Attachment K

 

Please Note: Paragraph 52 of the Agreement requires that within three months of the effective date of this Agreement, the City of Green Bay, WI 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.

 

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.

 

Program Access in Existing Facilities:  In order to ensure that each of the City'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 City will take the actions listed below:

 

1.         Within 36 months of the effective date of this Agreement, the City will complete the following modifications to the Bay Beach Comfort Station/Shelter, 1313 Bay Beach Road:

 

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

 

b.         There are no accessible routes provided to ballfield, parking area, shelter or any elements and spaces.  Provide at least one accessible route within the boundary of the site connecting each of these elements that, to the maximum extent feasible, coincides with the routes for the general public.  The accessible routes must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

2.         Within 36 months of the effective date of this Agreement, the City will complete the following modifications to the East End Shelter with Canopy at the Beach Bay Amusement Park, 1313 Bay Beach Road:

 

a.         There is no accessible route to the play area or any of the play equipment.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

b.         There is no drinking fountain that is accessible to persons who have difficulty bending or stooping.  For each lower drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.1.3(10)(a), 4.1.6(1)(b).

 

c.         Men's Toilet Room with Stalls

 

i.          The toilet room sign does not contain the International Symbol of Accessibility or raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

ii.          The controls to the paper towel dispenser are 64 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 lavatory hardware requires twisting of the wrist to operate.  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.

 

iv.         The lavatory pipes are not covered to protect against contact.  Provide 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.

 

v.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

           

d.         Women's Toilet Room with Stalls (East End Shelter)

 

i.          The toilet room sign does not contain the International Symbol of Accessibility or raised or Braille characters and it is not mounted in the required location.  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 controls to the paper towel dispenser are 64 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 lavatory hardware requires twisting of the wrist to operate.  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.

 

iv.         The lavatory pipes are not covered to protect against contact.  Provide 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.

 

v.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, coat hook, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

                                   

vi.         In addition to the "standard" accessible toilet stall, due to the number of toilet stalls provided, 1 must be configured for ambulatory persons with disabilities.  Although 2 are loosely configured to meet this requirement, neither fully meets the Standards.  Provide at least one stall that is exactly 36 inches wide with an outward swinging, self-closing door and parallel grab bars complying with Fig 30(d).  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, Fig. 30(d).

 

3.         Within 36 months of the effective date of this Agreement, the City will complete the following modifications to the West End Comfort Station/Storage at the Beach Bay Amusement Park, 1313 Bay Beach Road:

 

a.         The route from the parking lot to the shelter is obstructed by two wooden wheel stops.  The path at this point narrows to 30 inches.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

b.         Men's Toilet Room with Stalls: There are 2 men's toilet rooms (both with stalls) adjacent to each other and connected by an open breezeway between the rooms.  Both rooms are entered from the exterior of the building.  Neither room has elements – including signage, mirror, lavatories, dispensers, toilet stalls, and others – that fully comply with the Standards.  The City will choose 1 of these 2 rooms, designate it as the "accessible" men's toilet room with appropriate signage, and ensure that at least 1 of each type of required element complies with the Standards.

 

c.         Women's Room with Stalls:  There are 2 women's toilet rooms (both with stalls) adjacent to each other and connected by an open breezeway between the rooms.  Both rooms are entered from the exterior of the building.  Neither room has elements – including signage, mirror, lavatories, dispensers, toilet stalls, and others – that fully comply with the Standards.  The City will choose 1 of these 2 rooms, designate it as the "accessible" women's toilet room with appropriate signage, and ensure that at least 1 of each type of required element complies with the Standards.

 

4.         Within 36 months of the effective date of this Agreement, the City will complete the following modifications to Edison Park Upper Comfort Station/Upper Shelter, Sherry Lane:

                       

            The Edison Shelter is no longer used for Park and Recreation Programs due to a lack of City funding , but can be opened up to the public for private functions.  Within six months of the effective date of this Agreement, the City will implement and report to the Department its plan to provide program access to the Edison Park Upper Comfort Station/Upper Shelter, which may include allowing persons with disabilities to use the toilet facilities within the adjacent School facility or use an alternate location.

