Surf Camps & Instructors Philippine Regulations

Surf Camps & Instructors Regulations: The Philippine New Normal

The Department of Tourism Philippines (DOT) updated their Rules and Regulations for Surf Camps and Instructors on Wednesday 24^th June 2020.

Definitions used in the DOT Rules and Regulations for Surf Camps & Instructors

“Surfing Camp” – an enterprise offering professional surfing lessons/programs which have facilities, equipment and instructional staff. It can be a stand-alone facility or an extension of a resort or a hotel.

“Surfing Instructor” – a person who provides professional knowledge and assistance on proper and safe surfing, for a fee, commission or any other form of lawful remuneration and who is certified by any recognized international surfing organization.

“Assistant Surfing Instructor” & “receiver / catcher” – non-certified staff who assists the surfing instructor during a surfing lesson.

“Accreditation” – Businesses which have complied with the minimum standards for operation of tourism facilities and services and received certification from the DOT.

“DOT Tourism Quality Seal” – the seal issued to accredited tourism businesses, or frontliners, confirming they have passed the DOT’s standards and requirements.

“Basic-Life Support-Cardiopulmonary Resuscitation (BLS-CPR) Course” – A specific training course covering knowledge and basic skills in first-aid, for someone whose heart has stopped, by the Philippine Red Cross, Philippine Life Saving or any Philippine Coast Guard accredited organization.

“First Aid Course” – A specific training course covering knowledge and basic skills in first-aid, for a person who has been injured or suddenly become ill, by the Philippine Red Cross, Philippine Life Saving or any Philippine Coast Guard accredited organization.

“Water Safety Course (Swimming, Aquatic Lifesaving and Life Guarding)” – a training course conducted by the Philippine Red Cross, Philippine Life Saving or any Philippine Coast Guard accredited organization covering survival and lifesaving techniques.

Accreditation Requirements Surf Camps

Accreditation Applications should be submitted through the DOT Online Accreditation System. Applications can also be submitted, in person, to the DOT Regional Office where the surfing establishment will be located.

Who can apply for Accreditation

Sole proprietorship
A One-Person Corporation (OPC) organized under Philippine laws
A Partnership organized under Philippine laws, where at least 60% of its capital is owned by a Filipino citizen
A Corporation organized under Philippine law, where at least 60% of all kinds of shares of stock are owned by Filipino citizens, and at least 60% of the members of the Board of Directors are Filipino citizens
A Cooperative duly organized under Philippine laws
Any other entity duly created by an LGU by virtue of an Executive Order or Sanggunian Ordinance for the purpose of operating the surf camp
A business with more than 40% foreign-ownership. This business must have at least $200,000.00 paid-in capital stock as set out in the the Foreign Investments Act of 1991 (Republic Act No. 7042).

Mandatory Requirements for New Accreditation Applications: Surfing Camp

Latest Mayor’s permit to operate, issued by the concerned LGU
A certified, true copy of the Articles of Incorporation/ Partnership for Corporation / Partnership/ One Person Corporation applicants
A certified, true copy of the Certificate of Business Name Registration, issued by Department of Trade and Industry (DTI), for Single/Sole Proprietorship applicants
A certified, true copy of Articles of Cooperation, for Cooperative applicants
A certified, true copy of Executive Order/ Ordinance creating for LGU-owned entity applicants
A Valid Comprehensive General Liability Insurance with minimum amount of P500,000.00. This insurance must include a condition to answer for any and all liabilities such as, but not limited to:-

bodily injury
personal injury
property loss or damage resulting from, or incurred due, to negligence of a surfing instructor on duty or the surfing camp in the course of its business operation, in accordance with the findings of the appropriate authority.

A List of all employee names of the surfing camp; Surf Instructors and assistant surfing instructors.

Mandatory Documentary Requirements for Renewal of Accreditation: Surfing Camp

A Mayor’s permit/permit to operate latest issued by the concerned LGU
A Valid Comprehensive General Liability Insurance with minimum amount of P500,000.00. This insurance must include a condition to answer for any and all liabilities such as, but not limited to:-

bodily injury
personal injury
property loss or damage resulting from, or incurred due, to negligence of a surfing instructor on duty or the surfing camp in the course of its business operation, in accordance with the findings of the appropriate authority.

Updated list of names of all surfing camp’s employees, Surf Instructors and assistant surfing instructors.

Accreditation Requirements Surfing Instructors

Who can apply for Accreditation?

