BP 344 (Accesibility Law)

• RULE I – SCOPE AND APPLICATION

  Purpose – provide minimum requirements and standards for facilities, building and utilities FOR PUBLIC USE
• Scope

  This IRR applies to construction, repair and renovation of PUBLIC-USE BUILDINGS (either public or private owned); streets, highways and public utilities; public transportation (i.e. bus, jeepney, trains, domestic inter-island vessels, domestic aircraft or air carriers); public telephones; public transport terminals
• For repair, renovations and change of occupancy:

  • Follow considerations for new construction
• For new streets, highways and transport related structures

  1. Provide barrier-free facilities and accessibility features at every pedestrian crossing; ramps and accessibility features in DOTC buildings and transportation terminals

  2. cut-out curbs and ramps on sidewalks

  3. audio-visual aids for crossing

  
  

  Note: pedestrian grade separations, overpasses and underpasses may be waived
• For public transport vehicles

  1. Issuance of license or franchise of buses, boats, ships and airplanes shall require provisions of PWD seats and audio-visual aids (including government operated tranport such as trains and planes)

  2. Existing public transport vehicles must follow the minimum accessibility requirements

  3. Public telephones – 1:4 units shall be accessible with visual aids

  4. Public transport terminals shall follow requirements for public buildings
• Special Standards of Accessibility


  Can be allowed if alternatives are approved by the National Council for the Welfare of Disabled Persons
• RULE II – MINIMUM REQUIREMENTS FOR ACCESSIBILITY

  
  

  Categories of PWDs:

  • impairments requiring wheelchairs
  • impairments causing difficulty in walking or climbing stairs (i.e. braces, crutches, artificial supports, amputation, arthritis) or semi-ambulatory
  • impairments of hearing or sight (partial or total)
  • impairments due to aging and incoordination
  • mental impairments (acquired or congenital)
• Anthropometrics and Dimensional Date as Guides of Design

  
  

  Use anthropometric concepts and measurements (difference of sexes, sitting and reaching heights etc.); use dimensional and technical data (i.e. wheelchairs dimensions, minimum space for leg braces etc);

  
  

  Typical anthropometric data:

  • Length of wheelchair – 1.10m to 1.30m
  • Width of wheelchair – 0.60m to 0.75m
  • Wheelchair turning space – 1.50m diameter
  • Comfortable reach when sitting in wheelchair – 0.70m to 1.20m above the floor, not less than 0.40 from room corners
  • Knee and leg clearance for wheelchair – 0.70m under the table or counter

  
• Basic Physical Planning Requirements

  • Accessibility – shall not impede the use of facilities by PWDs
  • Reachability
  • Usability
  • Orientation – easy way-finding
  • Safety – less hazards to life and health
  • Workability and Efficiency
• RULE III – SPECIFIC REQUIREMENTS FOR BUILDINGS AND RELATED STRUCTURES FOR PUBLIC USE

  • Classification of Occupancy (based on Section 701 of NBCP):
  • Category I – Residential (Group A & party Group B of NBCP)
  • Category II – Commercial and Industrial
  • Category III – Educational and Industrial
  • Category IV – Agricultural
  • Category V – Ancillary
• Architectural featues and facilities

  • stairs (A)
  • walkways (B)
  • corridors (C)
  • doors and entrances (D)
  • washrooms and toilets (E)
  • lifts and elevators (F)
  • ramps (G)
  • parking areas (H)
  • switches, controls and buzzers (I)
  • handrails (J)
  • thresholds (K)
  • floor finishes (L)
  • drinking fountains (M)
  • public telephones (N)
  • seating accommodations (O)
• Category I – Residential (only those government-owned buildings)

  1. Single-Detached – 10% of the total units shall be accessible & barrier-free (ABCDEGHIJKL)

  2. Duplexes – 10% of the total units shall be accessible and barrier-free (ABCDEGHIJKL)

  3. Company or School Staff Housing Units – 1 unit for 26 to 50 units & 1 additional unit for every 100 units thereafter shall be accessible and barrier-free (ABCDEGHIJKL)

  4. Multiple dwelling units or high-rise residential condominiums or tenement houses – 1 unit for 26 to 50 units & 1 additional unit for every 100 units thereafter shall be accessible and barrier-free; all units shall be at ingress level if no elevator provided (ABCDEFGHIJKLM required)
• Category II – Commercial and Industrial (both public and privately-owned)

  1. Group B (units are rented):

  2. accessories, tenement houses or row houses, apartment houses, townhouses – 1 unit per 50-150 units and 1 per 100 additional thereafter shall be barrier-free (ABCDEGHIJKL)

  3. hotels, motels, inns, pension houses and/or apartments – 1 unit per 50-150 units shall be barrier-free and 1 per 100 units additional thereafter shall be at ingress level (if no elevator, provide at least 1 unit at ingress level) (ABCDEFGHIJKLMN required)

