The Consumer Product Safety Commission (CPSC) has issued a new proposed interpretive rule that defines “public accommodations facility” under the Virginia Graeme Baker Pool and Spa Safety Act. The 2007 legislation was enacted to prevent life-threatening injuries and drowning by drain entrapment.

According to a Federal Register notice, the proposal defines a public accommodations facility as “an inn, hotel, motel, or other place of lodging, including but not limited to, rental units rented on a bi-weekly or weekly basis.” In issuing the new plan, CPSC withdrew a March 15, 2010, proposed definition that would have excluded owner-occupied facilities containing “not more than five rooms for rent or hire.” CPSC rejected that plan after determining that the exclusion was “inappropriate in the context of pool and spa safety because the number of units for rent or hire has no bearing on the safety of the pool.” CPSC also wanted to clarify that a “residential facility may become a place of lodging” if it offered a “significant number of short term stays.” CPSC requests comments by December 21, 2010. See Federal Register, October 22, 2010.