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Laws Regulating Accommodation Establishments

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100% found this document useful (1 vote)
231 views54 pages

Laws Regulating Accommodation Establishments

Uploaded by

Ruth Cesista
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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LAWS

REGULATING
ACCOMMODATI
ON
ESTABLISHMEN
TS
LEARNING OBJECTIVES
•Identify the laws affecting the
accommodation sector
•Identify the rights of hotel guests
•Explain how quality and safety
standards are maintained by hotels
and similar establishments by
meeting minimum requirements of
the law.
INTRODUCTION
Tourism Competitiveness is
defined as the “ability of a
destination to deliver goods and
services that perform better than
other destinations on those aspects
of the tourism experience considered
to be important by tourists.”
8 Criteria

•Price •Technology
competitiveness •Openness
•Human tourism •Social resources
•Infrastructure •Human resources
•Environment
INTRODUCTION
Price competitiveness criterion uses
data of costs of travel, accommodation,
goods and services, exchange rate, and
purchasing power parity.
Infrastructure criterion refers to the
accessibility and availability of roads,
railways, and sanitation facilities.
INTRODUCTION
•Department of Tourism under the
administration of President Gloria
Arroyo
•President Benigno Simeon Aquino III
through the National Tourism
Development Plan
•President Rodrigo Duterte through his
Build, Build, Build program
INTRODUCTION

•6-month closure and rehabilitation


of Boracay Island in 2018
•Global Pandemic
NATURE
AND
DESCRIPTIO
N
OF THE
BUSINESS
A. Hotel
- A building, edifice or premises or
a completely independent part
thereof, which is used for the
regular reception, accommodation
or lodging of travelers and tourists
and the provision of services
incidental thereto for a fee.
B. Resort
- Any place or places with pleasant
environment and atmosphere
conducive to comfort, healthful and
rest, offering food, sleeping
accommodation and recreational
facilities to the public for a fee or
remuneration.
C. Tourist Inn

- A lodging establishment catering to


transients which does not meet the
minimum requirements of an
economy hotel.
D. Apartel
- Any building or edifice containing
several independent and furnished
or semi-furnished apartments,
regularly leased to tourists and
travelers for dwelling in a more or
less long-term basis and offering
basic services to its tenants, similar
to hotels.
E. Pension House
- A private or family-operated tourist
boarding house, tourist guest house
or tourist lodging house, employing
non-professional domestic helpers
regularly catering to tourist and
travelers.
F. Motorist Hotel or Motel

- Any structure with several separate


units, primarily located along the
highway with individual or common
parking space at which motorists
may obtain lodging and, in some
instances, meals.
Star Grading System
1. One Star: 25-40% achievement
(251 to 400 points)
2. Two Star: 40-55% achievement
(401 to 550%)
3. Three Star: 55-70% achievement
(551 to 700 points)
Star Grading System
4. Four Star: 70-85%
achievement (701 to 850 points)

5. Five Star: 85-100%


achievement (851 to 1,000
points)
BUILDING
PERMITS
The Law
Section 301. Building Permits. No persons
firm or corporation, including any agency or
instrumentality of the government, shall
erect, construct, alter, repair, move, convert or
demolish any building or structure or cause
the same to the done without first obtaining a
building permit thereof from the Building
Official assigned in the place where the
subject building is located or the building work
is to be done.
The Law
Section 302. Application for
Permits.
In order to obtain a building permit, the
applicant shall file an application
thereof in writing and on the prescribed
form with the Office of the Building
Official. Every application shall provide
at least the following information:
The Law
1) A description of the work to be covered by
the permit applied for;
2) Description and ownership of the lot on which
the proposed work is to be done as evidenced
by TCT and/or copy of the contract of lease
over the lot if applicant is not the registered
owner;
3) The use of the occupancy for which the
proposed intended; and
4) Estimated cost of the proposed work.
The Law
To be submitted together with such applicant are
at least five sets of corresponding plans and
specification prepared, signed and Licensed
architect or civil engineer in case of architectural
and structural plans, registered mechanical
engineer in case of mechanical engineer in case
of mechanical plans, by a registered electrical
engineer in case if electrical plans and by a
licensed sanitary or master plumber in case of
plumbing or sanitary installation plans.
GENERAL
REQUIREMENTS
OF ALL BUILDING
BY USE OR
OCCUPANCY
The Law
Section 704. Location on Property
(a) General
No building shall be constructed unless it
adjoins or has direct access to a public
space, yard, or street on at least one of its
sides.
(b) Fire Resistance of Walls. Exterior walls
shall have fire resistance and opening
protection x x x.
Discussion of the Law
Accommodation establishments belong to the
Group B Occupancies under the National
Building Code. Accordingly, it shall consist of
multiple dwelling units, including boarding or
lodging houses, hotels, apartment buildings,
and other similar buildings which
accommodate more than ten people. The
preceding provision in the general
requirement for the location of the property to
be established.
LIGHT
AND
VENTILATION
The Law
Article 801. General Requirements of
Light and Ventilation
(a) Subject to the provisions of the Civil
Code of the Philippines on Easements of
light and View, and the provisions of this
part of the Code. every building shall be
designed, constructed and equipped to
provide adequate light and ventilation.
The Law
Article 801. General
Requirements of Light and
Ventilation

