16 C.F.R. § 1239.2 – Requirements for gates and enclosures.

(a) Except as provided in paragraph (b) of this section, each gate and enclosure must comply with all applicable provisions of ASTM F1004-19, Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures, approved on June 1, 2019 (ASTM F1004-19). The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West Conshohocken, PA 19428; https://www.astm.org. You may also inspect a copy: Electronically at https://www.astm.org/READINGLIBRARY/; in person at the Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone: 301-504-7479, email: cpsc-os@cpsc.gov; or in person at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to: http://www.archives.gov/federal_register/code_of_federalregulations/ibr_locations.html.
(b) Comply with ASTM F1004-19 with the following additions or exclusions:
1. (1) Instead of complying with section 3.1.3 of ASTM F1004-19, comply with the following:
  1. (i) 3.1.3 conspicuous, adj - visible when the gate/expandable enclosure is in all manufacturer's recommended use positions, to a person standing near the gate/expandable enclosure at any one position around the gate/expandable enclosure, but not necessarily visible from all positions.
  2. (ii) [Reserved]
2. (2) Add the following to paragraphs to section 3.1 of ASTM F1004-19:
  1. (i) 3.1.16 visual side-pressure indicator, n - a warning system, device, or provision using contrasting colors, lights, or other similar means designed to visually alert the installer/user to the status of the side pressure of a pressure mounted gate during installation and use.
  2. (ii) 3.1.17 side pressure, n - force required, at each contact location of the gate and mounting surface, to meet the requirements of 6.3 as determined by the manufacturer.
3. (3) Add the following paragraphs to section 6 of ASTM F1004-19:
  1. (i) 6.8 Visual Side-Pressure Indicators - Any pressure-mounted gate that does not require the use of Pressure-Mounted Gate-Mounting Hardware per 6.7, to meet the performance requirements in 6.3.1, shall include Visual Side-Pressure Indicators.
  2. (ii) 6.8.1 Visual Side-Pressure Indicators shall be conspicuous and readily identifiable to a person installing and standing near the gate.
  3. (iii) 6.8.2 Visual Side-Pressure Indicators shall monitor pressure for each point of contact with the mounting surface utilizing one or more of the following three options. Such indicators, when the gate is tested in accordance with 7.9, shall indicate when the required side pressure has been attained upon installation of the gate, and continue to display the side pressure status while the gate is in a manufacturer's recommend use position.
  4. (iv) 6.8.2.1 A single visual side-pressure indicator for each individual contact point.
  5. (v) 6.8.2.2 A single visual side-pressure indicator for each individual rail (top and bottom), so the opposing horizontal contact points are addressed.
  6. (vi) 6.8.2.3 A single visual side-pressure indicator for the entire gate.
4. (4) Instead of complying with section 7.9.1.2 of ASTM F1004-19, comply with the following:
  1. (i) 7.9.1.2 Follow the manufacturer's installation instructions when installing the gate in the center of the test opening. For pressure-mounted gates with visual side-pressure indicators, ensure the visual side-pressure indicators are displaying the proper status per manufacturer's instructions.
  2. (ii) [Reserved]
5. (5) Instead of complying with NOTE 11 of ASTM F1004-19, comply with the following:
  1. (i) Note 11 - Address means that verbiage other than what is shown can be used as long as the meaning is the same or information that is product specific is presented. Brackets indicate that optional wording may be used at the manufacturer's discretion if another identifier is more appropriate.
  2. (ii) [Reserved]
6. (6) Do not comply with section 8.5.3 of ASTM F1004-19.
7. (7) Add the following paragraphs to section 8.5 of ASTM F1004-19:
  1. (i) 8.5.8 Pressure-mounted gates that provide wall cups or other mounting hardware to meet the requirements of section 6.3 shall have the following warning in the location specified: You MUST install [wall cups] to keep gate in place. Without [wall cups], child can push out and escape.
  2. (ii) 8.5.8.1 This warning shall be separate from all other warnings required on the product and shall not include any additional language.
  3. (iii) 8.5.8.2 This warning shall be on the top rail.
  4. (iv) 8.5.8.3 This warning shall be as close as possible to the side of the product where the locking mechanism is located. If the locking mechanism is in the center of the product, then this warning shall be adjacent to the mechanism on either side of it.
8. (8) Add the following paragraph to section 9 of ASTM F1004-19:
  1. (i) 9.5. For pressure-mounted gates with visual side-pressure indicators, the instructions shall describe the function, use, and importance of the visual side-pressure indicators and shall describe how to make adjustments to meet the side-pressure requirements. Instructions shall include a reminder to routinely check the status of the side pressure indicators during ongoing use of gate.
  2. (ii) [Reserved]
9. (9) Add the following paragraph to section X1.2.5 of ASTM F1004-19:
  1. (i) X1.2.5.4 The visual side-pressure indicators requirement in 6.8 is to address incidents with pressure-mounted gates, where consumers had difficulty properly installing the gate or uncertainty in the security of the gate, which may lead to the gate being “pushed out,” “pulled down,” or “knocked over” by children.
  2. (ii) [Reserved]