IRR of Chapter IX of P.D. No. 856 (December 15, 1997)

(NAR) VOL. 9 NO. 2 / APRIL - JUNE 1998 [ DOH, December 15, 1997 ] IMPLEMENTING RULES AND REGULATIONS OF CHAPTER IX — "REST AREAS, BUS TERMINALS, BUS STOPS AND SERVICE STATIONS" OF THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 856) To carry out the provisions of Chapter IX — "Rest Areas, Bus Terminals, Bus Stops and Service Stations" 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 rest areas, bus terminals, bus stops, bus stations and service stations and their premises, establishments operating within their premises, either privately or publicly operated, and personnel working thereat. SECTION 2. DEFINITION OF TERMS 2.1 BUILDING — an edifice or structure, framed or constructed, designed to stand more or less permanently, and covering a space of land, for use as dwelling, shelter, storehouse, or for industrial, commercial, business and some other useful purposes. 2.2 BUS STOP — a common place for the stopover of buses located along the highways or regular route for transport in long ravel. 2.3 BUS TERMINAL/BUS STATION — a passenger station and a place for the final stopover or a permanent station, office and yard of buses, which may also serve as loading and unloading area for passengers. 2.4 DEPARTMENT — the Department of Health. 2.5 ESTABLISHMENT — a collective term construed to include all rest areas, bus terminals, bus stops and service stations and their premises. 2.6 HEALTH CERTIFICATE — a certification in writing using the prescribed form issued by the city or municipal health officer to a person after passing the required physical and medical examinations and immunizations. 2.7 INFESTATION — the presence within or around the establishment of any insect, rodent or other pest. 2.8 LOCAL HEALTH AUTHORITY — an official or employee responsible for the application of a prescribed health measure in a local political subdivision. For aprovince, the local health authority is the governor, and for a city or municipality, the local health authority is the mayor. 2.9 LOCAL HEALTH OFFICER — the provincial, city or municipal health officer. 2.10 OPERATOR — the owner, manager or administrator of the establishment. 2.11 OVERCROWDING — the convergence of large number of persons or motor vehicles closely accommodated together or adjacent to each other without order. 2.12 NUISANCE — anything that injures health, endangers life, offends the senses, or produces discomfort to the community. 2.13 REGIONAL DIRECTOR — an official who heads a regional health office. He/she is the duly authorized representative of the Secretary of Health in the region. 2.14 REST AREA — a facility located at strategic point along the national highway or route of the traveling public which is provided with parking space, restaurants or snack bars, other business shops, recreational facilities, service stations, public restroom facilities or waiting sheds for travelers and commuters. 2.15 SAFETY — the condition of being free from danger and hazard which may cause accident or disease. 2.16 SANITARY ENGINEER — a person duly registered with the Board of Examiners for Sanitary Engineers (R.A. 1364) and who heads the sanitation division/section/unit of the provincial/city/municipal health office or employed with the Department of Health or its regional health offices. 2.17 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. 2.18 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. 2.19 SECRETARY — the Secretary of Health. 2.20 SERVICE FACILITIES — part of bus terminal/bus station that refers to the sanitary facilities, washing bays, parking areas, repair stations. 2.21 SERVICE STATIONS — (commonly known as gasoline stations) where service for motor vehicles may be obtained such as fuel, oil, water, air for tires, greasing and repair. 2.22 VERMIN — a group of insects or small animals such as flies, mosquitoes,cockroaches, lice, bedbugs, mice, ticks, fleas, mites and rats which are vectors of diseases. 2.23 VERMIN ABATEMENT PROGRAM — a series of preventive and control procedures and activities of vermin control in the establishment and its premises. 2.24 WAITING AREA — a designated place for waiting passengers located inside the bus terminal. 2.25 WAITING SHED — a designated place for commuting passengers located along the highway that can accommodate a minimum of thirty (30) passengers. SECTION 3. SANITATION REQUIREMENTS FOR OPERATING REST AREAS, BUS TERMINALS, BUS STOPS AND SERVICE STATIONS 3.1 No establishment covered by these rules and regulations shall be operated 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/municipal health office 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 of public places establishment form (EHS form No. 103-B). 3.3.3 Fees shall be paid to the local government unit upon approval of this 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 sanitary permit and shall pay the corresponding fee for such noting. 3.5 Validity. The sanitary permit shall be valid on the day of issuance until the last day of December of the same year, unless otherwise revoked and shall be renewed every beginning of the year thereafter. 