BACKGROUND
SCOPE OF THE INVESTIGATION
This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice ("Department") against Citrus County, Florida. The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleges that Citrus County violated title II with respect to the County's self-evaluation, transition plan, grievance procedures, ADA Coordinator, teletypewriters, interpreters, employment forms, public meetings, and access to facilities, including the old Courthouse.
Because the County receives financial assistance from the Department of Justice, the investigation was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G. The Department expanded the scope of the investigation to include the County's compliance with the following title II requirements:
C to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department's title II regulation, 28 C.F.R. § 35.105;
C to notify applicants, participants, beneficiaries, and other interested persons of their rights and the County's obligations under title II and the Department's regulation, 28 C.F.R. § 35.106;
C to designate a responsible employee to coordinate its efforts to comply with and carry out the County's ADA responsibilities, 28 C.F.R. § 35.107(a);
C to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
C to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
physical changes to buildings (required to have been made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.
C to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
C to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
C where the County communicates by telephone, to communicate through a text telephone ("TTY"), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;
C to provide direct access via TTY or computer-to-telephone emergency services, including 9-1-1 services, for persons who use TTY's and computer modems, 28 C.F.R. § 35.162;
C to provide information for interested persons with disabilities concerning the existence and location of the County's accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);
C to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
As part of its compliance review, the Department reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA's new construction or alterations requirements: Homossassa Springs Area Recreational Park (New), Citrus Springs Community Center Recreational Park (Buildings A and B), New Citrus County Courthouse, Homossassa Public Library, Bicentennial Park, Bicentennial Park (West Complex), Bicentennial Park (Pool), Holder Community Center, Floral Park, Floral City Library, Citrus County Auditorium, Animal Control, East Citrus Community Center, Historic Courthouse Museum, Lecanto Government Building.
The Department's program access review covered those of the County's programs, services, and activities that operate in the following facilities: Homossassa Springs Area Recreation Park (Old), Coastal Regional Library, Citrus County Center, Annie E. Johnson Senior Center, East Side Senior Center (Paul Drive Community Center), Citrus County Board of Commissioners, Citrus County Courthouse, Canning Plant (Extension Service), Citrus County Sheriff's Office, Citrus County Transportation & Senior Care Services, Lecanto Community Park.
The Department reviewed the County's policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.
Finally, the Department reviewed the Sheriff's Department's policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.
JURISDICTION
1. The ADA applies to the County because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).
2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the complaint in this matter to determine the compliance of the County with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. section 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.
3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to investigate the complaint in this matter to determine the County's compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. sections 42.530, 42.108-110, to suspend or terminate financial assistance to the County provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.
4. The parties to this Agreement are the United States of America and Citrus County, Florida. Because the County does not directly supervise the Supervisor of Elections or the Sheriff's Department, provisions regarding voting, 9-1-1, law enforcement, and emergency management will be addressed in separate agreements with the appropriate agencies.
5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.
6. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled "Implementation and Enforcement."
ACTIONS TAKEN BY CITRUS COUNTY
• The County conducted a self-evaluation in 1995. The Department received a copy of the County's Transition Plan, Schedules and Priorities for ADA Compliance, May 1999-September 2007.
C The County has designated an ADA Coordinator, and the Director of Human Resources is responsible for coordinating all 504 issues, including employment, policies, and practices of the County.
C The Department surveyed the Lecanto Community Center, and individuals with disabilities have access to the programs, services, and activities conducted in this facility.
C On January 20, 2000, the Mayor signed an Equal Access Policy stating that no individual with a disability shall be excluded from employment by the County or from programs, services, or facilities provided by the County.
C The County removed a statement from its Employment Application that asked a job applicant about the existence, nature, or severity of a disability.
C The County's employment application states that the county will not discriminate on the basis of disability in employment or the provision of services.
C In 1997, the Florida Accessibility Code for Building Construction ("FACBC") was certified by the Department as equivalent to the standards contained in the ADA. The standard was incorporated in the Florida Building Code, which became effective throughout the State of Florida on March 1, 2002.
C The County has an assistive listening device in the Lecanto Government Building.
REMEDIAL ACTION
NOTIFICATION
7. Within two months of the effective date of this Agreement, the County will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the County; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request.
8. Within six months of the effective date of this Agreement, and annually thereafter until the Agreement terminates, the County will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the County's accessible programs, services, and activities.
GRIEVANCE PROCEDURE
9. Within two months of the effective date of this Agreement, the County will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.
GENERAL EFFECTIVE COMMUNICATION PROVISIONS
10. Within two months of the effective date of this Agreement, the County will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).
