ADOPTING A NATIONAL BUILDING CODE OF THE PHILIPPINES THEREBY REVISING REPUBLIC ACT NUMBERED SIXTY-FIVE HUNDRED FORTY-ONE

• Number: Presidential Decree No. 1096
• Sections: 142

Preamble

WHEREAS, the country's accelerating economic and physical development, coupled with urbanization and population growth, makes imperative the formulation and adoption of a uniform building code which shall embody up-to-date and modern technical knowledge on building design, construction, use, occupancy and maintenance;

WHEREAS, while there is Republic Act No. 6541, entitled "An Act to Ordain and Institute a National Building Code of the Philippines", the same does not conform with the developmental goals and infrastructure program of the Government and does not adequately provide for all the technological requirements of buildings and structures, in terms of up-to-date design and construction standards and criteria;

WHEREAS, in the formulation of a new national building code, it is desire and policy of the Government to avail of and harness the technical expertise and professional know-how to men not only in the public but in the private sectors as well.

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 revision of Republic Act. No. 6541 to read as follows:

ADMINISTRATION AND ENFORCEMENT

Section 12

SECTION 12 01. General Requirements.

Buildings proposed for construction shall comply with all the regulations and specifications herein set forth governing quality, characteristics and properties of materials, methods of design and construction, type of occupancy and classification.

All other matters relative to the structural design of all buildings and other structures not provided for in this Chapter shall conform with the provisions of the National Structural Code of Buildings, as adopted and promulgated by the Board of Civil Engineering pursuant to the Republic Act Number 544, as amended, other wise known as the "Civil Engineering Law".

Section 101

SECTION 101. Title.

This Decree shall be known as the "National Building Code of the Philippines" and shall hereinafter be referred to as the "Code".

Section 102

SECTION 102. Declaration of Policy.

It is hereby declared to be the policy of the State to safeguard life, health, property, and public welfare, consistent with the principles of sound environmental management and control; and to this end, make it the purpose of this Code to provide for all buildings and structures, a framework of minimum standards and requirements to regulate and control their location, site, design quality of materials, construction, use, occupancy, and maintenance.

Section 103

SECTION 103. Scope and Application.

(a) The provisions of this Code shall apply to the design, location, sitting, construction, alteration, repair, conversion, use, occupancy, maintenance, moving, demolition of, and addition to public and private buildings and structures, except traditional indigenous family dwellings as defined herein.

(b) Building and/or structures constructed before the approval of this Code shall not be affected thereby except when alterations, additions, conversions or repairs are to be made therein in which case, this Code shall apply only to portions to be altered, added, converted or repaired.

Section 104

SECTION 104. General Building Requirements.

(a) All buildings or structures as well as accessory facilities thereto shall conform in all respects to the principles of the safe construction and must be suited to the purpose for which they are designed.

(b) Buildings or structures intended to be used for the manufacture and/or production of any kind of article or product shall observe adequate environmental safeguards.

(c) Buildings or structures and all parts thereof as well as all facilities found therein shall be maintained in safe, sanitary and good working condition.

Section 105

SECTION 105. Site Requirements.

The land or site upon which will be constructed any building or structure, or any ancillary or auxiliary facility thereto, shall be sanitary, hygienic or safe. In the case of sites or buildings intended for use as human habitation or abode, the same shall be at a safe distance, as determined by competent authorities, from streams or bodies of water and/or sources of air considered to be polluted; from a volcano or volcanic site and/or any other building considered to be a potential source of fire or explosion.

Section 106

SECTION 106. Definitions.

As used in this Code, the words, terms and phrases enumerated in Annex "A" hereof shall have the meaning or definition, correspondingly provided therein.

Section 201

SECTION 201. Responsibility for Administration and Enforcement.

The administration and enforcement of the provisions of this Code including the imposition of penalties for administrative violations thereof is hereby vested in the Secretary of Public Works, Transportation and Communications, hereinafter referred to as the "Secretary".

Section 202

SECTION 202. Technical Staff.

