Attachment K: Program Access in Existing Facilities
Please Note: Paragraph 53 of the
Agreement requires that within three months of the effective date of this
Agreement, the County will provide signage as necessary to comply with 28
C.F.R. § 35.163(b), after having surveyed all facilities that are the subject
of this Agreement for the purpose of identifying those that have multiple
entrances not all of which are accessible.
1. The technical requirements and, where
appropriate, the scoping requirements of the Standards are used as a guide for
determining whether a program or activity held in an existing facility is
“readily accessible to and usable by” persons with disabilities and for
determining what changes are necessary to make this program or activity
accessible if it continues to be provided in the existing facility in
question. See 28 C.F.R. §§
35.150(b)(1), 35.151.
2. In order to ensure that each of the
County’s programs, services, and activities operating at a facility that is the
subject of this Agreement, when viewed in its entirety, are readily accessible
to and usable by persons with disabilities, the County will take the following
actions:
3. The County represents that it is
considering making significant renovations to the Courthouse, located at 100 Court in Marion. Within nine months of the effective date of
this Agreement, the County will advise the Department, in writing, of its
decision as to whether or not it will make these renovations. If the County does, in fact, decide to make
these renovations, then within nine months of notice to the Department (18
months from the effective date of the Agreement) the County will submit for the
Department’s review complete design and construction documentation, including
construction drawings, as built drawings, project manuals, addenda, and change
orders for the alteration of these toilet rooms. The Department will review the documentation for conformity to
the ADA Standards for Accessible Design and will note any deficiencies. Before the facility is opened, the County
will ensure that any deficiencies are corrected and that construction is
carried out in a way that meets the Department’s approval. In the event that the County chooses not to
go forward with the renovations, within 30 months of the effective date of this
Agreement, the County will make the following modifications to the Courthouse.
a. Parking. Although the parking lot has a total of 104 parking spaces, an
inadequate number are designated as reserved for people with disabilities, the
signage is mounted too low, and there is no “Van-Accessible” sign. On the shortest accessible route to the
accessible entrance, provide 1 van accessible space and 4 standard spaces
designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide
and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and
served by access aisles at least 96 inches wide. All spaces designated as reserved for people with disabilities
shall have vertical signs with the International Symbol of Accessibility
located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional
“Van-Accessible” sign located below the International Symbol of
Accessibility. Standards §§ 4.1.2(5),
4.6, 4.30.7(1).
b. Exterior Route
i. The route from the parking lot to the
accessible entrance is inaccessible because the cross slope measures 2.2%. Provide at least one accessible route within
the boundary of the site connecting these elements that, to the maximum extent
feasible, coincides with the route for the general public. The accessible route must have a minimum
clear width of 36 inches, or a minimum clear width of 42 inches if there is a
turn around an obstruction less than 48 inches wide; have passing spaces at
least 60 inches by 60 inches at least every 200 feet; have a minimum clear
headroom of 80 inches; have a surface that is firm, stable, and slip resistant;
have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level
changes in excess of ½ inch vertically; and have a running slope of less than
1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross
slope of less than 1:50 (2%). Standards
§§ 4.3, 4.5, Fig. 7.
ii. The route from the front to the gazebo
is inaccessible because the surface is not level and the slope measures 23.6%
at one point. Provide at least one
accessible route within the boundary of the site connecting these elements that,
to the maximum extent feasible, coincides with the route for the general
public. The accessible route must have
a minimum clear width of 36 inches, or a minimum clear width of 42 inches if
there is a turn around an obstruction less than 48 inches wide; have passing
spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum
clear headroom of 80 inches; have a surface that is firm, stable, and slip
resistant; have, in the absence of a curb ramp, ramp, elevator, or platform
lift, no level changes in excess of ½ inch vertically; and have a running slope
of less than 1:20 (5%) (or have been constructed as a fully accessible ramp)
and a cross slope of less than 1:50 (2%).
Standards §§ 4.3, 4.5, Fig. 7.
iii. The route into the gazebo is inaccessible
because there is an 8 inch step up to the gazebo and no handrails. Provide at least one accessible route into
the gazebo that, to the maximum extent feasible, coincides with the route for
the general public. The accessible
route must have a minimum clear width of 36 inches, or a minimum clear width of
42 inches if there is a turn around an obstruction less than 48 inches wide;
have passing spaces at least 60 inches by 60 inches at least every 200 feet;
have a minimum clear headroom of 80 inches; have a surface that is firm,
stable, and slip resistant; have, in the absence of a curb ramp, ramp,
elevator, or platform lift, no level changes in excess of ½ inch vertically;
and have a running slope of less than 1:20 (5%) (or have been constructed as a
fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.
c. Entrance Ramp. The ramp to the designated accessible
entrance is inaccessible because it lacks level landings at the top and bottom
of the ramp, and it lacks handrails.
Provide a ramp that is at least 36 inches wide with a slope not
exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at
least as wide as the ramp and 60 inches long at the top and bottom of the ramp;
and with edge protection at least 2 inches high at the drop off sides. Provide handrails that are between 1¼ inches
and 1½ inches in diameter with a continuous gripping surface along both sides
of the ramp, extending at least 12 inches beyond the top and bottom of the ramp
parallel with the ground surface.
Ensure that handrails are mounted between 34 inches and 38 inches above
the ramp surface, with ends rounded or returned smoothly to the floor, wall, or
post, and that they do not rotate within their fittings. Ensure that the ramp and approaches are
designed so that water will not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.
d. Designated Accessible Entrance
i. The entrance door is inaccessible
because there is a slope of 3.9% within the door’s required maneuvering clearance. Provide a door so that the floor or ground
area within the required clearances is level and clear. Standards § 4.13.6, Fig. 25.
ii. The entrance, which is accessed through
a front approach, is inaccessible because it has only 15½ inches of maneuvering
clearance on the pull side. On the pull
side of the door, provide maneuvering clearance at least 60 inches deep and
provide a minimum of 18 inches (24 inches is preferred) of maneuvering
clearance on the latch side of the door.
Standards § 4.13.6, Fig. 25(a).
e. Permanent Room Signage. Permanent room signs throughout the building
are not mounted in an accessible location and have no raised characters or
Braille. Provide permanent room signage
with upper case, sans serif or simple serif type letters and numerals, meeting
the requirements of the Standards for character height, raised characters,
finish and contrast, accompanied by Grade 2 Braille; mounted on the wall
adjacent to the latch side of the door or on the nearest adjacent wall at a
height of 60 inches above the finished floor to the centerline of the sign; and
located so that a person may approach within 3 inches of the signage without
encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
f. Interior Route. The route from the elevator to the
Assessor’s Office and left wing of the building is inaccessible because there
is a 1¾ inch step out of the elevator lobby.
Provide at least one accessible route to the Tax Assessor’s Office that,
to the maximum extent feasible, coincides with the route for the general
public. The accessible route must have
a minimum clear width of 36 inches, or a minimum clear width of 42 inches if
there is a turn around an obstruction less than 48 inches wide; have passing
spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum
clear headroom of 80 inches; have a surface that is firm, stable, and slip
resistant; have, in the absence of a curb ramp, ramp, elevator, or platform
lift, no level changes in excess of ½ inch vertically; and have a running slope
of less than 1:20 (5%) (or have been constructed as a fully accessible ramp)
and a cross slope of less than 1:50 (2%).
Standards §§ 4.3, 4.5, Fig. 7.
g. Quorum Court. The courtroom is inaccessible to people with hearing impairments
because there is no assistive listening system provided. Provide a permanently installed assistive
listening system (ALS) or a portable ALS with an adequate number of electrical
outlets or other supplementary wiring necessary to support a portable assistive
listening system. Also provide
receivers equal in number to 4% of the total number of seats (or a minimum of
2) for use by the general public and signage indicating their
availability. Standards §§ 4.30, 4.33.
h. 1st Floor Drinking Fountain
at Toilet Rooms. The drinking fountain
is inaccessible because the bottom edge of the fountain is mounted 25½ inches
above the finished floor. Provide a
drinking fountain with clear knee space between the bottom of the apron and the
finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to
19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to
allow a person in a wheelchair to approach the unit facing forward. Standards § 4.15.5(1), Figs. 27(a), (b).
i. 1st Floor Drinking Fountain
outside Assessor’s Office.
i. The drinking fountain is mounted with
its spout 40½ inches above the finished floor, the water flow is 4 inches from
the front of the fountain, and the controls require 6 pounds of pressure to
operate. Provide at least one drinking fountain with a spout height no higher
than 36 inches, measured from the finished floor or ground surface to the spout
outlet; and a spout located at the front of the unit that directs the water flow
in a trajectory that is nearly parallel to the front of the unit and is
positioned so the flow of water is within 3 inches of the front edge of the
fountain and at least 4 inches high.
