PROPOSED ORDINANCE

AN ORDINANCE REQUIRING THE DESIGN, CONSTRUCTION OR RETROFITTING OF

BUILDINGS, AND OTHER STRUCTURES TO MEET THE MINIMUM STANDARDS OF A GREEN
INFRASTRUCTURE, PROVIDING INCENTIVES THEREFOR AND FOR OTHER PURPOSES.

WHEREAS, the Philippines is a signatory to the Paris Agreement, an agreement within the United
Nations Framework Convention on Climate Change, dealing with greenhouse-gas-emissions mitigation,
adaptation, and finance, signed in 2016.

WHEREAS, in line with the above Agreement, the Philippines through President Rodrigo Duterte
submitted its Intended Nationally Determined Contribution (INDC) to the United Nations (UN) pledging to
cut its carbon emissions by the year 2030, subject to assistance from the international community.

WHEREAS, 50% of World Energy is consumed by buildings. Construction consumes 50% whereas
45% of energy is used for heating, cooling, and lighting of the buildings.

WHEREAS, considering the environmental impact of buildings which is becoming more apparent,
a new field called “green building” is gaining momentum.

WHEREAS, green building brings together a vast array of practices, techniques, and skills to
reduce and ultimately eliminate the impacts of buildings and on the environment and human health, and
addresses the need and desire for more energy efficient and environmentally friendly construction
practices.

WHEREAS, the country's accelerating economic and physical development, coupled with
urbanization and population growth, makes imperative the adoption of Green Technology and Innovations
in the construction and renovation of buildings.

WHEREAS, taking in mind that Urban areas are responsible for 70% of global energy consumption
and CO2 emission, and considering the fast development of real estates and land development projects in
the city, there is a need to observe the conservation, environmental protection and planning patterns that
considers the natural environment.

WHEREAS, green technology offers us hope to counteract the effects of climate change and
pollution by changing the way the buildings are designed, constructed, and operated.

WHEREAS, to support the government’s efforts to fight climate change, there is a need to
institutionalize eco-friendly systems and technologies that reduces greenhouse gases and other hazardous
emissions from buildings and other structures.

WHEREAS, for promoting sustainability, and helping the national government realize its
agreement, it is essential to make all buildings “green” as places of working, living, studying, shopping,
healthcare, and entertainment.

WHEREAS, Section 458 (a) 1 (vi) of the Local Government Code of 1991 mandates the
Sangguniang Panlungsod, being the legislative body of the city, to enact and approve an ordinance that
protects the environment and impose appropriate penalties for acts which endanger the same.
 NOW THEREFORE, the Sangguniang Panlungsod of the City of Cebu, in a regular session
assembled, hereby ordains that:

Section 1: SHORT TITLE. This Ordinance shall be known as the “GREEN BUILDING ORDINANCE OF
THE CITY OF CEBU”

Section 2: DECLARATION OF POLICY. – It is the declared policy of the City of Cebu to:

2.1. Mandatorily adopt Green Technologies and Innovations in infrastructure projects within the city
of Cebu as a means of promoting eco-friendly system that would mitigate and/or eliminate the emission of
greenhouse gasses and other hazardous emissions from buildings and other structures.

2.2. Establish and maintain building standards that require the planning, design, construction, and
maintenance, including the retrofitting of building projects that strictly adhere to energy efficiency, cost
effectiveness, and mitigate impacts on environmental degradation.

2.3. Create and maintain a network of green spaces and integrate them in the whole gamut of
infrastructure projects and developments, being mindful of the strategic connection between structures,
parks, riparian areas, and other green spaces in order to maintain a healthy biodiversity.

2.4. Increase the demand for environmentally preferable building materials, finishes, and
furnishings.

2.5. Emphasize that the impact of greenhouse gas emissions does not recognize jurisdictions or
boundaries, hence, must be the concern not only of the government but of private, business and other
stakeholders or sectors.

2.6. Provide incentives for land users, developers, and planners who incorporate, implement,
install, and actually use environment friendly technologies that promote a strong biodiversity, improve the
state of health of the population and abate the continuing destruction of our ecosystem, ground water and
air quality.

Section 3: DEFINITION OF TERMS

3.1. Building – any structures built for the support, shelter or enclosure of persons, animals,
chattels or property of any kind, either used for residential, commercial, or agricultural.

