IRR of Chapter XIV of P.D. No. 856 (April 15, 1997)

(NAR) VOL. 9 NO. 2 / APRIL - JUNE 1998 [ DOH, April 15, 1997 ] IMPLEMENTING RULES AND REGULATIONS OF CHAPTER XIV "HOTELS, MOTELS, AND APARTMENTS, LODGING, BOARDING, OR TENEMENT HOUSES, AND CONDOMINIUMS" OF THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 856) To carry out the provisions of Chapter XIV — "Hotels, Motels, and Apartments, Lodging, Boarding, or Tenement Houses and Condominiums" of the Code on Sanitation of the Philippines (P.D. 856), these rules and regulations are hereby formulated for implementation and strict compliance of all concerned. SECTION 1. SCOPE — These implementing rules and regulations shall apply to all hotels, motels, and apartments, lodging, boarding, or tenement houses, and condominiums and other similar facilities or establishments. SECTION 2. DEFINITION OF TERMS — As used in these rules and regulations, the following terms shall mean: 2.1 ACCESSORY BUILDING — a detached building or structure in a secondary or subordinate capacity from the main or principal building on the same premises. 2.2 ADDITIONAL CONSTRUCTION IN AN ESTABLISHMENT — extension of any structures or rooms in an establishment which requires additional sanitation facilities and amenities. 2.3 APARTEL — a cottage or unit with one or more rooms distinctly different from a hotel room in such a way that cooking is allowed inside and that complete facilities for such are provided. 2.4 APARTMENT HOUSE — a building containing a number of separate residential suites. 2.5 ARTICLE OF BEDDING — includes upholstered furniture and filling materials and any mattress, pillow, cushion, quilt, bed pad, comforter, upholstered spring bed, box-spring davenport or day bed, metal couch, metal bed, metal cot, metal cradle, used for sleeping, resting or reclining purposes and any glider, hammock or other substantially similar article which is upholstered in whole or in part. 2.6 BATHROOM — a room with toilet and bathing facilities. 2.7 BOARDING HOUSE — a building where selected persons for fixed period of time are supplied with and charged for sleeping accommodations and/or meals. Thiswill include dormitories and other similar establishments. 2.8 CONDOMINIUM — a building with one or more storeys composed of multi- unit residential suites under the joint ownership of occupants, each unit provided with complete sanitary facilities, utilities and other amenities. 2.9 EGRESS — an arrangement of facilities to assure a safe means of exit from a building. 2.10 ESTABLISHMENT — a collective term construed to include hotel, apartel, motel, boarding house, tenement house, apartment house, dormitories, inn, lodge, condominium and other similar establishments. 2.11 FUNCTION ROOM — a room in a hotel or other similar establishments rented for public or social ceremonies or gathering or festivities or other forms of entertainment. 2.12 GUEST — the occupant of a hotel/motel and other boarding and lodging rooms. 2.13 HEALTH CERTIFICATE — a certification in writing issued by the city or municipal health officer using the prescribed form to person after passing the required physical and medical examinations and having been administered the required immunizations. 2.14 HOTEL — a building, edifice or premises or a completely independent part thereof, which is used for the regular reception of transient guests, accommodation or lodging of travellers and tourists, and the provisions of services incidental thereto for a fee. 2.15 HEATED WATER — water heated to a temperature of not less than 49°C (120°F) at the outlet. 2.16 INFESTATION — the presence within or around a building of any insect, rodent or other pests. 2.17 LETTABLE ROOM — any room or rooms in an establishment intended for the use or occupancy of any of its guest for a fee. 2.18 LINEN — includes sheets, tablecloths and other similar materials. 2.19 LOBBY — a foyer or an anteroom or a waiting room furnished with lounges, chairs or sofas where guests can register. 2.20 LOCAL GOVERNMENT UNIT — the local political subdivision which refers to the province, city, municipality or barangay. 2.21 LOCAL HEALTH AUTHORITY — an official or employee responsible for the application of a prescribed health measure in a local political subdivision. For a province, the local health authority is the governor, and for a city or municipality, the local health authority is the mayor.2.22 LOCAL HEALTH OFFICER — the provincial, city or municipal health officer. 2.23 LODGING HOUSE — a building where persons are supplied with and charged for sleeping accommodations only. This will include inn, lodge, cabin, cottage, resort, spa, cabaña, club, pension house, hostel and all other similar establishments not classified as hotel by the Department of Tourism. 2.24 MOTEL — a roadside hotel consisting of private cabins usually intended for motorists. 2.25 PERMISSIBLE OCCUPANCY — the maximum number of individuals permitted to stay in a hotel/motel room or similar establishment room. 2.26 PRIVACY — the existence of conditions in hotels and other similar establishments which will permit its guest to carry out an activity without interruption and/or interference either by light or sound. 2.27 ROOM SERVICE — any service or thing supplied and delivered to the guest rooms such as food, drinks, sundries etc. 2.28 SAFETY — the condition of being free from danger and hazards which may cause injuries or diseases. 2.29 SANITATION INSPECTOR — a government official or personnel employed by the national, provincial, city or municipal government, who enforces environmental sanitation rules, laws and regulations and implements environmental sanitation activities under the supervision of the provincial/city/municipal health officer/sanitary engineer. 