KALIBO MUNICIPAL ORDINANCE

Republic of the Philippines
Province of Aklan
Municipality of Kalibo

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 4TH REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL ON FEBRUARY 12, 2009.

PRESENT:

Hon. Nilda B. Tambong - Vice Mayor, Presiding Officer
Hon. Mark V. Quimpo - SB Member
Hon. Lilian Q. Tirol - SB Member
Hon. E. Soviet R. A. Dela Cruz - SB Member
Hon. Madeline A. Regalado - SB Member
Hon. Gregorio R. Malapad - SB Member
Hon. Peter Jene N. Lao - SB Member
Hon. Ronce M. Reyes - SB Member
Hon. Buencamino F. Villanueva - SB Member
Hon. Wendell P. Tayco - SB Member, ABC President
Hon. Mary Agnes Jesm I. Gallardo - SB Member, SK President

ABSENT:

NONE

"ORDINANCE NO. 2009–001

AN ORDINANCE REQUIRING THE SUBMISSION OF ANCILLARY PERMITS DULY SIGNED AND SEALED BY THE CORRESPONDING PROFESSIONALS TOGETHER WITH THE DULY NOTARIZED APPLICATION FOR BUILDING PERMITS TO THE OFFICE OF THE BUILDING OFFICIAL WITHIN THE MUNICIPALITY OF KALIBO

WHEREAS, in harmony with the inherent power of the Local Chief Executive as stipulated in Chapter 3 of the Local Government Code of 1991 pertinent to requiring owners of building construction to obtain permit, make changes should there be violations to law or ordinances or demolition of removal of which, this ordinance seeks to establish and promote public safety and security while preventing possible loss of lives and/or damage to properties;

WHEREAS, Rule III of the Implementing Rules and Regulations of the National Building Code of the Philippines provides that the Ancillary Permits duly signed and sealed by the corresponding professionals and the plans and specifications should be submitted together with the duly notarized Application for Building Permit;

WHEREAS, it has been observed that there is a prevalent disregard of the prescribed setbacks parking spaces and other parameters which should be strictly observed as reflected in the technical plans;

WHEREAS, the Ancillary Architectural documents, including the Site Development Plan, should be duly signed and sealed by the corresponding design professional, which is the Architect;

WHEREAS, the same should be required that the corresponding design professionals duly sign and seal the required Ancillary Permits;

WHEREAS, any Building Permits is null and void if not accompanied by Ancillary Permits;

WHEREAS, with the devastation of Typhoon Frank on June 21, 2008, some Kalibonhons opted to elevate their building, lifting it to two storey or higher, for fear of experiencing another mudflow, but then, such renovation must also bear the approval of a Structural Engineer to determine/establish its soundness so as to prevent danger and risk of toppling down;

NOW THEREFORE, be it ORDAINED to require the submission of Ancillary Permits duly signed and sealed by corresponding professionals together with the duly notarized application for Building Permits within the Municipality of Kalibo;

Be it ENACTED by the Sangguniang Bayan of Kalibo in session assembled that:

SECTION 1. – TITLE – An Ordinance requiring the Owner/Project Engineer or Contractor to submit the pertinent documents or known as the Ancillary Permits duly signed sealed by the corresponding professionals to the Office of the Building Official prior to the approval of Building Permit.

SECTION 2. – REQUIREMENTS PRIOR TO THE APPROVAL OF BUILDING PERMIT – The following Ancillary Permits must be duly signed by duly licensed professionals to wit:

Architectural Permit - Architect
Civil/Structural Permit - Civil/Structural Engineer
Electrical Permit - Professional Electrical Engineer
Mechanical Permit - Professional Mechanical Engineer
Sanitary Permit - Sanitary Engineer
Plumbing Permit - Master Plumbs
Electronics Permit - Electronics Engineer
Environmental Development Permit - Environmental Planner, who is also an Architect/ Civil Engineer
Interior Design Permit - Interior Designer

SECTION 3. – NUMBERING – The Ancillary Permits shall have the same numbering as the Building Permit.

SECTON 4. – OTHER RULE-STRUCTURAL ANALYSIS AND DESIGN – In the absence of structural analysis, no permit shall be issued by the Office of the Building Official and the Office of the Local Chief Executive particularly for those that will be constructed for additional storey/improvement or for the construction of two or more storey building, duly signed by a certified/licensed Structural Engineer except for one storey and single detached building/structure with a floor area of 20,00 sq. meters or less.
SECTION 5. – VALIDITY OF PERMIT – The Building Permit is null and void if not accompanied by the Ancillary Permits and/or not in accordance to this ordinance or relevant laws.

SECTION 6. – PENALTY – The Owner/Project Engineer/Contractor who violates this ordinance or failed to secure the required permit, a fine shall be imposed in accordance to the Building Code of the Philippines.

SECTION 7. – PENAL PROVISION – Separability Clause – If for any reason, any section or provision of this Ordinance shall be held as unconstitutional or invalid by competent authority, such judgment or action shall not affect or impair the other sections or provisions thereof.

SECTION 8. – APPLICABILITY CLAUSE – All other matters relating to the impositions in this ordinance shall be governed by pertinent provisions of existing laws and other ordinances.

SECTION 9. – EFFECTIVITY – This Ordinance shall take effect fifteen (15) days upon publication in three (3) conspicuous places in the Municipality of Kalibo.

ENACTED, February 12, 2009.

I hereby certify to the correctness of the above stated ordinance as to form.

(Sgd.) DIANA V. TORRE–FEGARIDO
Sanggunian Secretary

Attested:
(Sgd.) NILDA B. TAMBONG
Vice Mayor

Approved:
(Sgd.) RAYMAR A. REBALDO
Municipal Mayor

Madyaas Pen: April 25, 2009