Pennsylvania Act 1971-5 — REQUIRING THE USE OF SAFETY GLAZING MATERIALS

Act text

AN ACT

Requiring the use of safety glazing materials in hazardous locations in residential, commercial and public buildings, imposing duties on the Department of Labor and Industry and providing penalties.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Definitions.--As used in this act:

(1) "Safety glazing material" means any glazing material, such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the requirements of USA Standard Z-97.1-1966 or such requirements adopted by the State Department of Labor and Industry, and which are so constructed, treated or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material.

(2) "Hazardous locations" means those installations, glazed or to be glazed in commercial and public buildings, known as framed or unframed glass entrance doors; and those installations, glazed or to be glazed in residential buildings and other structures used as dwellings, commercial buildings, and public buildings, known as sliding glass doors, storm doors, shower doors, bathtub enclosures, and fixed glazed panels adjacent to entrance and exit doors which because of their location present a barrier in the normal path traveled by persons going into or out of these buildings, and because of their size and design may be mistaken as means of ingress or egress; and any other installation, glazed or to be glazed, wherein the use of other than safety glazing materials would constitute an unreasonable hazard as the Secretary of Labor and Industry may determine after notice and hearings; whether or not the glazing in such doors, panels, enclosures and other installations is transparent.

(3) "Installer" includes those persons or concerns who install glazing materials, or build structures containing glazing materials, in hazardous locations: Provided, however, That it shall not include any glazier who installs glazing material on a job site as an employe of a contractor or subcontractor responsible for the installation.

(4) "Manufacturer" means a person or company which manufactures safety glazing material.

(5) "Fabricator" means a person or company which fabricates, assembles, or glazes from component parts such structures or products commonly known as sliding glass doors, entrance doors, adjacent fixed glazed panels, storm doors, shower doors, bathtub enclosures, panels to be fixed glazed, entrance doors, or other structures to be glazed, to be used or installed in hazardous locations.

Section 2. Labeling.--Each light of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations or installed in such a location within the Commonwealth of Pennsylvania, shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material on the safety glazing material, or by other suitable means. The label shall identify the labeler, whether manufacturer, fabricator or installer, and the nominal thickness and the type of safety glazing material and the fact that said material meets the test requirements of USA Standard Z-97.1-1966 and such further requirements as may be adopted by the Department of Labor and Industry. The label must be legible and visible after installation.

Section 3. Posting, Painting or Marking.--Transparent glass or plastic doors in commercial or public places in buildings open to the public, must in addition to use of safety glazing materials, be posted, painted, or otherwise marked in such a manner as to alert the public as to their presence in accordance with standards, rules and regulations of the Pennsylvania Department of Labor and Industry. Such posting, painting, or marking shall also be required in those places previously glazed with non-safety glazing materials, prior to the effective date of this act.

Section 4. Unlawful Acts.--It shall be unlawful, for use in the Commonwealth of Pennsylvania, to knowingly sell, fabricate, assemble, glaze, include in specifications, install or consent to be installed any product commonly known as a sliding glass door, entrance door, fixed glazed panel adjacent to an entrance door which may be mistaken for means of ingress or egress, storm door, shower door, tub enclosure or any other glazed structure for use in any hazardous locations, where said product, glazing material or glazed structure contains any glass or glazing product other than safety glazing material.

Section 5. Penalty.--Whoever violates the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof, shall be sentenced to pay a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or to undergo imprisonment for not less than one nor more than two years, or both.

Section 6. Enforcement.--The Pennsylvania Department of Labor and Industry shall enforce those provisions of this act which pertain to commercial and public buildings.

Section 7. Repeal.--The act of December 6, 1965 (P.L.1028), entitled "An act requiring that transparent glass doors in commercial and public places in buildings open to the public be provided with safety glazing materials or be posted, painted or otherwise marked for the protection of the public; requiring safety glass in certain cases; imposing powers and duties on the Department of Labor and Industry to promulgate standards, rules and regulations; and providing penalties," is repealed, absolutely.

Section 8. Effective Date.--This act shall take effect January 1, 1972 but shall not apply to any contract awarded pursuant to an invitation for bids issued on or before the date it takes effect.