Attachment K: Program Access in Existing Facilities

 

 

Please Note: Paragraph 50 of the Agreement requires that within three months of the effective date of this Agreement, the Pike County Fiscal Court 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 Pike County Fiscal Court'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 disabilities, the Pike County Fiscal Court will take the following actions:

1. Provision of accessible passenger vans: Although the County has eight 15-passenger vans that serve the seven senior citizen centers, none of the vans are accessible to persons who use wheelchairs. If a passenger van is purchased to serve the County's senior citizens during the life of this Agreement, the County will acquire at least one passenger van with a wheelchair lift to provide program access. Additionally, the County will implement policies to ensure the accessible van's availability to persons who use wheelchairs. In the interim, within 180 days of the effective date of this Agreement, the County shall identify an accessible means of transportation that will transport people who use disabilities to ensure their equal participation in the Fiscal Court's activities. 28 C.F.R. § 36.202(b).

2. Within eighteen months of the effective date of this Agreement, the County will complete the following modifications to the Belfry Courthouse, located at 25320 U.S. Highway. 119, Belfry:

a. Parking: Although the parking lot has a total of 53 parking spaces, including 2 designated as accessible, three accessible parking spaces are required, no van accessible parking space is provided, no access aisle is profided at either of the designated accessible parking spaces, and no vertical signage is provided at either designated accessible parking space. 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 "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. Signage at exterior entrances: The building is inaccessible because there is no signage provided at inaccessible entrances directing users to the accessible entrance, and no signage at accessible entrances designating them as accessible. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

c. Main (front) entrance: The built-up curb ramp that connects the parking lot surface to the landing outside of the main entry door is not firm, stable, and slip-resistant, the bottom edge has an abrupt vertical rise, and it is obstructed by parked vehicles. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards § 4.3.8, 4.7, Fig. 12.

d. Rear entrance

i. Where the parking lot surface connects to the landing outside of the rear entry door, there is a 1 ½ inch change in level. 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 ½ 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.

ii. The rear entrance door, which is accessed by a front approach and has a closer and a latch, has insufficient space at the latch on the push side of the door. On the push side of the door, provide maneuvering clearance at least 48 inches deep and provide a minimum of 12 inches of maneuvering clearance on the latch side of the door, or remove the closer or the latch. Alternatively, provide an automatic door opener located on an accessible route. Standards § 4.13.6, Fig. 25(a).

e. Permanent room signage: Throughout the facility, the permanent room signage provided does not comply with the Standards. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

f. Door hardware throughout facility: Throughout the facility, interior doors have knob hardware that requires tight grasping and twisting of the wrist to operate. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

g. Lobby drinking fountain: Although a drinking fountain is provided, there is no accessible drinking fountain because it does not have adequate knee clearance. In addition, no access is provided for persons who have trouble bending or stooping. Provide at least one 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, or provide a cup dispenser within accessible reach ranges. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. Additionally, 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.

h. Counters: The top of the counters in the main lobby, County Clerk's Office, and Solid Waste Office are 40-42 inches above the finished floor. At each location, 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.

i. Unisex single user toilet room in Health Department Clinic: This toilet room is not accessible to persons with disabilities and there is no signage directing people with disabilities to any accessible toilet rooms. Provide accessible directional signage with the International Symbol of Accessibility at this inaccessible toilet room indicating the location of the closest accessible toilet rooms and provide accessible signage with the International Symbol of Accessibility at the accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

j. Women's toilet room

i. The toilet room sign is inaccessible. 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 two doors in a series to enter the toilet room are inaccessible because the pressure required to open each door is 17 pounds. Provide doors that require no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The soap dispenser controls are mounted at 55 inches above the finished floor over the lavatory. 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iv. The wall-mounted air dryer protrudes into the main walkway and is not detectable to a blind person or person with low vision 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. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

v. The hot water and drain pipes at the lavatory 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 wheelchair users: Although a toilet stall with parallel side grab bars is provided, there is no toilet stall provided 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.

k. Men's toilet room

i. The toilet room sign is inaccessible. 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 two doors in a series to enter the toilet room are inaccessible because the pressure required to open the first door is 24 pounds, and the pressure required to open the second door is 20 pounds. Provide doors that require no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The soap dispenser controls are mounted at 53 inches above the finished floor over the lavatory. 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iv. The route through the toilet room is inaccessible because the wall-mounted air dryer protrudes into the main walkway and is not detectable to a blind person or person with low vision 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. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

v. The hot water and drain pipes at the lavatory 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. The urinal rim is mounted 19 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 §§ 4.18.2, 4.18.3, 4.18.4.

vii. Toilet stall for wheelchair users: Although a toilet stall with parallel side grab bars is provided, there is no toilet stall provided 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.