2.30 SANITARY ENGINEER — a person duly registered with the Board of Examiners for Sanitary Engineers (Republic Act 1364) and who heads or works with the sanitation division/section/unit of the provincial/city/municipal health office or employed with the Department of Health or its regional health offices. 2.31 SANITARY PERMIT — the permission or certification in writing of the city or municipal health officer or in his absence the chief or head of the sanitation division/section/unit that the establishment complies with the existing sanitation requirements upon evaluation or inspection conducted in accordance with Presidential Decree Nos. 522 and 856 and local ordinances. 2.32 TENEMENT HOUSE — a building or portion thereof which is leased or sold to an occupant as residence by a number of families but living independently of one another and having a common right in the use of halls, stairways, terraces, verandas, toilets and baths. 2.33 VERMIN — a group of insects or small animals such as flies, mosquitoes, cockroaches, lice, bedbugs, mice and rats which are vectors of diseases. SECTION 3. SANITARY PERMIT3.1 No establishment covered by these rules and regulations shall be operated and opened for public patronage without a sanitary permit (EHS Form No. 101). 3.2. Any extension or additional construction or alteration in an establishment shall require a new sanitary permit before it could be operated. 3.3 Application or renewal of sanitary permit: 3.3.1 The application or renewal of sanitary permit shall be filed with the city or municipal health once having jurisdiction over the establishment. 3.3.2 Sanitary permit shall be issued only upon compliance to at least a satisfactory rating utilizing the sanitary inspection form for public places establishment (EHS Form No. 103-B). 3.3.3 Fees shall be paid to the local government unit upon application, renewal and noting of sanitary permit. The amount of fees shall be set through city or municipal ordinance. 3.4 Noting of Permit. — If there is a change of ownership of the establishment, the new owner shall apply to the city/municipal health office within fourteen (14) working days to have such change noted in the records and permit certificate and shall pay the corresponding fee for such noting. 3.5 Validity. — The sanitary permit shall be valid for one (1) year, ending on the last day of December of each year, unless otherwise revoked and shall be renewed every beginning of the year thereafter. 3.6 Revocation/Suspension. — Upon the recommendation of the local health officer to the local health authority, the sanitary permit shall be suspended or revoked upon violation of any sanitary rules and regulations. 3.7 Posting. — The sanitary permit shall be posted in a conspicuous place of the establishment for public information and shall be available for inspection by authorized health and other regulatory personnel. 3.8 Record of Sanitary Permit: 3.8.1 Every city/municipal health office shall keep a record of all establishments which have been issued sanitary permit and renewal thereof. 3.8.2 The record shall in every case show the following: a. The name and address of the holder of the sanitary permit; b. The location of the establishment; c. The nature or kind of business for which the permit has been issued;d. The date the first permit was issued and the dates of any renewal thereof; e. Every change of management of the establishment since the first permit was issued; f. Sanitary conditions under which the permit was issued at first issuance or any renewal thereof granted; and g. The revocation of the sanitary permit. 3.8.3 The record shall be available at all reasonable times for inspections by authorized officer of the Department of Health or local government unit. SECTION 4. HEALTH CERTIFICATES 4.1 No person shall be employed in an establishment without first securing a health certificate (EHS Form 102-A, B, C) from the city or municipal health officer of the locality where the establishment is located. 4.2 The health certificate (EHS Form No. 102-A, B, C) shall bear the picture of the employee and shall be displayed visibly in the upper left front portion of his/her uniform while working. 4.3 The health certificate shall be renewed at least every year. 4.4 Health certificates are non-transferable. SECTION 5. SANITARY REQUIREMENTS 5.1 Water Supply 5.1.1 The water supply in an establishment shall be adequate and potable whether from a public or private water supply system and shall be in accordance with Chapter II — "Water Supply of the Code on Sanitation of Philippines (P.D. 856) and its implementing rules and regulations and the Philippine National Standards for Drinking Water. a. All water sources shall have a certificate of portability of drinking water issued by the local health officer as recommended by the sanitary engineer of the locality. b. A minimum of forty (40) liters per capita per day shall be maintained. 5.1.2 When a private water supply is used, it shall be constructed, maintained and operated in accordance with Chapter II — "Water Supply" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. 5.1.3 Except in cases of public water supplies; drinking water samplesshall be submitted by the owners/operators of the establishments to the Department of Health accredited laboratories once a year for physical and chemical examinations and every six (6) months for bacteriological examination or as often as possible as determined by the sanitary engineer. 5.1.4 In cases where the establishment is utilizing two or more water supply sources, no cross-connection with unapproved water supplies shall exist. 5.1.5 Hot and cold water supplies shall be provided by the following establishments: hotels, motels, resorts, apartels, inns, lodges and condominiums. Water pressure shall be maintained at 1.406 kg. per sq. cm. (20 psi). 