- Only fresh and wholesome fish products shall be sold.
- 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.
- 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:
- Make periodic inspections to enforce the maintenance of adequate sanitation in food establishments and their premises;
- Take samples of food and drink from any establishments or vendor as often as necessary to determine if there are unwholesome, adulterated, or contaminated by radioactivity;
- Prevent the sale or condemn and destroy food and drinks if these are found unfit for human consumption;
- Seal and prohibit the use of devices, utensils, containers, vehicles, machines, piping and appurtenances if in his opinion they are unsanitary; and
- 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:
- Suitability of site insofar as elimination of nuisance conditions and prevention of contamination are concerned;
- Availability of ample water supply for cleaning;
- Accessibility of adequate drainage facilities;
- Durability of construction to protect vendors and customers from any hazard and exposure to the elements; and
- Facilities for sanitation maintenance, such as cleaning and elimination of harborages of vermin.
SEC. 35. Responsibility of the Local Health Authority.—
- Make periodic inspections to ascertain the maintenance of adequate sanitary conditions of markets and their premises;
- Supervise and control the proper care and use of market "stalls;
- Prohibit the construction of living quarters within any market and its premises;
- Enforce the ban on construction of partitions, sheds or booths within the market area.
- Supervise the maintenance of adequate sanitation in abattoirs and their premises;
- Enforce the requirements on the examination of meat as provided in existing laws;
- Permit the slaughter of animals for public consumption, in other designated areas in certain exigencies, provided public health is adequately protected;
- Supervise the sanitary disposal of all abattoir wastes; and
- Ensure that only healthy animals shall be slaughtered, and that 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 governments 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.
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.
SEC. 38. General Requirements.—The construction and operation of a public laundry shall be governed by the following requirements:
- The site should be distant from sources of nuisance.
- Only durable construction materials shall be used.
- Smooth and water-tight materials shall be used for flooring.
- All work rooms shall be properly ventilated and provided with 10 foot-candles of lighting.
- Adequate drying facilities shall be provided and articles for drying protected from sources of contamination.
- Laundry supplies in both liquid and solid state shall be properly stored, prepared and handled. Containers of chemical shall be properly labeled.
- Employees shall be provided with potable drinking water, toilets, bathing and washing facilities.
- Employees shall be provided with lockers for their working garments and street clothes.
- 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:
- 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.
- 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.
- 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.
- Laundry vehicles shall be kept clean and sanitary at all times.
- A separate room shall be used solely for receiving, sorting, marking or handling unwashed articles.
- 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 SANITATION AND HEALTH SERVICES
SEC. 40. Definition of Terms.—As used in this Chapter, the following terms shall mean:
- School.—An institution of learning which may be public, private or parochial.
- Special School.—A school which utilizes cadavers, plants, animals, bacterial and viral cultures for studies and research.
- Physical Environments.—The school plant, grounds and facilities.
- 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:
- 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.
- Grounds.—The acreage shall be large enough to permit playgrounds, athletic fields and school gardens.
- Building.—Preferably it shall be constructed of strong and durable materials and designed along functional lines. For the prevention of fire hazards, the requirements of the local fire department shall be observed. Sufficient ventilation shall be provided. Wall and ceiling finished should be chosen so as to give optimum lighting with minimum glare. Artificial lighting with louvered flourescent or incandescent fixtures shall be used to supply a minimum lighting of 25 footcandles in the darkest corner. For flooring, suitable materials shall be used which will give maximum durability without creating a slippery surface.
- Sanitary Facilities.—The school population shall be provided with potable water, sewage and waste disposal systems shall likewise conform to the requirements 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:
- Suitable Location.—The school site shall be located away from disturbances and places which give undesirable influence.
- Recreational Facilities.—The school must have safe and attractive playgrounds and adequate facilities for suitable sports and games.
- 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:
- Periodic physical and medical examination;
- Periodic immunization;
- Medical and dental treatment;
- Treatment for common emergencies; and
- Counseling and guidance.
SEC. 44. Requirements for Special Schools.—
- Cadavers shall be stored in morgues and dissected in dissecting rooms, all of which shall be constructed and maintained in accordance with standards prescribed by the Department.
- Poisonous or harmful plants and animals shall be kept in adequate and secured areas.
- Viral and bacterial cultures shall be kept in laboratories under standard security laboratory measures.
- 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 the Philippine Atomic Energy Commission concerning radiation protection.