The Secretary is hereby authorized to constitute and provide in his Department a professional staff composed of highly qualified architects, engineers and technicians who possess diversified and professional experience in the field of building design and construction.

Section 203

Section 203. General Powers and Functions of the Secretary under this Code.

For purposes of carrying out the provisions of this Code, the Secretary shall exercise the following general powers and functions:

(1) Formulate policies, plans, standards and guidelines on building design, construction, use occupancy and maintenance, in accordance with this Code.

(2) Issue and promulgate rules and regulations to implement the provisions of this Code and ensure compliance with policies, plans, standards and guidelines formulated under paragraph 1 of this Section.

(3) Evaluate, review, approve and/or take final action on changes and/or amendments to existing Referral Codes as well as on the incorporation of other referral codes which are not yet expressly made part of this Code.

(4) Prescribe and fix the amount of fees and other charges that the Building Official shall collect in connection with the performance of regulatory functions.

Section 204

SECTION 204. Professional and Technical Assistance.

The Secretary with the assistance of his technical staff shall provide such professional, technical, scientific and other services including testing laboratories and facilities as may be required to carry out the provisions of this Code; Provided that the Secretary may secure such services as he may deem necessary from other agencies of the National Government and may make arrangement for the compensation of such services. He may also engage and compensate within appropriations available therefor, the services of such number of consultants, experts and advisers on full or part-time basis, as may be necessary, coming from the government or private businesses, entities or associations to carry out the provisions of this Code.

Section 205

SECTION 205. Building Officials.

Except as otherwise provided herein, the Building Official shall be responsible for carrying out the provisions of this Code in the field as well as the enforcement of orders and decisions made pursuant thereto.

Due to the exigencies of the service, the Secretary may designate incumbent Public Works District Engineers, City Engineers and Municipal Engineers act as Building Officials in their respective areas of jurisdiction.

The designation made by the Secretary under this Section shall continue until regular positions of Building Official are provided or unless sooner terminated for causes provided by law or decree.

Section 206

SECTION 206. Qualifications of Building Officials.

No person shall be appointed as a Building Official unless he possesses the following qualifications:

1. A Filipino citizen and of good moral character.

2. A duly registered architect or civil engineer.

3. A member of good standing of a duly accredited organization of his profession for not less than two years.

4. Has at least five years of diversified and professional experience in building design and construction.

Section 207

SECTION 207. Duties of a Building Official.

In his respective territorial jurisdiction, the Building Official shall be primarily responsible for the enforcement of the provisions of this Code as well as of the implementing rules and regulations issued therefor. He is the official charged with the duties of issuing building permits.

In the performance of his duties, a Building Official may enter any building or its premises at all reasonable times to inspect and determine compliance with the requirements of this Code, and the terms and conditions provided for in the building permit as issued.

When any building work is found to be contrary to the provisions of this Code, the Building Official may order the work stopped and prescribe the terms and/or conditions when the work will be allowed to resume.

Likewise, the Building Official is authorized to order the discontinuance of the occupancy or use of any building or structure or portion thereof found to be occupied or used contrary to the provisions of this Code.

Section 208

SECTION 208. Fees.

Every Building Official shall keep a permanent record and accurate account of all fees and other charges fixed and authorized by the Secretary to be collected and received under this Code.

Subject to existing budgetary, accounting and auditing rules and regulations, the Building Official is hereby authorized to retain not more than twenty percent of his collection for the operating expenses of his office.

The remaining eighty percent shall be deposited with the provincial, city or municipal treasurer and shall accrue to the General Fund of the province, city or municipality concerned.

Section 209

SECTION 209. Exemption.

Public buildings and traditional indigenous family dwelling shall be exempt from payment of building permit fees.

As used in this Code, the term "additional indigenous family dwelling" means a dwelling intended for the use and occupancy by the family of the owner only and constructed of native materials such as bamboo, nipa, logs, or lumber, the total cost of which does not exceed fifteen thousand pesos.

Section 210

SECTION 210. Use of Income from Fees.

