# COMAR Title 10 — Maryland Department of Health

## Subtitle 16 — Housing

### Chapter 04 — Transparent Glass Doors in Mercantile Establishments and in Public, Commercial, and Residential Buildings and Structures

**Authority:** Health-General Article, §24-207, Annotated Code of Maryland

**Administrative History:** Effective date: September 10, 1970

**Administrative History:** Amended effective March 3, 1972

#### Regulation .01 Definitions.

*COMAR 10.16.04.01*

The following definitions shall apply in the interpretation and enforcement of these regulations:

A. “Commercial building or structure” means a building or structure whose occupants are engaged in, related with, deal with, or are occupied with commerce.

B. “Commissioner” means the Commissioner of the Department of Health.

C. “Department” means the Maryland Department of Health.

D. “Glazing” means the act, art, or trade of setting glass in a sash or frame.

E. “Mercantile establishment” means a place where one or more persons are employed in which goods, wares, or merchandise are offered for sale and includes a building, shed, or structure, or any part of it, occupied in connection with the establishment.

F. “Owner” means the owner of the premises, or the lessee of the whole thereof, or the agent in charge of the property.

G. “Public building” means a factory building, an office building, a mercantile building, a motel or hotel building, a theatre building, a warehouse building, an apartment building, a state or municipal building, a school, hospital, college, university, library, or museum building, a building containing a place of public assembly maintained or leased for pecuniary gain, or any other building open to the public.

H. “Residential building” means dwelling units occupied solely by the owner and his immediate household.

I. “Secretary” means the Secretary of Health.

J. “Sidelights” means fixed panels of transparent glass which form part of, or are immediately adjacent to, and within 6 feet horizontally of the vertical edge of any opening in which doors are located.

K. “Transparent glass” means material predominantly siliceous in character which is not opaque and through which objects lying beyond are clearly visible. For the purpose of this regulation, rigid transparent plastic material shall be construed as transparent glass.

L. “Transparent glass door” means a door manually or power actuated, fabricated of transparent glass or transparent safety glazing materials, with a transparent area more than 18 inches wide and with a glazing sill less than 18 inches high.

M. “Transparent safety glazing materials” means materials which will clearly transmit light and also minimize the possibility of cutting or piercing injuries resulting from breakage of the material. Materials covered by this definition include, but are not limited to, laminated glass, tempered glass, wire glass, and rigid plastics.

#### Regulation .02 Scope.

*COMAR 10.16.04.02*

A. This regulation applies throughout the State to all transparent glass doors and fixed adjacent transparent glass sidelights in mercantile establishments and in public, commercial, and residential buildings and structures. After the effective date of these regulations, it shall be unlawful to install in any building in the State any glazing materials not in conformity with the glazing standards of the Building Officials' Conference of America, Inc. (BOCA) Basic Building Code, 1970 Edition and any supplements as may be issued after that, except as noted in §B.

B. Exceptions.

  (1) Fixed adjacent transparent glass sidelights 18 inches or less in width with opaque stiles at least 1-3/4 inches in width shall be exempt from the requirements of this regulation.

  (2) If the ground, floor, or equivalent surface area in the path of approach to a fixed adjacent transparent glass sidelight from either side for a minimum distance of 3 feet from the sidelight is so arranged, constructed, or designed as to deter persons from approaching the sidelight or a permanent barrier is installed in the path of approach, the sidelight shall be exempt from the requirements of this regulation. Decorative pools, horticultural planting, or similar installations shall be considered as indicating that the ground, floor, or equivalent surface area is not a path of approach. Benches and similar barriers which are securely fastened to the floor or wall to prevent their removal shall be considered as blocking the path of approach provided they may not be less than 18 inches in height from the ground, floor, or equivalent surface and extend across at least two-thirds of the total width of the glazed area of the sidelight.

  (3) Transparent glass doors with a glazing sill at least 18 inches above the ground, floor, or equivalent surface immediately adjacent, shall be exempt from the requirements of this regulation.

  (4) Fixed adjacent transparent glass sidelights supported by opaque sill and wall construction and having a glazing sill at least 18 inches above the ground, floor, or equivalent surface immediately adjacent shall be exempt from the requirements of this regulation.

  (5) Display windows in any establishment, building, or structure which fall within the definition of a sidelight shall be exempt from the requirements of this regulation if the top of the supporting sill and wall construction is not less than 18 inches above the ground, floor, or equivalent surface immediately adjacent and the interior area is occupied with merchandise or similar displays to clearly indicate to the public that it is not a means of ingress or egress.

#### Regulation .03 Requirements for Marking.

*COMAR 10.16.04.03*

A. General. All transparent glass doors and fixed adjacent transparent glass sidelights shall be marked as required in these regulations regardless of the type of glazing material used in their construction. Marking of all transparent glass doors and fixed adjacent transparent glass sidelights within 6 feet horizontally shall be of an opaque nature placed as described in §B, of this regulation, and shall be of a design which is readily discernible to any person approaching the doors and sidelights from any direction.

B. Marking Locations. Transparent glass doors and fixed adjacent transparent glass sidelights shall be marked in two areas on the glass surface thereof. One area shall be located at least 30, but not more than 36 inches and the other at least 60, but not more than 66 inches above the ground, floor, or equivalent surface below the door or sidelight.

C. Marking Dimensions.

  (1) The marking design shall be:

    (a) At least 4 inches in diameter if circular;

    (b) 4 inches in its least dimension if elliptical or polygonal; or

    (c) At least 12 inches in horizontal dimension if the marking is less than 4 inches in its least dimension.

  (2) The vertical dimension of any marking including lettering may not be less than 1-1/2 inches in height.

D. Marking Methods. Any of the following methods may be used to alert persons to the presence of transparent glass doors and fixed adjacent transparent glass sidelights in their path of movement:

  (1) Adhesive strips not less than 1-1/2 inches in vertical dimension extending across at least two-thirds of the total glazed area;

  (2) Decals;

  (3) Paint, gilding, or other opaque marking materials;

  (4) Protective grills at least 4 inches wide, extending the full width of the door, at least 30 inches, but not more than 36 inches from the ground, floor, or equivalent surface.

#### Regulation .04 Responsibility.

*COMAR 10.16.04.04*

The owner of any building used as a mercantile establishment or a public, commercial, or residential building or structure shall be responsible for compliance with the provisions of this regulation.

#### Regulation .05 Penalty.

*COMAR 10.16.04.05*

Any person, who upon conviction of violating any of the provisions of this regulation, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $50 for each offense.

#### Regulation .06 Severability.

*COMAR 10.16.04.06*

If any provision of these regulations or the application of it to any person or circumstance is held invalid, the invalidity may not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application and to this end the provisions of these regulations are declared to be severable.
