Attachment J: Modifications to Altered Facilities

 

Please Note: Paragraph 37 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the City 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 alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions:

 

1.                  Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the City Court, located at 103 East Alameda:

 

a.                  Accessible Route

 

i.                     The route between the bus stop and the building entrance takes users into traffic, as there is no curb cut at the bus stop.  Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp.  If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic.  Standards ' 4.3.8, 4.7, Fig. 12.

 

ii.                   The rope barricades in the lobby are protruding objects that would not be detectable to a blind person who uses 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.

 


b.                  Signage:  Many of the permanent room signs throughout the facility -- including those for the courtrooms and offices -- are not accessible.  Wherever permanent room signs are provided, 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.                  Elevator

 

i.                     After reopening due to an obstruction, the elevator doors remain open only 4 seconds.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds.  Standards '' 4.1.3(5), 4.1.6(1)(b), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

 

ii.                   The door to the emergency communications requires tight grasping or 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 '' 4.1.3(5), 4.1.6(1)(b), 4.10.14.

 

d.                  Counters

 

i.                     The security counter is 40 inches high and no equivalent facilitation is provided for people who use wheelchairs.  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.                   The public service counter in room 104 is 40 inches high and no equivalent facilitation is provided for people who use wheelchairs.  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.                  The counter in the 3rd floor Judicial Receptionist=s office is 42 inches high and no equivalent facilitation is provided for people who use wheelchairs.  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.

 

e.                  Accessible Route  

 

i.                     Many of the fixed counters throughout the facility are protruding objects that are not cane-detectable.  At each such location, provide an accessible route 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.                   The drinking fountains on the 2nd, 3rd, 4th, 5th, and 6th floors protrude into the main walkway and would not be detectable to a blind person using a cane.  Provide accessible routes at each of 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), 4.1.6(1)(b), 4.4.

 

f.                    Drinking Fountains


 

i.                     The drinking fountain on the 4th floor does not direct the water in a trajectory at least 4 inches high and the controls require more than 5 pounds of force to operate.  Provide at least one drinking fountain on this floor 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), 4.1.6(1)(b), 4.15, 4.27.4, Fig. 27.     

 

ii.                   On the 2nd, 3rd, 4th, 5th, and 6th floors, no fountains are provided for persons who have difficulty bending or stooping.  For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a 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), 4.1.6(1)(b).

 

g.                  Courtrooms:  There is no signage informing the public of the availability of an assistive listening system.  Provide an assistive listening system with the appropriate number of receivers as specified by 4.1.3(19)(b), and provide accessible signage indicating the availability of the assistive listening system.  Standards '' 4.1.3(19)(b), 4.1.6(1)(b), 4.30.

 

h.                  Courtroom #3

 

i.                     The door to the court, which is accessed through a front approach, has only 82 inches of clearance on the pull/latch side.  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), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

 


ii.                   The door to the courtroom is obstructed and there is only 24 inches of clear opening width.  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, and free of all obstructions.  Standards '' 4.1.3(7)(b), 4.1.6(1)(b), 4.13.5, Fig. 24.

 

i.                    City Prosecutors= Office Conference Room

 

i.                     The entry door uses knob hardware.  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(7)(b), 4.1.6(1)(b), 4.13.9.

 

ii.                   The route within the conference room is restricted to 30-1/2 inches between the pillar and the table.  Provide an accessible route to all areas of this conference room with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards '' 4.1.3(1), 4.1.6(1)(b), 4.3.3, 4.13.5.

 

j.                    Coat Racks in Jury Rooms, 3rd Floor 

 

i.                     The coat racks are inaccessible.  In each jury room, provide a coat hook or rack 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.

 

ii.                   The coat racks are protruding objects that are not cane-detectable.  In each jury room, provide an accessible route 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.

 

k.                  First Floor Toilet Rooms with Stalls

 

i.                     Women=s Toilet Room

 

(1)            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.

