ATTACHMENT K: Program Access in Existing Facilities

Please Note: Paragraph 56 of the Agreement requires that within three 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.

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 “readily 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.

The chart below lists the facilities surveyed by the Department, the access issues identified during the survey, and the actions required to correct the access issues. Required actions are listed using an alphanumeric code. The key to the alphanumeric codes is provided in Attachment M to this Agreement.

In order to ensure that the programs, services, and activities housed in the County’s facilities are accessible to persons with disabilities, when viewed in their entirety, the County will take the actions referenced by the alphanumeric code and described in detail in Attachment M to this Settlement Agreement within the time period specified below, which time period begins to run on the effective date of the Agreement.

Item # Access Issue Required Action Completion Date
1. Upshur County Courthouse, located at 100 N. Tyler, Gilmer (also a Polling Place)    
1. Entrances: The building is inaccessible because fewer than 50% of its entrances are accessible. D12 24 months
2. 4th Floor Offices:    
a. The door to the DA-Misdemeanor office is inaccessible because knob hardware is used. D1 24 months
b. The counter in the DA-Misdemeanor office is inaccessible because it is 46 1/2 inches high. C6 24 months
3. 3rd Floor Offices:    
a. The door to the Justice of the Peace office is inaccessible because knob hardware is used. D1 24 months
b. The counter in the Justice of the Peace office is inaccessible because it is 49 1/2 inches high. C6 24 months
c. The door to the Juvenile Probation office is inaccessible because knob hardware is used. D1 24 months
4. 3rd Floor, Women’s Toilet Room:    
a. The toilet room contains a number of inaccessible elements and is not accessible to people with disabilities. SU13 24 months
b. There is no signage directing people with disabilities to the accessible toilet rooms. TR16 24 months
c. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. TR21 24 months
5. 3rd Floor, Men’s Toilet Room:    
a. The toilet room contains a number of inaccessible elements and is not accessible to people with disabilities. SU13 24 months
b. There is no signage directing people with disabilities to the accessible toilet rooms. TR16 24 months
c. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. TR21 24 months
6. 3rd Floor Drinking Fountain:    
a. The drinking fountain protrudes into the walkway and is not detectable to blind persons using a cane. AR8 24 months
b. The drinking fountain is inaccessible because it has a spout that is 42 1/2 inches high. DF6 24 months
c. The drinking fountain is inaccessible because it requires 9 pounds of force to operate. DF1 24 months
d. The wall-mounted drinking fountain is inaccessible because it provides only 13 inches of knee space depth. DF5 24 months
7. County Courtroom:    
a. The door is inaccessible because it requires 10 pounds of force to open. D2 24 months
b. The judge’s bench, witness stand and jury box are inaccessible because they can be accessed only by steps. AA8 24 months
c. The courtroom lacks fixed aisle seating without armrests. AA2 24 months
d. The courtroom is inaccessible to people with hearing disabilities because there is no assistive listening system provided. AA5 24 months
e. The courtroom is inaccessible because no wheelchair seating areas are provided. AA6 24 months
8. Commissioner’s Court:    
a. The door is inaccessible because it requires 12 pounds of force to open. D2 24 months
b. The court is inaccessible because no wheelchair seating areas are provided. AA6 24 months
c. The commissioner’s table is inaccessible because it can be accessed only by steps. AA8 24 months
d. The courtroom lacks fixed aisle seating without armrests. AA2 24 months
e. The courtroom is inaccessible to people with hearing disabilities because there is no assistive listening system provided. AA5 24 months
9. 2nd Floor Offices:    
a. The door to the County Clerk’s office is inaccessible because knob hardware is used. D1 24 months
b. The counter in the County Clerk’s office is inaccessible because it is 42 inches high. C6 24 months
c. The door to the County Clerk Annex is inaccessible because knob hardware is used. D1 24 months
d. The counter in the County Clerk Annex is inaccessible because it is 39 3/4 inches high. C6 24 months
10. 2nd Floor, Women’s Toilet Room, with Stalls:    
a. The toilet room contains a number of inaccessible elements and is not accessible to people with disabilities. ST14 24 months
b. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. TR21 24 months
11. 2nd Floor, Men’s Toilet Room with Stalls:  
