funeral establishments

7/28/2019 Funeral Establishments

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Implementing Rules andRegulations to Govern theProcessing of Applications forLocational Clearance of

FUNERALESTABLISHMENTSAS AMENDED


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ACKNOWLEDGMENT

The Rules and Standards Development Group (RSDG) of the Housing and LandUse Regulatory Board (HLURB) acknowledges the following for their invaluableinputs in the form of comments and suggestions which were manifested duringtheir active participation in the various fora intended for the improvement andupdating of the Implementing Rules and Regulations (IRR) for FuneralEstablishments and via written inputs sent to the Central Office:1 . Department of Health2 . Arlington Memorial Chapel3. Capitol Memorial Cha pels, Inc.4 . Funeraria Paz, Inc.5. Loyola Memorial Chapels6. Nacional Mem orial HomesWe would like to acknowledge as well the assistance extended by the Regionaland Central Staff of the Board for their kind cooperation in the provision ofnecessary inputs, comments and suggestions relative to the refinement of thisamended rules.


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TABLE OF CONTENTSPAGE

RULEI Definition of Terms 1II Application for Locational Clearance 2

Section 2 Scope and Coverage 2Section 3 Application for Locational Clearance 3A. Requirements 3B. Locational Clearance 3C. Inspection 3D. Evaluation 4

Ml Design Standards and Requirements 4A. General Guidelines

1. Site Criteria 42 . Planning Considerations 5

B, Sanitary Permit 60. Sanitary & Utility Requirements for Funeral Chapels 6D. Sanitary Requirements for Embalming & Dressing Room 7E. Sanitary Requirements for Morgue 8F. Facility Requirements 9G. Minimum Area Requirements 10

IV Transitory Provision 13V Miscellaneous Provisions . 13

Section 5 Monitoring 13Section 6 Fees 13Section 7 Finos and Penalties 13Sections Effectivity 13


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I M P L E M E N T I N G R U L E S A N D R E G U L A T I O N S T O G O V E R NT H E P R O C E S S I N G O F A P P L I C A T I O N S F O R L O C A T I O N A LC L E A R A N C E O F F U N E R A L E S T A B L IS H M E N T S A S A M E N D E D

Th e fo l lowing Rules and Regula t ions are hereby prom ulgated, pursuant to the po l i c iesand ob ject i ves embodied in Execut ive Order No. 648, the char ter o f the HumanSet t lements Regula tory Com miss ion , now Hou sing and Land Use Regula tory Board,speci f ical ly Art ic le IV Sect ion 5 (c) .These Rules and Regulat ions shal l apply to al l appl icat ions for locat ional c learance ofFunera l Estab l i shments w i th the Board or the Loca l Governmen t Un i ts conc erned.

R U L E IDEFIN IT ION OF TERMS

Section 1. Def in it ion of Term s. As used in these Rules, the fol lowingdef in i t ions/descript ions shal l apply:1 . Board - sha l l mean the Hous ing and Land Use Regula tory Board .2 . Chap el - a lso ca l led Repo sing and/or S lum ber room . It i s where the deceasedis tempo rari ly la id to rest for v iewing by the m ourn ers.3. Com pat ib i l i ty Use - uses or land act iv i ties capa ble of exist ing togetherharmonious ly .4 . Dom inant La nd Use - shal l mean that pervasive land use wi thin a perimeter of

50 0 meter rad ius from a speci f ic parcel of land or bui ld ing.5. Em balm ing - prep aring , dis infect ing and prese rving dea d body before i ts f inald isposa l .6 . Em balm ing Estab l i shment - a p lace where a body o f a hum an be ing isembalmed or t reated for buria l wi th preservat ives.7. Em balm er - a duly l icensed person wh o app l ies, in jects, or int roduce s any

chemical substance or drug or herbs internal ly or external ly to dead human bodyfor the purpose of embalming, dis infect ing and preserving i t .8 . Fune ral Estab l ishme nt - includes funeral parlors, funeral cha pels an d anysimi lar p lace used in the preparat ion, storage and care of the body of a

deceased person for buria l or cremat ion.


