Attachment J – Alterations

 

Please Note: Paragraph 37 of the Settlement Agreement requires that within 12 months of the effective date of this Agreement, the County will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

 

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

 

1.         Within 24 months of the effective date of the Agreement, the County will complete the following modifications to the County Courthouse – Duluth, 100 North 5th Ave West, Duluth, MN:

 

a.         It is noted that most of the County Courthouse – Duluth was constructed before, and has not been altered since, the effective date of the ADA.  The Civil Service Personnel offices, as well as the Law Department’s 5th floor offices, were altered since the effective date of the ADA.

 

b.         Parking lot

 

i. The parking reserved for persons with disabilities is inaccessible because six out of the seven standard access aisles have a width of only 50 inches.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  An access aisle may be shared by two accessible parking spaces.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.3, Fig.9.

 

ii. The signage designating parking as reserved for persons with disabilities is too low.  At each space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.4, 4.30.7(1).

 

iii. The van accessible parking space is inaccessible because the multi-floor garage has a vertical clearance of 90 inches.  Provide a minimum vertical clearance of 98 inches at designated van accessible parking spaces and along at least one vehicle access route to such spaces from site entrances and exits.  If a van-accessible space is provided at an alternate location, ensure that this space is on the closest possible accessible route of travel, and provide signage directing persons with disabilities to this parking space location.  Standards §§ 4.1.2(5)(b), 4.1.6(1)(b), 4.6.5.

 

c.         Routes of travel throughout Courthouse

 

i. Change machine on the ground floor – The route from the ground level entrance to the stairway is inaccessible because the wall-mounted change dispenser protrudes into the route and is not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

ii. Tunnel to City Hall – The tunnel route from the County Courthouse to Duluth City Hall has a slope ranging from 5.5 to 6.3 degrees, is more than 100 feet long without level landings at the top, bottom, or center, and has no handrails.  Provide signage directing people with disabilities to the nearest accessible route of travel to the Duluth City Hall.  Standards §§ 4.1.3(8), 4.1.6(1)(b), 4.13, 4.30.

 

iii. Civil Service Personnel Offices – The route from the lower level to the upper level of the Civil Service Personnel offices is inaccessible because the upper level is accessed only via a stairway.  The County will continue to provide services upon request to the general public at the accessible lower level of the Civil Service Personnel offices.

 

d.         Signage – Many permanent room signs throughout the Courthouse are inaccessible because they lack raised and Braille 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.

 

e.         Pay Telephones – The pay telephone on the 1st floor has its highest operable part at 55 inches above the finished floor, and does not have appropriate signage.  Provide an accessible telephone at this location 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).

 

f.          Elevators

 

i. 2nd Street Side – The elevator is inaccessible because it does not signal twice for down, and hoistway signs are centered at 43 inches above the finished floor.  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.  Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10, Figs. 20, 21.

 

ii. 1st Street Side – The elevator bank is inaccessible because hoistway signs are centered at 43 inches above the finished floor.  Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10, Figs. 20, 21.

 

g.         Drinking Fountains

 

i. Ground floor – Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping.  Provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.1.3(10)(a), 4.1.6(1)(b).

 

h.         Offices and Counters

 

i. Property Management Office, Room 50, Mezzanine Level – The entrance door is inaccessible because the pressure required to open the door is 7 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

ii. Sheriff’s Office, Rooms 103 / 105, 1st Floor –

 

(1) The entrance door is inaccessible because the pressure required to open the door is 10 pounds, and knob hardware is used.  Provide a door that requires no more than 5 pounds of force to open, and 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 §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.9, 4.13.11(2)(b).

 

(2) The information counter at the Sheriff’s Office is inaccessible because its surface is 42 ½ 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

iii. Moving Violations Office, Room 109, 1st Floor – The entrance 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 §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

iv. County Auditor Accounting Division Office, Room 201, 2nd Floor – The information counter at the County Auditor Accounting Division Office is inaccessible because its surface is 40 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

v. County Administrator Office, Room 202, 2nd Floor – The information counter at the County Administrator Office is inaccessible because its surface is 40 ½ 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

vi. County Assessor’s Office, Room 212, 2nd Floor – The information counter at the County Assessor’s Office is inaccessible because its surface is 48 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

vii. County Auditor Services Office, Room 214, 2nd Floor – The information counter at the County Auditor Services Office is inaccessible because its surface is 41 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

viii. County Attorney’s Office, 5th floor – The information counter at the County Attorney's Office is inaccessible because its surface is 40 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

i.          Courtrooms and Assembly Areas

 

i. Arraignment Courtroom – 1st Floor (existing element)

 

(1) The door to the arraignment courtroom is inaccessible because a single leaf has an opening width of only 25 inches, and it has knob hardware.  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.  In addition, 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.  Alternatively, an automatic door opener may be used.  Standards §§ 4.1.3(7)(b), 4.13.5 and Fig. 24, 4.13.9.

