Attachment K: Program Access in Existing Facilities

Please Note: Paragraph 37 of the Agreement requires that within fourteen months of the effective date of this Agreement, the City 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 Areadily accessible to and usable by@ people 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 City=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 people with disabilities, the City will take the following actions:

3. The City will make the following modifications to the Albany Branch Library located at 1250 Albany Avenue, within 5 years of the effective date of this Agreement, unless a shorter time period is indicated:

A. Community Room located on the Lower Level

i. Within six months, the City will implement and report to the Department its plan to provide program access to the Community Room for persons with disabilities. The plan may include allowing activities, events, meetings, and/or business involving people with disabilities that would normally be held in the Community Room to instead be held at an alternate accessible location. 28 C.F.R. 35.149, 35.150.

B. Unisex Single-User Toilet Room

i. No accessible toilet room sign has been provided. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be 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 entrance to the toilet room is inaccessible because there is 35 inches of clear floor space between the two doors. Provide an accessible entrance, such that the space between any two doors in series is at least 48 inches plus the width of any door swinging into the space. Provide doors in a series that swing either in the same direction or away from the space between the doors. Standards ' 4.13.7, Fig. 26.

iii. The doors are inaccessible because they have a clear opening width of 29 2 inches and have knob hardware. Provide doors with clear openings at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards '' 4.13.5, 4.13.9.

iv. 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.

v. 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.

vi. The lavatory is inaccessible because it has twist type controls. 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 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.

viii. The toilet room door swings into the required clear floor space at the lavatory. Provide the required clear floor space at any accessible fixture. Standards ' 4.22.2.

ix. The toilet is inaccessible because there is insufficient clear floor space. Provide clear floor space at the toilet that complies with Fig. 28. Standards ' 4.16.2, Fig. 28.

x. The toilet is inaccessible because the flush control is on the closed side. Provide a flush control mounted on the Aopen@ side of the toilet=s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards '' 4.16.5, 4.27.4.

xi. No grab bars have been provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Provide grab bars that are mounted 33 to 36 inches above the finished floor; with a diameter between 13 and 12 inches; with 12 inches between the grab bars and the wall; and at least 12 inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser. Standards '' 4.16.4, 4.26.2, Fig. 29.

4. The City is in the midst of evaluating the renovation and/or future use of a number of facilities, including the Anderson Recreation Center and Indoor Pool located at 2621 Main Street. The City shall either make the modifications to the above facility within the designated time-frames or, alternatively, within 18 months, submit to the Department for review and approval a plan for ensuring that all of the programs offered in the above facility, when considered in their entirety, are made accessible to persons with disabilities. In instances where the City chooses to address access issues through the renovation of the facility, the construction of a new facility, or the relocation of programs to another facility, and such actions are not expected to be completed within the next 12 months, the plan shall specify the actions the City will take to provide access to the programs for persons with disabilities during the time period prior to completion of such actions, including the dates by which such actions will be taken.

The City will make the following modifications to the Anderson Recreation Center and Indoor Pool located at 2621 Main Street, within 9 years of the effective date of this Agreement:

A. Parking

i. Although the parking lot has up to 25 parking spaces, no parking designated as reserved for people with disabilities has been provided. On the upper lot near the accessible route to main entrance, provide one van accessible space designated as reserved for people with disabilities. In the rear of the building near the exterior ramp to the indoor basketball courts, provide one van accessible space designated as reserved for people with disabilities. 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 AVan-Accessible@ sign located below the International Symbol of Accessibility. Standards '' 4.1.2(5), 4.6, 4.30.7(1).

B. Exterior Ramp to Basketball Courts

i. The ramp is inaccessible because there is no level landing at the bottom of the ramp. Provide a ramp with level landings at least as wide as the ramp and 60 inches long at the bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides. Provide handrails that extend at least 12 inches beyond the bottom of the ramp parallel with the ground surface. Provide handrails that 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. Provide a ramp and approaches that are designed so that water will not accumulate on walking surfaces. Standards '' 4.3.8, 4.8.

C. Drinking Fountain

i. The wall-mounted drinking fountain on the first floor is inaccessible because it does not provide sufficient knee or toe clearance. 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. Provide 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 Ahi-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.

D. Public Telephone

v. The telephone is inaccessible because it is mounted in a booth that is 22 inches wide. 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).

E. Men=s Toilet Room

i. The men=s toilet room is inaccessible because no accessible toilet room sign has been provided. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be 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 paper dispenser in the designated accessible stall is inaccessible because it is mounted above the side grab bar. Provide a toilet paper dispenser that is mounted with its top at least 12 inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards ' 4.17.3, Fig. 30(d).

F. Women=s Toilet Room

vii. The women=s toilet room is inaccessible because no accessible toilet room sign has been provided. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be 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.

viii. The toilet paper dispenser in the designated accessible stall is inaccessible because it is mounted above the side grab bar. Provide a toilet paper dispenser that is mounted with its top at least 12 inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards ' 4.17.3, Fig. 30(d).

ix. The toilet in the designated accessible stall is inaccessible because the flush control is on the closed side. Provide a flush control mounted on the Aopen@ side of the toilet=s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards '' 4.16.5, 4.17.2, 4.27.4.

