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THE LAW TO ENHANCE

MOBILITY OF DISABLED
PERSONS
BATAS PAMBANSA BLG. 344
An act to enhance the mobility of disabled persons by
requiring certain buildings; institutions, establishments,
and public utilities to install facilities and other devices.
Section 1
Educational institutions, airports, sports and recreation
centers and complexes, shopping centers or establishments,
public parking places, work-places, public utilities, shall be
granted or issued unless the owner or operator thereof shall
install and incorporate in such building, establishment,
institution or public utility, such architectural facilities or
structural features as shall reasonably enhance the mobility
of disabled persons such as sidewalks, ramps, railings and
the like. If feasible, all such existing buildings, institutions,
establishments, or public utilities to be constructed or
established for which licenses or permits had already been
issued may comply with the requirements of this law.
Section 2
In case of public conveyance, devices such as
the prominent display of posters or stickers shall be
used to generate public awareness of the rights of
the disabled and foster understanding of their
special needs. Special bus stops shall be designed
for disabled persons. Discriminating against
disabled persons in the carriage or transportation
of passengers is hereby declared unlawful.
Section 3
The Minister of Public Works and Highways and the
Minister of Transportation and Communication, in
coordination with the National Commission Concerning
Disabled Persons, shall prepare the necessary rules and
regulations to implement the provisions of this Act.
Section 4
Any person violating any provision of this Act or
of the rules and regulations promulgated
hereunder shall, upon conviction by a court of
competent jurisdiction, suffer the penalty of
imprisonment of not less than one month but not
more than one year or a fine of P2,000 to P5,000 or
both, at the discretion of the court:
Section 5
All laws, executive and administrative orders,
rules and regulations inconsistent with the
foregoing provisions are hereby repealed or
amended accordingly.

Section 6
This Act shall take effect upon its approval.
AMENDED RULES AND
REGULATIONS IMPLEMENTING
THE LAW TO ENHANCE
MOBILITY OF DISABLED
PERSON
RULE I - SCOPE AND
APPLICATION
1. Purpose:

The Rules and Regulations set forth


herein provide for minimum requirements and stan
dards to make buildings, facilities and utilities for
public use accessible to disabled persons,
pursuant to the objectives of Batas Pambansa
Bilang 344, "An Act To Enhance the Mobility of
Disabled Persons by Requiring Certain Buildings,
Institutions, Establishments and Public Utilities to
Install Facilities and Other Devices.”
2. Definition of Terms:
For the purpose of these Rules and Regulations,
the words, terms and phrases enumerated in
Annex "A" hereof shall have the meaning as
provided therein.
3. Scope:
The provisions of these Rules and Regulations shall apply to
the following:
3.1 Public and private buildings and related structures
for public use and which shall be constructed, repaired
or renovated.
3.2 Streets and highways and public utilities
3.2.1 Streets and highways
3.2.2 Public transport vehicles
3.2.3 Public Telephones
3.3 Public transport terminals including those of LRTA
4. Applications:
4.1 Public and private buildings and related
structures for public use. No permit for
the construction, repair or renovation of public
and private buildings and related structures for
public use, whether owned or leased, shall be
granted or issued, unless the owner thereof
shall have provided in the places and
specifications submitted for approval barrier-
free facilities and accessibility features as
provided in these Rules and in accordance
with the following criteria:
4.1.1 Building and related structures to be constructed

• At the space where the primary function is served and


where facilities and ingress/egress of the building or structure
are located, as to make such space accessible to the
disabled persons; provided, however, that where the
primary function can be served at the ingress level and
where such level is provided with facilities, requirements for
accessibility at other levels may be waived.
• Ten percent (10%) of the total number of units of
government-owned living accommodations shall
be accessible and fully usable by the disabled persons with
any fractional part in excess of one-half (1/2) in the
computation thereof, to be considered as one unit; for
privately-owned living accommodations the number of
accessible units shall be as provided in Section 3 of Rule III
thereof.
• Ingress/egress from the street
to the building or structure shall be made accessible.

• Accessible slots in parking areas shall be located as ne


ar as possible to ingress/egress spaces of the building
or structure
4.1.2 Buildings and related structures to be repaired or
renovated including those proposed for a change of
occupancy If feasible, barrier-free facilities and accessibility
features shall be provided in accordance with the
requirements under Sub-section 4.1.1
• When the repair or renovation work is to be done in the
space where the primary function is served

• When the facilities can be made accessible at any other


level which is accessible by means of an elevator with a
minimum width of 800mm;
• When the space alloted for the primary function will not be
diminished by more than ten percent (10%) of its original
area