Ensure that fountain controls are operable with one hand, require 5 lbf
or less to operate without tight grasping, pinching, or twisting of the wrist;
and are front mounted or side mounted near the front edge. Additionally, provide a drinking fountain
that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a
“hi-lo” fountain; by providing one fountain accessible to those who use
wheelchairs and one fountain at a standard height convenient for those who have
difficulty bending; by providing a fountain accessible to people who use
wheelchairs and a cup dispenser; or by such other means as would achieve the
required accessibility for each group of people. Standards §§ 4.15, 4.27.4, Fig. 27.
ii. The cup dispenser is mounted 61 inches
above the finished floor. Provide a cup
dispenser with the controls a maximum height above the finished floor of 48
inches for a forward approach or 54 inches for a side approach and that is
accompanied by clear floor space of 30 by 48 inches that allows a forward or
parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
j. 1st floor Women’s Toilet
Room (with Stalls)
i. The toilet room sign is mounted on the
door and does not have raised characters or Braille. Provide a toilet room sign with the International Symbol of
Accessibility and raised and Braille characters mounted on the wall adjacent to
the latch side of the door with the centerline of the sign at 60 inches above
the finished floor and situated such that a person can approach within 3 inches
of the sign without encountering an obstruction or standing within a door
swing. Standards §§ 4.1.2(7)(d),
4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
ii. The door to the toilet room is
inaccessible because it has an opening width of only 29 inches. Provide a door with a clear opening of 32
inches with the door open 90 degrees, measured between the face of the door and
the opposite stop. Standards § 4.13.5,
Fig. 24.
iii. The toilet room door is inaccessible
because the pressure required to open the door is 7 pounds. Provide a door that requires no more than 5
pounds of force to open. Standards §
4.13.11(2)(b).
iv. The door to the toilet room, which must
be accessed from the front by a wheelchair due to the column, is inaccessible
because the column obstructs the clearance to the side such that there is no
maneuvering clearance on the latch side pull side of the door. On the pull side
of the door, provide maneuvering clearance at least 60 inches deep and provide
a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the
latch side of the door. Standards §
4.13.6, Fig. 25(a).
v. The toilet room door is inaccessible
because there is a ½ inch threshold that is not beveled. Provide a door with a threshold no greater
than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater
than 1:2. Standards §§ 4.13.8, 4.5.2.
vi. The paper towel dispenser is
inaccessible because the controls are mounted at 56 inches above the finished
floor over an obstruction. Provide a
paper towel dispenser such that the
controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach
and such that it is accompanied by clear floor space of 30 by 48 inches that
allows a forward or parallel approach, respectively, by a person using a
wheelchair. Standards §§ 4.27.2,
4.27.3, 4.2.4, 4.2.5, 4.2.6.
vii. The lavatory is inaccessible because
there is insufficient knee and toe clearances.
Provide a lavatory with the top of its rim or counter 34 inches or less
above the finished floor; the bottom edge of the apron at least 29 inches above
the finished floor; and knee and toe clearances that comply with Fig. 31. Standards § 4.19.2, Fig. 31.
viii. The lavatory is inaccessible because the
hot water pipes are not insulated or otherwise configured to protect against
contact. Provide hot water and drain
pipes that are insulated or otherwise configured to protect against
contact. Standards § 4.19.4.
ix. The lavatory is inaccessible because it
has twist type hardware. Provide a
lavatory with a faucet that can be operated with 5 pounds of force or less and
can be used with one hand and without tight grasping, pinching, or twisting of
the wrist (lever-operated, push-type, and electronically controlled mechanisms
are examples of acceptable designs).
Standards §§ 4.19.5, 4.27.4.
x. There is no accessible stall
provided. Provide a “standard”
accessible toilet stall at least 60 inches wide and at least 59 inches deep (or
at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s
elements, including stall door, stall door hardware, water closet, size and
arrangement, toe clearances, grab bars, controls, and dispensers, comply with
the Standards. Standards §§ 4.13, 4.16,
4.17, 4.26, 4.27, Fig. 30.
k. 1st Floor Men’s Toilet Room
(stalls)
i. The toilet room sign is mounted on the
door and does not have raised characters or Braille. Provide a toilet room sign with the International Symbol of
Accessibility and raised and Braille characters mounted on the wall adjacent to
the latch side of the door with the centerline of the sign at 60 inches above
the finished floor and situated such that a person can approach within 3 inches
of the sign without encountering an obstruction or standing within a door
swing. Standards §§ 4.1.2(7)(d),
4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
ii. The door to the toilet room is
inaccessible because it has an opening width of only 29 inches. Provide a door with a clear opening of 32
inches with the door open 90 degrees, measured between the face of the door and
the opposite stop. Standards § 4.13.5,
Fig. 24.
iii. The toilet room door is inaccessible
because there is a ½ inch threshold that is not beveled. Provide a door with a threshold no greater
than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater
than 1:2. Standards §§ 4.13.8, 4.5.2.
iv. The lavatory is inaccessible because
there is insufficient knee and toe clearance.
Provide a lavatory with the top of its rim or counter 34 inches or less
above the finished floor; the bottom edge of the apron at least 29 inches above
the finished floor; and knee and toe clearances that comply with Fig. 31. Standards § 4.19.2, Fig. 31.
v. The lavatory is inaccessible because
the hot water pipes are not insulated or otherwise configured to protect
against contact. Provide hot water and
drain pipes that are insulated or otherwise configured to protect against
contact. Standards § 4.19.4.
vi. The lavatory is inaccessible because it
has twist type hardware. Provide a
lavatory with a faucet that can be operated with 5 pounds of force or less and
can be used with one hand and without tight grasping, pinching, or twisting of
the wrist (lever-operated, push-type, and electronically controlled mechanisms
are examples of acceptable designs).
Standards §§ 4.19.5, 4.27.4.
vii. The urinal is inaccessible because the
rim is not elongated and is mounted 24 inches above the finished floor and the
clear floor space is only 29 inches wide.
Provide a urinal with an elongated rim mounted 17 inches or less above the
finished floor, a clear floor space of at least 30 inches wide and 48 inches
deep centered on the urinal, and a flush control height of 44 inches or less
above the finished floor. Standards §§
4.18.2, 4.18.3, 4.18.4.
viii. There is no accessible stall provided. Provide a “standard” accessible toilet stall
at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep
with a wall-mounted toilet) such that all of the stall’s elements, including
stall door, stall door hardware, water closet, size and arrangement, toe
clearances, grab bars, controls, and dispensers, comply with the
Standards. Standards §§ 4.13, 4.16,
4.17, 4.26, 4.27, Fig. 30.
l. Assessor’s Office
i. The office door is inaccessible
because knob hardware is used. Provide
a door with hardware that is easy to grasp with one hand and that does not
require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type
mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
ii. The office door is inaccessible because
there is a 1¼ inch threshold. Provide a door with a threshold no greater
than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater
than 1:2. Standards §§ 4.13.8, 4.5.2.
iii. The counter is inaccessible because it is
mounted 42½ inches above the finished floor.
