Attachment
K: Program Access in Existing Facilities
Please Note:
Paragraph 39 of this Agreement requires that within nine 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@ 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 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 persons with mobility
impairments, the City will take the following actions:
3.
Within 24
months of the effective date of this Agreement, unless otherwise specifically
noted, the City will complete the following modifications to the Administrative
Building, located at 125 Ellison Street.
a.
Entrance
i.
There are seven
steps up to the entrance, making it inaccessible to persons using
wheelchairs. Within 3 months of the
effective date of this agreement, establish a procedure for providing access to
the programs and activities conducted in this area, or install a ramp or
platform lift in compliance with the Standards. Any procedure shall not require lifting
or carrying persons with mobility impairments or require them to traverse
unnecessary or extreme distances.
Standards '' 4.33.5, 4.3.8, 4.8,
4.11.
ii.
The entrance
door is inaccessible because there is an unbeveled change in level at the
threshold to the door that is greater than 2 inch.
Within 3 months of the effective date of this agreement, establish a
procedure for providing access to the programs and activities conducted in this
area, or provide an accessible door with a threshold that is no greater than
3 inch, or is no greater than 2 inch and is beveled with a slope no greater
than 1:2. Standards '' 4.13.8, 4.5.2.
b.
Access Among
Levels. The building=s different levels are not all connected by
ramps, lifts, or an accessible elevator, making it inaccessible to persons using
wheelchairs. The existing elevator
is inaccessible to people who use wheelchairs because it cannot be accessed
without ascending four steps.
Within 3 months of the effective date of this agreement, establish a
procedure for providing access to the programs and activities conducted in upper
levels of the facility, or install ramps and platform lifts in compliance with
the Standards and make the existing elevator accessible to people who use
wheelchairs. Any procedure shall
not require lifting or carrying persons with mobility impairments or require
them to traverse unnecessary or extreme distances. Standards '' 4.33.5, 4.3.8, 4.8,
4.11.
1st Floor
c.
Unisex Toilet
Room - first of two, near break room
i.
The door to the
break room, which leads to the toilet room, 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.
There is no
accessible sign provided. 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.
iii.
The entrance to
the toilet room is inaccessible because it has an opening width of only 26
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 door to the
toilet stall is inaccessible because it has an opening width of only 27 inches
and the door hardware requires twisting.
Provide a door with a clear opening 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.
v.
The light
switch is inaccessible because it is mounted 57 inches above the finished
floor. Provide a light switch no
higher than 48 inches above the finished floor 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.
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
' 4.19.6.
vii.
The turning
space is insufficient because it is 24 inches by 59 inches. 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 paper towel
dispenser is inaccessible because the controls are mounted 54 inches above the
finished floor and 21 inches over the lavatory. 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.
ix.
The lavatory is
inaccessible because there is not adequate knee or 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.
x.
The toilet is
inaccessible because the flush control is on the closed side of the toilet. 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 '' 4.16.5, 4.17.2,
4.27.4.
xi.
There is no
rear grab bar 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; 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 '' 4.17.6, 4.26.2, Fig.
30(a).
xii.
There is no
side grab bar. Provide 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; 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 the toilet paper dispenser. Standards '' 4.17.6, 4.26.2, Fig.
30(a).
d.
Unisex Toilet
Room - 2nd of two near break room
i.
There is no
accessible sign provided. 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 entrance to
the toilet room is inaccessible because it has an opening width of 26
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 entrance
door is inaccessible because it has an opening width of 23 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 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.
v.
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.
vi.
The light
switch is inaccessible because it is mounted 57 inches above the finished
floor. Provide a light switch no
higher than 48 inches above the finished floor 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.
vii.
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.
viii.
The toilet seat
cover dispenser is inaccessible because the controls are mounted 67 inches above
the finished floor. Provide a seat
cover 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.
ix.
The lavatory is
inaccessible because its clear floor space measures 23 inches by 30 inches. Provide a lavatory with clear floor
space at least 30 inches wide and 48 inches deep centered on the lavatory. Standards ' 4.19.3, Fig. 32.
x.
The toilet is
inaccessible because its centerline measures 15 inches from the side wall. Provide a toilet with a centerline that
measures 18 inches from the near side wall. Standards ' 4.17.3, Fig. 30.
