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The National Building Code is the model building code that forms the basis for all of the provincial building codes. Some jurisdictions create their own code based on the National Building Code, other jurisdictions have adopted the National Building often with supplementary laws or regulations to the requirements in the National Building Code. Building Code. For anyone involved in Commonwealth funded building work. What is the Building Code? General information about the Code. Frequently asked questions. Frequently asked questions about the Code. Building Code. For government. Funding entities. Government agencies funding Commonwealth building work. Funding recipients. Government agencies receiving funding for Commonwealth.

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This article is part of a series on the
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Codification of laws is a common practice in the Philippines. Many general areas of substantive law, such as criminal law, civil law and labor law are governed by legal codes.


Tradition of codification[edit]

Codification is predominant in countries that adhere to the legal system of civil law. Spain, a civil law country, introduced the practice of codification in the Philippines, which it had colonized beginning in the late 16th century. Among the codes that Spain enforced in the Philippines were the Spanish Civil Code and the Penal Code.

The practice of codification was retained during the period of American colonial period, even though the United States was a common law jurisdiction. However, during that same period, many common law principles found their way into the legal system by way of legislation and by judicial pronouncements. Judicial precedents of the Philippine Supreme Court were accepted as binding, a practice more attuned to common law jurisdictions. Eventually, the Philippine legal system emerged in such a way that while the practice of codification remained popular, the courts were not barred from invoking principles developed under the common law,[1] or from employing methods of statutory construction in order to arrive at an interpretation of the codal provisions that would be binding in itself in Philippine law.[1][a]

Beginning in the American period, there was an effort to revise the Spanish codes that had remained in force even after the end of Spanish rule. A new Revised Penal Code was enacted in 1930, while a new Civil Code took effect in 1950.

Codes in relation to Republic Acts[edit]

Since the formation of local legislative bodies in the Philippines, Philippine legal codes have been enacted by the legislature, in the exercise of its powers of legislation. Since 1946, the laws passed by the Congress, including legal codes, have been titled Republic Acts.[b]

While Philippine legal codes are, strictly speaking, also Republic Acts, they may be differentiated in that the former represents a more comprehensive effort in embodying all aspects of a general area of law into just one legislative act. In contrast, Republic Acts are generally less expansive and more specific in scope. Thus, while the Civil Code seeks to govern all aspects of private law in the Philippines, a Republic Act such as Republic Act No. 9048 would concern itself with a more limited field, as in that case, the correction of entries in the civil registry.

Still, the amendment of Philippine legal codes is accomplished through the passage of Republic Acts. Republic Acts have also been utilized to enact legislation on areas where the legal codes have proven insufficient. For example, while the possession of narcotics had been penalized under the 1930s Revised Penal Code, the wider attention drawn to illegal drugs in the 1960s and the 1970s led to new legislation increasing the penalties for possession and trafficking of narcotics. Instead of enacting amendments to the Revised Penal Code, Congress chose instead to enact a special law, the Dangerous Drugs Act of 1972.

Philippine legal codes[edit]

LawsCommon nameDate enactedNotes
Executive Order No. 292Administrative Code of 198725 Jul 1987

The Administrative Code “incorporates in a unified document the major structural, functional and procedural principles and rules of governance.” Its primary function is to prescribe the standards, guidelines and practices within the executive branch of government.

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It is the Administrative Code which establishes the various Cabinet departments and offices falling within the executive branch of government, and under the direct control and supervision of the President. The Code also prescribes the administrative procedure undertaken in proceedings before the offices under the executive department.

Originally coming into effect in 1917, the code was revised and amended repeatedly, with the present code being enacted in 1987.

