Mun Ordinance No CODE OF SANITATION by liaoqinmei

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									                                           MUNICIPAL ORDINANCE NO. 13
                                                  Series of 2011

   AN ORDINANCE ADOPTING THE SUPPLEMENTAL IMPLEMENTING RULES AND REGULATIONS OF CHAPTER 2
    (WATER SUPPLY) OF THE CODE OF SANITATION OF THE PHILIPPINE (PD 856) AND FOR OTHER PURPOSES

                                  Sponsored by: Hon. Moises A. Carcallas
(Chairman Committee on Rules and Privileges, Laws and Ordinances, Good Government and Special Committee on
                                        Water & Spring Development)

         BE IT ORDAINED by the Sangguniang Bayan of the Municipality of Clarin, Bohol in session duly assembled,
that –

         Section 1 – Title. This ordinance shall be called: An ordinance adopting the supplemental implementing
rules and regulations of chapter 2 (water supply) of the code of sanitation of the Philippines (PD 856) and for other
purposes.

         Section 2. – Policy – It is the policy of the Municipality of Clarin, Bohol to assure the general public on the
safety and potability of the drinking water in the locality.

         Section 3. Coverage – This ordinance shall apply to all waterworks developers and operators of water
supply system and water refilling stations both government and private entities with water as part of the facility of
the establishments such as residential houses, subdivisions, apartments and other similar places of human
dwellings including commercial and residential houses, industrial establishments, institutions, manufacturers, food
establishments, firms, recreational facilities and public places.

         Section 4. – Sanitation Code – Section 3.5 of the IRR of Chapter III – Water Supply of PD 856 states that
the local health authority shall establish a Water Surveillance Program through the creation of local drinking water
quality monitoring committee.

         Section 5. – Composition of Clarin Drinking Water Quality Monitoring Committee:

                  Chairman                             -        Municipal Mayor
                  Vice Chairman                        -        Municipal Health Officer
                  Member                               -        DOH Representative
                  Member                               -        Municipal Engineer
                  Member                               -        Community Environment and Natural Resources
                                                                Officer (CENRO)
                  Member                               -        SB Chairman on Health & Sanitation
                  Member                               -        Municipal Agriculture Office (MAO)


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                   Member                            -      Municipal Planning and Development
                                                            Council Officer
                   Member                            -      Provincial Sanitary Engineer
                   Member                            -      Municipal Sanitary Inspector
                   Member                            -      Water District General Manager
                   Member                            -      Head of Private Water Supply
                                                            Provider Association
                   Member                            -      Representative of Water Laboratory
                   Member                            -      Representative of NGO or PD
                                                            Related to Health and Sanitation

        Section 6. – Functions of the Clarin Drinking Water Quality Monitoring Committee – The Committee shall
be responsible for:

        1.    Overseeing the operation of water system and the quality of water produced and distributed by the
              water provider;
        2.    Regular collection of/analysis of water sample;
        3.    Evaluating laboratory results as to compliance to standard;
        4.    Conducting regular or immediate sanitary survey during the existence of a potential cause of
              contamination.
        5.    Institution remedial measures to correct the deficiency of the water systems.
        6.    Informing the public of the latest quality of the drinking water in the locality;
        7.    Endorsing annual work and financial plan on water quality surveillance program.
        8.    Formulating local policies concerning implementation of water quality surveillance program.
        9.    Reviewing and approving location of water sampling points.
        10.   Analyzing quarterly Water Quality Surveillance Reports to determine trends in the quality of the
              drinking water supply service for appropriate action.
        11.   Conducting water quality audit when necessary.
        12.   Conducting regular quarterly meeting or as the need arises.
        13.   Performing other functions related to water quality assurance.

       Section 7. – Responsibilities of the Members of Clarin Drinking Water Quality Monitoring
Committee:

        A. Responsibilities of the Municipal Mayor

              1.   Acts as Chair of the Committee;
                    Presides quarterly meetings or every committee meeting.
                    Signs the approved committee policies and resolutions.
                    Signs the approved annual work and financial plan.