Provide a counter on an accessible route such that a portion of the
counter is at least 36 inches wide and no more than 36 inches above the
finished floor, or provide an auxiliary counter with a maximum height of 36
inches in close proximity to the main counter, or provide equivalent
facilitation. Equivalent facilitation
may be provided in the form of a folding shelf attached to the main counter, an
auxiliary table nearby, a clip board made available to the public, or other
means. Standards §§ 7.2(2), 4.3.
iv. The top of the counter protrudes 9
inches into the walkway and would not be detectable to a blind person using a
cane. Provide an accessible route at
this location such that no objects with their bottom leading edges measuring
between 27 inches and 80 inches above the finished floor protrude more than 4
inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or
pylons may overhang 12 inches maximum from 27 inches to 80 inches above the
ground or finished floor. Standards §
4.4.
v. The computer is inaccessible because
the top of the counter is 42 inches above the finished floor. Provide a computer on a table or counter
that has clear floor space that is 30 inches wide and 48 inches deep, knee
clearance at least 27 inches high, 30 inches wide, and 19 inches deep, and a
writing surface between 28 and 34 inches above the finished floor. Standards §§ 4.2.4.1, 4.32.
m. County Clerk’s Office - Marriage
License. The counter is inaccessible
because it is 42½ inches above the finished floor. Provide a counter on an accessible route such that a portion of
the counter is at least 36 inches wide and no more than 36 inches above the
finished floor, or provide an auxiliary counter with a maximum height of 36
inches in close proximity to the main counter, or provide equivalent
facilitation. Equivalent facilitation
may be provided in the form of a folding shelf attached to the main counter, an
auxiliary table nearby, a clip board made available to the public, or other
means. Standards §§ 7.2(2), 4.3.
n. Registrar. The counter is inaccessible because it is 42 inches above the
finished floor. Provide a counter on an
accessible route such that a portion of the counter is at least 36 inches wide
and no more than 36 inches above the finished floor, or provide an auxiliary
counter with a maximum height of 36 inches in close proximity to the main
counter, or provide equivalent facilitation.
Equivalent facilitation may be provided in the form of a folding shelf
attached to the main counter, an auxiliary table nearby, a clip board made
available to the public, or other means.
Standards §§ 7.2(2), 4.3.
o. Tax Collector’s Office. The counter is inaccessible because it is 44
inches above the finished floor.
Provide a counter on an accessible route such that a portion of the
counter is at least 36 inches wide and no more than 36 inches above the
finished floor, or provide an auxiliary counter with a maximum height of 36
inches in close proximity to the main counter, or provide equivalent
facilitation. Equivalent facilitation
may be provided in the form of a folding shelf attached to the main counter, an
auxiliary table nearby, a clip board made available to the public, or other
means. Standards §§ 7.2(2), 4.3.
p. Juvenile Court
i. The attorney tables provide only 26
inches of knee clearance. Provide
accessible tables with clear floor space of 30 inches wide by 48 inches deep,
knee clearance of at least 27 inches high by 30 inches wide by 19 inches deep,
and a writing surface between 28 and 34 inches above the finished floor. Standards §§ 4.2.4.1, 4.32.
ii. The double entrance doors are
inaccessible because each leaf is 27 inches wide and requires 8 pounds of force
to open. Provide a door at this
location that has at least one active leaf with a clear opening at least 32
inches wide when measured from the face of the door to the middle edge of the
other door when one door is opened 90 degrees and that has hardware usable with
one hand and without tight grasping, pinching, or twisting of the wrist OR
provide an automatic door opener that opens both doors simultaneously. The active leaf must not take more than 5
pounds of force to open or close.
Standards § 4.13, Figs. 24, 25.
iii. The court room, containing 75 seats, is
inaccessible because there are no wheelchair seating areas provided. Provide at least 4 wheelchair seating areas,
each with a minimum clear ground or floor space of 66 inches wide by 48 inches
deep for forward or rear access, or 66 inches wide by 60 inches deep for side
access. Ensure that the ground or floor
at all wheelchair locations is level, firm, stable, and slip resistant; that
wheelchair seating areas are an integral part of the fixed seating plan and are
located so as to provide people with physical disabilities a choice of lines of
sight comparable to those available for members of the general public; that
wheelchair seating areas adjoin an accessible route that also serves as a means
of egress in case of emergency; and that at least one fixed companion seat is
provided next to each wheelchair seating area.
Standards §§ 4.1.3(19)(a), 4.5, 4.33.
iv. The court room is inaccessible to people
with hearing impairments because although there are more than 50 fixed seats,
there is no assistive listening system.
Provide a permanently installed assistive listening system serving the
fixed seating. Ensure that the seating
served by the system is located within a 50 foot viewing distance of the stage
or playing area and has a complete view of the stage or playing area. Provide at least 3 receivers for use by the
general public and signage indicating their availability. Standards §§ 4.30, 4.33.
q. Records
i. The door to the records room is
inaccessible because it has an opening width of only 29 inches. Provide a door with a clear opening of 32
inches with the door open 90 degrees, measured between the face of the door and
the opposite stop. Standards § 4.13.5,
Fig. 24.
ii. The office door is inaccessible because
knob hardware is used. Provide a door
with hardware that is easy to grasp with one hand and that does not require
tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type
mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
r. Route from Courtroom to Jury
Deliberation and Judge’s Chambers
i. The doors along the route are
inaccessible because knob hardware is used.
Provide doors with hardware that is easy to grasp with one hand and that
does not require tight grasping, pinching, or twisting of the wrist to
operate. Lever-operated mechanisms,
push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
ii. The doors along the route, which are
accessed through a front approach, are inaccessible because they have only 3
inches of clearance on the pull side.
On the pull side of the doors, provide maneuvering clearance at least 60
inches deep and provide a minimum of 18 inches (24 inches is preferred) of
maneuvering clearance on the latch side of the door. Standards § 4.13.6, Fig. 25(a).
s. Circuit Clerk. The counter is inaccessible because it is 43
inches above the finished floor.
Provide a counter on an accessible route such that a portion of the
counter is at least 36 inches wide and no more than 36 inches above the
finished floor, or provide an auxiliary counter with a maximum height of 36
inches in close proximity to the main counter, or provide equivalent
facilitation. Equivalent facilitation
may be provided in the form of a folding shelf attached to the main counter, an
auxiliary table nearby, a clip board made available to the public, or other
means. Standards §§ 7.2(2), 4.3.
t. 2nd Floor Lobby. The shelf in the 2nd floor lobby
protrudes 8 inches into the walkway and would not be detectable to a blind person
using a cane. Provide an accessible
route at this location such that no objects with their bottom leading edges
measuring between 27 inches and 80 inches above the finished floor protrude
more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or
pylons may overhang 12 inches maximum from 27 inches to 80 inches above the
ground or finished floor. Standards §
4.4.
u. 2nd Floor Drinking Fountain
near Circuit Court. The fountain’s
water flow is 4 inches from the front of the fountain, and the fountain
provides only 23¾ inches of knee space.
Provide at least one drinking fountain with a spout height no higher
than 36 inches, measured from the finished floor or ground surface to the spout
outlet; and a spout located at the front of the unit that directs the water
flow in a trajectory that is nearly parallel to the front of the unit and is
positioned so the flow of water is within 3 inches of the front edge of the
fountain and at least 4 inches high.
Ensure that fountain controls are operable with one hand, require 5 lbf
or less to operate without tight grasping, pinching, or twisting of the wrist;
and are front mounted or side mounted near the front edge. Additionally, provide a drinking fountain that
is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a
“hi-lo” fountain; by providing one fountain accessible to those who use
wheelchairs and one fountain at a standard height convenient for those who have
difficulty bending; by providing a fountain accessible to people who use
wheelchairs and a cup dispenser; or by such other means as would achieve the
required accessibility for each group of people. Standards §§ 4.15, 4.27.4, Fig. 27.
v. 2nd Floor Women’s Toilet
Room (with Stalls)
i. The toilet room sign is mounted on the
door and has no raised characters or Braille.
Provide a toilet room sign with the International Symbol of
Accessibility and raised and Braille characters mounted on the wall adjacent to
the latch side of the door with the centerline of the sign at 60 inches above
the finished floor and situated such that a person can approach within 3 inches
of the sign without encountering an obstruction or standing within a door
swing. Standards §§ 4.1.2(7)(d),
4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
ii. The door to the toilet room is
inaccessible because it has an opening width of only 29½ inches. Provide a door with a clear opening of 32
inches with the door open 90 degrees, measured between the face of the door and
the opposite stop. Standards § 4.13.5,
Fig. 24.
iii. The door to the toilet room is
inaccessible because the pressure required to open the door is 7 pounds. Provide a door that requires no more than 5
pounds of force to open. Standards §
4.13.11(2)(b).
iv. The toilet room exit door, which is
accessed through a front approach, is inaccessible because it has only 8 inches
of maneuvering clearance on the pull side latch side. On the pull side of the door, provide maneuvering clearance at least
60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of
maneuvering clearance on the latch side of the door. Standards § 4.13.6, Fig. 25(a).
v. The toilet room door swings into the
required clear floor space at the lavatory.