 

a.         The shelter door has recessed hardware which requires tight grasping, pinching, or twisting the wrist to operate.  Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate.  Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

 

b.         Men's Toilet Room with Stalls (Outside Shelter)

 

i.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

ii.          The door provides only 26 inches of clear opening width.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

iii.         The door, which is accessed through a front approach, has a maneuvering clearance of only 6 to the pull/latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

 

iv.         The door hardware, on the inside of the room, is recessed and requires tight grasping or pinching.  Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate.  Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

 

v.         There is inadequate maneuvering space inside the toilet room.  Provide an unobstructed turning space at least 60 inches in diameter or a T-shaped space complying with Fig. 3(b).  Standards §§ 4.22.3, 4.2.3, Fig. 3.

 

vi.         Lavatory

 

(1)        The bottom edge of the lavatory apron is 26 inches above the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards §§ 4.19.2, Fig. 31.

 

(2)        The lavatory hardware requires tight grasping, pinch or twisting of the wrist to operate.  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 §§ 4.19.5, 4.27.4.

 

vii.        There is no toilet stall for people who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

c.         Women's Toilet Room with Stalls (Outside Shelter)

 

i.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

ii.          The door provides only 26 inches of clear opening width.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

iii.         The door, which is accessed through a front approach, has a maneuvering clearance of only 6 to the pull/latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

 

iv.         The door hardware, on the inside of the room, is recessed and requires tight grasping or pinching.  Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate.  Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

 

v.         There is inadequate maneuvering space inside the toilet room.  Provide an unobstructed turning space at least 60 inches in diameter or a T-shaped space complying with Fig. 3(b).  Standards §§ 4.22.3, 4.2.3, Fig. 3.

 

vi.         Lavatory

 

(1)        The bottom edge of the lavatory apron is 27½ inches above the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards §§ 4.19.2, Fig. 31.

 

(2)        As configured, the lavatory is a protruding object that is not cane-detectable.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards § 4.4.

 

(3)        The lavatory hardware requires tight grasping, pinch or twisting of the wrist to operate.  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 §§ 4.19.5, 4.27.4.

 

vii.        There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

5.         Within 36 months of the effective date of this Agreement, the City will complete the following modifications to Edison Middle School, Comfort Station/Lower Shelter, Sherry Lane:

 

The Edison Comfort Station services the little league ball field that is accessible to persons with disabilities.  Within six months of the effective date of this Agreement, the City will implement and report to the Department its plan to provide program access to the Edison Middle School, Comfort Station/Lower Shelter, which may include allowing persons with disabilities to use the toilet facilities with-in the adjacent upper facility or use an alternate location.

 

a.         Parking:  There are a total of 40 parking spaces, but only 1 space is reserved for persons with disabilities.  On the shortest accessible route to the accessible entrance, provide one van accessible space and one standard space designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

b.         Accessible Route:  There is no accessible route to the ballfield.  Provide at least one accessible route within the boundary of the site that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

c.         Men's Toilet Room with Stalls

 

i.          There is no accessible route to the toilet room, since there is only a grass path.  Provide at least one accessible route within the boundary of the site to the toilet room that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

ii.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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.

 

iii.         Door

 

(1)        The door hardware requires tight grasping, pinching or twisting of the wrist to operate.  Provide a door with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist.  Lever-operated, push-type, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

 

(2)        The door has insufficient maneuvering clearances on both the push/latch and pull/latch sides.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).  On the push side of the door, provide a clear path of travel for a side approach at least 42 inches wide and at least 24 inches of clear maneuvering space adjacent to the latch side of the door.  Standards § 4.13.6, Fig. 25(c).

 

(3)        The door has a 4 inch high threshold.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

iv.         Lavatory

 

(1)        The bottom edge of the lavatory apron height is 26 inches above the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards § 4.19.2, Fig. 31.