  4. private or off-campus dormitories - 1 unit per 50-150 units shall be barrier-free and 1 per 100 units additional thereafter shall be at ingress level (ABCDEFGHIJKLMN required)

  5. Group C:

  6. amusement halls and parlor; concert halls and opera houses; coliseum, stadium and sports complexes – ABCDEFGHIJKLMNO

  7. massage and sauna parlors – ABCDEFGHIJKLM

  8. Group F – dairies and creameries; factories and workshops using incombustible or non-explosive materials; breweries, bottling plants, canneries and tanneries – ABCDEGHIJKLM

  9. Group G-3 – wood working establishments, lumber and timber yards; pulp, paper and paper board factories; textile and fiber spinning mills; garment and undergarment factories- ABCDEGHIJKLM
• Standard of Accessibility for Special Type of Facilities

  • Auditoriums, assembly halls, theaters and related facilities:
  • PWD seating and toilet facilities shall be accessible from the main lobby to primary entrances
  • Required PWD spaces in all assembly places:
  • 4 to 50 capacity – 2 wheelchair space
  • 51 to 300 capacity – 4 wheelchair space
  • 301 to 500 – 6 wheelchair space
  • 501 and above – 1 additional for every 100 seats
  • Readily removable seats can be used instead of spaces
• Computation of Accessible Units

  Greater than 0.5 is considered as 1 unit; absolute minimum is 1 accessible unit
• Application of Barrier-free Facilities and Features

  1. Graphic signs shall be bold and conspiciously installed in every access from point of entry to connecting destination

  2. Walkways shall be provided with adequate passageway

  3. Width of corridors and circulation system integrating both and vertical access to ingress/egress level of the building

  4. Doors and entrances provided herein used as entry points at entrance lobbies as local points of congregation shall be designed to open easily or accessible from floor to floor or to any point of destination

  5. Washroom and toilets shall be accessible and with adequate turning space

  6. Minimum requirements for elevators shall be followed when provided

  7. Ramps shall be provided as means of access to level of change going to entry points and entrances, lobbies influenced by condition of location or use

  8. Parking areas shall be provided with sufficient space for the disabled persons to allow easy transfer from carpark to ingress/egress levels

  9. Height above the floor or switches and controls shall be in accordance with the provisions

  10. Handrails shall be provided at both sides of ramps

  11. Floors provided for wheelchair route shall be non-skid material

  12. Install water fountains as required
• RULE IV – REQUIREMENTS FOR PUBLIC TRANSPORTATION

  • Classification of Public Tranport:
  • Land Transportation – refer to buses with minimum seating capacity of 50 persons (regular) and 40 persons (for aircon buses); includes regular city buses, provincial and tourist buses
  • Rail Transportation – refer to three railway systems (PNR, PRC and LRTA)
  • Water Transportation – refers to domestic passenger ships, ferry boats and other water vessels
  • Air Transportation – refers to domestic passenger airplanes
• Issuance of franchise and permit to operate

  Shall require compliance to BP 344; if feasible, all existing transport utilities shall be modified and renovated
• Construction and renovation of public transport utilities

  Shall comply to body designs and specifications provided under the IRR
• Posters and stickers shall be conspicuously displayed inside the units
• Designated Seats for Disabled Persons

  • Regular buses – 5 seats near exit or entrance doors (can be occupied if no PWD)
  • First class/aircon buses – 4 seats near the exit or entrance doors (can be occupied if no PWD)
  • Passenger trains – 6 seats per car nearest to the door
  • Passenger airplanes – 2 seats near front exit/entrance per aircraft
  • Jeepneys – 2 seats preferable the front seats
  • Domestic shipping – per class basis, located near the entrance or exit doors
• Domestic shipping


  20 minute PWD embarkation ahead of the 3-hour regular embarkation time and 1-hour disembarkation after the ship's arrival
• Designated seats shall be identified by the International Symbol of Access
• City buses in highly urbanized cities

  Shall have audiovisual aids (buzzer, bell, flashing light) for alighting
• At least one deck in passenger ships


  Shall be provided with accessible ramps, passageways, access to gangways, galleys, safety equipment and bunks/berths/cabins with dimensions conforming with requirements
• RULE V – ADMINISTRATION AND ENFORCEMENT

