Comment Submitted by Susan Prokope, Paralyzed Veterans of America

September 14, 2007 Office of the General Counsel Rules Docket Clerk Department of Housing and Urban Development 451 7th St., SW Room 10276 Washington, DC 20410 Re: Docket No. FR-5006-P-01 - 24 CFR Part 100, Design and Construction Requirements; Compliance with ANSI A117.1 Standards; Proposed Rule The Paralyzed Veterans of America (PVA) is pleased to offer the following comments on the proposed rule cited above that was published in the July 18, 2007 Federal Register. PVA is the only Congressionally-chartered Veterans Service Organization representing veterans with spinal cord injury and/or dysfunction. In the NPRM, HUD advises that, designers, builders, and others "relying on the [ANSI A117.1] standard also need to consult the Fair Housing Act (FHA), the Department's implementing regulations and the FHA accessibility guidelines (FHAAG) for the scoping criteria." PVA believes that HUD should seek greater inclusion of references to the FHA, regulations and FHAAG in technical code documents such as ANSI to avoid circumstances where people relying on ANSI overlook the need to refer to the FHAAG. HUD lists ten safe harbors for compliance with the FHA's Design and Construction Requirements. Among these are: the 2000 International Building Code (IBC) as amended by the 2001 Supplement to the IBC; the 2006 IBC with a January 31, 2007 erratum to correct the text missing from Section 1107.7.5; and the 2003 International Building Code (IBC) "conditioned upon ICC [International Code Council] publishing and distributing a statement to jurisdictions and past and future purchasers of the 2003 IBC stating ICC interprets Section 1104.1 and specifically the Exception to Section 1104.1, to be read together with Section 1107.4, and that the Code requires an accessible pedestrian route from site arrival points to accessible building entrances, unless site impracticality applies. Exception 1 to Section 1107.4 is not applicable to site arrival points for any Type B dwelling units because site impracticality is addressed under Section 1107.7" PVA is concerned that the numerous conditions imposed on the use of the 2003 IBC make it possible that the full complement of required information will not be conveyed to every intended recipient and user. Since there are other versions of the IBC available as safe harbors, HUD should drop the 2003 IBC from this designation. PVA commends HUD for putting building code officials and local jurisdictions on notice that they should not allow waivers, incorrect interpretations or misapplications of any of the safe harbor provisions. Moreover, PVA is pleased to see the agency reassert its right to investigate complaints, even if a building is constructed under a code presumably conforming with the FHAAG. Once HUD updates its FHAAG to reference a newer edition of ANSI A117.1, the agency asks for comments whether buildings constructed after that date should meet the most recent edition of ANSI A117.1 or the two most recent editions. PVA believes that the most recent edition of ANSI A117.1 should be sufficient. In Part D. Other Accessibility Standards, HUD makes reference to jurisdictions' ability to adopt accessibility standards providing a greater degree of accessibility than the Fair Housing Act. Recent actions taken by the International Code Council may threaten the opportunity for jurisdictions to adopt building codes that include Type A units. PVA asks HUD to work with the ICC to reinstate references in the IBC to Type A units in language relating to major building alterations. Finally, HUD describes circumstances in which a building might have dwelling units to which the Fair Housing Act and Section 504 standards apply. PVA has long felt that these dual standards for housing accessibility coupled with the multiplicity of safe harbors under the FHA are a recipe for confusion. This makes it difficult for builders and designers to comply with the appropriate accessibility standards. It makes it difficult for people with disabilities to ensure their rights under the law. Many communities and members of the public are increasingly attracted to incorporating concepts of Universal Design in housing. Industry trends and technologies also reflect increasing acceptance of design and construction standards that afford use of housing across the life spectrum. PVA believes it is time for HUD to convene an effort with the disability community and housing stakeholders to establish a single source for compliance and enumeration of safe harbors under the Fair Housing accessibility guidelines. The Americans with Disabilities Act Accessibility Guidelines [ADAAG] should serve as a model. Beyond that, PVA suggests that it may be time to modernize the Fair Housing Accessibility Guidelines to reflect the greater accessibility found in the Section 504 standards and Universal Design. PVA appreciates HUD's attention to its comments. Douglas K. Vollmer Associate Executive Director Paralyzed Veterans of America 801 18th St NW Washington, DC 20006