A Filipino citizen who is eighteen years or older, is physically fit and has not been convicted for any crime. They must be conversant in English and Filipino

Mandatory Requirements for New Accreditation Applications: Surfing Instructor

A valid Occupational Permit issued by concerned LGUs or its equivalent
A valid National Bureau of Investigation (NBI) Clearance
A Surfing Instructor’s Training Course Certification, or a valid certification from any internationally qualified and recognized surfing certifying organization
Has the following valid certifications from any of the Philippine Red Cross/Philippine Coast Guard/Philippine Life Saving (or any other organization accredited by Philippine Coast Guard or recognized/accredited by a Philippine Coast Guard accredited entity):-

First Aid Course
Basic Life Support-Cardiopulmonary Resuscitation (BLS-CPR)
Water Safety Course;

A valid Health Certificate from a licensed Government physician stating that the applicant is physically fit to work;
A valid drug test result pursuant to Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.

Mandatory Documentary Requirements for Renewal of Accreditation: Surfing Instructor

A valid Occupational Permit issued by concerned LGUs or its equivalent
A valid NBI Clearance
A valid Surfing Instructor Certificate from an internationally qualified and recognized surfing certifying organization
Renewal of the following valid certifications from any of the Philippine Red Cross/Philippine Coast Guard/Philippine Life Saving (or any other organization accredited by Philippine Coast Guard or recognized/accredited by a Philippine Coast Guard accredited entity):-

First Aid Course
Basic Life Support-Cardiopulmonary Resuscitation (BLS-CPR)
Water Safety Course

A valid Health Certificate of Surf Instructors from a licensed Government physician stating that the applicant is physically fit to work
A valid drug test result pursuant to RA 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.

Minimum Requirements for Surf Camps

The Surf Camp location shall be accessible or within proximity of an ocean surf site or wave pool.
Surf Camps located away from the beach shall have available vehicles to transport students to the nearest surf spot.
A dedicated area to store surf boards, which should include at least five soft surfboards and five hard surfboards
Surfboards must be of good quality and in good condition
Camps are required to have their standard surfing lesson packages clearly displayed and visible.
Clear and honest refund policies, complaints handling, and response procedures.
At least one fully functioning mobile phone, or two-way radio, and/or other communication equipment for emergency purposes. Functional means fully-charged and have enough load for pre-paid mobile phones.
A standard first-aid kit and first-aid equipment, plus splints and bandages for orthopaedic emergencies, which are regularly updated and readily available
An Emergency Response Procedure posted in a conspicuous place at the camp.
A list of emergency phone numbers of nearest hospitals or clinics readily available.

Additional Requirements for Stand-alone Surf Camps

Should have an area of at least 100 square feet (10ft x10ft), which is properly roofed and walled, whether permanently or collapsible, to keep it secured during non-operating hours.
At least one toilet and bath cubicle and one indoor and/or outdoor shower with clean fresh running water, which is kept clean at all times.
An appropriate storage area where guests can leave and store valuables. In the absence of a secured locker/s, the camp must be manned or supervised during operating hours.

Additional Requirements for Surf Camps with Wave Pools

A surfing area separate from swimming / non-surfing area.
A facility which is large enough to accommodate a maximum of eight students per surfing instructor, depending on the size and depth of the wave pool.

Operation Guidelines: Surf Camps

At least one Certified Surfing Instructor shall handle one to a maximum of two students per lesson.
Assistant Surfing Instructor or Receiver / Catcher shall not be allowed to conduct surfing lessons.

Operation Guidelines: Surf Camps with Wave Pools

At least one Certified Surfing Instructor shall handle a maximum of eight students per lesson.
For surfing lessons conducted in a wave pool, there shall be at least one assistant surfing instructor for every four students per lesson.
Pools shall be regularly filtered to ensure that the water is clean, non-turbid and properly treated to prevent the presence of bacteria and other threatening organisms.
Any possible hazard such as broken tiles or concrete pool walls and floors, mud, dirt, plastics, and other debris or damaged pool parts shall be removed and/or repaired immediately.
Wave pool machines shall undergo regular maintenance to avoid accidents during surfing lessons.
Daily record of inspection and maintenance of the wave pool machine shall be maintained
Area should have warning sound or public address system to inform the public of the activation / deactivation of the wave pool machine.
“No entry for non-surfers” signage must be displayed within the wave pool surfing area.

Environmental Requirements

The surfing camp shall be kept clean and tidy with segregated trash bins and a proper waste management system. The trash bins must be labelled as biodegradable, non-biodegradable, recyclable or reusable.
The use of single- use plastics shall be prohibited.

Accreditation Fee.

The Certificate of Accreditation shall be valid for a period of two years. It is non-transferable.

