CODE ON SANITATION
WHEREAS, the health of the people,
being of paramount importance, all efforts of public services should be
directed towards the protection and promotion of health; and
WHEREAS, the advance in the
field of sanitation in recent years, there arises the need for updating
and codifying our scattered sanitary laws to ensure that the are in
keeping
with modern standards of sanitation and provide a handy reference and
guide
for their enforcement;
NOW, THEREFORE, I, FERDINAND
E. MARCOS, President of the Philippines, by virtue of the powers vested
in me by the Constitution, do hereby order and decree the following
Code
on Sanitation:chanroblesvirtuallawlibrary
CODE ON SANITATION OF THE PHILIPPINES
Chapter 1- General
Provisions
Sec. 1. Title. -
The
title of this Code is "Code on Sanitation of the Philippines"
Sec. 2. Definition of
Terms. - Whenever any of the following words or terms are used
herein
or in any rules or regulation issued under this Code, it shall have the
meaning given it in this section, as follows:chanroblesvirtuallawlibrary
a. Code -
Code on
Sanitation of the Philippinesb. Department - The
Department
of Health.
c. Secretary - The
Secretary
of Health.
d. Regional
Director - An
official who heads a Regional Health Office.
e. Local Health
Authority
- An official or employee responsible for the application of a
prescribe
health measure in a local political subdivision.
f. Health Officer -
Provincial,
City or Municipal Health Officer.
g. Engineer - A
Sanitary
Engineer.
h. Section - Any
section
of this code unless the term refers to other statutes which are
specifically
mentioned.
Sec. 3. Functions
of
the Department of Health. - The Department shall have the following
powers and functions:chanroblesvirtuallawlibrary
a. Undertake
the
promotion and preservation of the health of the people and raise the
health
standards of individuals and communities throughout the Philippines.b. Extend maximum
health
services to the people in rural areas and provide medical care to those
who cannot afford it by reason of poverty;
c. Develop,
administer and
coordinate various health activities and services which shall include
public
health, preventive, curative and rehabilitative programs, medical care,
health and medical education services;
d. Upgrade the
standards
of medical practice, the quality of health services and programs to
assure
the people of better health services;
e. Assist local
health agencies
in developing public health programs including medical care, and
promote
medical and public health research;
f. Issue permits to
establish
and operate government and private hospitals, clinics, dispensaries,
schools
of nursing, midwifery, and other para-medical courses, puericulture
centers,
clinical laboratories and blood banks.
g. Prescribe
standard rates
of fees for health, medical, laboratory, and other public health
services;
and
h. Performs such
other functions
as may be provided by law.
Sec. 4. Authority of
the
Secretary. - In addition to the powers and authority of the
Secretary
which are provided by law, he is likewise empowered to promulgate rules
and regulations for the proper implementation and enforcement of the
provisions
of this Code.chanrobles virtualawlibrary
Sec. 5. Authority of the
Bureau of Directors. - The Bureau Directors shall be responsible
for
staff activities involving the development of plans, programs.
operating
standards and management techniques in their respective field of
assignment.
Sec. 6. Authority
of the Regional Directors. - The Regional Directors shall
administer
health functions in their regions, implement policies, standards and
programs
involving health services; and enforce the provisions of this Code and
the rules and regulations promulgated by the Secretary under this Code.
Sec. 7. Authority of Health
Officers. - The health officers shall administer health functions
in
areas under their jurisdiction and enforce the provisions of this Code
and the rules and regulations promulgated by the Secretary under this
Code.
Sec. 8. Miscellaneous
Provisions. -
a. International treaties,
agreements and conventions - The Republic of the Philippines recognizes
international treaties, agreement and conventions on public health.
Their
provisions may be considered parts of this Code provided they do not
contravene
the Constitution, existing laws or any provision of this Code.
b. Rights and proceedings
- Any proceeding which has commenced or any right which has accrued
upon
the effectivity of this Code shall not be affected by any of its
provisions.
However, matters of procedure and rights arising after the date of
effectivity
of this Code shall conform to the provisions hereof.
c. Delegation of power and
assignment of duty - Whenever a power is granted or a duty is assigned
to any public health officer in this Code, the power may be exercised
by
a deputy or agent of the official pursuant to law, unless it is
expressly
provided otherwise in this Code.
d. Language required - Any
notice, report, statement or record required or authorized by this
Code,
shall be written in English or Pilipino.
e. Mailing of notices - Unless
otherwise expressly provided, any notice required to sent to any person
by any provision of this Code, shall be sent through the postal
service.
The affidavit of the official or employee who mailed the notice is
prima
facie evidence that the notice was sent as prescribed herein.
f. Condemnation and seizure
of property - Then any property is officially condemned or seized by
government
authorities in the interest of public health, the owner thereof shall
not
be entitled to compensation.
g. Command responsibility
- When a duty is expressly vested in a health officer as provided in
this
Code, it shall be understood that it shall likewise be the concern of
the
superiors of the health office under the principle of command
responsibility.
Chapter II. Water
Supply
Sec. 9. Prescribed
Standards and Procedures. - Standards for drinking water and their
bacteriological and chemical examinations, together with the evaluation
of results, shall conform to the criteria set by the National Drinking
Water Standards. The treatment of water to render it safe for drinking,
and the disinfection of contaminated water sources together with their
distribution systems shall be in accordance with procedures prescribed
by the Department.chanrobles virtualawlibrary
Sec. 10. Jurisdiction
of the Department. - The approval of the Secretary or that of his
duly
authorized representative is required in the following cases:chanroblesvirtuallawlibrary
a. Sites of
water
sources before their construction;b. Delivery of
water to consumers
from new or recently repaired water systems;
c. Operation of a
water system
after an order of closure was issued by the Department;
c. Plans and
specifications
of water systems of subdivisions and projects prior to the construction
of housing units thereat; and
e. Certification of
potability
of drinking water.
Sec. 11. Types of
Water Examinations
Required. - The following examinations are required for drinking
water:chanroblesvirtuallawlibrarya. Initial
examination
- The physical, chemical and bacteriological examinations of water from
newly constructed systems or sources are required before they are
operated
and opened for public use. Examination of water for possible radio
active
contamination should also be done initially.b. Periodic
examination -
Water from existing sources is subject to bacteriological examination
as
often as possible but the interval shall not be longer than six months,
while general systematic chemical examination shall be conducted every
12 months or oftener. Examination of water sources shall be conducted
yearly
for possible radioactive contamination.
Sec. 12. Examining
Laboratories
and Submission of Water Samples. - The examination of drinking
water
shall be performed only in private or government laboratories duly
accredited
by the Department. It is the responsibility of operators of water
systems
to submit to accredited laboratories duly accredited by the Department.
It is the responsibility of operators of water systems to submit to
accredited
laboratories water samples for examination in a manner and at such
intervals
prescribed by the Department.chanrobles virtualawlibrary
Sec. 13. Other protective
Measures. - To protect drinking water from contamination, the
following
measures shall be observed:chanroblesvirtuallawlibrary
a. Washing
clothes
or bathing within a radius of 25 meters from any well or other source
of
drinking water is prohibited.b. No artesians,
deep or
shallow well shall be constructed within 25 meters from any source of
pollution.
c. No radioactive
sources
or materials shall be stored within a radius of 25 meters from any well
or source is adequately and safely enclosed by proper shielding
d. No person
charged with
the management of a public water supply system shall permit any
physical
connection between its distribution system and that any other water
supply,
unless the latter is regularly examined as to its quality by those in
charge
is made and found to be sage and potable
e. The installation
of booster
pump to boost water direct from the water distribution line of a water
supply system where low-water pressure prevails is prohibited.
Chapter III. Food
Establishment
Sec. 14. Sanitary
Permit.
-
a. No person or entity shall
operate a food establishment for public patronage without securing a
permit
from the local health office. The term " food establishment" as used in
this chapter means an establishment where food or drinking are
manufactured,
processed, stored, sold or served.
b. Every Sanitary Permit
shall be posted in a conspicuous place of the establishment.
c. Fees - The fees payable
on applications for permits and upon the issuance, renewal and noting
of
such certificates shall be is such amounts as the City or Municipal
Authority
may by resolution impose.
d. Noting of Permit - Within
14 days after any chance n the ownership or occupancy of any
establishment,
the new occupant shall apply to the City or Municipal Health Officer to
have such change noted in the records and on the permit certificate
which
he shall produce for the purpose and shall pay the corresponding fee in
respect of such noting.
e. Record of Permit Certificates.
-
1. Every
City or
Municipality shall keep a record of all establishments in respect of
which
permits have been issued and all permit certificates and renewals
thereof;
f. The record shall in
every
case show the following:chanroblesvirtuallawlibraryi. The name
and
address of the holder of the permit who in every case shall be the
actual
occupier of the establishment :chanroblesvirtuallawlibraryii. The location of
the establishment;
iii. The purpose or
purposes
for which the permit has been issued;
iv. The date the
first permit
was issued and the dates of any renewal thereof.
v. Every change of
occupation
and management of the establishment since the first permit was issued;
and
vi. Conditions
under which
the permit was issued or any renewal thereof granted;
The record shall be
available
at all reasonable times for inspection by any officer of the Department
of Health.
Sec. 15. Health
Certificates.
- No person shall be employed in any food establishment without a
Health
Certificate issued by the local health authority. This certificate
shall
be issued only after the required physical and medical examinations are
performed and immunizations are administered at prescribed intervals.chanrobles virtualawlibrary
Sec. 16. Quality and Protection
of Food. - All food must be obtained from sources approved by the
local
health authority. In this regard, the following requirements are
applicable:chanroblesvirtuallawlibrary
a. Meats,
meat products
and fish shall be procured for sources under sanitary or veterinary
supervision.b. All meat and
fish shall
be properly cooked before serving
c. No meat products
fish,
vegetables and other food sources shall be procured from sources or
areas
known to have been affected by radioactivity as for example, areas
contaminated
with a very large amount of radioactive fallout.
d. Milk and fluid
milk products
shall be obtained from sources approved by the local health authority.