5.1.6 The provisions of the National Plumbing Code of the Philippines shall strictly be enforced on all water and wastewater piping installation. 5.2 Drinking Water Facilities 5.2.1 Facilities for the dispensing of drinking water shall be of approved sanitary design. 5.2.2 If water-cooling equipment is installed, it shall be of a type in which ice does not come in contact with water. 5.2.3 If drinking fountains are provided, they shall be of approved angle- jet type. 5.2.4 Drinking water container shall not use common dippers or drinking glasses or cups. 5.2.5 All guest rooms of hotels, motels or boarding places shall be provided with glasses and potable water in pitchers (or multi-use tube) or single service cups. Multi-use utensils shall be washed thoroughly and subjected to approved bactericidal treatment and stored and handled in a sanitary manner before being given to succeeding guest. Clean glasses shall be individually wrapped. 5.2.6 Ice used for room service shall be manufactured from an approved and potable water supply, stored and handled in a sanitary manner, or if coming from ice makers dispensing units of the establishments, adequate and acceptable ice storage and dispensing utensils shall be provided and properly used. Ice-making machines shall be placed in a protected place. Ice storage bins shall not be used for any other purpose. 5.2.7 In case bottled drinking water is served to guests/boarders, it shall come from an approved source in accordance with Department of Health Administrative Order No. 18-A, s. 1993 entitled "Bottled Drinking Water" and shall be dispensed only from the original container filled by the supplier. Bottled water shall be served in its original sealed container.5.2.8 The sign "NOT FOR DRINKING", shall be placed conspicuously on faucets or containers dispensing non-potable water. 5.2.9 If drinking water is not supplied from a piped water supply system to the establishment, it shall be handled, transported, dispensed in a sanitary manner and may be stored in a separate tank, reservoir or container approved by the local health officer. 5.3 Wastewater Disposal 5.3.1 All sewage from the plumbing system of an establishment shall be disposed in a public sewerage system, or in absence thereof, in a manner complying with Chapter XVII — "Sewage Collection and Disposal, Excreta Disposal and Drainage" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. A transition period of one year shall be afforded to the establishments to comply with these rules and regulations, otherwise, no renewal of sanitary permit shall be issued. 5.3.2 Storm water shall be discharged to a storm sewer system in all areas where it exists. 5.3.3 Restaurants and food outlets of the establishments shall be provided with properly designed grease traps. A transition period of one year shall be afforded to the establishment to comply with these rules and regulations, otherwise, no renewal of sanitary permit shall be issued. 5.4 Toilet, Bath and Handwashing Facilities 5.4.1 Every room of hotels/motels and other similar establishments shall be provided with toilet, lavatory and bathing facilities in accordance with the following: a. The water closet shall be seat type made of vitreous china or equivalent material. b. Lavatory shall be of vitreous china or enameled cast iron or other approved material and provided with tap and sufficient water. c. Bath tub and/or shower shall be provided. The bath tub shall be made of smooth, non-absorbent material and shall be free from concealed fouling surface. d. The bathroom shall always have toilet tissue and one set of towels and soap per guest per day. e. Water pressure of 1.406 kg./sq. cm. (20 psi) must be available twenty four (24) hours for both the lavatories and shower/bathtub. Hot water with not less than 49°C (120°F) in temperature shall be provided at least four (4) hours in the morning and three (3) hours at night. Schedule of hot water service shall be posted in all bathrooms.f. The bathroom shall be sanitized before the guest room is rented to the next guest. g. For a common bathroom, the male guest room shall have a minimum of one (1) water closet, one (1) urinal, one (1) lavatory, one (1) shower head for every five (5) lettable rooms while the female guest room shall have a minimum of one (1) water closet, one (1) lavatory, one (1) shower head for every three (3) lettable rooms. h. Toilet and urinal shall be provided with anti-odor/absorptive material. 5.4.2 Employees' bathrooms and locker rooms for each gender shall be provided. Number of fixtures relative to the number of personnel per shift shall be as follows: Number of Water Closet Water Closet Wash-hand Wash-hand Urinal Stalls Persons Male Female Basin Male BasinFemale 1 — 29 1 1 1 1 1 30 — 49 1 1 1 2 2 50 — 99 2 2 2 3 3 one (1) fixture additional 50 100 — up unit for each employees Showers: one (1) for every 15 employees Drinking Fountains: one (1) for every 75 employees Locker Rooms: located adjacent to the Seeping quarter/change room Rest Space: adequate for all employees resting per shift 5.4.3 Function rooms/conference rooms and other similar facilities used by guests/visitors of the establishment shall be provided with the following sanitary facilities: Number of Water Closet Water Closet Wash-hand Wash-hand Urinal Stalls Persons Male Female Basin Male BasinFemale 1 — 100 1 1 1 1 1 101 — 200 2 2 1 1 1 201 — 400 3 3 2 2 2 401 — 600 4 4 3 3 3 One (1) fixture additional 100 unit foreach persons Drinking fountain or its equivalent shall be readily available. 