Attachment K: Programs in Existing Facilities

DJ# 204-59-39
Town of Vian, Oklahoma

Please Note: Paragraph 29 of the Agreement requires that within three months of the effective date of this Agreement, the Town 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 Town program, service, and activity operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the Town will take the following actions:

  1. Town Hall: Within 24 months of the effective date of this Agreement, the Town will complete the following modifications to Town Hall, located at 107 Thornton Street:
    1. Parking: The Town Hall parking lot, which has a total of 16 parking spaces, has no van accessible parking space reserved for people with disabilities. Although the parking lot includes 3 spaces designated for use by individuals with disabilities, none of these is accessible for a variety of reasons (e.g., access aisle too narrow, van accessible signage absent, and presence of hump with 9.3% slope and 3.6% cross slope). On the shortest accessible route to the facility entrance, provide 1 van accessible space designated as reserved for people with disabilities. Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle at least 96 inches wide. At the van accessible space, provide vertical signs with the International Symbol of Accessibility and an additional "Van-Accessible" sign below it located such that they cannot be obstructed by parked vehicles. Ensure that the space and access aisle 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 §§ 4.2(5), 4.6, 4.30.7(1).
    2. Route Connecting Parking Lot, Sidewalk, and Front Entrance: The route from the parking lot to the sidewalk and front entrance of the Town Hall is inaccessible because there is no safe way for someone who uses a wheelchair to get on or off the sidewalk due to the presence of an unramped curb. 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.
    3. Front Entrance: A drop box outside the front entrance protrudes 8 inches at a height of 35 inches, and would not be detectable to a blind person using a cane. Provide a circulation path at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Providing a cane-detectable barrier is an acceptable solution. Standards § 4.4.
    4. Interior Wooden Door: The interior door is inaccessible because knob hardware is used on the push side. 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.
    5. Fire Extinguisher: The fire extinguisher protrudes into the walkway and would not be detectable to a blind person using a cane. Provide a circulation path at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Providing a cane-detectable barrier is an acceptable solution. Standards § 4.4.
    6. Drinking Fountain:
      1. Although a drinking fountain is provided, it is not accessible because the water flow is not within 3 inches of the front of the fountain. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor 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.
      2. The drinking fountain is a protruding object, as its bottom leading edge is more than 27 inches above the floor, and the drinking fountain would not be detectable to a blind person using a cane. Provide a circulation path at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Providing a cane-detectable barrier is an acceptable solution. Standards § 4.4.
    7. Signage:
      1. The "Town Clerk" sign is inaccessible because it is not mounted on the wall adjacent to the latch side of the door and it lacks Braille or raised characters. 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.
      2. There is no signage informing the public the location of an accessible toilet room for use by members of the public. Post a sign in a visible location near the Town Clerk's Office indicating that an accessible toilet room for public access is located in the Nutrition Center, and instruct staff to provide this information orally to individuals who are blind or have low vision. Also, post an Employees Only sign at the employees only toilet room.
    8. Counters:
      1. Water Department: The Water Department has two service counters. The main service counter protrudes 7 inches from the wall at a height of 41 3/4 inches above the floor. The auxiliary counter is accessible, but also protrudes 7 inches from the wall at a height of 28 inches from the wall. In addition, the auxiliary counter is unuseable because the counter top is obstructed by a computer. 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. Also, 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, 7.2(2), 4.3.
      2. Town Clerk's Office: The office of the town clerk has 2 service counters. The main counter protrudes 10 inches from the wall at a height of 40 inches above the finished floor. The auxiliary counter protrudes 7 inches from the wall at a height of 28 inches above the finished floor. The auxiliary counter is accessible, but the counter top is unuseable because a large fish tank covers the counter top. 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. Also, 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, 7.2(2), 4.3.
  2. Police Station: Within 24 months of the effective date of this Agreement, the Town will complete the following modifications to the Police Station, constructed in 1950 at 100 S. Blackstone Street:
    1. Parking: Although the parking lot for the police station has a total of 5 parking spaces, 2 of which are reserved for persons with disabilities, none of the spaces is accessible. The first parking space is too narrow, only 91 inches wide, and the access aisle shared by the two spaces is too narrow at 65.5 inches, the signs can be obstructed by parked vehicles, and the pavement markings are unclear. On the shortest accessible route to the accessible entrance, provide 1 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 they cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).
    2. Route Connecting Parking Lot and Building Entrance: The route from the parking lot to the Police Station entrance is inaccessible because the surface is cracked and grooved. 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 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.
    3. Courtroom/Council Chamber Sign: The sign is not accessible because it is not mounted on the wall adjacent to the latch side of the door, and the sign lacks Braille and raised characters. 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.
    4. Unisex Single User Toilet Room:
      1. The Unisex Toilet Room sign is mounted too high – the centerline of the sign is 66 inches above the finished floor. Provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The entrance door to the unisex toilet room is inaccessible because only 2 inches of pull-side maneuvering clearance is provided adjacent to the latch side of the door. On the pull side of the door, provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door and maneuvering clearance at least 60 inches deep . Standards § 4.13.6, Fig. 25(a).
      3. The entrance door swings into the required clear floor space at the lavatory. Ensure that no door swings into the required clear floor space at any accessible fixture. Standards § 4.22.2.
      4. Although the dimensions of the turning space within the unisex toilet room are sufficient, it is not accessible because the space is blocked by objects placed in the 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.
      5. 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.