Milk obtained from other sources must be sterilized, pasteurized or
otherwise
heated.
e. Milk shall be
stored in
a refrigerator. Canned or packaged milk, other than milk powders, shall
be refrigerated after the container has been opened.
f. All perishable
and potentially
hazardous foods shall be stored at 45°F (7°C ) or below.
g. Cooked food
intended to
be served hot shall be kept at a temperature not lower than 140°F
(60°C
)
h. Raw fruits and
vegetables
shall be thoroughly washed before they are used.
Sec. 17. Structural
Requirements.
- Food establishments shall be constructed in accordance with the
following
requirements:chanroblesvirtuallawlibrary
1. No person shall use any
room or place for or in connection with the preparation, storage,
handling
or sale of any article of food
a. Which is
at anytime
used or in direct communication with a sleeping apartment or toilet.b. In which any
animal is
kept; or
c. which is or has
been used
for any purpose which would be likely to contaminate the food or to
affect
injuriously its wholesomeness or cleanliness; or
d. Which is not
used exclusively
for the purpose: Provided, that in department stores or multi-purpose
business
establishments, food may be manufactured, prepared, cooked, stored, or
sold only in the area set aside exclusively for said purpose and for
which
a sanitary permit has been issued.
2. No sanitary permit
shall
be issued for any premises to be used for the preparation, handling and
sale of food unless it is constructed in accordance with the following
requirements:chanroblesvirtuallawlibrarya. Floors -
The
Floors shall be-i.
Constructed of
concrete or other impervious and easily cleaned material that is
resistant
to wear and corrosion and shall be adequately graded and drained;All angles
between the floors
and walls shall be rounded off to a height of not less than 3 inches
(7.62
cm.) from the floor; or
ii. Constructed
or wood with
dovetailed or tongue and grooved floor boards laid on a firm foundation
and tightly clamped together with all angles between the floor and
walls
rounded off to height of 3 inches (7.62 cm.); or
iii. Constructed
in accordance
with the requirements of sub-clause i. and ii. of this clause and
covered
with linoleum, smooth surfaced rubber or similar material fixed to the
floor with cement or suitable adhesive: Provided, That with the
approval
in writing of the local authority, floors may be covered with carpets
or
other floor covering in those parts of the premises where such carpets
or coverings can be satisfactorily cleaned and maintained.
b. Wallsi. The
internal
surface of walls shall have a smooth, even, non-absorbent surface
capable
of being readily cleaned without damage to the surface and constructed
of dust-proof materials;ii. The walls,
where subject
to wetting or splashing, shall be constructed of impervious,
non-absorbent
materials to a height of not less than 79 inches (2 meters) from the
floor.
iii. The internal
walls shall
be painted in light colors or treated with such other wall finish as
the
health authority may prescribed.
c. Ceilingsi. All
ceilings
or, if no ceiling is provided, the entire under-surface of the roof
shall
be dust-proof and washable.ii. The ceiling
or under-surface
of the roof of rooms in which food is prepared or packed or in which
utensils
or hands are washed shall be smooth, non-absorbent and light coloured.
d. Lightingi. The
general standards
of illumination provided shall permit effective inspection and cleaning
and shall be sufficient intensity appropriate to the purpose for which
any room or place is used;ii. In rooms
where food is
prepared or packed or in which utensils or hands are hands are washed
there
shall be a minimum illumination intensity of 20-foot candles; in
premises
where food is consumed, there shall be a minimum illumination intensity
of 5-foot candles. Intensities of illumination shall be measured at a
point
30 inches (76.20 cm.) above the floor;
iii. All
lightning shall
be reasonably free from glare and distributed so as to avoid shadows;
iv. At other
areas or working
surfaces, the illumination shall be of such intensity as may be
required
by the health authority.
e. Ventilationi.
Ventilation shall
be provided which shall be effective and suitable to maintain
comfortable
condition;ii. The
ventilation shall
be adequate to prevent the air from becoming excessively heated,
prevent
condensation and the formation of excess moisture on walls, ceilings
and
for the removal of objectionable odors, fumes and impurities;
iii. In the
absence of effective
natural ventilation, mechanical ventilation with airflow from a clean
area,
and discharging in such manner as not to create a nuisance, shall be
provided;
iv. Canopies, air
ducts,
fans or other appliances shall be provided as required by the health
authority
in particular circumstances;
v. Effective
provision shall
be made for securing and maintaining a reasonable temperature;
f. Overcrowding -
There shall
be sufficient floor space to enable every person working thereon to
carry
out his duties efficiently and to permit easy access for cleaning.
Working
spaces, aisles or passageways and areas to which customers have access
shall unobstructed and sufficient to permit movement of employees and
customers
without contamination of food by clothing or personal contact.g. Changerooms
i. There
shall be
provided adequate and suitable lockers or other facilities for the
orderly
storage of clothing and personal belongings of employees or persons
engaged
or employed in the premises. Such facilities shall be so situated and
arranged
so that there is no contamination of food by contact with clothing, and
where the number of persons engaged or employed is four or more of
either
sex, there shall be provided separate changing rooms for each sex.ii. If required
in writing
by the local health authority an additional wash-hand basin shall be
installed
as near as practicable to the toilet facilities; Provided, That
wash-hand
basins specified in this Code need not be installed in premises where
only
food in sealed containers is sold: and, Provided, further, That
wash-hand
basins specified in this regulation shall be installed under
specifications
of the National Plumbing Code of the Philippines.
h. Wash-hand Basin
Maintenancei. An
adequate supply
of soap, clean towels, roller towels presenting a clean surface to each
user from a continuous roller towel dispenser or other hand drying
services
approved by health authorities.ii. The wash-hand
basin and
all hand washing facilities shall, at all times, be maintained in good
repair and in a clean condition.
iii. All
wash-hand basins
shall, at all times, while the premises are being used, be supplied
with
hot and cold or tempered running water at a minimum temperature of
100°F
(37.8°C).
Sec. 18. Use of
Food-Service
Spaces. -
a. Food-service spaces shall
not be used as living or sleeping quarters.
b. Clothing or personal effects
shall be kept in lockers or in designated places away from food service
spaces.
c. No animal or live fowls
shall be allowed in such spaces.
d. Persons not directly connected
with food preparation and serving shall not be allowed to stay in
food-serving
spaces.
e. Foods in storage or in
preparation must not be handled by anyone other than the preparation
and
serving staff.
SEC. 19. Food Handlers.
-
a. No person shall be employed
in any food establishments without health certificate issued by the
local
health authority.
b. Food handlers shall at
all times:chanroblesvirtuallawlibrary
i. Wear
clean working
garments. The Cook shall wear prescribed caps and female employees caps
or hairnets.ii. Observe food
personal
hygiene.
iii. Wash their
hands thoroughly
with soap and water and dry them with a clean or disposable towel or a
suitable hand-drying device immediately before working, or after
visiting
the toilet.
Sec. 20. Vermin
Control.
-
Vermin - A group of insects
or small animals such as flies, mosquitoes, cockroaches, fleas, lice,
bedbugs,
mice and rats which are vectors of diseases.
a. Spaces where food and
drinks are stored, prepared and served shall be so constructed and
maintained
as to exclude vermin.
b. All opening which connects
spaces to the outer air shall be effectively protected with screen of
non-corrosive
wire 16-mesh or finer. Door screens shall be tight-fitting.
c. A vermin abatement program
shall be maintained in the establishments by their owners, operators,
or
administrators. If they fail, neglect or refuse to maintain a vermin
abatement
programs, the local health agency will undertake the work at their
expense.
d. During deratting or disinfecting
operations, all food stuffs, utensils, food preparation and cleaning
equipment
shall be covered to protect them from toxic chemical substances.
e. Vermin control in public
places shall be the responsibility of the provincial, city or municipal
governments which have jurisdiction over them.
f. The procedure and frequency
of vermin abatement program shall be determined and approved by the
local
health authority.
Sec. 21. Toilet and Washing
Facilities. -
a. Adequate and clean toilet
facilities for male and female customers and personnel shall be
provided
in properly located areas.
b. Toilet rooms shall not
open directly into spaces where food is prepared, stored or served.
Where
such toilets exist, the doors shall be tight fitting and self-closing.
c. Adequate hand-washing
facilities shall be provided within or adjacent to toilet room
d. Facilities shall include
hot and cold running water single-service paper or cold towel dispenser
or drying device and soap or detergent.
Sec. 22. Disposal of Refuse. -
a. Refuse cans may be used
in food - preparation areas for immediate use only.
b. Storage refuse cans, filled
and empty, shall be in a designated space from food-handling operations.
c. These cans shall be so
constructed and maintained as to be vermin -proof and easily cleaned.
d. Cans containing refuse
shall be tightly covered at all times, except during actual use in
food-handling
areas.
e. Holding bins may likewise
be used, provided they are constructed of impervious, readily-cleaned
materials
and fitted with tight-fitting covers.
f. Where refuse cans are
used, a space separate from the food-handling spaces and adjacent to
the
refuse-can storage space be provided for cleaning them. This space
shall
be equipped with scrubbing-brushes, cleansing agents, steam or hot
water
under pressure, and a hose fitted with adjustable nozzle.
Sec. 23. Equipment and
Utensils. -
a. They shall be so designated,
fabricated and installed so that cleaning is easy and they do not pose
health hazards.
b. Lead-soldered containers
and cadium-lined piping and fixtures shall not be used.
c. Surfaces that come into
contact with food or drinks shall be constructed or materials that are
impervious, corrosion-resistant, non-toxic, easily cleanable, durable
and
resistant to chipping.
d. Sliding doors on cabinets
shall be easily cleanable and removable. Runners shall be allotted at
the
ends to permit removal of dust and debris. The bottom shelves of
open-based
fixtures shall be removable to facilitate inspections, cleaning and
maintenance.
Sec. 24. Washing Utensils.
-
a. They shall be scraped
and pre-rinsed to remove food articles.
b. They shall be thoroughly
cleansed in warm water at 120°F (49°C) with soap or detergent.
c. If running water is not
used, the wash-water shall be changed frequently.
Sec. 25 Bactericidal Treatment-Eating
and drinking utensils and equipment, after thoroughly cleaned, shall be
subjected to one of the following bactericidal treatments:chanroblesvirtuallawlibrary
a. Immersion for at least
half a minute in clean hot water at a temperature of at least 170°F
(77°C);
b. They shall be thoroughly
cleansed in warm water at 120°F (49°C) with soap or detergent.
c. If running water is not
used, the wash-water shall be changed frequently.