11. The County will publicize its central TTY telephone number on the same basis as its voice number, through its inclusion on County letterhead that is ordered, County publications that appear, and the first reprinting of the local telephone book that takes place after the effective date of this Agreement. Such publication will include an explanation that the TTY number functions as a TTY number for all County offices and will be reiterated in subsequent publications and local telephone book editions for the life of this Agreement.
12. Within two months of the effective date of this Agreement, the County will implement and report to the Department its written procedures to ensure that TTY calls are returned by the appropriate County official by TTY on the same day as the call is received. If the caller's questions or concerns cannot be handled promptly, the procedures will require a County employee to communicate with the caller on the same day in order to establish a time frame for the call-back.
13. The County will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the Florida Relay Service to make and receive calls and that its TTY's are maintained in good working order through test calls every six months for the life of this Agreement.
EMPLOYMENT
14. Within three months of the effective date of this Agreement, the County will amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. At minimum, those policies will provide that the County:
C will not discriminate on the basis of disability in its hiring or employment practices.
C will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position.
C will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the County's business.
C will maintain any employee's medical records separate from personnel files and keep them confidential.
C will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the County's selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.
SIDEWALKS
15. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts at particular locations.
16. Within three months of the effective date of this Agreement, the County will identify and report to the Department all streets, roads, and highways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.
17. Beginning no later than one month after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered.
18. Within three months of the effective date of this Agreement, the County will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway.
19. Beginning no later than three months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway.
PHYSICAL CHANGES TO FACILITIES
20. The elements or features of the County's facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the County's services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.
21. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement.
22. Within three months of the effective date of this Agreement, the County will install 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:
23. Within three months of the effective date of this Agreement, the County will make the following alterations to the Homassassa Springs Area Recreational Park.
A. Parking. The van accessible parking space is not designated by a sign that includes the term "van accessible." Provide a sign designating the space as "van-accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4
B. Men's Toilet Room
(1) The hot water and drain pipes beneath the lavatory in the men's toilet room are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
(2) The door coat hook in the designated accessible stall is located 56 inches above the finished floor. Provide a hook that is no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
C. Women's Toilet Room
(1) The toilet room identification sign is mounted in the wrong location. Provide a sign with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The hot water and drain pipes beneath the lavatory in the women's toilet room are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
(3) The highest operable part of the paper towel dispenser in the women's room is 54 inches above the finished floor. Provide a paper towel dispenser so that the highest operable part is no more than 48 inches above the finished floor for a front reach or 54 inches for a side reach. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
(4) The door coat hook in the designated accessible stall is located 56 inches above the finished floor. Provide a hook that is no more than 48 inches above the finished floor for a front reach or 54 inches for a side reach. Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
D. Water Fountain. One accessible drinking fountain is provided. Provide one drinking fountain that is accessible for those who have difficult bending or stooping or provide paper cups within accessible reach ranges. Standards §§ 4.1.3(10), 4.2.5, 4.2.6.
E. Accessible Route to Women's Restroom near the Telephone Booth. There is a picnic table that limits the clear width on the accessible route to the women's toilet room. Provide an accessible route that is at least 36 inches wide. Standards §§ 4.1.3(1), 4.3.2(2).
24. Within six months of the effective date of this Agreement, the County will make the following alterations to the Citrus Springs Community Center (Building A - Large Wing).
A. Women's and Men's Toilet Rooms
(1) The height of the lavatory in each room provides a clearance of 28 inches from the finished floor to the bottom of the apron and a knee clearance that is 6 inches deep. Provide a lavatory that has a clearance of at least 29 inches above the finished floor to the bottom of the apron and a knee clearance that is at least 8 inches deep and 27 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.
(2) The toilet seat cover dispensers in the accessible stalls in the women's and men's toilet rooms are located 56 inches above the finished floor. Provide a toilet seat cover dispenser so that the bottom edge of the dispenser opening is within the reach ranges of a person who uses a wheelchair. Standards §§ 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.5, 4.2.6.
B. Kitchen. The hot water and drain pipes beneath the kitchen lavatory are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards § 4.19.4.
25. Within six months of the effective date of this Agreement, the County will make the following alterations to the Citrus Springs Community Center (Building B - Small Wing).
A. Parking. The designated parking space for persons with disabilities who use vans does not include signage indicating that it is "van accessible." Provide a sign designating the space as "van-accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4
B. Women's and Men's Toilet Room
(1) The 28 inch high lavatory counters in the women's and men's toilet rooms do not provide sufficient knee clearance. Provide a lavatory in each room that has knee clearance of at least 29 inches above the finished floor to the bottom of the apron and a knee clearance that is at least 8 inches deep and 27 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.
(2) The door coat hook in the designated accessible stall is located 58 inches above the finished floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a forward reach. Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
26. Within three months of the effective date of this Agreement, the County will make the following alterations to the New Citrus County Courthouse.
