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Rules and Regulations on Spa

DEPARTMENT OF TOURISM
Manila

RULES AND REGULATIONS TO GOVERN THE ACCREDITATION OF SPA

PURSUANT TO THE PROVISIONS OF EXECUTIVE ORDER NO. 10 DATED JANUARY 30, 1987. THE FOLLOWING RULES AND REGULATIONS ARE HEREBY PROMULGATED TO GOVERN THE ACCREDITATION OF SPA.

CHAPTER I

DEFINITION OF TERMS

Section 1. Definition of Terms - When used in these Rules, unless the context otherwise indicates, the following terms shall mean as follows:

a. Spa - is a facility exudes a tranquil environment offering various amenities and services intended to relieve stress, pamper the body and make one feel relaxed and rejuvenated to promote a healthier way of life.

b. Day Spa - is a spa offering a variety of professionally administered spa services to clients on a day use basis.

c. Destination Spa is a spa which has for its sole purpose to provide clients with lifestyle improvement and health enhancement through professionally administered spa services, physical fitness, education programming and on-site accommodations where spa cuisine or healthy food is offered.

d. Resort/Hotel Spa - is a spa owned by and located within a resort or hotel providing professionally administered spa services, fitness, and wellness components.

e. Department or DOT is the Department of Tourism

f. DOH is the Department of Health

g. Accreditation is the certification issued by the Department officially recognizing the holder as having complied with the minimum standards and requirements prescribed by the Department for the operation and maintenance of spa.

CHAPTER II

CATEGORIES OF SPA

Section 2. Categories of Spa - For purposes of accreditation, spas are categorized as follows, namely:

a. Day Spa

b. Destination Spa

c. Resort Spa

CHAPTER III

MINIMUM STANDARD REQUIREMENTS

Section 3. Minimum Standard Requirements - For purposes of accreditation, the following are the minimum standard requirements for the operation and maintenance of spa.

a. Location and Environment
The spa shall be situated in a safe and reputable location with clean, calm and relaxing environment:

b. Lounge & Reception Counter
There shall be a reception counter attended by qualified staff and a reasonably furnished lounge with seating facilities commensurate with the size of the spa:

c. Food Bar
There shall be a well-maintained and well-stocked food bar for clients:

d. Washrooms
There shall be separate clean and adequate washrooms for male and female provided with running water, hand dryer and toiletries:

e. Locker Rooms
There shall be separate male and female locker rooms for guests

f. Shower Rooms
There shall be separate male and female shower and changing rooms:

g. Treatment Rooms
There shall be separate unlocked treatment rooms for male and female:

h. Services
The spa shall provide all of the following services in addition to other spa-related amenities which it may offer:

1. Massages - Swedish, Lymph Drainage & Reflexology, etc.;

2. Steam, Sauna and/or Water Baths; and

3. Body Treatments - One or more of the following: body packs and wraps, exfoliation, body toning/ contouring, waxing, hand & foot care.

i. Staff

· There shall be adequate number of well-trained, well-groomed, experienced, courteous and efficient staff.

· There shall be at least one DOH- registered massage therapist supervising a maximum of 20 massage attendants; and

· The staff shall wear clean, proper and non-transparent uniform at all times.

J. Steam, Sauna and Water Baths
The steam, sauna and water baths shall be maintained in a level of temperature which will not cause adverse reactions to user. Safety signages shall be provided to include information on allowable maximum temperature, duration of stay and guide in operating temperature regulator:

k. Linen
There shall be adequate supply of linen, towels and appropriate garments such as sarongs of good quality which shall be kept clean:

l. Employees Facilities
There shall be adequate and well-maintained locker rooms and bathrooms for male and female employees:

m. Parking
There shall be adequate secured parking space provided for free to customer/guests:

n. Emergency Generator
There shall be a high-powered generator capable of providing full power in all areas of the establishment except those spas located in a commercial building with its own emergency generator capable of supplying the power requirements of its tenants:

o. First Aid Cabinet
There shall be a well-stocked first aid cabinet available at all times; and

p. Facilities for Disabled
There shall be facilities and provisions for the disabled in accordance with Batas Pambansa Blg. 344 promulgated on May 1985, otherwise known as an “Act Enhancing the Mobility of Disabled Persons”.

