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Batas Pambansa BLG. 344: Accessibility Law

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The key takeaways are that the document discusses Philippine accessibility laws and regulations regarding making buildings, facilities, and utilities accessible to disabled persons. It covers the scope and application of the laws, as well as criminal liabilities for violations.

The document discusses the purpose, scope and application of Philippine accessibility laws and regulations. It aims to provide minimum requirements and standards to make public buildings and facilities accessible to disabled persons according to Batas Pambansa Bilang 344.

The accessibility laws and regulations apply to public and private buildings, streets and highways, public utilities, public transport vehicles, public telephones, and public transport terminals. It also covers government agencies responsible for transportation, ports, airports and more.

BATAS

PAMBANSA
BLG. 344
Accessibility
Law
Rule 1: Scope and Application

Purpose
 The Rules and regulations set forth herein
provide for minimum requirements and
standards 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.”
Scope- The provisions of these Rules and
Regulations shall apply to the following:

 Public and private buildings and related


structures for public use and which
shall be constructed repaired or
renovated.
 Streets and highways and public
utilities
 Public transport vehicles
 Public Telephones
 Public transport terminals including those
of LRTA
Application
 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 followings criteria:
 The office of the building officials (OBO) of municipalities and
cities shouldn’t approve, issue or release such clearances for
construction, building permit, notice to proceed construction
if the plans submitted to them didn’t comply with minimum
requirements and standard, barrier-free, and accessibility
features of Batas Pambansa Blg 344.
Application
 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.
Application

 Parking Area and Slots


 Strategically locate parking
areas near from and to
building entrance and
exits.
Application
 Renovated Structure
 Any function areas of new designs/plans of
structure
to be reconstruct, should be barrier free.
 Access to elevator (accessible at any other
level) should have a clearance minimum of
800mm.
 Exception
 Emergency areas are not subject to barrier free
access. E.g. hallways provided fire hose cabinets
and fire extinguishers. Providing signage for
directing access should meet the standards of this
code.
Application
 Streets
 Cut out curbs and ramps, should be constructed using
non-skid floor materials to aid the sight impaired and
persons using wheelchairs;
 Audio-visual street signs and aids for
pedestrian crossing;
 Overpasses and underpasses maybe waived.
 For existing streets and highways that have to be
repaired and renovated, part or the entire pedestrian
crossing should be included.
Application
 Telephone Booths
Accessible for
Disabled Persons
 Provide one (1)
telephone booth on
particular place and
shall be accessible to
disabled person.
Special Standards of
Accessibility
 Methods and materials
are subject for approval
of the National Council
for the Welfare of
Disabled Person.
Rule II – Minimum
Requirement
for
 Design
Accessibility
Criteria
CATEGORIES OF DISABLED PERSONS – it dictates
the varied measures to be adopted in order to
create an accessible environment for the
handicapped.
Disabled persons under these Rules may be
classified into those who have:
 Impairments requiring confinement to
wheelchairs;
 Impairments requiring the use of braces, crutches or
other artificial supports; or impairments caused by
amputation, arthritis, spastic conditions or pulmonary,
cardiac or other ills rendering individuals semi-
ambulatory;
 Total or partial impairments of hearing or sight
 Impairments due to conditions of aging and
in coordination;
 Mental impairments
ANTHROPOMETRICS AND DIMENSIONAL DATA
AS GUIDES FOR DESIGN.
 The minimum and maximum dimensions for spaces in the
built environment should consider the following criteria:

 The varying sizes and statures of persons of sexes, their


reaches and their lines of sight at both the standing and
sitting positions.