Any provision of law to the contrary notwithstanding, the Secretary is hereby authorized to prescribe the procedures for the use of all net income realized by the office of the Building Official from the collection of fees and charges not exceeding twenty percent thereof in accordance with Section 208.

Such income may be used to cover necessary operating expenses including the purchase of equipment, supplies and materials, traveling expenses, obligation expenses and sheriff's fees and payment of other prior years' obligations not adequately funded, subject to existing budgetary and auditing rules and regulations.

Section 211

SECTION 211. Implementing Rules and Regulations.

In the implementation of the provisions of this Code, the Secretary shall formulate necessary rules and regulations and adopt design and construction standards and criteria for buildings and other structures.

Such standards, rules and regulations shall take effect after their publication once a week for three consecutive weeks in a newspaper of general circulation.

Section 212

SECTION 212. Administrative Fines.

For the violation of any of the provisions of this Code or any of the rules or regulations issued thereunder the Secretary is hereby empowered to prescribe and impose fines not exceeding ten thousand pesos.

Section 213

SECTION 213. Penal Provisions.

It shall be unlawful for any person, firm or corporation, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure or cause the same to be done contrary to or in violation of any provision of this Code.

Any person, firm or corporation who shall violate any of the provisions of this Code and/or commit any act hereby declared to be unlawful shall upon conviction, be punished by a fine of not more

than twenty thousand pesos or by imprisonment of not more than two years or by both such fine and imprisonment: Provided, that in the case of a corporation firm, partnership or association, the penalty shall be imposed upon its officials responsible for such violation and in case the guilty party is an alien, he shall immediately be deported after payment of the fine and/or service of his sentence.

Section 214

SECTION 214. Dangerous and Ruinous Buildings or Structures.

Dangerous buildings are those which are herein declared as such or are structurally unsafe or not provided with safe egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health or public welfare because of inadequate maintenance, dilapidation, obsolescence, or abandonment; or which otherwise contribute to the pollution of the site or the community to an intolerable degree.

Section 215

SECTION 215. Abatement of Dangerous Buildings.

When any building or structure is found or declared to be dangerous or ruinous, the Building Official shall order its repair, vacation or demolition depending upon the degree of danger to life, health, or safety. This is without prejudice to further action that may be taken under the provisions of Articles 482 and 694 to 707 of the Civil Code of the Philippines.

Section 216

SECTION 216. Other Remedies.

The rights, actions and remedies provided in this Code shall be in addition to any and all other rights of action and remedies that may be available under existing laws.

Section 301

SECTION 301. Building Permits.

No person, firm or corporation, including any agency or instrumentality of the government shall erect, construct, alter, repair, move, convert or demolish any building or structure or cause the same to be done without first obtaining a building permit therefor from the Building Official assigned in the place where the subject building is located or the building work is to be done.

Section 302

SECTION 302. Application for permits.

In order to obtain a building permit, the applicant shall file an application therefor in writing and on the prescribed form from the office of the Building Official. Every application shall provide at least the following information:

(1) A description of the work to be covered by the permit applied for;

(2) Certified true copy of the TCT covering the lot on which the proposed work is to be done. If the applicant is not the registered owner, in addition to the TCT, a copy of the contract of lease shall be submitted;

(3) The use or occupancy for which the proposal work is intended;

(4) Estimated cost of the proposed work.

To be submitted together with such application are at least five sets of corresponding plans and specifications prepared, signed and sealed by a duly mechanical engineer in case of mechanical plans, and by a registered electrical engineer in case of electrical plans, except in those cases exempted or not required by the Building Official under this Code.

Section 303

SECTION 303. Processing of Building Permits.

The processing of building permits shall be under the overall administrative control and supervision of the Building Official and his technical staff of qualified professionals.

In processing an application for a building permit, the Building Official shall see to it that the applicant satisfies and conforms with approved standard requirements on zoning and land use, lines and grades, structural design, sanitary and sewerage, environmental health, electrical and mechanical safety as well as with other rules and regulations promulgated in accordance with the provisions of this Code.