 

(2)        The lavatory hardware requires tight grasping, pinching or twisting of the wrist and 19 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

v.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

d.         Women's Toilet Room with Stalls

 

i.          There is no accessible route to the toilet room, since there is only a grass path.  Provide at least one accessible route within the boundary of the site to the toilet room that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

ii.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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.

 

iii.         Door

 

(1)        The door hardware requires tight grasping, pinching or twisting of the wrist to operate.  Provide a door with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist.  Lever-operated, push-type, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

 

(2)        The door has insufficient maneuvering clearances on both the push/latch and pull/latch sides.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).  On the push side of the door, provide a clear path of travel for a side approach at least 42 inches wide and at least 24 inches of clear maneuvering space adjacent to the latch side of the door.  Standards § 4.13.6, Fig. 25(c).

 

(3)        The door has a 4 inch high threshold.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

iv.         Lavatory

 

(1)        The bottom edge of the lavatory apron is 27½ inches above the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards § 4.19.2, Fig. 31.

 

(2)        As configured, the lavatory is a protruding object that is not cane-detectable.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards § 4.4.

 

(3)        The lavatory hardware requires tight grasping, pinching or twisting of the wrist and 20 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

v.         Toilet

 

(1)        There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

6.         Within 36 months of the effective date of this Agreement, the City will complete the following modifications to Colburn Park Station and Shelter, 9th Street:

 

a.         None of the 90 parking spaces are reserved for persons with disabilities.  On the shortest accessible route to the elements served by the parking lot, provide at least one van accessible space and three standard spaces designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

b.         There is no accessible route provided to the play area or any piece of play equipment, the ice arena, ballfield, or any other elements or spaces.  Provide at least one accessible route within the boundary of the site that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

c.         There are no accessible picnic tables.  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 §§ 4.32.3, 4.32.4.

 

d.         Shelter Entrance - The thresholds to the right and the left sides of the exterior doors are both 1 ½ inches high.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

e.         The drinking fountain is not accessible to people who have trouble bending or stooping.  Although a lower drinking fountain is provided, there is no drinking fountain provided for 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).

 

f.          Men's Toilet Room with Stalls (Station/Shelter)

 

i.          The threshold to the door is 2 inches high.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

ii.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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.

 

iii.         The pressure required to open the interior door to the vestibule is 13 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

iv.         The pressure required to open the interior door to the toilet room is 15 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

v.         Both doors open into the vestibule, significantly restricting the maneuvering space inside the vestibule for persons who use wheelchairs.  Provide an accessible entrance to the toilet room, such that the space between any two doors in series is at least 48 inches plus the width of any door swinging into the space.  Ensure that doors in series swing either in the same direction or away from the space between the doors.  Standards § 4.13.7, Fig. 26.Vestibule clearance is not accessible.

 

vi.         The light switch is not accessible.  Provide a light switch with a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.

 

vii.        The lavatory hardware requires tight grasping, pinching or twisting of the wrist and 20 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

viii.       Toilet

 

(1)        There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

g.         Women's Toilet Room with Stalls (Station/Shelter)

 

i.          The threshold to the door is 2 inches high.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

ii.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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.

 

iii.         The pressure required to open the interior door to the vestibule is 12 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

iv.         The pressure required to open the interior door to the toilet room is 16 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

v.         Both doors open into the vestibule, significantly restricting the maneuvering clearance inside the vestibule for persons who use wheelchairs.  Provide an accessible entrance to the toilet room, such that the space between any two doors in series is at least 48 inches plus the width of any door swinging into the space.  Ensure that doors in series swing either in the same direction or away from the space between the doors.  Standards § 4.13.7, Fig. 26.Vestibule clearance is not accessible.

 

vi.         The controls to the paper towel dispenser are 62 inches above the finished floor.  Provide controls to a paper towel dispenser with a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.

 

vii.        The lavatory hardware requires tight grasping, pinching or twisting of the wrist.  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 §§ 4.19.5, 4.27.4.