Presidential Decree No. 603Child and Youth Welfare Code10 Dec 1974
Republic Act No. 386Civil Code18 Jun 1949The Civil Code governs private law in the Philippines, including obligations and contracts, succession, torts and damages, property. It was enacted in 1950. Book I of the Civil Code, which governed marriage and family law, was supplanted by the Family Code in 1987.[2]
Republic Act No. 6657Comprehensive Agrarian Reform Code10 Jun 1988
Presidential Decree No. 961Coconut Industry Code11 Jun 1978
Spanish Code of Commerce, Extended by Royal DecreeCode of Commerce10 Dec 1888
Republic Act No. 6713Code of Conduct and Ethical Standards for Public Officials and Employees20 Feb 1989An act establishing a code of conduct and ethical standards got public officials and employees, to uphold the time-honored principle of public office being a public trust, granting incentives and rewards for exemplary service, enumerating prohibited acts and transactions and providing penalties for violations thereof and for other purposes.
Republic Act No. 9520Cooperative Code17 Feb 2009
Republic Act 11232Revised Corporation Code of the Philippines20 Feb 2019The Corporation Code provides for the rules and regulations in the establishment and operation of stock and non-stockcorporations in the Philippines.
Executive Order No. 209Family Code6 Jul 1987Superseded Book I of the Civil Code, which governed marriage and family law.
Republic Act No. 9514Fire Code19 Dec 2008
Republic Act No. 8550The Philippine Fisheries Code of 199825 Feb 1998
Republic Act No. 8491Flag and Heraldic Code12 Feb 1998
Republic Act No. 10607Insurance Code15 Aug 2013
Republic Act No. 8293Intellectual Property Code6 Jun 1997The Intellectual Property Code governs the protection of intellectual property in the Philippines. Initially, the legal protection of intellectual property was contained in a few provisions in the Civil Code. However, the growing concern over intellectual property protection led to the passage of more comprehensive special laws until the final codification of intellectual property law through the Code, enacted in 1997.
Presidential Decree No. 442Labor Code1 May 1974The Labor Code, enacted in 1974, governs employment practices and labor relations in the Philippines.
Republic Act No. 4136Land Transportation and Traffic Code20 Jun 1964
Republic Act No. 7160Local Government Code10 Oct 1991The Local Government Code, enacted in 1991, establishes the system and powers of the local government in the Philippines: provinces, cities, municipalities and barangays. The Local Government Code empowers local governments to enact tax measures, including real property taxes, and assures the local governments a share in the national internal revenue through the Internal Revenue Allotment.
Republic Act No. 9296Meat Inspection Code12 May 2004
Presidential Decree No. 1083Muslim Code of Personal Laws4 Feb 1977
Presidential Decree No. 1096National Building Code19 Feb 1977
Executive Order No. 51National Code of Marketing of Breast-milk Substitutes and Supplements20 Oct 1986
Batas Pambansa Blg. 881Omnibus Election Code3 Dec 1985
Executive Order No. 226Omnibus Investment Code of 198716 Jul 1987
Presidential Decree No. 1152Philippine Environment Code6 Jun 1977
Republic Act No. 9829Pre-Need Code of the Philippines27 Jul 2009
Presidential Decree No. 705Revised Forestry Code18 May 1975
Act No. 3815Revised Penal Code8 Dec 1930The Revised Penal Code contains the general penal laws of the Philippines and is one of the major sources of criminal laws in the Philippines. It was enacted in 1930 and has undergone several amendments.
Presidential Decree No. 856Sanitation Code23 Dec 1975
Republic Act No. 8799Securities Regulation Code19 Jul 2000The regulation of securities and practices in the stock market governed by the 2000 Securities Regulation Code
Presidential Decree No. 1445State Auditing Code11 Jun 1978
Republic Act No. 8424Tax Code/National Internal Revenue Code11 Dec 1997The National Internal Revenue Code is the law establishing the system of national taxation in the Philippines. The most recent extensive revision of the Code occurred in 1997, although the Code was amended in 2005 to expand the coverage and rates of value-added tax.

The taxes imposed by the Code include a graduated income tax on all income earned by natural and juridical persons within the Philippines, a capital gains tax, excise tax on certain products, a donor's tax, an estate tax, and a value-added tax on the sale of most goods and services in the Philippines.

Real property taxes are considered as local, rather than national taxes, and are covered instead under the Local Government Code. Tariffs and duties are covered under the Tariff and Customs Code.