Section 304

SECTION 304. Issuance of Building Permits.

When satisfied that the work described in an application for building permit and the plans and specifications submitted therewith, conform to the requirements of this Code and other pertinent rules and regulations, the Building Official shall, within fifteen days from payment of the required fees by the applicant, issue the building permit applied for.

The Building Official may issue a permit for the construction of only a part or portion of a building or structure whenever the plans and specifications submitted together with the application do not cover the entire building or structure.

Approved plans and specifications shall not be changed, modified or altered without the approval of the Building Official and the work shall be done strictly in accordance thereto.

Section 305

SECTION 305. Validity of Building Permits.

The issuance of a building permit shall not be construed as an approval or authorization to the permittee to disregard or violate any of the provisions of this Code.

Whenever the issuance of a permit is based on approved plans and specifications which are subsequently found defective, the Building Official is not precluded from requiring permittee to effect the necessary corrections in said plans and specifications or from preventing or ordering the stoppage of any or all building operations being carried on thereunder which are in violation of this Code.

A building permit issued under the provisions of this Code shall expire and become null and void if the building or work authorized therein is not commenced within a period of one year from the date of such permit, or if the building or work so authorized is suspended or abandoned at any time after it has been commenced, for a period of 120 days.

Section 306

SECTION 306. Non-Issuance, Suspension or Revocation of Building Permits.

The Building Official may order or cause the non-issuance, suspension or revocation of building permits on any or all of the following reasons or grounds:

(a) Errors found in the plans and specifications;

(b) In correct or inaccurate data or information supplied;

(c) Non-compliance with the provisions of this Code or of any rule or regulation.

Notice of non-issuance, suspension or revocation of building permits shall always be made in writing, stating the reason or grounds therefor.

Section 307

SECTION 307. Appeal.

Within fifteen (15) days from the date of receipt of advice of the non-issuance, suspension or revocation of permits, the applicant/permittee may file an appeal with the Secretary who shall render his decision within fifteen days from date of receipt of notice of appeal. The decision of the Secretary shall be final subject only to review by the Office of the President.

Section 308

SECTION 308. Inspection and Supervision of Work.

The owner of the Building who is issued or granted a building permit under this Code shall engage the services of a duly licensed architect or civil engineer to undertake the full time inspection and supervision of the construction work.

Such architect or civil engineer may or may not be the same architect or civil engineer who is responsible for the design of the building.

It is understood however that in either case, the designing architect or civil engineer is not precluded from conducting inspection of the construction work to check and determine compliance with the plans and specifications of the building as submitted.

There shall be kept at the jobsite at all times a logbook wherein the actual progress of construction including tests conducted, weather conditions and other pertinent data are to be recorded.

Upon completion of the construction, the said licensed architect or civil engineer shall submit the logbook, duly signed and sealed, to the Building Official. He shall also prepare and submit a Certificate of Completion of the project stating that the construction of building conforms to the provisions of this Code as well as with the approved plans and specifications.

Section 309

SECTION 309. Certificate of Occupancy.

No building or structure shall be used or occupied and no change in the existing use or occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor as provided in this Code.

A certificate of Occupancy shall be issued by the Building Official within thirty (30) days if after final inspection and submittal of a Certificate of Completion referred to in the preceding section, it is found that the building or structure complies with the provisions of this Code.

The Certificate of Occupancy shall be posted or displayed in a conspicuous place on the premises and shall not be removed except upon order of the Building Official.

The non-issuance, suspension and revocation of Certificates of Occupancy and the procedure for appeal therefrom shall be governed in so far as applicable, by the provisions of Section 306 and 307 of this Code.

CHAPTER 4TYPES OF CONSTRUCTION

Section 401

SECTION 401. Types of Construction.

For purposes of this Code, all buildings proposed for construction shall be classified or identified according to the following types:

(1) Type I. – Type I buildings shall be a wood construction. The structural elements may be any of the materials permitted by this Code.

(2) Type II. – Type II buildings shall be of wood construction with protective fire-resistant materials and one-hour fire- resistive throughout: Except, that permanent non-bearing partitions may use fire-retardant treated wood within the framing assembly.

