CPSC Votes to Revoke Unblockable Pool Drain Interpretation
Three Commissioners of the Consumer Product Safety Commission have issued statements on their vote on September 28, 2011 to revoke their April 2010 interpretation of “unblockable drain,” as set forth in the Virginia Graeme Baker Pool and Spa Safety Act.…
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Nord states that in revoking this interpretation, CPSC goes beyond mere revocation: it directs enforcement staff to deem as noncompliant any pool that complied with the former interpretation but lacks a second device or system to prevent entrapment. She believes this reinterpretation violates basic principles of rulemaking procedures, imposes large costs on pool operators, and detracts from the safety of swimmers. Adler and Tenenbaum state that with this change, they have now implemented the law as Congress intended and are better protecting the public from drowning hazards.