Sec. 25. Bactericidal
Treatment. - Eating and drinking utensils and equipment, after
thoroughly
cleaned, shall be subjected to one of the following bactericidal
treatments:chanroblesvirtuallawlibrary
a. Immersion
for
at least half a minute in clean hot water at a temperature of at least
170°F (77°C);b. Immersion for at
least
one minute in a lukewarm chlorine solution 50 ppm;
c. Exposure in a
steam cabinet
at a temperature of at least 170°F (77°C) for at least 15
minutes
at a temperature of 200°F (90°C) for at least 5 minutes;
d. Exposure in an
oven or
hot-air cabinet at a temperature of at least 180°F (82°C ) for
at least 20 minutes; or
e. Any other method
approved
by the local health authority.
Sec. 26. Handling of
Washed
Utensils. -
a. Washed utensils shall
be allowed to drain dry in wire racks without use of drying cloths, or
shall be stored in self-draining position to permit ready air-drying.
b. The drying cloth on which
to store dishes and utensils temporarily after bactericidal treatment
should
be clean and changed frequently.
Sec. 27. Storage of Washed
Utensils. -
a. They shall be stored in
a clean and dry place protected against vermin and other sources of
contamination.
b. Cups, bowls, and glasses,
shall be inverted for storage.
c. When not stored in closed
cupboards or lockers, utensils and containers shall be covered or
invented
whenever practicable. Utensils shall not be stored on the bottom
shelves
of open cabinets below the working top level.
d. Racks, trays and shelves
shall be made of materials that are impervious, corrosion-resistant,
non-toxic,
smooth, durable and resistant to chipping.
e. Drawers shall be made
of the same materials and kept clean. Felt-line drawers are not
acceptable,
but the use of clean and removable towels for lining drawers is
acceptable.
Sec. 28. Dry Storage of
Non-Perishable Foods.- Non-perishable foods shall be stored in the
following manner:chanroblesvirtuallawlibrary
a.
Designated spaces,
lockers, cupboards, racks, shelves and containers shall be used for
storage.b. All spaces,
lockers and
cupboard shall be constructed of materials of the same quality as used
for food-preparation and food-serving operations. Containers shall be
made
metal fitted with tight covers.
c. The recommended
temperature
range for dry stores is 50- 60°F (10-15°C) except where dry
foods
for immediate use are stored in the preparation and servicing spaces.
Sec. 29. Refrigerated
Storage
of Perishable Foods. - Perishable foods shall be stored in the
following
manner:chanroblesvirtuallawlibrary
a. They shall be kept at
or below 45°F (7°C) except during preparation or when held for
immediate serving after preparation.
b. When such food s are to
be stored for extended periods, a temperature of 40°F (4°C) is
recommended.
c. Fruits and vegetables
shall be stored in cool rooms.
d. Recommended temperatures
for perishable food storage are:chanroblesvirtuallawlibrary
1. Frozen
foods;
not more than 10°F (2°C)2. Meat and fish:
32-38°F
(O-3°C)
3. Milk and milk
products:
40-45°F (5-7°C)
4. Fruits and
vegetables:
44-50°F (7-10°C)
e. All refrigerating
compartments
and refrigerators must be kept clean, in good repair and free from
odors.
They shall be provided with thermometers with scale divisions not
larger
than 32°F (1°C). Sufficient shelving shall be provided to
prevent
stocking and to permit adequate ventilation and cleaning.chanrobles virtualawlibrary
Sec. 30. Food Servicing
Operations. - These operations should be in accordance with the
following
requirements:chanroblesvirtuallawlibrary
a. Hand
contacts
with food or drink shall be avoided; fingers shall not be used to serve
butter, ice, or similar items or food. Sugar shall be served in covered
dispensers or containers, or in packages wrapped for single service.b. The surfaces of
containers
and utensils, including glasses and tablewares, which come in contact
with
food and drink shall not be handled.
c. Disposable cups,
plates,
spoons and other single-service containers and utensils shall be
purchased
in sanitary cartons and stored in a clean, dry place until used. These
articles shall be so handled on removal from the carton that the hand
does
not touch the surface which will be in contact with food or drink.
d. Clean cloths,
napkins,
spoons, towels and other cloth equipment shall be stored in clean
places
designated specially for them. Soiled linens, including towels, aprons,
and coats, shall be stored in a closed bin or locker, suitably marked.
e. Spoons,
spatulas, dippers
and scoops used intermittently for disposing frozen desserts shall be
kept
in running water or in water maintained at 170°F (77°C) and
frequently
changed, or they may be washed and stored in a dry place after each
use.
Constant-temperature bottles and other containers used for potable
water
and other beverages shall be kept clean and given effective
bactericidal
treatment before and after subsequent use.
Sec. 31. Evaluation
of Food
Establishment. - It shall be the duty of the Provincial, Municipal
or City Health Officer to cause an inspection and evaluation of every
food
establishment requiring a permit for its operations, at least every six
months and shall cause as many additional inspection and re-inspections
and evaluation to be made as are necessary for the enforcement of the
provision
of this Chapter.chanrobles virtualawlibrary
During the inspection or
evaluation carried out at least every six months, the inspector shall
record
his findings on an inspection form provided for the purpose and shall
furnish
the original of such report to the holder of sanitary permit, the
manager
or occupier of the premises. Demerits entered in the appropriate column
inspections forms shall indicate that the item does not, in the opinion
of the inspector, comply with the requirements of this regulation.
Within
48 hours of the inspection or evaluation, the original of the
inspection
report shall be furnished the holder of the permit certificate, the
manager
or occupier of the food establishment. Whenever an inspection form
issued
indicates noncompliance items relating to any particular type of
premises,the
inspector shall notify the holder of the sanitary permit,the manager or
occupier of the correction to be made and indicate a reasonable period
for its compliance. If upon upon reinspection after the deadline the
inspector
finds the correction has not been effected he shall forthwith report to
the Health Officer and the Health Officer shall revoke the sanitary
permit.
A copy of the inspection form and any notices served shall, in all
cases
be filed and kept by the local health authority and be available at all
reasonable time for inspection by an officer of the Department of
Health.
a. Service
of Notice
- Whenever an inspection or evaluation report form indicates
non-complying
items, the Health Officer of the Province, Municipality or City may
cause
to be served on the holder of the permit, the manager or occupier a
notice
requiring him, within the time stated in the notice, to take such
remedial
action as may be specified therein. In the event within the time stated
in the notice, the terms of the first notice are not complied with,the
Health Officer may cause to be served on the holder of the permit, the
manager or occupier a second notice calling on him to show cause, at
all
time and place stated in the notice, why the permit issued in respect
of
the food establishment should not be revoked.b. Revocation of
Permits
- After prior notice and hearing as provided above, the Health Officer,
if satisfied that the terms of the notices have not been complied with
or that the failure to comply therewith is not excusable, shall revoke
the said permit.
c. Summary
Suspension of
Permits - Whenever the Provincial, Municipal or City Health Officer
finds
unsanitary or unhealthy conditions in the operation of a food
establishment
which in his judgment constitute a substantial hazard to the public
health,
the Health Officer may order the immediate suspension of the permit.
Any
person to whom such an order is issued written petition shall be
afforded
a hearing as soon as possible.
d. Appeals - The
person or
panel conducting the hearing may confirm, modify or reverse the
decision
appealed from, which decision shall be final.
e. Protection of
Food - Notwithstanding
the other provisions of this regulation relating to the issuance of
permit,
every person who is engaged in the sale of food or in the manufacture,
preparation, storage, packing or delivery of food for sale shall
protect
such food from contamination.
f. Power of Entry -
Any sanitary
Inspector or duly authorized officer of the Department of Health or of
the Provincial, Municipal or City Health Officer, upon presentation of
power credentials may at all reasonable times enter any premises
engaged
in the manufacture, preparation, or packing of any article of food for
sale or any premises used for any of the purposes referred to in this
Code
for the purpose of inspection or any other action necessary for
administration
of this Code.
Sec. 32. Special
Provisions.
-
a. Groceries or "Sari-Sari'"Stores
1. No
grocery or
sari-sari store shall be established within a distance of 25 meters
from
any source of contamination.2. All foods which
require
no further cooking before they are eaten shall be protected from
contamination
while in countries or showcases.
b. Bakeries -1. Delivery
trucks
and carts of bakery products shall always be kept clean and sanitary.
c. Dairies -1.No dairy
shall
keep unhealthy or infected cows, carabaos or goats for the production
of
mild, or feed them unwholesome food which produces impure or
unwholesome
mild.2. No animals used
for the
production of milk shall be allowed to graze on land which has been
contaminated
by radioactivity.
3. No dairy shall
sell unwholesome
milk that has not been previously pasteurized or otherwise sterilized.
d. Ice Plants -1. Only
potable
water shall be used in the manufacture of ice.2. In storing and
transporting
ice intended for public consumption, precautionary measures shall be
taken
to protect the ice from sources of contamination.
e. Ambulant Food Vendors
-1. These
vendors
shall sell only bottled food drinks, biscuits and confectioneries.2. It is prohibited
for food
vendors to sell food that requires the use of utensils.
f. Oyster beds -1. Oysters
shall
be planted and grown only in areas approved by the Secretary or his
duly
authorized representatives and in places duly licensed by the Bureau of
Fisheries and Aquatic Resources.2. Oysters offered
for sale,
if not originating from approved areas, shall be confiscated and
destroyed
by the local health authority.
g. Fish Marketing Areas -1. Only
fresh and
wholesome fish products shall be sold.2. Fish caught in
radioactive
zones as well as in areas contaminated by toxic substances or high in
mercury
count as determined by the health authorities shall be condemned and
not
be allowed for public consumption.
3. The selling,
distribution
and buying of fish caught through the use of explosives and chemicals
are
prohibited.