 

viii.       Toilet

 

(1)        There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, coat hook, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

7.         Within 36 months of the effective date of this Agreement, the City will complete the following modifications to Colburn Park Swimming Pool, 9th Street:

 

The Colburn Park Swimming Pool, is one of the oldest facilities in the Parks and Recreation system, and is scheduled to be remodeled or replaced.  Within six months of the effective date of this Agreement, the City will implement and report to the Department its plan to provide program access to the Colburn Park Swimming Pool, which may include allowing persons with disabilities to use other facilities in an alternate location.  As such, access to our pools and all programs associated with them (i.e. swimming lessons) can be achieved a Johannes Park).

a.         The route to the Men's Toilet Room includes a door with round knob hardware. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate.  Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

 

b.         Men's Locker Room

 

i.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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. The toilet room sign is not accessible.

 

ii.          The mirror is inaccessible.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards § 4.19.6.

 

iii.         The controls to the paper towel dispenser are 62 inches above the finished floor.  Provide controls to a paper towel dispenser with a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.

 

iv.         The locker hardware requires tight grasping, pinching or twisting of the wrist and 20 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

v.         The shower head is 72 inches above the finished floor; the shower controls are mounted 60 inches above the finished floor; and there are no grab bars.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards § 4.21, Figs. 35, 36, 37.

 

vi.         There is no accessible changing bench.  Provide a 24 inch by 48 inch bench fixed to the wall along the bench's longer dimension.  Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor.  Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench.  Standards §§ 4.35.4, 4.26.3.

 

vii.        The bottom edge of the lavatory apron is 25 inches above the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards §§ 4.19.2, Fig. 31.

 

viii.       Toilet Stall

 

(1)        There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

c.         Women's Locker Room

 

i.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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. The toilet room sign is not accessible.

 

ii.          The mirror is inaccessible.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards § 4.19.6.

 

iii.         The controls to the paper towel dispenser are 62 inches above the finished floor.  Provide controls to a paper towel dispenser with a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6.

 

iv.         The paper towel dispenser is a protruding object.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards § 4.4.

 

v.         Dressing Room

 

(1)        The dressing room is 66 inches deep by 36 inches wide.  Provide at least one accessible dressing room in this area on an accessible route with accessible signage indicating its location.  Ensure that accessible dressing rooms fitted with swinging or sliding doors contain sufficient clear floor space to allow a person using a wheelchair to make a 180-degree turn inside the room and that no door swings into any part of the turning space.  Ensure that private accessible dressing rooms fitted with curtained openings at least 32 inches wide contain either a clear space of 60 inches in diameter, or a "T" shaped turning space that complies with Fig. 3(b). 

 

(2)        The clothes hook in the dressing room is too high.  Provide a clothes hook that is 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

(3)        The changing bench in the dressing room is 19 inches high by 12 deep by 37 inches long.  Provide a bench 24 inches by 48 inches fixed to the wall along the longer dimension and mounted between 17 and 19 inches above the finished floor to the top of the bench.  If mirrors are provided in dressing rooms of the same use, provide one full-length mirror, measuring at least 18 inches wide by 54 inches high, mounted in a position affording a view to a person on the bench as well as to a person in a standing position.  Standards §§ 4.35, 4.30, 4.26.3, 4.2, 4.3, Fig. 3.

 

vi.         Shower

 

(1)        The shower head is 67 inches above the finished floor; and the shower controls are 56 inches above the finished floor.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards § 4.21, Figs. 35, 36, 37.

 

vii.        Lavatory

 

(1)        The bottom edge of the lavatory apron is 25½ inches above the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards §§ 4.19.2, Fig. 31.

 

viii.       Toilet Stall

 

(1)        There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

8.         Within 36 months of the effective date of this Agreement, the City will complete the following modifications to the Main Street Parking Ramp, 300 Block of Main Street:

 

a.         Parking

 

i.          The curb cut along the route from the parking spaces designated as reserved for persons with disabilities to the sidewalk has a width that is less than 36 inches.  Provide an accessible route with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards §§ 4.3.3, 4.13.5.