 


(2)               The seat cover dispenser in the women=s toilet room is mounted 50 inches high over an obstruction.  Provide a seat cover dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards '' 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

(3)               The paper towel dispenser protrudes into the main walkway 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 '' 4.1.2(3), 4.1.6(1)(b), 4.4.

 

(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 toilet paper dispenser in the designated accessible stall in the women=s toilet room is mounted on the rear wall.  Provide a toilet paper dispenser that is mounted with its top at least 12 inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards '' 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

ii.                   Men=s Toilet Room

 

(1)            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.

 


(2)               The paper towel dispensers protrudes into the main walkway 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 '' 4.1.2(3), 4.1.6(1)(b), 4.4.

 

(3)               Toilet Stall for People with Disabilities

 

(a)            The toilet stall is not properly configured to provide sufficient maneuvering space for persons who use wheelchairs.  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.

 

(b)               The flush control on the toilet in the designated accessible stall in the men=s toilet room is on the closed side.  Provide a flush control mounted on the Aopen@ 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.

 

(c)                No accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards '' 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

(d)               The toilet paper dispenser is mounted more than 36 inches from the rear wall.  Provide a toilet paper dispenser that is mounted with its top at least 12 inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards '' 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

l.                    Third Floor Unisex Single-User Toilet Room Serving Jury Assembly Area

 


i.                     The entry door uses knob hardware.  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(7)(b), 4.1.6(1)(b), 4.13.9.

 

ii.                   The paper towel dispenser is mounted with its controls 57 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.

 

iii.                  The flush control on the toilet is on the closed side.  Provide a flush control mounted on the Aopen@ 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.

 

m.                Fifth Floor Toilet Rooms with Stalls

 

i.                     Women=s Toilet Room with Stalls

 

(1)            The door has round knob-style hardware.  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(7)(b), 4.1.6(1)(b), 4.13.9.

 

(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), 4.1.6(1)(b), 4.22.6, 4.19.6.

 

(3)               The paper towel dispenser is a protruding object that is not cane-detectable.  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.

 


(4)               The feminine products dispenser requires tight grasping, pinching or twisting of the wrist to operate.  Provide feminine products dispenser with mechanical controls, if any, that can be operated with 5 lbf or less and that 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(13), 4.1.6(1)(b), 4.27.4.

 

(5)               The lavatory has twist-type hardware.  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), 4.1.6(1)(b), 4.22.6, 4.19.5, 4.27.4.

 

 

(6)               The lavatory hot water and drain 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.

 

ii.                   Men=s Toilet Room

 

(1)               No accessible mirror is 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.

 

(2)               The lavatory has twist-style hardware.  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), 4.1.6(1)(b), 4.22.6, 4.19.5, 4.27.4.

 

(3)               In the toilet stall for persons with disabilities, the flush control is on the closed side of the stall  Provide a flush control mounted on the Aopen@ 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.

 

n.            Third Floor Toilet Rooms with Stalls (altered elements; alterations standard applies)


i.            Women=s Toilet Room

 

(1)            The interior entry door to the women=s toilet room requires 10 pounds of force to open.  Provide a door that requires no more than 5 pounds of force to open.  Standards '' 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

(2)               The toilet seat cover dispenser in the women=s toilet room is mounted 52 inches high and requires a forward reach over the toilet.  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), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

(3)               The paper towel dispensers protrude into the main walkway 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 '' 4.1.2(3), 4.1.6(1)(b), 4.4.

 

(4)               The lavatory has insufficient knee and toe clearances.  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.

 

(5)               The lavatory has twist-type hardware.    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), 4.1.6(1)(b), 4.22.6, 4.19.5, 4.27.4.

 

(6)               Toilet Stall for Persons with Disabilities

 


(a)            The toilet flush control is on the closed side of the stall and is mounted too high.  Provide a flush control mounted on the Aopen@ side of the toilet=s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards '' 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

 

(b)            &n