• When the capacity or strength of any major structural


component, such as slabs, beams, girders, columns, bearing
walls and footings of the building or structure will not be
diminished.
• When the cost (exclusive of the
exception provided below) of such repair or renovation
work is in excess of twenty percent (20%) of the total cost of
the building or structure, based upon the computation
of permit fees as provided under Rule III of the Implementing
Rules and Regulations promulgated. Pursuant to P.D. 1096
entitled: "The National Building Code of the Philippines";
• When there is no legal constraint which would not allow
compliance with these regulations: EXCEPTION: Repair or
renovation work which consists only of heating, ventilating
and airconditioning systems, including those which may be
required only with respect to fire panic and explosion safety
for existing spaces, shall not be subject to the requirements
for barrier-free facilities and accessibility features.
4.1.3 Streets, highways and transport related structures shall be
provided with the following barrier-free facilities and
accessibility feature at every pedestrian crossing: ramps and ot
her accessible features in buildings of the sectoral offices and
attached agencies of DOTC; transportation terminals and
passenger waiting areas for use of disabled persons

• Cut-out curbs and accessible ramps at the sidewalks.

• Audio-visual aids for crossing


EXCEPTION:
Requirements for accessibility at pedestrian grade
separations or overpasses and underpasses may be
waived.
4.1.4 Existing streets and highways to be repaired
and renovated.
The accessibility requirements shall be provided
where the portion of existing streets and highways
to be repaired or renovated includes part or the
entire pedestrian crossing
4.2.1 Transport vehicles for public use
• No license or franchise for the operation
of public buses, passenger boats, ships and domestic
airplanes shall be granted or issued unless the owner or
operator thereof shall have provided and designated the
number of seats and shall have placed audio-visual aids

• Government instrumentalities operating passenger trains i


ncluding the Light Rail Transit Authority shall have provided
the number of seats for disabled persons
• Government instrumentalities
operating passenger airplanes shall provide and
designate the number of seats for
disabled persons and shall likewise place the audio-visual
aids required by Sec. 5 of Rule IV.

4.2.2 Existing Public Transport Vehicles

4.2.3 Public Telephones

4.2.4 Public Transport Terminals


5. Special Standards of Accessibility
Where the requirements for accessibility in the Rules will
create an unreasonable hardship in design/construction,
special standards of accessibility through the use of other
methods and/or materials shall be allowed if better
facilities can be provided subject to the approval of the
National Council for the Welfare of Disabled Persons
RULE II - MINIMUM
REQUIREMENTS
FORACCESSIBILITY
1. Design Criteria:
1. CATEGORIES OF DISABLED PERSONS. The categories of
disability dictate the varied measures
to be adopted in order to create an accessible
environment for the handicapped.
1.2 ANTHROPOMETRICS AND DIMENSIONALDATA AS
GUIDES FOR DESIGN. The minimum and maximum
dimensions for spaces in the built environment should
consider the following criteria