  • Administration and enforcement vested to secretaries of DPWH and DTC
  • For buildings, public transport terminals, streets and highways – BP 344 is administered and enforced by the secretary of DPWH (including its attached agencies, building research development staff and the local building official according to RA 7160)
  • For transportation – BP 344 is administered by the secretary of DTC (including the attached agencies) i.e. Land Transportation Franchising and Regulatory Board (LTFRB) – for the issuance of Certificate of Public Conveyance (CPC) and Provincial Authority (PA) for the operation of public road transportation utilities and services; Land Transportation Office – registration of buses and jeepneys and enforcement
• Newly urbanized cities shall have audiovisual aids (buzzer, bell, flashing light) for alighting
• At least one deck in passenger ships shall be provided with accessible ramps, passageways, access to gangways, galleys, safety equipment and bunks/berths/cabins with dimensions conforming with requirements
• Agencies responsible for administration and enforcement of BP 344

  • DPWH
  • DTC
• Administration and enforcement of BP 344

  1. For buildings, public transport terminals, streets and highways - BP 344 is administered and enforced by the secretary of DPWH

  2. For transportation - BP 344 is administered by the secretary of DTC
• Agencies under DTC responsible for administration and enforcement of BP 344

  • Land Transportation Franchising and Regulatory Board (LTFRB)
  • Land Transportation Office
  • Philippine National Railways and the Light Rail Transit Authority
  • Maritime Industry Authority
  • Philippine Ports Authority
  • Civil Aeronautics Board
  • Air Transportation Office
• Criminal Liability for violating BP 344

  • For first violation - minimum fine of 50,000php to 100,000php or imprisonment of 6 months to 2 years (or both)
  • For subsequent violations - fine of 100,000php to 200,000php or imprisonment of 2 to 6 years (or both)
  • For abusing the privileges granted in BP 344 - fine of 5,000php to 50,000php or imprisonment of minimum 6 months (or both)
  • If violator is a corporation, organization or similar entity, the officials are liable
  • If violator is an alien or a foreigner, he/she shall be deported immediately after service of sentence without further deporation proceedings
• Parties liable for violations of BP 344

  • For buildings/establishments/structures - owner, operator, contractor, engineer, building official or public official-in-charge issuing the permits/certificate
  • For air, land and sea transportation - owner, operator, body builders, safety officers/engineers/managers, drivers/conductors or public official-in-charge issuing the permit/certificates
• Effectivity - 30 days after the publication in the Official Gazette
• Dropped Curbs

  • Use slight ramps and dropped curbs for changes in level at walkways
  • Provide dropped curbs at pedestrian crossing - length is equal to width of crossing; minimum length is 0.90m
  • Dropped curbs shall be ramped to adjoining curbs - maximum 1:12 gradient
  • Dropped curbs shall slope towards road (for drainage) - maximum 1:20 gradient, lowest point shall be maximum of 25mm above the road or gutter
  • Provide dropped curbs at the ends of footpaths in a private street or access road
• Curbed Cut-Outs

  • Only allowed if not causing obstruction and does not reduce walkway width
  • Minimum width of curb cut-out - 0.90m
  • Maximum gradient - 1:12
• Walkways

  • Shall be kept level as possible and with slip-resistant material
  • Maximum gradient of walkways - 1:20 or 5%
  • Minimum width of walkways - 1.20m
  • If possible, no gratings along walkways; if not possible, maximum grating openings is 13mm x 13mm and maximum height of 6.5mm above or below the walkway level (also applies to cracks and breaks)
  • In longer and busier walkways, rest stop or turning space for wheelchair shall be provided at 12m maximum interval (minimum dimension is 1.5m x 1.5m)
  • To guide the blind, straight forward walkways and right angle turns are recommended
  • If planting and trees are provided adjacent to walkways, regular maintenance is necessary for safety and to prevent reduction of walkway width
  • Walkway headroom minimum of 2.0m
  • Avoid obstructions to walkways such as street furniture, bollards, sign posts or column
• Handrails

  • Shall be installed at both sides of ramps and stairs and the outer edges of dropped curbes at crossings
  • Shall be installed at 0.90m and 0.70m above steps or ramps; for higher levels/floors, handrails can be 1.00 to 1.06m for safety
  • Provide 0.30m handrail extension at start and end of ramps and stairs
  • Full grip handrails shall be 30cm to 50cm with 50mm minimum wall clearance or 40mm clearance above ledges

  
• Open Spaces

  • To prevent disorientation of blind people, provide a walkway with defined edges in open spaces using planters with dwarf walls, grass verge or similar and with texture different from the path
• Signages

  • Locate directional and informational signs so easily seen by person on a wheelchair
  • Signs should be simple and easy to understand; with contrasting colors and gray values for easy detection and reading
  • Use the International Symbol for Access for designating accessible facilities and routes
  • If protruding a walkway, maintain the minimum 2.0m headroom clearance
  • Signs on walls and doors should be 1.40m (minimum height) to 1.60m (maximum)
  • Signages labeling public rooms and places should have raised symbols, letters or numbers with a minimum height of 1mm; braille symbols should be included in signs indicating public spaces and safety routes
  • Texts on signboards shall be of a dimension that people with less than normal visual acuity can read at a certain distance