CHAPTER VII.—INDUSTRIAL HYGIENE
SEC. 45. Sanitary Requirements for Operating an Industrial Establishment.—The following sanitary requirements shall be applicable to industrial establishments:
- 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.
- 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.
- Adequate potable water supply shall be provided to employees.
- 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.
- 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 utilized.
- An abatement program for the control of vermin shall be maintained.
- Adequate restrooms and mass halls shall be provided for employees.
- 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:
- Issue a list of maximum concentration of atmospheric contaminants as a 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 non-impairment of health or well-being either immediate or after a long period of exposure.
- Review the concentration values at regular intervals to amend or alter the list where indicated.
- Specify other concentrations of short intermittent duration capable of causing acute impairment of health.
- 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.
- Prescribe control measures to eliminate transmission of infection diseases through processing or handling of industrial products or wastes.
- Prescribe illumination standard values and order their review at regular intervals to alter or amend values when indicated.
- Promulgate measures to effectively and adequately control any possible radioactivity to which workers may be exposed while on their job.
- Promulgate control measures to reduce noise and pollution.
SEC. 47. Responsibilities of the Employer and Employees.—The following are the responsibilities of the employer and employees in industrial establishments:
- Provide, install and maintain in good repair all control measures and protective equipment;
- Inform affected employees regarding the nature of the hazards and the reasons for, and methods of control measures and protective equipment;
- Make periodical testing of the hearing of all employees in noisy areas of operation;
- Adopt measures so that the noise produced is within allowable limits so as not to affect neigh boring offices, buildings or establishments;
- Request the Department a permit for variation from the requirements when other means of equivalent protection are provided; and
- Provide personal protective equipment and/or protective barriers when they are necessary.
- Observe strictly protective control measures which are prescribed, and
- Use equipment provided them properly.
SEC. 48. Environmental Provisions.—The environmental provisions enumerated hereunder for the protection of the health of workers are applicable to all industrial establishments:
Control of atmospheric contaminants—
- Workers shall not be exposed to atmosphere contaminants hazardous to health.
- Control of atmospheric contaminants shall be accomplished by methods approved by the Secretary or his duly authorized representatives or other government authority.
Control measures shall be provided to eliminate or control the transmission of infectious; diseases through processing or handling of industrial products or wastes.
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 the recommendations of the local health or other government authority.
- Adequate lighting shall be provided and distributed in all work 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.
- Where the specific task requires more light than provided by general illumination, supplementary lighting shall be supplied.
- 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.
- Proper control measures shall be used to reduce concentration of toxic contaminants to allowable limits.
- Air inlets shall be arranged, located and equipped to insure sufficient air velocity and an exhaust system which shall be located so that discharged materials shall not re-enter places of employment or habitations nor create any hazard of nuisance.
- Personal protective equipment and/of 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 function of any part of the body through skin and/or mucous membrane absorption.
- Personal protection equipment which shall include respiratory protectors and other accessories shall be fitted to each exposed worker when necessary.
- 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.
- 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 Permit.—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.
SEC. 52. Protection of Customers.—To protect the health and safety of persons who use them, the Department shall promulgate:
Rules and regulations concerning:
- Correct sanitary practices for persons swimming or bathing to prevent the transmission of communicable disease;
- Correct sanitary procedures for personnel working in those places to maintain their adequate sanitation and cleanliness of accessories used by customers;
- Adequate number of trained personnel and necessary equipment needed for life-saving and rescue work;
- Post conspicuous signs to warn public of the presence of artificial or natural hazards; and
- Sanitary structural requisites for swimming pools and bath houses to prevent pollution of their waters and to facilitate sanitation maintenance;
- Sanitary structural standards for appurtenances, such as toilets, shower baths and dressing rooms to eliminate the risk of infection;
- Methods of determining the sanitary quality of water, particularly that which is used in swimming pools, and
- Criteria to be used in the limitation 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:
- Inspect the state of sanitation of public swimming or bathing places;
- Ascertain if their personnel are examined regularly for the presence of any infectious or contagious disease;
- Enforce rules and regulations of the Department under this Chapter; and
- Recommend to the Department the revocation of their permits when it is deemed necessary for the protection of 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 motor vehicles shall be provided with Sanitary facilities for the convenience and personal necessities of the travelling public.
