Attachment K: Program Access in Existing 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.

 

The technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is Areadily accessible to and usable by@ persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question.  See 28 C.F.R. '' 35.150 (b)(1), 35.151.

                     

In order to ensure that each of the City=s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the City will take the following actions:

 

1.                  Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Columbus Library Branch, located at 4350 East Twenty-Second Street:

 

a.                  Parking: The space that is designated as Avan-accessible@ has a narrow access aisle and the space itself is narrower than 96 inches.  On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space designated as reserved for people with disabilities.  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.                  Single-User Unisex Toilet Room

 


i.                     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 mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards '' 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

 

ii.                   The toilet room door requires 8 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards ' 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 '' 4.28.1, 4.28.3.

 

iv.                 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 ' 4.19.4.

 

v.                   The toilet centerline measures 19 inches from the side wall.  Provide a toilet with a centerline that measures 18 inches from the near side wall.  Standards ' 4.16.2, Fig. 28.                       

 

vi.                 The distance of the far end of the side grab bar to the rear wall is 46 inches.  Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Standards ' 4.16.4, Fig. 29(b).

 

c.                  Drinking Fountain:  The higher drinking fountain 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 ' 4.4.

 

d.                  Telephone:  The pay telephone does not have volume control.  Provide an accessible telephone that is hearing aid compatible and has a volume control mechanism.  Standards ' 4.31.

 

2.                  Within 12 months of the effective date of this Agreement, the City will complete the following modifications to Golf Links Complex, located at 2400 South Craycroft Road:

 


a.                  Parking:  Although there are 10 parking spaces designated as reserved for persons with disabilities, there are no van accessible spaces.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 9 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 '' 4.6, 4.30.7(1).

 

b.                  Accessible Route:  The route between the accessible parking spaces and the playground equipment is gravel and therefore is inaccessible to persons using wheelchairs.  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 2 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.

 

c.                  Drinking Fountain:  Although a lower drinking fountain is provided at Building 2, there is no drinking fountain provided for people 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).

 

d.                  Building 1 Toilet Rooms with Stalls

 

i.                     Men=s Toilet Room

 


(1)               There is no accessible toilet room sign.  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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

(2)               The air dryer protrudes into the walkway and would not be detectable by 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)               No rear grab bar is provided in the toilet stall.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 13 and 12 inches; with 12 inches between the grab bar and the wall; and at least 12 inches between the grab bar and any other object, such as a toilet seat cover dispenser.  Standards '' 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 30.

 

(4)               The toilet paper dispenser is inaccessible because it is mounted too far forward 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), 4.22.4, 4.17.3, Fig. 30(d).

 

ii.                   Women=s Toilet Room

 


(1)               The toilet room sign has a centerline that is 52 inches above the finished floor.  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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

(2)               The air dryer protrudes into the walkway and would not be detectable by 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.

 

e.                  Building 2 Toilet Rooms with Stalls

 

i.                     Men=s Toilet Room

 

(1)               The toilet room sign is not accessible.  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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

(2)               The air dryer protrudes into the walkway and would not be detectable by a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards ' 4.4.

 

ii.                   Women=s Toilet Room

 

(1)               The toilet room sign is not accessible.  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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.


 

(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 '' 4.1.3(11), 4.22.6, 4.19.6.

 

(3)               The air dryer protrudes into the walkway and would not be detectable by 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.

 

(4)               The toilet paper dispenser is mounted too far 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), 4.22.4, 4.17.3, Fig. 30(d).           

 

 

3.                  Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Joel D. Valdez Main Library, located at 101 North Stone Avenue:

 

a.                  Parking

 


i.                     Lower Level 1:  Although the parking lot has a total of 51 parking spaces, including 1 standard space and 1 van-accessible space designated as reserved for people with disabilities, the van-accessible space does not have an access aisle, it is not on the shortest accessible route to the accessible entrance, and there is inadequate vertical clearance at the space or on the way to or from it.  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.  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).