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Funeral Es tablishments shall be classified as follows:8.1 Category I - funeral establishments with chapels and emba lmingfacilities an d offering funera l services;8.2 Category It - funera l establishm ents with chape ls and offeringfuneral services without em balming facilities; and8.3 Category III - funeral establishm ents offering only funeral servicesfrom the house of the deceased to the burial place,

9. Funeral Services - this covers all undertaking, em balming and brought to burialsite and crematorium.1 0. Morgue - a place in wh ich dead bodies are temporarily kept pendingidentification or burial.1 1 . Preparation Room - the place/room for dressing and cosmetizing the deceas ed.1 2. Rules - shall mean the Rules Implementing the Design Standards andGuidelines for Funeral Establishments.1 3. Sanitary Permit - the permission or certification in writing of the city ormunicipal health officer or in his absence the chief or head of the SanitationDivision/Section/Unit that the establishment complies with existing sanitationrequirements upon evaluation or inspection conduc ted in accordance withPresidential Decree No . 522 and 856 an d local ordinances.1 4 . Undertaker - a duly licensed person who practices the care, transport anddisposal of the body of a deceased person by any means other than embalming.1 5. Undertaking - the care, transport and disposal of the body of a deceasedperson by means other than embalming.1 6. Viewing R oom - any enclosed place where the family can view the preparation ofthe remains.

RULE IIAPPLICATION FOR LOCATIONAL CLEARANCE

Se ction 2. Sc ope and Co ve rag e. These Rules and Regulations shall apply todevelopment and/or expansion of existing funeral establishments.


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Se ction 3. Ap pl ica t ion for Loca tiona l Clea rance . A registered owner of a parcel ofland who wishes to utilize the sam e as site for Funeral Establishment/s shall app ly withthe Board or the Local Government Unit concerned pursuant to Executive O rder No . 71and Executive Order No. 72 for the approval of plans for funeral establishments byaccom plishing and filing in duplicate the following:A. Requirements for LC/Other Permits

1 . Vicinity MapDrawn to the scale of 1:10,000 showing clearly and specifically the exactlocation of proposed site and all existing adjacent landuses/establishments within 500-me ter radius.

2 . Site Development PlanDrawn to the scale of 1:200 indicating lot property bo undaries, buildinglayout and future expansion area (if any), entrance or exit to the mainservice road and parking.

3. Transfer Certificate of Title (TCT) or contract of sale or lease together withan approved su rvey plan if available.4. After securing a locational clearance, obtain an initial clearance from thecity or municipal health office that the plans are in accordance with theprovisions of PD 856 per Funeral Estab lishmen ts Category I, II and III.5. Floor plan showing the different areas or rooms within the building .6. Environmental Com pliance Certificate (ECC) from DEN R for Category Iproject, prior to application for building permit.

B. A Locational Clearance is required for all proposed Funeral Establishments to belocated in cities and municipalities with or without Comprehensive Land UsePlans and/or Zoning Ordinances.C. Inspection

Inspection of the proposed site shall be conducted considering the followingfactors;1 . Conformity of the project to the land use plan/zoning ordinance orcompatibility of the project to the dominant existing land use in the localityin the absence of a land use plan/zoning ordinance.


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2. Accessibility3. Presence of/or the ability to provide utilities/facilities in the site .4. Degree of traffic gene ration.

This provision shall be in accordance with the Local Government Unitconcerned on traffic management, especially during wakes (evening) oractual interment.5. Determine if proposed site is flood prone (through observation, interview,etc.)

D. EvaluationEvaluation shall be based on substantial conformance to the herein standardsand provisions of applicable codes.1 . PD 825 (Providing Penalty for Improper Disposal of Garbage and otherForms of uncleanliness and for Other Purposes) and its ImplementingRules and Regulations prescribing and regulating disposal of wastes inpublic places to promote environmen tal sanitation.2. PD 856, Code on Sanitation of the Philippines and its ImplementingRules and Regulations regulating the establishme nt of all trades andoccupations, institutions, commercial undertaking, refuse disposalsystem, sewage collection and disposal system, etc. in accordance withprescribed guidelines and standards promoting environmentalsanitation h ygiene.3. Other related rules and regulations.