3. Within eighteen months of the effective date of this Agreement, the County will complete the following modifications to the Elkhorn Senior Citizens Center, located at 1035 West Russell Street, Elkhorn City:

a. Parking: Although the parking lot has a total of 30 parking spaces, including 2 purportedly accessible spaces, the van accessible parking space lacks the required signage and the standard parking space lacks an access aisle. On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 1 standard space 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 "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. Women's toilet room

i. The toilet room sign is not mounted on the latch side of the door and it does not have raised letters or Braille. 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 pressure required to open the toilet room door is 19 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The route through the toilet room is inaccessible because the wall-mounted paper towel dispenser protrudes into the path of travel and is not detectable to a blind person or person with low vision 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. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

iv. The paper towel dispenser requires tight grasping to operate. Provide a paper towel dispenser with mechanical controls, if any, that can be operated with 5 pounds of force 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). Ensure that the controls are a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that it 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 §§ 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.

v. Toilet stall for wheelchair users

(1) The toilet centerline measures 17 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.

(2) The toilet 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 §§ 4.16.5, 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(4) The far end of the side grab bar is mounted 48 inches from the rear wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d), 39.

c. Men's toilet room

i. The toilet room sign is not mounted on the latch side of the door and it does not have raised letters or Braille. 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 pressure required to open the toilet room door is 20 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The route through the toilet room is inaccessible because the wall-mounted paper towel dispenser protrudes into the path of travel and is not detectable to a blind person or person with low vision 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. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

iv. The paper towel dispenser requires tight grasping to operate. Provide a paper towel dispenser with mechanical controls, if any, that can be operated with 5 pounds of force 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). Ensure that the controls are a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that it 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 §§ 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.

v. Toilet stall for wheelchair users

(1) 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 § 4.17.3, Fig. 30.

(2) 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(3) The toilet paper dispenser is mounted 40 ½ inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ 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).

(4) The far end of the side grab bar is mounted 48 inches from the rear wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d), 39.

4. Within eighteen months of the effective date of the Agreement, the County will complete the following modifications to Hardy Park, located at 2480 State Highway 319, Hardy:

a. Parking (lower level, near pool)

i. Although the parking lot can accommodate approximately 30 cars, there are no spaces designated as reserved for people with disabilities. On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 1 standard space 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 "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).

ii. The built-up ramp parking lot to the pool gate protrudes into the parking space/access aisle and there is a 3 ½ inch change in level at the bottom of the ramp. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards § 4.3.8, 4.7, Fig. 12.

b. Route from parking (lower level, near pool) to pool gate: The route from the lower level parking lot to the pool gate is inaccessible because the surface is not firm, stable, and slip resistant; and the section of the route that connects the sidewalk to the pool gate has a running slope of 22.6%. 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 ½ 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. Pool building 1

i. Men's and women's toilet rooms: To the extent that they do not already exist, provide accessible men's and women's toilet rooms such that all of the room's elements, including signage, door, door hardware, clear floor space, water closet, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

ii. Men's and women's shower rooms: To the extent that they do not already exist, provide an accessible shower in the men's and women's shower rooms. Each such shower shall be 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), 4.1.6(1)(b), 4.21, Figs. 35, 36, 37.

1 The Department of Justice was not able to inspect the pool building because it was  winterized at the time of our inspection.  However, maintenance staff working at the park on the day of our inspection informed us that there are toilet rooms and shower rooms inside of the pool building. 

d. Picnic pavilions: No accessible route is provided to any of the three picnic pavilions. Provide an accessible route to one of the picnic pavilions from the parking adjacent to the chosen pavilion. 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 ½ 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.

e. Parking on hill, near pool picnic area and playground: Although the parking lot can accommodate approximately 5 cars, there are no spaces designated as reserved for people with disabilities, and the surface is not firm, stable and slip-resistant. Provide one van accessible space designated as reserved for people with disabilities at this location. 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 "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).