Sec. 33. Responsibility
of
the Local Health Authority. -
The local health authority
shall:chanroblesvirtuallawlibrary
a. Make
periodic
inspections to enforce the maintenance of adequate sanitation in food
establishments
and their premises;b. Take samples of
food and
drink from any establishments or vendor as often as necessary to
determine
if these are unwholesome, adulterated, or contaminated by radioactivity;
c. Prevent the sale
or condemn
and destroy food and drinks if these are found unfit for human
consumption;
d. Seal and
prohibit the
use of devices, utensils, containers, vehicles,machines, piping and
appurtenances
if in his opinion the are unsanitary; and
e. Enforce the
provisions
of this Chapter and the rules and regulations promulgated by the
Secretary.
CHAPTER IV - MARKETS
AND ABATTOIRS
Sec. 34. Prescribed
Standards
of Construction - The construction of markets and abattoirs shall
conform
to standards prescribed by the Department. These standards shall be set
along the following guidelines:chanroblesvirtuallawlibrary1.
Suitability of
site insofar as elimination of nuisance condition and prevention
contamination
are contamination are concerned;2. Availability of
ample
water supply for cleaning;
3. Accessibility of
adequate
drainage facilities;
4. Durability of
construction
to protect vendors and customers from any hazard and exposure to the
elements;
and
5. Facilities for
sanitation
maintenance, such as cleaning and elimination of harborages of vermin.
Sec. 35.
Responsibility of
the Local Health Authority. -
a. On markets -
1. Make
periodic
inspections to ascertain the maintenance of adequate sanitary
conditions
of markets and their premises;2. Supervise and
control
the proper care and use of market stalls;
3. Prohibit the
construction
of living quarters within any market and its premises;
4. Enforce the ban
on construction
of partitions, sheds or booths within the market area.
b. On Abattoirs -1. Supervise
the
maintenance of adequate sanitation in abattoirs and their premises;2. Enforce the
requirements
on the examination of meat as provided in existing laws;
3. Permit the
slaughter of
animals for public consumption in other designated areas in certain
exigences,
provided public health is adequately protected;
4. Supervise the
sanitary
disposal of all abattoir wastes; and
5. Ensure that only
healthy
animals shall be slaughtered, and the method of slaughtering, the
techniques
of dressing and the storing, handling and transporting procedures are
in
accordance with prescribed standards.
Sec. 36. Responsibility
of
local governments and private operators. - Local government s and
private
operators in charge of public or private markets and abattoirs shall
employ
an adequate number of personnel to ensure their efficient operation and
hygienic maintenance. These employees shall be under the direct
supervision
of the local health authority.chanrobles virtualawlibrary
CHAPTER V. PUBLIC
LAUNDRY
Sec. 37. Sanitary
Permit.
- No public laundry shall operate without a sanitary permit from the
Secretary
or his duly authorized representative. As used in this Chapter, a
public
laundry is a laundry established and operated for commercial purposes,
open to the public, and not to an exclusive clientele.chanrobles virtualawlibrary
Sec. 38. General Requirements. - The construction
and operation of a public laundry shall be
governed
by the following requirements:chanroblesvirtuallawlibrary
a. Structural Requirements
-
1. the site
should
be distant from sources of nuisance.2. only durable
construction
materials shall be used.
3. Smooth and water
tight
materials shall be used for flooring.
4. All Work rooms
shall be
properly ventilated and provided with 10 foot -candles for lighting.
5. Adequate drying
facilities
shall be provided and articles for drying protected from sources of
contamination.
b. Sanitary Requirements
-1. Laundry
supplies
in both liquid and solid state shall be properly stored, prepared and
handled.
Containers of chemical shall be properly labeled.2. Employees shall
be provided
with potable drinking water, toilets and washing facilities.
3. Employees shall
be provided
with lockers for their working garments and street cloths.
4. The plant and
its premises
and equipment shall be maintained clean and sanitary at all times.
Sec. 39. Special
Requirements.
- The following requirements shall be enforced:chanroblesvirtuallawlibrary
a. All articles to be laundered
coming from hospitals and infected sources shall be treated by exposure
to a sufficient quantity of hot water detergents or by other effective
means of disinfection.
b. All linen, bed clothes,
pajamas, towels, bedsheets,pillow cases, etc, that have come in contact
with any form of radioactivity should be isolated in a certain area and
monitored by Radiation Safety personnel before sending these articles
for
laundry. If any amount of radioactive contamination is found, the
affected
article should be set aside and the radioactivity allowed to completely
decay before said article is sent for laundry.
c. All articles for delivery
to the laundry shall be kept in containers which shall be kept closed
until
the articles are removed at the laundry.
d. Laundry vehicles shall
be kept clean and sanitary at all times.
e. A separate room shall
be used solely for receiving, sorting, marking or handling unwashed
articles.
f. Diapers must be protected
from pathogenic organisms and from chemical substances which are
irritating
to the skin of the infant. Laundered diapers for delivery shall be
packed
in sealed sanitary containers.
CHAPTER VI - School
Sanitary
and Health Services
Sec. 40. Definition
of Terms.
- As used in this Chapter, the following terms shall mean:chanroblesvirtuallawlibrarya. School -
An institution
of learning which may be public, private or parochial.b. Special School -
A school
which utilizes cadavers,plants, animals, bacterial and viral cultures
for
studies and research.
c. Physical
Environments
- The school Plant, grounds and facilities.
d. Emotional
Environment
- Factors which affect the emotional health of students and members of
the faculty.
Sec. 41. The
Physical Environment.
- In the design and construction of the school plant, the following
factors
shall be considered:chanroblesvirtuallawlibrarya. Site -
Traffic
hazards are to be avoided but not to the point of sacrificing
accessibility
to public transportation. It shall be distant from sources of nuisances.b. Grounds - The
acreage
shall be large enough to permit playgrounds, athletic fields and school
gardens
c. Building -
Preferably
it shall be constructed of strong and durable materials and designed
along
functional lines. For the prevention of the fire hazards, the
requirements
of the local fire department shall be observed. Sufficient ventilation
shall be provided. Wall and ceiling finishes should be chosen so as to
give optimum lightning with minimum glare. Artificial lightning with
louvered
fluorescent or incandescent fixture shall be used to supply a minimum
lightning
of 25 foot-candles in the darkest corner. For flooring, suitable
materials
shall be used which will give maximum durability without creating a
slippery
surface.
d. Sanitary
Facilities -
the school population shall be provided with potable water, sewage and
waste disposal systems shall likewise conform to the requirements shall
prescribed in this Code.
Sec. 42. The
Emotional Environment.
- for the promotion of emotional health of the school population the
following
requirements shall be observed:chanroblesvirtuallawlibrarya. Suitable
Location
- the school site shall be located away from the disturbances and
places
which give undesirable influence.b. Recreational
Facilities
- The school must have safe and attractive playgrounds and adequate
facilities
for suitable sports and games.
c. Rest Rooms -
facilities
shall be provided where faculty members can rest and get short respite
from teaching chores.
Sec. 43. Health
Services. - Trained personnel and adequate facilities should be
available
so
that students may be afforded the following health services:chanroblesvirtuallawlibrarya. Periodic
physical
and medical examination;b. Periodic
immunization;
c. Medical and
dental treatment;
d. Treatment for
common emergencies;
and
e. Counseling and
guidance.
Sec. 44. Requirements
for
Special Schools. -
a. Cadavers shall be stored
in morgues and dissected in dissecting rooms, all which shall be
constructed
and maintained in accordance with standards prescribed by the
Department.
b. Poisonous or harmful plants
and animals shall be kept in adequate and secured areas.
c. Viral and bacterial culture
shall be kept in laboratories s under standard security laboratory
measures.
d. Schools utilizing radioactive
materials or sources for study or research should closely conform to
the
requirements and guidelines given by the Radiation Health Office and
Philippine
Atomic Energy Commission concerning radiation protection;
Sec. 45. Sanitary Requirements
for Operating an Industrial Establishment. - The following sanitary
requirements shall be applicable to industrial establishments:chanroblesvirtuallawlibrary
a. No
person, firm,
corporation, or entity shall operate any industrial establishment
without
first obtaining a sanitary permit from the Secretary or his duly
authorized
representatives.b. Industrial
establishments
shall be allowed to operate only in places or zones assigned for the
kind
of industry by existing zoning laws, ordinances, or policies. The local
health authority shall determine the suitability of location where no
zoning
law, ordinance or policy exists.
c. Adequate potable
water
supply shall be provided to employees.
d.Sewage disposal
shall be
by means of a municipal or city sewerage system whenever possible. If
no
municipal or city sewerage system exists it shall be done in accordance
with the provisions of this Code. Adequate and conveniently located
toilet
and bath facilities shall be provided for each sex.
e. All wastes
incident to
the operation of the industrial plant shall be collected, stored, or
disposed
of in a manner to prevent health hazards, nuisances, and pollution.
Where
a city or municipal collection and disposal system exists, it should be
maintained.
f. an abatement
program for
the control of vermin shall be maintained.
g. Adequate
restrooms and
mass halls shall be provided for employees.
h. All places of
employment
and all workrooms, including machinery and equipment, shall be kept
clean
and sanitary.
SEC. 46. Responsibility
of
the Secretary. - The Secretary shall:chanroblesvirtuallawlibrarya. Issue a
list
of maximum concentration of atmospheric contaminants as guide in
appraising
health hazards and in evaluating control measures. The term maximum
concentration
as used in this Chapter means the amount of atmospheric contaminant
which
can be tolerated by man for continuous daily exposure with no
impairment
of health or well-being either immediate or after a long period of
exposure.b. Review the
concentration
values at regular intervals to amend or alter the list where indicated.
c. Specify other
concentrations
of short intermittent duration capable of causing acute impairment of
health.
d. Require control
of other
contaminants known or believed to be capable of causing impairment of
health
but not included in the list already issued by the Department.
e. Prescribe
control measures
to eliminate transmission of infectious disease through processing or
handling
of industrial products or wastes.
f. Prescribe
illumination
standard values and order their review at regular intervals to alter to
which workers may be exposed while on their job.
g. Promulgate
measures to
effectively and adequately control any possible radioactivity to which
workers may be exposed while on their job.
h. Promulgate
control measures
to reduce noise pollution.
Sec. 47. Responsibilities
of the employer and employees. -
The
following are the responsibilities of the employer and employees in
industrial
establishments:chanroblesvirtuallawlibrary
a. Employer responsibility
-
1. Provide,
install
and maintain in good repair all control measures and protective
equipment;2. Inform affected
employees
regarding the nature of the hazards and the reasons for, and methods of
control measures and protective equipment;
3. Make periodical
testing
of the hearing of all employees in noisy areas of operation.