(3) Type III. – Type III buildings shall be of masonry and wood construction. Structural elements may be any of the materials permitted by this Code: Provided, that the building shall be one-hour fire-resistive throughout. Exterior walls shall be of incombustible fire-resistive construction.

(4) Type IV. – Type IV buildings shall be of steel, iron, concrete, or masonry construction. Walls, ceiling, and permanent partitions shall be of incombustible fire-resistive construction: Except, that permanent non-bearing partitions of one-hour fire-resistive construction may use fire-retardant treated wood within the framing assembly.

(5) Type V. – Type V buildings shall be fire-resistive. The structural elements shall be of steel, iron, concrete, or masonry construction. Walls, ceilings, and permanent partitions shall be of incombustible fire-resistive construction.

Section 402

SECTION 402. Changes in Types.

No change shall be made in the type of construction of any building which would place the building in a different sub-type or type of construction unless such building is made to comply with the requirements for such sub-type of construction: Except, when the changes is approved by the Building Official upon showing that the new or proposed construction is less hazardous, based on life and fire risk, than the existing construction.

Section 403

SECTION 403. Requirements on Type of Construction.

Subject to the provisions of this Chapter, the Secretary shall prescribe standards for each type of construction, and promulgate rules and regulations therefor, relating to structural framework, exterior walls and openings, interior walls and enclosures, floors, exists, and stairs construction, and roofs.

Section 501

SECTION 501. Fire Zones Defined.

Fire zones are areas within which only certain types of buildings are permitted to be constructed based on their use or occupancy, type of construction, and resistance to fire.

Section 502

SECTION 502. Buildings located in more than One Fire Zone.

A building or structure which is located partly in one fire zone and partly in another shall be considered to be in the more highly restrictive fire zone, when more than one-third of its total floor area is located in such zone.

Section 503

SECTION 503. Moved Building.

Any building or structure moved within or into any fire zone shall be made to comply with all the requirements for buildings in that fire zone.

Section 504

SECTION 504. Temporary Buildings.

Temporary building such as reviewing stands and other miscellaneous structures conforming to the requirements of this Code, and sheds, canopies and fences used for the protection of the public around and in conjunction with construction work, may be erected in the fire zones by special permit from the Building Official for a limited period of time, and such buildings or structures shall be-completely removed upon the expiration of the time limit stated in such permits.

Section 505

SECTION 505. Center Lines of Streets.

For the purpose of this Chapter, the center line of an adjoining street or alley may be considered an adjacent property line. Distances shall be measured at right angles to the street or alley.

Section 506

SECTION 506. Restrictions on Existing Buildings.

Existing buildings or structures in fire zones that do not comply with the requirements for a new building erected therein shall not hereafter be enlarged, altered, remodeled, repaired or moved except as follows:

(a) Such building is entirely demolished;

(b) Such building is to be moved outside the limits of the more highly restrictive Fire Zone to a zone where the building meets the minimum standards;

(c) Changes, alterations and repairs may be made provided that in any 12-month period, the value of the work does not exceed twenty percent of the value of the existing building, and provided that, such changes do not add additional combustible material, and do not, in the opinion of the Building Official, increase the fire hazard;

(d) Additions thereto are separated from the existing building by fire walls, as set forth in Sub-section 604 (b);

(e) Damage from fire or earthquake, typhoons or any fortuitous event may be repaired, using the same kind of materials of which the building or structure was originally constructed, provided that, the cost of such repair shall not exceed twenty percent of the replacement cost of the building or structure.

Section 507

SECTION 507. Designation of Fire Zones.

The Secretary shall promulgate specific restriction for each type of Fire Zone. Cities and municipalities shall be divided into such Fire Zones in accordance with local, physical, and spatial framework plans submitted by city or municipal planning and/or development bodies.

Section 601

SECTION 601. Fire-Resistive Rating Defined.

Fire-resistive rating means the degree to which a material can withstand fire as determined by generally recognized and accepted testing methods.