a. The toilet room contains a number of inaccessible elements and is not accessible to people with disabilities. ST14 24 months
b. The paper towel dispenser protrudes into the walkway and is not detectable to blind persons using a cane. AR8 24 months
c. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. TR21 24 months
12. 2nd Floor Drinking Fountain:    
a. The drinking fountain protrudes into the walkway and is not detectable to blind persons using a cane. AR8 24 months
b. The drinking fountain is inaccessible because it has a spout that is 44 inches high. DF6 24 months
c. The drinking fountain is inaccessible because it requires 10 pounds of force to operate. DF1 24 months
d. The wall-mounted drinking fountain is inaccessible because it provides only 12 inches of knee space depth. DF5 24 months
13. 1st Floor Offices:    
a. The Probation counter is inaccessible because it is 38 1/2 inches high. C6 24 months
b. The door to the County Extension Office is inaccessible because knob hardware is used. D1 24 months
14. 1st Floor, Women’s Single-User Toilet Room:    
a. The toilet room sign has a centerline height of 53 inches. TR18 24 months
b. The door is inaccessible because it requires 14 pounds of force to open. D2 24 months
c. No accessible coat hook has been provided. TR1 24 months
d. The toilet is inaccessible because the grab bars are mounted 32 inches high. SU11 24 months
e. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. TR21 24 months
15. 1st Floor, Men’s Toilet Room with Stalls:    
a. The toilet room sign is mounted on the hinge side of the door and has a centerline height of 53 inches. TR18 24 months
b. The door is inaccessible because it requires 12 pounds of force to open. D2 24 months
c. The push side of the door, which is accessed from the latch side of the door, is inaccessible because it has only 10 1/2 inches of clear space on the latch side. D11 24 months
d. The urinal is inaccessible because the rim is 17 1/2 inches high. TR20 24 months
e. The designated accessible stall is incorrectly configured as an ambulatory stall, and there is no standard accessible stall provided. ST15 24 months
f. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. TR21 24 months
16. 1st Floor Drinking Fountain:    
a. The drinking fountain protrudes into the walkway and is not detectable to blind persons using a cane. AR8 24 months
b. The drinking fountain is inaccessible because it has a spout that is 43 inches high. DF6 24 months
c. The drinking fountain is inaccessible because it requires 10 pounds of force to operate. DF1 24 months
d. The wall-mounted drinking fountain is inaccessible because it provides only 12 inches of knee space depth. DF5 24 months
2. Upshur County Library, located at 700 Tyler, Gilmer (also a Polling Place)    
1. Parking:    
a. The designated accessible parking is inaccessible because the signs are mounted too low and there is no “van-accessible &r” signage. P6 12 months
b. The parking lot is inaccessible because there is no access aisle for the parking space on the right side of the painted walkway. P1 12 months
2. Check-Out Counter: The check-out area is inaccessible because the counter is 39 inches high. LB2 12 months
3. Computer Tables: The computer is inaccessible because the clear floor space is 25 inches wide with a knee clearance of 26 1/2 inches. C2 12 months
4. Women’s Toilet Room with Stalls:    
a. The toilet room sign is mounted on the door, lacks the International Symbol of Accessibility, and has no raised or Braille characters. TR17 12 months
b. The door is inaccessible because knob hardware is used. D1 12 months
c. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. TR21 12 months
d. No accessible mirror has been provided. TR14 12 months
e. The soap dispenser is inaccessible because it is mounted with the controls 58 1/4 inches high. TR5 12 months
f. The lavatory is inaccessible because the bottom of the apron is less than 29 inches high and it has insufficient knee and toe clearances. TR11 12 months
g. The lavatory is inaccessible because it has twist-type hardware. TR10 12 months
h. The paper towel dispenser protrudes into the walkway and is not detectable to blind persons using a cane. AR8 12 months
i. There is no accessible toilet stall provided. ST15 12 months
5. Men’s Toilet Room with Stalls:    
a. The toilet room sign is mounted on the door, lacks the International Symbol of Accessibility, and has no raised or Braille characters. TR17 12 months
b. The door is inaccessible because knob hardware is used. D1 12 months
c. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. TR21 12 months
d. No accessible mirror has been provided. TR14 12 months
e. The soap dispenser is inaccessible because it is mounted with the controls 56 inches high. TR5 12 months
f. The lavatory is inaccessible because the bottom of the apron is less than 29 inches high, and it has insufficient knee and toe clearances. TR11 12 months