A. Witness Stand. The witness stands in the four new courtrooms are on raised platforms. Provide access to these elements via a ramp or platform lift for each witness stand or remove the platforms. Standards §§ 4.3.8, 4.8, 4.11.
B. Spectator Seating. There are no wheelchair locations in the fixed seating area and no transfer seats for spectators in the courtroom. Provide wheelchair locations in the spectator seating area that adjoin an accessible route. Also provide aisle seats with no armrest or with a removable or folding armrest on the aisle side. Identify each such seat with a sign or marker. Standards §§ 4.1.3(19)(a), 4.3, 4.5, 4.33 & Fig. 46.
C. Accessible Holding Cell. The toilet in the holding cell designated for persons with disabilities does not contain a side grab bar. Provide a 42 inch long side grab bar mounted 12 inches from the rear wall, between 33 and 36 inches above the floor, and 1½ inches from the wall on which it is mounted. Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29.
Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the following actions:
27. Within three months of the effective date of this Agreement, except as otherwise noted, the County will make the following alterations to the Homossassa Public Library.
A. Parking. The van accessible parking space is not designated by a sign that includes the term "van accessible." Provide a sign designating the space as "van-accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.
B. Stacks. The distance between the stacks is 33 inches. If the County continues to use this facility as a library after July 1, 2005, the County will widen the aisles between stacks to at least 36 inches within three months of that date.
28. Within nine months of the effective date of this Agreement, the County will make the following alterations to the Bicentennial Park.
A. Parking. The designated accessible parking space sign does not include the term "van accessible." Provide a sign designating the space as "van-accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.
B. Bicentennial Park/Baseball Complex
(1) Accessible Route. There is a change in level on the accessible route where the parking lot meets the concrete sidewalk. Provide an accessible route so that the change is no greater than ½ inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.2(1), 4.1.6(2), 4.3.8, 4.5.2.
(2) Concession Stand. The top of the concession stand counter is 38 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs). Standards § 7.2(1).
C. Men's Toilet Room
(1) The centerline of the toilet is located 22 inches from the side wall. Provide a toilet so that its centerline is exactly 18 inches from the side wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.2 & Fig. 28.
(2) Access to the urinal is obstructed by the reduction in width of the accessible route to 32 inches at the toilet partition pilaster. Provide an unobstructed accessible route that is at least 36 inches wide along its full length. Standards §§ 4.1.6(2), 4.1.3(1), 4.3.3.
(3) The hot water and drain pipes beneath the lavatory in the men's toilet room are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
(4) The highest operable part of the paper towel dispenser in the men's room is 54 inches above the finished floor. Provide a paper towel dispenser, so that the highest operable part is no more than 48 inches above the finished floor for a front approach or 54 inches above the floor for a side approach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
D. Women's Toilet Room
(1) The centerline of the toilet is located 21 inches from the side wall. Provide a toilet so that its centerline is exactly 18 inches from the side wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.2 & Fig. 28.
(2) The hot water and drain pipes beneath the lavatory in the women's toilet room are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
(3) The highest operable part of the paper towel dispenser in the women's room is 54 inches above the finished floor with only a forward approach provided. Provide a paper towel dispenser so that the highest operable part is no more than 48 inches above the finish floor for a front approach or 54 inches above the floor for a side approach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
E. Picnic Area
(1) The picnic table is not accessible to persons who use wheelchairs. Provide an accessible picnic table and provide companion seating in the same location. Standards §§ 4.1.6(1)(b), 4.1.3(19), 4.32.3, 4.32.4.
(2) The accessible route at the park does not extend to the picnic table. Provide an accessible route to the accessible picnic table. Standards §§ 4.1.6(1)(b), 4.1.2(2), 4.1.3(19)(a), 4.2, 4.3, 4.5.
(3) Due to broken concrete on the sidewalk, the accessible route contains level changes exceeding ½ inch. Provide an accessible route so that the level changes are no greater than ½ inch and are beveled with a slope no greater than 1:2. Standards §§ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.5.2.
F. Tennis Courts. There is no accessible route between the sidewalk and the tennis court. Provide an unobstructed accessible route to the tennis courts that is firm, stable, and slip-resisent. Standards §§ 4.1.6(1)(b), 4.1.2(2), 4.1.3(1), 4.2, 4.3, 4.5.
G. Playground. The swing set is not on an accessible route. Provide an accessible route to the swing set. Standards §§ 4.1.6(1)(b), 4.1.2(2), 4.1.3(1), 4.2, 4.3, 4.5.
H. Baseball (West Parking) Lot
(1) None of the designated accessible parking spaces has a sign that designates the space as "van accessible." Provide a space with a 96 inch wide access aisle and install a sign designating the space as "van-accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.