Section 602

SECTION 602. Fire-Resistive Time Period Rating.

Fire-resistive time period rating is the length of time a material can withstand being burned which may be one-hour, two-hours, three- hours,four-hours, etc.

Section 603

SECTION 603. Fire-Resistive Standards.

All materials of construction, and assemblies or combinations thereof shall be classified according to their fire-retardant or flame-spread ratings as determined by general accepted testing methods and/or by the Secretary.

Section 604

SECTION 604. Fire-Resistive Regulations.

The Secretary shall prescribe standards and promulgate rules and regulations on the testing of construction materials for flame-spread characteristics, tests on fire damages, fire tests of building construction and materials, door assemblies and tinclad fire doors and window assemblies, the installation of fire doors and windows and smoke and fire detectors for fire protective signaling system, application and use of controlled interior finish, fire-resistive protection for structural members, fire-resistive walls and partitions, fire-resistive floor or roof ceiling, fire-resistive assemblies for protection of openings and fire-retardant roof coverings.

CHAPTER 7CLASSIFICATION AND GENERAL REQUIREMENT OF ALL BUILDINGS BY USE OF OCCUPANCY

Section 701

SECTION 701. Occupancy Classified.

(a) Buildings proposed for construction shall be identified according to their use or the character of its occupancy and shall be classified as follows:

(1) Group A. Residential Dwellings

Group A Occupancies shall be dwellings.

(2) Group B. Residentials, Hotels and Apartments

Group B Occupancies shall be multiple dwelling units including boarding or lodging houses, hotels, apartment buildings, row houses, convents, monasteries, and other similar building each of which accommodates more than ten persons.

(3) Group C. Education and Recreation

Group C Occupancies shall be buildings used for school or day-care purposes, involving assemblage for instruction, education, or recreation, and not classified in Group I or in Division 1 and 2 or Group H Occupancies.

(4) Group D. Institutional

Group D Occupancies shall include:

Division 1. Mental hospitals, mental sanitaria, jails, prisons, reformatories, and buildings where personal liberties of inmates are similarly restrained.

Division 2. Nurseries for full-time care of children under kindergarten age, hospitals, sanitaria, nursing homes with non- ambulatory patients, and similar buildings each accommodating more than five persons.

Division 3. Nursing homes for ambulatory patients, homes for children of kindergarten age or over, each accommodating more than five persons: Provided, that Group D Occupancies shall not include buildings used only for private or family group dwelling purposes.

(5) Group E. Business and Mercantile

Group E Occupancies shall include:

Division 1. Gasoline filling and service stations, storage garages and boot storage structures where no work is done except exchange of parts and maintenance requiring no open flame, welding, or the use of highly flammable liquids.

Division 2. Wholesale and retail stores, office buildings, drinking and dining establishments having an occupant load of less than one hundred persons, printing plants, police and fire stations, factories and workshops using not highly flammable or combustible materials and paint stores without bulk handlings.

Division 3. Aircraft hangers and open parking garage with no repair work is done except exchange of parts and maintenance requiring no open flame, welding or the use of highly flammable liquids.

(6) Group F. Industrial

Group F Occupancies shall include: ice plants, power plants, pumping plants, cold storage, and creameries, factories and workshops using incombustible and non-explosive materials, and storage and sale rooms for incombustible and non- explosive materials.

(7) Group G. Storage and Hazardous

Group G Occupancies shall include:

Division 1. Storage and handling of hazardous and highly flammable material.

Division 2. Storage and handling of flammable materials, dry cleaning plants using flammable liquids; paint stores with bulk handling, paint shops and spray painting rooms.

Division 3. Wood working establishments, planning mills and box factories, shops, factories where loose combustible fibers or dust are manufactured, processed or generated; warehouses where highly combustible material is store.

Division 4. Repair garages.

Division 5. Aircraft repair hangers.

(8) Group H. Assembly Other Than Group 1

Group H Occupancies shall include:

Division 1. Any assembly building with a stage and an occupant load of less than 1000 in the building.

