Greg Abel of Advocates for Safe Glass (AFSG) and Oregon Senator Vicki Walker
are preparing to file legal action against the Consumer Product Safety Commission
(CPSC) for "failing to enforce federal regulations enacted in 1977 to protect
the public against the dangers of wired glass," stated an announcement issued
by Senator Walker's office.
The two are filing legal action against the CPSC for not removing the temporary
exemption from the safety compliance standard that was given to wired glass in
1977. Since there were no other fire-rated glazing products at the time, the exemption
allowed wired glass to be used in fire doors to ensure compliance with state and
local fire codes.
The legal action, which will be filed as a writ of mandamus under the Administrative
Procedures Act, will request judicial review of the CPSC's absence of discretion
in failing to implement the federal ban on the use of glazing in doors that does
not meet the CPSC standard 16 CFR 1201, the announcement stated.
In a letter dated May 12, 2004, from the CPSC to the International Code Council,
the CPSC said that the wired glass exemption "is very narrow and only applies
when use is required by fire codes and ordinances," the announcement said.
It continued, saying that despite the fact that wired glass is no longer required
by building codes enforced by state and local jurisdictions, the CPSC has still
not stopped the use of wired glass at a national level.
"The CPSC has admitted it has jurisdiction over this dangerous product,"
said Senator Walker. "They have the ability to immediately issue safety advisories
and a national recall to remove it from locations where it has been used illegally
for [more than] a decade, and yet they choose to do nothing."
This announcement is the latest step taken by AFSG and Senator Walker to advance
the use of safe glazing products in lieu of wired glass in schools, athletic facilities
and public buildings where it can cause serious injuries. Their efforts have already
been successful in that the states of Oregon and Washington, which have changed
their building codes to eliminate the use of wired glass in new construction.
AFSG was also successful in seeing the 2006 International Building Code changed
to ban the use of wired glass that does not meet the CPSC standard.
HERE to read the full press release.