 

(2) The route to the defendant area is inaccessible because the gate is only 30 inches wide.  Provide an accessible route to the defendant area with a minimum clear width of 36 inches, except at doors and gates, where the width may decrease to 32 inches.  Standards §§ 4.1.3(1), 4.3.3, 4.13.5.

 

(3) The arraignment courtroom containing fixed seating for 45 individuals is inaccessible because it has no wheelchair seating areas.  Provide at least 2 wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.5, 4.33.

 

ii. County Board Room – Room 200, 2nd Floor (existing element)

 

(1) The door to the County Board Room is inaccessible because a single leaf has an opening width of only 25 inches, and it has knob hardware.  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.  In addition, 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.  Alternatively, an automatic door opener may be used, or the doors will be propped open during sessions.  Standards §§ 4.1.3(7)(b), 4.13.5 and Fig. 24, 4.13.9.

 

(2) The County Board Room containing bench seating for approximately 72 individuals is inaccessible because it has no wheelchair seating areas.  Provide at least 4 wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.5, 4.33.

 

iii. County Commissioners Conference Room – 2nd Floor (existing element)

 

(1) 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.

 

iv. Juvenile Court (Courtroom # 2) – 3rd Floor (existing element)

 

(1) The door to Courtroom # 2 (3rd floor) is inaccessible because a single leaf has an opening width of only 25 inches, and it has knob hardware.  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.  In addition, 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.  Alternatively, an automatic door opener may be used or a different, accessible route may be used.  Standards §§ 4.1.3(7)(b), 4.13.5 and Fig. 24, 4.13.9.

 

v. Other Courtrooms – the County shall select and make two out of the following courtrooms, including entrance doors, jury deliberation rooms, and jury toilet rooms, accessible to persons with disabilities: courtrooms #1, 2, and 3 on the first floor; probation courtroom on the 3rd floor; and courtrooms #1, 2, 3, and 4 on the 4th floor.  At least one courtroom to be made accessible shall include a jury deliberation room and jury toilet rooms.  For these courtrooms not selected to be made accessible, the County shall begin to provide court proceedings at an accessible courtroom upon request by persons with disabilities (including parties to a suit, attorneys, witnesses, spectators, and other interested parties).  In the event that these courtrooms not selected to be made accessible are modified in the future, each modified courtrooms and associated jury rooms and toilet rooms shall be made accessible.

 

(1) Courtroom # 1 – 1st Floor (existing element)

 

(a) The door to Courtroom # 1 (1st floor) is inaccessible because a single leaf has an opening width of only 29 inches, and it has knob hardware.  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.  In addition, 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.  Alternatively, an automatic door opener may be used.  Standards §§ 4.1.3(7)(b), 4.13.5 and Fig. 24, 4.13.9.

 

(b) The jury box is inaccessible because there are steps leading to this area.  Provide a ramp or platform lift in compliance with the Standards or establish a procedure for providing access to this area.  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.

 

(c) Courtroom # 1 containing bench seating for approximately 45 individuals is inaccessible because it has no wheelchair seating areas.  Provide at least 2 wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.5, 4.33.

 

(d) The route to the jury room is inaccessible because the doorway is only 29 inches wide.  In addition, the door contains knob hardware.  Provide an accessible route to the jury room with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  In addition, 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 §§ 4.1.3(1), 4.1.3(7)(b), 4.3.3, 4.13.5, 4.13.9.

 

(e) Jury room men’s and women’s single-user toilet rooms – these single user toilet rooms contain a number of inaccessible elements and is not accessible to people with disabilities.  Provide an accessible toilet room for each gender such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

 

(2) Courtroom # 2 – 1st Floor (existing element)

 

(a) The door to Courtroom # 2 (1st floor) is inaccessible because a single leaf has an opening width of only 25 inches, and it has knob hardware.  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.  In addition, 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.  Alternatively, an automatic door opener may be used.  Standards §§ 4.1.3(7)(b), 4.13.5 and Fig. 24, 4.13.9.

 

(b) The jury box is inaccessible because there are steps leading to this area.  Provide a ramp or platform lift in compliance with the Standards or establish a procedure for providing access to this area.  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.

 

(c) Courtroom # 2 containing fixed seating for 50 individuals is inaccessible because it has no wheelchair seating areas.  Provide at least 2 wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.5, 4.33.

 

(d) The route to the jury room is inaccessible because the doorway is only 29 inches wide.  In addition, the door contains knob hardware.  Provide an accessible route to the jury room with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  In addition, 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 §§ 4.1.3(1), 4.1.3(7)(b), 4.3.3, 4.13.5, 4.13.9.

