Reiterating to the DPWH the Strict Implementation of Section 304 No. 5, Items of F and G of the Revised IRR of the National Building Code of the Philippines (P.D. 1096) and the NBCDO Memorandum Circular No. 04, Series of 2007 Directing All Building Officials to Immediately and Strictly Implement Thereof

March 27, 2017

CIAP BOARD RESOLUTION NO. 13-17

REITERATING TO THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH) THE STRICT IMPLEMENTATION OF SECTION 304 NO. 5, ITEMS F AND G OF THE REVISED IMPLEMENTING RULES AND REGULATIONS (IRR) OF THE NATIONAL BUILDING CODE OF THE PHILIPPINES (P.D. 1096) AND THE NATIONAL BUILDING CODE DEVELOPMENT OFFICE (NBCDO) MEMORANDUM CIRCULAR NO. 04, SERIES OF 2007 DIRECTING ALL BUILDING OFFICIALS TO IMMEDIATELY AND STRICTLY IMPLEMENT THEREOF

WHEREAS, under the Revised Implementing Rules and Regulations (IRR) of the National Building Code (P.D. 1096) the following provisions, among others, provide that:

Section 304 (Issuance of Building Permits) No. 5 (Terms and Conditions):

"X x x f. When the construction is undertaken by contract, the work shall be done by a duly licensed and registered contractor pursuant to the provisions of the Contractor's License Law (R.A. 4566).

g. The Owner/Permittee shall submit a duly accomplished prescribed "Notice of Construction" to the Office of the Building Official prior to any construction activity. x x x"

WHEREAS,the prescribed "Notice of Construction" form indicates the name/s of the contractor, its PCAB license number, and classification to be submitted by the project owner to the Building Official (BO) prior to commencement of the project. The BO will then transmit a copy of the said Notice to the CIAP for verification and confirmation of its contractor's license. A copy of the Notice shall also be furnished the Department of Labor and Employment (DOLE).

WHEREAS,the submission to CIAP for verification is one of the ways identified to achieve the law's objective of promoting public safety in building construction by ensuring that only duly LICENSED contractors are allowed to undertake construction;

WHEREAS, despite the existence of the above laws, reports have been made on the growing number of unlicensed contractors undertaking construction of projects who were issued building permits particularly the countryside, in violation of R.A. 4566, the Contractor's License Law still prevail;

WHEREAS,the CIAP Board in its 49th Regular Meeting held on 04 April 2006, passed Resolution No. 6, Series of 2006 requesting the DPWH to institute strictly the measures to ensure the implementation of the above provisions by BOs nationwide:

WHEREAS, in order to prevent the repeat of the 2015 Hoclimco incident, the Board recognizes the need to reiterate and emphasize the strict implementation of RA 4566 or the Contractor's Licensing Law, which, in conjunction with other laws/rules/regulations, require a PCAB license prior to undertaking construction activities, as follows: ICHDca

1. The above quoted Section 304, Subsection 5, Items (f) and (g) of the Revised Implementing Rules and Regulations of the National Building Code of the Philippines (PD 1096) provisions; and

2. The National Building Code Development Office (NBCDO) Memorandum Circular No. 04, Series of 2007 issued on 13 April 2007 directing all Building Officials to immediately and strictly implement the provisions under Section 304, Subsection 5, Items (f) and (g) of the Revised Implementing Rules and Regulations of the National Building Code of the Philippines (PD 1096).

The said Memo Circular requires the submission to CIAP of the "Notice of Construction" for verification of the licenses of contractors, subcontractors, and/or specialty contractors listed in the Notice.

NOW, THEREFORE, in consideration of the foregoing and to ensure the effective implementation of the said provisions of the revised IRR of P.D. 1096, (The National Building Code), the Construction Industry Authority of the Philippines, in its CIAP Board 74th Regular Meeting held on 27 March 2017, RESOLVES,as it is HEREBY RESOLVED,to impose the strict implementation of the following laws and measure:

1. Strictly implement Sec. 304 No. 5, items f & g of the Revised IRR of PD 1096 and NBCDO Memorandum Circular No. 04, Series of 2007 directing the immediate and strict implementation thereof; and

2. Monitor mechanisms such as the submission by the Building Officials to the Secretary of Public Works and Highways, copy furnished CIAP, of periodic reports on the number of building permits issued and the number of Notices of Construction received and verified with the CIAP.

UNANIMOUSLY APPROVED.

FOR THE CIAP BOARD

(SGD.) ATTY. RUTH B. CASTELOUndersecretary for CIAP(Representing DTI Secretary and CIAP Chairman Ramon M. Lopez)

Attested by:

(SGD.) MA. ESTRELLA C. GODIAActing Board Secretary

ATTACHMENT

Republic of the Philippines) ) ss.

Subscribed and sworn to before me, this 5th day of July 2017 affiant Atty. Ruth B. Castelo of the Construction Industry Authority of the Philippines exhibiting his DTI ID No. 05-248 issued on __________.

NOTARY PUBLIC

(SGD.) ATTY. VIRGILIO R. BATALLA

Doc. No. 210