f. Route from parking on hill to to pool picnic area and playground: The route from the parking lot to the pool picnic area and the playgound is inaccessible because there is no curb ramp provided, and the surface is not firm, stable, and slip-resistant. 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 ½ 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.

g. Playground: None of the play equipment is usable by children with disabilities. Ensure program access by providing at least one piece of play equipment that is on an accessible route and has a transfer platform to enable children who use wheelchairs to use it.

h. Parking at baseball diamonds: Although the parking lot can accommodate approximately 20 cars, there are no spaces designated as reserved for people with disabilities, and the surface is not firm, stable and slip-resistant. Provide one van accessible space designated as reserved for people with disabilities at this location. 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 "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).

i. Route from parking to baseball diamonds: This route is not accessible because the surface is not firm, stable, and slip-resistant. 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 ½ 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.

j. Baseball diamond seating: No accessible seating areas are provided at either of the two baseball diamonds, with one containing approximately 100 seats, and the other containing approximately 25 seats. Provide 4 wheelchair seating areas at the first diamond and 1 wheelchair seating area at the second diamond, 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 area. Standards §§ 4.1.3(19)(a), 4.5, 4.33, Fig. 46.

k. Concessions stand at baseball diamonds

i. The route from the baseball diamonds to the concession stand is not firm, stable, and slip-resistant, and there is an abrupt 4-inch change in level between the grass and the cement slab landing at the concession stand. 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 ½ 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.

ii. The concessions stand counter is mounted 38 ½ inches above the finished floor, and it protrudes 5 3/4 inches into the circulation route in front of the concessions stand and is not detectable to a blind person or person with low vision using a cane. 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. Standards §§ 7.2(1), 4.3. 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 § 4.4.

l. Women's toilet room with stalls at baseball diamonds

i. The route from the baseball diamonds to the toilet room is not firm, stable, and slip-resistant. 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 ½ 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.

ii. No accessible toilet room sign is 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.

iii. The hot water and drain pipes under the lavatory are not covered or otherwise configured to prevent against contact, and faucet operation requires twisting of the wrist. 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 §§ 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

iv. Toilet stall for wheelchair users

(1) The toilet centerline measures 17 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.

(2) The toilet 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 §§ 4.16.5, 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(4) The toilet paper dispenser is not mounted on the wall closest to the toilet. Provide a toilet paper dispenser that is mounted with its top at least 1½ 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).

(5) No side or rear grab bars are provided. 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, and a side grab bar that is at least 40 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. Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§ 4.17.6, 4.26.2, Figs. 30, 39.

m. Men's toilet room with stalls at baseball diamonds

i. The route from the baseball diamonds to the toilet room is not firm, stable, and slip-resistant. 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 ½ 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.

ii. No accessible toilet room sign is 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.

iii. The hot water and drain pipes under the lavatory are not covered or otherwise configured to prevent against contact, and faucet operation requires twisting of the wrist. 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 §§ 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

iv. The urinal rim is mounted 19 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 §§ 4.22.5, 4.18.2, 4.18.3, 4.18.4.

v. Toilet stall for wheelchair users

(1) 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(2) No side or rear grab bars are provided. 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, and a side grab bar that is at least 40 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. Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§ 4.17.6, 4.26.2, Figs. 30, 39.

n. Parking adjacent to mini-golf course and tennis courts: Although the parking lot can accommodate approximately five cars, there are no spaces designated as reserved for people with disabilities. On the shortest accessible route to the accessible entrance, provide one van accessible space a minimum of 96 inches wide, served by an access aisle at least 96 inches wide, with a vertical sign with the International Symbol of Accessibility located such that it 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).

o. Gazebo: There is a 13 inch step up to the gazebo. 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 ½ 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.

p. Ramp from mini-golf course area to tennis courts: The ramp from the mini-golf course to the tennis courts is inaccessible because: (1) the bottom of the ramp has a running slope of 10.2% and a cross slope of 2.6%; (2) the top of the ramp has a running slope of 10.1%; (3) the ramp does not have sloped sides or edge protection; (4) the top landing has a running slope of 2.3%; and the ramp does not have 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 1¼ inches and 1½ 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 and 1½ inches from the wall, 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.