Ensure that no door swings into the required clear floor space at any
accessible fixture. Standards § 4.22.2.
vi. The toilet room door is inaccessible
because there is a ½ inch threshold that is not beveled. Provide a door with a threshold no greater
than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater
than 1:2. Standards §§ 4.13.8, 4.5.2.
vii. There is insufficient turning space
within the toilet room. Provide an
unobstructed turning space at least 60 inches in diameter or a T-shaped space
complying with Fig. 3(b). Standards §§
4.22.3, 4.2.3, Fig. 3.
viii. The lavatory is inaccessible because there
is insufficient knee and toe clearance. Provide a lavatory with the top of its
rim or counter 34 inches or less above the finished floor; the bottom edge of
the apron at least 29 inches above the finished floor; and knee and toe
clearances that comply with Fig. 31.
Standards § 4.19.2, Fig. 31.
ix. The lavatory is inaccessible because the
hot water pipes are not insulated or otherwise configured to protect against
contact. Provide hot water and drain
pipes that are insulated or otherwise configured to protect against
contact. Standards § 4.19.4.
x. The lavatory is inaccessible because it
has twist-type hardware. Provide a
lavatory with a faucet that can be operated with 5 pounds of force or less and
can be used with one hand and without tight grasping, pinching, or twisting of
the wrist (lever-operated, push-type, and electronically controlled mechanisms
are examples of acceptable designs).
Standards §§ 4.19.5, 4.27.4.
xi. There is no accessible stall
provided. Provide a “standard”
accessible toilet stall at least 60 inches wide and at least 59 inches deep (or
at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s
elements, including stall door, stall door hardware, water closet, size and
arrangement, toe clearances, grab bars, controls, and dispensers, comply with
the Standards. Standards §§ 4.13, 4.16,
4.17, 4.26, 4.27, Fig. 30.
w. 2nd Floor Men’s Toilet Room
(with Stalls)
i. The toilet room sign is mounted on the
door and has no raised characters or Braille.
Provide a toilet room sign with the International Symbol of
Accessibility and raised and Braille characters mounted on the wall adjacent to
the latch side of the door with the centerline of the sign at 60 inches above
the finished floor and situated such that a person can approach within 3 inches
of the sign without encountering an obstruction or standing within a door
swing. Standards §§ 4.1.2(7)(d),
4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
ii. The door to the toilet room is
inaccessible because it has an opening width of only 29 inches. Provide a door with a clear opening of 32
inches with the door open 90 degrees, measured between the face of the door and
the opposite stop. Standards § 4.13.5,
Fig. 24.
iii. The toilet room door is inaccessible
because the pressure required to open the door is 8 pounds. Provide a door that requires no more than 5
pounds of force to open. Standards §
4.13.11(2)(b).
iv. The toilet room exit door, which is
accessed through a front approach, is inaccessible because it has only 12
inches of maneuvering clearance on the pull side latch side. On the pull side of the door, provide
maneuvering clearance at least 60 inches deep and provide a minimum of 18
inches (24 inches is preferred) of maneuvering clearance on the latch side of
the door. Standards § 4.13.6, Fig.
25(a).
v. The toilet room door swings into the
required clear floor space at the lavatory.
Ensure that no door swings into the required clear floor space at any
accessible fixture. Standards § 4.22.2.
vi. The toilet room door is inaccessible
because there is a ½ inch threshold that is not beveled. Provide a door with a threshold no greater
than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater
than 1:2. Standards §§ 4.13.8, 4.5.2.
vii. There is insufficient turning space
within the toilet room. Provide an
unobstructed turning space at least 60 inches in diameter or a T-shaped space
complying with Fig. 3(b). Standards §§
4.22.3, 4.2.3, Fig. 3.
viii. The lavatory is inaccessible because there
is insufficient knee and toe clearance. Provide a lavatory with the top of its
rim or counter 34 inches or less above the finished floor; the bottom edge of
the apron at least 29 inches above the finished floor; and knee and toe
clearances that comply with Fig. 31.
Standards § 4.19.2, Fig. 31.
ix. The lavatory is inaccessible because the
hot water pipes are not insulated or otherwise configured to protect against
contact. Provide hot water and drain
pipes that are insulated or otherwise configured to protect against
contact. Standards § 4.19.4.
x. The lavatory is inaccessible because it
has twist-type hardware. Provide a
lavatory with a faucet that can be operated with 5 pounds of force or less and
can be used with one hand and without tight grasping, pinching, or twisting of
the wrist (lever-operated, push-type, and electronically controlled mechanisms
are examples of acceptable designs).
Standards §§ 4.19.5, 4.27.4.
xi. There is no accessible stall
provided. Provide a “standard”
accessible toilet stall at least 60 inches wide and at least 59 inches deep (or
at least 56 inches deep with a wall-mounted toilet) such that all of the
stall’s elements, including stall door, stall door hardware, water closet, size
and arrangement, toe clearances, grab bars, controls, and dispensers, comply
with the Standards. Standards §§ 4.13,
4.16, 4.17, 4.26, 4.27, Fig. 30.
x. Holding Cell Area Routes
i. The route from the 2nd
floor to the holding cell area is inaccessible because it requires traversing
stairs. Provide at least one accessible
route within the boundary of the site connecting these elements that, to the
maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum
clear width of 36 inches, or a minimum clear width of 42 inches if there is a
turn around an obstruction less than 48 inches wide; have passing spaces at
least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom
of 80 inches; have a surface that is firm, stable, and slip resistant; have, in
the absence of a curb ramp, ramp, elevator, or platform lift, no level changes
in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%)
(or have been constructed as a fully accessible ramp) and a cross slope of less
than 1:50 (2%). Standards §§ 4.3, 4.5,
Fig. 7.
ii. The stairs from the 2nd
floor to the holding cell are inaccessible because the undersides of the
nosings are abrupt, handrails are not provided on both sides of the stairs, the
and handrail is mounted 30 inches above the nosings, lacks extensions, is not
rounded or returned smoothly to the wall, floor or post, and has a diameter of
2½ inches. Provide stairs with closed
risers, uniform tread width and riser height, a tread depth of at least 11
inches measured from riser to riser, and nosings, treads, and risers that
otherwise comply fully with the Standards.
Provide handrails on both sides of the stairs such that the inside
handrail on switchbacks or doglegs is continuous; handrails that are not
continuous beyond the top and bottom of the stairs extend at least 12 inches
beyond the top riser and at least 12 inches plus the width of one tread beyond
the bottom riser; there is a clear space between the handrails and the wall of
1½ inches; gripping surfaces are uninterrupted by newel posts, other
construction elements, or obstructions; the handrails are mounted between 34
and 38 inches above stair nosings; the ends of the handrails are either rounded
or returned smoothly to the floor, wall, or post; and the handrails do not
rotate within their fittings. Standards
§ 4.9.
iii. The route within the holding cell is
inaccessible because the floor drain slopes excessively. Provide at least one accessible route within
the holding cell with a minimum clear width of 36 inches, or a minimum clear
width of 42 inches if there is a turn around an obstruction less than 48 inches
wide; a minimum clear headroom of 80 inches; a surface that is firm, stable, and
slip resistant; in the absence of a curb ramp, ramp, elevator, or platform
lift, no level changes in excess of ½ inch vertically; and a running slope of
less than 1:20 (5%) (unless constructed as a fully accessible ramp) and a cross
slope of less than 1:50 (2%). Standards
§§ 4.3, 4.5, Fig. 7.
iv. The route from the court room to the
holding cell is inaccessible because it requires traversing stairs. Provide at least one accessible route within
the boundary of the site connecting these elements that, to the maximum extent
feasible, coincides with the route for the general public. The accessible route must have a minimum
clear width of 36 inches, or a minimum clear width of 42 inches if there is a
turn around an obstruction less than 48 inches wide; have passing spaces at
least 60 inches by 60 inches at least every 200 feet; have a minimum clear
headroom of 80 inches; have a surface that is firm, stable, and slip resistant;
have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level
changes in excess of ½ inch vertically; and have a running slope of less than
1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross
slope of less than 1:50 (2%). Standards
§§ 4.3, 4.5, Fig. 7.