 

ii.                   Lower Level 2:  Although the parking lot has a total of 96 parking spaces, including 6 standard spaces designated as reserved for people with disabilities, some of the reserved spaces are not served by access aisles or their access aisles are too narrow and the signage for each of them can be obstructed by parked vehicles.  On the shortest accessible route to the accessible entrance, provide 4 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 B First Floor Children=s Books Section:  The route between the book carousels is only 29 inches wide.  Provide an accessible route between the carousels 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.                       

 

c.                  Elevator

 


i.                     The elevator doors do not automatically reopen without contact for an obstruction at 5 to 29 inches, and the doors do not remain open for at least 20 seconds after reopening for an obstruction. 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 '' 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

 

ii.                   Although emergency communications are provided, the door to the emergency communications equipment requires tight grasping or pinching to operate.  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.

 

d.                  The drinking fountains near the Men=s and Women=s toilet rooms and the counter at the computer reservation center are protruding objects that are not cane-detectable.  Provide accessible routes 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.

 

e.                  Magazine Displays:  Throughout the facility, some magazines are displayed as high as 74 inches above the finished floor.  Ensure that each magazine display has a minimum of 36 inches of clear width between units and with reach ranges of between 18 inches and 54 inches (maximum height of 48 inches is preferred) above the finished floor.  Standards ' 8.4, Fig. 55.

 

f.                    Lower Level Meeting Room, Children=s Meeting Room, Second Floor Conference Room, and Third Floor Conference Room:  The assembly areas, including meeting and conference rooms, are inaccessible to people with hearing impairments because no permanent or portable assistive listening system is available.  Provide a permanently installed assistive listening system (ALS) in each room or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system in each assembly area.  Also provide the number of receivers for use by the general public as in accordance with Standards ' 4.1.3 (19)(b) and signage indicating their availability.  Standards '' 4.30, 4.33.

 

g.                  Women=s Lower Level Toilet Room with Stalls


 

i.                     The pressure required to open the door is 15 pounds of force.  Provide a door that requires no more than 5 pounds of force to open.  Standards ' 4.13.11(2)(b).

 

ii.                   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 '' 4.28.1, 4.28.3.

 

iii.                  The toilet seat cover dispenser is mounted at 48 inches above the finished floor and requires a forward reach over the toilet.  Provide a toilet seat cover dispenser such that it complies with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards '' 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

iv.                 The lavatory counter and the sanitary napkin dispenser are protruding objects that are not cane-detectable.  Provide accessible routes 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.

 

v.                   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 ' 4.19.4.

 

vi.                 Toilet Stall for People with Disabilities

 

(1)               The stall is only 43 inches wide and the toilet centerline is 21 inches from the side wall.  Provide a toilet stall that is at least 60 inches wide and at least 56 inches deep for a wall-mounted toilet or at least 59 inches deep for a floor-mounted toilet, such that the centerline of the toilet is exactly 18 inches from the near side wall or partition, and there is at least 9 inches of toe clearance above the floor at the front partition if the stall is no more than 60 inches deep.  Standards ' 4.17, Fig. 30.

 


(2)               The toilet paper dispenser is mounted on the side wall opposite the side grab bar.  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 ' 4.17.3, Fig. 30(d).

 

(3)               The rear grab bar is 24 inches in length.  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 ' 4.17.6, Fig. 30.

 

h.                  Men=s Lower Level Toilet Room with Stalls

 

i.                     The pressure required to open the door is 15 pounds of force.  Provide a door that requires no more than 5 pounds of force to open.  Standards ' 4.13.11(2)(b).

 

ii.                   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 '' 4.28.1, 4.28.3.

 

iii.                  The toilet seat cover dispenser is mounted at 56-1/2 inches above the finished floor and requires a forward reach over the toilet.  Provide a toilet seat cover dispenser such that it complies with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards '' 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

iv.                 The air dryer and the lavatory counters are protruding objects that are not cane-detectable.  Provide accessible routes 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.

 

v.                   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.  </