 

b.         Elevators (Main Street East)

 

i.          The hall call buttons are centered at 48 inches above the finished floor.  Provide hall (lobby) call buttons with visual signals indicating when each call is registered and when each call is answered.  Ensure that the call buttons are centered at 42 inches above the finished floor, a minimum of ¾ inch in the smallest dimension, with the button designating the up direction on top; that the call buttons are raised or flush; and that objects mounted beneath hall call buttons do not project into the elevator lobby more than 4 inches.  Standards § 4.10.3, Fig. 20.

 

ii.          The hall lanterns do not have an audible and visual hall arrival signal for the down direction and are not centered at 72 inches or more above the finished floor.  Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call.  Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say "up" or "down;" and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button.  Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable.  Standards § 4.10.4, Fig. 20.

 

iii.         The elevator lacks hoistway signage.  At each floor, provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high.  Standards § 4.10.5, Fig. 20.

 

iv.         The elevator car control buttons lack raised characters and Braille and the highest button for side or front approaches is mounted at 55 inches above the finished floor.  Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols.  Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor.  Standards § 4.10.12, Fig. 23.          

 

v.         The highest operable part of the emergency communications is mounted at 51 inches above the finished floor and is not accessible to persons who cannot speak.  Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device.  If the system uses a handset, ensure that the length of the cord from the panel to the handset is at least 29 inches.  If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist.  Standards § 4.10.14.

 

9.         Within 36 months of the effective date of this Agreement, the City will complete the following modifications to Johannes Park's Shelter House, 215 Baird Street:

 

a.         The exterior door has a 1 inch high threshold.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

b.         Women's Toilet Room with Stalls (Left side of Shelter–opposite fireplace)

 

i.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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. The toilet room sign is not accessible.

 

ii.          The pressure required to open the room door is 12 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

iii.         The door has a 2 inch high threshold.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

iv.         The bottom edge of the lavatory apron is 27 inches from the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards §§ 4.19.2, Fig. 31.

 

v.         The lavatory hardware requires tight grasping, pinching or twisting of the wrist and 20 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

vi.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

c.         Men's Toilet Room with Stalls

 

i.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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. The toilet room sign is not accessible.

 

ii.          From inside the Activity Center, one enters the Men's Toilet Room through a series of 2 doors creating a vestibule.  The pressure required to open the outer door is 10 pounds and the pressure required to open the inner door is 12 pounds.  Provide doors that require no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

iii.         The light switch inside the activity-room-end of the toilet room is not accessible.  Provide a light switch 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

iv.         The mirror is inaccessible.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards § 4.19.6.

 

v.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

10.       Within 36 months of the effective date of this Agreement, the City will complete the following modifications to Astor Park Shelter, Roosevelt & Eliza Streets:

 

a.         The threshold at the main doorway is so cracked that it no longer provides an accessible route.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

b.         There are no accessible routes to the play area; tennis courts; or the pool area.  For each, provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible routes must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

c.         Men's Toilet Room with Stalls (Right side of Main Entrance)

 

i.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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 hardware requires tight grasping, pinching or twisting of the wrist and 20 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

iii.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

d.         Women's Toilet Room with Stalls (Side Entrance)

 

i.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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. The toilet room sign is not accessible.

 

ii.          The lavatory hardware requires tight grasping, pinching or twisting of the wrist and 20 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

iii.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

11.       Within 24 months of the effective date of this Agreement, the City will complete the following modifications to Baird Creek's Triangle Park, 500 Beverly Road:

 

a.         There is no signage at the inaccessible entrance directing to accessible entrance.  Provide accessible, directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances.  Standards §§ 4.1.3(8)(d), 4.13, 4.30.

 

b.         At the more accessible entrance for persons with disabilities, there are 2 doors in a series creating a vestibule.  The pressure required to open the inner door is 12 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

c.         The route through the facility is constricted to 24 inches at the drinking fountain.   Provide an accessible route connecting all elements such that the route has a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards §§ 4.3.3, 4.13.5.

