Biosecurity (adapted from:WHO/CDS/EPR/2006.6)- Laboratory _ biosecurity

describes the protection, control and accountability for biochemical agents and
toxins within laboratories, in order to prevent their loss, theft misuse, diversion of
unauthorized access or intentional unauthorized release by laboratory workers,
owners, or users.

C.) Bio-hazard — refers to chemical, biological or radioactive matters that has possible
harmful or dangerous effect to nature and man, if not properly contained or
controlled.

D.) Biorisk Management Advisor/Officer — an individual who has expertise in the

biohazards encountered in the organization and is competent to advise Top
Management & Staff on biorisk issues.
Page 03 of Ord. No. 478

E.) Biorisk Management — is the body of principles, technologies and rules in avoiding
any incident or accident involving hazardous and dangerous chemicals, biological
matters and radioactive or nuclear materials.

F.) Security Risk Reduction — is the system of controls, accountability, liability, and
responsible person in implementing biorisk management, and the persons who will
be in-charge in cases of incidents, accidents, or events involving bio-hazards.

G.) Risk Protocol — it is the written body of rules and principles used as Manuals in case
of incidents, accidents and events of Biohazards that are used as guides for
supervising, monitoring and evaluating.

SECTION 5. ESTABLISHMENT.

A.) _ By virtue of this Ordinance, a Biosafety Desk Officer, together with PhBBA shall
be created under the City Disaster Risk Reduction Management Office.

B.) Functions of the CBRN Safety and Security Risk Reduction Desk.

1. Safeguards and regulates establishments and activities of individuals, groups

or associations involved in handling, processing, transport or manufacture of
plants, animals, or hazardous and dangerous chemicals and_ biological
elements and its by-products;

Coordinates with concerned agencies of government to implement the law,

ordinances, rules and regulations;

Establishes the Risk Protocols on monitoring, reporting, and responding to

incident or accident on any event regarding biochemical hazards and risk
incidents, including addressing issues and concerns;

Conducts initial assessment, investigate and referrals to concern agencies on

any complaints regarding nuances related to activities involving biochemical
substances or products;

Coordinates and seeks Policy Guidelines, Advisory and Technical Inputs from
the Philippine Biosafety and Biosecurity Association (PhBBA) National and
Western Mindanao Chapter; and

Raising awareness and conduct educational activities on biochemical risk

issues to schools, mass media, business establishments and offices.

SECTION 6. All businesses applying for a Business or Mayor’s Permit to operate

in Zamboanga City shall include all protocols regarding Biorisk and shall be made
integral part thereof.

SECTION 7. RISK PROTOCOL. The City Mayor, upon recommendation of the

Biosafety Desk Officer, duly indorsed by the City Disaster Risk Reduction Management
Officer shall issue Bio-Radioactive Chemical Risk Protocol to be implemented in the
City of Zamboanga.

SECTION 8. APPLICATION OF PROTOCOL. All businesses applying for a

Business or Mayor’s Permit to operate in Zamboanga City shall include all protocols and
Page 04 of Ord. No. 478

applicable to their business regarding biochemical hazard and shall be made integral part
thereof.

SECTION 9. QUARANTINE PROTOCOLS. The City Government together with

the National Government, and National Agencies concern, may recommend, support,
supply manpower and resources, and implement quarantine measures in the City of
Zamboanga.

SECTION 10. FUNDING. An appropriation for the implementation of this

Ordinance shall be allocated in the next budget of the City.

SECTION 11. PENALTIES. Violations in the implementation of Biosafety and

Biorisk Protocol:

1“ Offense - Php 5,000.00 per violation:

2™ Offense - Php 5,000.00 per violation and suspension of Business for 30
days;
3" Offense - Php 5,000.00 per violation and suspension of Business for 90
days;
4" Offense - Php 5,000.00 per violation, suspension of business for 120 days
with violation rectified, complied, and completed;
5" Offense - Termination of Business and Closure.

An appeal and review filed before the Mayor, shall be granted only once to a
terminated or closed business upon showing of full compliance of all violated provisions
of the Biorisk Protocol.

The supervision of business may be terminated earlier if the offending party is

able to rectify, comply and/or complete the violation.

SECTION 12. REPEALING CLAUSE. Any Ordinance inconsistent with this

Ordinance shall be repealed in its entirety.

SECTION 13. SEPARABILITY CLAUSE. Any provision of this Ordinance

rendered illegal by a court of competent jurisdiction shall not affect the valid portions
hereof.

SECTION 14. EFFECTIVITY CLAUSE. This Ordinance shall take effect fifteen
(15) days after its publication in a newspaper of general circulation in Zamboanga City.

ENACTED: May 15, 2018.

CESAR 8S. ITURRALDE

Presiding Officer
ATTESTED: _—
Qccttgtt 122
ATTA, TH VINCENT P. B UA
Sec¥etar}10 the guniang Papfungsod
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APPROVED:
MAY 3 1 2018
: O
JennyD./RD/CM City Mayor