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. 3.6 Posting of Permit. The sanitary permit shall be posted in a conspicuous part of the establishment for public information and shall be available for inspection by health and other regulatory personnel. 3.7 Record of Sanitary Permit3.7.1 Every city or municipality shall keep a record of all establishments that have been issued sanitary permit and renewal thereof. 3.7.2 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/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 or any renewal thereof granted; and g. The revocation of the sanitary permit. 3.7.3 The record shall be available at all reasonable times for inspections by any officer of the Department of Health or local government unit. SECTION 4. HEALTH CERTIFICATES 4.1 No person shall operate or be employed in the establishment without first securing a health certificate (EHS Form No. 102-B) issued by the city or municipal health officer of the locality where the establishment is located. 4.2 The health certificate shall bear the picture of the employee and shall be displayed visibly in the upper left portion of his/her uniform while working. 4.3 All bus drivers, bus conductors, bus inspectors, bus mechanics, and office personnel, personnel of service stations, rest area personnel, bus stop personnel and bus terminal personnel including all personnel working or operating in the shops/stalls/space/carts operating within the premises of the establishment shall be required to possess an up-to-date health certificate before they could work in the establishment. 4.4 The local health office prior to the issuance of the health certificate shall provide briefings to the recipient. 4.5 The health certificate shall be renewed at least every year. 4.6 Health certificates are non-transferable. 4.7 Requirements regarding food handlers and food establishments, thatare working or operating within the premises of the rest areas, bus stops, but terminals and service stations shall conform to the provisions of Chapter III — "Food Establishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. 4.8 All personnel of the establishment shall, while working or on duty: 4.8.1 Observe good personal hygiene; 4.8.2 Wear the prescribed uniform of the establishment; and 4.8.3 Refrain from smoking while working. SECTION 5. GENERAL REQUIREMENTS FOR REST AREAS, BUS TERMINALS, BUS STOPS AND SERVICE STATIONS 5.1 Rest areas, bus terminals, bus stops, and service stations with one or more permanent sheds, buildings, and service facilities for motor vehicles shall be provided with sanitary facilities for the convenience and personal necessities of the traveling public. They shall be well lighted and ventilated in accordance with the standards of the Department of Health. 5.2 Rest areas and bus stops shall be constructed at least one for every two (2) hours travel interval but not shorter than 30 kilometers interval along national highways and shall preferably occupy a one hectare area. They shall be erected at a reasonable distance from the shoulder of the road, with due regard to traffic flow, zoning regulations, fire safety, environmental concerns and aesthetics. 5.3 Waiting sheds for commuters shall be of adequate size to comfortably accommodate a minimum of thirty (30) persons. Floors shall be smooth concrete finish and adequate seats provided. 5.4 The owners; operators, or administrators shall maintain a vermin abatement program in the establishment. If they fail, neglect, or refuse its implementation, the local health agency will undertake the work at their expense. 5.5 All passengers' headrest and seat covers of public vehicles shall be cleaned and disinfected prior to leaving the terminal stations, from point of origin and after arrival at point of destination. However, public buses shall be cleaned and disinfected as necessary in between bus stops. 5.6 Ambulant food vendors may be allowed to operate within the premises of the establishment provided they sell only pre-packed foods. 5.7 Rest areas shall have a minimum area that could accommodate five (5) buses at one time or a minimum of 250 square meter parking space. 5.8 All solid wastes generated from buses shall be disposed to a refuse receptacle located at their designated bus stops or bus terminals. All buses equipped with toilet facilities shall dispose sewage in a proper and sanitary manner at their designated bus stop's toilet facilities.5.9 All food establishments in rest areas, bus terminals, bus stops and service stations shall comply with the provisions of Chapter III — "Food Establishments" of the Code on Sanitation of the Philippines, (P.D. 856) and its implementing rules and regulations. 