RULE IIIDESIGN STANDARDS AND REQUIREMENTS

Sect ion 4. Design Standards and Requi rementsA. General Guidelines

1 . Site Criteria1.1 Conformity with Zon ing Ordinance/Lan d Use Plan


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a.. Funeral Establishments shall be allowed in the following zonessubject to R ule III Sec. 4.A. 1 .1 cCategory I - C2 (Medium Density Com mercial Zone)Category II - GRZ (General Residential Zone)GCZ (General Commercial Zone)C1 (Low D ensity Comm ercial Zone)C2 (Medium Density Commercial Zone)GIZ (General Institutional Zone)SIZ (Special Institutional Zone)Category III - GRZ (Gene ral Res idential Zone)GCZ (General Commercial Zone)C1 (Low Density Commercial Zone)C2 (Medium Density Commercial Zone)GIZ (General institutional Zone)SIZ (Special Institutional Zone)

b. Catego ry II & III mus t have an existing valid contract with aCategory I establishment for embalming purposes.c. Any shift or change from a lower Category to a higher Categoryshall be subject to Rule III Sec. 4 A 1 . 1 a ; F and G of these rules.1.2 Physical Suitability

No funeral establishment/s shall be allowed in floodprone areas.1.3 Accessibility

a. The site must be served by a road and accessible by publictransport.b. Funeral establishment/s shall be at a minimu m radialdistance from the following: 1) restaurants, food center andother food establishments - at least 25 meters; 2) markets -at least 50 meters; 3) abattoirs, schools and hospitals - atleast 200 meters. ( See Figure I)

2. Planning Considerations2.1 Funeral establishments and all properties therein shall be used for


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funeral purposes only including flower shop with propermaintenance of the prem ises.2.2 MaintenanceMaintenance of the funeral establishment/s shall be the soleresponsibility of the owner /operator.

2.3 EasementsWhere such project is traversed by a water course, drainage way,channel or stream , an easement or right-of-way prescribed bythe Forestry and Water Code must be maintained.Easement for public utilities shall likewise be provided and shallconform with relevant codes.

2.4 Setbacks and Parking RequirementsSetback and parking requirements for all categories of funeralestablishments shall be in accordance with the provisionsspecified in the National Building Code and its updatedImplementing R ules and R egulations (1RR).

B. Sanitary Permit (as per IRR Chap ter XXI of the Code on San itation of thePhilippines PD 856)1 . No establishment mentioned in the preceding paragraph shall beoperated without a sanitary permit issued by the city or municipal healthofficer where it is located.2. Any extension or additional construction or alteration in an establishmentshall require a new+sanitarypermit before it could be operated.3. The sanitary permit shall be posted in a conspicuou s place of theestablishment.4 . Sanitary permit shall be renewed ann ually.

C. Sanitary and Utility Requirement for Funeral Chap els (as per IRR Chapter XXI ofthe Code on Sanitation of the P hilippines PD 856)1 . Funeral chapels shall be adequately lighted and ventilated. Powersupply shall be connected to an approved public or commercial powersupply system . In addition, a stand by power generator must be

provided. .


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2. Each funeral establishment shall be provided with sanitary facility as perDOH standard,3. There sha ll be adequate potable water always available for use of itspersonnel and visitors. W here available it shall be connected to anapproved public or community water system.

