Jeffrey T. Inks
|
October 28, 2002 |
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