 

(e) Jury room men’s and women’s single-user toilet rooms – these single user toilet rooms contain a number of inaccessible elements and is not accessible to people with disabilities.  Provide an accessible toilet room for each gender such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

 

(3) Courtroom # 3 – 1st Floor (existing element)

 

(a) The door to Courtroom # 3 (1st floor) is inaccessible because a single leaf has an opening width of only 25 inches, and it has knob hardware.  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.  In addition, 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.  Alternatively, an automatic door opener may be used.  Standards §§ 4.1.3(7)(b), 4.13.5 and Fig. 24, 4.13.9.

 

(4) Probation Court – 3rd floor (existing element)

 

(a) The door to the Probation Court is inaccessible because a single door leaf has an opening width of only 28 inches, and it has knob hardware.  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.  In addition, 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.  Alternatively, an automatic door opener may be used.  Standards §§ 4.1.3(7)(b), 4.13.5 and Fig. 24, 4.13.9.

 

(b) The door to the jury deliberation 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.

 

(c) The Probation Court containing bench seating for approximately 50 individuals is inaccessible because it has no wheelchair seating areas.  Provide at least 2 wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.5, 4.33.

 

(5) Courtrooms # 1 and # 4 – 4th Floor (existing element)

 

(a) The doors to Courtrooms # 1 and # 4 (4th floor) are inaccessible because a single leaf has an opening width of only 25 inches, and the doors have knob hardware.  Provide a door to each of these courtrooms with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  In addition, 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.  Alternatively, an automatic door opener may be used.  Standards §§ 4.1.3(7)(b), 4.13.5 and Fig. 24, 4.13.9.

 

(b) The jury boxes are inaccessible because there are steps leading to these areas.  Provide a ramp or platform lift in compliance with the Standards or establish a procedure for providing access to this area.  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.

 

(c) Courtrooms # 1 and # 4 jury room men’s and women’s single-user toilet rooms – these single user toilet rooms contain a number of inaccessible elements and is not accessible to people with disabilities.  Provide an accessible toilet room for each courtroom such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

 

(6) Courtrooms # 2 and # 3 – 4th Floor (existing elements)

 

(a) The doors to Courtrooms # 2 and # 3 (4th floor) are inaccessible because a single leaf has an opening width of only 25 inches, and these doors have knob hardware.  Provide a door to each of these courtrooms with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  In addition, 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.  Alternatively, an automatic door opener may be used.  Standards §§ 4.1.3(7)(b), 4.13.5 and Fig. 24, 4.13.9.

 

(b) Both courtrooms containing bench seating for approximately 40 individuals each are inaccessible because they have no wheelchair seating areas.  Provide at least 2 wheelchair seating areas in each courtroom, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.5, 4.33.

 

(c) Courtrooms # 2 and # 3 jury room men’s and women’s single-user toilet rooms – these single user toilet rooms contain a number of inaccessible elements and is not accessible to people with disabilities.  Provide an accessible toilet room for each courtroom such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

 

j.          Law Library – 5th Floor – The book stacks are inaccessible because the space between stacks is only 30 inches.  The County will continue to provide access, including having staff provide assistance upon request.

 

k.         Holding cells area on the 1st floor

 

i. Toilet facilities – The toilet areas of the holding cells contain a number of inaccessible elements and are not accessible to people with disabilities.  Provide an accessible holding cell and toilet area such that all of the room’s elements, including door, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.[1]

 

l.          Toilet Rooms with Stalls

 

i. Ground Floor Men’s and Women’s Toilet Rooms with Stalls

 

(1) These toilet rooms are inaccessible.  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.

 

ii. 1st Floor Men’s Toilet Room with Stalls

 

(1) The toilet room sign is mounted on the door and has a centerline at 56 inches above the finished floor.  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.

 

(2) The entrance door, which is accessed through a front approach, is inaccessible because it has only 8 inches of clearance on the pull side of the door.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Alternatively, provide an automatic door opener at this location.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

 

(3) 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.

 

(4) The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

 

(5) 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.

 

(6) The side grab bar at the toilet is inaccessible because its length is 32 inches.  Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Figs. 30(a), (d).

 

iii. 1st Floor Women’s Toilet Room with Stalls

 

(1) Signage – The toilet room sign is mounted on the door and has a centerline at 57 inches above the finished floor.  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.

 

(2) The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

 

(3) The toilet is inaccessible because there is insufficient clear floor space.  Provide clear floor space that complies with Fig. 30 at the toilet.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30.

 

(4) 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.

 

(5) The side grab bar at the toilet is inaccessible because its length is 32 inches.  Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Figs. 30(a), (d).

 

(6) The rear grab bar at the toilet is inaccessible because its length is 32 inches.  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.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Fig. 30.