(2) There are 130 parking spaces of which three are designated accessible. Provide two additional accessible parking spaces that conform to the Standards. Standards §§ 4.1.6(1)(b), 4.1.2(5), 4.6.
I. West Complex - Bicentennial Park
(1) There is no accessible picnic table. Provide an accessible picnic table. Standards §§ 4.1.6(1)(b), 4.1.3(19)(2), 4.32.3, 4.32.4.
(2) The cross slope at the concession stand exceeds 2%. Provide an accessible route to the concession stand the slope of which does not exceed 2% in any direction. Standard §§ 4.1.6(2), 4.1.2(1).
J. Public Telephone. The height of the coin slot of the public telephone is 59 inches. Provide a public telephone where the highest operable part of the telephone is 48 inches above the floor for a front approach or 54 inches above the floor for a side approach. Standards §§ 4.1.6(1)(b), 4.1.3(13), 4.27.3, 4.2.5, 4.2.6.
K. Women's Toilet Room. The highest operable part of the paper towel dispenser in the women's toilet room is 51 inches above the finished floor with only a forward reach provided. Provide a paper towel dispenser so that the highest operable part is 48 inches above the finished floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
L. Men's Toilet Room. The highest operable part of the paper towel dispenser in the men's toilet room is 52 inches above the finished floor with only a forward reach provided and the soap dispenser is also too high. Provide a paper towel and soap dispenser so that the highest operable parts are no more than 48 inches above the floor for a front approach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
29. Within nine months of the effective date of this Agreement, the County will make the following alterations to the Bicentennial Park (Pool).
A. Parking. The designated accessible parking space is not van accessible. Provide a space with a 96 inch wide access aisle and install a sign designating the space as "van-accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.
B. Curb ramp. The curb ramp configuration exceeds the maximum allowable slope, and lacks traffic protection. Provide a curb ramp with a maximum slope of 1:12, and provide either handrails or guardrails, or flared sides with a maximum slope of 1:10. Standards §§ 4.1.3(1), 4.3.8, 4.7.2, 4.7.5.
C. Check-In Counter/Accessible Entrance. The accessible entrance is not identified. Provide a sign at the inaccessible check-in counter directing individuals to the accessible entrance. Standards §§ 4.1.6(1)(b), 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
D. Women's Toilet Room/Changing Area
(1) The designated stall for persons with disabilities is 38 ½ inches wide. Provide
a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (or at least 56 inches deep if the toilet is wall mounted) 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.13, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.
(2) The hot water and drain pipes beneath the lavatory in the women's toilet room
are not insulated or configured to protect against contact. Insulate or otherwise
configure the hot water and drain pipes to protect against contact. Standards
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
(3) The highest operable part of the paper towel dispenser in the women's room is 61 inches above the finished floor. Provide a paper towel dispenser so that the highest operable part is no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
(4) The door coat hook in the designated accessible stall is located 67 inches above the finished floor. Provide a hook that is no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
(5) Shower
a. There is no seat in the 36 by 36 inch shower stall. Provide a shower seat, on the wall opposite the controls, that is between 17 and 19 inches high and extends the full depth of the stall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.23.8, 4.21.3.
b. The 36 by 36 inch shower stall does not have an adjustable height shower spray unit and the controls are not operable without tight grasping, pinching or twisting of the wrist. Provide a shower spray unit with a hose at least 60 inches long or a fixed shower head at 48 inches above the finished floor that has controls that do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.23.8, 4.21.5, 4.21.6, 4.27.4.
c. There is no grab bar on the control wall. Provide a grab bar on the control wall that extends the full length of the wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.23.8, 4.21.4, Fig. 37(a).
E. Men's Toilet Room/Changing Area
(1) The designated stall for persons with disabilities is 38 ½ inches wide and 71
inches deep. Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (or at least 56 inches deep if the toilet is wall mounted) 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.
(2) The hot water and drain pipes beneath the lavatory in the men's toilet room are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
(3) The highest operable part of the paper towel dispenser in the men's room is 59 inches above the finished floor. Provide a paper towel dispenser so that the highest operable part is no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
(4) Shower
a. There is no seat in the 36 by 36 inch shower stall. Provide a shower seat, on the wall opposite the controls, that is between 17 and 19 inches high and extends the full depth of the stall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.23.8, 4.21.3.
b. The 36 by 36 inch shower stall does not have an adjustable height shower spray unit and the controls are not operable without tight grasping, pinching or twisting of the wrist. Provide a shower spray unit with a hose at least 60 inches long or a fixed shower head at 48 inches above the finished floor that has controls that do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.23.8, 4.21.5, 4.21.6, 4.27.4.
c. There is no grab bar on the control wall. Provide a grab bar on the control wall that extends the full length of the wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.23.8, 4.21.4, Fig. 37(a).