Republic Act No. 1937Tariff and Customs Code22 Jun 1957
Presidential Decree No. 1067Water Code31 Dec 1976

Notes[edit]

  1. ^See Sections 8 and 9 of the Civil Code of the Philippines.
  2. ^Also known as Batas Pambansa during the Marcos-era Batasang Pambansa (English: National Legislature)

References[edit]

  1. ^ ab'In Re: Shoop, 21 Phil. 213 (1920)'. www.lawphil.net. Archived from the original on July 19, 2014. Retrieved July 25, 2019.
    CONCLUSIONS.
    We may summarize our conclusions as follows:
    1. The Philippine Islands is an unorganized territory of the United States, under a civil government established by the Congress.
    2. In interpreting and applying the bulk of the written laws of this jurisdiction, and in rendering its decision in cases not covered by the letter of the written law, this court relies upon the theories and precedents of Anglo- American cases, subject to the limited exception of those instances where the remnants of the Spanish written law present well-defined civil law theories and of the few cases where such precedents are inconsistent with local customs and institutions.
    3. The jurisprudence of this jurisdiction is based upon the English Common Law in its present day form of Anglo-American Common Law to an almost exclusive extent.
    4. By virtue of the foregoing, the New York rule, given a reasonable interpretation, permits conferring privileges on attorneys admitted to practice in the Philippine Islands similar to those privileges accorded by the rule of this court.
  2. ^Family Code of the Philippines, Executive Order No. 209 July 6, 1987.

External links[edit]

Retrieved from 'https://en.wikipedia.org/w/index.php?title=Philippine_legal_codes&oldid=927990536#Local_Government_Code'

The National Building Code of Canada is the model building code of Canada. It is issued by the National Research Council of Canada.[1] As a model code, it has no legal status until it is adopted by a jurisdiction that regulates construction.

History[edit]

The Constitution of Canada includes the regulation of building construction as a provincial responsibility. In a few cases, municipalities have been given the historic right of writing their own building code. In the early years of regulating building construction, this caused a patchwork of building codes across Canada.

In 1941, the federal government of Canada published the first National Building Code. This was adopted by the various provinces and municipalities in Canada during the next 20 years.

On 1 August 1947, the Division of Building Research, later named the Institute for Research in Construction (NRC-IRC) and today known as NRC Construction Research Centre, was established to provide a research service to the construction industry and to help ensure affordable and safe housing for a growing population of Canadians. Its founding head was Robert Legget. The new organization was also given the mandate to lead the development of the National Building Code of Canada. Since then, NRC's Construction Research Centre has grown to encompass emergent areas of research in support of the Canadian construction sector.[2] Early photographs of activities are available in the archives.[3]

The Northern Research Program was housed at the Division of Building Research over the period from 1950 to 1986,[4] and information gleaned from the Building Materials Section in York Redoubt made its way into the Code.[5]

Since 1960, there has been a revised document about every five years up to 1995. The 2000 edition of the building code was supposed to be an objective or performance-based building. However, this took considerably longer to write than foreseen and the next edition of the National Building Code of Canada was not published until 2005. The 2010 National Model Construction Codes was published on 29 November 2010.[6] and the National Building Code of Canada 2010 incorporates energy efficiency requirements.[7]

The first National Farm Building Code of Canada (NFBC) was first published in 1960. The Model National Energy Codes for Buildings and Houses were first published in 1997.[8]

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The Historical National Construction Codes on-line in PDF format is a single collection provided by the NRC of the English and French editions of all Code documents published between 1941 and 1998.[8]

On behalf of the Canadian Commission on Building and Fire Codes (CCBFC) the National Research Council (NRC) Canadian Codes Center publishes national model codes documents that set out minimum requirements relating to their scope and objectives.[9] These include the National Building Code, the National Fire Code, the National Plumbing Code, the National Energy Code of Canada for Buildings (NECB) and other documents. The Canadian Standards Association (CSA) publishes other model codes that address electrical, gas and elevator systems.

Requirements on the specification of structural wood products and wood building systems is set forth in the National Building Code which is concerned with health, safety, accessibility and the protection of buildings from fire or structural damage. The Code applies mainly to new construction, but also aspects of demolition, relocation, renovation and change of building use. The current NBCC was published in 2015, and is usually updated on a five-year cycle. The next update is expected in 2020.[10]

Implementation[edit]

The National Building Code is the model building code that forms the basis for all of the provincial building codes. Some jurisdictions create their own code based on the National Building Code, other jurisdictions have adopted the National Building often with supplementary laws or regulations to the requirements in the National Building Code.

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Alberta[edit]

By agreement with the National Research Council of Canada,[11]Alberta is committed to using the National Building Code of Canada as its base document with changes and modifications to suit Alberta needs in regulating the design, construction, alteration, change of use and demolition of buildings.