4 . The food preparation area shall be in accordance w ith Chapter III - "FoodEstablishments" of the Code on Sanitation of the Philippines (PD 356)and its implementing Rules and Regulations.5. A DOH approved sewage disposal system shall be provided subject to

the requirements of the Code on Sanitation of the Philippines (PD 856)and its implementing Rules and Regulations.6. There shall be two (2) waste receptacles one for biodegradable and theother for non-biodegradable waste with tight-fitting cover and placed inappropriate visible location for easy access and collection in accordancewith Chapter XVIII - "Refuse Disposal" of the Code on Sanitation of thePhilippines (PD 856) and its Implementing Rules and Regulations.7. A regular vermin abatement program shall be maintained in accordancewith Chapter XVI - "Vermin Control" of the Code on Sanitation of the

Philippines (PD 056) and its Implementing Rules and Regulations.D. Sanitary Requirements for Em balming and Dressing Room (as per IRR ofChapter XXI of the Code on Sanitation of the Philippines PD 856)

1 . Embalming and dressing rooms shall be constructed of concrete or semi-concrete m aterials.2. There shall be provided a minimum working space of 1.50 m. x 2.0 m. forevery remains.3. The floor sha ll be cons tructed of concrete or other impe rvious or easilycleaned material that is resistant to wear and corrosion and shall besloped to drain; all angles between the floors and the walls shall berounded off to height of not less than 7.62 cm. (3 inches) from the floor.

4. Floor drains shall be provided. It shall be constructed an d sloped to drainthat all washing and body fluids shall flow to waste water treatment facilityseparate from the septic tank. AH solid wastes which include pathologicaland infectious wastes shall be placed in receptacles lined with yellowplastic bag while sharps shall be placed in receptacles lined with redplastic bag or any approved type of sharps collector.


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5. The internal surface of walls shall have a smo oth, even , non-absorbentsurface easily cleaned without damage to the surface and constructed ofdust-proof m aterials.

6. AH ceilings or if no ceiling is provide d, the entire u nder-surface of the roofshall be dust-proof an d washable.7. All lightings shall be free from glare and distributed so as to avoid

shadows.8. Ventilation shall be provided which shall be effective and suitable tomaintain comfortable cond ition. The n atural air supp ly in any room sh all

in no instance be less than 0.005 cubic m eter per second per person.9. Em balming shall be performed on a table made of single marble slab oraluminum, stainless steel or other equally impervious materials with aminimum size of 0.60 x 1.80 m .1 0. Embalmers and assistants shall use personal protective equipments suchas rubber gloves, aprons, boots and safety goggles wh ile working .1 1 . Washing facilities with soaps, detergents and germicidal solutions shallbe provided for use of the working p ersonne l.

1 2. Embalmers and assistants shall be provided with lockers and closets forpersonal protective equipment and a separate closet for chemicals usedfor emb alming.E. Sanitary Requirements for Morgue (as per IRR of Chapter XXI of theCode on Sa nitation of the P hilippines PD 856 )

1 . LocationThe morgue shall be constructed either as a separate structure or part ofthe funeral and emb alming establishme nts. In either case, strict privacymust be maintained.

2. SizeThe size of the m orgue depends o n the num ber of remains to be stored.The cadavers shall be contained in tanks divided into compartments.Each compartment must have the following dime nsions: length of 2,50meters, width of 1.50 m eters and a depth of 2.50 m eters. Everycompartment shall be provided with a drain pipe leading into a separate


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compartment shall be provided with a drain pipe leading into a separatewaste water treatment facility from the septic tank. The cover of eachcompartment sh all be provided with tight fitting lids .3. Lighting and Ventilation

The aggregate window area shall not be less than 1/10 of the floor area.The room shall be well ventilated an d well lighted . In addition to thoseopen ings, exhaust ducts of at least 1/50 of the floor area shall be providedin the ceiling or as close to the c eiling as p ossible.Facility RequirementsMinimu m facility requ irements shall depend on type of funeral establishme ntenume rated as follows:Category I1 .2 .3.4 .5.6.7.8.9.1 0.

Adm inistration O fficesChapelsFamily roomPreparation roomSelection room/casket display roomComfort roomGarageParking areaViewing room (optional)Embalming room

Category II1 .2.3.4.5.6.7.

Administration officesChapelsFamily roomSelection room/casket display roomComfort roomsGarageParking area

Category III1 .2 .3.4.