5.4.4 Hotels and other similar establishments with Class A restaurants/coffee shops and other food outlets including disco, bars, night clubs shall be provided with the following sanitary facilities: r Dining Room Water Urinal Stalls Wash- Accommodation Closet hand (No. of Persons) BasinMale Female Male Female 1 — 49 1 1 1 1 1 50 — 60 1 2 1 1 1 61 — 120 2 2 2 2 2 One (1) each fixture unit additional for 60 employees 5.5 Solid Waste Management 5.5.1 Every room shall be provided with at least two (2) refuse receptacles or containers made of impervious materials, one for biodegradable and one for non- biodegradable wastes with swing cover. 5.5.2 All receptacles or containers shall be provided with tight fitting lids or covers, so constructed and maintained as to be vermin-proof and easily cleaned. The receptacles or containers shall be lined with black colored trash bags for non- biodegradable and green colored trash bags for biodegradable wastes. 5.5.3 All public areas in the establishment such as lobby, elevator, foyer, floor landing of stairs and other appropriate areas shall be provided with refuse receptacle with separate compartment for cigarette butts. 5.5.4 Garbage and other putrescible animal and vegetable wastes shall be collected and stored in a watertight container with tight-fitting cover. It shall be disposed as frequently as necessary in an approved manner. 5.5.5 Storage of refuse shall be done in such a way that it shall be inaccessible to vermin in order to avoid becoming a potential insect and rodent attractant and harborage and cause of nuisance. 5.5.6 The segregation; collection, storage and disposal of refuse shall be in accordance with acceptable sanitary procedures and regulations. 5.5.7 Separate storage room/bin for dry and wet refuse shall be provided. 5.5.8 Refuse storage areas shall be maintained clean at all times. 5.5.9 All refuse shall be disposed once a day, or more frequently when necessary through the collection system or by any approved sanitary method and in such manner as to prevent nuisance. 5.5.10 All refuse containers or receptacles shall be thoroughly cleaned inside and outside with water, soap and brush after every use. 5.6 Vermin Control 5.6.1 The owners, operators or administrators of the establishment shall maintain a vermin abatement program in the buildings and its surroundings. If they fail, neglect or refuse to maintain a vermin abatement program, the local health agency willundertake the work at his expense. 5.6.2 Guest rooms, bathrooms and other openings to outdoor space shall be effectively screened, unless air-conditioned. 5.6.3 All below grade openings such as windows, lighting and ventilation shall be rat-proofed. Likewise, all openings in the exterior walls, fountains, ground or first floor and roof shall be rat-proofed. In case of heavy rat infestation, wooden exterior doors shall be covered with cuff and chain sheet metal and equipped with an automatic closing device. 5.6.4 The growth of bush, weeds and grass outside or in the surrounding area of the establishment shall be controlled to prevent harborage of ticks, bugs and other noxious insects. 5.6.5 All deratting, disinfestation and disinfecting operations shall be handled by accredited urban pest applicator under the supervision of the local health office at the expense of the owner. 5.6.6 The procedure and frequency of vermin abatement program shall be determined and approved by the local health office. 5.6.7 The vermin control program in all establishments shall be in accordance with Chapter XVI — "Vermin Control" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. 5.7 Article of Bedding 5.7.1 Rooms shall be allocated with clean and freshly laundered fabric and supply materials such a three (3) single size mosquito nets (if not air-conditioned and screened), six (6) bedsheets, six (6) bed spreads, six (6) blankets (where applicable in cold areas), two (2) pillows, twelve (12) pillowcases, six (6) bath towels and twelve (12) face towels. 5.7.2 For each bed, two (2) bed sheets shall be furnished, the lower sheet shall be of sufficient length to fold under both ends of the mattress; where contour sheets are not used, the upper sheets shall be of sufficient length to fold under the mattress at the lower end, and folded over the cover for at least 15 cm. at top end. All sheets shall be changed for each new occupant. All bed linens and furnishing shall be kept clean and in good condition and in good repair. 5.7.3 Furniture, shades, curtains, carpets, other similar accessories and articles of bedding shall be cleaned and sanitized at reasonable intervals, maintained and kept in good condition. 5.7.4 All articles of bedding shall be replaced daily and after every check-out of guest and/or as requested. 5.8 Food and Drink 5.81 Dispensing of food and drink shall be in accordance with Chapter III — "FoodEstablishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. SECTION 6. STRUCTURAL REQUIREMENTS 6.1 Site Requirements 6.1.1 The establishment shall be located in areas or zones designated by existing laws or ordinances for that type of building or development project. 6.1.2 It shall be accessible to transportation. 6.1.3 It shall be located in an area considered safe from potential sources of pollution and nuisances. 6.1.4 It shall be located in an area which receives sufficient amount of sunlight. 6.1.5 There shall be adequate parking area for personnel and guests/occupants. 6.2 Guest Room and Sleeping Room Requirements 6.2.1 Guest rooms (including the bathroom) in hotels/motels and other similar establishments shall have a minimum floor area of 18 square meters and at least 43.2 cubic meter of air space. 6.2.2 Sleeping rooms in dormitories and other boarding places shall have an air space of 14 cubic meters per person. 6.2.3 Height of ceilings shall not be less than 2.4 meters, if air- conditioned and 2.7 meters if not. 6.2.4 Rooms shall be adequately lighted and ventilated. 