5. Within eighteen months of the effective date of this Agreement, the County will complete the following modifications to the Marrowbone Senior Citizen Center, located at 1644 Marrowbone Creek Road, Regina:

a. Parking: Although the parking lot has approximately 6 parking spaces, no spaces are reserved for people with disabilities. On the shortest accessible route to the accessible entrance, provide 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 "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. Route from parking to entrance: The route from the parking area to the ramp leading to the entrance is not firm, stable, and slip-resistant. 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 ½ 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. Ramp to entrance: The ramp leading to the entrance is inaccessible because: the top portion of the ramp has a running slope of 10.9%; the bottom portion of the ramp has cross slope of 3.5%; there is inadequate edge protection; one side of the ramp does not have a handrail; the handrail on the other side of the ramp does not have extensions, it is mounted 30 inches above the ground, and the handrail ends do not return smoothly to the post or ground. 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 1¼ inches and 1½ 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 and 1½ inches from the wall, 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.

d. Entrance: The distance between the entrance door and screen door is 2 inches and the doors' hardware requires pinching to operate. 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 ½ 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.

e. Door to quilt room: There is a 2 inch change in level at the door threshold. Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

f. Single user toilet rooms: Each of these single user toilet rooms contains a number of inaccessible elements and is not accessible to people with disabilities. Provide an accessible toilet room such that all of the room's elements, including signage, door, door hardware, clear floor space, water closet, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

6. Within eighteen months of the effective date of this Agreement, the County will complete the following modifications to Mountain Pub Links, located at 26 Hurts Bridge, Pikeville:

a. Parking: Although the parking lot has a total of 30 parking spaces, including one "standard" accessible parking space, no van accessible space is provided, and the existing standard parking spaces designated as reserved for persons with disabilities does not have an access aisle. On the shortest accessible route to the accessible entrance, provide one van accessible space and one standard space 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 "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. Route from parking to clubhouse: The ramp has a running slope of 10.9% and idoes not have 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 1¼ inches and 1½ 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 and 1½ inches from the wall, 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. Exterior doors to clubhouse (3)

i. The doors all have knob hardware. At each location, provide doors with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

ii. The door leading to the toilet room has a 3/4 inch threshold. Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

d. Unisex single user toilet room

i. The route to the toilet room is obstructed by the location of the vending machines. Provide an accessible route to the toilet room 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.

ii. The toilet room sign is mounted with its centerline 67 inches above the finished floor, is not mounted on the latch side of the door, and it lacks raised and Braille characters. 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.

iii. The toilet room door has knob hardware. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

iv. The toilet room door, which is accessed through a front approach, is inaccessible because there are 3 ½ inches of maneuvering space at the latch on the pull 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. Standards § 4.13.6, Fig. 25(a).

v. No accessible mirror is provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

vi. The paper towel dispenser is mounted 60 inches above the finished floor and requires pinching to operate. Provide a paper towel dispenser with mechanical controls, if any, that can be operated with 5 pounds of force 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). Ensure that the controls are a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that it 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 §§ 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.

vii. No knee and toe clearance is provided at the lavatory due to the cabinet, and faucet operation requires tight grasping, pinching, or twisting of the wrist to operate. 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 §§ 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

viii. The urinal rim is mounted 22 ½ 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 §§ 4.18.2, 4.18.3, 4.18.4.

ix. The top of the toilet seat is 15 ½ inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards § 4.16.3, Fig. 29(b).

x. The toilet centerline measures 12 ½ 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.

xi. The toilet 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 §§ 4.16.5, 4.27.4.

xii. There are no side or rear grab bars provided at the toilet. 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, and 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. Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bars and the wall; and at least 1½ inches between the grab bars and any object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§ 4.16.4, 4.26.2, Figs. 29, 39.

e. Portable toilets: Although two portable toilets are provided on the golf course, each contains a number of inaccessible elements and are not accessible to people with disabilities. Provide an accessible portable toilet on an accessible route of travel such that all of the toilet's elements, including signage, door, door hardware, clear floor space, water closet, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

7. Within eighteen months of the effective date of this Agreement, the County will complete the following modifications to Orville "Red" Morris Park, located next to the Blackberry Creek Senior Citizen Center on State Highway 1056 in McCarr:

a. Route from parking at senior center to walking track: The route from the access road to the walking track is not firm, stable, and slip-resistant. 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 ½ 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.