A non-refundable filing fee shall be collected for the processing of the application, which shall include the issuance of Accreditation Certificates, and a DOT Identification Card for Surf Instructors and DOT Sticker for Surf Camps.

Penalties for Late Renewal of Accreditation.

An additional 25% surcharge of the above accreditation fee will be applied to late renewal applications; applications made after July 31^st. There will be a Penalty of 50% of the accreditation fee for every succeeding year thereafter.

Lost Certificate/Identification Card.

The fee for the reproduction of lost or damaged Accreditation Certificates or ID’s upon submission of letter request and duly notarized Affidavit of Loss are as follows:

Payment for the reproduction of:

Surfing Camp Surfing Instructor

Accreditation Certificate P 1,500.00 P 300.00

Surf Instructors ID n/a P 300.00

Displaying your DOT Tourism Quality Seal and Accreditation Number.

The DOT accreditation sticker should be visibly displayed at the Surfing Camp, at all times.
Surf Camps must include the DOT Tourism Quality Seal and Accreditation Number with validity in all its advertisements, brochures, and promotional materials, whether in-print or online.

Identification Card, Nameplate / Uniform.

A surf instructor should show their Accreditation ID to their students before the surf lessons begin. If the Surf Camp or instructor do not have branded uniforms instructors are required to wear proper clothing in accordance with the appropriate dress code in the surfing industry.

Issuance of Tourism / Travel Advisory.

The Department of Tourism will publish advisories where Surf Camps or Instructors have violated the terms of their Accreditation only after due investigation and notice. The advisories will include the following:

Complete identification of the Surf Camp / Instructor;
The specific term or terms of accreditation violated; and
The statement that the advisory shall only be lifted upon continued compliance of the Surf Camp / Instructor within the terms and conditions of accreditation.

Monitoring.

Spot Checks may be undertaken on Surf Camps. This will be to determine whether they are kept and/or managed in conformance with the standards set by the Department.

Schedules of Fines and Penalties.

Violation of, or non-compliance with, any of the above Rules and Regulations, or commission of the following acts shall be sufficient ground for the denial, suspension, or cancellation/revocation of Accreditation of Surf Camps and Surf Instructors(Section 39 of Republic Act No. 9593).

Grounds for Denial of Applications for Accreditation

The Department of Tourism may deny the application for Accreditation of Surf camps or Instructors on the following grounds:

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 purpose of obtaining Accreditation;
Failure to comply with the standards and requirements for Accreditation;
Failure to pay outstanding fines and penalties;
A determinative finding of liability for complaint/s filed against the Surfing Camp/ Surf Instructor with the DOT. Provided, that this disqualification will only apply to the next Accreditation period and will be automatically lifted thereafter upon payment of any unpaid fines and penalties;
Any other act or omission deemed to be detrimental to the tourism industry.

Grounds for Suspension, Revocation, and Cancellation of Accreditation and Schedule of Fines and Penalties

Unauthorized use and/or transfer/reproduction of DOT Accreditation Certificates, Stickers, IDs, or any document issued by the DOT
Gross misconduct, dishonesty, and evident bad faith in dealing with clients

Engaging the services of non-DOT accredited Surf Instructors or other tourism frontliners and service providers

Failure of the Surf Camp to display the DOT Accreditation Sticker in a conspicuous place and failure of the Surf Instructor to present Accreditation ID during surf sessions

Failure to display/specify the DOT Tourism Quality Seal and Accreditation Number with validity in all of its advertisements through print or online media

Promotion, facilitation, or conduct of activities involving drug-related transactions or any form of exploitation of women or children, determined after due investigation

Failure to comply with existing laws against discrimination (e.g. gender, age and physical condition)

Making any false declaration or statement, or any document containing the same, or committing fraud, or any act of misrepresentation, to obtain the grant or Accreditation

Violation or non- compliance with any of the provision of these Rules, Orders, Circulars and other issuance’s issued by the Department

Any other act or omission deemed to be detrimental to the tourism industry

Notice of Violation.

The DOT shall likewise issue a Notice of Violation to the concerned LGU to recommend the suspension or revocation/cancellation of issued licenses/permits of the Surf Camps and Surf Instructors found to have violated the terms of their accreditation.

Section 19. Lifting of Suspension.

Suspension of Surf Instructors shall only be lifted upon serving the full term of the suspension order, and submission of Letter Request for reactivation with proof of settlement of complaints filed against the camp or instructor, if any, and payment of any unpaid fines and penalties.

For further details visit the Department of Tourism Announcement