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Question
We have a client that lives in a two family house in the Bronx, NY. She was exiting the houses and when she pushed open the door her arm and hand went right through the glass pane. Glass shattered - was the landlord responsible for making sure the glass panes were made of "tempered glass" according to code?
Well, I'm not an attorney, and not a NYC code expert either. However, I do believe it is the owner who is responsible for having a legally code compliant dwelling. Maybe an inspector passed something he or she should not have, but after all, someone could put in new glass at any time without having it inspected. People change things in their buildings all the time, so I'm pretty sure the city would not take legal responsibility for something that could so easily be replaced after inspections were over.
I presume that your client was injured. You could contact the Glass Institute, but I think they would just be able to tell you what the code is, and you seem to already know that. Again, owners are responsible, in the end, for something being up to code. If a glass company put in the wrong glass and lied to the owner about it, saying it was tempered, the owner must, in turn, sue the company that did the non-code compliant work. Or, the person injured could find out who it was, and probably sue both the owner and the glass company.
Sharon Toji
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Answers by Expert:
Sharon Toji
Expertise
I have special expertise in the subject of accessibility codes and guidelines (ADA), and most specifically in the field of signage. If you have a question that is not about the ADA or about signs, I suggest you try the following excellent site: Naffa International BCDG (Building Code Discussion Group). The website address is http://bcodes.infopop.cc/eve/ You do have to register, but it's free. You will find discussions here on all kinds of Building Code Q & A topics. You go to the forum that sounds as if it's close to your topic, check out some of the posts and see if it sounds like a fit. Then pose your question. With luck, you may get some really good answers. You can email some of the experts individually by clicking on the headings of their posts. When you ask a question, of me, or of someone on the above site, tell them your state, and maybe your city if it's a large city. That is crucial for answering code questions. Sharon Toji
Experience
I am a voting delegate to the American National Standards Institute that writes accessiblity standards used by the International Building Code and are the basis for the ADA Accessibility Guidelines (ADAAG). I am also a member of the Access Advisory Committee to the California State Building Standards Commission, among other positions.
Publications
Signs and the ADA (a manual I have written that is used across the country), and articles in many trade journals.
Education/Credentials
BA, Reed College
Graduate work, University of Munich (Germany) and University of California, Irvine
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