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             2.    Certifies the passing of an Ordinance consistent with these rules and regulations to strengthen its
                   enforcement;
             3.    Provides the necessary funds for supplies and materials to the Municipal Health Office for the
                   enforcement of these rules and regulations;
             4.    Prohibits the selling of water purifiers or equivalent apparatus if found to be not conforming to
                   the DOH standards;
             5.    Enforces the pertinent provisions of chapter 2, Water Supply of PD 856.

        B.   Responsibilities of the Municipal Health Officer. The Municipal Health Officer shall:

             1.    Take the overall lead in the implementation of drinking water quality surveillance program;
             2.    Ensure inter – sectoral linkages in the drinking water quality surveillance program;
             3.    Convene Committee Meetings;
             4.    Sign communication and reports for the committee;
             5.    Act as chairperson of the committee in the absence of the Municipal Mayor;
             6.    Designate who will take minutes of the Committee Meetings;
             7.    Conduct or cause the conduct of sanitary inspection and evaluation of every water works system
                   and refilling station and validate the water quality to each establishment;
             8.    Issue Sanitary Permit to establishments which are found to be complying with the minimum
                   sanitary requirements;
             9.    Issue health certificate to all personnel, including drivers of delivery vehicles of the
                   establishments;
             10.   Issue certification of potability of Drinking Water;
             11.   Cause the conduct of sanitary survey for the development of drinking water supply source and
                   issue Drinking Water Site Clearance to applicants;
             12.   Validate from the Department of Health (DOH) water purification apparatus, devices and similar
                   gadgets being sold or peddled to the public;
             13.   Cause the conduct of investigation of any claim on advertised water product or water purification
                   equipment which in his/her judgment may be detrimental to public health and safety;
             14.   Performs other related tasks.

        C.   Responsibilities of DOH Representative. The DOH Representative shall:
             1. Represent the DOH in the Committee;
             2. Advocated/promote DOH policies/programs/projects relative to drinking water quality
                 surveillance;

        D. Responsibilities of the Municipal Engineer – The Municipal Engineer shall:

             1.    Inform the Committee on relevant civil works in the area that may affect the quality of water
                   sources;
             2.    Provide technical and logistic assistance to the Committee.


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        E.   Responsibilities of the Municipal Agriculture Officer. The Municipal Agriculture Officer shall:

             1.   Inform the Committee On Agricultural wastes, fertilizers and pesticides that may affect the
                  quality of water sources;
             2.   Provide technical and logistic assistance to the Committee.

        F.   Responsibilities of CENRO. The Community Environment and Natural Resources Officer shall:

             1.   Provide information to the Committee regarding incidence or occurrence of water contamination
                  arising from domestic industrial, commercial or institutional facilities;
             2.   Provides logistics and technical assistance to the committee.

        G. Responsibilities of the Chair on Health and Sanitation Sangguniang Bayan. The Chairman on SB Health
           and Sanitation Committee shall:

             1.   Introduce appropriate resolutions/ordinances concerning drinking water quality surveillance;
             2.   Provide information to the Committee about existing resolution that may affect water quality
                  surveillance;
             3.   Endorse the work and financial plan prepared by the committee for corresponding budget
                  appropriation by the municipal council.

        H. Responsibilities of Municipal Planning Development Officer. The MPDC Officer shall:

             1.   Integrate the Committee’s work and financial plan to the over-all municipal development plan.
             2.   Inform the Committee on the short and long – term development plan of the municipality that
                  will affect water quality;
             3.   Provide technical and logistics assistance to the committee.

        I.   Responsibilities of the Manager of Water District/Head of Water Provider Association. He/She shall:

             1.   Provide updates on water quality monitoring plan and its implementation;
             2.   Provide technical and logistics assistance to the committee.

