[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1201.1]

[Page 194-198]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1201--SAFETY STANDARD FOR ARCHITECTURAL GLAZING MATERIALS--Table of Contents
 
                         Subpart A--The Standard
 
Sec. 1201.1  Scope, application and findings.


    (a) Scope. This part 1201, a consumer product safety standard, 
prescribes the safety requirements for glazing materials used or 
intended for use in any of the following architectural products:
    (1) Storm doors or combination doors.
    (2) Doors.
    (3) Bathtub doors and enclosures.
    (4) Shower doors and enclosures.
    (5) [Reserved]
    (6) Sliding glass doors (patio-type).

It also requires that these architectural products which incorporate 
glazing materials be constructed with glazing materials that meet the 
requirements of this part. The safety requirements are designed to 
reduce or eliminate unreasonable risks of death or serious injury to 
consumers when glazing material is broken by human contact.
    (b) Application. This part 1201 shall apply to glazing materials, as 
that term is defined in Sec. 1201.2(a)(11), for use in the architectural 
products listed in paragraph (a) of this section; and to those 
architectural products listed in paragraph (a) of this section if they 
are made with, or incorporate glazing materials as that term is defined 
in Sec. 1201.2(a)(11). The standard applies to glazing materials and 
architectural products incorporating glazing materials that are produced 
or distributed for sale to or for the personal use, consumption or 
enjoyment of consumers in or around a permanent or temporary household 
or residence or in recreational, school, public, or other buildings or 
parts thereof. This part 1201 applies only to those glazing materials 
manufactured after the effective date of the standard; and to those 
architectural products identified in paragraph (a) of this section that 
are manufactured after the effective date of the standard. Thus, 
architectural products identified in paragraph (a) of this section 
manufactured after the effective date of the standard must incorporate 
glazing materials that comply with the standard. For purposes of this 
standard, fabricators are considered to be manufacturers of the 
architectural products listed in paragraph (a) of this section. 
Architectural glazing materials used in the products listed in paragraph 
(a) of this section and used in mobile homes are not subject to the 
provisions of this part 1201. While this part 1201 prescribes a test 
method to determine whether glazing materials subject to this part 1201 
standard meet the requirements of the standard, the standard itself does 
not require that a manufacturer test any glazing materials or products 
subject to the standard. All obligations of manufacturers to perform 
testing are imposed by section 14 of the Consumer Product Safety Act and 
certification regulations which will be established by a separate 
rulemaking proceeding. However, the Commission intends to use the test 
procedures set forth in this part 1201 to determine whether materials 
and products subject to the standard meet the requirements of the 
standard.
    (c) Exemptions. The following products, materials and uses are 
exempt from this part 1201:
    (1) Wired glass used in doors or other assemblies to retard the 
passage of fire, where such door or assembly is required by a federal, 
state, local, or municipal fire ordinance.
    (2) Louvers of jalousie doors;
    (3) Openings in doors through which a 3 inch diameter sphere is 
unable to pass;
    (4) Carved glass (as defined in Sec. 1201.2(a)(36)), dalle glass (as 
defined in Sec. 1201.2(a)(37)), or leaded glass (as defined in 
Sec. 1201.2(a)(14)), which is used in doors and glazed panels (as 
defined in Secs. 1201.2(a)(7) and (a)(10)) if the glazing material meets 
all of the following criteria:
    (i) The coloring, texturing, or other design qualities or components 
of the glazing material cannot be removed without destroying the 
material; and
    (ii) The primary purpose of such glazing is decorative or artistic; 
and
    (iii) The glazing material is conspicuously colored or textured so 
as to be plainly visible and plainly identifiable as aesthetic or 
decorative rather than functional (other than for the purpose of 
admitting or controlliing admission

[[Page 195]]

of light components or heat and cold); and
    (iv) The glazing material, or assembly into which it is 
incorporated, is divided into segments by conspicuous and plainly 
visible lines.
    (5) Glazing materials used as curved glazed panels in revolving 
doors;
    (6) Commercial refrigerated cabinet glazed doors.
    (d) Findings \1\--(1) The degree and nature of the risk of injury 
the rule is designed to eliminate or reduce. The Commission finds that 
the nature of the risks of injury this standard is designed to eliminate 
or reduce are as follows:
---------------------------------------------------------------------------