b. Picnic pavilions: Although three picnic pavilions are provided, none of the pavilions are located on an accessible route. Provide an accessible route to at least 1 picnic pavilion. 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 ½ 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. Playground: None of the play equipment is usable by children with disabilities. Ensure program access by providing at least one piece of play equipment that is on an accessible route and has a transfer platform to enable children who use wheelchairs to use it. 28 C.F.R. §§ 35.149, 35.150.

d. Portable toilet: Although a portable toilet is provided between the senior citizen center and the park, it contain a number of inaccessible elements and is not accessible to people with disabilities. Provide an accessible portable toilet located on an accessible route such that all of the toilet's elements, if provided, including signage, door, door hardware, clear floor space, water closet, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

e. Golf carts: Although there are golf carts for public use at this facility, none are accessible to persons who use wheelchairs. The next time that golf carts are purchased, the County will acquire at least one accessible golf cart to provide program access. Additionally, the County will implement policies to ensure the accessible cart's availability to persons with disabilities. These will include, for example, allowing persons with disabilities to reserve the cart or use it without reservations; renting out the accessible golf cart to non-disabled users only when all other carts are in use; charging the same for the use of the accessible cart as for the use of others; and maintaining it in good condition. The accessible cart may be used by non-disabled golfers when consistent with the policies set out above. 28 C.F.R. § 36.202(b).

8. Within eighteen months of the effective date of this Agreement, the County will complete the following modifications to the Pike County Hall of Justice, located at 172 Division Street, Pikeville:

a. Anticipated alterations: Alterations to this facility are anticipated by the County during the life of this Settlement Agreement. The County will submit to the Department for prior approval all construction documents including all plans and specifications, and significant change orders affecting accessibility for the Pike County Hall of Justice. The County will incorporate all modifications requested by the Department to ensure that the facilities comply fully with the ADA Standards for Accessible Design (Standards). These modification will be made before the facility is open for use or, if already open for use before the Department's comments are received, within three months of that date.

b. Parking: Although the parking lot has a total of 184 parking spaces, the parking reserved for persons with disabilities is inaccessible because: the van accessible parking reserved for persons with disabilities lacks the appropriate signage; the signage designating standard parking spaces as reserved for persons with disabilities is too low; there are no access aisles for the standard parking spaces reserved for persons with disabilities; the pavement markings are not clear; and the spaces are not level. On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 5 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 "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).

c. Fourth floor public telephone: The highest operable part is mounted 57 inches above the finished floor. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards. Standards §§ 4.31, 4.30.7(2).

d. Elevators

i. The elevator hall lanterns do not signal once for up and twice for down. Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call. Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say "up" or "down;" and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button. Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable. Standards § 4.10.4, Fig. 20.

ii. The elevator car position is not indicated at each floor by visual and audible means. Provide visual car position indicators above the car control panel or over the door to show the position of the elevator in the hoistway. Ensure that indicators emit an audible and visual signal as the car passes or stops at a floor served by the elevator, with the corresponding floor designation being illuminated; and that numerals are a minimum of ½ inch high. Standards § 4.10.13.

iii. No hoistway signage is provided at the elevators. Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high. Standards § 4.10.5, Fig. 20.

iv. Although emergency communications are provided in the elevator, the door to the emergency controls requires tight grasping to open. 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.

e. Permanent room signage: Throughout the building, permanent signs identifying rooms lack raised characters and Braille, and are not mounted on the latch side of the door. Provide permanent room signage throughout the facility with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.2(7), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

f. Door hardware: Throughout the facility, knob hardware requiring tight grasping and twisting of the wrist is used. At each location where such inaccessible hardware is used, provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

g. Reassignment of courtrooms and jury rooms: The County shall establish a policy and procedure for relocating programs, services, and activities at courtrooms and/or jury rooms throughout this facility to an accessible location upon request of a participant with a disability, including but not limited to witnesses, defendants, jurors, and audience members.

h. Fourth floor court and jury room (Judge Eddy Coleman, Circuit Court)

i. The route to the witness stand is 30 inches wide. Provide an accessible route to the witness stand 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.

ii. There is a step up to the jury box, and the opening to the jury box is 28 inches wide. Provide an accessible route to the jury box with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches, with no level changes in excess of ½ inch vertically. Standards §§ 4.3, 4.5, 4.13.5, Fig. 7.