30. Within six months of the effective date of this Agreement, the County will make the following alterations to the Holder Community Center.
A. Parking. There are two parking spaces for persons with disabilities, neither of which is designated as van-accessible. Provide a van-accessible parking space that is served by an access aisle 96 inches wide and is designated as "van accessible." Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.
B. Women's Toilet Room. The highest operable part of the paper towel dispenser in the women's room is 58 inches high. Provide a paper towel dispenser in the women's toilet room so that the highest operable part is no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
C. Men's Toilet Room. The paper towel dispenser in the men's toilet room is a protruding object. Provide a paper towel dispenser in the men's toilet room that is not a protruding object. Standards §§ 4.1.6(1)(b), 4.1.3(2), 4.4.1.
D. Water Fountain. The water fountain is not accessible. Provide a water fountain with a spout height no higher than 36 inches above the finished floor. Also provide a water fountain that is accessible to those who have difficulty bending or stooping or provide paper cups within accessible reach ranges. Standards §§ 4.1.6(1)(b), 4.1.3(10), 4.2.5, 4.2.6, 4.15.2 & Fig. 27(a).
31. Within three months of the effective date of this Agreement, the County will make the following alterations to the Floral Park.
A. North Pavilion. The parking space for persons with disabilities is not designated as "van accessible." Provide a space with a 96 inch wide access aisle and install a sign designating the space as "van-accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.
B. South Pavilion
(1) The van accessible parking space is not designated as "van accessible." Provide a sign designating the space as "van accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.
(2) There is a level change on the accessible route that exceeds the maximum allowable ½ inch. Provide an accessible route such that changes in level are no greater than ½ inch and changes in level between ¼ and ½ inch are beveled with a slope no greater than 1:2. Standards §§ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.5.2.
(3) Women's and Men's Toilet Room
a. The hot water and drain pipes beneath the lavatories for persons with disabilities in the women's and men's toilet rooms are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
b. The door coat hooks in the designated accessible stalls in the women's and men's toilet rooms are located 63 inches above the finished floor. Provide hooks that are no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
32. Within six months of the effective date of this Agreement, the County will make the following alterations to the Floral City Library.
A. Parking. The designated van accessible parking space sign does not include the term "van accessible." Provide a sign designating the space as "van accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.
B. Water Fountain. The water fountain is not accessible. Provide a water fountain with a spout height no higher than 36 inches above the finished floor. Also provide a water fountain that is accessible to individuals who have difficulty bending or stooping or provide cups within accessible reach ranges. Standards §§ 4.1.6(1)(b), 4.1.3(10), 4.2.5, 4.2.6, 4.15.2 & Fig. 27(a).
C. Unisex Toilet Room. The hot water and drain pipes beneath the lavatory are not completely insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
33. Within six months of the effective date of this Agreement, the County will make the following alterations to the Citrus County Auditorium.
A. Parking. The sign for the designated parking space that is van accessible does not include the term "van accessible." Provide a sign designating the space as "van accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.
B. Men's Toilet Room
(1) The hot water and drain pipes beneath the lavatory designated for persons with disabilities in the men's toilet room are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
(2) The door coat hook in the designated accessible stall is located 57 inches above the finished floor. Provide a hook that is no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
(3) The highest operable part of the paper towel dispenser is 60 inches. Provide a paper towel dispenser so that the highest operable part is no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
(4) The pressure required to open the inner toilet room door is 8 lbs. Provide hardware so that the force required to open the door is no more than 5 pounds. Standards §§ 4.1.6(1)(b), 4.1.6(1)(b), 4.1.3(7)(b), 4.13.11(2)(b).
C. Women's Toilet Room
(1) The hot water and drain pipes beneath the lavatory in the women's toilet room are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
(2) The highest operable part of the paper towel dispenser in the women's room is 59 inches. Provide a paper towel dispenser in the women's toilet room so that the highest operable part is no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
(3) The pressure required to open the inner door to the toilet room is 10 lbs and the pressure for the outer door near the entrance is 11 lbs. Provide hardware so that the force required to open each door is no more than 5 pounds. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.11(2)(b).
(4) There are six toilet stalls in the women's restroom, of which one is a designated "standard" accessible stall. There is no 36 inch wide stall with parallel grab bars. Provide a 36 inch wide stall with an outward swinging, self-closing door and parallel grab bars. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4 & Fig.30(d), 4.16, 4.26.
D. Women's and Men's Dressing Rooms. The highest operable part of the paper towel dispenser in the women's dressing room is 63 inches and it is 64 inches high in the men's dressing room. Provide paper towel dispensers in the women's and men's dressing rooms so that the highest operable part of each is no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
34. Within three months of the effective date of this Agreement, the County will make the following alterations to Animal Control.