v. The hall door to the holding cell is
inaccessible because it has an opening width of only 26½ inches. Provide a door with a clear opening of 32
inches with the door open 90 degrees, measured between the face of the door and
the opposite stop. Standards § 4.13.5,
Fig. 24.
y. Holding Cell with Toilet
i. The door to the cell is inaccessible
because it has an opening width of only 26½ inches. Provide a door with a clear opening of 32 inches with the door
open 90 degrees, measured between the face of the door and the opposite
stop. Standards § 4.13.5, Fig. 24.
ii. The toilet/lavatory combination has a
number of inaccessible elements and is not accessible to people with
disabilities. Provide an accessible
toilet and lavatory such that all of their elements, including signage, door,
door hardware, clear floor space, water closet, urinal (if provided), grab
bars, lavatory, mirror, controls, and dispensers, comply with the
Standards. Standards §§ 4.13, 4.16,
4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.
z. Rear Parking Lot. Although the parking lot has a total of 133
parking spaces, none is designated as reserved for people with
disabilities. On the shortest
accessible route to the accessible entrance, provide at least 1 van accessible
space and 4 standard spaces designated as reserved for people with disabilities. Standard accessible spaces shall be a
minimum of 96 inches wide and served by access aisles at least 60 inches
wide. Van accessible spaces shall be a
minimum of 96 inches wide and served by access aisles at least 96 inches
wide. All spaces designated as reserved
for people with disabilities shall have vertical signs with the International
Symbol of Accessibility located such that they cannot be obstructed by parked
vehicles. Van accessible spaces shall
have an additional “Van-Accessible” sign located below the International Symbol
of Accessibility. Standards §§
4.1.2(5), 4.6, 4.30.7(1).
aa. Rear Entrance. The building is inaccessible because it lacks directional
signage. Provide accessible directional
signage with the International Symbol of Accessibility at inaccessible
entrances directing users to the accessible entrance, and provide accessible
signage with the International Symbol of Accessibility at all permanent
accessible entrances. Standards §§
4.1.3(8)(d), 4.13, 4.30.
bb. Public Telephone in Rear Entrance
Vestibule. The telephone is
inaccessible because the highest operable part is mounted 55½ inches above the
finished floor, it lacks volume control and signage, and the door interferes
with the required clear floor space.
Provide an accessible telephone with a clear floor space of at least 30
inches by 48 inches that allows either a forward or parallel approach by a
person using a wheelchair such that bases, enclosures, and fixed seats do not
impede approaches to the telephone; with the highest operable part of the
telephone mounted no more than 48 inches above the floor for a front approach
or no more than 54 inches above the floor for a side approach; that is hearing
aid compatible and has a volume control mechanism; with telephone books, if provided,
located between 15 and 48 inches above the finished floor for a front approach
or between 9 and 54 inches above the finished floor for a side approach; with a
cord of at least 29 inches long from the telephone to the handset; and with
signage that complies with the Standards.
Standards §§ 4.31, 4.30.7(2).
cc. Main Courtroom
i. The main courtroom entrance is
inaccessible because the door hardware is
mounted 53 inches above the finished floor. Provide a designated accessible entrance with hardware that is
mounted no higher than 48 inches above the finished floor. Standards § 4.13, Figs. 24, 25.
ii. The main courtroom entrance, which is
accessed through a front approach, is inaccessible because it has insufficient
maneuvering clearance on the pull side latch side. On the pull side of the door, provide maneuvering clearance at
least 60 inches deep and provide a minimum of 18 inches (24 inches is
preferred) of maneuvering clearance on the latch side of the door. Standards § 4.13.6, Fig. 25(a).
iii. The route from the main door into the
courtroom is obstructed by the seat back so as to be 33 inches wide for a
length of 30 inches. Provide at least
one accessible route into the court that, to the maximum extent feasible,
coincides with the route for the general public, with a minimum clear width of
36 inches, except at doors, where the width may decrease to 32 inches for a
length of no more than 24 inches.
Standards §§ 4.3.3, 4.13.5.
iv. The court room, containing 100 seats, is
inaccessible because there are no wheelchair seating areas. Provide at least 4 wheelchair seating
locations, each with a minimum clear ground or floor space of 66 inches wide by
48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep
for side access. Ensure that the ground
or floor at all wheelchair locations is level, firm, stable, and slip
resistant; that wheelchair seating areas are an integral part of the fixed
seating plan and are located so as to provide people with physical disabilities
a choice of admission prices and lines of sight comparable to those available
for members of the general public; that wheelchair seating areas adjoin an
accessible route that also serves as a means of egress in case of emergency;
and that at least one fixed companion seat is provided next to each wheelchair
seating area. Standards §§
4.1.3(19)(a), 4.5, 4.33.
v. The attorney tables provide only 26
inches of knee clearance. Provide
accessible tables with clear floor space of 30 inches wide by 48 inches deep,
knee clearance of at least 27 inches high by 30 inches wide by 19 inches deep,
and a writing surface between 28 and 34 inches above the finished floor. Standards §§ 4.2.4.1, 4.32.
vi. The court room is inaccessible to people
with hearing impairments because it lacks an assistive listening system. Provide a permanently installed assistive
listening system (ALS) or a portable ALS with an adequate number of electrical
outlets or other supplementary wiring necessary to support a portable assistive
listening system. Also provide at least
4 receivers for use by the general public and signage indicating their
availability. Standards §§ 4.30, 4.33.
dd. Deliberation Room in Main Courtroom
i. The door is inaccessible because knob
hardware is used. Provide a door with
hardware that is easy to grasp with one hand and that does not require tight
grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type
mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
ii. The door is inaccessible because there
is a 1½ inch threshold. Provide a door
with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and
beveled with a slope no greater than 1:2.
Standards §§ 4.13.8, 4.5.2.
iii. The deliberation table provides only 26
inches of knee clearance. Provide an
accessible table with clear floor space of 30 inches wide by 48 inches deep,
knee clearance of at least 27 inches high by 30 inches wide by 19 inches deep,
and a writing surface between 28 and 34 inches above the finished floor. Standards §§ 4.2.4.1, 4.32.
iv. The clothes rod is inaccessible because
it is mounted too high. Provide an
accessible clothes rod mounted no more than 48 inches above the finished floor
for a front approach or 54 inches above the finished floor for a side approach;
and that has a clear floor space in front that is 30 inches wide by 48 inches
deep. Standards §§ 9.2.2(4), 4.25,
4.27.4, 4.2.5, 4.2.6.
v. The single user toilet room contains a
number of inaccessible elements and is not accessible to people with disabilities. Provide an accessible toilet room such that
all of the room’s elements, including signage, door, door hardware, clear floor
space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls,
and dispensers, comply with the Standards.
Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.
ee. Hallway Prisoner Entrance
i. The hallway prison entrance is
inaccessible because the door handle is mounted 51½ inches above the finished
floor. Provide a designated accessible
entrance with hardware mounted no higher than 48 inches above the finished
floor. Standards § 4.13, Figs. 24, 25.
ii. The door to the prisoner entrance,
which is accessed from the hinge side of the door, is inaccessible because it
has only 8½ inches of maneuvering clearance on the pull side latch side. On the pull side of the door, provide a path
of travel at least 48 inches wide for a side approach and at least 24 inches of
clear maneuvering space adjacent to the latch side of the door. Standards § 4.13.6, Fig. 25.
ff. 2nd Floor Doorway between
Lobby and Corridor with Toilet Rooms.
The door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to
grasp with one hand and that does not require tight grasping, pinching, or twisting
of the wrist to operate. Lever-operated
mechanisms, push-type mechanisms, and U-shaped handles are acceptable
designs. Standards § 4.13.9.
4. The County represents that it is
considering making significant renovations to the Old Health Department Building, located at 86 Court in Marion, that
is currently being used by the East Arkansas Substance Abuse Center. Within nine months of the effective date of
this Agreement, the County advise the Department, in writing, of its decision
as to whether or not make these renovations.
