Settlement Agreement between the United States and and Chatham County, Attachment D

Attachment D: Modifications to Newly Constructed Facilities

Please Note: Paragraph 31 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.

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

1. The Courthouse Facility at Martin Luther King Boulevard.

A. The County will be conducting a comprehensive update of the Courthouse Facility. The County will ensure that modifications made to the Courthouse Facility will be in compliance with the ADA Standards for Accessible Design, and the County will build the annex to the Courthouse in compliance with the Standards, excluding the elevator exemption contained in the Standards.

2. Within 36 months of the effective date of this agreement, the County will complete the following modifications to the Juvenile Court at 197 Carl Griffin Drive.

A. Parking

i. There is no designated van-accessible parking space provided. Provide a parking space that is van accessible. 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 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. Men's and Women's Toilet Rooms

i. There is no accessible coat hook provided in each designated accessible stall. 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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

ii. Although the facility contains an emergency alarm system, there are no visual alarms in the toilet rooms to alert deaf people to emergencies. Provide visual alarm devices in the shower rooms. Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate. Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower. Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal. In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling. Standards §§ 4.1.3(14), 4.28.3.

iii. The toilet paper dispenser in each designated accessible stall is inaccessible because it is mounted with its top less than 1½ inches under the side grab bar. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

C. Inmate Telephone

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

3. Within 12 months of the effective date of this agreement, the County will complete the following modifications to the Main Tag Office at 1145 Eisenhower Drive.

A. Parking

i. There is no signage designating each of the accessible parking spaces as reserved for people with disabilities. 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. Men's and Women's Toilet Rooms

i. The signage for each toilet room is not mounted on the latch side of 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 paper dispenser in each designated accessible stall is inaccessible because it is mounted above the side grab bar. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

4. Within 36 months of the effective date of this agreement, the County will complete the following modifications to the Police Department Headquarters and Tag Sub-location at 295 Police Memorial Drive.

A. Parking

ii. There is no designated van-accessible parking space provided. Provide a parking space that is van accessible. 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 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. Service Counters

i. The service counter is inaccessible because it is mounted at 41 inches above the finished floor. Provide a counter 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. Holding Cells

i. The holding cell has an inaccessible toilet-lavatory unit and there are no grab bars provided. Provide an accessible toilet-lavatory unit with clear floor space at the toilet that complies with Fig. 28; and 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 1¼ and 1½ inches; with 1½ inches between the grab bars and the wall; and at least 1½ inches between the grab bars and any other object. Ensure that the lavatory complies with the Standards for heights and clearances, clear floor space, faucet controls, etc.. Standards §§ 4.1.3(11), 4.22.4, 4.16.2, 4.16.3, 4.16.5, 4.26.2, 4.19, 4.27.4, Figs. 28, 29, 31.

D. Drinking Fountains

i. The drinking fountain is inaccessible because the fountain is not detectable to a blind person using a cane. Provide a high drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway. Standards §§ 4.1.2(3), 4.4.

E. Men's and Women's Public Toilet Rooms

i. The toilet is inaccessible in the women's designated accessible stall because the flush control is on the closed side of the stall. 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.

ii. The soap dispenser is inaccessible because it is mounted at 48 inches above the finished floor over an obstruction. Provide a paper towel 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.

iii. The toilet paper dispenser in each designated accessible stall is inaccessible because it is mounted at less than 19 inches from the finished floor. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

5. Within 24 months of the effective date of this agreement, the County will complete the following modifications to the Aquatic Center at 7240 Sallie Mood Drive.

A. Parking

i. There is no signage designating the accessible parking space with a 96 inch wide access aisle as van accessible. t 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. Signage

i. There is no directional signage from the stairway leading to the entrance directing people with disabilities towards the designated accessible route. Provide accessible directional signage with the International Symbol of Accessibility from the stairway indicating the location of the designated accessible route to the entrance. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

ii. There is no accessible permanent room signage provided for each office in the Center. 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

§§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

C. Service Counters

i. Both the Information and Swimshop service counters are inaccessible because each is mounted at 40 inches above the finished floor. Provide a counter for each 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.

D. Drinking Fountains

E. Bleacher Seating

i. There is no designated accessible seating area adjacent to the bleachers. Provide a designated accessible seating area adjacent to the bleachers. Standards §§ 4.1.3(19)(a), 4.5, 4.33.

F. Men's and Women's Dry Toilet Rooms

i. The signage for each toilet room is not mounted on the latch side of door, and is mounted at 48 inches above the finished floor. 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 lavatory in each toilet room is inaccessible because the 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.

iii. The urinal is inaccessible because there is inadequate clear floor space provided. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

iv. The toilet paper dispenser in the women's designated accessible stall is inaccessible because it is mounted above the side garb bar. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

v. There is no accessible coat hook provided in the men's designated accessible stall. 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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

G. Men's and Women's Locker Rooms

i. The signage for each toilet room is mounted at 48 inches above the finished floor. 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 urinal is inaccessible because there is inadequate clear floor space provided. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

iii. There is no accessible coat hook provided in the women's designated accessible stall. 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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iv. The accessible shower in each locker room is inaccessible because there is no operational shower spray unit and no grab bar is provided for at least one of the showers. Ensure that the shower has a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2, has a grab bar, and a shower spray unit, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

6. Within 24 months of the effective date of this agreement, the County will complete the following modifications to the Tybee Island Pier at 1515 Strand Avenue.

A. Parking

i. There is no van accessible sign provided for the designated accessible parking space. At the designated space marked as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by a parked vehicle. Provide a van accessible space with 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. Signage

i. There is no directional sign at stairs and service ramp directing to the designated accessible ramp. There is no directional signage from the stairway or service ramp directing people with disabilities towards the designated accessible route via the ramp. Provide accessible directional signage with the International Symbol of Accessibility from the stairway and service ramp indicating the location of the designated accessible route to the Pier via the ramp. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

C. Exterior Ramps

i. There are no handrails on each side the designated accessible ramp. Provide a handrail on the rink side that is between 1¼ inches and 1½ inches in diameter with a continuous gripping surface, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.8.5.

D. Picnic Tables

i. There is no accessible picnic table provided. 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. Service Counters

i. The Concessions/Rod and Reel service counters are inaccessible because each is mounted at 41½ inches above the finished floor. Provide a counter for each 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.

F. Men's and Women's Toilet Rooms

i. There is no accessible signage provided for each toilet room. 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. There is no accessible mirror in each toilet room. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

iii. The paper towel dispenser is inaccessible because the dispenser is not detectable to a blind person using a cane. Provide a paper towel dispenser at in a location such that it does not protrude more than 4 inches into the walkway. Standards §§ 4.1.2(3), 4.4.

iv. There is no accessible coat hook provided in each designated accessible stall. 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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.