BENOGSODAN, RHOBIE SHAYNE A.
AR321(8294)
Activity 1: BP 344
1. After doing an advanced reading or scanning thru the BP 344 or Accessibility Law,
what are the few things you can say about it.
The Philippine Congress passed the Accessibility Law in 1982, requiring
contractors of public buildings, roads, highways, educational institutions, commercial
establishments, places of sports and recreation, and any private establishment used
for public purposes to install facilities and featuresfor the access of persons with
disabilities. Without the ramps, elevators, handrails, and other amenities required by
legislation, no building permission can be obtained. These required facilities and
features expanded over time to address various types of disability. The Batas
Pambansa Bilang 344 or the Accessibility Law is an act to enhance the mobility of
disabled persons by requiring certain buildings, institutions, establishments, and public
utilities by installing facilities and other devices. The law also establishes minimum
requirements and standards to make public buildings, facilities, and utilities accessible
to people with disabilities.
2. Do you think this law has been fully implemented and followed? Why or why not?
(Provide some actual observations)
I do think that the law has been implemented in some of the buildings, however,
for most public and private buildings, transportation facilities and other establishments,
they have not satisfactorily complied.
A person with disability struggles to climb the stairs of the Light Rail Transit Line 2’s Recto
station while security personnel carry his wheelchair.
The most common issue I've observed is that most establishments have failed
to ensure that public buildings, footbridges, staircases, and sidewalks accessible to
people with disabilities. The PWD tries to ascend the tall stairwell at Recto Station of
the Light Rail Transit-Line 2 while security guards and train marshalls move his
wheelchair ahead of him, as seen in the viral photo above from PhilStar News. The
absence of structural accessibility features such as ramps, railings, proper signage,
and allocated parking facilities are only a few examples of non-compliance with
Pambansa Bilang 344 or the Accessibility Law all over the country.
3. What is the importance of knowing this law by heart to our profession?
The protection of vulnerable populations, such as those with disabilities, is
incorporated in our legislation and deeply ingrained in the spirit of our thinking about
their needs. BP 344 or the Accessibility Law was enacted in 1983 to encourage the
fulfilment of the rights of persons with disabilities to participate fully in the social life
and the development of the societies in which they live in for the full enjoyment of the
opportunities afforded to other citizens. This is not charity; rather, it is a broad
awareness that our disabled brothers and sisters, as well as our children, are entitled
to the same legal protection as the rest of us. And when special legislation is required
to ensure that people have equal rights and opportunities at all times, we do it because
it is the right thing to do, not because it is required by law or treaty. Not only do we not
want to leave them behind; we do not want to make the journey without them.
15 out of every 50 people we meet in a day are likely to be people with
disabilities (PWDs) or senior citizens. According to the World Health Organization
(WHO), 15 percent of the world's population are people with disabilities (PWDs), while
another 15 percent are senior persons. If these facts do not appear to be true in our
daily lives, we should be concerned. Either the figures are incorrect, or the estimated
30% of the population is invisible and unable to participate in society. The goal of
accessible and universal design is to help people who are hindered by their
surroundings due to impairments or irregular conditions. It is not a strange idea,
especially for architects whose designs must adhere to the Philippine National Building
Code (NBC).
Nevertheless, without upgrading the physical environment in which everyone
must function, the rights will remain a pipe dream. Not many of us are horrified by the
sight of stairs or a step – at least not until a freak accident leaves us without a limb
and confined to a wheelchair. While the wheelchair overcomes the difficulty of going
without limbs or feet, the stairs provide a new challenge. Barriers like these are the
kinds of prejudice that architects who promote accessibility aim to eliminate. The
provision of wheelchair ramps, tactile blocks for the blind, and deaf signal lights are
just the beginning. The slope of the ramp, the height and width of its rails, the floor and
stair finish, stair nosing, door width, doorknob type, counter height, signage size and
color, and even the angle of a mirror in the toilet all need to be considered.
Many barriers can be avoided even while the structure is merely a drawing on
a sheet of paper if an architect is trained to design buildings by envisioning space
usage and user circulation. The best moment to implement accessibility and universal
design principles is during the design process. However, the change fought for by
architects pushing for accessibility should not be perceived as being solely for the
benefit of people with disabilities. To end discrimination, it's important to underline that
creating for everyone, regardless of talents or impairments, means just that: designing
for everyone.
4. Because of many misconceptions about the law, explain the scope and application
of the provisions in the code (Rule I). Please do not copy directly what is in the code.
Read, comprehend, then give your thoughts.
No license or permit is required for the construction, repair, or renovation of
public and private buildings for public use, educational institutions, airports, sports and
recreation centers and complexes, shopping centers or establishments, or public
parks in order to promote the realization of disabled persons' rights to fully participate
in the social life and development of the societies in which they live, as well as the
enjoyment of opportunities available to other citizens.
All such existing buildings, institutions, establishments, or public utilities may, if
feasible, be renovated or altered to allow disabled persons access to them: Provided,
however, that buildings, institutions, establishments, or public utilities to be
constructed or established for which licenses or permits have already been issued
may comply with the requirements of this law: Provided, further, that government
buildings, streets, and highways may be renovated or altered to allow disabled
persons access to them: Provided, further, that in the case of government buildings,
streets, The owner or operator of any of the foregoing institutions, buildings,
establishments, or public utilities shall reserve sufficient and suitable parking space
for the use of disabled persons.
Existing structures, on the other hand, can still be improved, but installation and
alteration fees may be incurred. This is the drawback of not adhering to the
Accessibility Law or overlooking the necessity of a genuine design phase early on.
Accessibility auditing (access audit) and proposal of changes for existing buildings can
be done by trained architects and professionals, with access inspectors who are
PWDs.
5. Under Rule II of the BP 344, how do we categorize disabled persons?
The various actions to be taken in order to create an accessible environment for the
handicapped are dictated by the various kinds of disability. Under these Rules,
disabled people can be divided into two groups: those who have:
1. Disabilities that necessitate the use of a wheelchair; or
2. Impairments producing difficulty or insecurity in walking or climbing stairs or
necessitating the use of braces, crutches or other artificial supports; or
impairments caused by amputation, arthritis, spastic disorders or pulmonary,
cardiac or other diseases rendering patients semi-ambulatory; o
3. Insecurity or the risk of being exposed to danger in public areas due to total
or partial hearing or vision impairments; or
4. Deficiencies as a result of age and incoordination;
5. Mental disabilities, whether acquired or congenital.
6. To better understand and get used to the foundation in anthropometrics, please
manually draw the description on the provision of a wheelchair's adequate space for
maneuvering in Rule II of the BP 344.
7. Under Rule II.1.3, Basic Physical Planning Requirements, as an overview, please
give a specific type of establishment, preferably a public one, and how will you apply
each item (1.3.1-6).