6.2.5 Approved window covering such as curtains or other equivalent materials shall be provided to ensure privacy for guests and shall be kept clean and in good repair/condition. 6.2.6 The floor, walls, ceiling, closets and storage areas shall be kept clean and in good repair. Storage rooms shall be provided with at least 30 cm. high platform. 6.2.7 All guest rooms shall be provided with at least 0.40 sq. m. of floor to ceiling closet space for personal effect of each guest/boarder. 6.2.8 The establishment shall be kept free from domesticated animals and fowls. Otherwise, accommodation for pets shall be provided but shall be kept separate from the guest/sleeping rooms.6.2.9 Communal cooking and dining facilities in guest/sleeping rooms are prohibited. 6.2.10 Every guest/sleeping room shall have immediate access to an approved means of egress, properly marked, leading to safe and open space at ground level or as required by existing laws. 6.3 Supply Room 6.3.1 Hotels, motels and other boarding lodging establishments shall be provided with a supply room for sundries and other needs. 6.3.2 At least one cabinet or locker for clean clothing materials and supplies and a separate one for soiled materials and supplies shall be provided. 6.3.3 The room shall be free from dirt, vermin and their harborage. 6.4 Lighting 6.4.1 All areas in the establishment shall be properly lighted, both natural and artificial. The following are the minimum standard of illumination that should be observed: Area Lighting Level Hallways, exits, stairways and landing 5 foot candle (53.8 lux) (on floor), elevators, escalators and dining rooms Guest room, sleeping room, dressing 10 foot candle (107.6 lux) room, supply room, lobby, locker room, bathroom and toilet Kitchen, study room, storage room 20 foot candle (215.2 lux) Supplemental illumination in guest 30 foot candle (322.8 lux) room, writing rooms, bath room mirror Food displays 50 foot candle (538 lux) 6.4.2 Lighting shall be reasonably free from glare and distributed so as to avoid shadows 6.4.3 The intensity of illumination shall be measured at a point 76.20 cm. (30 inches) above the floor. 6.4.4 The level of illumination of other areas not otherwise mentioned shall be of such intensity as may be required by the local health offices concerned as recommended by the sanitary engineer/sanitation inspector.6.5 Ventilation 6.5.1 Natural and/or mechanical ventilation which is effective and suitable for comfort and safety of guests/boarders and personnel shall be provided in all areas of the establishments. 6.5.2 When natural ventilation only is provided, window space shall be at least 10% of the floor area opening to a clear space. Windows shall be kept clean and in good repair/condition. 6.5.3 In the absence of effective natural ventilation, mechanical ventilation with airflow from a clean area and discharged in such manner as not to create nuisance, shall be provided with the following: a. Air-conditioning units — provide 1.5 Horse Power (6,000 BTU/hr) air- conditioner for every 50 cubic meter room volume. b. Exhaust fans or blowers i. Guest/Sleeping Rooms — provide a 25.4 cm. diameter blower fan per 35 cubic meter room volume (or equivalent minimum cubic meter of air per minute at 10 air changes per hour). ii. Storage and Supply Rooms — provide a 15.24 cm. diameter blower fan per 35 cubic meter room volume (or equivalent minimum cubic meter of air per minute at 3 air changes per hour). iii.Kitchen, Dining and Study Rooms — provide a 25.4 cm. diameter blower fan per 35 cubic meter air volume (or equivalent minimum cubic meter of air per minute at 3 air changes per hour). iv. Toilet and Bathrooms — provide a 15.24 cm. diameter exhaust fan per 10 cubic meter room volume (or equivalent minimum cubic meter of air per minute at 3 air changes per hour). Mechanical exhaust systems shall be connected to the light circuits of windowless bathrooms. c. Air circulation in the room of the establishment shall be supplied through air inlets arranged, located and equipped so that the personnel and guests/visitors are not subject d to air velocities exceeding 1.02 meter per second. 6.6 Floors 6.6.1 Floors shall be constructed of smooth and easily cleaned materials and shall be maintained in good repair/condition. 6.6.2 Materials such as concrete, tile, terrazzo, tongue and grooved hardwood, marble, parquet and other similar materials can be used provided there are no cracks and holes. Defective blanks shall not be utilized.6.6.3 Floors may be covered with linoleum, carpets, smooth surfaced rubber or plastic and similar materials. The floor covering shall be cleaned and maintained in a satisfactory state of cleanliness. 6.6.4 Floors in bathroom and other areas subject to wetting shall be constructed of impervious and non-slipping materials. 6.6.5 Floor drains shad be provided. Floors which are water flushed for cleaning or which receive water discharges or other fluid wastes from equipment shall be graded to drain. 6.6.6 All floors shall be kept clean at all times. 6.7 Walls and Ceilings 6.7.1 Walls and ceilings shall be smooth, tight constructed, even, and in good repair. 6.7.2 Walls shall be finished with panelling, wall cover or similar materials which can be cleaned easily without damaging the surfaces. 6.7.3 Walls and ceilings shall be painted or made of flat non-glare reflecting material. 6.7.4 Wall finish of bathrooms and other areas which are subject to wetting or splashing shall be of impervious materials. 