5.10 Other structures or stalls, located inside the premises of the establishment shall comply with the existing standards of the Department of Health, the National Building Code of the Philippines, Fire Code of the Philippines and other relevant existing laws. SECTION 6. SANITARY FACILITIES REQUIREMENTS 6.1 Toilet Facilities 6.1.1 General Requirements a. Adequate and clean toilet facilities for male and female for the use of the traveling public and personnel shall be provided in properly located areas. b. Toilet facilities shall be easily accessible to the customers and personnel. c. Adequate lavatories shall be provided within or adjacent the toilet rooms. d. Toilet rooms shall b a completely enclosed, properly lighted, and ventilated by windows or forced air removal. e. Basement toilets shall be avoided due to lack of sunlight, difficulty of ventilation and cost of sewer connections. f. Odor absorbent materials such as saw dust and activated carbon shall be installed in the toilet rooms. g. The walls of toilet rooms shall be painted or finished in light color. h. The operators shall do proper operation and maintenance. i. Adequate water for flushing and handwashing purposes shall be provided. j. The number of toilet bowls, urinals and lavatories shall be provided in accordance with the following tables: TABLE 1. MALE COMFORT ROOM NUMBER OF MALE TOILET BOWL URINAL LAVATORY CUSTOMERS Below 60 1 1 1 60 to 120 2 2 2 For each additional 60 males, one (1) toilet, one (1) urinal, and one (1) lavatory shallbe provided. One toilet for male customers with disabilities shall also be provided. TABLE 2. FEMALE COMFORT ROOM NUMBER OF TOILET BOWL LAVATORY FEMALE CUSTOMERS Below 30 1 1 30 to 60 2 1 61 to 120 3 2 For each additional 60 females, one (1) toilet and one (1) lavatory shall be provided. One (1) toilet for female customers with disabilities shall also be provided. TABLE 3. PERSONNEL COMFORT ROOM NUMBER TOILET URINAL LAVATORY OF BOWL PERSONNEL Male Female Male Male Female Below 30 1 1 - 1 1 30 to 49 1 2 1 2 2 50 to 99 2 2 2 3 3 For 100 and above number of personnel, additional one (1) fixture for every 50 personnel shall also be provided. One (1) shower for every 15 personnel and one drinking fountain for every 75 personnel shall be provided. 6.1.2 Toilet Structural Requirements a. The local health officer shall approve the following as recommended by the sanitary engineer: i. Plans of the toilet; ii. All plumbing connections which shall be in accordance with the National Plumbing Code of the Philippines; and iii.Individual sewage disposal system, sub-surface absorption system or other treatment device. b. Minimum Space Requirement: TABLE 4. COMFORT ROOM SPACE REQUIREMENTS UNIT SQUARE METERS/UNIT TOILET ROOM 1.50 WASH-HAND BASIN 1.11 URINALS 1.11c. Minimum height of toilet ceiling: 2.50 meters. d. Lighting: not less than 10 foot-candle (107.6 lux) e. Natural Ventilation: window space shall be at least 25% of the floor area of toilet room. f. Mechanical Ventilation: use of exhaust fan. 6.2 Hand-Washing Facilities 6.2.1. Lavatories a. Lavatories shall be installed in convenient places and as near as practicable to the toilet room. b. If required by the local health officer upon recommendation by the sanitary engineer/sanitary inspector an additional lavatory shall be installed in the establishment. 6.2.2 Maintenance of Lavatories a. An adequate supply of liquid/bar soap, and hand dryer approved by the local health officer shall be provided. i. Paper towels are preferred for hand drying in the absence of mechanical drying device. ii. The use of a common towel shall not be permitted. b. The lavatory shall be properly and appropriately repaired and maintained. 6.3 Drinking Facilities 6.3.1 Drinking fountains or equivalent drinking facilities with a minimum ratio of 1:100 commuters or passengers or customers during the peak hour of operation shall be provided. 6.4 Water Supply 6.4.1 The drinking water supply shall be in accordance with the provisions of Chapter II — "Water Supply" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. The quality of water used shall conform to the Philippine National Standards for Drinking Water. a. All water supply sources shall have a certificate of portability of drinking water issued by the local health officer. b. A minimum of forty (40) liters of water per capita per day shall bemaintained. 6.4.2 Running water, under adequate pressure, shall be provided in all areas where food is prepared, processed, or handled and where food equipment and utensils are washed. Water pressure shall be maintained at 1.41 kilogram per square centimeter (20 psi). 6.4.3 Drinking water if not supplied from a piped water supply system to the establishment 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. 6.5 Sewage Disposal and Drainage 6.5.1 Sewage from the establishment's plumbing system shall be connected to a public sewerage system, if available, or to an imhoff or septic tank or other waste water treatment facility and subsurface absorption field. 6.5.2 Storm water shall be discharged to a storm, sewer system in all areas where it exists. 6.5.3 Establishments with restaurants and food outlets shall be provided with properly designed grease traps. 6.5.4 All other pertinent provisions of the implementing rules and regulations of Chapter XVII — "Sewage Collection and Disposal, Excreta Disposal and Drainage", of the Code on Sanitation of the Philippines, P.D. 856, is hereby, adopted and made part of these implementing rules and regulations. 