Republic of the Philippines

Province of Iloilo

MUNICIPALITY OF MIAG-AO

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OFFICE OF THE SANGGUNIANG BAYAN

ORDINANCE NO. 96-04

AN ORDINANCE REGULATING THE OPERATION OF BOARDING HOUSES IN THE MUNICIPALITY OF MIAG-AO AND FOR OTHER PURPOSES

Be it ordained by the Sangguniang Bayan that:

SECTION I. SCOPE. The ordinance shall regulate the business and operations of boarding houses in the Municipality of Miag-ao.

SECTION 2. LICENSING. No person shall own, keep, maintain, operate or conduct any house or place for accommodation of boarders or bedspacers for compensation or rent without first having obtained a Mayor’s permit, sanitary permit, fire safety inspection permit and paying such other required taxes, fees, and other charges under existing ordinance.

SECTION 3. DEFINITION OF TERMS. For the purpose of this ordinance, the following terms and words shall be taken to mean as:

“Boarding House” Any house where boarders are accepted or accommodated for compensation by the week, or by month, and where meals are served to boarders; or where boarders occupy space only. For the purpose of this ordinance, a boarding house includes any dormitory.

“Boarders” Any person who lives or is accommodated in a boarding house by paying for his board and bed (lodging) or renting the room for himself without the board (food).

“Bedspacer” Any person who lives or is accommodated in a boarding house by paying for bedspace only, and cooking or buying his/her food for subsistence.

“Commission” Municipal Boarding Housing Commission.

SECTION 4. CLASSES OF BOARDING HOUSES.  Boarding Houses shall be classified as follows:

CLASS “A”

1. Made of strong materials;
2. Forty (40) meters reception area with radio, television and telephone;
3. Room accommodation measuring at least twenty (20) sq. meters;
4. Accommodates four (4) persons in one room;
5. Ratio of one (1) bathroom for seven (7) persons and one (1) toilet for seven (7) persons;
6. Sufficient water supply with storage tanks;
7. Adequate space for kitchen;
8. Bedrooms are lighted with fluorescent lamp with at least one (1) convenient outlet with food ventilation;
9. Telephone availability for local calls.

CLASS “B”

1. Made of strong materials;
2. Reception area of at least thirty (30) sq. meters with television and telephone;
3. Room accommodation measuring at least twenty (20) sq. meters;
4. Accommodates between four (4) to six (6)person in one (1) toilet for nine (9) persons;
5. Ratio of one (1) bathroom for nine (9) persons and one (1) toilet for nine (9) persons;
6. Sufficient water supply;
7. Sufficient kitchen area; and
8. Bedrooms are well ventilated with fluorescent lamp.

CLASS “C”

1. Made of strong materials;
2. Double decks bed;
3. Toilet and bathroom at a ratio of one (1) bathroom to ten (10) persons; and
4. Well ventilated rooms and with fluorescent bulb per room.

CLASS “D”

All others not falling under any of the above classification. Provided however, that boarding house shall be equipped with a fire extinguisher at a ratio of one (1) fire extinguisher for every twenty (20) persons or fraction thereof. The said fire extinguisher shall be placed in strategic areas of the boarding house.

Provided furthermore, that where a boarding house accommodates more than twenty (20) boarders, the house must be installed with a fire alarm system and have an adequate fire exit aside from the main door.

Provided finally, the purpose of identification, the owner/operator of a boarding house/dormitory shall put a signboard which shall be placed prominently at the house containing the following data:

1. Trade name or style
2. Class
3. Owner
4. Telephone Number (If any)

Furthermore, signboards shall be uniform in specifications and shall be procured by the commission and color coded for easier identification as to “class”, and shall be provided to the owners/operators of the boarding houses/dormitories at reasonable cost.

SECTION 5. ADMINISTRATIVE PROVISIONS.

1. Owners, operators of boarding house must secure a Mayor’s Permit before operating a boarding house and shall renew the same from January 1 to 20 of each year.

2. The application for Mayor’s permit shall comply with it:

a. Sanitary permit;

b. fire safety clearance;

c. registration of business name;

d. BIR clearance

e. Boarding House Commission Clearance.

Provided furthermore, that operators/owners will provide basic facilities to bedspace boarders with ratio as follows:

a. there will be one (1) comfort room for seven (7) bedspacers/boarders;

b. there will be one (1) bathroom for seven (7) bedspacers/boarders;

c. availability of telephone for local call only for boarders/bedspacers (if available).

SECTION 6. RATES.

The owners or operators of a boarding house shall charge the rates shall be prescribed by the Municipal Boarding House Commission every year before the start of each school year with the following class:

CLASS “A”

a. Board and Lodging

b. Bed space only

CLASS “B”

a. Board and Lodging

b. Bed space only

CLASS “C”

a. Bed space only

CLASS “D”

a. Bed space only

Any additional charge on electric consumption by the boarders using personal radio cassette or television set shall be by mutual agreement between owner/operator and the boarder, provided, however, that the additional charges shall be reasonable and not exorbitant.

Any stipulation of agreement to the contrary notwithstanding, the boarder shall promptly and regularly pay his rent or bills on or before the fifth (5^th) day of the succeeding two months advance.

SECTION 7. BUSINESS LICENSE APPLICATION.