G. Accessible Route

i. The route from the side of the of building (where designated accessible parking is to be installed) to the pool entrance doors is inaccessible because a fence protrudes into the main 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 '' 4.1.2(3), 4.1.6(1)(b), 4.4.

H. Women=s/Girls= Locker Room

i. No accessible locker room sign has been provided. Provide a locker room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The path of travel into the room is inaccessible because the wall-mounted air dryers are not detectable to a blind person using a cane. Provide an accessible route into the room 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 '' 4.1.2(3), 4.4.

iii. No accessible coat hook has been provided in either the designated accessible stall or the changing area. Provide a coat hook in each of these locations at 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 '' 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iv. The designated accessible stall door swings into the required clear floor space at the toilet. Provide the required clear floor space at any accessible fixture. Standards ' 4.22.2.

v. The toilet paper dispenser in the designated accessible stall is inaccessible because it is mounted above the grab bar. Provide a toilet paper dispenser that is mounted within reach, with its top at least 12 inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards ' 4.16.6, Fig. 29(b).

vi. No rear grab bar has been provided in the designated accessible stall. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 13 and 12 inches; with 12 inches between the grab bar and the wall; and at least 12 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards '' 4.16.4, 4.26.2, Fig. 29.

vii. No accessible shower has been provided. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Provide a shower that has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards ' 4.21, Figs. 35, 36, 37.

viii. The bench is inaccessible because it is 9 2 inches wide and is not fixed to the wall. Provide a 24 inch by 48 inch bench fixed to the wall along the bench=s longer dimension. Provide a bench that has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards '' 4.35.4, 4.26.3.

IX. Men=s/Boys= Locker Room

ii. The urinal is inaccessible because its flush control is 48 inches above the finished floor. Provide a urinal with a flush control height of 44 inches or less above the finished floor. Standards '' 4.18.2, 4.18.3, 4.18.4.

iii. No accessible coat hook has been provided in the changing area. Provide a coat hook in each of these locations at 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 '' 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iv. No standard accessible toilet stall has been provided. Provide a Astandard@ 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.

v. No accessible shower has been provided. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Provide a shower that has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards ' 4.21, Figs. 35, 36, 37.

vi. The bench is inaccessible because it is 9 2 inches wide and is not fixed to the wall. Provide a 24 inch by 48 inch bench fixed to the wall along the bench=s longer dimension. Provide a bench that has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards '' 4.35.4, 4.26.3.

5. The City is in the midst of evaluating the renovation and/or future use of a number of facilities, including the Blue Hills Recreation Center located at 9 Lebanon Street. The City shall either make the modifications to the above facility within the designated time-frames or, alternatively, within 18 months, submit to the Department for review and approval a plan for ensuring that all of the programs offered in the above facility, when considered in their entirety, are made accessible to persons with disabilities. In instances where the City chooses to address access issues through the renovation of the facility, the construction of a new facility, or the relocation of programs to another facility, and such actions are not expected to be completed within the next 12 months, the plan shall specify the actions the City will take to provide access to the programs for persons with disabilities during the time period prior to completion of such actions, including the dates by which such actions will be taken.

The City will make the following modifications to the Blue Hills Recreation Center located at 9 Lebanon Street, within 9 years of the effective date of this Agreement:

A. Parking

i. The upper and lower parking lots have no parking designated as reserved for use by people with disabilities On the shortest accessible route to the accessible entrance, provide at least one van accessible space a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional AVan-Accessible@ sign located below the International Symbol of Accessibility. Standards '' 4.1.2(5)(b), 4.6, 4.30.7(1).

B. Exterior and Interior Entrance Doors

i. The exterior entrance door to the upper and lower levels and the interior doors throughout the lower level are inaccessible because they have knob hardware. Provide doors throughout the Center 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.

C. Directional Signage

i. There is no signage directing people with disabilities to the accessible entrance to the lower level recreation room or to the upper level recreation room. Provide accessible directional signage with the International Symbol of Accessibility at the parking lots= entrances indicating the location of the lower and first level accessible entrances. Standards '' 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

D. Drinking Fountains

i. All of the drinking fountains provided are inaccessible because they have twist type controls. Provide drinking fountains with controls mounted on or near the front edge that are operable with one hand, that require 5 lbf or less to operate, and that can be operated without tight grasping, pinching, or twisting of the wrist. Standards '' 4.15.4, 4.27.4.

ii. The lower drinking fountain located on the upper level has a spout that is 38 inches above the finished floor. Provide a fountain at this location that has a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet, and that otherwise complies with the Standards. Standards '' 4.15, 4.27.4, Fig. 27.

iii. Although a drinking fountain accessible to people who use wheelchairs is provided on the lower level, 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 Ahi-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).

E. Men=s Toilet Room located on the Upper Level