WIXLIB

IMPLEMENTING RULES AND REGULATIONSTO GOVERN THE PROCESSING OF APPLICATIONFOR LOCATIONAL CLEARANCE OF MARKETSAS AMENDEDPursuant to the policies and objectives embodied in Executive OrderNo. 648, the Charter of the Human Settlements RegulatoryCommission now the Housing and Land Use Regulatory Board,specifically Article IV, Section 5, to wit:"(a) Promulgate zoning and other land use controlstandards and guidelines which shall govern land useplans and zoning ordinances of local governments; thezoning components of civil works and infrastructureprojects of the national, regional and localgovernments."and Executive Order No. 72, on devolved functions, the followingRules and Regulations are hereby promulgated .RULE IDEFINITION OF TERMSSection 1. Definition of Terms. As used in these Rules, thefollowing definitions shall apply:1.2.Board - shall mean the Housing and Land Use RegulatoryBoard.Rules - shall mean the Rules Implementing the DesignStandards and Guidelines for Markets.

3.Market - a general term referring to a public place, buildingor structure where commodities such as foodstuffs, waresand other merchandise may be bought or sold. It includesany of the following:3-13-23-33.43.53.63-7Public Market - a market owned, operatedand/or managed by the government intended toserve the general public.Private Market - a market owned, operatedand/or managed by private individuals or entities,cooperatives, institution or corporation.Food Terminal - a market where products suchas seafoods, fruits, vegetables and other foodmerchandise are being sold on a wholesale basis(e.g. fish landing, trading posts, "bagsakan","consignacion")Satellite Market/Talipapa - a type of marketwith less than 150 stalls that cater to a limitednumber of customers.Supermarket - a market distinct from a wet ordry market and larger than a grocery in whichshoppers serve themselves by using baskets orpushcarts in selecting commodities from shelves orcold display storage and pay their purchase at theexit.Wet Market - a market where most of thecommodities for sale are readily perishable foods.Dry Market - a market where most of themerchandise displayed for sale are dry goods.

RULE IIAPPLICATION FOR LOCATIONAL CLEARANCESection 2. Scope of Application. These rules and regulationsshall apply to all applications for locational clearance of newdevelopment or expansion of existing markets with the Board or thecity/municipality concerned.Section 3. Application for Locational Clearance ofMarkets. A registered owner of a parcel of land who wishes toutilize the same as site for market shall apply with the Board or thecity/municipality concerned per EO 72 , on the approval of locationalclearance, by accomplishing and filing in duplicate the following:A.Requirements 1.Letter of Application2.Vicinity map drawn to a scale of 1:10,000 showing theexact location of proposed site and all existing landuse/establishments within 500 meter radius from theproposed site and access road leading to it.3.Site development plan drawn to the scale of 1:200indicating lot property boundaries, circulation/roadnetwork, parking, building site/buildable area, futureexpansion, if any, signed and sealed by a LicensedEnvironmental Planner.4.Transfer Certificate of Title or Contract of Sale orLease5.Tax Declaration (current year)6.Environmental Compliance Certificate (ECC) orCertificate of Non-Coverage (CNC) from theEnvironmental Management Bureau (EMB) RegionalOffice as required under PD 1586, PhilippineEnvironmental Impact Statement System and itsImplementing Rules and Regulations.

7.B.C.D.Conversion Order (CO) or Exemption Clearance (EC)from the Department of Agrarian Reform (DAR), ifapplicable.Location and plans of markets shall be reviewed andverified by the local health officer through the sanitaryengineer and approved by the local health authority beforethey are established, constructed or alteredA sanitary permit from the local health officer is requiredbefore market is operated.A locational clearance shall be issued by the Housingand Land Use Regulatory Board (HLURB) or the localgovernment unit concerned only upon issuance of anEnvironmental Compliance Certificate (ECC) or Certificate ofNon-Coverage (CNC) by the DENR-EMB Regional Office.A zoning certificate shall be issued by the HLURB or thecity/municipality concerned prior to issuance of an ECC or CNC.For renovation/rehabilitation of old/existing market, nolocational clearance is required but an Alteration permit, if it has tion/rehabilitation shall be required for submission.E.Inspection. Inspection of the proposed site shall beconducted considering the following factors:1.2.3.4.Compatibility of the project to the land use plan/zoningordinance or in the absence of any of which, theexisting dominant land use in the area.Accessibility. No market shall be established beside anational or local road, if, due to the absence of ampleparking space within the vicinity of the market area, itshall cause obstruction to traffic.Presence of/or ability to provide utilities (power, watersupply, etc.) in the tation of an efficient traffic management plan.