 

d.         The drinking fountain lacks adequate knee clearance, there is insufficient clear floor space, and it is not on an accessible route.  Additionally, there is no fountain provided for persons who have difficulty bending or stooping.  Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge.  For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.15, 4.27.4, Fig. 27.

 

e.         Men's Toilet Room with Stalls

 

i.          The path of travel into the toilet room is only 24 inches wide, due to the above-mentioned constriction at the drinking fountain.  Provide an accessible route to the toilet room with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards §§ 4.3.3, 4.13.5.

 

ii.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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.

 

iii.         The door provides only 30 inches of clear opening width.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

iv.         The pressure required to open the door is 8 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

v.         The lavatory hardware requires tight grasping, pinching or twisting of the wrist and 20 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

vi.         The soap dispenser controls and the controls to the paper towel dispenser are not within reach ranges for a person using a wheelchair.  Provide a soap dispenser and 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

vii.        There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

f.          Women's Toilet Room with Stalls

 

i.          The route to the toilet room is only 24 inches wide, due to the above-mentioned constriction at the drinking fountain.  Provide an accessible route to the toilet room with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards §§ 4.3.3, 4.13.5.

 

ii.          The toilet room sign lacks the International Symbol of Accessibility and raised and Braille characters and it is not mounted in the required location.  Provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  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.

 

iii.         The door is 30 inches wide.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

iv.         The pressure required to open the door is 10 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

v.         The lavatory hardware requires tight grasping, pinching or twisting of the wrist and 20 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

vi.         The soap dispenser controls and the controls to the paper towel dispenser are not within reach ranges for a person using a wheelchair.  Provide a soap dispenser and 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

vii.        There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

12.       Within 24 months of the effective date of this Agreement, the City will complete the following modifications to Wildlife Sanctuary Nature Center, 1660 East Shore Drive:

 

a.         Parking

 

i.          Although 5 of the 150 parking spaces are designated as reserved for persons with disabilities, the parallel "accessible" spaces would require users to transfer in and out of wheelchairs while in lanes of traffic; some of the designated spaces lack access aisles; some have access aisles that are not level; and others have signs that are too low.  Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

b.         Women's Toilet Room with Stalls (1st Floor)

 

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

 

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

 

iii.         The paper towel dispenser controls are 64 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

iv.         Lavatory

 

(1)        The lavatory 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 § 4.19.4.

 

(2)        The lavatory hardware requires 10 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

v.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

c.         Women's Toilet Room with Stalls (2nd Floor)

 

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

 

ii.          The pressure required to open the door is 14 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

iii.         The paper towel dispenser controls are 64 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

iv.         Lavatory

 

(1)        The lavatory 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 § 4.19.4.

 

(2)        The lavatory hardware requires 10 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

v.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig 30.

 

d.         Men's Toilet Room with Stalls (1st Floor)

 

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

 

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

 

iii.         The paper towel dispenser controls are 58 inches above the finished floor and require a side reach.  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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

iv.         Lavatory

 

(1)        The lavatory 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 § 4.19.4.

 

(2)        The lavatory hardware requires 9 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

v.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, 30.

 

e.         Men's Toilet Room with Stalls (2nd Floor)

 

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

 

ii.          The pressure required to open the door is 16 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

iii.         The paper towel dispenser controls are 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

iv.         Lavatory

 

(1)        The lavatory 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 § 4.19.4.

 

(2)        The lavatory hardware requires 10 pounds of force to operate.  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 §§ 4.19.5, 4.27.4.

 

v.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig 30.

 

f.          Telephone

 

i.          The telephone on the first floor has its highest operable part 61 inches above the finished floor and it lacks volume control.  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 are hearing aid compatible and have a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; and with a cord of at least 29 inches long from the telephone to the handset.  Standards § 4.31.

