Attachment J

 

Altered Facilities

 

Please Note: Paragraph 49 of the Settlement Agreement requires that within one year of the effective date of this Agreement, the County 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.

 

In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the following actions:

 

A         It is agreed that in matters pertaining to accessible parking and the signage for same, the County may follow the New York State code requirements of providing all accessible spaces with a 96" access aisle, including the standard "Permit only - Handicapped Parking" sign with symbol, in lieu of providing the ADA prescribed 'Van Accessible' signage".

 

B          Within 24 months of the effective date of the Agreement, the County will complete the following modifications to the Hall of Justice, located at 89 Exchange Place, Rochester, New York:

 

1          Exterior Entrance and Doors

a. Upper Level

i The exterior entrance lacks directional signage at the inaccessible entrance directing users to the accessible entrance and the automatic door opener is in an inaccessible location.  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 and provide an automatic door operator or clear and level maneuvering clearance that complies fully with Fig. 25.  The automatic door opening device shall be placed so the user is not within the swing of the door when activating it. Standards §§ 4.1.3(8)(d), 4.1.3(16)(b), 4.1.6(1)(b), 4.13 Figs. 24, 25.  Provide an automatic door opener that is located on an accessible route to the door within applicable reach ranges.

 

b. Lower Level (Plymouth Avenue)

i The exterior entrance lacks directional signage at the inaccessible entrance directing users to the accessible entrance.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance.  Standards §§ 4.1.3(8)(d), 4.1.3(16)(b), 4.1.6(1)(b), 4.13, 4.30.

 

2          Building Signage

a. Some permanent rooms signs lack Braille and raised characters.  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 §§ 4.1.2(7), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

3          Telephones

a. The telephones lack accessible signage.  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 §§ 4.1.3(17), 4.1.6(1)(b), 4.31, 4.30.7(2).

 

4          North Ramp

a. The ramp lacks level landings at the change in ramp direction and the handrails on the ramp are inaccessible.  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; with level landings measuring at least 60 inches by 60 inches when the ramp changes direction; and edge protection that is at least 2 inches high at the drop off sides.  Provide handrails that are between 1¼ inches and 1½ inches in diameter such that the inside handrail is continuous and both handrails have 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; the handrails do not rotate within their fittings; and both 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.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.

 

5          South Ramp

a. The handrails on the ramp are inaccessible.  Provide handrails that are between 1¼ inches and 1½ inches in diameter such that the inside handrail is continuous and both handrails have 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; the handrails do not rotate within their fittings; and both 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.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.5.

 

6          2nd Floor Support Magistrate

a. The door to the magistrate support office requires 9 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

7          Support Magistrate Court- Room 201B

a. The room sign lacks 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 §§ 4.1.2(7), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

8          Men’s Toilet Room w/ Stalls- 1st Floor

a. The toilet paper dispenser is mounted above the grab bar.  Provide a toilet paper dispenser that is mounted with its top at least 1½ 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

9          Women’s Toilet Room w/ Stalls- 1st Floor

a. The door to the toilet room requires 10 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

b. The toilet paper dispenser is mounted above the grab bar.  Provide a toilet paper dispenser that is mounted with its top at least 1½ 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

10        Unisex Single User Toilet Room- 3rd Floor

a. The door to the toilet room requires 12 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

b. The sanitary napkin dispenser is mounted 48 inches above the finished floor and requires reach over an obstruction.  Provide a sanitary napkin 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 §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

c. The toilet paper dispenser is mounted above the grab bar, and is more than 36 inches from the rear wall.  Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6, Fig. 29(b).

 

11        Family Child Support- Room 262

a. The door to the family Child Support office requires 10 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

12        Drinking Fountains: Although on every floor, there are both high and low drinking fountains, there is no signage indicating their availability.  Provide accessible directional signage with the International Symbol of Accessibility directing users to the accessible drinking fountain,  Standards §§ 4.1.3(8)(d), 4.1.3(16)(b), 4.1.6(1)(b), 4.30.