CHAPTER IV

GENERAL RULES ON THE OPERATION AND MAINTENANCE OF SPA

Section 4. Maintenance. Maintenance of all sections of the spa shall be on a continuing basis taking into consideration the quality of equipment and supplies.

Section 5. Sanitation. Sanitation measures like cleaning and sterilizing of equipment, robes, sheets, blankets, pillow case, towels or other materials which may come in direct contact with the clients' body shall be adopted in accordance with the standards prescribed under Presidential Decree No. 856 otherwise known as the Sanitation Code of 1976.

Section 6. Fire-Fighting Facilities. Fire-fighting facilities shall be provided in accordance with Presidential Decree 1185, otherwise known as Fire Code of 1978.

Section 7. Signboards. Appropriate sign boards shall be conspicuously displayed outside the establishment showing clearly the name of the spa while safety signages shall be prominently posted in strategic locations inside the spa.

CHAPTER V

APPLICATION FOR ACCREDITATION

Section 8. Filing of Application. Any person, partnership, corporation or other entity desiring to secure an accreditation from the Department shall accomplish in duplicate and file with the Department, the application form prescribed for such purpose. Each branch shall be covered be separate accreditation certificate.

Section 9. Supporting Documents to be Submitted with Application. Unless otherwise indicated in the form, the application shall be accompanied by two copies of the following documents:

a. In the case of corporation or partnership, a certified true copy of the Articles of Incorporation, or Articles of Partnership and its by-laws and amendments thereof, duly registered with the Securities and Exchange Commission; in the case of single proprietorship, Business Name Certificate duly issued by the Bureau of Trade Regulation and Consumer Protection (BTRCP) and amendments thereof, if any;

b. Updated list of officials and personnel and their respective designations, nationalities, home address; for alien personnel, a valid visa from Bureau of Immigration and the proper permit from the Department of Labor and Employment.

c. Valid Health Certificate of all massage therapists duly issued by the proper authority;

d. Mayor's Permit and/or Municipal License;

e. Fire Safety Inspection Certificate; and

f. Other documents as may be required from time to time by the Department.

Section 10. Creation of an Inspection Team. The Department shall create a composite team with two (2) members from the Department to conduct inspection of the facilities of applicant establishments.

Section 11. Ocular Inspection of Establishment and its Immediate Premises. Upon receipt of its mission order, the inspection team shall conduct an ocular inspection of the establishment and its immediate premises for the purpose of determining whether it meets the standards set by the Department for the establishment. There shall be an authorized and responsible officer of the spa establishment accompanying the team during the inspection.

Section 12. Checklist to be Accomplished during Ocular Inspection of Establishment. The team shall provide itself with a set of checklist of the requirements for the establishment. All deficiencies found, as well as the requirements complied will shall be noted in the checklist.

Section 13. All Observations of the Applicant to be Entered by the Team in the Checklist. Any observation of the Applicant or its duly authorized representative present at the time of the inspection on any adverse finding of the team shall be entered in the checklist.

Section 14. Report of the Team. Within five (5) working days from the date of the inspection of the establishment and its immediate premises, the team shall render a report of its findings and/or recommendations and a copy thereof shall then be provided the applicant.

Section 15. Issuance of Certificate of Accreditation, Sticker and Identification Cards. If the applicant has satisfactorily complied with the minimum prescribed requirements, the Department shall then issue the Certificate of Accreditation and Sticker in favor of the applicant and Identification Cards (optional) to bonafide employees of the establishment.

Section 16. Validity of Certificate of Accreditation and Sticker. The certificate of accreditation and sticker shall be good and valid for a period of one (1) year from the date of issue, unless revoked or canceled by the Department.

Section 17. Accreditation Fees. An annual fee of One Thousand Pesos (P1,000.00) and additional One Hundred Pesos (100.00) for accreditation sticker shall be collected from the applicants that have complied with the requirements for accreditation.