      6. The lavatory is inaccessible because its faucet requires twisting to operate. Provide a faucet with mechanical controls,, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). 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 Standards §§ 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.
      7. The lavatory is inaccessible because the lavatory clear floor space is blocked by the supply and drain pipes. Provide a lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory. Standards § 4.19.3, Fig. 32.
      8. The toilet is inaccessible because the top of the seat is 16 inches above the finished floor. Provide a toilet with a seat that is 17 to 19 inches above the finished floor. Standards § "4.16.3, Fig. 29(b).
      9. Also, the toilet is inaccessible because its centerline is 39 inches from the side wall. Provide a toilet with a centerline that is 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.
      10. The rear grab bar at the toilet is inaccessible because the closer end is 21 inches from the side wall. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards § 4.16.4, Fig. 29.
      11. The toilet 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.
    5. Council Chamber / Courtroom:
      1. The assembly area used as a Courtroom and for Town Council meetings is inaccessible because the platform seating area used by the judge, witnesses, town council members and others during court and city council proceedings is 6.5 inches above the finished floor. Install a ramp or platform lift in compliance with the Standards or establish a procedure for providing access to this area. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances. Standards §§ 4.33.5, 4.3.8, 4.8, 4.11.
      2. The assembly area containing a total of 22 fixed seats is inaccessible because there is no accessible wheelchair seating. Provide 1 wheelchair seating area 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 line 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.
      3. The assembly area is inaccessible to people who are deaf or hard of hearing because there is no permanently installed or portable assistive listening system. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide 2 receivers for use by the general public and signage indicating their availability. Standards §§ 4.30, 4.33.
    6. Fire Extinguisher: The Fire Extinguisher protrudes 5 inches from the wall at a height of 46 inches above the finished floor, and would not be detectable to a blind person using a cane. Provide a circulation path at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Providing a cane-detectable barrier is an acceptable solution. Standards § 4.4.
    7. Holding Cells: The two holding cells in secure areas are inaccessible as one has a 30 inch wide opening entrance and the other is narrower, each contains a toilet with a rim 10.5 inches above the floor, the lavatory clear floor space blocked by the toilet, and the lavatory rim 28 inches above the floor. Provide 1 accessible cell such that all of the cell's elements, including door width, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror (if provided), controls, and dispensers, comply with the Standards. Where only one cell serves a particular purpose, such as a cell serving a particular courtroom, it shall be accessible. Where multiple cells are grouped together and serve the same purpose, at least one cell shall be accessible. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.22, 4.26, 4.27, 4.30, Figs. 28, 29.
  3. Nutrition Center: Within 24 months of the effective date of this Agreement, the Town will complete the following modifications to the Nutrition Center:
    1. Parking: Although the Nutrition Center parking lot has 12 parking spaces and 2 spaces have been designated for use by persons with disabilities, neither space is accessible because the parking spaces and access aisles contain broken pavement, they are not level, they have surfaces that are not firm, and the vertical signs can be obstructed by parked vehicles. Provide 1 van accessible space designated as reserved for people with disabilities. Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.2(5), 4.6, 4.30.7(1).
    2. Coat Hooks: Inside the Nutrition Center are numerous coat hooks that are not accessible because they are mounted out of reach. Provide coat hooks at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that are 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. Unisex Single User Toilet Room
      1. The Unisex Toilet Room sign is not mounted on the wall adjacent to the latch side of the toilet room door, and the sign has no Braille and raised characters. Provide a sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The Unisex Toilet Room door is inaccessible because the force required to open the door is more than 5 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).
      3. 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.
      4. The side grab bar is less than 42 inches long, and the far end of the side grab bar is 45 inches from the rear wall. Provide a side grab bar that is at least 42 inches in overall length, with the farther end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards § 4.16.4, Fig. 29(b).
      5. The rear grab bar at the toilet is inaccessible because the closer end of the grab bar is 8 inches from the side wall. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards § 4.16.4, Fig. 29.
  4. Youth Baseball Park: Within 24 months of the effective date of this Agreement, the Town will complete the following modifications to the Vian Youth Baseball Park:
    (Note: (Town leases property to Vian Youth Baseball)
    1. Parking: Although the large unpaved parking lot has a space for persons with disabilities designated by a vertical sign with the international access symbol, the space is inaccessible because the sign can be obstructed by parked vehicles, it does not include a van accessible sign, the space has no surface markings, there is no access aisle, and the space and access aisle not level, firm, and slip-resistant. On the shortest accessible route to the accessible entrance, provide the required number of van accessible space(s) and standard space(s) reserved for people with disabilities. Ensure that each standard accessible space is a minimum of 96 inches wide and served by an access aisle at least 60 inches wide. Ensure that each van accessible space is a minimum of 96 inches wide and served by an access aisle at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.6, 4.30.7(1).
    2. Accessible Route: There is no accessible route from the parking lot to any of the three ball fields, dugouts, bleachers, batting cage, concession stand, or toilet rooms because the ground surface is unpaved, not level, not firm and not slip-resistant . In addition, the route to the toilet rooms has a step on it that prevents access by people who use wheelchairs. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 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.
    3. Men's and Women's Toilet Rooms: These toilet rooms contain a number of inaccessible elements and is not accessible to people with disabilities. Provide accessible Men's and Women's Toilet Rooms or provide an accessible unisex toilet room such that all of the elements of the room(s), 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.
    4. Counter: The Concession Stand Counter is not accessible because it is too high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor. Standards §§ 7.2(1), 4.3.
 

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