WVC 47 -
CHAPTER 47. REGULATION OF TRADE.
WVC 47 - 5 -
ARTICLE 5. SAFETY GLAZING MATERIALS.
WVC 47 - 5 - 1
For the purposes of this article:
(a) "Fabricator" means a person who fabricates, assembles,
or glazes from component parts such structures or products
commonly known as sliding glass doors, entrance doors, adjacent
fixed glazed panels, storm doors, shower doors, bathtub
enclosures, panels to be fixed glazed, entrance doors, or other
structures to be glazed, to be used or installed in hazardous
(b) "Hazardous location" shall mean those areas in
residential, commercial, and public buildings where the use of
other than safety glazing materials would constitute a hazard as
the commissioner of the West Virginia department of labor may
determine after notice and hearings as required by chapter twenty- nine-a of this code, and shall specifically include those
installations, glazed or unglazed, known as sliding glass doors,
frame or unframed glass doors, and adjacent fixed glazed panels
which may be mistaken for a means of ingress or egress, storm
doors, shower doors, and tub enclosures whether or not the
glazing in such doors, panels, or enclosures is transparent.
(c) "Installer" means those persons or concerns who or which
install glazing materials or build structures containing glazing
materials, in hazardous locations.
(d) "Manufacturer" means a person who manufactures safety
(e) "Safety glazing material" means any glazing materials,
such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of the American
National Standards Institute Standard Z-97.1-1966 and such
further requirements as may be adopted by the department of labor
in compliance with chapter twenty-nine-a of the code of West
Virginia 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 glazing
WVC 47 - 5 - 2
§47-5-2. Labeling required.
(a) Each light of safety glazing material manufactured,
distributed, imported or sold for use in hazardous locations or
installed in a hazardous location within this state shall be
permanently labeled by such means as etching, sandblasting or
firing ceramic material on the safety glazing material. The
label shall identify the labeler, whether manufacturer,
fabricator or installer, the thickness and type of safety glazing
material, and the fact that the material meets the test
requirements of American National Standards Institute Standard Z-
97.1-1966 and any further requirements as may be adopted by the
department of labor. The label must be legible and visible after
(b) Safety glazing labeling shall not be used on other than
safety glazing materials.
WVC 47 - 5 - 3
§47-5-3. Safety glazing materials required in hazardous
It shall be unlawful in this state to knowingly sell,
fabricate, assemble, glaze, install, consent or cause to be
installed glazing materials other than safety glazing materials
in, or for use in, any hazardous location: Provided, however,
That this shall not apply to the replacement of glazing materials
in a residence constructed for occupancy of not more than two
families, which residence is in existence on July first, one
thousand nine hundred seventy-one.
WVC 47 - 5 - 4
§47-5-4. Nonliability of employees.
No liability under this article is created for workmen who
are employees of a contractor, subcontractor or other employer
responsible for compliance with this article.
WVC 47 - 5 - 5
§47-5-5. Violations; penalties.
Whoever violates any of the provisions of this article shall
be guilty of a misdemeanor, and, upon conviction thereof, shall
be fined not less than fifty dollars nor more than five hundred
dollars, or imprisoned in the county jail not more than thirty
days, or both fined and imprisoned.
WVC 47 - 5 - 6
§47-5-6. Effective date; prior contracts.
This article shall take effect on the first day of July, one
thousand nine hundred seventy-one. All contracts involving
glazing materials entered into prior to the effective date of
this article shall not be affected by the provisions of this
article even if performance of the contract occurs after the
Note: WV Code updated with legislation passed through the 2012 1st Special Session