iii. The pressure required to open the jury room door is 19 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iv. Although a coat rack is provided in the jury room, it is not within an accessible reach range. Provide a coat rack or a coat hook with a rod with 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 §§ 4.2.4, 4.2.5, 4.2.6, 4.25.2, 4.25.3.

v. The single user toilet rooms in the juror room contains a number of inaccessible elements and is not accessible to people with disabilities. Provide a unisex accessible toilet room or one for each gender such that all of the room's or rooms' elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

i. Third floor (Judge Darrel H. Mullins, District Court): There is a step up to the jury box, and the opening to the jury box is 28 inches wide. Provide an accessible route to the jury box with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches, with no level changes in excess of ½ inch vertically. Standards §§ 4.3, 4.5, 4.13.5, Fig. 7.

j. Commonwealth Attorney's Office (4th floor)

i. The office door opening width is 29 inches. Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24.

ii. The pressure required to open the office door is 21 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

k. Driver's License Office (3rd Floor): The counter is mounted 43 inches above the finished floor. 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.

l. Circuit Court Clerk Office (3rd Floor)

i. The counter is mounted 42 inches above the finished floor. 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.

ii. The counter protrudes into the walkway and is not detectable to a blind person or person with low vision 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 § 4.4.

m. Drinking fountains

i. Jail lobby drinking fountain: Although a drinking fountain is provided, it is inaccessible because the spout is 42 inches above the finished floor, the knee space width is 19 inches, the knee space depth is inadequate, and there is no access provided for persons who have trouble bending or stooping. Provide at least one drinking fountain at this location 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, or provide a cup dispenser within accessible reach ranges. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. Additionally, 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.

ii. Third floor drinking fountains: Although two drinking fountains are provided, neither is accessible because the knee space heights are 25 and 26 inches above the finished floor, and there is no access provided for persons with difficulty bending or stooping. Provide at least one 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, or provide a cup dispenser within accessible reach ranges. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. Additionally, 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.

iii. Fourth floor drinking fountains: Although two drinking fountains are provided, neither is accessible because the knee space heights are 25 and 26 inches above the finished floor, and there is no access provided for persons with difficulty bending or stooping. Provide at least one 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, or provide a cup dispenser within accessible reach ranges. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. Additionally, 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.

n. Common inaccessible features to all public toilet rooms on 3rd and 4th floors

i. The wall-mounted air dryers protrude into the circulation routes and are not detectable to a blind person or person with low vision using a cane. At each location, provide an accessible route such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

ii. The hot water and drain pipes under the lavatories are not insulated or otherwise configured to protect against contact. At each location, provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.

iii. Toilet stalls for wheelchair users: The far ends of the side grab bars at the toilets in the stalls for wheelchair users are mounted 47 inches from the rear wall, and the toilet paper dispensers are mounted above the side grab bars, interfering with the use of the side grab bars. At each location, provide side grab bars that are at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; at least 1½ inches between the grab bar and any object beside or below it; and at least 18 inches between the grab bar and any object above it. Standards §§ 4.17.6, 4.26.2, Fig. 39.

iv. There are no accessible coat hooks. At each location, 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.

v. The soap dispenser controls are mounted 58 - 60 ½ inches above the finished floor and require a side reach. At each location, provide a soap dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

vi. The toilet room stall doors swing into the required clear floor space at the lavatories. At each location, ensure that no door swings into the required clear floor space at any accessible fixture. Standards § 4.22.2.

o. Fourth floor women's toilet room: The toilet in the stall for wheelchair users is inaccessible because 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 §§ 4.16.5, 4.27.4.

p. Fourth floor men's toilet room

i. The route into the men's toilet room is 31 ½ inches wide. Provide an accessible route into the toilet room 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.

ii. The clear floor space at the urinal measures 28 ½ inches wide. 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 §§ 4.18.2, 4.18.3, 4.18.4.

iii. Toilet stall for wheelchair users: The top of the toilet seat is 20 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

q. Third floor men's toilet room

i. The clear floor space at the urinal measures 28 ½ inches wide. 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 §§ 4.18.2, 4.18.3, 4.18.4.

ii. Toilet stall for wheelchair users

(1) The top of the toilet seat is 21 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(2) 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 § 4.17.3, Fig. 30.