 

C         Within 24 months of the effective date of the Agreement, the County will make the following modifications to the Ebenezer Watts Building, located at 47 South Fitzhugh Street:

 

1          Main Lobby Elevator (1)

a. The hall lanterns do not provide audible and visual arrival signals and are not centered at 72 inches or higher.  Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call.  Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say “up” or “down;” and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button.  Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.4, Fig. 20.

b. The elevator doors close 3 seconds after re-opening.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

c. The car position indicator does not ring as it passes or stops on floors.  Provide visual car position indicators above the car control panel or over the door to show the position of the elevator in the hoistway.  Ensure that indicators emit an audible and visual signal as the car passes or stops at a floor served by the elevator, with the corresponding floor designation being illuminated; and that numerals are a minimum of ½ inch high.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.13.

d. The emergency communication system requires voice communication.  Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device.  If the system uses a handset, ensure that the length of the cord from the panel to the handset is at least 29 inches.  If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.14.

 

2          Main Lobby Elevator (2)

a. The hall lanterns do not provide audible and visual arrival signals and are not centered at 72 inches or higher.  Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call.  Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say “up” or “down;” and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button.  Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.4, Fig. 20.

 

3          Resource Room- 7th Floor

a. There is no accessible route is blocked by moveable objects.  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 §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

b. The service counter is mounted 42 inches above the finished floor and equivalent facilitation is not provided.  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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

4          Filing- 5th Floor

a. The service counter is mounted 42 inches above the finished floor and equivalent facilitation is not provided.  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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3

 

5          Main Reception- 4th Floor           

a. The service counter is mounted 42 inches above the finished floor and equivalent facilitation is not provided.  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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3

 

6          Sheriff’s Reception

a. The service counter is mounted 42 inches above the finished floor and equivalent facilitation is not provided.  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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3

 

7          Women’s Toilet Room w/ Stalls- 2nd Floor

a. The paper towel dispenser is a protruding object that is not cane detectable and poses a hazard to people who are blind.  Provide a paper towel such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

8          Men’s Toilet Room w/ Stalls- 2nd Floor

a. The paper towel dispenser is a protruding object.  Provide a paper towel such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

b. The urinal does not have 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

 

9          Women’s Toilet Room w/ Stalls- 4th Floor

a. The paper towel dispenser is a protruding object. Provide a paper towel such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

b. No accessible coat hook has been provided.  Provide a coat hook 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 §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

10        Men’s Toilet Room w/ Stalls- 4th Floor

a. The urinal does not have 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

b. The paper towel dispenser is a protruding object.  Provide a paper towel such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

c. No accessible coat hook has been provided.  Provide a coat hook 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 §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

11        Women’s Toilet Room w/ Stalls- 3rd Floor

a. No accessible coat hook has been provided.  Provide a coat hook 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 §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

12        Men’s Toilet Room w/ Stalls- 3rd Floor

a. The urinal does not have 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

b. No accessible coat hook has been provided.  Provide a coat hook 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 §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

13        Women’s Toilet Room w/ Stalls- 6th Floor

a. The flush control valve is on the closed side.

b. The paper towel dispenser is a protruding object.  Provide a paper towel such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

c. No accessible coat hook has been provided.  Provide a coat hook 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 §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

14        Men’s Toilet Room w/ Stalls- 6th Floor

a. The flush control valve is on the closed side.  Provide a flush control mounted on the “open” 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

b. The paper towel dispenser is a protruding object.  Provide a paper towel such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

c. No accessible coat hook has been provided.  Provide a coat hook 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 §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

d. The urinal does not have 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

 

15        Women’s Toilet Room w/ Stalls- 5th Floor

a. The flush control valve is on the closed side.  Provide a flush control mounted on the “open” 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

b. The paper towel dispenser is a protruding object.  Provide a paper towel such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

c. No accessible coat hook has been provided.  Provide a coat hook 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 §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

16        Men’s Toilet Room w/ Stalls- 5th Floor

a. The flush control valve is on the closed side.  Provide a flush control mounted on the “open” 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

b. The paper towel dispenser is a protruding object.  Provide a paper towel such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

c. No accessible coat hook has been provided.  Provide a coat hook 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 §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

d. The urinal does not have 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

 

17        Women’s Toilet Room w/ Stalls- 8th Floor

a. The paper towel dispenser is a protruding object.  Provide a paper towel such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

b. The flush control valve is on the closed side.  Provide a flush control mounted on the “open” 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