 

ii.          As configured, the public telephone is a protruding object.  Provide an accessible route at this location such that the telephone's bottom leading edge measures between 27 inches and 80 inches above the finished floor and protrudes more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards § 4.4.

 

g.         Drinking Fountain

 

i.          The drinking fountain is not accessible to persons with difficulty bending or stooping.  For each lower drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards § 4.1.3(10)(a).No accessible fountains or options for people who have trouble bending, stooping- no cup dispenser at wheelchair height; no hi-low fountain; no second, higher fountain; and no other means of providing water to this population.

 

h.         Amphitheater:  There are a total of 300 seats in the theater with only two wheelchair locations and neither of those are on accessible routes. Provide four wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of admission prices and lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.5, 4.33.

 

13.       Within 12 months of the effective date of this Agreement, the City will complete the following modifications to Murphy Park, B35A, Pousman Street:

 

a.         There is a 2 inch high threshold at the main entrance; a 1½ inch high threshold at the North entrance; and a 1½ inch high threshold at the South entrance.  Provide at least one accessible route within the boundary of the site to the facility that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances.  Standards §§ 4.1.3(8)(d), 4.1.3(16)(b), 4.1.6(1)(b), 4.13, 4.30.

 

b.         Accessible Route

 

i.          There is no accessible route provided to the play area, to any piece of play equipment, the basketball courts, the tennis courts, or the baseball field. Provide at least one accessible route within the boundary of the site connecting each of these elements that, to the maximum extent feasible, coincides with the route for the general public.  Each accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

 

c.         Men's Toilet Room with Stalls: There are 2 entrances to this toilet room: one from the outside and one from the inside activity center. 

 

i.          There is a 1½ inch high threshold at the exterior door to the Men's toilet room.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.8, 4.5.2.

 

ii.          There is only 4 inches of maneuvering clearance on the pull/latch side of the door between the toilet room hallway and the activity room.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

 

iii.         Neither entrance to the toilet room has the required signage.  At each, provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  Each 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.

 

iv.         The pressure required to open the door between the activity room and toilet hallway is 15 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

v.         The door between the activity room and the toilet room hallway provides only 29 inches of clear opening width and the closer prevents it from opening a full 90 degrees.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.5, Fig. 24.

 

vi.         The paper towel dispenser requires a forward reach and is mounted at 52 inches.  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), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

vii.        The bottom edge of the lavatory apron is 26 inches above the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2, Fig. 31.

 

viii.       The lavatory hardware requires tight twisting of the wrist to operate.  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), 4.1.6(1)(b), 4.22.6, 4.19.5, 4.27.4.

 

ix.         The lavatory pipes are not insulated or otherwise configured to protect against contact.  Provide 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.

 

x.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

d.         Women's Toilet Room with Stalls: There are 2 entrances to this toilet room: 1 from the outside and one from inside the activity center. 

 

i.          There is a 1½ inch high threshold at the exterior door to the women's toilet room.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.8, 4.5.2.

 

ii.          There is only 4 inches of maneuvering clearance on the pull/latch side of the door between the toilet room hallway and the activity room.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

 

iii.         Neither entrance to the toilet room has the required signage.  At each, provide a toilet room sign with raised and Braille characters and the International Symbol of Accessibility.  Each 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.

 

iv.         The pressure required to open the door between the activity room and toilet hallway is 15 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

v.         The door between the activity room and the toilet room hallway provides only 29 inches of clear opening width and the closer prevents it from opening a full 90 degrees.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.5, Fig. 24.

 

vi.         The paper towel dispenser requires a forward reach and is mounted at 53 inches.  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), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

vii.        The bottom edge of the lavatory apron is 26 inches above the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2, Fig. 31.

 

viii.       The lavatory hardware requires tight twisting of the wrist to operate.  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), 4.1.6(1)(b), 4.22.6, 4.19.5, 4.27.4.

 

ix.         The lavatory pipes are not insulated or otherwise configured to protect against contact.  Provide 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.

 

x.         There is no toilet stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.