- Rest areas, bus terminals, bus stops and service stations shall be established with ample area to pre vent overcrowding of motor vehicles and travellers.
- They shall be provided with adequate ventilation lighting and away from sources of nuisance.
- Safe and adequate water supply shall be provided in accordance with the provisions of Chapter II of this Code.
- Excreta and sewage collections and disposal shall be provided in accordance with the provisions of Chapter XVII of this Code.
- Refuse collection and disposal shall be in accordance with the provisions of Chapter XVIII of this Code.
- Comfort rooms—Adequate number of comfort room shall be provided as well as auxiliary facilities therein in accordance with the provisions of Chapter XVII of this Code.
- Waiting sheds for commuters 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.
- Sale of foodstuffs in those establishments shall be done in conformity with the provisions of Chapter III of this Code.
CHAPTER X.—CMPS AND PICNIC GROUNDS
SEC. 55. No camps and picnic grounds shall be open for public patronage without a sanitary permit issued by the Secretary or his duly authorized representative.
- 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.
- Camp and picnic houses shall be provided with adequate lighting and ventilation. Where tents are used flooring shall be at least 4 inches above the ground.
- Adequate and safe drinking water shall be available at all times in accordance with the provisions of Chapter II of this Code.
- Adequate number of sanitary facilities shall be provided.
- Sewage disposal shall be in accordance with the provisions on Chapter XVII of this Code.
- The storage, preparation and serving food shall be in accordance with Chapter III of this Code.
- 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.
- Camps and picnic grounds shall at all times be maintained clean, free from litter and accumulated rubbish.
- 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:
- These establishments shall be operated and opened for public patronage only when a sanitary permit is issued by the local health authority.
- These establishments and their premises shall be kept clean and sanitary at all times.
- Patrons shall be provided with adequate potable water and toilet facilities in accordance with standards prescribed in this Code.
- 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:
- For dancing schools—
No person shall be employed as a dancing instructor or instructress without first securing a health certificate from the local health authority.
- For dance halls and night clubs—
- No person shall be employed as hostess or cook or bartender or waiter without first securing a health certificate from the local health authority.
- The storage, preparation and serving of food and drinks shall be in accordance with the pro visions prescribed in Chapter III of this Code.
CHAPTER XII.—TONSORIAL AND BEAUTY ESTABLISHMENTS
SEC. 58. Definitions 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.
Requirements.—These establishments are subject to the following requirements:
- A sanitary permit shall be procured from the local health authority before their operation.
- They shall be maintained clean and sanitary at all times.
- No person shall be employed to service customers without a health certificate issued by the local health authority.
- Working personnel shall wash their hands with soap and water before servicing customers.
- They shall wear clean working garments.
- They shall not smoke nor eat while working.
- Implements of their trade shall be cleaned and disinfected before and after their use.
- Customers shall be supplied with clean and fresh towels, drapes and other linen necessary.
- 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
CHAPTER 59.—Definitions of Terms—As used in this Chapter the following terms shall mean:
- Massage—A method wherein the superficial soft parts of the body are rubbed or stroked or kneaded for remedial or aesthetic or hygienic purposes.
- Massage Clinic—An establishment where massage is administered to customers.
- Masseur—A trained person duly licensed by the Secretary or his authorized representative to perform massage and to supervise massage clinic attendants.
- 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.
- 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.
- 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 first securing a sanitary permit from the local health authority.
SEC. 61. Sanitary Requirements.—The following requirements shall be enforced:
- The reception and office rooms shall be properly lighted and ventilated.
- Every massage room shall be adequately ventilated, provided with a sliding curtain at the entrance and equipped with a suitable and clean massage table.
- Sanitary and adequate handwashing, bath and toilet facilities shall be available.
- Customers shall be provided with soap, clean towels, sanitized rubber or plastic slippers. They shall be required to take a thorough bath before massage.
- Masseur and masseur attendant shall wash their hands with soap and water before and after massaging a customer.
- The establishment and its premises shall be maintained clean and sanitary at all times.
- The reception and office rooms shall be properly lighted and adequately ventilated.
- The sauna bath room shall be properly lighted, provided with thermometers, and maintained clean and sanitary at all times.
- Sanitary and adequate handwashing, bath and toilet facilities shall be available.
- Customers shall be provided with soap, clean towels and sanitized rubber or plastic slippers.
SEC. 62. Personnel.—The following requirements shall be enforced:
- The person must have a certificate as a registered masseur, issued by the Committee on Examiners for Masseur of the Department.