        J.   Responsibilities of NGO. The NGO representative shall:

             1. Provide technical and logistics assistance to the committee;
             2. Conduct information dissemination on drinking water quality.
        K.   Responsibility of Provincial Sanitary Engineer – The Provincial Sanitary Engineer shall provide
             technical and logistics assistance to the committee.




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        L.   Responsibility of Representative from Water Laboratory – He/she shall provide technical and logistics
             assistance to the committee.

         Section 8. – Committee Meetings – The Clarin Drinking Water Quality Monitoring Committee
shall convene regular meetings, the frequency of which shall be decided by its members during its inaugural
meeting. The Municipal Mayor shall convene the committee to a special meeting to immediately respond and
decide under the situation where there is an outbreak of diseases, disasters or calamities which affect the quality
of water.

           Section 9. – Sanitary Permit Requirements – No person or entity shall operate a retail water system or
refilling station for commercial purposes without securing a sanitary permit from the Municipal Health Office.

        A. For Development of Drinking Water and Plumbing Supply System:

        1.   Drinking Water Site Clearance.
        2.   Operational permit issued by the Department of Health Regional Office and its required documents.
        3.   Updated Certificate of Potability of Drinking Water (CPDW) issued by the Municipal Health Officer.

        B.   For the Operation of Retail Water System or Refilling Station and Operators of Water Supply/System
             Both Government and Private Entities:

        1.   Operational Permit issued by the Department of Health Regional Office.
        2.   Updated Certificate of Potability of Drinking Water (CPDW) issued by the Municipal Health Officer.
        3.   Certification on Bacteriological Examination of Water Samples by Provincial Health Officer.
        4.   Certification of Attendance for Satisfactory Completion of the Certification Course For Water Refilling
             Station and Plant Operators by the College of Public Health University of the Philippines Manila, The
             Health Science Center In Collaboration With the Department of Health.
        5.   Plans and specifications of the establishment including the multi-stage water purification process
             prepared by a sanitary engineer.
        6.   Satisfactory rating of the establishment and;
        7.   Building permit issued by the Municipal engineer.

         Section 10. – Sanitary Clearance – Sanitary clearance shall be required for all types of delivery
vehicle where water is a commodity for drinking, domestic, commercial, processing, agricultural, industrial, power
generation, project construction and recreational purposes. The Clearance shall be issued by the Municipal Health
Office conforming to the basic satisfactory rating requirement.

         The sanitary clearance shall be conspicuously posted or marked on the vehicles body, including water
storage tanks, bearing the code and registration number of the permit.

        Section 11. – Certificate of Potability of Drinking Water.


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         11.1   Requirements – The issuance of the Certificate of Potability of Drinking Water shall be based on
the following:
         a. Results of the water sampling and testing by the DOH accredited water analysis laboratory and,
         b. Report and recommendation of Clarin Drinking Water Quality Monitoring Committee (CD WQMC).

         11.2    Frequency of the Evaluation and Re-validation of Certificate of Potability of Drinking
Water (CPDW). It shall be in accordance with the standard interval or frequency of sampling specified in the
Philippine National Standard for Drinking Water, as follows:

        a.     Bacteriological quality – at least monthly
        b.     Physical quality – at least every six (6) months
        c.     Chemical quality – at least every six (6) months
        d.     Biological – once a year
        e.     Radiological – shall be done only with the possible input of human radiation from the surrounding
               environment

         11.3    It shall be the responsibility of the owner/operator of the water systems to submit to
Accredited laboratories water samples for examination under the supervision of sanitary inspectors deputized/or
duly authorized by the municipal health officer.

        11.4     The accredited laboratory recognized by the DOH shall submit all the required water test result
to the Municipal Health Office for recording, validation and presentation to the regular meeting of the committee.
Non-compliance in the submission of results shall be ground for revocation of their Sanitary permit.

        Section 12. Business Permit. Requirement for issuance of Business permit, in addition to the basic
requirements to all other pertinent provisions of existing laws and ordinances. No Business Permit shall be issued
without a sanitary permit.

