Bobrick Washroom Equipment Inc., and Scranton Products/CPG International LLC have reached a settlement to resolve legal disputes between the two companies regarding Scranton Products’ high-density polyethylene (HDPE) toilet partitions and related issues.
The resolution of these legal disputes in federal court in Pennsylvania and the court’s approval of the Settlement Agreement last week have numerous implications for those involved in the specification and compliant fulfillment of toilet partitions throughout the United States.
“Bobrick wants to move on from the legal disputes with Scranton Products regarding the issue of manufacturers selling code-compliant HDPE toilet partitions,” states Alan Gettelman, Bobrick’s vice president of external affairs. “Learning points from the resolved legal disputes include that manufacturers have a responsibility to provide code-compliant materials supported by documentation that verifies compliance. This enables architects, distributors and their clients to conduct product due diligence when specifying, purchasing and installing HDPE toilet partitions that assure compliance with locally adopted and enforced ICC and NFPA Interior Finishes requirements.”
“It is also the responsibility of toilet partition manufacturers to adhere to the rigorous testing protocols associated with all relevant compliance standards,” adds Gettelman.
Under the terms of the Settlement Agreement, Scranton Products is required to pay Bobrick $7.5 million and must obtain and maintain a Product Labeling Certification for its HDPE toilet partitions (or replacement product), which requires satisfying the acceptance criteria of the NFPA 286 Room-Corner Test. The certification and related testing will be conducted by Intertek Testing Services NA, Inc., an independent testing laboratory.
Scranton Products is also required to send letters to purchasers of non-NFPA 286 compliant HDPE toilet partitions beginning March 13, 2018 advising them that the International Building Code (IBC) requires NFPA 286 compliant HDPE toilet partitions in 48 states and offer those purchasers the choice to cancel their order or change their order to NFPA 286 compliant partitions.
Both parties have agreed that the U.S. District Court for the Middle District of Pennsylvania will retain jurisdiction and handle all disputes under the Settlement Agreement for a term of ten years.
