Attachment J: Program Access in Existing Facilities

 

Pursuant to Paragraph 49 of the Agreement, within three months of the effective date of the 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.

 

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.

 

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 three years of the effective date of this Agreement, the City shall complete the following modifications to the Police/Fire Department Administration Building:

 

a.         Parking

 

i.          Although 2 of the 22 parking spaces are designated as reserved for people with disabilities, no spaces are designated as "van accessible," no spaces are served by access aisles, and the paving is so broken that it is no longer firm, stable, and slip-resistant.  On the shortest accessible route to the accessible entrance, provide one van accessible space designated as reserved for people with disabilities.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

b.         Men's Toilet Room with Stalls

 

i.          The room sign is mounted on the door and does not have raised or Braille characters.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

 

ii.          The door requires 12 pounds of pressure 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).

 

iii.         The lavatory hot water and drain pipes are not covered 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.

 

iv.         The lavatory faucet has round knobs.  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 §§ 4.19.5, 4.27.4.

 

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

 

vi.         There is no toilet stall that is accessible to persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

vii.        There is no accessible coat hook.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

c.         Women's Toilet Room with Stalls

 

i.          The room sign is mounted on the door and does not have raised or Braille characters.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

 

ii.          There is inadequate maneuvering space on the pull/latch side of the entry door.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door, or provide an automatic door opener.  Standards § 4.13.6, Fig. 25(a).

 

iii.         The door requires 10 pounds of pressure 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).

 

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

 

v.         The lavatory hot water and drain pipes are not covered 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.

 

vi.         The lavatory faucet has round knobs.  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 §§ 4.19.5, 4.27.4.

 

vii.        There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

viii.       There is no accessible coat hook.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

d.         Lobby Service Counter

 

i.          The  service counter in the lobby is 41 inches above the finished floor and there  is no lower auxiliary counter or equivalent facilitation 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, 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 §§ 7.2(2), 4.3.

 

e.         Police Prisoner Holding Area

 

i.          The toilet room inside the holding cell area does not contain any accessible features.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.  Alternatively, develop and implement a program access solution and report it to the Department.

 

2.         Within twelve months of the effective date of this Agreement, the City shall complete the following modifications to the Department of Public Works Building:

 

a.         Parking

 

i.          Although 2 of the 10 parking spaces are designated for people with disabilities, neither is marked as "van-accessible;" the paving is not firm, stable, and slip-resistant due to cracking and potholes; and there is a built-up curb ramp in one of the access aisles.  On the shortest accessible route to the accessible entrance, provide one van accessible space designated as reserved for people with disabilities.  Ensure that van accessible space is a minimum of 96 inches wide and served by access aisle 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 "Van-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.         Ramp at Public Entrance

 

i.          The ramp into the public building has no handrails.  Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides.  Provide handrails that are between 1 inches and 1 inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.3.8, 4.8.

 

c.         Entrance into Public Building

 

i.          The entry vestibule has insufficient depth to provide adequate maneuvering space for persons who use wheelchairs.  Provide a designated accessible entrance that has at least one active leaf with a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop; that has a minimum space between two hinged or pivoted doors of 48 inches plus the width of any door swinging into the space, with doors swinging in either the same direction or away from the space between the doors; that has either an automatic door operator or clear and level maneuvering clearance that complies fully with Fig. 25; and that has a threshold not exceeding inch in height and beveled with a slope no greater than 1:2.  Ensure that all hardware and operating devices have shapes that are easy to grasp with one hand and do not require tight grasping, pinching or twisting of the wrist to operate; and that they are mounted no higher than 48 inches above the finished floor.  Standards § 4.13, Figs. 24, 25, 26.

 

3.         Within twelve months of the effective date of this Agreement, the City shall complete the following modifications to the Fire Station Park #1:

 

a.         Although one of the 17 parking spaces is designated as reserved for people with disabilities, there is no vertical sign with the symbol of access, no access aisle, it is not on the shortest route to the park entrance, and the paving is broken up so that it no longer provides a firm, stable, and slip-resistant surface.  On the shortest accessible route to the accessible entrance, provide one van accessible space designated as reserved for people with disabilities.  Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle 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 "Van-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.         There is no accessible route to any piece of play equipment.  Provide at least one accessible route within the boundary of the site connecting the general route and at least one piece of play equipment 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 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.         Although there is a playground drinking fountain accessible to persons who use wheelchairs, there is no fountain accessible to persons who cannot bend or stoop.  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 "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.15, 4.27.4, Fig. 27.

 

d.         The playground drinking fountain protrudes into a circulation path and 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.

 

4.         Within twelve months of the effective date of this Agreement, the City shall complete the following modifications to the Fire Station Park #2:

 

a.         Although there are 15 parking spaces, none are designated as reserved for persons with disabilities.  On the shortest accessible route to the accessible entrance, provide at least one van accessible space designated as reserved for people with disabilities.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

b.         Neither of the two picnic tables under pavilion are accessible to people who use wheelchairs and neither is on an accessible route.  Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground.  Also provide at least one accessible route to a picnic table 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 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. Standards §§ 4.32.3, 4.32.4.

 

5.         Within three years of the effective date of this Agreement, the City shall complete the following modifications to the Grand Traverse Senior Activity Center & Baker Library:

 

a.         Although 4 of the 77 parking spaces are designated as reserved for people with disabilities, no are spaces designated as "van accessible" and 2 of the 4 spaces reserved for persons with disabilities are not served by access aisles.  On the shortest accessible route to the accessible entrance, provide one van accessible space and two standard spaces designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

b.         Women's Toilet Room with Stalls.

 

i.          The room sign is mounted on the door and does not have the International Symbol of Accessibility.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

 

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

 

iii.         The faucet handles require more than 5 pounds of pressure to operate. Provide faucet handles 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.

 

iv.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  If it is technically infeasible to install a required standard stall, either alternate stall (Fig 30(b) may be provided in lieu of the standard stall.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

c.         Men's Toilet Room with Stalls

 

i.          The room sign is mounted on the door and does not have the International Symbol of Access.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

 

ii.          The door requires 15 pounds of pressure 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).

 

iii.         There is inadequate maneuvering space on the pull/latch side of the door.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door, or provide an automatic door opener.  Standards § 4.13.6, Fig. 25(a).

 

iv.         The lavatory hot water and drain pipes are not covered 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.

 

v.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

d.         Senior Activity Center

 

i.          The door requires 15 pounds of pressure 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).

 

ii.          There is no accessible route to the stage/performing area.  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 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.