Casket display areaBusiness areaStorage roomGarage


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6. Parking areaG. Minimum Area Requirements*

1 . Size of Funeral Establishment shall depend on the category given asfollows:Category I - minimum land area of 600 square metersCategory II - minimum land area of 42 0 square metersCategory III - minim um land area of 28 0 square meters

2. Adm inistration OfficesThe administration offices shall include the manager's office, clericalpool's office, clinic, employee's locker and quarters and storage rooms.A minimum area of 25 sq . m. for personnel and 1.10 sq . m. for eachadditional pe rsonnel.

3. Cadaver Viewing Room (Optional)A m inimum area of 30 square meters

4. Embalming RoomMinimum area of 30 sq. m. to accommodate 4 cadavers/remains at onetime and 3 sq . m. for each additional cad avers/remains.

5. Family RoomsFamily rooms connecting to the chapel must have a minimum area of 20sq. m. and at least 43. 20 cubicmeter of air space.

*As agreed among participants and DOH in the consultation meeting on funeralestablishments conducted by HLU RB.


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6. Family Room Com fort Room(1 water closet, 1 lavatory, 1 urinal, 1 shower) - a minimum of 5 sq.m./comfort room.

7. Funeral Chap elsChapels must be able to accomm odate a variable number of visitors, witha minimum area of 45 sq. m. for 30 persons and at least 1.77 sq. m. foreach additional person.

8. GarageMinimum area of 15 s q. m . for each funeral car

9. Morgue/Preparation RoomA minimum area of 60 sq. m. to accommodate 4 cadavers/remains at onetime (3 sq. m. for each additional cadavers/remains) and 4 cadaver tanks(3.75 s q. m. for additional tanks)

1 0. Parking AreaMinimum area of 50 sq. m . for each chapel

1 1 . Selection Room/Casket Display RoomA minimum area of 40 sq. m.

1 2. Communal Comfort Room (for Funeral Establishments)


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A. Male Comfort Room

No. of MalesBelow 5050-100For each additional100 persons

Water Closet121

Urinal-

11

Lavatory121

Source: DOH StandardsB. Female Comfort Room

Number of FemalesBelow 3030-100For each additional 50femalesFor each additional 100females

Water Closet121

Lavatory12

1

Source: DOH StandardsC. Funeral Parlor Personnel

Number ofPersonnel

Below 3030-4950-99For each additional50 personnel

Water ClosetMale

1121

Female1221

MaleUrinal

121

LavatoryMale

1231

Female1231

Source: DOH Standard


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RULE IVTRANSITORY PROVISION

The owner of a non-conforming Funeral Establishment shall program the phase-out'.. location of the non-conforming use within five (5) years from the effectivity of thisRule.

RULE VMISCELLANEOUS PROVISIONS

Se ction 5. M on itor ing . The DOH /LGU, may exercise its right to monitor funeralestablishm ent projects granted locational clearance. It may exercise visitorial power atany reasonable hours during weekda ys.Se ction 6. Fee s. As per HLUR B Resolution No. 622 series of 1 998 adopting arevised schedule of fees charged and collected by the Board , the following locationalclearance fee shall be collected based on the following project cost:

1 . Project cost of P1 00,000 .00 and below - P 1,000.002 Over PI0 0,0 00 nn - P 1,000 00 + 1/10 of 1 % ofcost in excess of P 1 00,000

Se ction 7. Fines and Pe nalties . Violation of any of the provisions of these Rulesshall be subject to fines and penalties provided for in HLURB schedule of fines as perResolution No. 622 series of 1998.S ec tio n 8. E ffe ctiv ity. These Ruler, and Regulations shall take effect after thepublicaton for two consecutive weeks in two newspapers of general circulation.


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PROJECT STAFFRULES AND STANDARDS DEVELOPMENT GROUP (RSDG)

DELIA D, JOSEFGroup Head

TECHNICAL STAFFMarissa R. FelizardoFelipe D. TolentinoAngelita C. AgustinCarmencita J. DumaliangAnnabelle F. GuanzonJemima M . RagudoJulie A. TorresJosefina R. de Lara

CARTOGRAPHYEmma C. UlepAntonio R. RodriguezRuth Hazel R. ArmendiTeodorico R. AlonzoAlice A. R eyes

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