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