If the County does, in fact, decide to make these renovations, then
within nine months of such notice to the Department (18 months from the
effective date of the Agreement) the County will submit for the Department’s
review, complete design and construction documentation, including construction
drawings, as built drawings, project manuals, addenda, and change orders for
the alteration of these toilet rooms.
The Department will review the documentation for conformity to the ADA
Standards for Accessible Design and will note any deficiencies. Before the facility is opened, the County
will ensure that any deficiencies are corrected and that construction is
carried out in a way that meets the Department’s approval. In the event that the
County chooses not to go forward with the renovations, within 30 months of the
effective date of this Agreement, the County will make the following
modifications to the Old Health Department Building.
a. Route from Parking to Front
Entrance. The route from the parking
lot to the main entrance is inaccessible because there several breaks in the
pavement and the width narrows to 22½ inches along one stretch. Provide at least one accessible route within
the boundary of the site connecting these elements that, to the maximum extent
feasible, coincides with the route for the general public. The accessible route must have a minimum
clear width of 36 inches, or a minimum clear width of 42 inches if there is a
turn around an obstruction less than 48 inches wide; have passing spaces at
least 60 inches by 60 inches at least every 200 feet; have a minimum clear
headroom of 80 inches; have a surface that is firm, stable, and slip resistant;
have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level
changes in excess of ½ inch vertically; and have a running slope of less than
1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross
slope of less than 1:50 (2%). Standards
§§ 4.3, 4.5, Fig. 7.
b. Entrance Door
i. The entrance door, which is accessed
through a front approach, is inaccessible because it has only 15½ inches of
maneuvering clearance on the pull side latch side. On the pull side of the door, provide maneuvering clearance at
least 60 inches deep and provide a minimum of 18 inches (24 inches is
preferred) of maneuvering clearance on the latch side of the door. Standards § 4.13.6, Fig. 25(a).
ii. The entrance door is inaccessible
because knob hardware is used. Provide
a door with hardware that is easy to grasp with one hand and that does not
require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type
mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
iii. The entrance is inaccessible because
there are three steps up to it. Provide
at least one accessible route into the facility that, to the maximum extent
feasible, coincides with the route for the general public. The accessible route must have a minimum
clear width of 36 inches, or a minimum clear width of 42 inches if there is a
turn around an obstruction less than 48 inches wide; have passing spaces at
least 60 inches by 60 inches at least every 200 feet; have a minimum clear
headroom of 80 inches; have a surface that is firm, stable, and slip resistant;
have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level
changes in excess of ½ inch vertically; and have a running slope of less than
1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross
slope of less than 1:50 (2%). Standards
§§ 4.3, 4.5, Fig. 7.
c. Counter. The counter is inaccessible because it is 41 inches above the
finished floor. Provide a counter on an
accessible route such that a portion of the counter is at least 36 inches wide
and no more than 36 inches above the finished floor, or provide an auxiliary
counter with a maximum height of 36 inches in close proximity to the main
counter, or provide equivalent facilitation.
Equivalent facilitation may be provided in the form of a folding shelf
attached to the main counter, an auxiliary table nearby, a clip board made
available to the public, or other means.
Standards §§ 7.2(2), 4.3.
d. Health Center
i. The entrance door is inaccessible
because knob hardware is used. Provide
a door with hardware that is easy to grasp with one hand and that does not
require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type
mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
ii. The route through the health center is
inaccessible because the wall-mounted turkey protrudes 14½ inches into the
walkway 76 inches high and would not be detectable to a blind person using a
cane. Provide an accessible route at
this location such that no objects with their bottom leading edges measuring
between 27 inches and 80 inches above the finished floor protrude more than 4
inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons
may overhang 12 inches maximum from 27 inches to 80 inches above the ground or
finished floor. Standards § 4.4.
e. Toilet near Lobby (Single User). The toilet room contains a number of
inaccessible elements and is not accessible to people with disabilities. Provide an accessible toilet room such that
all of the room’s elements, including signage, door, door hardware, clear floor
space, water closet, urinal (if provided), grab bars, lavatory, mirror,
controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28,
29.
5. The County represents that it is
considering making significant renovations to the portion of the Old Health
Department Building currently used by Crowley’s
Ridge Development Council. Within
nine months of the effective date of this Agreement, the County advise the
Department, in writing, of its decision as to whether or not make these
renovations. If the County does, in act
decide to make these renovations, then within nine months of notice to the
Department (18 months from the effective date of the Agreement) the County will
submit for the Department’s review, complete design and construction
documentation, including construction drawings, as built drawings, project
manuals, addenda, and change orders for the alteration of these toilet
rooms. The Department will review the
documentation for conformity to the ADA Standards for Accessible Design and
will note any deficiencies. Before the
facility is opened, the County will ensure that any deficiencies are corrected
and that construction is carried out in a way that meets the Department’s
approval. In the event that the County chooses not to go forward with the
renovations, within 30 months of the effective date of this Agreement, the
County will make the following modifications to this building.
a. Entrance
i. The main entrance is inaccessible
because it can only be accessed by stairs.
Provide at least one accessible route into the facility that, to the
maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum
clear width of 36 inches, or a minimum clear width of 42 inches if there is a
turn around an obstruction less than 48 inches wide; have passing spaces at
least 60 inches by 60 inches at least every 200 feet; have a minimum clear
headroom of 80 inches; have a surface that is firm, stable, and slip resistant;
have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level
changes in excess of ½ inch vertically; and have a running slope of less than 1:20
(5%) (or have been constructed as a fully accessible ramp) and a cross slope of
less than 1:50 (2%). Standards §§ 4.3,
4.5, Fig. 7.
ii. The exterior entrance door is
inaccessible because it has an opening width of only 31 inches. Provide a designated accessible entrance
with a clear opening of 32 inches with the door open 90 degrees, measured
between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24.
iii. The interior door is inaccessible because
it has an opening width of only 29 inches.
Provide a door with a clear opening of 32 inches with the door open 90
degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24.
iv. The interior door is inaccessible
because knob hardware is used. Provide
a door with hardware that is easy to grasp with one hand and that does not
require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type
mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
b. Toilet Room (Single User). The toilet room contains a number of
inaccessible elements and is not accessible to people with disabilities. Provide an accessible toilet room such that
all of the room’s elements, including signage, door, door hardware, clear floor
space, water closet, urinal (if provided), grab bars, lavatory, mirror,
controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28,
29.
6. Within 6 months of the effective date
of this Agreement, the County will make the following modifications to the
Crittenden County Office Building, located at 116 Center Street in Marion.
a. Parking. The designated accessible parking space is inaccessible because,
although there are 24 total parking spaces, there is no van accessible space,
there is no access aisle, and the signage designating parking as reserved for
persons with disabilities is too low.
On the shortest accessible route to the accessible entrance, provide at
least 1 van accessible space a minimum of 96 inches wide, served by an access
aisle at least 96 inches wide, with a vertical sign with the International
Symbol of Accessibility located such that it cannot be obstructed by parked
vehicles, and with an additional “Van-Accessible” sign located below the
International Symbol of Accessibility.
Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).
b. Route.
The route from the parking area to the main entrance is inaccessible
because the route around the guard rail is, in part, a grassy surface and is
not firm, stable, or slip resistant, and the sidewalk has a cross slope of 2.6%
by the trash can. Provide at least one
accessible route within the boundary of the site connecting these elements
that, to the maximum extent feasible, coincides with the route for the general
public. The accessible route must have
a minimum clear width of 36 inches, or a minimum clear width of 42 inches if
there is a turn around an obstruction less than 48 inches wide; have passing spaces
at least 60 inches by 60 inches at least every 200 feet; have a minimum clear
headroom of 80 inches; have a surface that is firm, stable, and slip resistant;
have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level
changes in excess of ½ inch vertically; and have a running slope of less than
1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross
slope of less than 1:50 (2%). Standards
§§ 4.3, 4.5, Fig. 7.
c. Main Entrance
i. The building is inaccessible because
it lacks entrance signage. Provide accessible
directional signage with the International Symbol of Accessibility at
inaccessible entrances directing users to the accessible entrance, and provide
accessible signage with the International Symbol of Accessibility at all
permanent accessible entrances.
Standards §§ 4.1.3(8)(d), 4.13, 4.30.
ii. The main entrance is inaccessible
because there is a ¾ inch threshold.