g. The lavatory is inaccessible because it has twist-type hardware. TR10 12 months
h. The urinal is inaccessible because the rim is 22 inches high. TR20 12 months
i. There is no accessible toilet stall provided. ST15 12 months
6. Drinking Fountain: The drinking fountain is inaccessible because it requires 14 pounds of force to operate. DF1 12 months
3. Rock Building, located at 301 E. Butler (also a Polling Place), Gilmer    
1. Parking: The designated accessible parking is inaccessible because the signs are mounted too low. P6 24 months
2. Ramp: The ramp is inaccessible because the inside handrail is not continuous, and it lacks extensions at the top and bottom. R2 24 months
3. Entrances: The building does not have directional signage posted at inaccessible entrances and does not have the International Symbol of Accessibility posted at accessible entrances. D16 24 months
4. Justice Court:    
a. The door is inaccessible because knob hardware is used. D1 24 months
b. The courtroom is inaccessible to people with hearing disabilities because there is no assistive listening system provided. AA5 24 months
5. Drinking Fountain: Although a designated accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. DF3 24 months
6. Women’s Toilet Room with Stalls:    
a. The toilet room sign is mounted on the door and has no raised or Braille characters. TR17 24 months
b. The door is inaccessible because knob hardware is used. D1 24 months
c. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. TR21 24 months
d. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. TR12 24 months
e. The designated accessible stall is incorrectly configured as an ambulatory stall, and there is no standard accessible stall provided. ST15 24 months
7. Men’s Toilet Room with Stalls:    
a. The toilet room sign is mounted on the door and has no raised or Braille characters. TR17 24 months
b. The door is inaccessible because it has an opening width of 30 inches. D25 24 months
c. The door is inaccessible because knob hardware is used. D1 24 months
d. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. TR21 24 months
e. No accessible mirror has been provided. TR14 24 months
f. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. TR12 24 months
g. The urinal is inaccessible because the rim is 22 inches high. TR20 24 months
h. The designated accessible stall is incorrectly configured as an ambulatory stall, and there is no standard accessible stall provided. ST15 24 months
4. Tax Office, located at 214 Titus Road, Gilmer    
1. Parking:    
a. The parking lot, with a total of 32 parking spaces, is inaccessible because it only has 2 spaces designated as accessible. This lot requires 1 van accessible space and 1 standard accessible space. P3 12 months
b. The parking lot is inaccessible because there are no access aisles. P1 12 months
c. The designated accessible parking is inaccessible because the signs are mounted too low. P6 12 months
d. The designated accessible parking on the right, facing the building, is inaccessible because it has a cross slope of 6.1%. P7 12 months
2. Route from Parking Entrance:    
a. The curb ramp is inaccessible because it has a slope of 14.7%. AR5 12 months
b. The route is inaccessible because it is not firm, stable and slip-resistant. AR1 12 months
3. Entrances: The building does not have directional signage posted at inaccessible entrances and does not have the International Symbol of Accessibility posted at accessible entrances. D16 12 months
4. Single-User Toilet Room:    
a. The toilet room sign is mounted on the door and has no raised or Braille characters. TR17 12 months
b. No accessible mirror has been provided. TR14 12 months
c. The soap dispenser is inaccessible because it is mounted 46 inches high over the lavatory. TR4 12 months
d. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. TR12 12 months
e. The toilet is inaccessible because its centerline is 20 inches from the side wall. SU15 12 months
f. The toilet is inaccessible because the flush control is on the closed side. SU1 12 months
g. The paper towel dispenser protrudes into the walkway and is not detectable to blind persons using a cane. AR8 12 months
5. Porter Building (Adult Probation), located at 405 US Hwy 271N, Gilmer    
1. Parking: The parking lot, with a total of 3 parking spaces, is inaccessible because no designated accessible space is provided. This lot requires 1 van accessible space. P3 12 months
2. Route to Entrance:    
a. The route from the parking lot to the entrance is inaccessible because there is a change in level exceeding 1/2 inch where the blacktop pavement meets the concrete walkway. AR1 12 months
b. The route from the parking lot to the entrance is inaccessible because there is a slope of 14.8%. AR1 12 months
3. Probation Office Reception Counter: The counter is inaccessible because it is 37 1/2 inches high. C6 12 months