6.6 Solid Waste Management 6.6.1 Every room and waiting area shall be provided with at least two (2) refuse receptacles or containers with swing covers, one each for biodegradable and non-biodegradable materials. It shall be lined with black colored trash bags for non-biodegradable and green colored trash bags for biodegradable materials. The establishment personnel shall collect refuse daily. 6.6.2 All public areas in the establishment and premises shall be provided with refuse receptacle with separate compartment for cigarette butts. 6.6.3 Garbage and other putrescible animal and vegetable wastes shall be collected and stored in a watertight container with tight-fitting lids and removed as frequently as may be necessary and disposed of in a manner approved by the local health officer. 6.6.4 Accumulation of refuse that may become harborage and breeding places of vermin shall not be permitted.6.6.5 The collection, segregation, storage, and disposal of refuse shall be in accordance with existing procedures and regulations of the Department of Health. 6.6.6 Separate storage room/bin for dry and wet refuse shall be provided. 6.6.7 All other pertinent provisions of the implementing rules and regulations of Chapter XVIII — "Refuse Disposal" of the Code on Sanitation of the Philippines, P.D. 856, is hereby adopted and made part of these rules and regulations. 6.7 Vermin Control 6.7.1 The establishment shall maintain a vermin abatement program in the buildings and premises. 6.7.2 Rooms, toilet rooms, and other openings to outdoor space shall be effectively screened, unless air-conditioned. 6.7.3 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 and automatic closing device. 6.7.4 The growth of bush, weeds, and grass shall be controlled to prevent harborage of ticks, bugs, and other noxious/harmful insects. 6.7.5 All deratting, disinfestation and disinfecting operations using pesticides shall be handled by competent and accredited urban pest control applicators. 6.7.6 All other pertinent provisions of the implementing rules and regulations of Chapter XVI — "Vermin Control" of the Code on Sanitation of the Philippines (P.D. 856) is hereby adopted and made part of these rules and regulations. 6.8 Lighting 6.8.1 The general standards of illumination provided shall permit effective inspection and cleaning and shall be of sufficient intensity and appropriate to the purpose for which any room or place is used. Illumination shall be supplied by a source of light that is constant, without fluctuation or oscillation that may cause eye fatigue. 6.8.2 In waiting or pre-departure rooms or areas in bus terminals, bus stops and rest areas, a minimum illumination intensity of 10 foot-candles (107.6 lux) shall be provided. 6.8.3 In rooms where food is prepared or packed or in which utensils or hands are washed, there shall be a minimum illumination intensity of 20-foot candles (215.2 lux); in premises where food is consumed, there shall be a minimum illumination intensity of 5-foot candles (53.8 lux). 6.8.4 Intensities of illumination shall be measured at a point 75 cms. (30 inches) above the floor, the lighting intensity shall be measured by a light meter (foot-candle meter or lux meter). 6.8.5 All lighting shall be reasonably free from glare and distributed to avoid shadows. 6.8.6 At other areas or working surfaces, the illumination shall be in the following intensity: a. 100 foot-candles (1076 lux) — seeing tasks requiring discrimination of fine details under conditions of fair contrast and where the nature of work is very exact and prolonged; b. 50 foot-candles (538 lux) — seeing tasks requiring discrimination of details over prolonged periods of time and under conditions of moderate contrast; c. 10 foot-candles (107.6 lux) — casual seeing tasks not involving discrimination of fine details; and d. 5 foot-candles (53.8 lux) — rough seeing tasks not requiring critical seeing. 6.8.7 Supplemental lighting shall be added where the tasks require more light than is provided by the general illumination, or where direction of light is indicated in the form of a low placed fixture or a "spotlight" type of light. 6.8.8 Lighting fixtures used in areas exposed to extreme temperatures shall be the types approved by the local health officer as recommended by the sanitary engineer/sanitation inspector. 6.9 Ventilation 6.9.1 Ventilation shall be provided effectively to maintain a suitable and comfortable condition. The natural air supply in any room or workplace shall in no instance be less than 0.005 cubic meter per second per person. In rooms where work is demanding, a ventilation rate of 0.015 cubic meter per second per person is required. 6.9.2 The ventilation shall be adequate to prevent the air from becoming excessively dry, prevent condensation and formation of excess moisture on walls and ceilings. 