[1]
xi.
The toilet is
inaccessible because the flush control is on the closed side of the toilet. 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 '' 4.16.5, 4.17.2,
4.27.4.
xii.
There is no
rear grab bar 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; 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 '' 4.17.6, 4.26.2, Fig.
30(a).
xiii.
There is no
side grab bar. Provide 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; 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 the toilet paper dispenser. Standards '' 4.17.6, 4.26.2, Fig.
30(a).
e.
Department of
Human Services. There are four
steps up to this area, making it inaccessible to persons using wheelchairs. Establish a procedure for providing
access to this area or install a ramp or platform lift in compliance with the
Standards. Any procedure shall not
require lifting or carrying persons with mobility impairments or require them to
traverse unnecessary or extreme distances.
Standards '' 4.33.5, 4.3.8, 4.8,
4.11.
2nd Floor
f.
Community
Development
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 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).
g.
Section 8
Office
i.
The ramp to the
office is inaccessible because it has a 14 degree slope as well as a cross slope
of 10 degrees. Provide a ramp that
is at least 36 inches wide with a slope not exceeding 4.76 degrees (or steeper
than 1:12) and a cross slope not exceeding 1.15 degrees (or steeper than 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 13 inches and 12 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.
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 door is
inaccessible because it has 7 inches of pull side clearance. 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(c).
3rd Floor
h.
Women=s Toilet Room (stalls)
i.
The toilet room
contains a number of inaccessible elements and is not accessible to people with
disabilities. 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.
i.
Division of
Housing, Home Advice 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 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).
j.
Division of
Housing, Conference Room
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 entrance
door is inaccessible because it has an opening width of only 28 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.
4th Floor
k.
Men=s Toilet Room
i.
The toilet room
contains a number of inaccessible elements and is not accessible to people with
disabilities. 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.
l.
Division of
Housing, Office - 4th Floor
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.
m.
Division of
Housing, Room 409
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.
n.
Division of
Housing, Room 408
i.
The hallway
leading to Paterson Pride is inaccessible because there are shelves that
protrude into the main walkway that 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 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.
4.
Within 12
months of the effective date of this Agreement, the City will complete the
following modifications to Animal Control, located at 41 Kyle
Road.
a.
Parking
i.
The parking lot
is inaccessible because there are no access aisles. At each standard accessible space,
provide an access aisle at least 60 inches wide. At each van accessible space, provide an
access aisles at least 96 inches wide.
Ensure that all access aisles are flat and level, with slopes and
cross-slopes not exceeding 1:50 in all directions, and that their surfaces are
firm, stable, and slip-resistant.
Standards '' 4.1.2(5), 4.6.3, Fig.
9.
ii.
The parking
reserved for persons with disabilities lacks required 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 AVan-Accessible@ sign located below the International Symbol
of Accessibility. Standards
'' 4.6.4, 4.30.7(1).
b.
Entrance
i.
The ramp is
inaccessible because the slope measures between 9.4% and 9.9%, and there are no
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 13 inches and 12 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.
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.
5.
Within 12
months of the effective date of this Agreement, the City will complete the
following modifications to the Paterson Small Business Development Center,
located at 131 Ellison Street.
a.
Exterior
Entrance
i.
The
2nd entrance door in a series is inaccessible because there is a
: inch change in level at the threshold to the
door. Provide an accessible door
with a threshold that is no greater than 3 inch, or is no greater than 2 inch and is beveled with a slope no greater
than 1:2. Standards '' 4.13.8, 4.5.2.
ii.
The entrance
vestibule is 32 inches deep.
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. Ensure that doors in series
swing either in the same direction or away from the space between the
doors. Standards ' 4.13.7, Fig. 26.
b.
Counter
i.
The service
counter is 42 inches high. 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).
c.
Unisex toilet
room
i.
There is no
accessible sign provided. 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 doors to
the toilet room 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.
iii.
The route to
the toilet room is inaccessible because it is only 22 inches wide beside the
copier and facsimile machine.
Provide an accessible route with a minimum clear width of 36 inches,
except at doors, where the width may decrease to 32 inches. Standards '' 4.3.3, 4.13.5.
iv. &n