Pierre C Belarge
Senior Member
- Location
- Westchester County, New York
This corrects an error in the use of the English language. There are no published definitions of the word ?afford? and its derivative form ?afforded? that fit into the context in which ?afforded by? appears in 210.52(A)(2)(3). The nearest definition might be, ?to furnish or supply,? but even that does not fit the intended context. Thus, the current wording has no meaning, and it cannot therefore be enforced.
A simple substitution of the word ?occupied? for ?afforded? would correct the language error, but would create a new ambiguity. That is because the ?space occupied by a railing? could be argued to include only the top and bottom rails and the posts that connect them, not the open air between the posts.
Charlie
I was thinking and thinking, so finally I went to the dictionary...
Afford
2: to make available, give forth, or provide naturally or envitably