 

iv. 2nd Floor Women’s Toilet Room with Stalls

 

(1) This toilet room is inaccessible.  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.

 

v. 3rd Floor Men’s Toilet Room with Stalls

 

(1) The route through the toilet room is inaccessible because the wall-mounted paper towel dispenser protrudes into the route and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

vi. 3rd Floor Women’s Toilet Room with Stalls

 

(1) The route through the toilet room is inaccessible because the wall-mounted paper towel dispenser protrudes into the route and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

vii. 4th Floor Men’s and Women’s Toilet Rooms with Stalls

 

(1) These toilet rooms are inaccessible.  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.

 

viii. 5th Floor Men’s and Women’s Toilet Rooms with Stalls

 

(1) These toilet rooms are inaccessible.  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.

 

 

2.         Within 24 months of the effective date of the Agreement, the County will complete the following modifications to The Depot, 506 West Michigan St., Duluth, MN:

 

a.         Although the Depot is leased out to the St. Louis County Heritage and Arts Center, the County continues to pay for improvements and maintenance of the exterior areas and all common areas (including public toilet rooms) of the facility.  The Playhouse, classrooms, and museum are leased to and operated by private organizations.  It is further noted that the Playhouse and dressing room areas have not been altered since the effective date of the Americans with Disabilities Act.

 

b.         External route to Playhouse backstage: This entrance is inaccessible because there is a two inch change in level at the threshold to the door with broken, sloped pavement within the doorway’s required maneuvering clearance.  Provide an accessible door with a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2.  In addition, provide a door so that the floor or ground area within the required clearances is level and clear.  Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.6, 4.13.8, 4.5.2, Fig. 25.

 

c.         Ramp from Playhouse to Museum – The ramp is inaccessible because the handrails do not have 12 inch extensions at the top and bottom of the ramp.  Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.8.5.

 

d.         1st floor drinking fountain – Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping.  Provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.1.3(10)(a), 4.1.6(1)(b).

 

e.         Playhouse (existing element): the County shall make the following modifications within the time frame set forth above.  Alternatively, within three months of the effective date of the Agreement, the County will implement and report to the Department its written plan regarding how the program, activity, or service provided at the Playhouse, including dressing rooms and associated toilet and shower rooms, will be made accessible to persons with disabilities:

 

i. Wheelchair seating areas – The Playhouse containing 280 seats is inaccessible because it only has 2 wheelchair seating areas, these areas are 24 inches deep and 54 inches wide, and they are not on an accessible route of travel from the entrance.  Provide 4 wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of admission prices and lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.5, 4.33.

 

ii. Dressing Room Men’s and Women’s Toilet Rooms with Stalls and Showers (existing elements)

 

(1) These toilet rooms contain a number of inaccessible elements and are not accessible to people with disabilities.  Provide an accessible toilet room(s) such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, stall size and arrangement, stall door, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.18, 4.19, 4.26, 4.27, 4.30, Fig. 30.

 

(2) The showers contain a number of inaccessible elements and are not accessible to people with disabilities.  Provide a shower in each room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards § 4.21, Figs. 35, 36, 37.

 

f.          Toilet Rooms with Stalls

 

i. 1st Floor Men’s and Women’s Toilet Rooms with Stalls

 

(1) These toilet rooms are inaccessible.  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.

 

ii. 3rd Floor Men’s Toilet Room with Stalls

 

(1) The toilet room sign is mounted on the door.  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.

 

(2) The baby changing unit is inaccessible because the controls are mounted at 56 inches above the finished floor.  Provide a baby change unit with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

iii. 3rd Floor Women’s Toilet Room with Stalls

 

(1) The toilet room sign is mounted on the door.  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.

 

(2) The baby changing station is inaccessible because the controls are mounted over an obstruction – i.e., the weight scale.  Provide a baby change station 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.

 

(3) 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.

 

(4) The toilet is inaccessible because its centerline is 19 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30.

 

 

3.         Within 24 months of the effective date of the Agreement unless otherwise indicated, the County will complete the following modifications to the Chris Jensen Health and Rehabilitation Center, 2501 Rice Lake Road, Duluth, MN

 

a.         It is noted that most of the Chris Jensen Health and Rehabilitation Center was constructed before, and has not been altered since, the effective date of the ADA.  Portions of the Willow area was altered after the ADA’s effective date – specifically, the eating, nurses, medical, and staff areas.  The resident’s rooms and attached toilet rooms were not altered since the effective date of the ADA, except for carpeting and painting.