Provide a door with a threshold no greater than ¼ inch, or between ¼
inch and ½ inch and beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.
d. Offices. The office doors throughout the facility are inaccessible because
knob hardware is used. Provide doors
with hardware that is easy to grasp with one hand and that does not require
tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type
mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
1st
Floor
e. State Revenue Office. The waiting number machine at the entrance
door protrudes 11 inches into the walkway and would not be detectable to a
blind person using a cane. Provide an
accessible route at this location such that no objects with their bottom
leading edges measuring between 27 inches and 80 inches above the finished
floor protrude more than 4 inches into walks, halls, corridors, passageways, or
aisles. Free-standing objects mounted
on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches
above the ground or finished floor.
Standards § 4.4.
f. 1st Floor Drinking
Fountain. The drinking fountain has a
spout that is 42 inches above the finished floor, and the water flow is within
3½ inches of the front of the fountain.
Provide at least one drinking fountain with a spout height no higher than
36 inches, measured from the finished floor or ground surface to the spout
outlet; and a spout located at the front of the unit that directs the water
flow in a trajectory that is nearly parallel to the front of the unit and is
positioned so the flow of water is within 3 inches of the front edge of the
fountain and at least 4 inches high.
Ensure that fountain controls are operable with one hand, require 5 lbf
or less to operate without tight grasping, pinching, or twisting of the wrist;
and are front mounted or side mounted near the front edge. Additionally, provide a drinking fountain
that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a
“hi-lo” fountain; by providing one fountain accessible to those who use
wheelchairs and one fountain at a standard height convenient for those who have
difficulty bending; by providing a fountain accessible to people who use
wheelchairs and a cup dispenser; or by such other means as would achieve the
required accessibility for each group of people. Standards §§ 4.15, 4.27.4, Fig. 27.
g. Public Toilet Rooms.
i. The “Public Rest Rooms” sign protrudes
23 inches at 76½ inches high and would not be detectable to a blind person
using a cane. Provide an accessible
route at this location such that no objects with their bottom leading edges
measuring between 27 inches and 80 inches above the finished floor protrude
more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or
pylons may overhang 12 inches maximum from 27 inches to 80 inches above the
ground or finished floor. Standards §
4.4.
ii. The single user toilet rooms contain a
number of inaccessible elements and are not accessible to people with
disabilities. Provide an accessible
toilet room such that all of the room’s elements, including signage, door, door
hardware, clear floor space, water closet, urinal (if provided), grab bars,
lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26,
4.27, 4.30, Figs. 28, 29.
h. Kitchen Area off Extension Office. The double doors to the kitchen area are
inaccessible because each leaf measures 27 inches wide. Provide a door at this location that has at
least one active leaf with a clear opening at least 32 inches wide when
measured from the face of the door to the middle edge of the other door when
one door is opened 90 degrees and that has hardware usable with one hand and
without tight grasping, pinching, or twisting of the wrist OR provide an
automatic door opener that opens both doors simultaneously. Where no automatic opener is provided, door
hardware may be lever-operated, push-type, or a U-shaped handle. Unless an automatic door operator is
provided, there must be clear and level maneuvering clearances at the pull side
and the push side of the active leaf as indicated in Fig. 25. The doors’ threshold must be ½ inch or less
in height and beveled with a slope of no greater than 1:2. If a door closer is provided, it must be set
so that the sweep period of the active leaf will, from an open position of 70
degrees, take 3 seconds to move to a point 3 inches from the latch, measured to
the leading edge of the door. The
active leaf must not take more than 5 pounds of force to open or close. Standards § 4.13, Figs. 24, 25.
i. Extension Area Offices. The door to the office, which is accessed
through a front approach, is inaccessible because it has only 3½ inches of
clearance on the pull side latch side.
On the pull side of the door, provide maneuvering clearance at least 60
inches deep and provide a minimum of 18 inches (24 inches is preferred) of
maneuvering clearance on the latch side of the door. Standards § 4.13.6, Fig. 25(a).
2nd
Floor
j. 2nd Floor Drinking
Fountain. The drinking fountain has a
spout that is 41 inches above the finished floor and the water flow measures 3
inches high. Provide at least one
drinking fountain with a spout height no higher than 36 inches, measured from
the finished floor or ground surface to the spout outlet; and a spout located
at the front of the unit that directs the water flow in a trajectory that is
nearly parallel to the front of the unit and is positioned so the flow of water
is within 3 inches of the front edge of the fountain and at least 4 inches
high. Ensure that fountain controls are
operable with one hand, require 5 lbf or less to operate without tight
grasping, pinching, or twisting of the wrist; and are front mounted or side
mounted near the front edge.
Additionally, provide a drinking fountain that is accessible to people
who have difficulty bending or stooping.
This can be accommodated by the use of a “hi-lo” fountain; by providing
one fountain accessible to those who use wheelchairs and one fountain at a
standard height convenient for those who have difficulty bending; by providing
a fountain accessible to people who use wheelchairs and a cup dispenser; or by
such other means as would achieve the required accessibility for each group of
people. Standards §§ 4.15, 4.27.4, Fig.
27.
k. Vending Machines. The food vending machine is inaccessible
because the highest operable part is 58½ inches high. Provide an accessible vending machine with the highest operable
part no more than 48 inches above the finished floor for a front approach or no
more than 54 inches above the finished floor for a side approach. Standards §§ 5.8, 4.2.5, 4.2.6.
l. 2nd Floor Probation
Offices. The door to the office is
inaccessible because it has an opening width of 30 inches. Provide a door with a clear opening of 32
inches with the door open 90 degrees, measured between the face of the door and
the opposite stop. Standards § 4.13.5,
Fig. 24.
m. 2nd Floor Directors
Office. The private outside door is
inaccessible because it has an opening width of 30 inches. Provide a door with a clear opening of 32
inches with the door open 90 degrees, measured between the face of the door and
the opposite stop. Standards § 4.13.5,
Fig. 24.
7. The County represents that it is
considering making significant renovations to the Crittenden County Office Building, located at 116 Center Street in
Marion. Within nine months of the
effective date of this Agreement, the County advise the Department, in writing,
of its decision as to whether or not make these renovations. If the County does, in act decide to make
these renovations, then within nine months of notice to the Department (18
months from the effective date of the Agreement) the County will submit for the
Department’s review, complete design and construction documentation, including
construction drawings, as built drawings, project manuals, addenda, and change
orders for the alteration of these toilet rooms. The Department will review the documentation for conformity to
the ADA Standards for Accessible Design and will note any deficiencies. Before the facility is opened, the County
will ensure that any deficiencies are corrected and that construction is
carried out in a way that meets the Department’s approval. In the event that
the County chooses not to go forward with the renovations, within 30 months of
the effective date of this Agreement, the County will make the following
modifications to the Courthouse.
a. Parking
i. Although the parking lot has a total
of 34 parking spaces, none are van accessible.
On the shortest accessible route to the accessible entrance, provide at
least 1 van accessible space a minimum of 96 inches wide, served by an access
aisle at least 96 inches wide, with a vertical sign with the International
Symbol of Accessibility located such that it cannot be obstructed by parked vehicles,
and with an additional “Van-Accessible” sign located below the International
Symbol of Accessibility. Standards §§
4.1.2(5)(b), 4.6, 4.30.7(1).
ii. The parking reserved for persons with
disabilities lacks appropriate signage.