6.7.5 Decorations, ornaments, lighting fixtures and other attachments to walls and ceilings shall be maintained cleaned at all times. All surfaces shall be refurbished, repaired or rehabilitated as often as necessary. SECTION 7. OTHER ESTABLISHMENT FACILITIES 7.1 Hotels/Motels 7.1.1 Lobby a. Reception area where guests ordinarily register shall be located in the establishment lobby. b. The lobby shall be equipped with lounges, easy chairs or sofas, the number of which shall be equal to at least 5% of the maximum number of occupants of all the lettable rooms of the establishment. c. Coffee shops, bars, sundry shops and other similar facilities can be located in the lobby provided that such location will not disturb the smooth flow of the traffic therein, will not contaminate the food outlets, and will not be more than 25% of the total floor area of the lobby. d. Smoking and non-smoking areas of the lobby shall be properlydesignated for the convenience of guests and the protection of public health, and in accordance with local ordinances. 7.1.2 Food Service Areas a. Food service areas such as dining rooms, kitchens, bars storage rooms, packaging rooms and other similar areas where food and drinks are being manufactured, processed, stored, sold and served, as well as the utensils, equipment, machines, appliances used thereat and the rating and classification of such food establishments shall conform to the pertinent provisions of Presidential Decree Nos. 856 and 522 and their implementing rules and regulations. 7.1.3 Tonsorial and Beauty Shops a. Barber shops, beauty parlors, figure slendering saloons and similar shops located inside or within the compound of the establishment shall conform to the requirements of the pertinent provisions of Presidential Decree Nos. 856 and 522 and their implementing rules and regulations. 7.1.4 Swimming Pools and Recreational Bathing Places a. Operation of swimming pools and/or recreational bathing places shall conform to the pertinent provisions of the Presidential Decree Nos. 856 and 522 and their implementing rules and regulations. 7.1.5 Physical Fitness Rooms a. Health clubs, gyms, body building, aerobic exercise and other physical fitness rooms shall conform to the requirements of Section 5, sub-sections 5.3, 5.4, 5.5 and 5.6 of these rules and regulations. 7.1.6 Massage Room, Sauna Bath and Other Similar Facilities a. Operation of massage rooms, sauna bath and other similar facilities shall conform to the pertinent provisions of Presidential Decree Nos. 856 and 522 and their implementing rules and regulations. 7.1.7 Laundry Facilities a. Laundry facilities, if provided, shall conform to the provisions of Chapter V — "Public Laundry" of the Code on Sanitation of the Philippines (P.D. 856). 7.1.8 Medical and Dental Facilities a. Medical and dental services shall be provided to employees and guests of hotels and shall be in accordance with the existing laws and regulations (Hotel Code, 1987). 7.2 Dormitories and Other Similar Establishments7.2.1. Sleeping quarters of dormitories and other similar establishments shall not be overcrowded. Adequate air space of 14 cubic meters per person shall be maintained. For the purpose of computation, the height of ceiling is 2.4 meters. 7.2.2 A kitchen area shall be provided for use of the boarders. It shall also be provided with kitchen sinks, food storage refrigerators or cabinets, storage cabinets for cleaned tableware and dishwares. 7.2.3 A dining room with a floor area of not less than 12 square meters with a minimum width of 3 meters shall be available for use of the boarders. The dining room shall be equipped with a clean fly-proofed food showcase. 7.3 Condominiums, Apartments, Tenement Houses and Other Similar Establishments 7.3.1 Operation of rooms and facilities shall conform with the provisions of these rules and regulations and its design and construction shall be in accordance with the National Building Code of the Philippines. 7.3.2 The following conditions shall apply to the choice of sites for condominiums and other similar establishments: a. Consistent with zoning plan of the locality. b. Availability of transportation and communication services. c. Availability of power and drinking water facilities and services. d. Facilities for liquid and solid waste disposal and cleanliness of buildings. e. Nearness to place of work, schools, police stations and clinics. f. Availability of low-cost goods and services. g. Parking facilities and playgrounds for children. h. Efficiency of lifts. 7.4 Other Rooms Located Inside the Establishments — Other rooms such as rented offices shall conform with the provisions of these rules and regulations and other existing laws, regulations, and ordinances. SECTION 8. EVALUATION AND INSPECTION 8.1 Responsible Officer — It shall be the duty of the city or municipal health officer to cause the evaluation and inspection of every establishment herein mentioned at least once every three (3) months and to cause additional evaluation and inspections as deemed necessary for the enforcement of these rules and regulations. Inspectionof the establishment shall be conducted within seven (7) days after payment of the inspection fee to the city/municipal treasurer concerned. 8.2 Sanitation Inspection Fee — The fees payable for every inspection shall be of such amount prescribed by local ordinance. 8.3 Mission Order 8.3.1 The city or municipal health officer or the chief of sanitation division/section/unit of the local health office, as the case maybe, shall issue a mission order (EHS Form No. 112) for every sanitation inspection that will be conducted by the sanitary engineer/sanitation inspector. 8.3.2 The mission order must contain the date, mission order number and series, the name of the inspector and I.D. number, the business names, addresses, categories of establishments to be inspected and the scheduled dates of inspections. This must be shown to the owner/operator of the establishment before any inspection is conducted. The immediate supervisor of the inspector shall monitor the enforcement of the mission order. 8.3.3 Sanitary inspection conducted without a mission order is prohibited. 