CHAPTER 90

FORMERLY SENATE BILL NO. 230

AN ACT TO AMEND PART VII, TITLE 16 OF THE DELAWARE CODE REQUIRING THE USE OF SAFETY GLAZING MATERIALS IN HAZARDOUS LOCATIONS IN RESIDENTIAL, INDUSTRIAL, COMMERCIAL OR PUBLIC BUILDINGS AS A MEANS OF PROTECTING THE PUBLIC AGAINST DEATH AND INJURY CAUSED BY SPLINTERED GLASS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Part VII, Title 16 of the Delaware Code, by adding thereto a new chapter, to be known and referred to as Chapter 86, which new chapter shall read as follows:

CHAPTER 86. GLASS AND SAFETY GLAZED MATERIALS §8601. Definitions

As used in this Act:

(A) "Safety glazing material" means any glazing material, such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of the current American National Standards Institute Standard Z-97.1 and such further requirements as may be adopted by the Building Inspector of the county in which the construction is done after notice and hearing as required by the county in which the construction is located, 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.

(B) "Hazardous locations" means those installations, glazed or to be glazed in industrial, 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, industrial buildings, 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 inspector of the county in which the construction is done may determine after notice and hearings as required by the county in which the construction is located whether or not the glazing in such doors, panels, enclosures and other installations is transparent.

§8602. Labeling required

(A) Each light of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations or installed in such a location within the State of Delaware 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 the current American National Standard Institute Standard Z-97.I and such further requirements as may be adopted by the building inspector of the county in which the construction is done.

The label must be legible and visible after installation.

(B) Such safety glazing labeling shall not be used on other than safety glazing materials.

§8603. Safety glazing materials required

It shall be unlawful within the State of Delaware to sell, fabricate, glaze or contract to install for another, glazing materials other than safety glazing materials in, or for use in, any hazardous location.

§8604. Employees not covered

No liability under this Act shall be created as to workmen who are employees of a contractor, subcontractor, or other employer responsible for compliance with this Act.

§8605. Penalty

Whoever violates the provisions of this Act shall, upon conviction thereof, be sentenced to pay a fine of not less than $50.00 or more than $1000. The Superior Court of the State of Delaware shall have exclusive jurisdiction of violations of this Chapter.

§8606. Local ordinances

This Act shall supersede any local, municipal or county ordinance or parts thereof relating to the subject matter hereof.

Section 2. Effective date

This Act shall take effect January 1, 1972, but it shall not apply to any verbal or written contract, involving the manufacture, fabrication, glazing, construction, installation, purchase or sale of glass, awarded or consummated prior thereto.

Approved May 20, 1971.