A. Parking. There is a level change from the parking lot to the sidewalk. Provide an accessible route without abrupt changes in level greater than ½ inch and with all changes in level between ¼ and ½ inch beveled with a slope no greater than 1:2. Standards §§ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.5.2.
35. Within six months of the effective date of this Agreement, the County will make the following alterations to the East Citrus Community Center.
A. Parking. The designated parking space that is van accessible does not have a sign that includes the term "van accessible." Provide a sign designating the space as "van accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.
B. Unisex Toilet Room. The highest operable part of the paper towel dispenser in the unisex toilet room is 57 inches above the finished floor. Provide a paper towel dispenser in the unisex restroom so that the highest operable part is no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
C. Stage. The stage has a raised platform that is 17 inches. Provide access to the stage via a ramp or platform lift. Standards §§ 4.1.6(1)(b), 4.1.3(5), 4.33.5, 4.3.8, 4.8, 4.11.
36. Within six months of the effective date of this Agreement, the County will make the following alterations to the Historic Courthouse Museum.
A. Men's Toilet Room
(1) The hot water and drain pipes beneath the lavatory in the men's toilet room are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
(2) The floor space in front of the urinal is 27 inches wide. Provide a clear floor space that is at least 30 inches wide and 48 inches deep. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.3.
(3) The door coat hook in the designated accessible stall is located 57 inches above the finished floor. Provide a hook that is no more than 48 inches above the finished floor for a front reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.
B. Women's Toilet Room. The hot water and drain pipes beneath the lavatory in the women's toilet room are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
37. Within three months of the effective date of this Agreement, the County will make the following alterations to the Lecanto Government Building.
A. Parking. The designated parking space that is van accessible does not have a sign that includes the term "van accessible." Provide a sign designating the space as "van accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.
B. Women's and Men's Toilet Rooms. The hot water and drain pipes beneath the lavatories in the women's and men's toilet rooms are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
Program Access in Existing Facilities: 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, is readily accessible to and usable by persons with mobility impairments, the County will take the following actions:
38. The Parties agree that 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.
39. Within three months of the effective date of this Agreement, the County will make the following alterations to the Homossassa Springs Area Recreation Park (Old).
A. Parking. The designated accessible parking space does not have a sign that designates the space as "van accessible." Provide a sign designating the space as "van-accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4
40. Within six months of the effective date of this Agreement, the County will make the following alterations to the Coastal Regional Library.
A. Parking. The parking space that is van accessible does not have a sign that includes the phrase "van accessible." Provide a sign designating the space as "van-accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.
B. Men's Toilet Room
(1) The toilet room identification sign is mounted on the door. Provide a sign with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the sign 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) The lavatory in the men's toilet room has twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. Standards §§ 4.19.5, 4.27.4.
(3) A strobe light is needed in the men's toilet room. Provide a visual alarm device in the toilet room. Standards §§ 4.28.1, 4.28.3.
C. Drinking Fountains. The drinking fountains outside the men's toilet room are mounted between 27 inches and 80 inches above the floor, and protrude more than 4 inches into the corridor. Provide drinking fountains that are not protruding objects. Standards §§ 4.1.3(2), 4.4.1.
D. Community Room. The door to the Community Room has knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.
E. Women's Toilet Room
(1) The lavatory in the women's toilet room has twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. Standards §§ 4.19.5, 4.27.4.
(2) The hot water and drain pipes beneath the lavatory in the women's toilet room
are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards § 4.19.4.
(3) A strobe light is needed in the women's toilet room. Provide a visual alarm device in the toilet room. Standards §§ 4.28.1, 4.28.3.
F. Library Counter. The top of the library counter at the front desk is 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). Standards § 7.2(2).
41. Within six months of the effective date of this Agreement, the County will make the following alterations to the Citrus County Center.
A. Curb Ramps. The curb ramp projects into the vehicular traffic lane. Provide a curb ramp in a location that does not project into vehicular traffic lances. Standards § 4.7.6.
B. Room Numbers. The room number signs throughout the County Offices located in the Center do not have Braille. Provide signs that have raised characters and Braille and are mounted on the latch side of the door so that their centerlines are 60 inches above the finished floor and a person can approach within 3 inches of the signs 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.
C. Counter. The tops of the counter spaces for the various County offices are 54 inches above the finished floor. At each, provide counters that are at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). Standards § 7.2(2).
D. Computer Counter. The public data computer and printer are on a counter that is 42 inches above the finished floor. Provide a computer counter that is between 28 and 34 inches high and has knee space at least 27 inches high, 30 inches wide, and 19 inches deep. Standards §§ 4.32.3, 4.32.4.