6.9.3 In the absence of effective natural ventilation, mechanical ventilation with airflow from a clean area, and discharging in such a manner, not to create a nuisance, shall be provided. Toilets shall beprovided with mechanical exhaust ventilation by which the air in the rooms is changed not less than six times per hour. 6.9.4 Canopies, air ducts, fans or other appliances shall be provided as required by the local health officer as recommended by the sanitary engineer in particular circumstances. a. Equipment and processes that emit or create harmful smokes, fumes, vapors, and other impurities shall be connected to an exhaust system to protect the health of those exposed and so as not to create nuisance to others. b. A complete exhaust system shall include an air suction device, hoods, ducts, fan objectors, separators, receptacles, and other necessary parts for its proper installation. Inlet velocities shall be regulated per existing standard on industrial hygiene. i. Ventilation hoods, and devices shall be designed to prevent grease or residue from dripping into food preparation surfaces; ii. Grease filters if used, shall be installed so that they are readily removable for cleaning and replacement; and iii.Air ducts shall be designed and maintained to prevent the entrance of dust, dirt, vermin, or other contaminating material. c. All exhaust system shall discharge to the outside atmosphere. Air may be recirculated if it is passed through a suitable cleaning device. i. The amount of air circulated in workrooms shall not exceed seventy five percent (75%) and in dining rooms shall not exceed fifty percent (50%); ii.Air circulated in workrooms shall be supplied through air inlets arranged, located, and equipped so that the workers are not subjected to air velocities exceeding 1 meter per second. d. The point of discharge of an exhaust system shall be located in order that the discharge materials shall not re-enter places of employment nor create hazard to the public nor cause any nuisance. e. In all workrooms, outside air shall be provided at the rate of 0.008 cubic meter per second per person, or one-half air change per hour whichever is greater. f. Effective provision shall be made for securing and maintaining a reasonable temperature. Ideal temperature in all work areas is 26.67ºC (80ºF) 6.10 Overcrowding6.10.1 There shall be sufficient floor space to enable every customer, traveler, and commuter staying in the establishment and those that are working to have free movement and for personnel to carry out their duties and responsibilities. 6.10.2 Workspaces, aisles or passageways and areas to which customers have access shall be unobstructed and sufficient to permit movement of employees and customers. 6.10.3 The following guidelines shall be observed to prevent overcrowding of premises of establishments: TABLE 5. ESTABLISHMENT AREAS NUMBER OF AREA/PERSON PERSONS (Sq. meter) (Sq. Feet) Below 25 1.12 12 25 to 74 1.02 11 75 to 149 0.93 10 150 to 500 0.84 9 more than 500 0.74 8 TABLE 6. MINIMUM VOLUME AND SPACE 11.33 cu. m. (400cu. ft.) without deduction of Work Rooms/Customers benches, machines, etc. Office Space 7.08 cu. m. (250 cu. ft.) 1/4 of total dining area but not less than 9.30 Kitchen Area sq. m. (100sq. ft.) 6.11 Changerooms 6.11.1 There shall be provided adequate and suitable lockers or other facilities for the orderly storage of clothing and personal belongings of employees or persons engaged or employed in the premises. 6.11.2 If four (4) or more persons of either sex are employed, they shall be provided with separate changing rooms for each gender. 6.11.3 Change rooms shall be cleaned daily and disinfected at least once a week. SECTION 7. SPECIFIC SANITARY REQUIREMENTS FOR REST AREAS 7.1 Rest areas shall be provided with adequate sanitary facilities. The number of water closets, urinals and wash hand basins shall be in accordance with the following: TABLE 7. MINIMUM REQUIREMENTS ON THE NUMBER OF WATER CLOSET, URINAL, AND WASH HAND BASIN FOR REST AREAS.Number of Water Urinal Wash-hand Commuters Closet Basin Male Female Male Female 1-49 1 1 1 1 1 50-75 1 2 1 1 1 76- 120 2 2 2 2 2 For every 1 1 1 1 1 additional 60 persons One water 1 1 - - - closet for person with disability 7.2 The maintenance and supervision of government-operated rest areas with public restroom facilities shall be the responsibility of the government agency in-charge of such project. In cases where these facilities have been turned over to other entities, either government or private, the maintenance and operation of such shall be the responsibility of the latter. 7.3 Area requirement for parking shall accommodate a minimum of 5 buses or ten (10) cars at one time or not less than 250 square meters. 7.4 Ambulant vendors may be allowed in the premises provided they comply with the requirements of Chapter III — "Food Establishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. 7.5 Waiting sheds for commuters shall be of adequate size to comfortably accommodate a minimum of thirty (30) persons. Floors shall be of smooth, concrete finish or made of impervious and non-slip materials adequately graded to drain and adequately provided with seats. 