 The dimensional data of the technical aids of disabled


persons. Included in the second consideration are the
dimensions of wheelchairs; the minimum spaces needed
for locking and unlocking leg braces plus the range of
the 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 encouraged and enable wheelchair users to
make full use of their physical surroundings.
ANTHROPOMETRICS AND DIMENSIONAL
DATA AS GUIDES FOR DESIGN.
 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
anthropometrics data shall serve as guides for design:
 The length of wheelchairs: 1.10 m to 1.30 m .
 The width: 0.60 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 0.70 m 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.
BASIC PHYSICAL PLANNING
REQUIREMENTS
 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. In order to achieve this goal adopted by the
United Nations, certain basic principles shall be applied:
 ACCESSIBILITY. The built environment shall be designed so
that it shall be accessible to all people. This means that no
criteria shall impede the use of facilities by either the
handicapped or nondisabled citizens.
 REACHABILITY. Provisions shall be adapted and introduced to
the physical environment so that as many places or buildings
as possible can be reached by all.
 USABILITY. The built environment shall be designed so that all
persons, whether they are disabled or not, may use and enjoy
it.
 ORIENTATION. Finding a person’s way inside and outside of
a building or open space shall be made easy for
everyone.
 SAFETY. Designing for safety insures that people shall
be able to
move about with fewer hazards to life and health.
 WORK ABILITY AND EFFICIENCY. The built environment shall
be designed to allow the disabled citizens to participate
and contribute to developmental goals.
RULE III – SPECIFIC REQUIREMENTS
FOR
BUILDINGS AND RELATED STRUCTURES
FOR PUBLIC USE
 CLASSIFICATION OF BUILDING BY USE OF
OCCUPANCY:
 Occupancy classified by categories enumerated
in Section 710 of the National Building Code (PD
1096) are hereby adapted
 Category I “Residential”
 Category II Commercial and Industrial
 Category III “Educational and Industrial”
 Category IV “Agriculture”
 Category V “Ancillary”
 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.
 Architectural facilities and features:

 A – Stairs  I – Switches, Controls,


 B – Walkways Buzzers
 C – Corridors  J – Handrails
 D – Doors  K – Thresholds
and Entrance
 E–
 L – Floor Finishes
Washrooms and  M – Drinking
Toilets Fountains
 F–  N – Public
Lifts/Eleva Telephones
tor 
STANDARD OF ACCESSIBILITY FOR SPECIAL TYPE OF
FACILITIES
 The provision of this section shall apply to the
specified type of facilities and identified specific
requirements for accessibility and usability which shall
be provided for each of the listed occupancy uses.
 Auditoriums, assembly halls, theaters, and
related facilities:
 1. Seating for the disabled shall be accessible from
the main lobby to primary entrances, together with
related toilet facilities.
 2. In all assembly places where seating accommodation
is provided, there shall be spaces for the disabled
persons as provided.
 3. When the seating capacity exceeds 500 an additional
wheelchair seating space shall be provided for each
total seating capacity increase of 100 seats
 4. Readily removable seats may be installed in these
spaces when such spaces are not required to
accommodate wheelchair users.
Seating Capacity Wheelchair Seating Space