Section 18. Renewal of Accreditation. The accreditation shall be renewed on or before its date of expiration.

Section 19. Document Required for Renewal of Accreditation. The application for renewal of accreditation shall be supported by the following documents:

a. A copy of the amended Articles of Incorporation or Partnership and By-Laws, or Business Name Certificate, if applicable;

b. Updated list of personnel;

c. Audited financial statements and income tax return covering the preceding year's operation; that if this requirement is not available at the time of renewal, the same shall be submitted not later than April 30 of the year of issuance of the accreditation;

d. Mayor's Permit and /or Municipal License; and

e. Fire Safety Certificate.

CHAPTER VI

SUPERVISION OF ACCREDITED ESTABLISHMENT

Section 20. Services. Spa operators shall provide services that are safe, comfortable and convenient as possible.

Section 21. Display of Certificate of Accreditation and Sticker. The valid certificate of accreditation and sticker shall be displayed in a conspicuous place of the establishment.

Section 22. Non-Transferability of Certificate of Accreditation. The Certificate of accreditation shall be non-transferable.

Section 23. Periodic Inspection. When necessary or when the public good dictates, the Department may send an inspection team to the establishment for the purpose of finding out whether it is being kept and/or managed in a manner conformable to the standards set by the Department. The inspection shall be conducted at a reasonable time of the day with due regard and respect accorded to the right of privacy of parties concerned.

Section 24. Defects and Deficiency Found During the Inspection. Where certain defects and deficiencies have been found in the course of the inspection, the Department shall notify the operator or manager to rectify the defects or deficiencies within a reasonable period of time.

Section 25. Penalty for Failure to Remedy the Defects, and Deficiencies. If the management fails to remedy the defects or deficiencies within the prescribed period, the Department shall revoke the certificate of accreditation of the establishment.

Section 26. Liability of Operators/Managers for Acts or Omission of its Employees. Without prejudice to the provisions of existing laws, operators/managers and their assistants shall be administratively liable for the acts or omissions of any of its staff committed against any member or guests. They may, however, be exempt from liability if they could establish that they have exercised the diligence of a good father of the family in the supervision of the erring employee.

CHAPTER VII

GROUNDS FOR CANCELLATION OF ACCREDITATION

Section 27. Grounds for Cancellation of Accreditation. Any of the following acts or omissions shall be sufficient ground for the cancellation of accreditation;

a. Making any false declaration or statement or making use of any such declaration or statement or any document containing the same or committing fraud or any act of misrepresentation for the purposes of obtaining accreditation;

b. Failure to maintain the standards and requirements for accreditation as prescribed in these Rules;

c. Allowing or permitting the establishment or its facilities to be used for prostitution or any illegal, immoral or illicit activities;

d. Violation of or non-compliance with any of the provisions of these Rules, promulgated orders, decisions and circulars issued by the Department and other concerned government agencies; and

e. Any other or omission that works against the interest of the tourism industry;

CHAPTER VIII

MISCELLANEOUS PROVISIONS

Section 28. Separability Clause. The provisions of these rules are hereby declared separable, and in the event that anyone or more of such provisions are declared invalid, the validity of all other provisions shall not be affected thereby.

Section 29. Repealing Clause. All existing Rules and Regulations or Circulars issued by the Department of Tourism Governing the Accreditation of Spa or the operations of Tourism-related establishment subject of these Rules as well as local ordinances which are inconsistent with the provisions of these Rules and Regulations are hereby repealed and superseded accordingly.

Section 30. Effectivity. These Rules and Regulations shall take effect after fifteen (15) days from date of publications in the official gazette or in a newspaper of general circulation.

APPROVED AND PROMULGATED THIS 4TH DAY OF JULY 2002.

MANILA, PHILIPPINES

RICHARD J. GORDON
Secretary

ATTESTED BY:

ATTY.OSCAR P.PALABYAB
Undersecretary
Tourism Services and Regional Offices

 

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