NATIONAL ASSOCIATION OF HOME BUILDERS
JEFFREY T. INKS
Assistant Staff Vice President
Construction, Codes and Standards Department
Regulatory Affairs Area
Advocacy Group

Subject: Draft Guidelines on Accessible of Public Rights-of-way: Docket No. 02-1 36 RIN 3014-AA26 CFR Parts 1190 and 1191

The National Association of Home Builders (NAHB) appreciates this opportunity to submit comments on the June 17, 2002 Federal Register notice, Notice of availability of draft guidelines (accessible of public rights-of-way)(67 Fed. Reg. 116, Page 41206-41207).

NAHB represents more than 212,000 builder and associate member firms organized in approximately 850 affiliated state and local associations in all fifty states, the District of Columbia, and Puerto Rico, many of which are small business entities. Our members include not only people and firms that construct and supply single family homes, but also apartment, condominium, commercial and industrial builders, as well as land developers and remodelers. Matters dealing with public rights-of-way are therefore of concern to NAHB.

NAHB is continuing to evaluate the draft guidelines in preparation for commenting upon the anticipated proposed rule on the subject when it is released. NAHB shares the concern of the Public Rights-of-Way Access Advisory Committee and the Access Board in recognizing the various constraints posed by space and other limitations because of site conditions, roadway design practices, slope, and terrain etc., in developing public rights-of-way accessibility guidance that adequately provides for the needs of all users of public rights-of-way and further, that is provided in a definitive and enforceable manner so that local jurisdictions, builders, developers and others are clear on their obligations and how to comply with them.

Of particular concern is whether or not the proposed recommended requirements adequately consider the myriad of site and resident density aspects of residential sub-divisions in terms of providing appropriate exceptions based on challenging topography and/or projected low use of provided pedestrian ways based on anticipated resident density, sub-division location and, surrounding destinations such as shopping, dining or entertainment, that are intended to attract pedestrian traffic from surrounding or area neighborhoods. Requirements for minimum clear width of sidewalks, driveway aprons, cross slope, detectable warnings, intersections, crossings and so forth, without proper exceptions for where the use them would be limited or where they would be impractical, will add unnecessary costs to housing and discourage installation of sidewalk and other elements where none are required.

While NAHB is currently not a member of the Public Rights-of-Way Access Advisory Committee, we will welcome the opportunity to assist the Committee and the Access Board in the development of the proposed rule, prior to its release for comment, to help ensure these concerns are reflected.

Thank you for this opportunity to comment on the draft Guidelines on Accessible Public Rights-of-Way. We look forward to assisting the Committee and the Board further on this matter.

Sincerely,

Jeffrey T. Inks
Assistant Staff Vice President
Construction, Codes and Standards Department
Regulatory Affairs Area
Advocacy Group