4-50 2

51-300 4

301-500 6
APPLICATION OF BARRIER-FREE
FACILITIES AND FEATURES
 Graphic signs shall be bold and conspicuously installed
in every access from point of entry to connecting
destination.
 Walkways shall be provided with adequate
passageway in accordance with provision.
 Width of corridors and circulation system integrating both
and vertical access to ingress/egress level of the
building shall be provided.
 Doors and entrances provided herein used as
entry points at entrance lobbies as local points of
congregation shall be designed to open easily or
accessible from floor or to any point of
destination.
 Washroom and toilets shall be accessible and
provided
with adequate turning space.
 Whenever elevator/s is required it should meet the
requirements provide.
 Ramps shall be provided as means of access to level
of change going to entry points and entrances,
lobbies influenced by condition of location or use.
 Parking areas shall be provided with sufficient space
for the disabled persons to allow easy transfer from car
park to ingress/egress levels.
 Height above the floor or switches and controls shall be
in
accordance with the provisions.
 Handrails shall be provided at both sides of ramps.
 Floors provided for every route of the wheelchair shall
be made of nonskid material.
 Water fountains shall be installed as required. (Refer to
Appendix A for the illustrations of Rules II and III
complementing Rule II of the previous implementing
rules and regulations).
RULE IV REQUIREMENTS FOR PUBLIC TRANSPORTATION
 Classification of public conveyances by mode of
transport shall be as follow:
 Land Transportation “This shall refer to buses having a
minimum seating capacity of 50 persons for regular buses
and 40 persons for air-conditioned buses. This shall
include regular city buses, regular provincial buses, air-
conditioned by city buses (Love Bus and Pag-ibig Bus)
and air conditioned tourist and provincial buses.
 Rail Transportation – This shall refer to the three railways
systems in the country, the Philippine National Railways
(PNR) operating in Luzon, the Panay Railways
Corporation (PRC) operating in the island of Panay and
the Light Rail Transit Authority (LRTA) operating in Metro
Manila.
 Water Transportation – This shall refer to domestic
passenger ships, ferryboats and other water
transportation vessels.
 Air Transportation – This shall refer to the
domestic passenger airplanes.
 2. No franchise or permit to operate public
transportation units shall be granted issued
or renewed unless such units are
constructed or renovated in accordance
with the requirements.
 3. If feasible, all owners or operators of
existing public transport utilities shall modify or
renovate their units to accommodate
disabled persons.
 4. The construction or renovation of public
transport utilities covered by these rules shall
be subject to compliance with the body
designs and specifications as provided under
existing rules and regulations.
 5. Posters or stickers shall be
conspicuously displayed inside the units.
Public transportation shall have designated seats
for disabled persons.
 Regular buses shall have at least five (5) designated
seats for disabled persons near exit/entrance doors.
 First class, premiere and air-conditioned buses shall
have at least four (4) designated seats for disabled
persons near the door.
 Passenger trains shall have at least six (6) designated
seats per car for disabled persons nearest to the door.
 Passenger airplanes shall have at least two (2)
designated seats for disabled persons near the
front exit/entrance door on a per aircraft-type
basis.
 For regular and air-conditioned city buses, other
passengers may use these designated seats if not
occupied and yield them to incoming disabled
persons whenever the occasion arises.
 For provincial buses, regular and air-conditioned buses,

• passenger trains and airplanes, the designated


seats for disabled persons may be occupied by
other passengers only if no disabled persons
shall occupy these seats at the start of the trip.
 Jeepneys shall have at least two (2) seats;

preferably the front
• seats as designated seats for disabled persons.
 For jeepneys, other passengers may be use

these designated seats if not occupied and
yield them to incoming disabled passengers
only if the yielding passenger can still be
accommodated at the back
 In domestic shipping, each vessel shall:

•  a. Allocate on a per class-basis, areas for disabled passengers.
• These areas shall be nearest to the entrance and/or exit doorways of the vessels.
•  b. Give priority to disabled passengers embarkation and disembarkation through
the assignment of time windows. Disabled passengers shall be given a twenty (20)
minute period to embark ahead of the three (3) hour embarkation time prior to the
ship's departure; and shall be allocated a maximum of one (1) hour for
disembarkation after the ship's arrival.
 7. The designated seats shall be identified
by the International Symbol of Access.
 8. Owners or operators of city buses
operating in highly urbanized cities shall
install in their units audiovisual aids such as
buzzer, bell, flashing light to inform the driver
of any alighting passenger.
 9. At least one deck in passenger ships shall
be provided with accessible ramps,
passageway, and access to gangways,
galleys, safety equipment and
bunks/berths/cabins with dimensions
conforming to the requirements.
RULE V ADMINISTRATION AND ENFORCEMENT