4. Women’s Single User Toilet Room:    
a. The toilet room sign is mounted on the door, lacks the International Symbol of Accessibility, and has no raised or Braille characters. TR17 12 months
b. No accessible mirror has been provided. TR14 12 months
c. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. TR12 12 months
d. The toilet is inaccessible because its centerline is 19 inches from the side wall. SU15 12 months
e. The toilet paper dispenser is inaccessible because it is mounted 40 inches from the rear wall. SU17 12 months
f. The toilet is inaccessible because the side grab bar is 41 inches long and it is mounted 46 inches from the rear wall. SU6 12 months
5. Men’s Single-User Toilet Room:    
a. The toilet room sign is mounted on the door, lacks the International Symbol of Accessibility and has no raised or Braille characters. TR17 12 months
b. No accessible mirror has been provided. TR14 12 months
c. The urinal is inaccessible because the rim is 23 inches high. TR20 12 months
d. The toilet is inaccessible because the flush control is on the closed side. SU1 12 months
e. The toilet paper dispenser is inaccessible because it is mounted 41 inches from the rear wall. SU17 12 months
f. The toilet is inaccessible because there is insufficient clear floor space provided. SU16 12 months
g. The paper towel dispenser protrudes into the walkway and is not detectable to blind persons using a cane. AR8 12 months
6. Sheriff’s Department Single-User Toilet Room:    
a. The toilet room sign is mounted on the door, lacks the International Symbol of Accessibility and has no raised or Braille characters. TR17 12 months
b. The toilet room door swings into the required clear floor space at the lavatory. TR6 12 months
c. No accessible mirror has been provided. TR14 12 months
d. The paper towel dispenser is inaccessible because it is mounted with the controls 58 inches high. TR5 12 months
e. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. TR12 12 months
f. The urinal is inaccessible because the rim is 23 1/2 inches high and the flush control is 45 inches high. TR20 12 months
g. The toilet is inaccessible because its centerline is 19 inches from the side wall. SU15 12 months
h. The toilet is inaccessible because the flush control is on the closed side. SU1 12 months
i. The toilet paper dispenser is inaccessible because it is mounted 44 inches from the rear wall. SU17 12 months
6. Upshur County Justice Center, located at 405 Titus, Gilmer    
1. Parking:    
a. The designated accessible parking space is inaccessible because it lacks “van-accessible” vertical signage. P6 24 months
b. The designated accessible parking is inaccessible because the signs are mounted too low. P6 24 months
c. The parking lot is inaccessible because there is no access aisle for the parking space to the far right in front of the main entrance. P1 24 months
2. Reception Counter: The counter is inaccessible because it is 41 inches high. C6 24 months
3. Holding Cell #108:    
a. The door is inaccessible because it has an opening width of 29 inches. D25 24 months
b. The toilet is inaccessible because there is insufficient clear floor space provided. SU16 24 months
c. The stall door is inaccessible because it has an opening width of 21 1/2 inches. D25 24 months
d. There are no grab bars provided at the designated accessible toilet. ST11 24 months
e. The lavatory is inaccessible because it lacks sufficient clear floor space. TR8 24 months
4. Exercise Room B Single User Toilet Room:    
a. The toilet is inaccessible because its centerline is 26 inches from the side wall. SU15 24 months
b. There is no side grab bar provided at the designated accessible toilet. ST11 24 months
5. Cell D22 (accessible cell):    
a. The transfer shower is inaccessible because the transfer seat is missing. B10 24 months
b. There is no accessible shower provided. B8 24 months
c. The shower is inaccessible because the shower head is higher than 48 inches above the finished floor. B11 24 months
6. Lift in the Lobby near the Main Entrance: The lift is inaccessible because it requires an employee to operate. LF1 24 months
7. Women’s First Floor Toilet Room with Stalls:    
a. The toilet room sign is mounted on the door, lacks the International Symbol of Accessibility and has no raised or Braille characters. TR17 24 months
b. The soap dispenser is inaccessible because it is mounted with the controls 56 inches high. TR5 24 months
c. The lavatory is inaccessible because the bottom edge of the apron is 27 inches high and there is insufficient clear-floor space. TR9 24 months
d. The designated accessible stall is incorrectly configured as an ambulatory stall, and there is no standard accessible stall provided. ST15 24 months
8. Men’s First Floor Toilet Room with Stalls:    
a. The toilet room sign is mounted on the door, lacks the International Symbol of Accessibility and has no raised or Braille characters. TR17 24 months