(b) All buildings shall face a street


or public alley or a private street
which has been duly approved.
The Law
Article 806. Size Dimension of Rooms

(a) Minimum sizes of rooms and their least


horizontal dimensions shall be followed:
1. Rooms for Human Habitations - 6.00 square
meters with a least dimension of 2.00 meters,
2. kitchens - 3.00 square meters with a least
dimension of 1.50 meters; and
3. bath and toilet - 1.20 square meters with a least
dimension of 0.90 meter.
The Law
Article 807. Air Space Requirements in
Determining the Size of the Rooms
(a) Minimum air space shall be provided as
follows:
1. School Rooms - 3.00 cubic meters with 1.00
square meter of floor area per person;
2. Workshops, Factories, and Offices – 12. 00
cubic meters of air space per person; and
3. Habitable rooms - 14.00 cubic meters of air
space per person
The Law
Article 811. Artificial Ventilation
a. Whenever artificial ventilation is
required, the equipment shall be
designed and constructed to meet
the following minimum
requirements in air changes:
The Law
Article 811. Artificial Ventilation
b. For rooms entirely above grade
and used as bakeries, hotel or
restaurant kitchens, laundries other
than accessory to dwellings, and
boiler rooms – not less than ten
changes of air per hour shall be
provided.
Discussion of the Law
Light and ventilation refer to an
easement of natural light and
allowance of circulations of fresh air
unobstructed by erections and
construction. The preceding
provision gives the minimum
requirements to allow light and
ventilation within the building.
SANITATIO
N
The Law
Section 901. General Requirements.
Subject to the provision of Book II of the Civil Code of
the Philippines on Property, Ownership and its
Modification, all buildings hereafter erected, altered
remodeled, relocated, or repaired for human habitation
shall be provided with adequate potable water supply,
plumbing installation, and suitable wastewater
treatment or disposal system, storm water drainage,
pest and vermin control, noise abatement device, and
such other measures required for the protection and
promotion of health of persons occupying the premises
and other living nearby.
Discussion of the Law
Whenever available, the potable
water requirements for a
building used for human
habitation shall be supplied from
existing municipal or city
waterworks systems.
Discussion of the Law
Sanitary sewage from buildings
shall be discouraged directly into
the nearest street sanitary main
sewer under existing municipal or
city sanitary sewerage system
following the criteria set by the
Code of Sanitation and the National
Pollution Control Commission.
Discussion of the Law
All buildings with hollow and/or
wood construction shall be
provided with rat proofing.
Garbage bins and receptacles shall
be provided with ready means for
cleaning and with positive
protection against entry of pests
and vermin.
GENERAL
DESIGN AND
CONTROL
REQUIREMENT
S
The Law
Section 2101. General
Requirements. Buildings proposed
for construction shall comply with all
the regulation and specifications
herein set forth governing quality,
characteristics and properties of
materials, methods of design and
construction, type of occupancy and
classification.
The Law
Section 2101. General Requirements.
All matters relative to the structural design
of all buildings and other structures not
provided for in this Chapter shall conform
with the provisions of the National Structural
Code of the Philippines, as adopted and
promulgated by the Board of Civil
Engineering pursuant to Republic Act No.
544, as amended, otherwise known as the
"Civil Engineering Law.”
Discussion of The Law
Subject to the provisions of Articles
684 and 686 of the Civil Code of the
Philippines on lateral and subjacent,
the design and quality of materials
used structurally in excavation,
footings, and foundations shall
conform to accepted engineering
practice.
Discussion of The Law
Footings and foundations shall
be of the appropriate type, of
adequate size, and capacity to
safely sustain the superimposed
loads under seismic or any condition
of external forces that may affect
the safety or stability of the
structure.
Discussion of The Law
Walls and partitions enclosing
elevators and escalators shall be
of not less the fire-resistive
construction required under the
Types of Construction.
Discussion of The Law