 

18        Men’s Toilet Room w/ Stalls- 8th Floor

a. The paper towel dispenser is a protruding object.  Provide a paper towel such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

b. The flush control valve is on the closed side.  Provide a flush control mounted on the “open” 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

 

19        Women’s Toilet Room w/ Stalls- 7th Floor

a. The paper towel dispenser is a protruding object.  Provide a paper towel such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

b. The flush control valve is on the closed side.  Provide a flush control mounted on the “open” 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

 

20        Men’s Toilet Room w/ Stalls- 7th Floor

a. The flush control valve is on the closed side.  Provide a flush control mounted on the “open” 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

 

D         Within 24 months of the effective date of the Agreement, the County will make the following modifications to the Ebenezer Watts Conference Center, located at South Fitzhugh Street, Rochester, New York:

 

1          The exterior entrance lacks directional signage at the inaccessible entrance directing users to the accessible entrance.  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), 4.1.3(16)(b), 4.1.6(1)(b), 4.13, 4.30.

 

2          The pressure required to open doors throughout the building exceeds 5 pounds of force.  Except at fire doors, provide doors that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

3          In the men’s toilet room with stalls on the first floor, the lower 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

 

E          Within 24 months of the effective date of the Agreement, the County will make the following modifications to the Public Safety Plaza (Civic Center), located at 130 South Plymouth Avenue, Rochester, New York:

 

1          Currently, there is space in this facility that is vacant.  The County has advised the Department that it intends to renovate this facility.  Within 12 months of the effective date of this Agreement, the County will submit for review by the Department a complete design and construction documentation, including construction drawings, project manuals, and addenda for the renovation.  The Department will review the documentation for conformity to the Standards, and the County will correct any and all non-compliant elements indicated in the construction documents prior to the start of the renovation and will build in compliance with the approved designs.

 

2          The pressure required to open doors throughout the building exceeds 5 pounds of force.   Provide doors that require no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

            3            Exterior Entrance

a. The exterior entrance at the lower level garage entrance lacks directional signage at the inaccessible entrance directing users to the accessible entrance.  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), 4.1.3(16)(b), 4.1.6(1)(b), 4.13, 4.30.

b. The pressure required to open the interior door exceeds 5 pounds of force.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

2          Elevators

a. Garage Level - Street Level Entrance

i The elevator is inaccessible because the hall lanterns lack audible arrival signals and do not signal once for up and twice for down.  Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call.  Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say “up” or “down;” and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button.  Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.4, Fig. 20.

ii The elevator is inaccessible because the doors do not stay open at least 20 seconds.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

iii The elevator is inaccessible because the main entry floor call button is not designated by a raised star.  Provide hall (lobby) call buttons with visual signals indicating when each call is registered and when each call is answered.  Ensure that the call buttons are centered at 42 inches above the finished floor, a minimum of ¾ inch in the smallest dimension, with the button designating the up direction on top; that the call buttons are raised or flush; and that objects mounted beneath hall call buttons do not project into the elevator lobby more than 4 inches.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.3, Fig. 20.

iv The elevator is inaccessible because the elevator position indicator does not illuminate or ring as the car passes/stops at floors. Provide visual car position indicators above the car control panel or over the door to show the position of the elevator in the hoistway.  Ensure that indicators emit an audible and visual signal as the car passes or stops at a floor served by the elevator, with the corresponding floor designation being illuminated; and that numerals are a minimum of ½ inch high.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.13.

v The elevator is inaccessible because the emergency communications systems is not identified by raised lettering.  Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device.  If the system uses a handset, ensure that the length of the cord from the panel to the handset is at least 29 inches.  If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.14.

b. Lower Level Entrance

i The elevator is inaccessible because the hall lanterns lack audible and visual hall arrival signals and do not signal once for up and twice for down.  Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call.  Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say “up” or “down;” and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button.  Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.4, Fig. 20.

ii The elevator is inaccessible because the car control buttons lack Braille, raised characters to the left of the buttons; the main entry floor call button is not designated by a raised star and the floor buttons do not have visual indicators to register a call.  Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols.  Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.12, Fig. 23.

 

3          Drinking Fountain (Plaza Level)

a. Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping.  For each accessible drinking fountain, 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), 4.1.6(1)(b).