 

b.         Parking Lots

 

i. Lower level parking lot – Although the parking lot has a total of 75 parking spaces, an inadequate number are designated as reserved for people with disabilities.  The two designated accessible parking spaces do not have access aisles, and signage can be obstructed by a vehicle parked in these spaces.  In addition, no parking space is designated as being van-accessible.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 2 standard spaces designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

 

ii. Upper level parking lot – Although the parking lot has approximately 100 parking spaces, the five spaces designated as reserved for people with disabilities do not have access aisles, and signage can be obstructed by a vehicle parked in these spaces.  In addition, no parking space is designated as being van-accessible.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 4 standard spaces designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

 

c.         Routes of travel throughout the Chris Jensen facility

 

i. 1st and 2nd floor “comment boxes” – The routes near the central elevators on the 1st and 2nd floors are inaccessible because the wall-mounted “comment boxes” protrude into the routes and would not be detectable to a blind person using a cane.  Provide an accessible route at these locations 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. Birch area courtyard – there is a 2 inch step near the courtyard entrance to the Birch area cafeteria.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

d.         Central elevator bank (two elevators)

 

i. The elevator bank is inaccessible because the hall call buttons are centered at 40 inches above the finished floor.  Ensure that the call buttons are centered at 42 inches above the finished floor.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.3, Fig. 20.

 

ii. The elevator bank is inaccessible because hoistway signage is provided on only one door jamb.  Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.5, Fig. 20.

 

iii. The elevator bank is inaccessible because the main entry floor button on the car control panel is not designated by a raised star.  Ensure that the car control button for the main entry floor is designated by a raised star at the left of the floor designation.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.12, Fig. 23.

 

iv. The elevator bank is inaccessible because the car position does not ring as the car passes or stops on floors.  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.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.13.

 

v. The elevator is inaccessible because, although emergency communications are provided, the system is not identified by raised symbol and lettering, the control box door is not operable without tight grasping or pinching, and the system does not work without 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.

 

e.         Ground level and 2nd floor drinking fountains – these wall-mounted drinking fountains are inaccessible because their knee space is 25 inches high, and there is no access for people who have trouble bending or stooping.  Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward.  Alternatively, a cup dispenser may be used.  In addition, 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), 4.1.6(1)(b), 4.15.5(1), Figs. 27(a), (b).

 

f.          Willow area unisex single-user visitors toilet room (altered element)

 

i. The toilet room sign is inaccessible.  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.

 

ii. The toilet room entrance door is inaccessible because the pressure required to open the door is greater than 5 pounds.  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).

 

iii. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.1, 4.28.3.

 

iv. 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.

 

v. The soap dispenser is inaccessible because the controls are mounted at 51 inches above the finished floor and a forward reach is required.  Provide a soap dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

vi. The paper towel dispenser is inaccessible because the controls are mounted at 61 inches above the finished floor.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

vii. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

 

viii. The toilet is inaccessible because its height to the top of the seat is 15 ½ inches from the finished floor, its centerline is 19 inches from the near side wall, the toilet paper dispenser is 40 inches from the rear wall, its flush control is on the closed end, and there are no accessible grab bars.  Provide a toilet with a centerline that is 18 inches from the near side wall; a seat that is between17 and 19 inches above the finished floor; clear floor space at the toilet that complies with Fig. 28; and a flush control mounted on the “open” side of the toilet’s clear floor space.  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.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bars and the wall; and at least 1½ inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.2, 4.16.3, 4.16.4, 4.16.5, 4.16.6, 4.26.2, Figs. 28, 29.

 

g.         Typical Resident’s Areas

 

i. Typical Resident’s Toilet Room in existing areas –  The toilet room in each typical resident’s room in all areas is inaccessible.  Within six months of the effective date of this Agreement, the County will implement and report to the Department its written plan regarding how the program, activity, or service will be made accessible to persons with disabilities.  This plan shall also require that, in the event that resident rooms with toilet rooms are modified in the future, all modified resident rooms with toilet rooms shall be made accessible until 50% of resident rooms with toilet rooms throughout the entire facility is accessible.

 

ii. Specifically, the Plan shall include the following for each Resident’s Toilet Room required to be made accessible:

 

(1) 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

(2) 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.

 

(3) The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards § 4.19.4.

 

(4) There are no accessible grab bars at the toilet.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bars and the wall; and at least 1½ inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser.  Standards §§ 4.16.4, 4.26.2, Fig. 29.

 

iii. Typical shower facility for unassisted use by residents (e.g., Spruce area – existing element): In each area, the shower designated for unassisted use is inaccessible because the grab bar is mounted at 52 inches above the finished floor, and the controls are not usable without tight grasping, pinching and wrist twisting.  Ensure that the shower has grab bars, controls, a shower spray unit, and a curb and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards § 4.21, Figs. 35, 36, 37.