4. Adopt measures
so that
the noise produced is within allowable limits so as not to affect
neighboring
offices, buildings or establishments;
5. Request the
Department
a permit for variation from the requirements when other means of
equivalent
protection are provided: and
6. Provide personal
protective
equipment and or protective barriers when they are necessary.
b. Employee
responsibility -1. Observe
strictly
protective control measures which are prescribed; and2. Use equipment
provided
them properly.
Sec. 48. Environmental
provisions.
- The environmental provisions enumerated hereunder for the protection
of the health workers are applicable to all industrial establishments:chanroblesvirtuallawlibrary
a. Control of atmospheric
contaminants -
1. Workers
shall
not be exposed to atmospheric contaminants hazardous to health.2. Control of
atmospheric
contaminants shall be accomplish by methods approved by the Secretary
or
his duly authorized representatives or other government authority.
b. Control of infectious
agents
-1. Control
measures
shall be provided to eliminate or control transmission of infectious
diseases
through processing or handling of industrial products or wastes.
c. Control of possible
sources
of radiation of radiation hazards should be carried out under the
supervision
of the Radiation Health Officer or his authorized representative.chanrobles virtualawlibrary
d. Noise - Control measures
shall be provided to reduce intensity of noise sufficiently to render
it
harmless to workers and to eliminate it at its source as a nuisance by
following recommendations of the local health or other government
authority.
e. Illumination -
1. Adequate
lightning
shall be provided and distributed in all word areas in amount required
for the type of work or seeing tasks measured by a light -meter with a
minimum of glare and contrasting intensities between work and workroom.2. Where the
specific task
requires more light than provided by general illumination,
supplementary
lighting shall be supplied
f. Ventilation -1. Natural
or artificial
ventilation shall be provided in all work areas at a rate to insure a
safe
and healthful working atmosphere, free from injurious amounts of toxic
materials and reasonably free from offensive odours and dust throughout
the establishment.2. Proper control
measures
shall be used to reduce concentration of toxic contaminants to
allowable
limits.
3. Air inlets shall
be arranged,
located and equipped to insure sufficient air velocity and an exhaust
system
shall be located so that discharged materials shall not reenter places
of employment or habitations nor create any hazard of nuisance.
Sec. 49. Personal
Protective
Equipment. - The following requirements shall be applicable for
personal
protective equipment:chanroblesvirtuallawlibrary
a. Personal protective equipment
and or protective barriers shall be provided whenever substances,
radiations
or mechanical irritants are encountered in a manner capable of causing
any pathological change or injury or impairment in functions of any
part
of the body through skin and or mucous membrane absorption.
b. Personal protection equipment
which shall include respiratory protectors and other accessories shall
be fitted to each exposed worker when necessary.
c. X-ray film badges or pocket
desimeters should be worn by workers who, during their course of work
are
unavoidably exposed to even a small amount of radiation.
d. Supervisors and employees
shall familiarize themselves with the use,proper sanitary care and
storage
of this equipment.
Sec.50. Health Services.
- Medical services shall be provided to all employees in accordance
with
existing laws and the rules and regulations prescribed by the
Department.
CHAPTER VIII -
Public Swimming
or Bathing Places
Sec. 51. Sanitary
Permits.
- No public swimming and bathing places shall be operated for public
use
without a sanitary permit issued by the Secretary or his duly
authorized
representative.chanrobles virtualawlibrary
Sec. 52. Protection of
Customers. - To protect the health and safety of persons who use
them,
the Department shall promulgate:chanroblesvirtuallawlibrary
a. Rules and regulations
concerning:chanroblesvirtuallawlibrary
1. Correct
sanitary
practices for persons swimming or bathing to prevent the transmission
of
communicable diseases:chanroblesvirtuallawlibrary2. Correct sanitary
procedures
for personnel working in those places to maintain their adequate
sanitation
and cleanliness of accessories used by customers.
3. Adequate number
of trained
personnel and necessary equipment needed for life-saving and rescue
work.
4. Post conspicuous
signs
to warn the public of the presence of artificial or natural hazards; and
b. Standards and
criteria concerning:chanroblesvirtuallawlibrary1. Sanitary
structural
requisites for swimming pools and bath houses to prevent pollution of
their
waters and to facilitate sanitation maintenance;2. Sanitary
structural standards
for appurtenances, such as toilets, shower baths and dressing rooms to
eliminate the risk of infection;
3. Methods of
determining
the sanitary quality of water, particularly that which is used in
swimming
pools; and
4. Criteria to be
used in
the limitation of swimming or bathing loads of swimming pools in
accordance
with the type of water treatment applied.
Sec. 53. Responsibility
of
the Local Health Authority. - The local health authority concerned
shall:chanroblesvirtuallawlibrary
a. Inspect the state of sanitation
of public swimming or bathing places;
b. Ascertain if their personnel
are examined regularly for the presence of any infections or contagious
disease;
c. Enforce rules and regulation
of the Department under this Chapter; and
d. Recommend to the Department
the revocation of their permits when it is deemed necessary for the
protection
public health.
CHAPTER IX - Rest
Areas, Bus
Terminals, Bus Stops and Service Stations
Sec. 54. Rest areas, bus
terminals,
bus stops and service station areas with one or more permanent sheds,
buildings
and service facilities for the convenience and personal necessities of
the traveling public.chanrobles virtualawlibrary
a. Rest areas, bus terminals,
bus stops and service stations shall be established with ample area to
prevent overcrowding of motor vehicles and travelers.
b. They shall be provided
with adequate ventilation and lighting and away from sources of
nuisance.
c. Safe and adequate water
supply shall be provided in accordance with the provisions of Chapter
II
of this Code.
d. Excreta and sewage collection
and disposal shall be provided in accordance with the provisions of
Chapter
XVII of this Code.'
e. Refuse collection and
disposal shall be in accordance with the provisions of Chapter XVIII of
this Code.
f. Comfort rooms - Adequate
number of comfort rooms shall be provided as well as auxiliary
facilities
therein in accordance with the provisions on Chapter XVII of this Code.
g. Waiting sheds for computers
shall be of adequate size to comfortably accommodate a minimum of
thirty
(30) persons. Floors shall be of smooth concrete finish and adequate
sitting
facilities provided for
h. Sale of foodstuffs in
those establishments shall be done in conformity with the provisions of
Chapter III of this Code.
CHAPTER X - Camps
and Picnic
Grounds
Sec. 55. No camps and
picnic
grounds shall be open for public patronage without a sanitary permit
issued
by Secretary or his duly authorized representative.chanrobles virtualawlibrary
a. Camps and picnic ground
sites shall not be subject to flooding, must be well drained, distant
from
any source of nuisance and will not endanger sources of any public
water
supply.
b. Camp and picnic houses
shall be provided with adequate lightning and ventilation. Where tents
are used flooring shall be at least 4 inches above the ground.
c. Adequate and safe drinking
water shall be available at all times in accordance with the provisions
of Chapter II of this Code.
d. Adequate number of sanitary
facilities shall be provided.
e. Sewage disposal shall
be in accordance with the provisions on Chapter III of this Code.
f. The Storage, preparation
and serving food shall be in accordance with Chapter III of this Code.
g. Refuse cans shall be provided
at strategic points in the ground area provided with tight fitting
cover.
A regular collection service shall be maintained. Refuse disposal shall
be in accordance with the provisions of Chapter XVIII of this Code.
h. Camps and picnic grounds
shall at all times be maintained clean, free from litter and
accumulated
rubbish.
i. A program on Vermin Control
shall be made in accordance with Chapter XVI of this Code.
CHAPTER XI - Dancing
Schools,
Dance Halls and Night Clubs
Sec. 56. General
Provisions.
- The following provisions are applicable to dancing schools, dance
halls
and night clubs:chanroblesvirtuallawlibrarya. These
establishments
shall be operated and opened for public patronage only when a sanitary
permit is issued by the local health authority.b. These
establishments and
their premises shall be kept clean and sanitary at all times.
c. Patrons shall be
provided
with adequate potable water and toilet facilities in accordance with
standards
prescribed in this Code.
d. There shall be
no private
rooms or separate compartments for public use except those used for
lavatories,
dressing rooms, bars and kitchens.
Sec. 57. Special
Provisions.
- The following provisions are applicable in cases herein specified:chanroblesvirtuallawlibrary
a. For dancing schools -
No person
shall
be employed as a dancing instructor or instructress without securing a
health certificate from the local health authority.
b. For dance halls and
night
clubs -1. No person
shall
be employed as hostess or cook or bartender or waiter without first
securing
a health certificate from the local health authority.2. The storage,
preparation
and serving of food and drinks shall be in accordance with the
provisions
prescribed in Chapter III of this Code.
CHAPTER XII -
Tonsorial and
Beauty Establishments
Sec. 58. Definition
of Terms.
- As used in this Chapter, the term"Tonsorial and Beauty
Establishments"
include barber shops, beauty parlors, hairdressing and manicuring
establishments
and figure slenderizing salons.chanrobles virtualawlibrary
a. Requirements - These establishments
are subject to the following requirements:chanroblesvirtuallawlibrary
1. Sanitary
permit
shall be produced from the local health authority before their
operation.2. They shall be
maintained
clean and sanitary at all times.
3. No person shall
be employed
to service customers without a health certificate issued by the local
health
authority.
b. Correct Sanitary
Practices
- the following sanitary practices shall be observed.1. Working
personnel
shall wash their hands with soap and water before servicing customers.2. They shall wear
clean
working garments.
3. They shall not
smoke nor
eat while working.
4. Implements of
their trade
shall be cleaned and disinfected before and after their use.
5. Customers shall
be supplied
with clean and fresh towels, drapes and other linen necessary.
6. Precautionary
measures
to prevent disease transmission shall be observed when serving
customers
showing any form of dermatoses.
CHAPTER XIII -
Massage Clinics
and Sauna Bath Establishments
Sec. 59. Definition
of Terms.
