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Glazing near a sidewalk a the dealership

SCBO1

SCBO1

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Dealership shows 1" insulated glass (not tempered) in the exterior wall glass panels over 9sf and a 2" wide seperation mullion between the bottom sections of glass.

My question is, would the seperation mullion be considered the protective bar if between 34"-38".

IBC2006 section 2406.3 7. exception. Would this exception apply to prevent the glass from being tempered safty glass?

pc1
 
The use of a mullion between 18 and 36 inches above the floor is the typical way of avoiding this requirement. see conditions 7.2 and 7.3
 
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