E. Unisex Toilet Room
(1) There is no rear grab bar in the designated accessible stall. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. Standards § 4.17.6 & Fig. 30(a).
(2) The hot water and drain pipes beneath the lavatory in the unisex toilet room are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards § 4.19.4.
(3) The lavatory in the unisex toilet room has twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. Standards § 4.27.4.
(4) The entrance to the unisex toilet room is not identified with the International Symbol of Accessibility. Provide identifying signage at the entrance. Standards §§ 4.1.2(7)(d), 4.30.7(1).
42. Within nine months of the effective date of this Agreement, the County will make the following alterations to the Annie E. Johnson Senior Center.
A. Ramp/Front Entrance
(1) The front entrance is not accessible because the front ramp is too steep. There is an accessible ramp at the side/rear entrance of the building. Provide a sign at the front entrance directing individuals to the accessible entrance and ramp at the side of the building. Standards §§ 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
(2) There is no accessible route from the accessible parking to the ramp on the side of the building. Provide an accessible route from the accessible parking to the ramp and extend the ramp so it is flush with the ground surface. Standards §§ 4.1.2(2), 4.3, 4.5.
(3) There is no accessible parking space near the ramp at the side/rear entrance. Provide a van-accessible parking space served by an access aisle 96 inches wide and designated "van accessible." Standards §§ 4.1.2(5), 4.6.
B. Route to the Toilet Rooms. There are obstructions on the accessible route to the women's and men's toilet rooms. Provide an unobstructed path to the women's and men's toilet rooms that are at least 36 inches wide. Standards §§ 4.1.2(2), 4.3.3, 4.4.2.
C. Men's and Women's Toilet Rooms. The men's and women's toilet rooms are not accessible. Provide a men's and a women's toilet room so that the spaces and elements in each room, including the room identification signage, entry door, clear floor space, turning space, accessible route, water closet, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards, or provide a unisex toilet room that complies with the Standards. Standards §§ 4.2, 4.3, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29, 31, 32.
43. Within six months of the effective date of this Agreement, the County will make the following alterations to the East Side Senior Center (Paul Drive Community Center).
A. Parking
(1) Access to the designated accessible parking spaces is obstructed by cars that
are stacked behind each other. Provide access to the designated accessible parking spaces. 28 C.F.R.§ 35.133(a).
(2) There is no van-accessible parking space. Provide a van-accessible parking space served by an access aisle 96 inches wide and a "van accessible" sign mounted below the symbol of accessibility such that the sign cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.
(3) The inaccessible front entrance has no signage directing individuals to the accessible side entrance. Provide a sign at the front entrance directing individuals to the accessible entrance. Standards §§ 4.1.3(8)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5
B. Entrance. There is no level landing in front of the entrance door. Provide maneuvering clearance at the entrance door that is level and clear. Standards §§ 4.13.6, Fig.25.
C. Unisex Toilet Room
(1) The unisex toilet room identification sign is mounted on the door. Provide a sign with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the sign 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) The highest operable part of the paper towel dispenser in the unisex toilet room is 55 inches high. Provide a paper towel dispenser in the unisex toilet room so that the highest operable part is no more than 48 inches above the finished floor for a front approach. Standards §§ 4.27.3, 4.2.5.
D. Stage. The stage has a raised platform that is 17 inches high. Provide access to the stage via a ramp or platform lift. Standards §§ 4.33.5, 4.3.8, 4.8, 4.11.
E. Water Fountain. The water fountain is not accessible. Provide a water fountain with a spout height no higher than 36 inches above the finished floor that is accessible to a person in a wheelchair. Also provide a fountain that is accessible to persons who have difficulty bending and stooping or provide cups within accessible reach ranges. Standards §§ 4.2.5, 4.2.6, 4.15.2 & Fig. 27(a).
44. Within six months of the effective date of this Agreement, the County will make the following alterations to the Citrus County Courthouse.
A. Elevator. There is no audible tone signal in the elevator car to indicate the position of the car in the hoistway. Provide an audible tone signal or verbal annunciator to indicate when the car stops at or passes a floor. Standards § 4.10.13.
B. Women's and Men's Second Floor Toilet Rooms
(1) The hot water and drain pipes beneath the lavatory in the men's and women's toilet rooms are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards § 4.19.4.
(2) Access to the required maneuvering space for the lavatory is obstructed by the protruding paper towel dispenser. Provide unobstructed access to the lavatory that is not reduced by protruding objects. Standards § 4.4.1.
(3) The lavatories in the men's and women's toilet rooms have twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. Standards §§ 4.19.5, 4.27.4.
(4) The soap dispenser is mounted so that the highest operable part is 54 inches above the finished floor with only a front reach available. Provide a dispenser so that its highest operable part is no more than 48 inches above the finished floor for a front reach. Standards §§ 4.27.3, 4.2.5, 4.2.6.
