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It may not, but it should. The International Residential Code gave this clarification: "Yes. An overflow is required to remove displaced water when a bather enters the bathtub or to protect against accidental flooding resulting from an unattended filling operation."

Most tub drains lead to the same outflow pipe as the bottom drain, so if the pipe has a blockage, it will do no good. Also, the rate of flow of water into the tub can exceed the ability of the over-flow drain to keep up.

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