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

Attachment J: Modifications to Altered Facilities

Please Note: Paragraph 40 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the City 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 18 months of the effective date of this Agreement, the City shall complete the following modifications to the Billings Parks & Recreation / Senior Center:

a. Parking: None of the parking spaces designated as reserved for persons with disabilities are served by access aisles, most of the reserved spaces do not have vertical signs with the International Symbol of Accessibility. On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 3 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. Accessible Route: Although the steep ramp located on the side of the building is no longer used as part of the accessible route, there is no directional signage pointing users with disabilities to an accessible route. Provide accessible directional signage with the International Symbol of Accessibility at this ramp directing users to the accessible route. Standards §§ 4.1.3(8)(d), 4.1.3(16)(b), 4.1.6(1)(b), 4.13, 4.30.

c. Men’s and Women’s Toilet Rooms at the Front of the Senior Center: These toilet rooms are 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.

d. Women’s Toilet Room with Stalls Located at the Rear of the Senior Center

i. The toilet room sign is mounted on the door. 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. Provide a visual alarm appliance in the toilet room. Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.1, 4.28.3.

iii. 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

iv. The paper towel dispensers and lavatory counters are protruding objects that are 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.

v. Toilet Stall for Persons with Disabilities

(1) The toilet stall is improperly configured, with the stall door opposite the toilet, rather than opposite the “open” side of the stall. Within 24 months, provide clear floor space that complies with Fig. 30 at the toilet. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

(2) The toilet is inaccessible because its centerline measures 21 inches from the side wall. Within 24 months, provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.2, Fig. 28.

(3) The toilet is inaccessible because the flush control is on the closed side. Within 24 months, 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), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.27.4.

(4) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(5) The toilet paper dispenser is mounted above the side grab bar and interferes with its use. Provide a side grab bar that has at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

(6) The rear grab bar at the toilet is inaccessible because it is mounted at 48 inches above the finished floor. 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 other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

(7) The seat cover dispenser is inaccessible because it is mounted at 64 inches above the finished floor and located behind the toilet above the rear grab bar, requiring a forward reach above the toilet. Provide a seat cover 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), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.

e. Men’s Toilet Room with Stalls at the Rear of the Senior Center.

v. Toilet Stall for Persons with Disabilities

(1) The toilet is inaccessible because its centerline measures 21 inches from the side wall. Within 24 months, provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.2, Fig. 28.

(2) The toilet stall is improperly configured, with the stall door opposite the toilet, rather than opposite the “open” side of the stall. Within 24 months, provide clear floor space that complies with Fig. 30 at the toilet. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

(3) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(4) The seat cover dispenser is inaccessible because it is mounted at 64 inches above the finished floor and located behind the toilet above the rear grab bar and requires a forward reach above the toilet. Provide a seat cover 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), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.

(5) The toilet paper dispenser is inaccessible because it is mounted above the side grab bar. Provide a side grab bar that has at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

2. Within 18 months of the effective date of this Agreement, the City shall complete the following modifications to the Park 4 Garage:

a. Parking: Although the parking lot has a total of 772 parking spaces, an inadequate number are designated as reserved for people with disabilities and although the parking lot has parking spaces designated as “van accessible,” these spaces are less than 96 inches wide, some have no access aisles and others access aisles that are less than 96 inches wide. Additionally, some of the vertical signs are too short and can be blocked by parked vehicles. On the shortest accessible route to the accessible entrance, provide 2 van accessible spaces and 14 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), 4.1.6(1)(b), 4.6, 4.30.7(1).

b. Elevator: The elevator does not have hoistway signage on both sides of every floor. 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 §§ 4.1.3(5), 4.1.6(1)(b), 4.10.5, Fig. 20.

3. Within 18 months of the effective date of this Agreement, the City shall complete the following modifications to Terry Park:

a. Drinking Fountains

i. The drinking fountain between the Men’s and Women’s toilet rooms protrudes into the circulation 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.

ii. Although a lower drinking fountain is provided, there is no fountain provided 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).

b. Women’s Toilet Room with Stalls: The toilet room sign is mounted on the door and it does not have Braille or raised characters. 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c. Men’s Toilet Room with Stalls

i. The toilet room sign is mounted on the door and it does not have Braille or raised characters. 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. Route: The route within the toilet room is restricted to less than 36 inches for some extended periods. Provide an accessible route within the toilet room with a minimum clear width of 36 inches, except at doors. Standards §§ 4.1.3(1), 4.3.3.

iii. Toilet Stall: There is no accessible stall provided. Within 24 months, 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 §§ 4.1.3(11), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.