Attachment G: Program Access in Existing Facilities

 

 

Please Note: Paragraph 32 of the Agreement requires that within three months of the effective date of this Agreement, the County will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

 

1. 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.

 

2. In order to ensure that each of the County's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the following actions:

 

3. Within three years of the effective date of this Agreement, the County shall complete the following modification to the Sheriff's Office:

 

a. Entrance

 

i. The side entrance door is inaccessible because there is a 1 inch change in level at the threshold to the door. Provide an accessible door with a threshold that is no greater than inch, or is no greater than inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

 

4. Within three years of the effective date of this Agreement, the County shall complete the following modification to the Patrol Office:

 

a. Interview Room Toilet Room

 

i. This toilet room is inaccessible. There is no signage directing people with disabilities to the accessible toilet rooms. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all 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.

 

 

5. Within three years of the effective date of this Agreement, the County shall complete the following modification to the Courthouse Complex:

 

a. Parking

 

i. The route from the front parking lot to the entrance to the Courthouse Complex is inaccessible because there is no accessible path of travel. Although the front, back, and lower back parking lots have a total of 102 parking spaces, an inadequate number are designated as reserved for people with disabilities. Also, the van accessible space access aisle is only 84 inches wide. On the shortest accessible route to the accessible entrance, provide one van accessible space and 4 standard spaces designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

 

b. Treasurer's Office - Room 107

 

i. The service counter at the Treasurer's Office in Room 107 is inaccessible because it is 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.

 

c. Court Room 108

 

i. This court room is not accessible. The County shall continue to provide court proceedings at Court Room 200 upon request by persons with disabilities (including parties to a suit, attorneys, witnesses, spectators, and other interested parties). In the event that this court room is modified in the future, this courtroom shall be made accessible.

 

d. Court Room 200

 

i. Courtroom 200 is inaccessible because there are no wheelchair seating areas. Provide two wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 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 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.

 

e. Drinking Fountain on First Floor

 

i. The free standing drinking fountain located on the first floor of the Courthouse Complex is inaccessible because the spout height is greater than 36 inches from the finished floor and there is insufficient clear floor space in front of the fountain. Provide a drinking fountain with a clear floor space of at least 30 inches by 48 inches that allows a person in a wheelchair to make a parallel approach to the unit, that has a spout that is no more than 36 inches above the finished floor to the spout outlet, and that otherwise complies with the Standards. Standards §§ 4.15, 4.27.4, Fig. 27.

 

f. Jury Room - Men's Toilet Room 203

 

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

ii. The paper towel dispenser is inaccessible because it requires tight grasping or pinching. Provide a paper towel dispenser with mechanical controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards § 4.27.4.

 

iii. There are no grab bars 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 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. Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1 and 1 inches; with 1 inches between the grab bars and the wall; and at least 1 inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.

 

iv. The toilet is inaccessible because the top of the seat is less than 17 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).

 

v. The lavatory is inaccessible because the hot water pipes 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 lavatory is inaccessible because it has twist-type faucets. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.


 

g. Jury Room - Women's Toilet Room 204

 

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

 

ii. The paper towel dispenser is inaccessible because it requires tight grasping or pinching. Provide a paper towel dispenser with mechanical controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards § 4.27.4.

 

iii. The toilet is inaccessible because the flush control is on the closed side, away from the clear floor space needed to access it. 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.

 

iv. There are no grab bars 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 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. Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1 and 1 inches; with 1 inches between the grab bars and the wall; and at least 1 inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.

 

v. The toilet is inaccessible because the top of the seat is less than 17 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).

 

vi. The lavatory is inaccessible because the bottom edge of the apron is 26 inches above the finished floor. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards § 4.19.2, Fig. 31.

vii. The lavatory is inaccessible because the hot water pipes 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.

 

viii. The lavatory is inaccessible because it has twist-type faucets. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.

 

ix. 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.

h. Unisex Toilet Room 207

 

i. The lavatory is inaccessible because the hot water pipes 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

 

ii. The toilet paper dispenser is inaccessible because it is mounted at 25 inches above the finished floor. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1 inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards § 4.16.6, Fig. 29(b).

iii. The rear grab bar at the toilet is inaccessible because it is mounted at 37 inches above the finished floor. Provide a rear grab bar that is mounted between 33 and 36 inches above the finished floor. Standards § 4.16.4, Fig. 29.

 

iv. The side grab bar at the toilet is inaccessible because it is not configured properly. 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 1 and 1 inches; with 1 inches between the grab bar and the wall; and at least 1 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.

 

v. 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.

 

i. Registry of Deeds

 

i. The entrance door to the Registry of Deeds is inaccessible because the pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

 

ii. The word processing computers are inaccessible because they are mounted at 43 inches above the finished floor and have no knee clearance. Provide a computer with a keyboard on a table or counter that has clear floor space that is 30 inches wide and 48 inches deep, knee clearance at least 27 inches high, 30 inches wide, and 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor (or, as an alternative to an accessible writing surface, provide a clipboard). Standards §§ 4.2.4.1, 4.32.

 

 

6. Within three years of the effective date of this Agreement, the County shall complete the following modification to the County Jail:

 

a. Unisex Toilet Room 102

 

i. 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.

 

ii. The lavatory is inaccessible because the hot water pipes 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.

 

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

 

iv. The toilet is inaccessible because its centerline is 15 inches from the side wall. Provide a toilet with a centerline that is 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.

 

v. The toilet paper dispenser is inaccessible because it is not mounted under the side grab bar. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1 inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

 

vi. The paper towel dispenser is inaccessible because it requires tight grasping or pinching. Provide a paper towel dispenser with mechanical controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(13), 4.27.4.

 

vii. The toilet is inaccessible because the flush control is on the closed side, away from the clear floor space needed to access it. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

 

viii. The rear grab bar at the toilet is inaccessible because it is 30 inches in overall length. 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 §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.

b. Toilet Room 134

 

i. The rear grab bar at the toilet is inaccessible because it is less than 36 inches in overall length. 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 §§ 4.22.4, 4.16.4, Fig. 29.

 

ii. The lavatory is inaccessible because the hot water pipes 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 §§ 4.22.6, 4.19.4.

 

iii. The toilet is inaccessible because its centerline is 20 inches from the side wall. Provide a toilet with a centerline that is 18 inches from the near side wall. Standards §§ 4.22.4, 4.16.2, Fig. 28.[1]

 

iv. The lavatory is inaccessible because the bottom edge of the apron is 26 inches above the finished floor. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards §§ 4.22.6, 4.19.2, Fig. 31.

v. The call button inside the toilet room is inaccessible because the controls are mounted at 57 inches above the finished floor. Provide a call button 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

c. Holding Facility Room 125

 

i. The door to the holding facility room is inaccessible because it is 26 inches wide. Within six months of the effective date of this Agreement, the County shall submit for the Department's review a complete plan on addressing this violation, including providing an accessible holding cell as well as ensuring that all related elements toilets, mirror, etc. are also accessible. The Department will review the documentation for conformity to the ADA Standards for Accessible Design and will note any deficiencies. The County will then ensure that any deficiencies are corrected and that the alteration of this facility is carried out in a way that meets the Department's approval.



[1] Shifting a toilet a small distance to comply with the centerline requirement need not be expensive. The important factor is maintaining the correct distance between the side grab bar and the toilet. Options include moving the partition on which the grab bar is mounted or installing an offset flange to shift the toilet. Another option is to mount the grab bar on a board attached to the side wall or partition. The board must extend 1 " below the grab bar and 18" above the grab bar to achieve the appropriate distance between toilet and grab bar.