- As used in this Chapter the following terms shall mean:chanroblesvirtuallawlibrary
a. Message - A method wherein
the superficial soft t parts of the body are rubbed or stroked or
kneaded
for remedial or aesthetic or hygienic purposes.
b. Message Clinic - An establishment
where message is administered to customers.
c. Masscur - A trained person
duly licensed by the Secretary of his authorized representative to
perform
massage and to supervise massage clinic attendants.
d. Massage Clinic Attendant
- A trained person duly permitted by the Secretary or his authorized
representative
to massage customers under the guidance and supervision of a masseur.
e.Sauna Bath Establishment
- An establishment where customers are exposed to steam which is
generated
by sprinkling water on hot stones or by some other means.
f. Sauna Bath attendant -
A person Who applies the proper technique of giving steam bath to
customers.
Sec. 60. Sanitary Permit.
- No person or entity shall operate a massage clinic and or a sauna
bath
establishment without fist securing a sanitary permit from the local
health
authority.
Sec. 61. Sanitary Requirement.
- The following requirement s shall be enforced:chanroblesvirtuallawlibrary
a. Massage Clinic -
1. The
reception
and office rooms shall be properly lighted and ventilated.2. Every massage
room shall
be adequately ventilated, provided with a sliding curtain at the
entrance
and the with a suitable and clean massage table
3. Sanitary and
adequate
hand washing, bath and toilet facilities shall be available
4. Customers shall
be provided
with soap, clean towels, sanitized rubber or plastic slippers.The
y shall be required to take a thorough bath before massage.
5. Masseur and
masseur attendant
shall wash their hands with soap and water before and after massaging a
customer.
6. the
establishment and
its premises shall be maintained clean and sanitary at all times.
b. Sauna Bath
Establishment
-1. The
reception
and office rooms shall be properly lighted and adequately ventilated.2. The sauna bath
room shall
be properly lighted, provided with thermometers, and maintained clean
and
sanitary at all times.
3. Sanitary and
adequate
hand washing, bath and toilet facilities shall be available.
4. Customers shall
be provided
with soap, clean towels and sanitized rubber or plastic slippers.
Sec. 62. Personnel.
-
The following requirements shall be enforced:chanroblesvirtuallawlibrary
a. Masseur -
1. The
person must
have a certificate as a registered masseur, issued by the Committee on
Examiners for Masseur of the Department.
b. He must possess an
up-to-date
health certificate issued by the local health authority to include VD
clearance
secured from any government clinic or hospital.1. The
person must
wear a clean working garment when attending to customers.
c. Sauna Bath Attendant -1. Attendant
must
possess an up-to- date health certificate issued by the local health
authority.2. The person must
wear a
clean working garment when attending to customers.
CHAPTER XIV -
Hotels, Motels
and Apartments, Lodging, Boarding, or Tenement Houses, and Condominiums.
Sec. 63. Definition
of Terms.
- As used in this Chapter, the following terms shall mean:chanroblesvirtuallawlibrary
a. Hotel - A building where
transient guests are received and are supplied with and charged for
meals,
lodging and other services.
b. Motel - A roadside hotel
for motorists, usually consisting of private cabins.
c. Boarding House- A building
where selected persons for fixed periods of time are supplied with, and
charged for sleeping accommodations and meals.
d. Lodging House - A building
where persons are supplied with and charged for sleeping
accomodotations
only.
e. Tenement House - A building
or portion thereof which is leased or sold to an occupant as residence
by four or more families doing their cooking within the premises but
living
independently of one another although having a common right in the use
of halls, stairways, terraces, verandas, toilets and baths.
f. Apartment House - A building
containing a number of separate residential suites.
g. Condominium - A building
with one or more storeys composed of multi-unit residential suites
under
joint ownership of occupants each unit provided with complete sanitary
facilities, utilities and other amenities.
h. Establishments - A collective
term construed to include terms (a) to (g).
Sec. 64. General Provisions.
- The following are required for the establishments defined in the
preceding
Section:chanroblesvirtuallawlibrary
a. No establishment shall
be operated and opened for public patronage without a sanitary permit
issued
by the Secretary or his duly authorized representative.
b. Any extension or additional
construction in an establishment shall require a sanitary permit before
it could be operated.
c. All establishment shall
provide their patrons with adequate water supply, toilet and bath
facilities
in accordance with standards prescribed in this Code.
d. Establishments and their
premises shall be kept clean and sanitary at all times.
e. Periodic insect and vermin
control measures shall be undertaken to eradicate vectors of diseases.
f. Animals, fowls and pets
shall be housed in appropriate kennels or cages separate from living
quarters.
g. No person shall be employed
in establishments without first procuring a health certificate from the
local health authority,
Sec. 65. Special Provisions.
- The following provisions are applicable.
a. Hotels and Motels -
1. The
storage,
preparation and serving of food to customers shall be in accordance
with
the standards prescribed in Chapter III of this Code.2. Customers shall
be provided
with clean linen such as bedsheets, pillow cases, towels and napkins.
3. When rooms or
cabin are
vacated, their toilets or baths shall sanitized and clean and fresh
linen
shall be provided before the room or cabin is rented for occupancy.
b. Condominium - the
following
conditions are applicable:chanroblesvirtuallawlibrary1. the
choice for
sites should consider availability of bus and taxi transportation
services.2. Nearness to
place of work,
schools,police stations and clinics.
3. Availability of
low-cost
goods.
4. Parking
facilities and
playgrounds for children.
5. Facilities for
refuse
disposal and cleanliness of buildings, and
6. Efficiency of
lifts.
CHAPTER XV - Port,
Airport,
Vessel and Aircraft Sanitation
Sec. 66. Port and
Airport
Sanitation. - In ports and airports, the following sanitary
requirements
shall be applied:chanroblesvirtuallawlibrary
a. Every port and airport
shall be provided with potable drinking water and wholesome food
supplied
from sources approved by the Secretary or his duly authorized
representative.
b. The drinking water and
food shall be stored and handled in a manner to ensure their protection
against contamination. The local health authority shall conduct
periodic
inspections of equipment, installations and premises, and collect
regularly
samples of water and food for laboratory examination to determine if
they
are fit for human consumption.
c. There shall be available
to as many ports and airports as practicable organized medical and
health
services with adequate staff, equipment and facilities for the prompt
isolation
and care of infected persons, disinfection, disinfecting, deratting,
laboratory
examination of rodents for plague infection, collection of water and
food
samples for examination.
d. the local health authority
for each port and airport shall take all practicable measures to keep
port
and airport installation free of rodents.
e. In ports and airports
of entry, facilities shall be provided for immunizations required in
international
travel.
f. Every port of entry and
the area within the perimeter of an airport of entry shall be kept free
from mosquito vectors of yellow fever, malaria and other diseases of
epideniological
significance.
Sec. 67. Bessel Sanitation.
- For the purpose of this Section, the provisions of Art.II of the
Quarantine
Regulations promulgated under Section 5 of Republic Act No. 123 shall
be
applied and enforced.
Sec. 68. Aircraft Sanitation.
- For the purpose of this Section, the requirements in the Guide to
Hygiene
and Sanitation in Aviation of the World Health Organization are adopted
as part of this code.
CHAPTER XVI - Vermin
Control
Sec. 69. Definition
of Terms.
- As used in this Chapter, the following terms shall mean:chanroblesvirtuallawlibrary
a. Place - Land, building,
residence, pier, watercraft, aircraft or any means of conveyance.
b. Vermin - A group of insects
or small animals such as flies, mosquitoes, cockroaches, fleas, lice,
bedbugs,
mice and rats which are vectors of diseases.
Sec. 70. General Requirements.
-
a. A vermin abatement program
shall be maintained in places by their owners, operators or
administrators.
If they fail, neglect or refuse to maintain a vermin abatement program,
the local health agency will undertake the work at their expense.
b. Vermin control in public
places shall be the responsibility of the provincial, city or municipal
governments which have jurisdiction over them.
c. The procedure and frequency
of vermin abatement program shall be determined and approved by the
local
health authority.
CHAPTER XVII -
Sewage Collection
and Disposal, Excreta Disposal and Drainage.
Sec. 71. Definition
of Terms.
- As used in this chapter the following terms shall mean:chanroblesvirtuallawlibrary
a. Public sewerage system
- A system serving twenty five persons or more.
b. Septic tank - A water
tight receptacle which receives the discharge of a plumbing system or
part
thereof, and is designed to accomplish the partial removal and
digestion
of the suspended solid matter in the sewage through a period of
detention.
Its construction shall be in accordance with specifications prescribed
in this Chapter.
c. House sewer - The pipe
line conveying sewage from the house or building to the septic tank or
to any point of discharge.
d. Septic tank absorption
bed or drain field - an underground system or pipes leading from the
outlet
of the septic tank, consisting of open jointed or perforated pipes so
distributed
that the effluent from a septic tank is exidized and absorbed by the
soil.
e. Effective capacity of
a septic tank - The actual liquid capacity of a septic tank as
contained
below the liquid level line of the tank.
f. Effective depth of a septic
tank - The actual liquid depth of a septic tank as measured from the
inside
bottom of the septic tank to the liquid level line.
g. Freeboard or air space
of a septic tank - The distance as measured from the liquid level line
to the inside top of the septic tank.
h. Distribution box - A small
concrete receptacle between the septic tank and the drain field from
which
lines of drain tile extends and which acts as surge tank to distribute
the flow of sewage equally to each line of drain tile.
i. Approved
excreta
disposal facilities shall mean any of the following:chanroblesvirtuallawlibrary1. Flush toilets
properly
connected to a community sewer;
2. Flush toilets
connected
to a septic tank constructed in accordance with this Chapter:chanroblesvirtuallawlibrary
3. any approved
type pit
privy built in accordance with this Chapter;and
4. Any disposal
device approved
by the Secretary or his duly authorized representative.
j. Privy - A structure
which
id not connected to a sewerage system and is used for the reception,
disposition
and storage of feces or other excreta from the human body.chanrobles virtualawlibrary
k.Septic privy where the
fecal matter is placed in a septic tank containing water and connected
to a drain field but which is not served by a water supply under
pressure.
l. Box and can privy - A
privy where fecal matter is deposited in a can bucket which is removed
for emptying and cleaning.
m. Concrete vault privy -
A pit privy with the pit lined with concrete in such manner as to make
it water tight.
n. Chemical privy - A privy
where fecal matter is deposited into a tank containing a caustic
chemical
solution to prevent septic action while the organic matter is
decomposed.