5.F.Suitability of the site for the proposed activity.Evaluation. Evaluation shall be based on substantialconformance to the herein standards and provisions ofapplicable codes:12.3.4.PD 825 - prescribing and regulating disposal of wastein public places to promote environmental sanitationand hygienePD 856 - Sanitation Code of the Philippines and itsImplementing Rules and Regulations, Regulating theestablishment of all trades, occupations, industry,institutions, commercial undertakings, water system,refuse disposal system, sewage collection anddisposal system, vermin control, etc. in accordancewith prescribed guidelines and standards promotingenvironmental sanitation and hygiene.Duly approved city/municipal comprehensive land useplan and zoning regulationsNational Building Code and other related rules andregulations.RULE IIIDESIGN STANDARDS AND REQUIREMENTSSection 4. Design Standards and RequirementsA.General Guidelines1.LocationLocation must be within designated commercialzone/commercial area and is accessible preferablythrough an arterial street. Service access for trucks isessential for the delivery of goods and other services.

The market site shall be located at least 50 meters(164 ft.) from schools, religious institutions, publicoffices, funeral establishments and other publicgathering/places such as auditorium, public plazas and25 meters (82 ft.) from abattoirs and other possiblesources of contamination. (see figure 1)The market shall be located at a site within walkingdistance of 0.75 km to the nearest terminal.Population to be served ranges from 10,000 to150,000 people.If located near rivers, streams or lakes, the easementshall be in accordance with the Water Code of thePhilippines.2.TopographyThe land should be level to rolling terrain, or as long asclearing and grading will pose no problem in terms ofundue expense and soil erosion. The site should notbe subject to flooding.3.Soil Bearing CapacitySoil bearing capacity must be adequate to supportbuilding load.4.SizeThe size shall be large enough to accommodate allactivities in the center Lot shape shall be regular andpreferably be separated and within market site.

5.CirculationsPedestrian and vehicular circulation for the publicmarket should be properly planned to facilitateconvenience and efficiency.a. Access, loading and unloading of goods, customerand services should preferably be separated andwithin marketsb. Carrying capacities of roads and pedestrian walkwithin the site be adequately planned so as not toobstruct traffic flow along access road.6.ParkingParking space should be provided in accordance withthe National Building Code.a. Location of the parking area should be betweenthe stores and the streets such that it will be awayfrom the pedestrian areas.b. Separate area should be provided specifically forparking and queuing of public transport modessuch as tricycles, buses and jeepneys.7.Landscaping and BufferingThe market complex needs sufficient landscaping andbuffering. A minimum of five (5) meters for this purposemay be provided along perimeter of the site.8.UseThe market and all the properties therein shall be usedfor market purposes only. For wet markets, officesallowed are for the market master/employees andmarket cooperatives and cold storage establishment

(except for ice depository) should be located at least' 25 m. from the market 9.MaintenanceMaintenance of the market shallresponsibility of the owner/operator10.be the soleLocation of StallsStalls shall only be allowed inside the marketpremises. Construction of stalls and selling along thesidewalk and outside the market shall be penalizedunder Section 7 : fines and Penalties and otherpenalties defined under specific LGU ordinance.Utility Requirements (Per DOH ImplementingRules and Regulations of Chapter IV - Marketsand Abattoirs of t h e Code on Sanitation of t h ePhilippines - PD 856)1.Water Supplya.b.c.d.There shall be sufficient supply of potable watereither from the public main water supply or froman approved source.The quality of water used within the market shallbe in accordance with the Phil. National Standardsfor Drinking Water.Each stall in the carindena, fish, meat and entrailssections shall be provided with piped water supplyfacilities. Water supply shall be maintained at apressure of 1.379 kilopascals (Kpa) or 1.379 Bar.There shall be adequate number of water pipeoutlets for easy cleaning of the market and itspremises. Water-supply of at least 40 liters/capita/day shall be provided and maintained based on

the number of vendors and average number ofcustomers per day.e. The use of water not obtained from a source certified as safe by the Secretary of Health or hisduly authorized representative, for drinking or foruse in connection with food preparation or- washing of plates, glasses, cups, forks and similarobjects shall be prohibited in the market.f.Drinking fountain or any equivalent waterdispensers shall be provided in the market.g. Ice used in the markets shall come from ice plantswith sanitary permit or shall be made from potablewater supply.h. All other pertinent provisions of the ImplementingRules and Regulations of Chapter II - WaterSupply of (the Code on Sanitation of thePhilippines (PD 856) are hereby adopted andmade part of these Rules and Regulations.2.S e w a g e Disposal and Drainagea.b.c.d.e.Sewage shall be disposed to a public seweragesystem or in the absence thereof, in a mannercomplying with Chapter XVII - Sewage Collectionand Disposal, Excreta Disposal and Drainage ofthe Code on Sanitation of the Philippines (PD 856)and its Implementing Rules and Regulations.There shall be sufficient facilities in the market andits premises. At least one floor drain shall beprovided in every 46.5 square meters (500 squarefeet) of floor area. Slope shall not be less than2.05 centimeters per meter (1/4 inch per foot) tothe drainage inlet.Sewer line from toilets and urinals shall not beconnected with drainage line in the market.Pipe diameter for drainage purposes shall not beless than 15 centimeters (6 inches).All floor drains shall be provided with a deep sealtrap (P-trap or U-trap).