The Alberta Building Code 2006 was established by the Building Technical Council, atechnical council of the Safety Codes Council,[12] after consultation with municipal authorities, provincial government departments, associations, other affected parties and Code users. The Code is published for Alberta by the National Research Council of Canada.

The Alberta Building Code 2006[13] was adopted by provincial regulation on 2 September 2007.[14]

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The Alberta Building Code 2006 is developed and administered by Alberta Municipal and Public Affairs.[15] In addition to the production of the Alberta Building Code, Municipal Affairs is responsible for the development and dissemination of code interpretations and alternatives known as STANDATA[16] which come in three forms:

  1. Building Code Variances - acceptable alternative solutions to the prescriptive requirements (known as Alternative Solutions) in Division B.
  2. Building Code Interpretations - interpretations on Code items
  3. Building Code Bulletins - additional explanatory information on Code items or general Code topics

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British Columbia[edit]

The British Columbia Building Code[17] is based on the core concepts of the National Building Code with some variations specific to the province. The Code applies throughout British Columbia, except for some Federal lands and the City of Vancouver.[18] The Code is published by Crown Publications.

Vancouver[edit]

Under the Vancouver Building Bylaw, Vancouver has developed its own building code based on the National Building Code.

Ontario[edit]

The Ontario Building Code[19] is administered by the Building and Development Branch of the Ministry of Municipal Affairs and Housing.[20]

Prior to the enactment of the first Ontario Building Code Act in 1974, individual municipalities were responsible for developing their own building codes, resulting in a fragmented and potentially confusing regulatory environment. The introduction of a provincial Building Code Act and a provincial Building Code addressed this problem by providing for uniform construction standards across Ontario.[21]

As of Jan. 1, 2012 the benchmark requirements for energy efficiency regarding houses and large buildings was enhanced.[22] Updated compliance paths for energy efficiency requirements in large buildings are set out in Supplementary Standard SB-10.[23] Residential buildings intended for occupancy on a continuing basis during the winter months must meet the performance levels specified in Supplementary Standard SB-12.[24]

As of July 1, 2012 the Ontario Building Code was amended to address the issue of balcony glass breaking on newly constructed buildings.[25] The new amendment, Supplementary Standard SB-13, 'Glass in Guards'[26] is intended to help minimize the likelihood that balcony glass will break on newly constructed buildings and help reduce the chance of broken pieces falling to the ground below if balcony glass does break.

Quebec[edit]

The Building Act provides for the adoption of a Construction Code and a Safety Code for buildings, equipment intended for use by the public, and electric, plumbing, and pressure installations as well as installations intended to use, store, or distribute gas. Whereas the Construction Code applies to plan and estimate designers (architects, engineers, technologists) and contractors, the Safety Code is intended for owners of buildings, equipment, and facilities.

These two codes are adopted chapter by chapter and are progressively replacing the seven laws and thirty-odd regulations that were previously in effect. The goal of this process is, obviously, to simplify regulations, but also to better define the responsibilities of owners and construction professionals.

In force since November 7, 2000. The Code de construction du Québec[27] Consisting of the National Construction Code – 2005, amended and includes Part 10 for existing buildings.

The Quebec Code de Construction is not compulsory in the province. Municipalities have the option of adopting the code of their choice, with or without modifications. In fact, many municipalities do not have any building code officially in effect.

For example, since 2013 the Régie du bâtiment du Québec has adopted a new code (Bill 122) that requires all owners of buildings that are 5 storeys and higher which are older than 1958 to conduct a facade inspection of the building by an engineer. This code is exclusive to the province.

Other provinces[edit]

Prince Edward Island,[28]Nova Scotia,[29] and Newfoundland and Labrador[30] have legislation enforcing the current version of the National Building Code of Canada. Manitoba,[31]New Brunswick,[32] and Saskatchewan[33] have adopted the 2010 National Building Code as regulations under provincial acts.

Federal jurisdiction[edit]

For most construction under federal jurisdiction the National Building Code of Canada is the applicable Code. Property under federal jurisdiction includes military bases, federal government land and airports. First Nations land (as defined by the Indian Act - land set aside for the exclusive use of First Nations) may choose to adopt the National Building & Fire Codes through a Band Resolution or By Law, however the National Building and Fire codes are not legally enforceable.