 

4          Toilet Rooms

a. Unisex, Single-User Toilet Room (Plaza Level)

i The County represents that it is in the process of renovating this toilet room.  The County will immediately 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 toilet room 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.

ii There is no signage directing people with disabilities to the accessible toilet rooms.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms.  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.

iii The toilet room lacks an accessible sign.  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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

iv The pressure required to open the door is 15 pounds of force.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

v The door to the toilet room swings into the clear floor space of the lavatory.  Ensure that no door swings into the required clear floor space at any accessible fixture.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.2.

vi 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

vii The toilet flush control valve is on the closed side.  Provide a flush control mounted on the “open” 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.27.4.

 

E.         Within 12 months of the effective date of the Agreement, the County will make the following modifications to the Crime Victims Center, located at 244 South Plymouth Avenue, Rochester, New York:

            1.            Parking                       

a. The standard parking space reserved for use by persons with disabilities is not level.  Provide designated accessible parking spaces and access aisles that are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, with surfaces that are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.3.6, 4.5.1, 4.6.3.

 

2          Exterior Entrance and Doors

a. The building is inaccessible because the exterior entrance lacks directional signage at the inaccessible entrance directing users to the accessible entrance and the signage at the accessible entrance lacks the International Symbol of Accessibility.  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), 4.1.3(16)(b), 4.1.6(1)(b), 4.13, 4.30.

 

3          Permanent Room Signage

a. The toilet rooms are inaccessible because they lack accessible permanent room signage.

 

4          Ramp

a. The ramp is inaccessible because it lacks handrail extensions and returns.  Provide handrails that are between 1¼ inches and 1½ inches in diameter such that the inside handrail is continuous and both handrails have 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; the handrails do not rotate within their fittings; and both 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.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.5.

 

5          Unisex, Single-User Toilet Room- 1st Floor

a. The toilet room is inaccessible because it lacks accessible signage.  Provide a toilet room sign with 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.

b. The toilet room is inaccessible because the door swings into the clear floor space required to use  the toilet.  Ensure that no door swings into the required clear floor space at any accessible fixture.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.2.

c. The toilet paper dispenser is mounted above the grab bar and is 43 inches from the rear wall.  Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6, Fig. 29(b).

 

F.         Within 24 months of the effective date of this Agreement, the County will complete the following modifications to the County Office Building, located at 39 West Main Street, Rochester, New York:

 

            1.            Accessible Route

a. The duct in the basement (County clerk office) is 56 inches above the finished floor, extends 22 inches into the path of travel and is, therefore, is a protruding object that is a hazard to persons who are blind.  Provide a mechanism that makes this duct cane detectible such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

b. The stairways are a hazard to people who are blind because they lack required headroom.  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 a mechanism that makes this duct cane detectible such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

2          Entrance (altered element)

a. The push button on the automatic door opener requires 10 pounds of force to operate.  Provide an automatic door opener push button that requires no more than 5 pounds of force to operate.  Standards §§ 4.13.12.

 

3          Building-Wide Issues

a. Signage

i The permanent room number signs lack raised and Braille and are not mounted 60 inches above the finished floor on the latch side of the door.  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 §§ 4.1.2(7), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6. characters.

 

4          Telephones

a. The public payphones are not accessible to persons who use wheelchairs; the highest operable part is 56 inches; lacks volume control; and the length of the cord is 23 inches.  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 §§ 4.1.3(17), 4.1.6(1)(b), 4.31, 4.30.7(2).

b. Although there are 3 public telephones provided, a TTY is not provided.  Provide at least one accessible public TTY with appropriate signage.  Standards §§ 4.1.3(17)(c), 4.1.6(1)(b), 4.30.7(3), 4.31.9.

c. The bottom edge of the public telephones is more than 27 inches above the finished floor, extends more than 4 inches into the path of travel and is, therefore, a protruding object.  Provide a public telephones at this location such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

5          Elevator

a. The elevator is inaccessible because the doors close 3 seconds after re-opening.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 23 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

           

            6            Drinking Fountains                       

                        a.            Basement

i The drinking fountain is not detectable to a blind person using a cane.  Provide a high drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.The drinking fountain is a protruding object.