7.6 All seats in the waiting area shall be maintained clean and in good condition. SECTION 8. SPECIFIC SANITARY REQUIREMENTS FOR BUS TERMINALS 8.1 Ambulant food vendors may be allowed to sell inside its premises or inside its buses provided they comply with the requirements of Chapter II — "Food Establishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. 8.2 Waiting area with sitting facilities for commuters shall accommodate a minimum of one hundred fifty (150) passengers. Floors shall be smooth, concrete finish, and made of impervious, non-slip materials, maintained clean and in good condition at all times. 8.3 Bus terminals shall be provided with adequate sanitary facilities or public restrooms. The number of which shall be in accordance with the standard shown in Table 7.8.4 Area requirement for parking shall accommodate a minimum of five (5) buses at one time or not less than 250 square meters. 8.5 There shall be adequate ventilation either natural or mechanical within the enclosed parking or waiting areas to properly eliminate emissions from buses. Buses shall be parked in the designated area. Passengers shall be allowed only in the waiting area. 8.6 Food and other establishments located within the premises shall be away from the designated areas for buses. Only food establishments with a minimum rating of at least satisfactory rating shall be allowed to operate within the premises of bus terminals. SECTION 9. SPECIFIC SANITARY REQUIREMENTS FOR BUS STOPS 9.1 Only food establishments with a minimum rating of at least a satisfactory rating shall be allowed to operate within the premises of bus stops. 9.2 Ambulant food vendors may be allowed within its premises or inside public transport vehicles provided they comply with the requirements of Chapter II — "Food Establishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. 9.3 Bus stops shall be provided with adequate sanitary facilities or public restrooms, the number of which shall be in accordance with the standard shown in Table 7. 9.4 Refuse receptacles for biodegradable and non-biodegradable wastes with inner bag linings of black and green, respectively, shall be provided for in all areas. SECTION 10. SPECIFIC SANITARY REQUIREMENTS FOR SERVICE STATIONS 10.1 Service stations shall be located in areas designated under the zoning laws of the locality. 10.2 Refuse receptacles for biodegradable and non-biodegradable wastes with inner bag linings of black and green, respectively, shall be provided for in all areas. 10.3 Toilet, hand-washing and drinking facilities shall be adequate and available for use at all times by customers. 10.4 All food establishments at service stations shall comply with the provisions of Chapter III — "Food Establishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. 10.5 A grease trap shall be provided in every service station. SECTION 11. EVALUATION AND INSPECTION 11.1 Responsible Officer — It shall be the duty of the city or municipal health officer to cause the inspection and evaluation of every rest areas, bus terminals, bus stops and service stations at least once every three (3) months and to causeadditional inspections and re-inspections and evaluation as deemed necessary for the enforcement of the provisions of these rules and regulations. Inspection of the establishment shall be conducted within seven (7) days after payment of the inspection fee to the city/municipal treasurer concerned. 11.2 Sanitation Inspection Fee — The fees payable for every inspection shall be of such amount as prescribed by local ordinance. 11.3 Mission Order 11.3.1 The city or municipal health officer or the chief of the sanitation division or section or 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. 11.3.2 The mission order must contain the date, mission order number and series, the name of the inspector and the I.D. number, the business names, addresses, categories of establishments to be inspected and the scheduled date 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. 11.3.3 Sanitary inspection conducted without a mission order is prohibited. 11.3.4 The owner or operator of the establishment shall report to the local health officer or chief of sanitation division/section/unit any unauthorized inspection that was executed. 11.4 Uniform of Sanitation Inspector and Aids to Inspection 11.4.1 The sanitation inspector shall wear the prescribed uniform of the office with the proper identification card while conducting the inspection. 11.4.2 He shall likewise bring all the equipment and supplies needed in the inspection such as the sanitary inspection of public places establishment form (EHS Form No. 103-B), clipboard, thermometers (hot and cold), flashlight, measuring tape, camera, light meter, water pressure gauge, residual chlorine and pH comparator kits, blacklight, copy of the sanitation laws, regulations, standards and other reference materials needed in the inspection. 11.5 Frequency of Inspections — Inspection of establishments shall be conducted at least once every three (3) months. 11.6 Recording of Inspection —11.6.1 The sanitary engineer/sanitation inspector shall record his findings in an inspection form (EHS Form No. 103-B). 11.6.2 The sanitary engineer/sanitation inspector shall furnish the original of such report to the owner or operator of the establishment. 