3.2. Green Building- an integrated whole-building approach to the planning design, construction,
operation and maintenance of buildings and their surrounding landscape that help mitigate the
environmental, economic and social impacts of buildings on the following:

3.2.1. Site conservation and sustainable planning;

3.2.2. Water conservation and efficiency;
3.2.3. Energy efficiency and renewable energy;
3.2.4. Conservation of materials and resources; and
3.2.5. Indoor environmental quality and human health.
 3.3. Effluent – refers to any waste water partially or completely treated, or in its natural state
flowing out of a manufacturing plant, industrial plant or treatment plant.

3.4. Sewage Treatment Plan (STP) – process of removing contaminants from wastewater and
household sewage, both runoff (effluents) and domestic. It includes physical, chemical, and
biological processes to remove physical, chemical, and biological contaminants; and produce
treated wastewater that is safe enough for release into the environment.

3.5. Wastewater Treatment Facility- any plant or facility owned or maintained by any department,
agency or authority of the State, or by any sewer company, private corporation, association, person
or group of persons, or by any industry or institution, except domiciles or residential units, which
subjects wastewater to a process for removing or altering the objectionable constituents of
wastewater for the purpose of meeting the requirements of Clean Water Act of 2004 (Republic Act
No. 9275) to make it less offensive or dangerous.

3.6. Solar Energy – an energy captured from the energy of the sun that is converted into thermal
or electrical energy.

3.6 Skylight – a roof opening covered with translucent or transparent glass or plastic designed to
admit daylight.

3.6 Rainwater Harvesting – refers to the installation of grey water system and rainwater
catchment system that recycles water or irrigation or toilet flushing.

3.7 Urban Green Space - refers to land that is partly or completely covered with grass, trees,
shrubs, or other vegetation. It may also include parks and community gardens.

3.8 Green Building – an integrated whole building approach that, in its design, planning,
construction, operation, and maintenance that reduces or eliminates the environmental, economic,
and social negative impacts, and can create positive impacts on the following:

3.8.1 Efficient use of energy, water and other resources;

3.8.2 Use of renewable energy, such as solar energy;
3.8.3 Pollution and waste reduction measures, and the enabling of re-use and recycling;
3.8.4 Indoor environmental quality and human health;
3.8.5 Consideration of the environment in design, construction and operation;
3.8.6 A design that enables adaptation to a changing environment;

3.9 Non-toxic materials – these are emission-free materials and products that improve indoor air
quality.

3.10 OBO – Office of the Building Official

Section 4: SCOPE OF APPLICATION. - This ordinance shall cover all vertical structures to be newly built,
remodeled, renovated, retrofitted, whether or not used for commercial, industrial, residential, institutional, or
agricultural purposes within the territorial jurisdiction of the City of Cebu; except those expressly exempted
by law.

Section 5: BUILDING PERMIT APPLICATION. – In the case of proposed and new structures, an applicant
must:
 5.1. In addition to the requirements provided for by the National Building Code, include in the
building design, planning and construction to be submitted with the Office of the Building Official
(OBO) for purposes of acquiring a building permit as certified by the City Planning and
Development Office (CPDO) and Cebu City Environment and Natural Resources Office (CCENRO)
at least three (3) features of a green building from the following:

5.1.1. Provide an alternative source of energy, such as, but not limited to the installation
and use of solar panels;
5.1.2. Provide a grey water system that recovers rain water for site irrigation and a dual
plumbing system for use of recycled water for flushing;
5.1.3. Installation of skylights;
5.1.4. Provision of urban green space;
5.1.5. Use of motion sensor lights;
5.1.6. Use of led lights;
5.1.7. Installation of Sewage Treatment Plan (STP);
5.1.8. Use of sustainable materials in the construction, such as, recycled glass and steel,
as well as renewable materials such as bamboo and rubber;
5.1.9. Construction of green roof systems (plants on the roof);
5.1.10. Installation of energy-efficient windows and doors;
5.1.11. Use of lower VOC (volatile organic compounds) paints and stains;
5.1.12. Other technologies or features that make a building green.