r. Jail holding cells: None of the holding cells have accessible toilets, lavatories, or mirrors. For each security level of inmates housed in the jail, provide an accessible holding cell such that all of the cell's elements, including door width, clear floor space, water closet, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

s. Jail showers for inmate use: No accessible showers are provided. In each area where an accessible holding cell is provided under the terms of the preceding paragraph, provide an accessible shower. Each such shower shall be 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), 4.1.6(1)(b), 4.21, Figs. 35, 36, 37.

t. Jail booking counter: The booking counter is mounted 47 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.3, 7.2(2).

u. Jail visitation room

i. The door to the visitation room on the "visitor" side has knob hardware that requires tight grasping or twisting of the wrist to operte. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

ii. On both the "inmate" and "visitor" sides of the visitation booths, there are fixed stools that prevent use by persons who use wheelchairs. Provide at least one booth that is accessible to persons who use wheelchairs, both on the "inmate" side and on the "visitor" side. Each wheelchair seating area at a visitation booth shall have clear floor space at least 30 inches wide and 48 inches deep. Standards §§ 4.22.6, 4.19.3, Fig. 32.

v. Work release lockers in sallyport: The work release lockers require tight grasping, pinching, or twisting of the wrist to open. Provide a work release locker that can be opened 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 § 4.27.4.

9. Within eighteen months of the effective date of this Agreement, the County will complete the following modifications to the Pike County Animal Shelter, located at 228 Pound Puppy Drive, Pikeville:

a. Route to entrance

i. The route from the parking area to the ramp is not firm, stable, and slip resistant. 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 ½ 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.

ii. There is no level landing at the bottom of the ramp, the running slope on the bottom and top legs of the ramp is 19%, there is a 1 inch change in level between the middle and top legs of the ramp, there is no edge protection, there is no handrail on one side of the ramp, and the handrail provided does not have extensions, and its ends are not rounded or returned to the post. 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 1¼ inches and 1½ 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 and 1½ inches from the wall, 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, 4.8, 4.26.

b. Puppy and cat room: The door to the puppy and cat room has a clear opening width of 30 inches. Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24.

c. Dog kennel area

i. The door to the dog kennel area has a clear opening width of 26 ½ inches and has knob hardware. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13, Fig. 25.

ii. There is inadequate space at the latch on both the push and pull sides of the door to the dog kennel area, which is accessed through a front approach and has a closer and latch. 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. On the push side of the door, provide maneuvering clearance at least 48 inches deep and provide a minimum of 12 inches of maneuvering clearance on the latch side of the door, or remove the closer or the latch. Standards § 4.13.6, Fig. 25(a).

10. Within eighteen months of the effective date of this Agreement, the County will complete the following modifications to the Phelps Courthouse Annex, located at 45 Pearl Street, Phelps:

a. Parking: Although the parking lot has a total of 4 parking spaces, there are no spaces designated as reserved for people with disabilities. On the shortest accessible route to the accessible entrance, provide 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 "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. Signage designating accessible and inaccessible entrances: The building lacks signage at inaccessible entrances directing users to the accessible entrance (entrance closest to parking), and the accessible entrance does not have signage identifying it as accessible. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

c. Entrance closest to parking

i. The door to this entrance has a threshold exceeding ½ inch in height. Provide an accessible door with a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

ii. The door has thumb latch hardware that requires tight grasping to operate. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

d. Route to entrance closest to parking: The route from the parking area to the ramp leading to this entrance has a 5.1% cross slope. 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 ½ 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.

e. Ramp to entrance closest to parking: The bottom landing of the ramp has a 5.1% running slope and 6.8% cross slope, there is inadequate edge protection, the door swings into the clear space of the top landing, the handrails are 40-42 inches above the ground, the handrails do not have extensions, and the diameter of the handrails is 2 inches. 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; with level landings measuring at least 60 inches by 60 inches when the ramp changes direction; and edge protection that is at least 2 inches high at the drop off sides. Provide handrails on both sides of the ramp that are between 1¼ inches and 1½ inches in diameter such that the inside handrail is continuous and both handrails have 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; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface and 1½ inches from the wall, with ends rounded or returned smoothly to the floor, wall, or post. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.