11.6.3 Demerits entered in the appropriate column of the inspection form shall indicate that the item does not conform to the requirements of these rules and regulations. a. The inspection form has twenty (20) items. Non-complying items are indicated with a (X). Every such item is weighted with a demerit of 5. The rating of the establishment is therefore 100 less (number of demerits x 5). The result is expressed as a percentage rating. 11.6.4 Sanitation Standard a. The percentage rating has an equivalent Sanitation Standard as follows: TABLE 8. SANITATION STANDARD RATING PERCENTAGE SANITATION COLOR CODE RATING STANDARD 90 — 100 % Excellent Luminous Green 70 — 89 % Very Satisfactory Luminous Yellow 50 — 69 % Satisfactory Luminous Red b. Establishments with percentage rating below 56% shall be recommended for suspension of operation until compliance. c. 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 customers. It shall be updated once every three (3) months, unless revoked earlier. 11.6.5 The average sanitation standard of every establishment shall be evaluated by the local health officer/chief of the sanitation division/section/unit every year end to determine its improvement/maintenance of rating. 11.7 Report of Inspection 11.7.1 The sanitary engineer/sanitation inspector who conducted the inspection shall complete the sanitary inspection report, and whenever an inspection form issued indicates non-compliance to any item, the inspector shall notify the holder of the sanitary permit, of the corrections to be made and indicate a reasonable period for its compliance. a. The recommended corrective measures shall be specific in nature for easy understanding of the owner or manager or occupier of theestablishment. b. Reasonable period for compliance or grace period shall be inclusive of Saturdays, Sundays and holidays. 11.7.2 The sanitary engineer/sanitation inspector who conducted the inspection shall likewise prepare a sanitary order (EHS Form No. 107) for approval by the city or municipal health officer or chief of the sanitation division/section/unit, as the case may be. 11.7.3 Within 48 hours of the inspection or evaluation, the original copy 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 operator of the establishment. The inspection report shall be personally delivered, or shall be sent through the postal service, registered with return card. 11.8 Re-inspection 11.8.1 If upon re-inspection of the establishment 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. 11.8.2 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 for inspection by authorized officials. 11.9 Service of Notice 11.9.1 Whenever an inspection or evaluation form indicates non-complying items, the local health officer shall serve to the holder of the permit, owner or operator a sanitary order requiring him, within the time (grace period) stated in the order, to take such remedial action as may be specified therein. 11.9.2 In case of non-compliance with the terms of the first sanitary order, the health officer may cause the issuance of a second notice to the holder of the permit, owner, or operator. a. Second Sanitary Order i. If the owner 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 said 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 city or municipal health officer shall call the holder of the sanitary permit to show cause, at a time and place stated in the notice, why the permit issued in respect of the establishment shall not be revoked.11.10 Revocation of Permit 11.10.1 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 that failure to comply therewith is not excusable, shall recommend to the local health authority the revocation of the said permit, or; 11.10.2 After the second sanitary order on an extended grace period, a re- inspection was conducted and still the owner or operator fails to comply with such order as reported by the sanitary engineer/sanitation inspector, the local health officer shall recommend the revocation of the sanitary permit without delay and shall inform other related agencies of the city or municipality of such revocation. 11.10.3 The local health officer shall recommend to the local health authority the lifting of suspension of permit whenever the owner or operator of the establishment complies with the notices. 11.10.4 The owner or operator of the establishment may file a motion for reconsideration to the local health authority if he/she is not satisfied with the action of the local health officer. 11.10.5 The local health authority may file court proceedings against any establishment continuously operating after the revocation of its permit. 11.11 Summary Suspension of Permit — Whenever the city or municipal health officer finds unsanitary or unhealthy conditions in the operation of an establishment which in his judgment, constitute a substantial hazard to public health, he shall recommend the immediate suspension of the sanitary permit to the local health authority. Any person to whom such order it issued may file a written petition and shall be afforded a hearing within 48 hours. 