    \1\ The Commission's findings apply to the architectural glazing 
standard as issued at 42 FR 1426, on January 6, 1977. Since that date, 
the Commission has revoked portions of the standard which prescribed 
requirements for ``glazed panels'' (45 FR 57383, August 28, 1980); an 
accelerated environmental durability test for plastic glazing materials 
intended for outdoor exposure (45 FR 66002, October 6, 1980); and a 
modulus of elasticity test, a hardness test, and an indoor aging test 
applicable to plastic glazing materials (47 FR 27856, June 28, 1982). 
However, the findings have not been revised and they are therefore, not 
fully applicable to the remaining requirements of the standard.
---------------------------------------------------------------------------

    (i) Lacerations, contusions, abrasions, and other injury or death 
resulting from walking or running into glazed doors or sliding glass 
doors believed to be open or glazed panels mistaken as a means of 
ingress or egress, or pushing against glazing material in doors or 
glazed panels in an attempt to open a door.
    (ii) Lacerations, contusions, abrasions, and other injury or death 
resulting from accidentally falling into or through glazed doors, 
sliding glass doors, glazed panels, bathtub doors and enclosures and 
shower doors and enclosures.
    (iii) Lacerations, contusions, abrasions, and other injury or death 
resulting from the act of installing, replacing, storing or otherwise 
manipulating glazing material in doors, sliding glass doors, glazed 
panels, bathtub doors and enclosures and shower doors and enclosures, or 
from broken glazing material in doors, sliding glass doors, glazed 
panels, bathtub doors and enclosures and shower doors and enclosures. 
The Commission estimates that 73,000 injuries associated with 
architectural glazing materials in the architectural products within the 
scope of this standard were treated in hospital emergency rooms during 
1975, and that about 2,400 of these injuries required the patients to be 
hospitalized. Extrapolating to total injuries in the United States the 
Commission further estimates that approximately 190,000 injuries were 
associated with architectural glazing products covered by this standard. 
Although injuries occur at any age, children aged 14 and under appear to 
be at particular risk of injury since as a group they represent 
approximately half the injuries while comprising less than 30 percent of 
the population. Lacerations are the most common injuries associated with 
architectural glazing materials and account for 72 percent to 93 percent 
of the injuries associated with the architectural products identified in 
paragraph (a) of this section. These lacerative injuries span a broad 
spectrum of severity and extent of body part affected. During 1975, an 
estimated 200 injuries were treated in emergency rooms for lacerations 
over 25 to 50 percent of the victims' bodies and over 7,000 persons were 
treated for lacerations to the head or face. On the basis of all injury 
information available to the Commission, it is apparent that the 
severity of the injuries associated with architectural glazing materials 
ranges from minor cuts to damage to tendons, nerves, muscles, and blood 
vessels resulting in extensive surgery. Peripheral nerve injuries result 
in varying degres of loss in sensation and motion which may never be 
restored completely. Tendon and muscle injuries may involve loss of 
movement. Some victims of architectural glazing material incidents are 
disfigured, and sustain emotional trauma as well. Severing of arteries 
and veins has led to death. One way of quantifying the extent of the 
public health problem relating to injuries associated with products is 
to estimate the total number of disability days resulting from the 
injuries. Using average days of restricted activity by age for specific 
injuries and body parts (Vital and Health Statistics, Series 10, Number 
57, National

[[Page 196]]