 

h.         Public Toilet Rooms (other than Willow):  The following toilet rooms are open to and used by the public.  The County shall select and provide at least one set of toilet rooms, or create an accessible unisex toilet room, in each wing and / or general area throughout the facility.  At all other toilet rooms not selected to be made accessible, the County shall provide accessible directional signage with the International Symbol of Accessibility indicating the location of the nearest accessible toilet room.  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. The Ground level men’s and women’s single-user toilet rooms near the business office (Room # G-12A and G-12B)

 

(1) The toilet room signs are not accessible.  Provide a toilet room sign for each toilet room 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.

 

(2) The toilet room doors are inaccessible because the pressure required to open the doors is 12 pounds, and knob hardware is used.  Provide a door for each toilet room that requires no more than 5 pounds of force to open, and 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 §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.9, 4.13.11(2)(b).

 

(3) Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet rooms.  Provide a visual alarm appliance in each toilet room.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.1, 4.28.3.

 

(4) No accessible coat hook has been provided.  Provide a coat hook in each toilet room 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.

 

(5) No accessible mirror has been provided.  Provide a mirror in each toilet room 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.

 

(6) The paper towel dispensers are inaccessible because the controls are mounted at 62 inches above the finished floor.  Provide a paper towel dispenser in each toilet room with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

(7) In the men’s toilet room, the lavatory is inaccessible because the bottom edge of the apron is 28 inches above the finished floor.  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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2, Fig. 31.

 

(8) The lavatories are inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

 

(9) The toilet in the women’s toilet room is inaccessible because the top of the seat is 16 inches above the finished floor.  Provide a toilet with a seat that measures 17 to 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.3, Fig. 29(b).

 

(10) The toilet in the men’s toilet room is inaccessible because its centerline is 19 ½ inches rom the side wall.  Provide a toilet in each toilet room with a centerline that is 18 inches from the near side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.2, Fig. 28.

 

(11) The toilet in the women’s toilet room is inaccessible because the flush control 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), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

 

(12) The grab bars at the toilet in both toilet rooms are inaccessible.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bars and the wall; and at least 1½ inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

 

ii. Cedar area visitor’s unisex single-user toilet room (Room # C-213I) (existing element) – The Cedar area single user unisex toilet room contains a number of inaccessible elements and is not accessible to people with disabilities.  Provide an accessible toilet room such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Alternatively, 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), 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

 

iii. Physical therapy wing near upper level entrance – men’s and women’s single-user toilet rooms.  The toilet rooms are inaccessible, and 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.

 

iv. Birch area women’s toilet room with stalls (Room CA-160)

 

(1) The toilet room sign is inaccessible.  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.

 

(2) Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.1, 4.28.3.

 

(3) The paper towel dispenser is inaccessible because the controls are mounted at 58 inches above the finished floor.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

(4) The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

 

(5) There is no accessible stall provided.  Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

 

4.         Within 24 months of the effective date of the Agreement, the County will complete the following modifications to the County Courthouse – Virginia, 300 S 5th Ave, Virginia, MN:

 

a.         Parking Lots

 

i. The Courthouse has three parking lots.  #1 has 40 parking spaces of which 3 are designated as reserved for people with disabilities. #2 has 16 spaces with none reserved. #3 has 65 spaces with none reserved.

 

ii. The County may choose to combine the following modifications to its Virginia Courthouse parking lots into one parking lot with the shortest accessible route to the Courthouse with signage at the inaccessible parking lots directing individuals with disabilities to the nearest accessible parking lot.  Alternatively, the County  may continue to provide accessible parking spaces among the three parking lots as enumerated below.

 

iii. Parking Lot # 1 – The parking lot is inaccessible because there are no access aisles for the spaces reserved for people with disabilities and no van-accessible spaces.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 1 standard space designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

 

iv. Parking Lot # 2 – The parking lot is inaccessible because there are no spaces designated as reserved for people with disabilities.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

 

v. Parking Lot # 3 – The parking lot is inaccessible because there are no spaces designated as reserved for people with disabilities.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 2 standard spaces designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

 

b.         Exterior entrances –

 

i. The route from one of the parking lots to the designated accessible entrance is inaccessible because there is a change in level between sidewalk blocks that is at least ½ inch high.  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.

 

ii. The ramp just inside the accessible entrance is inaccessible because its handrails are 33 inches above the finished floor, and the handrails lack 12 inch extensions at the bottom of the ramp. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.8.5.

 

c.         Interior signage throughout the building – The permanent room signage is inaccessible.  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.

 

d.         Pay telephone in the basement

 

i. The telephone in the basement is inaccessible because it does not have required signage.  In addition, the telephone protrudes into the path of travel and is not detectable to a blind person using a cane.  Provide signage that complies with the Standards.  In addition, provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3),  4.1.3(17), 4.1.6(1)(b), 4.4, 4.31, 4.30.7(2).

 

ii. Although there is one public telephone 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.

