Page 11 - Sourcebook 2015 OE
P. 11

Sourcebook 2015

                                              The Stained Glass Association of America

applied to the products                       as a component of leaded glass panels, and                       4. The glazing material, or
described in the petition, i.e.,              generally did not constitute a separate cat-                assembly into which it is incor-
patinaed, leaded and faceted                  egory of decorative glazing material.                       porated, is divided into seg-
glass. SGAA stated that decora-                                                                           ments by conspicuous and
tive glazing materials of the                      In the Federal Register of March 15,                   plainly visible lines.
types described in its petition               1978, the Commission proposed an amend-
could not be manufactured to                  ment to the standard. The proposal applied                       After consideration of the
conform to the standard, were                 to “carved glass,” “faceted glass” and                      injury information associated
used for decorative and artistic              “leaded glass1” that met the following cri-                 with these products, the aes-
purposes, and were produced in                teria:                                                      thetic characteristics of the dec-
extremely limited quantities.                                                                             orative glazing materials and
                                                   1. The coloring, texturing or other                    technical problems of produc-
     SGAA also argued that the                design qualities or components of the glaz-                 ing decorative glazing materi-
standard effectively eliminated               ing material cannot be removed without                      als that comply with the stan-
all of its products from use in               destroying the material; and                                dard, the Commission pro-
glazed panels and decorative                                                                              posed an exemption for carved,
glass as an art form. After con-                   2. The primary purpose of such glaz-                   faceted and leaded glass used
sidering SGAA’s arguments                     ing is decorative or artistic; and                          in doors and glazed panels
and reviewing information                                                                                 without regard to their size.
obtained by its staff, the Commission, on          3. The glazing material is conspicu-
June 30, 1977, issued an order to stay the    ously colored or textured so as to be plain-       The amendment, as proposed, would
standard, pending action on the petition,     ly visible and plainly identifiable as aes-   not exempt any decorative materials used
for “faceted glass,” “patinaed glass” and     thetic or decorative rather than functional   in any storm door, sliding glass door (patio
“leaded glass,” as those terms were defined   (other than for the purpose of admitting or   type), bathtub door and enclosure, or
in the order when those materials are used    controlling admission of light components     shower door and enclosure from the
in doors, storm doors and glazed panels       or heat and cold); and                        requirements of the standard.
having no individual piece of glazing
material greater than nine square feet in                           11                           The basis for the proposed amendment
area, provided certain specified criteria                     was that only small quantities of glazing
were met. Notice of the stay of the standard                                                were covered by the amendment; any risk
was published in the Federal Register on                                                    of injury was mitigated by the visibility of
August 9, 1977 (42 FR 40188).                                                               decorative glass; substitute glazing that
                                                                                            complied with the standard generally was
     Discussion between the Commission                                                      not available; and not granting an exemp-
staff and SGAA on the petition, after the                                                   tion would reduce aesthetic qualities of the
Commission issued its stay of enforce-                                                      products with a resulting loss of consumer
ment, disclosed that although the stay of                                                   utility. These reasons are discussed in more
enforcement did not include carved or                                                       detail in the proposal.
etched glass, the same considerations that
led to the stay of enforcement would sup-                                                         1. Because “patinaed glass” is used as a compo-
port an exemption for carved or etched                                                      nent of leaded glass panels, the March 15, 1978 pro-
glass.                                                                                      posal did not refer to “patinaed glass” as a separate
                                                                                            category of glazing material.
     Those discussions also indicated that
“patinaed glass” was almost always used                                                                                     Ω

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