8.3.4 The owner/operator of the establishment shall report to the local health officer or chief of sanitation division/section/unit the unauthorized inspection that was executed. 8.4 Uniform of the Sanitation Inspector and Aids to Inspection 8.4.1 The sanitation inspector shall wear the prescribed uniform of the office with the proper identification card while conducting the inspection. 8.4.2 He shall likewise bring all the equipment and supplies needed in the inspection such as the inspection forms, clipboards, thermometers, flashlight, measuring tape, camera, light meter, water pressure gauge, chlorine residual and pH comparator kits, blacklight, etc., and copy of the sanitation laws and other materials. 8.5 Recording of Inspection 8.5.1 The sanitary engineer/sanitation inspector shall keep a record of all inspections or evaluation reports in an inspection form (EHS Form No. 103-B). 8.5.2 The sanitary engineer/sanitation inspector shall furnish the original of such report to the owner/operator. 8.5.3 Demerits entered in the appropriate column of the inspection form shall indicate that the item does not conform to the requirements of these regulations.a. The inspection form has twenty (20) items. Non-complying item is indicated with an (X). Every such item is weighted with a demerit of five (5). The rating of the establishment is therefore: 100 less (number of demerits x 5). The result is expressed as a percentage (%) rating. 8.5.4 Sanitation Standard a. Percentage rating has an equivalent sanitation standard as follows: Percentage Sanitation Color Code Rating Standard 90 -100% Excellent Luminous Green 70 - 89% Very satisfactory Luminous Yellow 50 - 69% Satisfactory Luminous Red b. The sanitation standard rating sticker (SSRS) (EHS Form No. 104- A/C) shall be posted in a conspicuous part of the establishment, preferably at the door, for guidance of the guests and the general public. It shall be updated once every three (3) months, unless revoked earlier. 8.5.5 The average sanitation standard of every category of establishments shall be evaluated by the local health officer/chief of sanitation division/section/unit every end of the year to determine its improvement/maintenance of rating. 8.6 Report of Inspection — 8.6.1 The sanitary engineer/sanitation inspector who conducted the inspection shall complete the sanitary inspection report, and whenever an inspection form issued indicates non-complying items, he shall notify the owner/operator of the establishment regarding the corrections to be made and indicate a reasonable period for its compliance. a. The recommended corrective measures shall be specific in nature for the easy understanding of the owner/operator of the establishment. b. Reasonable period of compliance or grace period shall be inclusive of Saturdays, Sundays and holidays. 8.6.2 The sanitary, engineer/sanitation inspector who conducted the inspection shall likewise prepare a sanitary order (EHS Form No. 107) for approval of the local health officer or chief of the sanitation division/section/unit as the case may be. 8.6.3 Within 48 hours after the evaluation or inspection, the original of the inspection report (EHS Form No. 103-B) and the sanitary order shall be furnished and acknowledged by the holder of the sanitary permit or the owner/operator of the establishment. The inspection report shall be personally delivered, or shall be sent through postal service, registered with return card.8.7 Re-Inspection 8.7.1 If upon re-inspection after the deadline, the sanitary engineer/sanitation inspector finds that correction has not been effected, he shall report to the local health officer who shall recommend to the local health authority the revocation of the sanitary permit. 8.7.2 A copy of the inspection form and any notice served shall, in all cases be filed and kept by the local health office and be available at all reasonable times for inspection by authorized officials. 8.8 Service of Notice 8.8.1 Whenever an evaluation or inspection form indicates non- complying items; the local health officer shall serve the owner/operator of the establishment a sanitary order requiring him, within the grace period stated in the order, to take remedial action as may be specified therein. 8.8.2 In the event of non-compliance of the first sanitary order by the owner/operator of the establishment, the local health officer may serve a second notice: a. Second Sanitary Order i. If the owner/operator of the establishment needs additional time to comply with the first sanitary order, he shall request the local health officer in writing, prior to the expiration of the grace period in the sanitary order, for an extension of the grace period. The local health officer, upon the recommendation of the sanitary engineer/sanitation inspector who conducted the inspection, will act on such request. ii. Notice of Hearing (EHS Form No. 118) — The local health officer shall call the owner/operator of the establishment to show cause, at a time and place stated in the notice why the sanitary permit issued in respect of the establishment should not be revoked. 8.9 Revocation of Permit 8.9.1 After prior notices and hearing as provided above, the local health officer, if satisfied that the terms of the two notices have not been complied with or failure to comply therewith is not excusable, shall recommend to the local health authority the revocation of the said permit, or 8.9.2 After a second sanitary order on an extended grace period, a re- inspection was conducted and still the owner/operator fails to comply with such order as reported by the sanitary engineer/sanitation inspector, the local health officer shall recommend to the local health authority the revocation of the sanitary permit without delay and shall inform other related agencies of the city/municipality of the revocation.8.9.3 Lifting of suspension of sanitary permit may be recommended whenever the owner/operator of the establishment complies with the notices. 