U.S. – CPSC Approves 16 CFR 1239 Safety Standard for Gates and Enclosures

Vol. 1175 | 03 Aug 2020

As part of the rulemaking process required by Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), the U.S. Consumer Product Safety Commission (CPSC) has approved a new federal regulation: 16 CFR 1239 Safety Standard for Gates and Enclosures. The rule adopts the existing ASTM F1004-19, Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures, with additional requirements to address the correct installation of pressure- mounted gates.

Gates and enclosures refer to barriers, both expandable and non-expandable, providing physical protection to children. The ASTM F1004-19 defines an expansion gate as a “barrier intended to be erected in an opening, such as a doorway, to prevent the passage of young children but which can be removed by older persons who are able to operate the locking mechanism.” While an enclosure is a “self-supporting barrier intended to completely surround an area or play-space within which a young child may be confined.”

The final rule requires compliance with the entire ASTM F1004-19 standard with a modification to address the correct installation of pressure mounted gates by:

• Either requiring pressure-mounted gates to have visual indicators, or
• Requiring a warning to be present on all pressure-mounted gates that use wall-cups or other mounting hardware

Key requirements addressed by the ASTM F1004-19 standard apart from the general requirements for small parts, sharp edges, sharp points, openings, wood parts, labeling etc., include:

• Completely bounded openings
• Height of sides
• Vertical strength
• Push-out force strength
• Locking mechanism integrity
• Slat strength

This rule is effective July 6, 2021. Gates and enclosures manufactured on and after this date shall meet requirements of this rule. In addition, products manufactured on and after this date will also require certification per 16 CFR 1110 based on testing at a CPSC-approved third-party accreditation body (third-party lab) for 16 CFR 1239.

The final rule can be viewed at: https://www.govinfo.gov/content/pkg/FR-2020-07-06/pdf/2020-12561.pdf

For questions, please contact Laxmi Ravikumar (laxmi.ravikumar@intertek.com, +1-630-209-9265).