- He must possess an up-to-date health certificate issued by the local health authority.
- The person shall wear a clean working garment when attending to customers or when supervising massage clinic attendants.
The person shall be properly registered and authorized by the local health authority to work as massage clinic attendant after compliance with the following requirements:—
- satisfactory completion of a training course or study given by a government office, school or hospital, which is duly authorized and recognized by the Department; and
- Up-to-date health certificate issued by the local health authority to include VD clearance secured from any government clinic or hospital.
- Attendant must possess an up-to-date health certificate issued by the local health authority.
- The person must wear clean working garments when attending to customers.
CHAPTER XIV.—HOTELS, MOTELS AND APARTMENTS, LODGING, BOARDING, OK TENEMENT HOUSES, AND CONDOMINIUMS
SEC. 63. Definitions of Terms.—As used in this Chapter, the following terms shall mean.
- Hotel—A building where transient guests are received and are supplied with and charged for meals, lodging and other services.
- Motel—A roadside hotel for motorists, usually consisting of private cabins.
- Boarding House—A building where selected persons for fixed periods of time are supplied with, and charged for sleeping accommodations and meals.
- Lodging House—A building where persons are supplied with and charged for sleeping accommodations only.
- Tenement House—A building or portion thereof which is leased or sold to an occupied as residence by four or more families doing their cooking with in the premises but living independently of one another although having a common right in the use of halls, stairways, terraces, verandas, toilets, and baths.
- Apartment House—A building containing a number of separate residential suites.
- 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.
- Establishments—A collective term construed to include items (a) to (g)
SEC. 64. General Provisions.—The following are required for the establishments defined in the preceding Section:
- No establishment shall be operated and opened for public patronage without a sanitary permit issued by the Secretary or his duly authorized representative.
- Any extension or additional construction in an establishment shall require a sanitary permit before it could be operated.
- All establishments shall provide their patrons with adequate water supply, toilet and bath facilities in accordance with standards prescribed in this Code.
- Establishments and their premises shall be kept clean and sanitary at all times.
- Periodic insect and vermin control measures shall be undertaken to eradicate vectors of diseases.
- Animals, fowls and pets shall be housed in appropriate kennels or cages separate from living quarters.
- No person shall be employed in establishments with out first procuring a health certificate from the local health authority.
SEC. 65. Special Provisions.—The following provisions are applicable.
Hotels and Motels—
- The storage, preparation and serving of food to customers shall be in accordance with the standards prescribed in Chapter III of this Code.
- Customers shall be provided with clean linen such as bedsheets, pillow cases, towels and napkins.
- When rooms or cabins are vacated, their toilets or baths shall be sanitized and clean and fresh linen shall be provided before the room or cabin is rented for occupancy.
- The choice for sites should consider availability of bus and taxi transportation services.
- Nearness to place of work, schools, police stations and clinics.
- Availability of low-cost goods.
- Parking facilities and playgrounds for children.
- Facilities for refuse disposal and cleanliness of buildings, and
- 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 :
- 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.
- 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.
- There shall be available to as many ports and air ports as practicable organized medical and health services with adequate staff, equipment and facilities for the prompt isolation and care of infected persons, disinfection, disinsecting, deratting, laboratory examination, collection and examination of rodents for plague infection, collection of water and food samples for examination.
- The local health authority for each port and air port shall take all practicable measures to keep port and airport installation free of rodents.
- In ports and airports of entry, facilities shall be provided for immunizations required in international travel.
- 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 epidemiological significance.
SEC. 67. Vessel 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:
- Place—Land, building, residence, pier, watercraft, aircraft or any means of conveyance.
- 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 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.
- Vermin control in public shall be the responsibility of the provincial, city or municipal governments which have jurisdiction over them.
- 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.
- Public sewerage system—A system serving twenty five persons or more.
- 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.
- House sewer—The pipe line conveying sewage from the house or building to the septic tank or to any point of discharge.
- Septic tank absorption bed or drain field—An underground system of pipes leading from the out let of the septic tank, consisting of open-jointed or perforated pipes so distributed that the effluent from a septic tank is oxidized and absorbed by the soil.
- Effective capacity of a septic tank—The actual liquid capacity of a septic tank as contained below the liquid level line of the tank.
- 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.
- 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.
- 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.