C. Court Room on the 2nd Floor. There is a raised step at the witness stand. Provide access to the witness stand via a ramp or platform lift. Standards §§ 4.3.8, 4.8, 4.11.
D. Court Room on the 3rd Floor. The jury and witness boxes are not accessible. Provide access to the jury and witness boxes via ramp or platform lift. Standards §§ 4.3.8, 4.8, 4.11.
45. Within three months of the effective date of this Agreement, the County will make the following alterations to the Canning Plant (Extension Service).
A. Parking. The access aisle and parking space at the Canning Plant are not level and have surface slopes exceeding 1:50. Provide a space and access aisle that are level with surface slopes not exceeding 1:50 in all directions. Standards §§ 4.1.2(5)(a), 4.6.3.
B. Entrance. The accessible side entrance door is not kept unlocked during all times when the building's main (inaccessible) entrance is open. Provide access to the accessible entrance during all hours that the main entrance is open. 28 C.F.R. § 35.133(a).
C. Handrails. The handrails on the ramp to the accessible entrance door lack 12 inch extensions at the bottom of the ramp segment that are parallel with the ground. Provide 12 inch handrail extensions at the bottom of the ramp. Standards § 4.8.5, Fig. 17.
D. Women's Toilet Room. The women's toilet room identification sign is mounted on the door. Provide a sign with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the sign 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.
46. Within 6 months of the effective date of this Agreement, the County will make the following alterations to the Citrus County Transportation & Senior Care Services.
A. Parking. The parking space for persons with disabilities is not designated as "van accessible." Provide a sign designating the space as "van accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.
B. Unisex Toilet Room. The paper towel dispenser is not accessible. Provide a paper towel dispenser in the unisex toilet room so that the highest operable part is no more than 48 inches high for a front approach or 54 inches for a side approach. Standards §§ 4.27.3, 4.2.5, 4.2.6.
47. Within six months of the effective date of this Agreement, the County will make the following alterations to the Lecanto Community Park.
A. Parking
(1) The designated van accessible parking space sign does not include the term "van accessible." Provide a parking space with a 96 inch wide access aisle and a sign designating the space as "van accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.
(2) The curb ramp extends into the accessible parking spaces' access aisle. Provide an access aisle that is level in all directions. Standards § 4.6.3.
B. Women's and Men's Toilet Rooms
(1) The highest operable parts of the paper towel dispensers in the women's and men's rooms are 60 inches high. Provide paper towel dispensers in the women's and men's toilet rooms so that the highest operable part of each is no more than 48 inches for a front approach or 54 inches for a side approach. Standards §§ 4.27.3, 4.2.5, 4.2.6.
(2) The hot water and drain pipes beneath the lavatories in the women's and men's toilet rooms are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards § 4.19.4.
48. Within one year of the effective date of this Agreement, the county will make the following alterations to the Citrus County Sheriff's Office:
A. Men's and Women's Toilet Rooms
(1) The hot water and drain pipes beneath the lavatories for persons with disabilities in the women's and men's toilet rooms are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards § 4.19.4.
(2) The lavatories in the women's and men's toilet rooms have twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. Standards §§ 4.19.5, 4.27.4.
(3) The toilet stall for persons with disabilities is 42 ½ inches wide and 108 inches deep. Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (or at least 56 inches deep if the toilet is wall mounted) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.
MISCELLANEOUS PROVISIONS
49. Except as otherwise specified in this Agreement, at three, six, nine, and 12 months after the effective date of this Agreement, and annually thereafter until the termination or expiration of the Agreement, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.
50. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).
51. Within 120 days of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and the etiquette of interacting with persons with disabilities. The County will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.
52. Within one year of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.
IMPLEMENTATION AND ENFORCEMENT
53. If at any time the County desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.
54. The Department may review compliance with this Agreement at any time. If the Department believes that the County has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the County in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the County, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.
55. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.
56. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
57. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the County or the Department on request.
58. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments), shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.
59. This Agreement will remain in effect for 5 years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the County has been achieved, whichever is later.
60. The person signing for the County represents that he or she is authorized to bind the County to this Agreement.
61. The effective date of this Agreement is the date of the last signature below.
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For the County:
By: ____________________________
Date: ___________________________
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For the United States:
R. ALEXANDER ACOSTA Assistant Attorney General Civil Rights Division
By:_____________________________ JOHN L. WODATCH, Chief MARY LOU MOBLEY, Acting Deputy Chief NAOMI MILTON, Supervisory Attorney AMELIA M. EDUARDO, Investigator MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section - NYA Washington, DC 20530
Date: ______________________________ |