Attachment I: Modifications to Newly Constructed Facilities

Please Note: Paragraph 52 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the City will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

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

  1. Within 24 months of the effective date of this Agreement, the City will complete the following modifications to the Hyde Park - Sal Maglie Stadium, located at Hyde Park Boulevard:
    1. Parking: Although there are 146 parking spaces, including 7 designated as reserved for persons with disabilities, there is no designated van accessible parking space. On the shortest accessible route to the accessible entrance, provide one van accessible space a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).
    2. Directional signage to elevator: The facility is inaccessible because there is no signage directing people to the elevator. Provide accessible directional signage to the elevator with the International Symbol of Accessibility at all entrance gates to the stadium. Standards §§ 4.1.3(8)(d), 4.1.3(16)(b), 4.13, 4.30.
    3. Route from dugouts to playing field: There is no accessible route connecting either the visitor dugout or the home team dugout to the playing field. At each location, provide an accessible route connecting the wheelchair seating locations to all spaces used by performers. Standards §§ 4.1.3(19)(a), 4.3, 4.33.5.
    4. South stadium box office ticket counter: The top of the ticket counter is mounted at 43 inches above the ground, and the communication portal is not accessible. 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 and a communication above the finished floor. Standards §§ 4.1.1(2), 7.2(1), 4.1.3(1), 4.3.
    5. North stadium box office ticket counter: The top of the ticket counter the is mounted 44 inches above the ground, and the communication portal is 62 inches high. 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 and a communication portal that is between 40 and 48 inches above the finished floor. Standards §§ 4.1.1(2), 7.2(1), 4.1.3(1), 4.1.6(1)(b), 4.2, 4.3, Fig. A3.
    6. Concession counters: The top of the concession counters are 43 inches above the floor. Provide counters dispersed throughout the facility on accessible routes such that each counter has a portion at least 36 inches wide and no more than 36 inches above the finished floor. Standards §§ 4.1.1(2), 7.2(1), 4.1.3(1), 4.3.
    7. Stadium seating area: The stadium provides seating for 2500 people, but the wheelchair seating provided is inaccessible because: each type of wheelchair seating area is only 40-47 inches deep for a front approach; fixed companion seating is not provided for each wheelchair seating area; and no wheelchair seating areas are provided in the area with fixed chairs. Provide 26 wheelchair seating areas, each with a minimum clear ground or floor space of 33 inches wide by 48 inches deep for forward or rear access, or 33 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of admission prices and lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating location so that each wheelchair user can be seated alongside a companion. Standards §§ 4.1.3(19)(a), 4.5, 4.33, Fig. 46.
    8. Platform lift: The lift to the locker room level requires a key that is not readily available. Provide a lift at this location that facilitates unassisted entry, operation, and exit from the lift. Standards §§ 4.1.3(5), 4.11.3.
    9. Visitors' locker room drinking fountain: Although a drinking fountain is provided, there is no accessible drinking fountain because the water height of the lower fountain is 3 inches. Provide a drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high. Standards §§ 4.1.3(10), 4.15, 4.27.4, Fig. 27.
    10. Higher drinking fountains: At all drinking fountain locations, the higher drinking fountain protrudes into the walkway and is not detectable to a blind person using a cane. Provide a circulation path at each 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. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.4.
    11. Men's south toilet rooms with stalls
      1. The lavatory rim is 35 inches above the finished floor. 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), 4.22.6, 4.19.2, Fig. 31.
      2. The lavatories protrude into the walkway and are not detectable to a blind person using a cane. Provide a circulation path 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. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.4.
      3. The lower urinal is mounted with its rim at 18 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.
      4. Toilet stall for wheelchair users

        (1) The toilet centerline is 16 inches from the side wall. Provide a toilet with a centerline that is 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30. (1)

        (2) The flush control is on the closed side. Provide a flush control mounted on the "open" 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), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

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

    12. Women's south toilet room with stalls
      1. The sanitary napkin dispenser is inaccessible because the controls require twisting and pinching to operate. Provide a sanitary napkin 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), 4.27.4.
      2. The lavatories protrude into the walkway and are not detectable to a blind person using a cane. Provide a circulation path 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. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.4.
      3. Toilet stall for wheelchair users

        (1) The toilet centerline is 15 inches from the side wall. Provide a toilet with a centerline that is 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

    13. Women's north toilet room with stalls
      1. The lavatories protrude into the walkway and are not detectable to a blind person using a cane. Provide a circulation path 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. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.4.
      2. The sanitary napkin dispenser is inaccessible because the controls require twisting and pinching to operate. Provide a sanitary napkin 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), 4.27.4.
      3. Although there are 8 toilet stalls, no ambulatory stall is provided. Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig 30(d). Standards §§ 4.1.3(11), 4.22.4, Fig. 30(d).
    14. Men's north toilet room with stalls
      1. The force required to open the interior vestibule door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).
      2. The lavatories protrude into the walkway and are not detectable to a blind person using a cane. Provide a circulation path 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. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.4.
      3. The soap dispenser is inaccessible because the controls are mounted at 49 inches above the finished floor over a 7 inch obstruction and require a forward reach. Provide a soap dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
    15. Visitors' locker room
      1. Accessible toilet room signage is not provided. Provide a toilet room sign with 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.
      2. The lavatory is inaccessible because faucet operation requires tight grasping, pinching, or wrist twisting. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
      3. The urinal rim height is 18 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.
      4. No accessible shower is provided. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.
    16. Home locker room
      1. The toilet room sign is not mounted on the latch side of the door. Provide a toilet room sign with 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.
      2. The lower urinal is not accessible because the door of the stall for wheelchair users swings into the required clear floor space at the lower urinal. Ensure that no door swings into the required clear floor space at any accessible fixture. Standards §§ 4.1.3(11), 4.22.2.
      3. The lavatory is inaccessible because the apron height is only 28 inches, the knee space is only 7 inches deep in the height range of 12 to 28 inches, and faucet operation requires tight grasping, wrist twisting, or pinching. 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; knee and toe clearances that comply with Fig. 31; hot water and drain pipes covered or otherwise configured to protect against contact; clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory; and a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(11), 4.22.6, 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.
      4. No accessible shower is provided. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.
      5. 1. Shifting a toilet a small distance to comply with the centerline requirement need not be expensive. The important factor is maintaining the correct distance between the side grab bar and the toilet. Options include moving the partition on which the grab bar is mounted or installing an offset flange to shift the toilet. Another option is to mount the grab bar on a board attached to the side wall or partition. The board must extend 1 inches below the grab bar and 18 inches above the grab bar to achieve the appropriate distance between the toilet and grab bar.

         

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