- Approved excreta disposal facilities shall mean any of the following:
- Flush toilets properly connected to a community sewer;
- Flush toilets connected to a septic tank constructed in accordance with this Chapter;
- Any approved type pit privy built in accordance with this Chapter; and
- Any disposal device approved by the Secretary or his duly authorized representative.
SEC. 72. Scope of Supervision of the Department.—The approval of the Secretary or his duly authorized representative is required in the following matters:
- 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;
- Plans of individual sewage disposal system and the sub-surface absorption system, or other treatment device;
- Location of any toilet or sewage disposal system in relation to a source of water supply;
- Plans, design data and specification of a new or existing sewerage system or sewage treatment plant;
- The discharge of untreated effluent of septic tanks and/or sewage treatment plants to bodies of water;
- Manufacture of septic tanks and
- Method of disposal of sludge from septic tanks or ether treatment plants.
SEC. 73. Operation of Sewage Treatment Works.—Private or public sewerage systems shall:
- Provide laboratory facilities for control tests and other examinations needed;
- Forward to the local health authority operating data, control tests and such other records and information as may be required;
- Inform the local health authority in case of breakdown or improper functioning of the sewage treatment works; and
- 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:
- All houses covered by the system shall be connected to the sewer in areas where a sewerage sys tem is available.
- Outfalls discharging effluent from a treatment plant shall be carried to the channel of the stream or to deep water where the outlet is discharged.
- Storm water shall be discharged to a storm sewer, sanitary sewage shall be discharged to a sewerage system carrying sanitary sewage only; but this should not prevent the installation of a combined system.
- Properly designed grease traps shall be provided for sewers from restaurants or other establishments where the sewage 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 buildings shall be discharged into a septic tank to be constructed in accordance with the following minimum requirements:
- 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.
- It shall be built of concrete, whether pre-cast or poured in place. Brick, concrete blocks or adobe may be used.
- 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 sub-surface 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 prescribed by the National Water and Air Pollution Control Commission.
SEC. 77. Determination of Septic Tank 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 on 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:
- It shall consists 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.
- The pit shall be at least one meter square.
- The floor should cover the pit tightly to prevent the entrance of flies. It shall be constructed of concrete or other impervious material.
- The water-sealed bowl shall be joined to the floor so as to form a water-tight and insect proof joint.
- A suitable building, shall be constructed to provide comfort and privacy for the users of the privy.
- Wooden floors and seat risers shall not be used.
SEC. 79. Drainage.—
- 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.
- Connection to the municipal drainage system.— Buildings or premises producing waste 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.—
- Patients given high doses of radioactive isotope for therapy should be given toilet facilities separate from those used by "non-radioactive" patients.
- 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, rabbish, ashes, night soil, manure, dead animate, street sweepings and industrial wastes.
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.—
- Occupants of buildings and residences shall provide a sufficient number of receptacles for refuse. Re fuse in receptacles shall be protected against vermin and other animals.
- 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.
- Refuse shall not be thrown in any street, sidewalk, yard, park or any body of water. It shall be stored in a suitable container while awaiting its final disposal.
- 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.
- 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. Definitions of Terms.—As used in this Chapter, the following terms shall mean and include:
- Nuisance.—Anything that injures health, endangers life, offends the senses or produces discomfort to the community.
- Offensive trades or occupations.—These are the following :
- Soap boiling;
- Guts cleaning;
- Coiling of offal, bones, fat or lard; [*]
- Manufacturing of glue or fertilizer;
- Skin curing;
- Scrap processing;
- Manure storing;
- Lime burning;
- Lye making; and
- 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:
- Public or private premises maintained and used in a manner injurious to health;
- Breeding places and harborages of vermin;
- Animals and their carcasses which are injurious to health;
- Accumulation of refuse;
- Noxious matter or waste water discharged improperly in streets;
- Animal stockage maintained in a manner injurious to health;
- Excessive noise; and
- Illegal shanties in public or private properties.
SEC. 86. Responsibilities of Owners, Managers or Operators.—The Owners, managers or operators of establishment shall:
- Secure a sanitary permit from the local health authority before establishing and operating their business or trade;
- Remove daily all injurious by-products and wastes;
- Prevent the escape of industrial impurities and adopt methods to render them innocuous;
- Maintain working establishments and their premises clean and sanitary at all times;
- 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. 480, and the rules and regulations of the Radiation Health. Office of the Department of Health shall be applied and enforced.
