Settlement Agreement between the United States and Billings MO, Attachment (I)

Attachment I: Modifications to Newly Constructed Facilities

Please Note: Paragraph 40 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the City will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

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

1. Within twelve months of the effective date of this Agreement, the City shall complete the following modifications to the Operations Center:

a. Exterior Entrance and Doors: The push buttons on the automatic exterior and interior doors are inaccessible because they require 10 and 9 pounds of force, respectively, to operate. Provide push buttons 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.

b. Lobby Counter: The reception counter in the lobby is inaccessible because it is 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 §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

c. Drinking Fountain: Although a lower drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. 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 § 4.1.3(10)(a).

d. Fire Extinguisher Cabinet: The hardware on the door to the fire extinguisher cabinet requires tight grasping and pinching to operate. Where provided, ensure that doors to fire extinguisher cabinets have 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), 4.1.6(1)(b), 4.27.4.

e. Hallway Door: The main hallway door from the kitchen to the locker room is inaccessible because the pressure required to open the door is 16 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

f. Women’s Locker Room

i. The locker room sign is inaccessible. Provide a locker room sign with 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 locker room door is inaccessible because the pressure required to open the door is 9 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

iii. In the toilet stall for persons with disabilities, the toilet seat cover dispenser is inaccessible because the controls are mounted 48 inches above the finished floor, 10 inches above the back grab bar over the toilet, and require a forward reach above the toilet. Provide a seat cover dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iv. The tampon dispenser is inaccessible because the controls require tight grasping and twisting of the wrist to operate. Provide a tampon 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). 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.

v. The paper towel dispenser is inaccessible because the controls require tight grasping, pinching or twisting of the wrist to operate. 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). 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.

vi. The transfer shower stall is too deep and the transfer bench does not extend the full depth of the stall. Within 18 months, provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards § 4.21, Figs. 35, 36, 37.

vii. Although required in all dressing and locker rooms, no bench is provided. Provide a 24 inch by 48 inch bench fixed to the wall along the bench’s longer dimension. Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

g. Men’s Locker Room

i. The room sign is inaccessible. Provide a locker room sign with 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 locker room door is inaccessible because the pressure required to open the door is 16 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

iii. In the toilet stall for persons with disabilities, the toilet seat cover dispenser is inaccessible because the controls are mounted above the back grab bar over the toilet and require a forward reach over the toilet. Provide a seat cover dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iv. The paper towel dispenser is inaccessible because the controls require tight grasping, pinching or twisting of the wrist to operate. 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).

v. Although there are 6 or more toilet stalls, none is configured for ambulatory persons with disabilities. Within 18 months, provide at least one stall that is exactly 36 inches wide with an outward swinging, self-closing door and parallel grab bars complying with Fig 30(d). Standards §§ 4.1.3(11), 4.22.4, Fig. 30(d).

vi. The transfer shower stall is too deep and the transfer bench does not extend the full depth of the stall. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards § 4.21, Figs. 35, 36, 37.

h. Motor Pool - Offices and Counters: The emergency shower pull cords are inaccessible because they are mounted at 69 inches above the finished floor. Provide an emergency shower such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

i. Drinking Fountain Near Solid Waste and Motor Pool Locker Room: Although a lower fountain is provided, there is no higher fountain for persons who have difficulty bending or stooping. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards § 4.1.3(10)(a).

j. Single User Unisex Toilet Room Near Solid Waste Truck Bay

i. The toilet room sign is inaccessible. Provide a toilet room sign with 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.

ii. The door is inaccessible because the pressure required to open the door is 15 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

iii. The door swings into the required clear floor space at the lavatory. Within 18 months, ensure that no door swings into the required clear floor space at any accessible fixture. Standards §§ 4.1.3(11), 4.22.2.

iv. Although an audible alarm is provided, there is no visual alarm appliance in this room. Within 18 months, provide a visual alarm appliance in the toilet room. Standards §§ 4.1.3(14), 4.28.1, 4.28.3.

vi. The toilet paper dispenser is not within reach of a seated person on the toilet. 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 §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

vii. The toilet seat cover dispenser is inaccessible because the controls are mounted above the back grab bar over the toilet and require a forward reach above the toilet. Provide a seat cover dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

viii. The side grab bar at the toilet is inaccessible because the distance of the farther end of the side grab bar is 49 inches to 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. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, Fig. 29(b).

2. Within twelve months of the effective date of this Agreement, the City shall complete the following modifications to the Billings Animal Shelter Center:

a. The hallways throughout the facility are inaccessible because the shelves located at the service windows protrude into the main walkway and would not be detectable to a blind person using a cane. Provide an accessible route through the hallways such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards §§ 4.1.2(3), 4.4.

b. Unisex Single User Toilet Room

i. The toilet room sign is mounted on the door. Provide a toilet room sign with 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.

ii. 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 §§ 4.1.3(11), 4.22.4, 4.16.5, 4.27.4.