b. The lavatory is inaccessible because the bottom of the apron is 26 inches high. TR11 24 months
c. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. TR12 24 months
d. The designated accessible stall is incorrectly configured as an ambulatory stall, and there is no standard accessible stall provided. ST15 24 months
e. No accessible coat hook has been provided. TR1 24 months
9. Lobby Drinking Fountain: Although a designated accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. DF3 24 months
10. Fingerprint Machine: The fingerprinting machine is inaccessible because it is 42 inches high. C6 24 months
11. Fingerprinting Area Single-User Toilet Room: The toilet room contains a number of inaccessible elements and is not accessible to people with disabilities. SU13 24 months
12. Justice of the Peace: The door to the Justice of the Peace is inaccessible because knob hardware is used. D1 24 months
13. District Attorney’s Office: The door is inaccessible because knob hardware is used. D1 24 months
14. District Clerk’s Office:    
a. The door is inaccessible because knob hardware is used. D1 24 months
b. The pull side of the door, which is accessed from the latch side of the door, is inaccessible because it has insufficient clear space on the latch side. D10 24 months
15. Women’s Lobby Toilet Room with Stalls:    
a. The toilet room sign is mounted on the door, lacks the International Symbol of Accessibility, and has no raised or Braille characters. TR17 24 months
b. The lavatory is inaccessible because the bottom of the apron is 27 inches high. TR11 24 months
c. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. TR12 24 months
d. The designated accessible stall is incorrectly configured as an ambulatory stall, and there is no standard accessible stall provided. ST15 24 months
e. No accessible coat hook has been provided. TR1 24 months
16. Men’s Lobby Toilet Room with Stalls:    
a. The toilet room sign is mounted on the door, lacks the International Symbol of Accessibility and has no raised or Braille characters. TR17 24 months
b. The lavatory is inaccessible because the bottom of the apron is 27 inches high. TR11 24 months
c. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. TR12 24 months
d. The urinal is inaccessible because the rim is 24 inches high, lacks the required clear floor space, and has a flush control mounted at 51 inches high. TR20 24 months
e. The designated accessible stall is incorrectly configured as an ambulatory stall, and there is no standard accessible stall provided. ST15 24 months
f. No accessible coat hook has been provided. TR1 24 months
17. 115th Judicial District Courtroom:    
a. The courtroom, containing 62 seats, is inaccessible because no wheelchair seating areas are provided. A total of 4 wheelchair seating areas is required. AA6 24 months
b. The judge’s bench, witness stand, and jury box are inaccessible because they can be accessed only by steps. AA8 24 months
c. The courtroom is inaccessible to people with hearing disabilities because, although there are 62 fixed seats, there is no assistive listening system provided. AA4 24 months
d. The route to the jury room is inaccessible because it is 34 inches wide. AR2 24 months
e. The attorney tables are inaccessible because the keyboard is on a table 28 inches high. C3 24 months
18. Jury Room Men’s Toilet Room:    
a. The door to the men’s toilet room is inaccessible because it has an opening width of 25 inches. D25 24 months
b. The toilet room sign is mounted on the door, lacks the International Symbol of Accessibility and has no raised or Braille characters. TR17 24 months
c. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. TR12 24 months
d. There are no grab bars provided at the designated accessible toilet. ST11 24 months
e. The designated accessible toilet is inaccessible because there is insufficient clear floor space. ST18 24 months
f. The toilet room door swings into the required clear floor space at the lavatory. TR6 24 months
19. Jury Room Women’s Toilet Room:    
a. The toilet room sign is mounted on the door, lacks the International Symbol of Accessibility and has no raised or Braille characters. TR17 24 months
b. The door to the women’s toilet room is inaccessible because it has an opening width of 24 1/2 inches. D25 24 months
c. There are no grab bars provided at the designated accessible toilet. ST11 24 months
d. The designated accessible toilet is inaccessible because there is insufficient clear floor space. ST18 24 months
e. The toilet room door swings into the required clear floor space at the lavatory. TR6 24 months
f. The route to the toilet rooms in the jury room is inaccessible because it has a width of 33 1/2 inches. AR2 24 months
g. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the jury room. TR21 24 months

 

Project Civic Access | ADA Home Page