 

e.         Drinking fountains in the basement and on the 1st floor – these drinking fountains protrude into the path of travel and is not detectable to a blind person using a cane.  Provide an accessible route at these locations such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3),  4.1.3(17), 4.1.6(1)(b), 4.4, 4.31, 4.30.7(2).

 

f.          Elevator

 

i. The elevator is inaccessible because there is no voice annunciator or audible signal indicating up and down.  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.”  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.4, Fig. 20.

 

ii. The elevator is inaccessible because there is no hoistway signage.  Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.5, Fig. 20.

 

iii. The elevator is inaccessible because the car controls do not have Braille and raised characters to the left of the buttons, the main entry floor call button is not designated by a raised star, the emergency controls are not grouped at the bottom of the panel, and the centerlines of emergency controls are greater than 35 inches above the finished floor.  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.

 

iv. The elevator is inaccessible because, although emergency communications are provided, the control box door does not operate without tight grasping or pinching.  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.

 

g.         Courtrooms

 

i. Courtrooms # 1 and # 2 (existing elements)

 

(1) These courtrooms have not been altered since the effective date of the Americans with Disabilities Act.  The County shall provide court proceedings at an accessible courtroom (i.e., Courtroom #3) upon request by persons with disabilities (including parties to a suit, attorneys, witnesses, spectators, and other interested parties).  In the event that these courtrooms are modified in the future, each modified courtrooms and associated jury rooms and toilet rooms shall be made accessible.

 

ii. Courtroom # 3 and 4 (altered elements)

 

(1) The jury boxes in both courtrooms are inaccessible because there are steps leading to this area.  Provide a ramp or platform lift in compliance with the Standards or establish a procedure for providing access to these areas.  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.

 

(2) Courtroom # 3 jury room unisex single-user toilet room – this single user toilet room contains a number of inaccessible elements and is not accessible to people with disabilities.  Provide an accessible toilet room such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

 

h.         Offices and Counters

 

i. 6th District Commissioner Office – West Side – The counter is inaccessible because the surface of the counter is 44 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

ii. County Attorney’s Office – 2nd Floor – The counter is inaccessible because the surface of the counter is 47 ½ inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

i.          Toilet Rooms

 

i. 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.

 

ii. Men’s Accessible Toilet Room with Stalls – 2nd Floor

 

(1) The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

 

(2) The toilet is inaccessible because the flush control 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.

 

iii. Women’s Accessible Toilet Room with Stalls – 2nd Floor

 

(1) The route through the toilet room is inaccessible because the shelf under the mirror protrudes into the route and is not detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

(2) The designated accessible stall is 43 inches wide and has two side grab bars but no rear grab bars.  Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

j.          Sheriff’s Office / Jail

 

i. Visitors Area

 

(1) Telephone by Reception Counter – The telephone handset by the reception counter is mounted higher than 56 inches above the finished floor.  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).

 

ii. Deputy Officers Men’s Toilet and Locker Room

 

(1) The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

 

iii. Staff Unisex Single-User Toilet Room (within security enclosure)

 

(1) The toilet room sign is inaccessible.  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.

 

iv. Holding Cells

 

(1) There are no accessible holding cells throughout the courthouse.  Provide at least one accessible holding cell in each security classification area (if applicable) and/or where prisoners are held, ensuring that all features of the cells are accessible to people with disabilities, including the cell’s doors, clear floor space, controls and dispensers, desk, and bed.  In addition, provide or ensure that at least one toilet area associated with each of these cells are accessible to people with disabilities, including door, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers.  Finally, provide or ensure at least one shower facility that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.13, 4.16, 4.18, 4.19, 4.21, 4.22, 4.26, 4.27, 4.30, Figs. 28, 29, 35, 36, 37.[2]

 

 

5.         Within 24 months of the effective date of the Agreement, the County will complete the following modifications to the County Courthouse – Hibbing, 1810 12th Avenue East, Hibbing, MN:

 

a.         Parking lot – The van accessible parking reserved for persons with disabilities lacks the appropriate signage.  At van accessible spaces, provide a “Van-Accessible” sign located below the International Symbol of Accessibility such that the sign cannot be obstructed by vehicles parked in the space.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.4, 4.30.7(1).

 

b.         Interior signage throughout the building (including sheriff’s office and jail) – The permanent room signage is inaccessible.  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.

 

c.         Pay telephone –

 

i. The pay telephone is inaccessible because it does not have required signage.  In addition, the telephone protrudes into the path of travel and would not be detectable to a blind person using a cane.  Provide signage that complies with the Standards.  In addition, provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3),  4.1.3(17), 4.1.6(1)(b), 4.4, 4.31, 4.30.7(2).

 

ii. Although there is one public telephone 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.

 

d.         2nd floor drinking fountain – The drinking fountain is inaccessible because it has a water flow that is not within 3 inches of the front of the fountain, and its controls require tight grasping, pinching, or twisting of the wrist.  In addition, although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping.  Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge.  Additionally, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.1.3(10), 4.1.6(1)(b), 4.15, 4.27.4, Fig. 27.

 

e.         Elevator

 

i. There is no signage directing people with disabilities from the entrances to the elevator.  Provide accessible directional signage with the International Symbol of Accessibility just inside all entrances directing users to the elevators.  Standards §§ 4.1.3(16)(b), 4.1.6(1)(b), 4.30.

 

ii. The elevator is inaccessible because the hoistway signage is mounted with its centerline at 44 ½ inches above the finished floor.  Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.5, Fig. 20.

 

iii. The elevator is inaccessible because, although emergency communications are provided, the control box door does not operate without tight grasping or pinching, and the system does not work without 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.

 

f.          Offices and Counters

 

i. Court Administration/Traffic Violations Office – This counter is inaccessible because the surface is 43 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

ii. Zoning Office – This counter is inaccessible because the surface is 40 ½ inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

g.         Courthouse 1st floor men’s and women’s toilet rooms (center set and north entrance set) – 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.

 

h.         Courtrooms

 

i. Courtrooms # 1 and # 2 – 2nd floor

 

(1) The doors to both courtrooms are inaccessible because each leaf has an opening width of only 28 inches.  Provide a door or doors in each courtroom with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Alternatively, provide an automatic door opener.  Standards §§ 4.1.3(7)(b), 4.13.5, Fig. 24.

 

(2) The jury box in both courtrooms is inaccessible because there are steps leading to this area.  Provide a ramp or platform lift in compliance with the Standards or establish a procedure for providing access to this area.  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.

 

(3) Both courtrooms containing bench seating are inaccessible because they have no wheelchair seating areas.  Provide at least 2 wheelchair seating areas in each courtroom, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.5, 4.33.

 

i.          Sheriff’s Office and Jail

 

i. Pay telephone –

 

(1) The pay telephone is inaccessible because it does not have volume control.  Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards.  Standards §§ 4.1.3(17), 4.1.6(1)(b), 4.31, 4.30.7(2).

 

(2) Although there is one public telephone 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.

 

ii. Hi-lo drinking fountain combination in the visiting area – The route through the visiting area is inaccessible because the higher of two drinking fountains protrudes into the main walkway and is not detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

iii. Holding Cells

 

(1) There are no accessible holding cells throughout the courthouse.  Provide at least one accessible holding cell in each security classification area (if applicable) and/or where prisoners are held, ensuring that all features of the cells are accessible to people with disabilities, including the cell’s doors, clear floor space, controls and dispensers, desk, and bed.  In addition, provide or ensure that at least one toilet area associated with each of these cells are accessible to people with disabilities, including door, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers.  Finally, provide or ensure at least one shower facility that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.13, 4.16, 4.18, 4.19, 4.21, 4.22, 4.26, 4.27, 4.30, Figs. 28, 29, 35, 36, 37. [3]

 

 

6.         Within 24 months of the effective date of the Agreement, the County will complete the following modifications to the Public Works Division 7 Maintenance Shop and Offices – Hibbing, 1425 East 23rd Street, Hibbing, MN

 

a.         Parking lot – The parking lot has 10 spaces, of which two are reserved for people with disabilities.  The parking reserved for persons with disabilities is inaccessible because the van-accessible space’s access aisle is 60 inches wide, and both spaces and access aisles are sloped.  Provide at least one designated van accessible parking space that is a minimum of 96 inches wide and served by an access aisle at least 96 inches wide.  Ensure that the designated accessible parking spaces and access aisles 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, Fig. 9.

 

b.         Programs and services provided on the second floor – The second floor has not been altered since the effective date of the Americans with Disabilities Act.  The County will provide program access through other means, i.e., providing service on the first floor upon request by persons with disabilities, and will report its plans for doing so to the Department.

 

c.         Drinking fountain by reception desk – Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping.  Provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.1.3(10)(a), 4.1.6(1)(b).

 

 

d.         Men’s and Women’s Toilet Rooms with Stalls

 

i. In the men’s toilet room, the toilet is inaccessible because the flush control 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.

 

ii. In both toilet rooms, no accessible coat hook has been provided.  Provide a coat hook in both toilet rooms 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.



            [1] See ADA / Section 504 Design Guide: Accessible Cells in Correctional Facilities at http://www.ada.gov.

            [2] See ADA / Section 504 Design Guide: Accessible Cells in Correctional Facilities at http://www.ada.gov.

            [3] See ADA / Section 504 Design Guide: Accessible Cells in Correctional Facilities at http://www.ada.gov.