5.2. Submit a sworn statement with the Office of the Building Official, that the proposed facility and
its operation and information showing that the facility will operate as represented in the application;

Section 6: REVOCATION OF BUILDING PERMIT. – The Building Official may order the revocation of the
building permit issued under Section 5 of this Ordinance upon the recommendation of the Cebu City
Environment and Natural Resources Office (CCENRO), if the Building Official finds that:

6.1. The permit was obtained by fraud or misrepresentation; or

6.2. The holder of the permit has substantially failed to construct or complete the facility in
compliance with the plans, specification, and procedures in such certificate. As soon as the order
of revocation under this Section becomes final, the Building Official shall notify all other concerned
offices.

If the permit is ordered revoked pursuant to item 6.1. of this Section, all prior tax discounts and incentives
provided to the holder of the permit by virtue of the permit shall be forfeited, and upon , and upon
notification under this section, the City Treasurer shall immediately proceed to collect those taxes not paid
by the permit holder under this Ordinance.

If the permit is ordered revoked pursuant to item 6.2. of this Section, the permit holder shall be denied any
tax discount or incentive under this Ordinance in connection with such facility after the date that the order of
revocation becomes final. Thereafter, all taxes and fees shall become due and demandable in favor of the
government.

Section 7: FORM. - The prescribed Building Permit Application form from the Office of the Building Official
shall be used in the application for building permit application, provided that the applicant shall include
Green technologies and innovations in its structural design, sanitary and sewerage, electrical and
mechanical safety, as provided for by Sec. 5 of this Ordinance.
Section 8: ROLE OF THE BUILDING OFFICIAL.- In processing an application for the issuance of a
building permit, the Building Official shall ensure that the applicant satisfies and conforms with the
approved standard requirements on zoning and land use, lines and grades, structural design, sanitary and
sewerage, environmental health, electrical and mechanical safety as well as with other rules and
regulations promulgated in accordance with the provisions of National Building Code of the Philippines.
Furthermore, upon the submission of building plan to the Office of the Building Official, the building plan
should adopt Green Technologies and innovations in its design as to its materials, energy systems, water
management, and health components, as provided for by Section 5 of this Ordinance.

Section 9: INCENTIVES.- A system of tax discount shall be devised for compliance based on the following
criteria:
9.1. Use of renewable energy;
9.2. Use of energy efficient technology;
9.3. Provision of open spaces;
9.4. Use of environment-friendly materials.

Section 10: EVALUATION COMMITTEE.- An Evaluation Committee is hereby created to devise a system
and guidelines for the grant of tax discount for complied with the criteria set under Section 5 hereof. The
Committee shall be tasked to evaluate and recommend tax discount for the consideration of the
Sangguniang Panlungsod. The Evaluation Committee shall be composed of the following:
10.1. City Treasurer
10.2. City Assessor;
10.3. CCENRO Department Head;
10.4. City Building Official;
10.5. City Planning and Development Office;
10.6. Two (2) Non- Government Organizations in the field of environment.

Section 11: APPLICABILITY OF EXISTING MINIMUM STANDARDS- The minimum standards provided
under Republic Act Nos. 8749 (Clean Air Act of 1999), 9275 (Clean Water Act of 2004), 6541 (National
Building Code of the Philippines), and other legal issuances, administrative directives or orders, policies,
implementing rules and reglations issued by the Environmental Management Bureau, Department of
Environment and Natural Resources, and other pertinent laws, shall serve as basis for the implementation
of the policies and directives under this Ordinance.

Section 12: IMPLEMENTING OFFICE AND IMPLEMENTING RULES AND REGULATIONS (IRR). –
The Office of the Building Official (OBO) shall be the office primarily tasked to implement the provisions of
this ordinance. The Office of the Building Official (OBO) together with Cebu City Environment and Natural
Resources Office (CCENRO), the City Planning and Development Office, as well as the City Treasurer and
Assessor shall promulgate the implementing rules and regulations within ninety (90) calendar days after
the effectivity of this Ordinance.

Section 13: AMENDATORY AND REPEALING CLAUSE.- All other ordinances, resolutions, orders, rules
and regulations inconsistent with the provisions of this Ordinance are hereby considered amended,
rescinded, or repealed accordingly.
Section 11: SEPARABILITY CLAUSE.- Should any part of this Ordinance shall be declared invalid or
unconstitutional , the other parts not so declared shall remain in force and effect.

Section 12: EFFECTIVITY.- This Ordinance shall take effect 6 months after its publication in a newspaper
of local circulation.

NESTOR D. ARCHIVAL
City Councilor