Sec. 72. Scope of Supervision
of the Department. - The
approval of the Secretary or his duly authorized representative is
required
in the following matters:chanroblesvirtuallawlibrary
a. Construction of any approved
type of toilet for every house including community toilet which may be
allowed for a group of small houses of light materials or temporary in
nature;
b. Plans of individual sewage
disposal system and the sub-surface absorption system, or other
treatment
device;
c. Location of any toilet
or sewage disposal system in relation to a source of water supply;
d. Plans, design data and
specifications of a new or existing sewerage system or sewage treatment
plant;
e. The discharge of untreated
effluent of septic tanks and or sewage treatment plants to bodies of
water;
f. Manufacture of septic
tanks; and
g. Method of disposal of
sludge from septic tanks or other treatment plants.
Sec. 73. Operation of
Sewage Treatment Works. - Private or public sewerage systems shall:chanroblesvirtuallawlibrary
a. Provide
laboratory
facilities for control tests and other examinations needed;b. Forward to the
local health
authority in case of breakdown or improper functioning of the sewage
treatment
works;
c. Inform the local
health
authority in case of breakdown or improper functioning
of the sewage
treatment
work; and
d. Provide for the
treatment
of all sewage entering the treatment plant.
Sec. 74. Requirements
in
the operation of Sewerage Works and Sewage Treatment Plants. - The
following are required for sewerage works and sewage treatment plants:chanroblesvirtuallawlibrary
a. All houses covered by
the system shall be connected to the sewer in areas where a sewerage
system
is available.
b. Outfalls discharging effluent
from a treatment plant shall be carried to the channel of the steam or
to deep water where the outlet is discharged.
c. Storm water shall discharged
to a storm sewer, sanitary sewage shall be discharged to a sewerage
only;
but this should not prevent the installation of a combined system.
d. Properly designed grease
traps shall be provided for sewers from restaurants or other
establishments
where the sewerage carries a large amount of grease.
Sec. 75. Septic Tanks.
- Where a public sewerage system is not available, sewer outfalls from
residences, schools, and other building s shall discharged into a
septic
tank to be constructed in accordance with the following minimum
requirements:chanroblesvirtuallawlibrary
a. It shall
be generally
rectangular in shape. When a number of compartments are used, the first
compartment shall have the capacity from one-half to two-thirds of the
total volume of the tank.b. It shall be
built of concrete,
whether pre-cast or poured in place. Brick,concrete blocks or adobe may
be used.
c. It shall not be
constructed
under any building and within 25 meters from any source of water supply.
SEC.76. Disposal of
Septic
Tank Effluent.- The effluent from septic tanks shall be discharged
into a subsurfaced soil, absorption field where applicable or shall be
treated with some type of a purification device. The treated effluent
may
be discharged into a stream or body of water if it conforms to the
quality
standards prescribe by the National Water and Air Pollution Control
Commission.chanrobles virtualawlibrary
SEC. 77. Determination
of Septic Tanks Capacity. - The septic tank capacity may be
determined
from the estimated unit flow contained in Table I "Quantities of Sewage
Flow", based on adequate detention time interval resulting in efficient
sedimentation. Daily flow from mattered results, may be used as
estimated
flow when available. For edifices with occupants, the number of persons
to be served shall be computed on the number of rooms with each room
considered
as occupied by two persons or in the basis of the actual number of
persons
served by the tank, whichever is greater.
Sec. 78. Sanitary Privies.
- The privy recommended for use is the sanitary privy. It shall conform
with the following minimum requirements:chanroblesvirtuallawlibrary
a. It shall
consist
of an earthen pit, a floor covering the pit, and a water -sealed bowl.
It shall be so constructed in order that fecal matter and urine will be
deposited into the earthen pit which shall be completely fly-proof.b. The pit shall be
at least
one meter square.
c.The floor should
cover
the pit tightly to prevent the entrance of flies. It shall be
constructed
of concrete or other impervious material.
d. The water-sealed
bowl
shall be joined to the floor so as to form a water-tight and insect
proof
joint.
e.A suitable
building, shall
be constructed to provide comfort and privacy for the users of the
privy.
f. Wooden floors
and seat
risers shall not be used.
Sec. 79. Drainage. - a.
Responsibility of cities and municipalities - It shall be the
responsibility
of all cities and municipalities to provide and maintain in a sanitary
state and in good repair a satisfactory system of drainage in all
inhabited
areas where waste water from buildings and premises could empty without
causing nuisance to the community and danger to public health.chanrobles virtualawlibrary
b. Connection to the municipal
drainage system- Building or premises producing wastes water shall be
connected
to the municipal drainage system in all areas where it exists.
Sec. 80. Special Precaution
for Radioactive Excreta and Urine of Hospitalized Patient. -
a. Patients given high doses
of radioactive isotope for therapy should be given toilet facilities
separate
from those use by "non-radioactive" patients.
b. Radioactive patients should
be instructed to use the same toilet bowl at all times and to flush it
at least 3 times after its use.
CHAPTER XVIII -
Refuse Disposal
Sec. 81. Definition
of Terms.
- As used in this chapter, refuse is an inclusive term for all solid
waste
products consisting of garbage, rubbish, ashes, night soil, manure,
dead
animals, street sweepings and industrial wastes.chanrobles virtualawlibrary
Sec. 82. Responsibility
of Cities and Municipalities. - Cities and municipalities shall
provide
an adequate and efficient system of collecting, transporting and
disposing
refuse in their areas of jurisdiction in a manner approved by the local
health authority.
Sec. 83. Additional Requirements. -
a. Occupants of buildings
and residences shall, provide a sufficient number of receptacles for
refuse.
Refuse in receptacles shall be protected against vermin and other
animals.
b. Refuse shall be disposed
through a municipal collection service. If this service is not
available,
disposal shall be by incineration, burying, sanitary landfill or any
method
approved by the local health authority.
c. Refuse shall not be thrown
i any street, sidewalk, yard, park or any body of water. It shall be
stored
suitable container while awaiting its final disposal.
d. Streets shall be kept
clean by occupants or owners of properties lining the street from the
line
of the property to the middle of the street and from one property to
the
other.'
e. Parks, plazas and streets
adjacent to public buildings shall be kept clean by the local
government
concerned.
CHAPTER XIX -
Nuisances and
Offensive Trades and Occupations
Sec. 84. Nuisances
and Offensive
Trades and Occupations. -
a. Nuisance - Anything that
injures health, endangers life, offends the senses or produces
discomfort
to the community.
b. Offensive trades or occupations
- These are the following:chanroblesvirtuallawlibrary
1. Soap
boiling2. Guts cleaning
3. Boiling of
offal, bones,
fat or lard;
Permissible if
process is
performed in a public slaughter house under prescribed regulations.
4. Manufacturing or
glue
or fertilizer;
5. Skin Curing
6. Scrap processing
7. Manure storing
8. Lime burning
9. Lye making; and
10. Any
manufacturing process
in which lead, arsenic, mercury, phosphorous, or other poisonous
substance
is used.
Sec. 85. Types of
Nuisances.
- For the purpose of this Chapter, the following shall be considered
nuisances:chanroblesvirtuallawlibrarya. Public or
private
premises maintained and used in a manner injurious to health;b. Breeding places
and harborages
of vermin;
c. Animals and
their carcasses
which are injurious to health;
d. Accumulation of
refuse;
e. Noxious matter
or waste
water discharged improperly in streets;
f. Animals stockage
maintained
in a manner injurious to health;
g. Excessive noise;
and
h. Illegal shanties
in public
or private properties.
The use of such
chemicals permissible
in the practice of pharmacy and in printing where ready made lead types
are used.chanrobles virtualawlibrary
Sec. 86. Responsibilities
of Owners, managers or Operators. - The owners, managers or
operators
of establishments shall:chanroblesvirtuallawlibrary
a. Secure a sanitary permit
from the local health authority before establishing and operating their
business or trade;
b. Remove daily all injurious
by-products and wastes;
c. Prevent the escape of
industrial impurities and adopt methods to render them innocuous;
d. Maintain working establishments
and their premises clean and sanitary at all times;
e. Store all materials properly
to prevent emission of noxious or injurious effluvia.
CHAPTER XX -
Pollution of the
Environment
Sec. 87. General
Provisions.
- For the purpose of this Chapter, the provisions of Republic Act No.
3931,
the rules and regulations of the National Water and Air Pollution
Control
Commission promulgated in accordance with the provisions of Section 6
(a)
2 of the said Act, the provisions of Presidential Decree No. 430 and
the
rules and regulations of the Radiation Health Office of the Department
of Health shall be applied and enforced.chanrobles virtualawlibrary
Sec. 88. Authority of
the Secretary. - The Secretary is authorized to promulgate rules
and
regulations for the control and prevention of the following types of
pollution:chanroblesvirtuallawlibrary
a. Pollution
of
pesticides and heavy metals;b. Pollution of
food caused
by chemicals, biological agents, radioactive materials, and excessive
or
improper use of food additives;
c. Non-ionizing
radiation
caused by electronic products such as laser beams or microwaves;
d. Noise pollution
caused
by industry, land and air transports and building construction;
e. Biological
pollutants
including the causative agents of intestinal infections;
f. Pollution of
agricultural
products through the use of chemical fertilizers and plant pesticides
containing
toxic chemical substances and unsanitary agricultural practices; and
g. Any other type
of pollution
which is not covered by the provisions of Republic Act 3931, the rules
and regulations of the National Water and Air Pollution Control
Commission,
the provisions of Presidential Decree No. 480 and the rules and
regulations
of the Radiation Health Office of the Department of Health which is
likely
to affect community Health adversely.
CHAPTER XXI -
Disposal of Dead
Persons
Sec. 89. Definition.