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

a. Parking Lot: Although the parking lot has a total of 10 parking spaces and one parking space designated for people with disabilities, there is no access aisle, no space designated as “van accessible,” and the designated parking space is not on the shortest accessible route to the accessible entrance. On the shortest accessible route to the accessible entrance to the Fire Station or the adjacent Terry Park, provide one van accessible space designated as reserved for people with disabilities. Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

b. Exterior Entrance and Doors: In this three story facility, the main level has two entrances and they are accessible; the lower level has one exterior entrance and it is not accessible. There is no directional signage provided. 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), 4.1.3(16)(b), 4.13, 4.30.

c. Exterior Stairs Leading to Lower Level: Handrails are not provided on both sides of the stairs. Within 24 months, provide stairs with closed risers, uniform tread width and riser height, a tread depth of at least 11 inches measured from riser to riser, and nosings, treads, and risers that otherwise comply fully with the Standards. Provide handrails on both sides of the stairs such that the inside handrail on switchbacks or doglegs is continuous; handrails that are not continuous beyond the top and bottom of the stairs extend at least 12 inches beyond the top riser and at least 12 inches plus the width of one tread beyond the bottom riser; there is a clear space between the handrails and the wall of 1½ inches; gripping surfaces are uninterrupted by newel posts, other construction elements, or obstructions; the handrails are mounted between 34 and 38 inches above stair nosings; the ends of the handrails are either rounded or returned smoothly to the floor, wall, or post; and the handrails do not rotate within their fittings. Standards §§ 4.1.3(4), 4.1.6(1)(b), 4.9.

d. Access Among Levels (Interior): Handrails are not provided on both sides of the stairs leading to the upper level dormitory and handrails are not provided on both sides of the stairs leading to the lower level work-out room. Within 24 months, provide stairs with closed risers, uniform tread width and riser height, a tread depth of at least 11 inches measured from riser to riser, and nosings, treads, and risers that otherwise comply fully with the Standards. Provide handrails on both sides of the stairs such that the inside handrail on switchbacks or doglegs is continuous; handrails that are not continuous beyond the top and bottom of the stairs extend at least 12 inches beyond the top riser and at least 12 inches plus the width of one tread beyond the bottom riser; there is a clear space between the handrails and the wall of 1½ inches; gripping surfaces are uninterrupted by newel posts, other construction elements, or obstructions; the handrails are mounted between 34 and 38 inches above stair nosings; the ends of the handrails are either rounded or returned smoothly to the floor, wall, or post; and the handrails do not rotate within their fittings. Standards §§ 4.1.3(4), 4.1.6(1)(b), 4.9.

e. Main Level Unisex Toilet Room

i. No accessible toilet room sign is provided. 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 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 §§ 4.1.3(11), 4.22.2.

iii. The paper towel dispenser is inaccessible because the controls require tight grasping, pinching or twisting of the wrist to operate. 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).

4. Within twelve months of the effective date of this Agreement, the City shall complete the following modifications to the Country Manor Park:

a. There is no accessible route to the pavilion or the trash cans. 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 §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

b. There are no accessible picnic tables for people who use wheelchairs. Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground. Standards §§ 4.1.3(18), 4.32.3, 4.32.4.

5. Within twelve months of the effective date of this Agreement, the City shall complete the following modifications to Amend Park: (note: this park, including the parking lots, is still under construction):

a. At the time of this review, Amend Park parking was still under construction. The parking lots were not fully completed. There was an inadequate number of parking spaces designated for people with disabilities. Many parking spaces designated for people with disabilities did not contain signage or access aisles. The plans and observations indicate there will be a total of four parking lots.

i. Although the north parking lot will have 258 parking spaces, only 5 are planned to be designated as reserved for persons with disabilities. On the shortest accessible route to the accessible entrance, provide one van accessible space and 6 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).

ii. In the southern lots, some of the parking spaces designated as reserved for persons with disabilities do not have vertical signs with the International Symbol of Accessibility. 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. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

b. Drinking Fountains: The higher drinking fountain protrudes more than 4 inches into an accessible route and is not cane detectable. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards § 4.4.

c. Concessions: The concession counters are inaccessible because the counters are 40 inches high. Provide a portion of the main counter on an accessible route such that the counter is 60 inches minimum in length and between 28 and 34 inches in height, or provide service at accessible tables within the same area of the facility. Standards § 5.2.

d. There are no accessible picnic tables for people who use wheelchairs. Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground. Standards §§ 4.1.3(18), 4.32.3, 4.32.4.

e. Pavilion: No accessible route is provided to the pavilion. Provide at least one accessible route within the boundary of the site connecting 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 §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

f. Toilet Rooms with Stalls: The paper towel dispensers in both the Men’s and Women’s toilet rooms require tight grasping or pinching to advance the towels. In each, provide paper towel dispensers 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.

6. Within twelve months of the effective date of this Agreement, the City shall complete the following modifications to the Billings Skate Park:

a. Parking: The parking reserved for persons with disabilities is not located on the shortest accessible route to the accessible park entrance. Provide fully accessible parking that is located on the shortest accessible route to an accessible pedestrian entrance to the park. Standards §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.2.

b. Drinking Fountain: The lower drinking fountain of the “high/low” fountain is not detectable to a blind person using a cane. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards § 4.4.