Center for Health Statistics, U.S. Department of Health, Education, and 
Welfare), it is estimated that about 230,000 days of restricted activity 
resulted from injuries associated with architectural products which were 
treated in emergency rooms alone.
    (2) The approximate number of consumer products, or types or classes 
thereof, subject to the standard. The types of glazing materials 
affected by or subject to the standard are laminated glass, tempered 
glass, wired glass, organic-coated glass, annealed glass, and plastics. 
Architectural products that incorporate the aforementioned glazing 
materials that are also affected by or subject to the standard are: 
storm doors or combination doors, doors, bathtub doors, and enclosures, 
shower doors and enclosures, glazed panels and sliding glass doors 
(patio-type) (see paragraph (a) of this section). The Commission has 
estimated that 13 to 16 percent of the total market for glazing material 
incorporated in products within the scope of the standard will be 
affected by the standard. Most of the glazing subject to the standard is 
currently covered by state safety glazing legislation. To date, more 
than 30 states have enacted safety glazing legislation, but this 
legislation is neither consistent nor completely uniform among states. 
Annual markets for the architectural products which incorporate glazing 
material and that are within the scope of the standard have been 
estimated by the Commission in terms of square feet of glazed area and 
number of units. The market for glazing material incorporated in 
products within the scope of the standard was estimated to be 234.8 
million square feet in 1975. These figures are discussed in the Economic 
Impact Statement, pp. 3-7, and appendix A to the Economic Impact 
Statement, pp. 18-30, which are available for review in the Office of 
the Secretary of the Commission, Washington, D.C. 20207.
    (3) The need of the public for the architectural glazing material 
and products incorporating that glazing material subject to the 
standard, and the probable effect of the standard upon the utility, cost 
or availability of those products to meet the need of the public--(i) 
The need of the public for the architectural glazing materials and 
products incorporating that glazing material. The need of the public for 
architectural products within the scope of the standard incorporating 
glazing material is substantial since these products serve such 
functions as transmission of light, visual communication, protection 
from weather, ventilation, and indoor climate control, and since 
reasonable substitutes for these products do not exist as a group. Each 
of the types of glazing material subject to the standard has individual 
properties which meet public needs, although one type of glazing 
material is often an acceptable substitute for another.
    (ii) Probable effect of the standard upon the cost of architectural 
glazing materials and architectural products incorporating the glazing 
material to meet the need of the public for the products. The probable 
cost effects of the standard for architectural glazing materials are 
listed below.
    (A) The cost impact of the standard on consumers will be 
concentrated in those states with no present state safety glazing 
legislation. In those states, the average increase in cost per housing 
start resulting from the standard is estimated to range from $30 to $50, 
or approximately one-tenth of one percent of the price of a typical new 
house; and the cost for residential remodeling and replacement is 
expected to be in the range of $0.25 to $0.30 per household annually.
    (B) The increased cost of glazing material for nonresidential uses 
will be paid ultimately by consumers through higher prices of goods and 
services. Generally, the increased cost of glazing is not passed to 
consumers immediately, but is spread over the life of the nonresidential 
structure. Therefore, the increased cost to consumers for glazing 
material in nonresidential structures will probably rise slowly over 
time to an annual level of approximately $1.10 per household in states 
with no safety glazing legislation and $0.20 to $0.50 per household in 
the other states. In many of the states with state regulations, the 
impact of the standard on residential construction and new housing 
prices will be near zero, since most of the glazing is currently covered 
by the state glazing legislation.

[[Page 197]]

    (C) The probable effect of the standard on the various glazing 
materials within the scope of the standard will differ. The retail price 
of laminated glass used in some Category II applications will probably 
increase by 10 to 15 percent per square foot. The incremental cost to 
consumers for ungraded laminated glass is estimated to be approximately 
$0.14 per household, annually. The cost to consumers for tempered glass, 
organic-coated glass, and plastics is not expected to increase because 
of the standard. Information available to the Commission indicates that 
the technology needed for producing wired glass which can comply with 
the standard is not readily available. See appendix A of the Economic 
Impact Statement, pp. 45-56, for the incremental cost calculation by 
product category and application.
    (iii) Probable effect of the standard upon the utility of 
architectural glazing materials and architectural products incorporating 
the glazing materials to meet the need of the public for the products. 
The probable effect of the standard in regard to the utility of 
architectural glazing materials and the architectural products 
incorporating glazing material should be to increase the utility of the 
products. The basic effect of the standard would be the substitution of 
certain safer glazing materials for annealed glass in certain 
architectural products. The Commission believes that such a substitution 
would increase utility for most consumers because of the usually 
increased durability of the glazing material that complies with the 
Commission's standard, and the knowledge that the product incorporating 
the glazing material is safer. There will be disutility for those 
consumers who prefer non-complying wired glass and organic-coated glass 
when these materials become unavailable for certain applications due to 
their likely inability to comply with the standard. However, the share 
of the glazing material market claimed by organic-coated and wired glass 
is small.
    (iv) Probable effect of the standard upon the availability of 
architectural glazing materials and architectural products incorporating 
the glazing materials to meet the need of the public for the products. 
The Commission finds that the proposed standard should not have impacts 
of significant magnitude on the availability of architectural products 
within the scope of the standard, since domestic production capacity 
appears to be sufficient to handle any increased demand for glazing 
material to be used in those products. In addition, an increased demand 
for raw materials necessary to manufacture glazing materials that comply 
with the standard will be small in comparison to the volume of raw 
materials currently used for glazing for the products that will be 
subject to the standard. Furthermore, no major change in demand for the 
architectural products subject to the standard incorporating glazing 
materials which would affect production is expected. The Commission 
finds that, in the absence of technological advances, certain glazing 
materials will no longer be available for particular applications. 
Unless technological advances are made, wired glass will be unavailable 
for use in the architectural products within the scope of the standard 
with the exception of fire door applications where special provisions of 
the standard apply. Similarly, organic-coated glass which has the film 
applied to annealed glass at the factory may no longer be available for 
Category II products due to an inability to pass those impact test 
provisions of the standard. The availability of glass replacement 
glazing in residential applications may be reduced, since plastic 
glazing often will be the only economical material available to 
consumers when immediate replacement is needed.
    (4) Any means of achieving the objectives of the standard while 
minimizing adverse effects on competition or disruption or dislocation 
of manufacturing and other commercial practices consistent with the 
public health and safety. The Commission has considered other means of 
achieving the objective of the standard, but has found none that it 
believes would have fewer adverse effects on competition or that would 
cause less disruption or dislocation of manufacturing and other 
commercial practices, consistent with the public health and safety. For 
the glazing industry in general, the disruptions and dislocations