11.12 Appeals — The person or panel conducting the hearing may confirm, modify, or reverse the decision appealed from which decision shall be final. 11.13 Power of Entry — Any sanitary engineer/sanitation inspector or duly authorized officer of the Department of Health or of the provincial, municipal or city health offices, upon presentation of proper credentials may at all reasonable times enter into any premises of the 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. 11.14 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 12. RESPONSIBILITY OF OPERATOR — The operator shall: 12.1 Maintain and preserve a clean and healthy environment or surrounding in the establishment as provided in these implementing rules and regulations.12.2 Assist the health authorities in the conduct of inspection. 12.3 Promote healthy initiatives campaign of the Department within the establishment and its public land conveyance. 12.4 Instruct bus drivers to stop only at designated bus stops and other establishments with at least satisfactory rating from the local health officer or local government. 12.5 Operators of public conveyance vehicles shall provide at least one refuse receptacle inside all their public conveyance vehicles. The refuse receptacles shall depend on the actual need inside the vehicle. 12.6 Operators of public conveyance vehicles shall maintain cleanliness in all their vehicles. 12.7 Instruct all bus drivers to avoid unnecessary blowing of horns and idling of engine when not in motion. 12.8 Implement the "No Smoking" campaign of the Department. 12.9 Comply with the provisions of these implementing rules and regulations. SECTION 13. RESPONSIBILITY OF THE LOCAL HEALTH OFFICER — The local health officer shall: 13.1 Conduct or cause the regular inspection of rest areas, bus terminals, bus stations and service stations and their premises to ascertain their state of sanitation. 13.2 Advice bus operators and drivers to patronize bus stops/rest areas with at least a satisfactory rating. 13.3 Institute precautionary measures to prevent and control the spread of any communicable disease or outbreak among the traveling public and prevent them from the exposure to air pollution caused by the motor vehicles within the rest area/bus terminal, bus station or service station. 13.4 Ascertain the validity of sanitary permit of the establishment and health certificates of the personnel employed in this establishment. 13.5 Conduct classification or rating system for establishments catering to the traveling public and post the sanitation standard rating sticker (SSRS) in a conspicuous part of the establishment for public guidance. 13.6 Recommend the temporary or permanent closure of any establishment not meeting the provisions of these implementing rules and regulations. 13.7 Enforce the provisions of these rules and regulations. SECTION 14. RESPONSIBILITY OF THE LOCAL GOVERNMENT — The localgovernment shall: 14.1 Prohibit public and private conveyance to make stops at points along the highways other than at the regular designated rest areas for satisfying the demand for personal necessities of passengers. 14.2 Require all public transportation companies with units plying along the highways and operating within their jurisdiction to use areas at strategic places along the national highways in accordance with the requirements of these rules and regulations. 14.3 Require all food establishments, rest areas, bus terminals, bus stops, service stations, and other similar establishments catering to the traveling public to provide adequate sanitary facilities in conformity with the provisions of these implementing rules and regulations. 14.4 Provide necessary supplies, materials and equipment and other logistic support to the local health office in the conduct of evaluation and inspections of the establishments. 14.5 Disseminate information regarding the patronage of bus stops/rest areas with sanitation standard rating stickers (SSRS) in coordination with PIA, DOT, DOTC, DPWH, DILG and DOH; 14.6 Direct the local health officer in the enforcement of these rules and regulations. SECTION 15. PENAL PROVISION — 15.1 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 not exceeding Php1000.00 or both depending upon the discretion of the court. 15.2 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, provincial, city or municipal health officers, sanitary engineers and sanitation inspectors in the performance of his duty as provided for 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 Php1,000.00 or both depending on the discretion of the court. SECTION 16.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 17. REPEALING CLAUSE — All pertinent rules and regulations that are inconsistent with the provisions of these rules and regulations are hereby repealed or amended accordingly.SECTION 18. EFFECTIVITY — These rules and regulations shall take effect after fifteen (15) days from date of publication in the official gazette or a newspaper of general circulation. Adopted: December 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)