• 1.2.1 The varying sizes and structures


of persons of both sexes, their reaches and their lines of
sight at both the standing and sitting positions
• 1.2.2 The dimensional data of the technical aids of
disabled persons. Included in the second consideration
are the dimensions of wheelchairs; the minimum space
needed for locking and unlocking leg braces plus the
range of distance of crutches and other walking aids
from persons using such devices. By applying at this very
early stage dimensional criteria which take into account
wheelchair usage, the physical environment will
ultimately encourage and enable wheelchair users to
make full use of their physical surroundings
• 1.2.3 The provision of adequate space for
wheelchair maneuvering generally insures adequate
space for disabled persons equipped with other technical
aids or accompanied by assistants. In determining the
minimum dimensions for furniture and fixtures accessible to
disabled persons, the following anthropometric data shall
serve as guides for design:
▪ The length of wheelchairs varies from 1.10 m to 1.30 m. The
width of wheelchairs is from0.60 m to 0.75 m. A circle of 1.50 m
in diameter is a suitable guide in the planning of wheelchair
turning spaces. The comfortable reach of persons confined to
wheelchairs is from 0.70m to 1.20 m above the floor and not
less than 0.40 m from room corners. The comfortable
clearance for knee and leg space under tables for wheelchair
users is 0.70 m. Counter height shall be placed at a level
comfortable to disabled persons' reach.
1.3 BASIC PHYSICAL PLANNINGREQUIREMENTS. No group of
people shall be deprived of full participation and enjoyment of
the environment or be made unequal with the rest due to any
disability.
1.3.1 ACCESSIBILITY
1.3.2 REACHABILITY
1.3.3 USABILITY
1.3.4 ORIENTATION
1.3.5 SAFETY
1.3.6 WORKABILITY AND EFFICIENCY
RULE III: SPECIFIC
REQUIREMENTS FOR
BUILDINGS AND RELATED
STRUCTURES FOR PUBLIC
USE
1. Classification of building by use of occupancy.
1.1 Occupancy classified by categories enumerated in Section 701
of the National Building Code(PD 1096) are hereby adapted.
• 1.1.1 Category I - Residential -This shall comprise Group A and
partly Group B Buildings
• 1.1.2 Category II - Commercial and Industrial -This shall comprise
partly Groups B, C,E, F, G, H, and I Buildings
• 1.1.3 Category III - Educational and Industrial -This shall comprise
partly Group C, D,E, and H Buildings
• 1.1.4 Category IV - Agricultural - This shall comprise partly Group
J Buildings.
• 1.1.5 Category V - Ancillary - This shall comprise partly Group J
Buildings
Note: The foregoing categories are consistent
with those found in Presidential Decree(P.D.) No.
1096, otherwise known as the1977 National
Building Code of the Philippines (NBCP) and its
2004 Revised IRR, which are
implemented/ enforced by the Department of
Public Works and Highways (DPWH)
2. Architectural features and facilities
Where the following features and facilities are: architectural
design requirements in accordance with generally
accepted architectural practice, the same include the
corresponding graphic signs.
• 2.1 Architectural facilities and features:
▪ 2.1.1 A - Stairs2.1.2
▪ B – Walkways
▪ 2.1.3 C – Corridors
▪ 2.1.4 D - Doors and Entrances
▪ 2.1.5 E - Washrooms and Toilets
▪ 2.1.6 F - Lifts/Elevators
▪ 2.1.7 G – Ramps
▪ 2.1.8 H - Parking Areas
▪ 2.1.9 I - Switches, Controls, Buzzers
▪ 2.1.10 J – Handrails
▪ 2.1.12 K – Thresholds
▪ 2.1.12 L - Floor Finishes
▪ 2.1.13 M - Drinking Fountains
▪ 2.1.14 N - Public Telephones
▪ 2.1.15 O - Seating Accommodations
3. CATEGORY I
The following requirements shall only apply to government-
owned buildings
3.1 Group A
• 3.1.1 Single detached.
• 3.1.2 Duplexes
• 3.1.3 School or company staff housing units
3.2 Group B
• 4.1.1 Multiple dwelling units or high-rise residential
condominiums or tenement houses.
4. CATEGORY II
4.1 Group B
The following requirements shall apply to both government and
privately owned buildings.
• 4.1.1 Accessories, tenement houses and/or row houses,
apartment houses and/or town houses.
• 4.1.2 Hotels, motels, inns, pension houses and/or apartels.
• 4.1.3 Private or "off campus" Dormitories
4.2 Group C
• 4.2.1 Amusement Halls and Parlor Barrier-free facilities and
features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N and O.
• 4.2.2 Massage and Sauna Parlor
4.3 Group E-1
• 4.3.1 Train Stations and Terminals
• 4.3.2. Bus depots and terminals
• 4.3.3 Transportation Office
• 4.3.4 Airport terminal buildings, heliports
• 4.3.5 Ports and harbor facilities, landing piers, sheds, ferry
landing stations.
4.4 Group E-2
• 4.4.1 General wholesale and retail stores
• 4.4.2 Shopping centers and supermarkets and public
markets
• 4.4.3 Restaurants, dining and drinking establishments
• 4.4.4 Office Buildings
• . 4.4.5 Financial Institutions
• 4.4.6 Funeral parlors, morgues and crematories
• 4.4.7 Memorial and Mortuary Chapels
4.5 Group H-1, Group H-4, and Group I
• 4.5.1 Theaters, Auditoriums and Convention Halls
• 4.5.2 Concert Halls and Opera Houses
• 4.5.3 Colisea and Sports Complexes and Stadiums
4.6 Group F
• 4.6.1 Dairies and Creameries
• 4.6.2 Factories and workshops using incombustible or
non-explosive materials
• 4.6.3 Breweries bottling plants, canneries and tanneries
4.7 Groups G
• 3 4.7.1 Wood working establishments, lumber and timber
yards.
• 4.7.2 Pulp, paper and paper board factories
• 4.7.3 Textile and fiber spinning mills
• 4.7.4 Garment and undergarment factories
5. CATEGORY III
5.1 Group C
• 5.1.1 Educational institutions (schools, colleges,
universities, vocational schools, seminaries and
novitiates), including school auditoriums, gymnasia,
reviewing stands, little theaters and concert halls.
• 5.1.2 Libraries, museums, exhibition halls and art galleries
• 5.1.3 Civil Centers
• 5.1.4 Clubhouses and lodges
• 5.1.5 Community Centers
5.2 Group D-1
• 1 5.2.1 Mental hospitals, mental sanitaria, mental asylums.
• 5.2.2 Jails, prisons, reformatories, correctional institutions.
B
• 5.2.3 Rehabilitation Centers
• 5.2.4 Leprosaria
5.3 Group D-2
• 2 5.3.1 Homes for the Aged
• 5.3.2 Hospitals and Sanitaria
5.4 Group D-3
• 3 5.4.1 Nursing Homes for ambulatory patients
• 5.4.2 Orphanages
5. Group E-7
• 5.5.1 Police and fire stations
5.6 Group H
• 5.6.1 Churches, temples, chapels and similar places of
worship

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