8.9.4 The owner/operator of the establishment may file a motion for reconsideration to the local health authority if he is not satisfied with the action by the local health officer. 8.9.5 The local health authority may file court proceedings against any establishment continuously operating after the revocation of its permit. 8.10 Summary Suspension of Permit — Whenever the local health officer finds unsanitary or unhealthy conditions in the operation of the establishment which constitute a substantial hazard to public health, the local health officer shall recommend the immediate suspension of the sanitary permit. Any person to whom such order is issued may file a written petition and shall be afforded a hearing within 48 hours. 8.11 Appeals — The person or panel conducting the hearing may confirm, modify or reverse the decision appealed from which decision shall be final. 8.12 Power of Entry — Any sanitary engineer/sanitation inspector or duly authorized officer of the Department of Health or of the provincial, city or municipal health offices, upon presentation of the proper credentials may at all reasonable times enter into any premises of an establishment used for any of the purposes referred to in these rules and regulations, for the purpose of inspection or any other action necessary for administration of these rules and regulations. 8.12.1 Sanitation inspections shall be conducted by officials in accordance with Section 3 of these rules and regulations. 8.12.2 Sanitation inspections shall be done preferably during the operation of the establishment. 8.13 Hearings — The local health authority may conduct hearings regarding erring establishments to include appeals from establishments. The decision of the local health authority shall be deemed final and executory. SECTION 9. RESPONSIBILITY OF THE LOCAL HEALTH AUTHORITY — The local health authority shall: 9.1 Pass an ordinance consistent with these implementing rules and regulations to strengthen its enforcement. 9.2 Provide the necessary supplies and materials of the sanitary engineer/sanitation inspectors. 9.3 Enforce the pertinent provisions of these rules and regulations in his area of jurisdiction. SECTION 10. RESPONSIBILITY OF THE LOCAL HEALTH OFFICER — The local health officer shall;10.1 Conduct or cause the regular inspection of hotels and other similar establishments and their premises to ascertain their state of sanitation. 10.2 Ascertain the validity of the sanitary permit of the establishments and health certificates of the personnel employed in these establishments; 10.3 Post the sanitation standard rating sticker (SSRS) in a conspicuous part of the establishment for public guidance after each inspection. 10.4 Apply precautionary measures to prevent the spread of any communicable disease among persons staying in the hotel and other similar establishments and investigate all reported illnesses and deaths. 10.5 Coordinate with the Department of Tourism in the classification of hotels. 10.6 Coordinate with the other government agencies and non- government organizations in the improvement of the operation of these establishments in accordance with Presidential Decree Nos. 856 and 522 and Letter of Instruction No. 247. 10.7 Enforce the provisions of these rules and regulations. SECTION 11. RESPONSIBILITY OF THE OWNER/OPERATOR — The owner/operator shall: 11.1 Report the occurrence of notifiable disease in his establishment to the local health officer. 11.2 Report all deaths occurring in his establishment to the local health officer. 11.3 Conduct in-house inspection of the establishment. 11.4 Keep the records of all registered guests. 11.5 Assist the local health officer in the campaign for the prevention of sexually transmitted diseases, AIDS and other communicable, contagious and infectious diseases. 11.6 Assist in the preservation of drinking water and promote proper sanitation practices in his establishment. 11.7 Guide the authorized officers in the conduct of inspection. SECTION 12. PENAL PROVISION 12.1 Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the provisions of these rules and regulations, shall be guilty of misdemeanor and upon conviction shall be punished by imprisonment for a period not exceeding six (6) months or by a fine notexceeding P 1,000.00 or both, depending on the discretion of the court. 12.2 Any person who shall interfere or hinder, or oppose any officer, agent or member of the Department of Health or of the bureaus and offices under it, in the performance of his duty as such under these rules and regulations, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of these rules and regulations shall be guilty of misdemeanor and punishable upon conviction by imprisonment for a period not exceeding six (6) months or by a fine not exceeding P1,000.00 or both depending on the discretion of the court. SECTION 13. SEPARABILITY CLAUSE — In the event that any rule, section, paragraph, sentence, clause or word of these rules and regulations is declared invalid for any reason, the other provisions thereof shall not be affected thereby. SECTION 14. REPEALING CLAUSE — All pertinent rules and regulations which are inconsistent with the provisions of these rules and regulations are hereby repealed or amended accordingly. SECTION 15. EFFECTIVITY — These rules and regulations shall take effect after fifteen (15) days from date of publication in the official gazette or in a newspaper of general circulation. Adopted: April 15, 1997 (SGD.) CARMENCITA NORIEGA-REODICA, M.D., M.P.H., CESO II, Secretary of Health Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS)