Attachment I: Modifications to Newly Constructed Facilities

 

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

 

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

 

1.                  Within 18 months of the effective date of this Agreement, the City will complete the following modifications to the City of Tucson Resource Campus, Community Resources - Santa Rita Building, located at 310 North Commerce Park Loop:

 

a.                  Parking:  Although adequate spaces are designated as accessible for persons with disabilities, the vertical signs with the International Symbol of Accessibility are too low and can be obstructed by parked vehicles.  On the shortest accessible route to the accessible entrance, provide 2 van accessible spaces and 7 standard spaces designated as reserved for people with disabilities.  Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional AVan-Accessible@ sign located below the International Symbol of Accessibility.  Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards '' 4.1.2(5), 4.6, 4.30.7(1).

 

b.                  Accessible Route:  There is a moveable table in the employee route narrowing the width of the route to 26 2 inches.  Provide an accessible route with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards '' 4.3.3, 4.13.5.Standards '' 4.1.3(1), 4.3.3, 4.13.5.

 


c.                  Elevator:  The elevator is inaccessible because the door protective and reopening device does not: open and close automatically; automatically reopen if obstructed; automatically open without contact if obstructed and stay open for at least 20 seconds after opening;  and the door to the emergency communications device requires tight grasping or pinching to open.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds. 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 ' 4.10.14, 4.1.3(5), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

 

d.                  Offices and Counters

 

i.                     Rent Payment Office (Second Floor)

 

(1)               The service counter is 38 3 above the finished floor and no equivalent facilitation is provided.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor.  Standards '' 4.1.1(2), 7.2(1), 4.1.3(1), 4.3.

 

(2)               The lowest pamphlets on the rack on the wall are 58 inches above the finished floor.  Provide all pamphlets within the reach ranges of persons with disabilities, that is, with 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), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

e.                  First Floor Unisex, Single-User Toilet Rooms

 

i.                     Section 8 Lobby (TR#1)

 


(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 '' 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

(2)               The overall length of the rear grab bar is 30 inches and the distance of its farther end to the side wall is 34 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), 4.22.4, 4.16.4, Fig. 29.

 

ii.                   Employee Office Area (TR#2)

 

(1)               The toilet seat cover dispenser and soap dispenser are inaccessible.  Provide a toilet seat cover dispenser and 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), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

iii.                  Between Janitor=s Closet and TR#2 (TR#3)

 

(1)               This toilet room is inaccessible to people using wheelchairs.  Provide an accessible toilet room at this location 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.

                                                           

iv.                 Across from Senior Project Coordinator (TR# 4)

 

(1)               The coat hook is inaccessible.  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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.


 

(2)               The toilet seat cover dispenser is inaccessible.  Provide a toilet seat cover dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards '' 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

(3)               The soap dispenser is 50 2 inches above the finished floor and requires a forward reach.  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), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

(4)               The lavatory faucet has knob hardware that requires tight grasping, pinching or twisting of the wrist to operate.  Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs).  Standards '' 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.            

 

(5)               The overall length of the rear grab bar is 30 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), 4.22.4, 4.16.4, Fig. 29.

 

v.                   Across from Senior Project Coordinator - Between TR# 4 and the wall  (TR# 5)

 

(1)               This toilet room is inaccessible to people using wheelchairs.  Provide an accessible toilet room at this location 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.

 


vi.                 Inside Housing Quality Standards Inspections (TR #s 6 and 7)

 

(1)               Both of these toilet rooms are inaccessible to people using wheelchairs.  Provide accessible toilet rooms at each of these locations such that all of the rooms= 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.

 

vii.                Next to Housing Assistance Supervisor (TR# 8)

 

(1)               The toilet seat cover dispenser is inaccessible.  Provide a toilet seat cover 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), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

(2)               The toilet centerline is 19 inches from the side wall.  Provide a toilet with a centerline that measures 18 inches from the near side wall.  Standards '' 4.1.3(11), 4.22.4, 4.16.2, Fig. 28. [1]

 

(3)               The overall length of the rear grab bar is 30 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), 4.22.4, 4.16.4, Fig. 29.

 

f.                    Second Floor Unisex, Single-User Toilet Rooms

 

i.                     Across from Reception and Next to Janitor=s Closet (TR# 9)

 


(1)               The coat hook is inaccessible.  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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6. 

 

(2)               The toilet seat cover dispenser is inaccessible.  Provide a toilet seat cover dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards '' 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

(3)               The soap dispenser is 51 inches above the finished floor and requires a forward reach.  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), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

(4)               The toilet is inaccessible because its centerline measures 17 inches from the side wall.  Provide a toilet with a centerline that measures 18 inches from the near side wall.  Standards '' 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.

 

(5)               The rear grab bar at the toilet is inaccessible because its overall length is only 30 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), 4.22.4, 4.16.4, Fig. 29.

 

ii.                   Next to Toilet Rooms #9 (TRs # 10 and 11)

 


(1)               Both of these toilet rooms are inaccessible to people using wheelchairs.  Provide accessible toilet rooms at these locations such that all of the rooms= 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.

 

iii.                  Across from the Conference Room (TR # 12)

 

(1)               There is insufficient clear floor space width on the on the pull side of the door.  On the pull side of the door, provide a path of travel at least 48 inches wide for a side approach and at least 24 inches of clear maneuvering space adjacent to the latch side of the door.  Standards '' 4.1.3(7)(b), 4.13.6, Fig. 25(c).                       

 

(2)               The toilet room door swings into the required clear floor space of the drinking fountain outside of the toilet room.  Ensure that no door swings into the required clear floor space at any accessible fixture.  Standards '' 4.1.3(11), 4.22.2.

 

(3)               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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

(4)               The toilet seat cover dispenser is mounted 58 inches above the finished floor.  Provide a toilet seat cover 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), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

(5)               The soap dispenser is mounted 50 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), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 


g.                  Drinking Fountains:  Although accessible drinking fountains are provided, there is no drinking fountain provided for people who have difficulty bending or stooping on the first floor.  For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a Ahi-lo@ fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards ' 4.1.3(10)(a).

 

 

2.                  Within 18 months of the effective date of this Agreement, the City will complete the following modifications to the City of Tucson Resource Campus, Community Resources - Sentinel Building, located at 320 North Commerce Park Loop:

 

a.                  Drinking Fountains

 

i.                     First Floor Lobby

 

(1)               The spout height of each of the drinking fountains is 37 2 inches above the finished floor.  Provide a fountain that has a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet, and that otherwise complies with the Standards.  Standards '' 4.1.3(10), 4.15, 4.27.4, Fig. 27.

 

(2)               Although a lower 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 Ahi-lo@ fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards ' 4.1.3(10)(a).

 

ii.                   First Floor Lounge

 


(1)               The water height is 3 inches high, the water flow is 4 inches from the front of the fountain, there is 8 inches of knee space depth and no parallel approach is possible because of a pillar and a trash can.  Provide a 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.  Standards '' 4.1.3(10), 4.15, 4.27.4, Fig. 27.

 

(2)               The drinking fountain 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 ' 4.4.

 

(3)               Although a lower 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 Ahi-lo@ fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards ' 4.1.3(10)(a).

 


iii.                  Second Floor Drinking Fountain:  Although a lower 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 Ahi-lo@ fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards ' 4.1.3(10)(a).

 

b.                  Elevator:  The elevator is inaccessible because, although emergency communications are provided, the door to access the emergency communications device cannot be opened without tight grasping and pinching.  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 ' 4.10.14.

 

c.                  Door to the Weight Room:  There are only 17 inches of maneuvering clearance on the latch/pull side of the door, which requires a front approach.  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.  Standards '' 4.1.3(7)(b), 4.13.6, Fig. 25(a).

 

d.                  Unisex Shower Rooms

 

i.                     Shower Room #1 (Left side of hall, facing entrance to weight room)

 

(1)               The shower room is inaccessible.  Provide an accessible shower room such that all of the room=s elements, including signage, door, door hardware, clear floor space,  mirror, controls, and dispensers, comply with the Standards.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  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), 4.22, 4.13, 4.16, 4.18, 4.19, 4.21, 4.26, 4.27, 4.30, Figs. 28, 29, 35, 36, 37.

 


(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 '' 4.1.3(11), 4.22.6, 4.19.6.

 

(3)               The bench is 9 2 inches wide and 36 inches long.  Provide a 24 inch by 48 inch bench fixed to the wall along the bench=s longer dimension.  Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor.  Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench.  Standards '' 4.1.3(21), 4.35.4, 4.26.3.

 

ii.                   Shower Room #2 (Right side of hall, facing entrance to weight room)

 

(1)               The shower room is inaccessible.  Provide an accessible shower room such that all of the room=s elements, including signage, door, door hardware, clear floor space,  mirror, controls, and dispensers, comply with the Standards.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  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), 4.22, 4.13, 4.16, 4.18, 4.19, 4.21, 4.26, 4.27, 4.30, Figs. 28, 29, 35, 36, 37.

 

(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 '' 4.1.3(11), 4.22.6, 4.19.6.

 


(3)               The bench is 9 2 inches wide and 26 inches long and is not fixed to the wall.  Provide a 24 inch by 48 inch bench fixed to the wall along the bench=s longer dimension.  Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor.  Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench.  Standards '' 4.1.3(21), 4.35.4, 4.26.3.

 

e.                  Departm