        Section 13. Personnel, Operators and Employee’s in the establishment shall secure Health Certificate
from the Municipal Health Office.

        13.1       Employees in the establishments shall attend water sanitation classes to be conducted by the
                   Municipal Health Office. Health Certificate card shall be issued every January and shall be worn
                   by the employees at all times during his period of work and duty.
        13.2       Employees should submit themselves to medical examinations and undergo required laboratory
                   examinations.




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                                                                   st
        13.3       Health Certificate shall be valid only until the 31 day of December of the covered year.

        Section 14. Inspection and Evaluation

        a.     Responsible officer – It shall be the duty of the municipal health officer to cause the inspection and
               the evaluation of every water refilling station to other similar establishments, facilities and
               equipment processing, dispensing or selling drinking water at least once (1) every three (3) months
               and to cause additional inspection and re-inspection and evaluation as deem necessary for the
               enforcement of the rules and regulations. Inspection of the establishment shall be within (7) days
               after payment of inspection fee to the municipal treasurer.
        b.     Sanitation and inspection – The fees payable every inspection shall be in the amount of Eight
               Hundred Pesos (Php 800.00) only as prescribed by this Ordinance.
        c.     Mission Order – Municipal Health Officer shall issue a mission order for every sanitary inspection that
               will be conducted by the sanitary inspector. The mission order state must names, addresses
               categories of establishments to be inspected and the scheduled date. Sanitary inspection without a
               mission order is prohibited.

           Section 15. – Renewal of Business Permit – Renewal of business permit for establishments, water
refillers, bulk water suppliers, operators of water dispenser as vending machine and other establishments shall
only be allowed upon compliance of Sections 7,8,9 and 11 of this Ordinance.

        Section 16. – Penal Provisions – Unless otherwise provided in any section of this Ordinance any person
who shall violate, disobey, refuse, omit or neglect to comply with any rules and regulations promulgated under this
ordinance shall be guilty of misdemeanor and upon conviction shall be punished by:

        First Offense                -        P 1,500.00
        Succeeding Offenses          -        P 2,500.00 or three (3) months imprisonment depending upon
                                              the discretion of court.

          Section 17. – Separability Clause. In the event that any section, paragraph, sentence, clause or word of
this ordinance is declared invalid for any reason other provisions thereof should not be affected thereby.

         Section 18. – Repealing Clause. All ordinances as well as pertinent rules and regulations thereof which are
inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly.

        Section 19. – Effectivity. This Ordinance shall take effect immediately upon its approval and publication.

        APPROVED:           AUGUST 15, 2011




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                                           AFFIRMATIVES



        HON. VELDEN B. APARICIO                                   HON. CORSINE C. SALERA
               SB Member                                                 SB Member



        HON. FRANCIS G. MANALO                                    HON. MOISES A. CARCALLAS
               SB Member                                                SB Member



        HON. FULGENCIA C. ELLIOTT                                 HON. ELTON JUN P. CARCALLAS
               SB Member                                                 SB Member



        HON. LETECIA P. INFIESTO                                  HON. EPIFANIO A. ALISACA
               SB Member                                                 SB Member



                                    HON. JOHEMA MARIE L. APARICIO
                                      FSK Pres. / SB Member


                                             NEGATIVE: NONE

        Absent: HON. JOSE JUNE Z. DIEZON         -        SB Member

        I HEREBY CERTIFY to the correctness of the foregoing ordinance which was duly enacted by the
Sangguniang Bayan.


                                                          HERMOGENES L. DIEZON
                                                            Municipal Vice Mayor
                                                              Presiding Officer




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ATTESTED:


                             GEMMA G. PIEZAS
                        Secretary to the Sangguniang Bayan


APPROVED:




                          HON. ALLEN RAY Z. PIEZAS
                             Municipal Mayor

        Date Signed:




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