Content[edit]

The intent of the Building Code is to detail the minimum provisions acceptable to maintain the safety of buildings, with specific regard to public health, fire protection, accessibility and structural sufficiency. It is not a textbook for building design. The Building Code concerns construction, renovation, and demolition. It also covers change of use projects where the change would result in increased hazard and/or maintenance and operation in the existing building. The Code sets out technical requirements for the aforementioned project types and does not pertain to existing buildings.

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The 1995 National Building Code is split into 9 parts.

  • Part 1 Scope and Definitions
  • Part 2 General Requirements
  • Part 3 Fire Protection, Occupant Safety and Accessibility
  • Part 4 Structural Design
  • Part 5 Environmental Separation
  • Part 6 Heating, Ventilating and Air-conditioning
  • Part 7 Plumbing Services
  • Part 8 Safety Measures at Construction and Demolition Sites
  • Part 9 Housing and Small Buildings

Part 1 gives the definitions and describes how the building code is applied. Houses and certain other small buildings (less than 3 storeys high and 600 m2) are considered 'Part 9 Buildings' and Part 9 drives the majority of the code requirements, with references to other parts where the scope of Part 9 is exceeded. Larger buildings are considered 'Part 3 buildings' and parts 1 through 8 apply. Part 3 is the largest and most complicated part of the building code. It is intended to be used by engineers and architects. Part 9 is very prescriptive and is intended to be able to be applied by contractors.

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The building code also references hundreds of other construction documents that are legally incorporated by reference and thus part of the enforceable code. This includes many design, material testing, installation and commissioning documents that are produced by a number of private organizations. Most prominent among these are the Canadian Electrical Code, Underwriters Laboratories of Canada[34] a subsidiary of Underwriters Laboratories, documents on fire alarm design, and a number of National Fire Protection Association documents.

References[edit]

  1. ^NRC Website
  2. ^archive.nrc-cnrc.gc.ca: 'NRC Institute for Research in Construction'
  3. ^dr-dn.cisti-icist.nrc-cnrc.gc.ca: 'Pictures: Division of Building Research'
  4. ^cgs.ca: 'Information and Location for Archival Records'
  5. ^collections.mun.ca: 'National Research Council of Canada, Division of Building Research, Building Materials Section'
  6. ^nrc-cnrc.gc.ca: Archived November 29, 2010, at the Wayback Machine
  7. ^nrc-cnrc.gc.ca: 'National Building Code of Canada 2010'
  8. ^ abnrc-cnrc.gc.ca: 'Historical Editions of the National Construction Codes (1941-1998)'
  9. ^nrc-cnrc.gc.ca: 'Canadian Codes Centre'
  10. ^cwc.ca: 'Building Code - Canada’s National Code System'
  11. ^National Research Council of Canada
  12. ^safetycodes.ab.ca: 'Safety Codes Council'
  13. ^education.gov.ab.ca:
  14. ^qp.gov.ab.ca: 'Alberta.ca > Service Alberta > Queen's Printer'
  15. ^Alberta.ca Municipal Affairs
  16. ^municipalaffairs.alberta.ca: 'Building STANDATA'
  17. ^bccodes.ca: 'BC Building Code 2012'
  18. ^housing.gov.bc.ca: 'Ask a Building Code Question'
  19. ^e-laws.gov.on.ca: 'O. Reg. 350/06: BUILDING COD under Building Code Act, 1992, S.O. 1992, c. 23'
  20. ^mah.gov.on.ca: 'Ontario Building Code'
  21. ^mah.gov.on.ca: 'About Ontario’s Building Code'
  22. ^CodeNews Issue No. 201
  23. ^Supplementary Standard SB-10
  24. ^mah.gov.on.ca: 'Supplementary Standard SB-12'
  25. ^mah.gov.on.ca: 'CodeNews Issue No. 204 - Glass Guards'
  26. ^mah.gov.on.ca: 'Supplementary Standard SB-13, 'Glass in Guards'
  27. ^rbq.gouv.qc.ca: 'Construction Code and Safety Code'
  28. ^gov.pe.ca: 'CHAPTER P-24 - PROVINCIAL BUILDING CODE ACT'
  29. ^gov.ns.ca: dead link
  30. ^'CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1140/96'
  31. ^'The Buildings and Mobile Homes Act'
  32. ^'NEW BRUNSWICK REGULATION 2002-45'
  33. ^sboa.sk.ca: 'About SBOA'
  34. ^Underwriters Laboratories of Canada (ULC)

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