The lobbying — in the media and behind closed doors —
to alter CPSC’s newest definition of unblockable drain may
have had an impact.
One of the agency’s five commissioners, Robert Adler, said he
plans to propose an amendment to documents outlining the minimum
requirements that states must legislate to earn grant monies.
“My amendment will clarify that if states enact the model
state law, all pools and spas that fall under the relevant
definition will be required to use both a compliant drain cover and
a backup device and system,” he said in a public statement.
“To the extent this was not clear in the previously published
[interpretation] … I believe it was a mistake and a
misreading of the plain language of the statute.”
A spokesperson for Adler said such an amendment would be meant to
clarify that a backup device should be required on all single
drains, even if unblockable. It isn’t known when or even if
such an amendment will be considered by CPSC, the spokesperson
added. For that to happen, Adler must gain support from fellow
Adler was specifically targeted in letter-writing and petition
campaigns by advocates hoping to change the unblockable drain
requirements. He had held meetings with groups on both sides of the
argument. The commissioner also said he plans to encourage Congress
to allocate more money for grants, to motivate states to pass
legislation at all. “To encourage states to enact laws by
dangling a carrot of $4 million total for all 50 states is not
nearly enough,” he said.