Division 2. Any assembly building without stage and having an occupant load of 300 or more in the building.

Division 3. Any assembly building without a stage and having an occupant load of less than 300 in the building.

Division 4. Stadia, reviewing stands, amusement park structures not included within Group I or in Division 1, 2, and 3 of this Group.

(9) Group I. Assembly Occupant Load 1000 or More

Group I Occupancies shall be any assembly building with an age and an occupant load of 1000 or more in the building.

(10) Group J. Accessory Group J Occupancies shall include:

Division 1. Private garage, carports, sheds and agriculture buildings.

Division 2. Fences over 1.80 meters high, tanks, and towers.

(b) Other subgroupings or divisions within Groups A to J may be determined by the Secretary. Any other occupancy not mentioned specifically in this Section, or about which there is any question shall be included in the Group which it most nearly resembles based on the existing or proposed life and fire hazard.

Section 702

SECTION 702. Change in Use.

No change shall be made in the character of occupancy or use of any building which would place the building in a different division of the same group of occupancy or in a different group of occupancies, unless such building is made to comply with the requirements of this code for such division or group of occupancy. The character of occupancy of existing buildings may be changed subject to the approval of the Building Official and the building may be occupied or purposes set forth in other Groups: Provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.

Section 703

SECTION 703. Mixed Occupancy.

(a) General Requirements

When a building is of mixed occupancy or used for more than one occupancy, the whole building shall be subject to the most restrictive requirement pertaining to any of the type of occupancy found therein except in the following:

(1) When a one-storey building houses more than one occupancy, each portion of the building shall conform to the requirement of the particular occupancy housed therein and;

(2) Where minor accessory uses do not occupy more than ten percent of the area of any floor or a building, nor more than ten percent of the basic area permitted in the occupancy requirements, in which case, the major use of the building determine the occupancy classification.

(b) Forms of Occupancy Separation

Occupancy separations shall be vertical or horizontal or both, or when necessary, of such other forms as may be required to afford a complete separation between the various occupancy divisions in the building.

(c) Types of Occupancy Separation

Occupancy separation shall be classified as "One-Hour Fire- Resistive", "Two-Hour Fire Resistive", "Three-Hour Fire- Resistive" and "Four-Hour Fire-Resistive:

(1) A "One-Hour Fire-Resistive Occupancy Separation" shall be of not less than one-hour fire-resistive construction. All openings in such separation shall be protected by a fire-assembly having a one-hour fire-resistive rating.

(2) A "Two-Hour Fire-Resistive Occupancy Separation" shall be of not less than two-hour fire-resistive construction. All openings in such separation shall be protected by a fire-assembly having a two-hour fire-resistive rating.

(3) A "Three-Hour Fire-Resistive Occupancy Separation" shall be of not less than three-hour fire-resistive construction. All openings in walls forming such separation shall be protected by a fire assembly having a three-hour fire- resistive rating. The total width of all openings in any three-hour fire-resistive occupancy separation wall in any one-storey shall not exceed 25 per cent of the length of the wall in that storey and no single opening shall have an area greater than 10.00 square meters. All openings in floors forming a "Three-Hour Fire-Resistive Occupancy Separation" shall be protected by vertical enclosures extending above and below such openings. The walls of such vertical enclosures shall be of not less than two-hour fire-resistive construction, and all openings therein shall be protected by a fire- assembly having a three-hour fire-resistive rating.

(4) A "Four-Hour Fire-Resistive Occupancy Separation" shall have no openings therein and shall be of not less than four-hour fire resistive construction.

(d) Fire-Rating for Occupancy Separation

Occupancy Separations shall be provided between groups, subgroupings, or divisions of occupancies. The Secretary shall promulgate rules and regulations for appropriate occupancy separations in buildings of mixed occupancy: Provided, that, where any occupancy separation is required, the minimum shall be a "One-Hour Fire-Resistive Occupancy Separation"; and where the occupancy separation is horizontal, structural member supporting the separation shall be protected by an equivalent fire-resistive construction.