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:
- Pollution of pesticides and heavy metals;
- Pollution of food caused by chemicals, biological agents, radioactive materials, and excessive or improper use of food additives;
- Non-ionizing radiation caused by electronic products such as laser beams or microwaves;
- Noise pollution caused by industry, land and air transport and building construction;
- Biological pollutants including the causative agents of intestinal infections;
- Pollution of agricultural products through the use of chemical fertilizers and plant pesticides containing toxic chemical substances and unsanitary agricultural practices; and
- 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:
- Burial grounds—cemetery, memorial park of any place duly authorized by law for permanent disposal of the dead.
- Embalming—preparing, disinfecting and preserving a dead body for its final disposal.
- Embalmer—a person who practices embalming.
- Undertaking—the care, transport and disposal of the body of a deceased person by any means other than embalming.
- Undertaker—person who practices undertaking.
- Funeral establishment—any place used in the preparation and care of the body of a deceased person for burial.
- Remains—the body of a dead person.
- Burial—Interment of remains in a grave, tomb or the sea.
- Disinterment—the removal or exhumation of remains from places of interment.
SEC. 90. Burial Grounds Requirements.—the following requirements shall be applied and enforced:
- 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.
- A burial ground shall at least be 25 meters distant from any dwelling house and no house shall be constructed within the same distance from any burial ground.
- 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:
- No remains shall be buried without a dead 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 occurred. The death certificate shall be forwarded to the local civil register within 48 hours after death.
- Shipment of remains abroad shall be governed by the rules and regulations of the Bureau of Quarantine.
- Graves where remains are buried shall be at least one and one-half meters deep and filled well and firmly.
- The cost of burial of a dead person shall be borne by the nearest kin. If the kin is not financially capable of defraying the expenses or if the de ceased had no kin, the cost shall be borne by the city or municipal government.
- The burial of remains in city or municipal burial grounds shall not be prohibited on account of race, nationality, religion or political persuasion.
- 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.
- Except when required by legal investigation or when permitted by the local health authority, no unembalmed remains shall remain unburied longer than 48 hours after death.
- When the cause of death is a dangerous communicable disease, the remains 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:
- Permission to disinter remains of persons who died of non-dangerous communicable diseases may be granted after a burial period of three years.
- Permission to disinter remains of persons who died of dangerous communicable diseases may be granted after a burial period of five years.
- 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 or his duly authorized representative.
- In all cases of disinterment, the remains shall be disinfected and placed 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:
- Scope of inclusion—for the purposes of this Section, requirements prescribed herein shall be applied and enforced to funeral chapels, embalming establishments and morgues.
- Sanitary permit—No establishment mentioned in the preceding paragraph shall be operated with out a sanitary permit issued by the Secretary or his duly authorized representative. This permit shall be revoked in case of any violation of the provisions of this Chapter and the rules and regulations promulgated by the Secretary.
- Classification—Funeral establishment shall be classified in three (3) categories which are described as follows:
- Category I.—Establishments with chapels, and embalming facilities and offering funeral services.
- Category II.—Establishments with chapels and offering funeral services but without embalming facilities.
- Category III.—Establishments offering only funeral services from the house of the deceased to the burial ground.
- They should be constructed of concrete or semi- concrete materials with sufficient space to accommodate five bodies at one time.
- The floors and walls shall be made of concrete or other durable impervious materials.
- Ventilation and lighting should be adequately provided.
- 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.
- Embalming and assistants shall use rubber gloves when working.
- 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:
Issuance of license to practice—
- Any person who desires to practice undertaking or embalming shall be licensed to practice only after passing an examination conducted by the Department.
- Licensed undertakers or embalmers shall practice undertaking or embalming in accordance with requirements prescribed by the Department
- Licensed undertakers or embalmers shall display their licenses conspicuously in the establishments where they work.
- An undertaker or embalmer shall apply annually for a registration certificates and pay an annual registration fee of twenty-five pesos to the Regional Health Office concerned.
- The first registration certificate issued shall cover the period from the date of issuance to the last day of the current year. Subsequent certificates shall bear the date of January 1 of the year of issue and shall expire December 31 of the same year.
- Certificates of registration shall be posed conspicuously in establishments concerned.