[[Page 198]]

of existing manufacturing and commercial practices due to the standard 
are expected to be minor. However, it is possible that individual 
segments of the glazing materials industry are likely to be adversely 
affected by the standard. Specifically, there is likely to be disruption 
to the wired glass market, the organic-coated glass market and, to a 
lesser extent, to the laminated glass market. Manufacturers of wired 
glass will face a serious problem because technological improvements in 
the product will need to be made before wired glass can be used in 
Category I applications and because it probably will not be usable at 
all in Category II applications (see Sec. 1201.2(a) (3) and (4) of the 
standard), since there appears to be little prospect at this time of 
developing a wired glass product capable of withstanding the Category 
II, 400 foot pound impact test prescribed in Sec. 1201.4 of the 
standard. Laminated glass currently used for Category I applications can 
meet the 150 foot pound impact test requirements, but not all laminated 
glass currently used for Category II applications can meet the 400 foot 
pound impact test requirements. The price increase for technologically 
upgrading laminated glass will be borne by consumers. The Commission 
believes, however, that the competitive impact of the proposed changes 
would not severely weaken the position of laminated glass in the market 
place. The wired glass, organic-coated glass, and laminated glass 
markets affected by the standard are small in relation to the entire 
industry. The standard is not expected to have an appreciable impact on 
foreign or domestic competition. Increased competition is expected 
between primary glass temperers and regional temperers, with primary 
temperers taking an increased share of the original storm door, sliding 
door, bathtub enclosure and shower door markets. Sales of nonresidential 
glazing for major nonresidential buildings will remain with the primary 
glass companies. The regional temperers are expected to handle almost 
all the tempering of glazing for smaller nonresidential buildings. Thus, 
they will gain some of this market at the expense of local dealers and 
distributors. However, the distributors and dealers probably will 
operate as order takers for the smallest jobs. It is expected that 
glazing distributors and dealers will experience reduced market shares 
in both the residential and nonresidential new glazing markets. This 
will occur as a result of the transfer of business to the primary glass 
manufacturers and regional temperers, since tempered glass must be 
produced to size and it is not feasible to keep in inventory all sizes 
which might be needed.
    (5) Summary finding. The Commission finds that there are 
unreasonable risks of injury associated with architectural glazing 
materials used in the architectural products listed in paragraph (a) of 
this section. In assessing the question of whether unreasonable risks of 
injury or injury potential are associated with architectural glazing 
materials, the Commission has balanced the degree, nature and frequency 
of injury against the potential effect of the standard on the ability of 
architectural glazing materials to meet the need of the public and the 
effect of the standard on the cost, utility, and availability of 
architectural glazing materials to meet that need. The Commission finds 
that this standard, including its effective date, is reasonably 
necessary to eliminate or reduce the unreasonable risks of injury 
associated with architectural glazing materials and that promulgation of 
the standard is in the public interest.

(Sec. 9(e), Pub. L. 92-573, 86 Stat. 1215 (15 U.S.C. 2058(e)) (5 U.S.C. 
553)

[42 FR 1441, Jan. 6, 1977, as amended at 43 FR 57246 Dec. 7, 1978; 45 FR 
57389, Aug. 28, 1980; 47 FR 27856, June 28, 1982; 49 FR 7107, Feb. 27, 
1984]