- As used in this Chapter, the following terms shall mean:chanroblesvirtuallawlibrarya. Burial
grounds
- cemetery, memorial park of any place duly authorized by law for
permanent
disposal of the dead.b. Embalming -
preparing,
disinfecting, and preserving a dead body for its final disposal.
c. Embalmer - a
person who
practices embalming.
d. Undertaking -
the care,
transport and disposal of the body of deceased person by any means
other
than embalming.
e. Undertaker -
Person who
practice undertaking
f. Funeral
establishment
- any place used in the preparation and care of the body of a deceased
person for burial.
g. Remains - the
body of
a dead person
h.Burial-
Internment of remains
in a grave, tomb or in the sea.
i.Disinterment -
the removal
or exhumation of remains from places of interment.
Sec. 90. Burial
Grounds Requirements. - The following requirements shall be
applied and enforced:chanroblesvirtuallawlibrarya. It shall
be unlawful
for any person to bury remains in places other than those legally
authorized
in conformity with the provisions of this Chapter.b. A burial ground
shall
at least be 25 meters distant from any dwelling house and no house
shall
be constructed with in the same distance from any burial ground.
c. No burial ground
shall
be located within 50 meters from either side of a river or within 50
meters
from any source of water supply.
Sec. 91. Burial
Requirements.
- The burial of remains is subject to the following requirements:chanroblesvirtuallawlibrarya. No
remains shall
be buried without a death certificate. This certificate shall be issued
by the attending physician. If there has been no physician in
attendance,
it shall be issued by the mayor, the secretary of the municipal board,
or a councilor of the municipality where the death occured. The death
certificate
shall be forwarded to the local civil register within 48 hours after
death.b. Shipment of
remains abroad
shall governed by the rules and regulations of the Bureau of Quarantine.
c. Graves where
remains are
buried shall be at least one and one-half meters deep and filed well
and
firmly.
d. The cost of
burial of
a dead person shall be borne by the nearest skin. If the kin is not
financially
capable of defraying the expenses or if the deceased had no kin, the
cost
shall be borne by the city or municipal government.
e. The burial of
remains
in city or municipal burial grounds shall not be prohibited on account
of race, nationality, regional or political persuasion.
f. If the person
who issues
a death certificate has reasons to believe or suspect that the cause of
death was due to violence or crime, he shall notify immediately the
local
authorities concerned. In this case the deceased shall not be buried
until
a permission is obtained from the provincial or city fiscal. If these
officials
are not available the permission shall be obtained from any government
official authorized by law.
g. Except when
required by
legal investigation or when permitted by the local health authority, no
unembalmed remains shall unburied longer than 48 hours after death.
h. When the coast
of death
is a dangerous communicable disease, the remain shall be buried within
12 hours after death. They shall not be taken to any place of public
assembly.
Only the adult members of the family of the deceased may be permitted
to
attend the funeral.
SEC. 92. Disinterment
Requirements.
- Disinterment of remains is subject to the following requirements:chanroblesvirtuallawlibrarya.
Permission to
disinter remains of persons who died of non-dangerous communicable
diseases
may be granted after a burial period of three years.b. Permission to
disinter
remains of person who died of dangerous communicable
diseases may be
granted after
a burial period of five years.
c. Disinterment of
remains
covered in paragraphs "a" and "b" of this Section may be
permitted within a
shorter
time than that prescribed in special cases, subject to the approval of
the Regional Director concerned of his duly authorized representative.
d. In all cases of
disinterment,
the remains shall be disinfected and places in a durable and sealed
container
prior to their final disposal.
SEC. 93. Funeral and
Embalming
Establishments. - These establishments are subject to the following
requirements:chanroblesvirtuallawlibrary
a. Scope of inclusion - For
the purposes of this Section, requirements prescribed
herein shall be applied
and
enforced to funeral chapels, embalming establishments and morgues.
b. Sanitary permit - No establishment
mentioned in the preceding paragraph shall be
operated without a sanitary
permit issued by the Secretary or his duly authorized representative.
This
permit shall be revoked in case of any violation of the provision
of this chapter and the rules
and regulations promulgated by the Secretary.
c. Classification - Funeral
establishment shall be classified in three (3) categories which are
described
as follows:chanroblesvirtuallawlibrary
1. Category
I -
Establishments with chapel, and embalming facilities and offering
funeral
services.2. Category II -
Establishments
with chapels and offering funeral services but without embalming
facilities.
3. category III -
Establishments
offering only funeral services from the house of the deceased to the
burial
ground.
d. Sanitary requirements
for
funeral chapels- the requirements prescribed for places of public
assembly
in this Code shall be applied.chanrobles virtualawlibrary
For embalming and dressing
rooms -
1. They
should be
constructed of concrete or semi-concrete materials with sufficient
space
to accommodate five bodies at one time.2. The floors and
walls shall
be made of concrete or other durable impervious materials.
3. ventilation and
lighting
should be adequately provided.
4. Embalming shall
be performed
on a table made of a single marble slab or other
equally impervious
materials.
It shall be so constructed that all washings and body fluids shall flow
to a drain connected to the waste piping system of the building.
5. Embalming and
assistants
shall use rubber gloves when working.
6. Washing
facilities with
soaps, detergents and germicidal solutions shall be provided for use of
the working personnel.
SEC. 94. Licensing
and Registration
Procedures. - the licensing and registration of undertakers and
embalmers
are subject to the following requirements:chanroblesvirtuallawlibrary
a. Issuance of license to
practice -
1. Any
person who
desires to practice undertaking or embalming shall be licensed to
practice
only after passing examination conducted by the Department.2. Licensed
undertakers or
embalmers shall practice undertaking or embalming in accordance with
requirements
prescribed by the Departments.
3. Licensed
undertakers or
embalmers shall display their licenses conspicuously in the
establishments
where they work.
b. Issuance of
certificates
or registration -1. An
undertaker
or embalmer shall apply annually for a registration certificates and
pay
an annul registration fee of twenty-five pesos to the Regional Health
Office
concerned.2. The first
registration
certificate issued shall cover the period from the date of issuance to
the last day of the current year. Subsequent certificate shall expire
December 31 of the
year.
3. Certificates of
registration
shall be posed conspicuously in establishments concerned.
c. Exemption -
Government and
private physicians may perform embalming without license and
registration
certificates as exigencies require.chanrobles virtualawlibrary
Sec. 95. Autopsy and Dissection
of Remains. - The autopsy and dissection of remains are subject to
the following requirements:chanroblesvirtuallawlibrary
a. Person authorized to perform
these are:chanroblesvirtuallawlibrary
1. Health
officers;2. Medical officers
of law
enforcement agencies; and
3. Members of the
medical
staff of accredited hospitals.
b. Autopsies shall be
performed
in the following cases:chanroblesvirtuallawlibrary1. Whenever
required
by special laws;2. Upon orders of a
competent
court, a mayor and a provincial or city fiscal;
3. Upon written
request of
police authorities;
4. Whenever the
Solicitor
General, provincial or city fiscal as authorized by existing laws,
shall
deem it necessary disinter and take possession of remains for
examination
to determine the cause of death; and
5. Whenever the
nearest kin
shall request in writing the authorities concerned to ascertain the
cause
of death.
c. Autopsies may be
performed
on patients who die in accredited hospitals subject to the following
requirements:chanroblesvirtuallawlibrary1. The
Director
of the hospital shall notify the next of kin of the death of the
deceased
and request permission to perform an autopsy;2. Administer city
or municipal
cemeteries;
3. Issue permits to
inter,
disinter or transfer remains;
4. Apply prescribed
measures
when cause of death is due to a dangerous communicable disease;
5. Keep records of
death
occurring within his area of jurisdiction; and
6. Authorize the
delivery
of unclaimed remains to medical schools and scientific institutions for
purposes specified in this Chapter and in accordance with the rules and
regulations of the Department.
Sec. 101. Responsibility
of Local Government. - Local governments shall:chanroblesvirtuallawlibrary
a. Reserve appropriate tracts
of land under their jurisdiction, for cemeteries subject to approval of
regional Directors concerned;
b. Utilize judiciously grants,
gifts, bequests of property or financial donations for the
establishment
or improvement of cemeteries;and
c. Close cemeteries under
their jurisdiction subject to approval of the Regional Director.
Sec. 102. Penal Provisions. -
a. The Secretary or his duly
authorized representative may revoke or suspend the license of an
undertaker
or embalmer who violates any provisions of this Chapter or the rules
and
regulations promulgated by the Secretary under this Chapter.
b. Any person who shall engage
in the business of undertaking or embalming in violation of any
provision
of this Chapter shall be liable to a penalty of not more than one
thousand
pesos for each violation.
c. Each day or any part thereof
during which any prohibited business or practice is continued shall be
deemed a separate violation and subject to the same penalty prescribed
in the preceding paragraph.
CHAPTER XXII - Final
Provisions
Sec. 103. Penal
Provisions.
-
a. Unless otherwise provided
in any Chapter or section in this Code, any person who shall violate,
disobey,
refuse, omit or neglect to comply with any of the rules and regulations
promulgated under this Code shall be guilty of misdemeanor and upon
conviction
shall b punished by imprisonment for a period not exceeding six months
or by a fine of not exceeding one thousand pesos or both depending upon
the discretion of the court.
b. Any person who shall interfere
with or hinder, or oppose any officer, agent or member of the
Department
or of the Bureaus and offices under it, in the performance of his duty
as such under this Code, or shall tear down, mutilate, deface or alter
any placard, or notice, affixed to the premises in the enforcement of
the
Code, shall be guilty of misdemeanor and punishable upon conviction by
imprisonment for a period not exceeding six months or by a fine or not
exceeding one thousand pesos or both depending upon the discretion of
the
Court.
Sec. 104. Separability
Clause. - In the event that any section, paragraph, sentence
clause
or word of this Code is declared invalid for any reason, other
provisions
thereof shall not be affected thereby.
Sec. 105. Repealing Clause.
- All laws, as will as pertinent rules and regulations thereof which
are
inconsistent with the provisions of this Code are hereby repealed or
amended
accordingly.
Sec. 106. Effectivity.
- This Code is hereby made part of the law of the land and shall take
effect
immediately.
Done in the City of Manila,
this 23rd day of December, in the year of Our Lord, nineteen hundred
and
seventy-five.chanrobles virtualawlibrary
(Sgd.) FERDINAND
E.
MARCOSPresident of the
Philippines
By the President:chanroblesvirtuallawlibrary(Sgd.) JUAN C.
TUVERAPresidential
Assistant
Approved: 23 December 1975.