f. All offices (Driver's Licensing, Vehicle Licensing, Magistrate Assistant, Solid Waste): The signage provided does not have raised letters or Braille and is not mounted on the latch side of the door. At each location, Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

g. Interior doors throughout facility: Throughout the building, doors have knob hardware that requires tight grasping and twisting of the wrist to operate. At each location, provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

h. Drinking fountain: Although a drinking fountain is provided, its spout is 41 inches above the finished floor, there is insufficient knee and toe clearance, and it requires 10 pounds of force to operate. Provide at least one 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, or provide a cup dispenser within accessible reach ranges. Ensure that fountain controls are operable with one hand, require 5 pounds of force or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. Additionally, 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.

i. Women's single user toilet room

i. The toilet room sign lacks raised letters and Braille and 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.

ii. The pressure required to open the toilet room door is 6 pounds of force. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The toilet room door, which is accessed through a front approach, has 14 inches of maneuvering clearance at the latch on the pull 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. Standards § 4.13.6, Fig. 25(a).

iv. The toilet room door, which is accessed through a front approach and which has both a closer and a latch, has 11 inches of maneuvering clearance at the latch on the push side of the door. On the push side of the door, provide maneuvering clearance at least 48 inches deep and provide a minimum of 12 inches of maneuvering clearance on the latch side of the door, or remove the closer or the latch. Standards § 4.13.6, Fig. 25(a).

v. The toilet room door swings into the required clear floor space at the toilet and lavatory. Ensure that no door swings into the required clear floor space at any accessible fixture. Standards § 4.22.2.

vi. 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 § 4.19.6.

vii. There is insufficient turning space within the toilet room. Provide an unobstructed turning space at least 60 inches in diameter or a T-shaped space complying with Fig. 3(b). Standards §§ 4.22.3, 4.2.3, Fig. 3.

viii. The lavatory has inadequate knee and toe clearance, the hot water and drain pipes under the lavatory are not covered or otherwise configured to protect against contact, and the faucet hardware requires twisting of the wrist to operate. 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 §§ 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

ix. The top of the toilet seat is 16 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards § 4.16.3, Fig. 29(b).

x. The toilet centerline is 13 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.

xi. The toilet paper dispenser is mounted beyond accessible reach ranges. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards § 4.16.6, Fig. 29(b).

xii. The side grab bar is 12 inches long, it is not mounted parallel to the finished floor, it is mounted 31 inches above the finished floor, and the far end is 22 inches from the rear wall. 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; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§ 4.16.4, 4.26.2, Figs. 29, 39.

xiii. No rear grab bar is provided. 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 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any object beside or below it and at least 18 inches between the grab bar and any other object above it. Standards §§ 4.16.4, 4.26.2, Figs. 29, 39.

j. Men's single user toilet room

i. The toilet room sign lacks raised letters and Braille and 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.

ii. The pressure required to open the toilet room door is 8 pounds of force. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The toilet room door, which are accessed through a front approach, has 14 inches of maneuvering clearance at the latch on the pull 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. Standards § 4.13.6, Fig. 25(a).

iv. The toilet room door, which is accessed through a front approach and which has both a closer and a latch, has 8 inches of maneuvering clearance at the latch on the push side of the door. On the push side of the door, provide maneuvering clearance at least 48 inches deep and provide a minimum of 12 inches of maneuvering clearance on the latch side of the door, or remove the closer or the latch. Standards § 4.13.6, Fig. 25(a).

v. The toilet room door swings into the required clear floor space at the toilet and lavatory. Ensure that no door swings into the required clear floor space at any accessible fixture. Standards § 4.22.2.

vi. The soap dispenser is mounted at 52 inches above the finished floor and requires a forward reach. Provide a soap dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

vii. The lavatory has inadequate knee and toe clearance, the hot water and drain pipes under the lavatory are not covered or otherwise configured to protect against contact, and the faucet hardware requires twisting of the wrist to operate. 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 without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

viii. The top of the toilet seat is 15 ½ inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards § 4.16.3, Fig. 29(b).

ix. The toilet centerline is 12 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.

x. The toilet paper dispenser is mounted out of reach. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards § 4.16.6, Fig. 29(b).

xi. The side grab bar is 12 inches long, it is not mounted parallel to the finished floor, it is mounted 31 inches above the finished floor, and the far end is 22 inches from the rear wall. 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; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§ 4.16.4, 4.26.2, Figs. 29, 39.

xii. No rear grab bar is provided. 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 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any object beside or below it and at least 18 inches between the grab bar and any other object above it. Standards §§ 4.16.4, 4.26.2, Figs. 29, 39.

 

 

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