[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1201.40]

[Page 211]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1201--SAFETY STANDARD FOR ARCHITECTURAL GLAZING MATERIALS--Table 
of Contents
 
           Subpart C--Statements of Policy and Interpretation
 
Sec.  1201.40  Interpretation concerning bathtub and shower doors 
and enclosures.


    (a) Purpose and background. The purpose of this section is to 
clarify the scope of the terms ``bathtub doors and enclosures'' and 
``shower door and enclosure'' as they are used in the Standard in 
subpart A. The Standard lists the products that are subject to it (Sec.  
1201.1(a)). This list includes bathtub doors and enclosures, a term 
defined in the Standard to mean ``assemblies of panels and/or doors that 
are installed on the lip of or immediately surrounding a bathtub'' 
(Sec.  1201.2(a)(2)). The list also includes shower doors and 
enclosures, a term defined to mean ``(assemblies) of one or more panels 
installed to form all or part of the wall and/or door of a shower 
stall'' (Sec.  1201.2(a)(30)). Since the Standard became effective on 
July 6, 1977, the question has arisen whether the definitions of these 
products include glazing materials in a window that is located over a 
bathtub or within a shower stall and in the exterior wall of a building. 
The definitions of the terms ``bathtub doors and enclosures'' and 
``shower door and enclosure'' contain no specific exemption for glazing 
materials in such windows. If read literally, the Standard could include 
glazing materials in an exterior wall window located above a bathtub 
because that window could be interpreted as being ``immediately 
surrounding'' the bathtub. Similarly, the Standard, if read literally, 
could include glazing materials in an exterior wall window because that 
window could be interpreted as forming ``all or part of the wall * * * 
of a shower stall.''
    (b) Interpretation. When the Consumer Product Safety Commission 
issued the Standard, it did not intend the standard to apply to any item 
of glazing material in a window that is located over a bathtub or within 
a shower stall and in the exterior wall of a building. The Commission 
clarifies that the Standard does not apply to such items of glazing 
material or such windows. This interpretation applies only to the term 
``bathtub doors and enclosures'' and ``shower door and enclosure'' and 
does not affect the applicability of the Standard to any other product.

[46 FR 45751, Sept. 15, 1981]