At all spaces designated as reserved for persons with disabilities,
provide vertical signs with the International Symbol of Accessibility located
such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an
additional “Van-Accessible” sign located below the International Symbol of
Accessibility. Standards §§ 4.6.4,
4.30.7(1).
iii. The built-up curb ramps impermissibly
extend into the required parking spaces’ access aisles. Provide curb ramps located so that they do
not project into the access aisles and all aspects of the ramp or curb cut
comply with the Standards. Standards §§
4.3.8, 4.7.6.
b. Exterior Entrance Door. The exterior entrance door is inaccessible
because there is a slope of 2.2% within the door’s required maneuvering
clearance. Provide a door so that the
floor or ground area within the required clearances is level and clear. Standards § 4.13.6, Fig. 25.
c. Public Telephone
i. The telephone is inaccessible because
it lacks volume control. Provide an
accessible telephone with a clear floor space of at least 30 inches by 48
inches that allows either a forward or parallel approach by a person using a
wheelchair such that bases, enclosures, and fixed seats do not impede
approaches to the telephone; with the highest operable part of the telephone
mounted no more than 48 inches above the floor for a front approach or no more
than 54 inches above the floor for a side approach; that is hearing aid
compatible and has a volume control mechanism; with telephone books, if
provided, located between 15 and 48 inches above the finished floor for a front
approach or between 9 and 54 inches above the finished floor for a side
approach; with a cord of at least 29 inches long from the telephone to the
handset; and with signage that complies with the Standards. Standards §§ 4.31, 4.30.7(2).
ii. The telephone protrudes into the path
of travel and would not be detectable to a blind person using a cane. Provide an accessible route at this location
such that no objects with their bottom leading edges measuring between 27
inches and 80 inches above the finished floor protrude more than 4 inches into
walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12
inches maximum from 27 inches to 80 inches above the ground or finished
floor. Standards § 4.4.
d. WIC Counter. The WIC counter is inaccessible because it is 43 inches above the
finished floor. Provide a counter on an
accessible route such that a portion of the counter is at least 36 inches wide
and no more than 36 inches above the finished floor, or provide an auxiliary
counter with a maximum height of 36 inches in close proximity to the main
counter, or provide equivalent facilitation.
Equivalent facilitation may be provided in the form of a folding shelf
attached to the main counter, an auxiliary table nearby, a clip board made
available to the public, or other means.
Standards §§ 7.2(2), 4.3.
e. Lobby Drinking Fountain. Although an accessible drinking fountain is
provided, there is no drinking fountain provided for people who have difficulty
bending or stooping. Provide a drinking
fountain that is accessible to people who have difficulty bending or
stooping. This can be accommodated by
the use of a “hi-lo” fountain; by providing one fountain accessible to those
who use wheelchairs and one fountain at a standard height convenient for those
who have difficulty bending; by providing a fountain accessible to people who
use wheelchairs and a cup dispenser, or by such other means as would achieve
the required accessibility for each group of people. Standards § 4.1.3(10)(a).
f. Men’s Toilet Room (with Stalls)
i. The toilet room sign is mounted on the
door and has no raised characters or Braille.
Provide a toilet room sign with the International Symbol of Accessibility
and raised and Braille characters mounted on the wall adjacent to the latch
side of the door with the centerline of the sign at 60 inches above the
finished floor and situated such that a person can approach within 3 inches of
the sign without encountering an obstruction or standing within a door
swing. Standards §§ 4.1.2(7)(d),
4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
ii. The toilet room door is inaccessible
because the pressure required to open the door is 11 pounds. Provide a door that requires no more than 5
pounds of force to open. Standards §
4.13.11(2)(b).
iii. No accessible mirror has been
provided. Provide a mirror with the
bottom edge of its reflecting surface no more than 40 inches above the finished
floor. Standards § 4.19.6.
iv. The lavatory is inaccessible because the
hot water pipes are not insulated or otherwise configured to protect against
contact. Provide hot water and drain
pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
v. The urinal is inaccessible because the
rim is mounted 24 inches above the finished floor, the flush control is mounted
52½ inches above the finished floor, and the urinal lacks an elongated
rim. Provide a urinal with an elongated
rim mounted 17 inches or less above the finished floor, a clear floor space of
at least 30 inches wide and 48 inches deep centered on the urinal, and a flush
control height of 44 inches or less above the finished floor. Standards §§ 4.18.2, 4.18.3, 4.18.4.
vi. The path of travel to the urinal is
inaccessible because it is 31 inches wide for a depth of 24 inches. Provide a urinal on an accessible route with
a minimum clear width of 36 inches, except at doors, where the width may
decrease to 32 inches for a depth of no more than 24 inches. Standards §§ 4.3.3, 4.13.5.
vii. There is no accessible stall
provided. Provide a “standard”
accessible toilet stall at least 60 inches wide and at least 59 inches deep (or
at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s
elements, including stall door, stall door hardware, water closet, size and
arrangement, toe clearances, grab bars, controls, and dispensers, comply with
the Standards. Standards §§ 4.13, 4.16,
4.17, 4.26, 4.27, Fig. 30.
g. Women’s Toilet Room (stalls)
i. The toilet room sign is mounted on the
door and has no raised characters or Braille.
Provide a toilet room sign with the International Symbol of
Accessibility and raised and Braille characters mounted on the wall adjacent to
the latch side of the door with the centerline of the sign at 60 inches above
the finished floor and situated such that a person can approach within 3 inches
of the sign without encountering an obstruction or standing within a door
swing. Standards §§ 4.1.2(7)(d),
4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
ii. No accessible mirror has been
provided. Provide a mirror with the
bottom edge of its reflecting surface no more than 40 inches above the finished
floor. Standards § 4.19.6.
iii. The lavatory is inaccessible because the
hot water pipes are not insulated or otherwise configured to protect against
contact. Provide hot water and drain
pipes that are insulated or otherwise configured to protect against
contact. Standards § 4.19.4.
iv. There is no accessible stall
provided. Provide a “standard” accessible
toilet stall at least 60 inches wide and at least 59 inches deep (or at least
56 inches deep with a wall-mounted toilet) such that all of the stall’s
elements, including stall door, stall door hardware, water closet, size and
arrangement, toe clearances, grab bars, controls, and dispensers, comply with
the Standards. Standards §§ 4.13, 4.16,
4.17, 4.26, 4.27, Fig. 30.
h. Pediatric Clinic
i. The clinic door is inaccessible
because the pressure required to open the door is 7 pounds. Provide a door that requires no more than 5
pounds of force to open. Standards §
4.13.11(2)(b).
ii. The clinic door is inaccessible because
knob hardware is used. Provide a door
with hardware that is easy to grasp with one hand and that does not require
tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type
mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
i. Main Door to Exam Rooms
i. The main door is inaccessible because
the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to
open. Standards § 4.13.11(2)(b).
ii. The door is inaccessible because knob
hardware is used. Provide a door with
hardware that is easy to grasp with one hand and that does not require tight
grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type
mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
j. Exam Room B. The exam room door is inaccessible because knob hardware is
used. Provide a door with hardware that
is easy to grasp with one hand and that does not require tight grasping,
pinching, or twisting of the wrist to operate.
Lever-operated mechanisms, push-type mechanisms, and U-shaped handles
are acceptable designs. Standards §
4.13.9.
k. Route to all Exam Rooms (Hallway). The route through the hallway is
inaccessible because the fold down work station protrudes 15 inches from the
wall and would not be detectable to a blind person using a cane. Provide an accessible route at this location
such that no objects with their bottom leading edges measuring between 27
inches and 80 inches above the finished floor protrude more than 4 inches into
walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12
inches maximum from 27 inches to 80 inches above the ground or finished
floor. Standards § 4.4.
l. Exam Room D - Designated Accessible
Exam Room. The exam room door is
inaccessible because knob hardware is used.
Provide a door with hardware that is easy to grasp with one hand and
that does not require tight grasping, pinching, or twisting of the wrist to
operate. Lever-operated mechanisms,
push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
m. Route from Clinic Care to Lab Area. The double doors to the lab area are
inaccessible because each leaf is 30½ inches wide and requires 10 pounds of
force to open. Provide a door at this
location that has at least one active leaf with a clear opening at least 32
inches wide when measured from the face of the door to the middle edge of the
other door when one door is opened 90 degrees and that has hardware usable with
one hand and without tight grasping, pinching, or twisting of the wrist OR
provide an automatic door opener that opens both doors simultaneously. Where no automatic opener is provided, door
hardware may be lever-operated, push-type, or a U-shaped handle. Unless an automatic door operator is
provided, there must be clear and level maneuvering clearances at the pull side
and the push side of the active leaf as indicated in Fig. 25. The doors’ threshold must be ½ inch or less
in height and beveled with a slope of no greater than 1:2. If a door closer is provided, it must be set
so that the sweep period of the active leaf will, from an open position of 70
degrees, take 3 seconds to move to a point 3 inches from the latch, measured to
the leading edge of the door. The
active leaf must not take more than 5 pounds of force to open or close. Standards § 4.13, Figs. 24, 25.
n. Blood lab Area
i. The lab door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).