Settlement Agreement between the United States of America and the City of Davenport, Iowa, Attachment F

Attachment F: Modifications to Newly Constructed Facilities

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

1. The City will make the following modifications to the Annie Wittenmyer Aquatic Center located at 2800 Eastern Avenue, within eighteen months of the effective date of this Agreement:

A. Men's and Women's Dressing Rooms

i. The benches in the Men's and the Women's Dressing Rooms are not fixed to the wall. Provide a 24 inch by 48 inch bench fixed to the wall along the longer dimension of each room. The bench shall be of sufficient structural strength and mounted with its surface 17 inches to 19 inches above the finished floor. Clear floor space shall be provided alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

B. Drinking Fountain (outside)

i. Although a drinking fountain is provided for people who use wheelchairs, the drinking fountain is a protruding object and is not accessible to people who have difficulty bending or stooping. Provide an accessible drinking fountain that is not a protruding object and one additional drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards §§ 4.1.3(10)(a), 4.4.1.

2. The City will make the following modifications to the Compost Facility located at 2606 South Concord Street, within six months of the effective date of this Agreement:

A. Parking

i. Although the parking lot has a total of 10 parking spaces, none are van accessible. On the shortest accessible route to the accessible entrance, provide at least one van accessible space a minimum of 96 inches wide, served by an access aisle at least 96 inches wide, with a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

3. The City will make the following modifications to the Fejervary Aquatic Center located at 201 East 3^rd Street, within eighteen months of the effective date of this Agreement:

A. Parking

i. Although the parking lot has a total of 175 parking spaces, only 3 standard spaces are designated for persons with disabilities, and none have vertical signs. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and 5 standard spaces designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. The van accessible space shall be a minimum of 96 inches wide and served by an access aisle at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. The van accessible space shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

B. Men's and Women's Dressing Rooms

i. The benches in the Men's and the Women's Dressing Room are not fixed to the wall. Provide a 24 inch by 48 inch bench fixed to the wall along the longer dimension of each room. The bench shall be of sufficient structural strength and mounted with its surface 17 inches to 19 inches above the finished floor. Clear floor space shall be provided alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

C. Drinking Fountain (outside)

4. The City will make the following modifications to the Parking Ramp #35 located at 104 East 2^nd Street, within three months of the effective date of this Agreement:

A. The signs designating the 4 parking spaces on Level C as reserved for persons with disabilities are too low. At each space designated for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

5. The City will make the following modifications to the Parking Ramp #32 located at 202 Harrison Street, within three months of the effective date of this Agreement:

A. The signs designating 8 of the 11 parking spaces as reserved for persons with disabilities are too low. At each space designated for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

6. The City will make the following modifications to the Public Works Office located at 1200 East 46^th Street, within eighteen months of the effective date of this Agreement:

A. Parking

i. Although the parking lot has a total of 6 parking spaces designated for persons with disabilities, none are van accessible. On the shortest accessible route to the accessible entrance, provide at least one van accessible space a minimum of 96 inches wide, served by an access aisle at least 96 inches wide, with a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

ii. The built-up curb ramp impermissibly extends into the required access aisle of the parking spaces. Provide a curb ramp located so that it does not project into this element and all aspects of the ramp or curb cut comply with the Standards. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.7.6.

B. Unisex Single-User Toilet Room

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

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

iii. The rear grab bar at the toilet is inaccessible because it is 30 inches long and 36 inches from the farther end to the side wall. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, Fig. 29.

C. Main Reception Counter

i. The reception counter is inaccessible because it is 42 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

7. The City will make the following modifications to the River Center South located at 201 East 3^rd Street, within eighteen months of the effective date of this Agreement:

A. Men's First Floor Toilet Room near De Soto Rm.

i. The toilet room sign is not on the latch side of the door and is centered at 50 inches above the finished floor. Provide a toilet room sign that is mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The urinal is inaccessible because its rim is 24 inches above the finished floor and its flush control is 48 inches above the finished floor. 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. 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.

B. Women's First Floor Toilet Room near De Soto Rm.

ii. There is no accessible coat hook. 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.

C. Men's First Floor Toilet Room in Great Hall (south side)

i. The toilet room sign is centered at 50 inches above the finished floor. Provide a toilet room sign that is centered at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The paper towel dispenser is inaccessible because the controls are mounted at 58 inches above the finished floor. Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

iii. The toilet in the designated accessible stall is inaccessible because its centerline is 21 inches from the side wall. Provide a toilet with a centerline that is 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

iv. There is no accessible coat hook. 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.

D. Women's First Floor Toilet Room in Great Hall (south side)

i. The toilet room sign is centered at 48 inches above the finished floor. Provide a toilet room sign that is centered at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

iii. The lavatory with push type controls is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

E. Men's First Floor Toilet Room in Great Hall (north side)

iii. The lavatory is inaccessible because it has twist type controls. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

F. Women's First Floor Toilet Room in Great Hall (north side)

ii. The paper towel dispenser is inaccessible because the controls are mounted at 59 inches above the finished floor. Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

G. Men's Second Floor Toilet Room

i. The toilet room sign is not on the latch side of the door and is centered at 48 inches above the finished floor. Provide a toilet room sign that is mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

iii. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

iv. The side grab bar at the toilet in the designated accessible stall is inaccessible because the distance from the farther end to the rear wall is 49 inches. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 30.

v. There is no accessible coat hook. 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.

H. Women's Second Floor Toilet Room

I. Public Telephones

i. The telephone located on the first floor, south side, is inaccessible because the receiver is 61 inches above the finished floor. Provide an accessible 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. Standards §§ 4.1.3(17), 4.31.

J. Box Office Windows - North Side

i. There is no signage identifying the box office window inside the entrance vestibule as accessible. Provide signage using the International Symbol of Accessibility to identify that the box office window is designated for persons with disabilities that otherwise comply with the Standards. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7(1).

ii. There is no directional signage at the inaccessible box office windows to the accessible box office window located inside the entrance vestibule. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible box office windows indicating the location of the nearest accessible box office window and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.