Every person desiring to secure a Mayor’s permit and/or license to own, keep, operate, conduct or maintain any boarding house shall state in his application a sworn statement detailing the following:

a. The kind of construction of the building;

b. The size, ventilation and lighting of each room;

c. Toilet, bathroom and sanitary facilities;

d. The greatest number of persons that can be accommodated at any time;

e. Safety exit.

SECTION 8. CONTRACT

The owner or operator of a boarding house and the boarders shall execute a written contract stipulating the period of stay, the rate per month and the nature of facilities. Provided, that the stipulation of the contract shall be in accordance with the provision of this ordinance and such other applicable laws and ordinance. In the absence of any written contract, the duly filled and signed registration form shall be considered as the agreement between parties.

SECTION 9. BOARDING HOUSE REGISTER INSPECTION.

No owner, manager or operator of a boarding house shall accept a boarder unless he or she has signed his/her name, entered his/her home address, residence certificate (if applicable) and personal circumstances in a register of boarders.

Minors less than eighteen (18) years old shall not be accepted unless accompanied by one of the parents or lawful guardian at the time of registration. Every owners of boarding house shall keep and carefully preserve a well-bound register of boarders, which shall be open to the inspection of lawful authorities or members of the commission or their duly designated representatives.

SECTION 10. HOUSE RULES AND REGULATIONS.

The owners or operator of boarding houses shall post in each room and reception room, in printed form, a house rules and regulations for the information and guidance of the boarders, shall prohibit, among others, gambling, use of prohibited drugs or regulated drugs without a doctor’s prescription, and other violation of laws, rules and regulations.

SECTION 11. DUTIES AND RESPONSIBILITIES OF OWNERS/OPERATORS.

It shall be the duty and responsibilities of the owner or operator of boarding houses to maintain cleanliness of the boarding house and sanitation of the premises, undertaken major and minor repairs whenever necessary to prevent danger to life or cause injuries to boarders and shall see that the facilities are all in good condition. It shall also be the duty of the owner or operator to provide and institute safety and health measures, such as fire escape, locked doors, first aid kit or cabinet and others.

SECTION 12. DUTIES AND RESPONSIBILITES OF BOARDERS/BEDSPACERS.

It shall be the duties and responsibilities of the boarders/bedspacers to faithfully comply with the contract of accommodation or agreement, follow the house rules, regularly and promptly pay his/her bills or rent, such other obligations that will promote harmony, good order and mutual respect.

SECTION 13. MUNICIPAL BOARDING HOUSES COMMISSION.

There is hereby created an overnight body to be known as the Municipal Boarding House Commission to be composed of the following:

a. Chairman- to be designated by the Municipal Mayor, subject to the confirmation by the Sangguniang bayan members from among the ranks of non-government organizations or civic or service organizations;

b. Vice Chairman- the Municipal Engineer or his duly authorized representative;

c. Members- Chief, Municipal Fire prevention Office or his duly authorized representative;

- Municipal Health Officer, or his duly authorized representative;

- SK Federation President or his duly authorized representative;

- A representative from the student sector;

- A representative from the owners and operators of boarding houses.

The SK federation President, shall recommend three (3) nominees each from the student sector and association of the boarding houses to the Municipal Mayor who shall select and designate the representatives from both sector.

Expenses of the commission shall be provided as an annual budgetary allocation under the Office of the Municipal Mayor.

SECTION 14. FUNCTION AND DUTIES OF THE COMMISSION.

The commission in the exercise of its oversight function, shall have the following functions and dutes:

a. Formulate the issue, subject to the approval of the Sangguniang Bayan Members, rules and regulation necessary for the efficient and effective implementation of any and all provisions of this ordinance;

b. Meet regularly, but not often than once a month, to take up matters relative to the implementation of this ordinance and promote harmonious relations between the boarding house operator/ owner and boarders/spacer;

c. Undertake either by themselves or through their respective, ocular inspection of boarding houses to determine compliance with this ordinance and other related laws, rules and regulations, with the need in view that the interest of all concerned are well protected;

d. Recommend from time to time to the Municipal Mayor and the interests of the boarding house owners/operators, boarders/bedspacers, and the general public; and

Undertake such other program or action related to the smooth implementation of this ordinance, such as projects designed to recognize and award clean, well kept and maintained boarding houses.

SECTION 15. UPDATING OF PHYSICAL FACILITIES.

The boarding house operator/ owner shall have six (6) months from the effectivity of this ordinance within which to upgrade and improve the physical facilities of his boarding house to conform with the requirements of this ordinance, the building code, the fire code and other allied laws, rules and regulations.

Boarding house owners/operators shall allow the sanitary inspections, municipal engineer or his respective personnel of the Bureau of Fire Protection in the conduct of routinary inspection of the premises within reasonable hours of the day.

Provided however, that the owner/operator who improve and upgrade his boarding house facilities pursuant to this ordinance may petition the Sangguniang Bayan for local business tax exemption, through the commission, except the payment of other taxes and regulatort fees.

SECTION 16. PENALTIES.

Any person, owner, operator or keeper of boarding houses who shall violates the provisions of this ordinance shall pay a fine of not less than One Thousand (1,000.00) pesos but not more than Two Thousand Five Hundred pesos (2,500.00) or as imprisonment not exceeding six (6) months or both such fine and imprisonment at the discretion of the court, in addition to the revocation of permit to operate and closure of the boarding house.