SEC. 95. Autopsy and Dissection of Remains.—The autopsy and dissections of remains are subject to the following requirements:
Persons authorized to perform these are:
- Health officers;
- Medical officers of law enforcement agencies; and
- Members of the medical staff of accredited hospitals.
- Whenever required by special laws;
- Upon orders of a competent court, a mayor and a provincial or city fiscal;
- Upon written request of police authorities;
- Whenever the Solicitor General, provincial or city fiscal as authorized by existing laws, shall deem it necessary to disinter and take possession of remains for examination to determine the cause of death; and
- Whenever the nearest kin shall request in writing the authorities concerned to ascertain the cause of death.
- The Director of the hospital shall notify the next of kin of the death of the deceased and request permission to perform an autopsy.
- Autopsy can be performed when the permission is granted or no objection is raised to such autopsy within 48 hours after death.
- In cases where the deceased has no next of kin, the permission shall be secured from the local health authority.
SEC. 96. Donation of Human Organs for Medical, Surgical and Scientific purposes.—Any person may donate an organ or any part of his body to a person, a physician, a scientist, a hospital or a scientific institution upon his death for transplant, medical, or research purposes subject to the following requirements:
- The donation shall authorized in writing by the donor specifying the recipient, the organ or part of his body to be donated and the specific purpose for which it will be utilized.
- A married person may make such donation with out the consent of his spouse.
- After the death of a person the next of kin may authorize the donation of an organ or any part of the body of the deceased for similar purposes in accordance with the prescribed procedure.
- If the deceased has no next of kin and his remains are in the custody of an accredited hospitals, the Director of the Hospital may donate an organ or any part of the body of the deceased in accordance with the requirement prescribed in this Section.
- A simple written authorization signed by the donor in the presence of two witnesses shall be deemed sufficient for the donation of organs or parts of the human body required in this Section, notwithstanding the provisions of the Civil Code of the Philippines on matters of donation. A copy of the written authorization shall be forwarded to the Secretary.
- Any authorization granted in accordance with the requirements of this Section is binding to the executors, administrators, and members of the family of the deceased.
SEC. 97. Use of Remains for Medical Studies and Scientific Research.—Unclaimed remains may be used by medical schools and scientific institutions for studies and research subject to the rules and regulations prescribed by the Department.
SEC. 98. Special Precautions for Safe Handling of Cadavers Containing Radioactive Isotopes.—
- Cadavers containing only traces (very small dose) of radioactive isotope do not require any special handling precautions.
- Cadavers containing large amounts of radioactive isotopes should be labeled properly identifying the type and amount of radioactive isotopes present and the date of its administration.
- Before autopsy is performed, the Radiation Health Officer or his duly authorized representative should be notified for proper advice. The pathologist and/or embalmer should be warned accordingly of the radioactivity of the cadaver so that radiation precautions can be properly enforced.
- Normal burial procedures, rules and regulations may be carried out on the above mentioned cadavers provided that their amount of radioactivity has decayed to a safe level which will be determined by the Radiation Health Officer or his authorized representative.
- Cremation—If cremation is performed without autopsy, there is no handling problem; other wise, autopsy precautions should be strictly enforced. Precautions should be taken to prevent any possible concentration of radioactivity at the base of the stack of the crematorium.
SEC. 99. Responsibility of the Regional Director.—The Regional Director shall:
- Act on applications for the establishment of burial grounds; and
- Close any burial ground which is a menace to public health.
SEC. 100. Responsibility of the Local Health Authority.—The local health authority shall:
- Administer city or municipal cemeteries;
- Issue permits to inter, disinter or transfer remains;
- Apply prescribed measures when cause of death is due to a dangerous communicable disease.
- Keep records of death occurring within his area of jurisdiction; and
- 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:
- Reserve appropriate tracts of land under their jurisdiction, for cemeteries subject to approval of Regional Directors concerned;
- Utilize judiciously grants, gifts, bequests of property or financial donations for the establishment or improvement of cemeteries; and
- Close cemeteries under their jurisdiction subject to approval of the Regional Director.
SEC. 102. Penal Provisions.—
- 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.
- 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.
- 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.—
- 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 be 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.
- 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 a misdemeanor and punishable upon conviction 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.
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 well 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.
(Sgd.)
(Sgd.)
Presidential Assistant
[*] Permissible if process is performed in a public slaughterhouse under prescribed regulations.
[*] The use of such chemicals is permissible in the practice of pharmacy and in printing where read-made lead types are used.
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