 Responsibility for Administration and


Enforcement
 The administration and enforcement of
the provision of these Rules and
Regulations shall be vested in the
Secretary of Public Works and Highways
and the Secretary of transportation and
Communications, in accordance with the
functions and jurisdiction of their
respective Departments as provided for
by laws as follows.
 The Secretary through the Heads of attached
agencies of the Department of Public Works
and Highways, with the technical assistance of
the Building Research Development Staff, shall
administer and enforce the provisions of these
Rules and Regulations through the
City/Municipal Engineer who shall also act as
Local Building Official pursuant to Section 477
of
R.A. 7160, otherwise known as the Local
Government Code of 1991 and as applied for
the following:
 Buildings and related structures including
public transport terminals
 Streets and Highways
 The Secretary of transportation and Communication shall administer
and enforce the provisions of these Rules and Regulations through
the Heads of Line and Attached Agencies of the Department as
follows:
 Land Transportation Franchising and Regulatory Board- In respect
to the issuance of Certificate of Public Convenience (CPC) and
Provisional Authority (PA) for the operation of public road
transportation utilities or services.
 Land Transportation Office – In respect to the registration of
buses and jeepneys and enforcement of regulations related to
land transport.
 Philippine National Railways and the Light Rail Transit Authority
– For the operation of passenger trains and including stations
and terminals.
 Maritime Industry Authority – In respect to the development
promotion, and regulation of all enterprises engaged in
business of designing, constructing, manufacturing, acquiring,
operating, supplying, repairing and/or maintaining vessels or
components thereof; of managing and/or operating shipping
lines, shipyards, dry docks, marine railways, marine repair
shops, shipping and freight forwarding agencies and similar
enterprises; issuance of license to all water transport vessels.
 Philippine Ports Authority – In respect to the
planning, development, financing, construction,
maintenance and operation of ports, port facilities,
port physical plants, and all equipment used in
connection with the operation of a port.
 Civil Aeronautics Board – In respect to the
supervision and regulation of, the jurisdiction and
control over air carriers, general sales agents,
cargo sales agents and airfreight for warders, and
issuance of certificates/licenses to aircrafts.
 Air Transportation Office – In respect to the
maintenance, operation and development, of all
government airports (other than the NAIA, Mactan
International Airport) as well as air navigation
facilities (excluding meteorology).
2. Criminal Liability As stipulated in Section 46 of R.A. 7277,
otherwise known as the Magna Carta for Disabled Persons

 (a), any person who violates any provision of


the rules and regulations of this Act shall suffer
the following penalties:
 1) For the first violation, a fine of not less than Fifty
thousand pesos (P50, 000.00) but not exceeding
One hundred thousand pesos (P100, 000.00) or
imprisonment of not less than six (6) months but not
more than two (2) years, or both at the discretion
of the court; and
 2) For any subsequent violation, a fine of not less
than One hundred thousand pesos (P100, 000.00)
but not exceeding Two hundred thousand pesos
(P200, 000.00) or imprisonment for not less than two
(2) years but not more than six (6) years, or both at
the discretion of the court.
 (b) Any person who abuses the privileges
granted herein shall be punished with
imprisonment of not less than six (6) months
or a fine of not less than Five thousand pesos
(P50, 000.00), or both, at the discretion of the
court.
 (c) If the violator is a corporation,
organization or any similar entity, the officials
thereof directly involved shall be liable
therefore.
 (d) If the violator is an alien or a foreigner,
he shall be deported immediately after
service of sentence without further
deportation proceedings.
PERSONS/INDIVIDUALS LIABLE FOR ANY VIOLATION
OF THE ACT
For

Buildings/Establishment/Structure
 Owner or Operator of the Building,
 Establishment or Structure Contractor
 Architect
 Engineer
 Building Official or
 Other Public Official in-charge with the issuance of
building permit, registration, certification and/or
inspection of the building, establishment or structure
 For Air, Land and Sea Transportation
 Owner/Operator of Public Transportation
 Body builders
 Safety Officers/Engineering/Managers
Drivers/Conductors/Conductresses
 Public Official in-charge with the issuance of permits,
registration, certification and inspection of the public
transportation

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