Floors above the first story


with occupant loads of more
than ten shall not have less than
two exits in all occupancies
Discussion of The Law
•Stairways serving an occupant load of
more than 50 shall not be less than
1.10 meters.
•Stairways are serving an occupant load
of 50 or less, maybe 900 millimeters
wide.
•Private stairways were serving an
occupant load of less than ten maybe
750 millimeters.
Discussion of The Law
Standard automatic fire extinguishing systems
shall be installed in the following places:
(a) In every storey, basement, or cellar with an
area of 200 square meters or more which is
used for habitation, recreation, dining,
study, or work, and which has an occupant
load of more than 20 and
(b) In all dressing rooms, rehearsal rooms,
workshops and other rooms with an
occupant load of more than 10.
Discussion of The Law

All electrical systems, equipment, and


installation shall conform to the
provisions of the Philippine Electrical
Code as adopted by the Board of
Electrical Engineering according to R.A.
No.184, otherwise known as the
Electrical Engine Law.
Discussion of The Law

All mechanical systems, equipment, and


installation shall conform to provisions of
the Philippine Mechanical Engineering
Code, as adopted by the Boa of
Mechanical Engineering according to
Commonwealth Act No. 294 as amended,
otherwise known as the Mechanical
Engineering Law.
Discussion of The Law
No signboard shall be erected or constructed
to unduly obstruct the natural view of the
landscape, distract or obstruct the public's view as
to constitute traffic hazard, or otherwise defile,
debase, or offend aesthetic and cultural values
and traditions. Sign structures shall be designed
and constructed to resist all forces following the
National Structural Code for Buildings. 326 No
signs or sign structures shall be erected in such a
manner that will interfere in any way with the free
use of any fire escape, exit, and standpipe.
Anti-Photo
and Video
Voyeurism
Act 2009
The Law
Section 4. Prohibited Acts. - It is hereby
prohibited and declared unlawful for any
person:
(a) To take photo or video coverage of a
person or group of persons performing
sexual act; to capture an image of the
private area of a person such as the naked or
undergarment clad genitals, pubic area,
buttocks or female breast without the
consent of the person/s involved,
The Law
Section 4. Prohibited Acts. - It is hereby
prohibited and declared unlawful for any person:

b) To copy or reproduce such photo or video or


recording of sexual act or any similar activity;
c) To sell or distribute, such photo or video or
recording of sexual act, or
d) To publish or broadcast, such sexual act or any
similar activity through VCD/DVD, Internet,
cellular phones, and other similar means or device
Discussion of the Law
R.A. No. 9995, also known as the
Anti-Photo and Video Voyeurism Act
of 2009, penalizes "photo or video
voyeurism,” which means the act of taking
a photo or video coverage of a person or
group of persons performing a sexual act
or any similar activity or of capturing an
image of the private area of a person or
persons without the latter's consent,
Discussion of the Law
under circumstances in which such person/s
has/have a reasonable expectation of privacy, or
the act of selling, copying, reproducing,
broadcasting sharing, showing or exhibiting the
photo or video coverage or recordings of such
sexual act similar activity through VCD/DVD,
Internet, cellular phones and similar means or
device without the written consent of the person's
involved, notwithstanding that consent to record
or take a photo or video coverage of same was
given by such person.

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