Settlement Agreement between the United States and the City and Borough of Juneau, Alaska Attachment G

Attachment G

Please Note: Paragraph 48 of the Settlement Agreement requires that within three months of the effective date of this Agreement, Juneau provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

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

A. Within 12 months of the effective date of this Agreement, Juneau will complete the following modifications to the Columbia Parking Lot.

1. Although 2 of the 20 parking spaces are reserved for persons with disabilities, neither is designated as "van-accessible." For at least one of these spaces, provide a "Van-Accessible" sign located below the International Symbol of Accessibility such that the sign cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

B. Within 24 months of the effective date of this Agreement, Juneau will complete the following modifications to Statter Harbor.

1. While 5 of the 102 parking spaces are designated as reserved for persons with disabilities, none is designated as "van-accessible" and the surfaces of all the designated spaces and their accompanying access aisles exceed a slope of 1:50. At each van accessible space, provide an access aisles at least 96 inches wide and "van accessible" signage below the International Symbol of Accessibility. Ensure that all access aisles and spaces 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), 4.6.3, Fig. 9.

2. Because the coin pay slot for the paid parking spaces is beyond the reach ranges of persons who use wheelchairs, provide a sign indicating that a drop box and envelopes are available at all times. Standards §§ 4.2.5, 4.2.6

3. The bottom leading edges of the pay telephones are higher than 27 inches and they protrude more than 4 inches into the accessible route and are not cane-detectable. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards §§ 4.1.2(3), 4.4.

4. The interior entry door to the office requires 9 pounds of force to open. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

5. Men's Toilet Room with Stalls.

a. The entry door closes too quickly. Provide a door set so that the sweep period of the door will, from an open position of 70 degrees, take 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door. Standards §§ 4.1.3(7)(b), 4.13, Fig. 25.

b. Toilet Stall for Persons with Disabilities.

i. There is no accessible coat hook. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

6. Men's Shower Room.

a. The wooden bench is 17 inches deep. 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.

b. The shower stall for persons with disabilities dimensions are 38 inches deep by 37¾ inches wide and there is a 4 inch gap between the transfer bench and the rear wall. 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.

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

7. Women's Toilet Room with Stalls.

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

b. Toilet stall designated for persons with disabilities.

8. Women's Shower.

b. The shower stall dimensions are 38 inches deep by 37¾ inches wide. 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.

9. Single-User Toilet Room (Staff Only)

a. The door hardware is not usable with one hand. 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 §§ 4.1.3(11), 4.22.2, 4.13.9.

b. The trash can obstructs the clear floor space under the lavatory. Provide and maintain a lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory. Standards §§ 4.1.3(11), 4.22.6, 4.19.3, Fig. 32.

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

C. Within 12 months of the effective date of this Agreement, Juneau will complete the following modifications to Wayside Park.

1. None of the fish cleaning stations is low enough to be used by persons who use wheelchairs. Provide a fixed table with a top surface between 28 and 34 inches above the finished floor. Standards §§ 4.1.3(18), 4.32.4.

D. Within 36 months of the effective date of this Agreement, Juneau will complete the following modifications to the Police Station.

1. Although 2 of the 31 parking spaces are designated as reserved for persons with disabilities, none has "van-accessible" signage. The van accessible parking reserved for persons with disabilities lacks the appropriate signage. At van accessible spaces, provide a "Van-Accessible" sign located below the International Symbol of Accessibility such that the sign cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

2. Interior doors throughout the building require more than 5 pounds of force to open. Ensure that all interior doors that require no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

3. The pay telephone with the built-in TTY in the lobby does not have a volume control feature. 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 §§ 4.1.3(17), 4.31.

4. The lobby drinking fountain 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.

5. Elevator.

a. The emergency signal cannot work without voice communication because the emergency call phone rings through to the emergency dispatch center inside the building, but the dispatchers cannot tell where the call is originating from unless the caller identifies the location. Dispatchers have not been trained how to respond to silent calls from inside the building (whether the lobby phone or the emergency call button in the elevator). Provide a two-way communication system such that it does not require voice communication. Standards § 4.10.14.

b. The elevator's door protective and reopening device is set so that the door remains open only 5 seconds after reopening. Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person. Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds. Standards §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

6. Although audible alarms are provided in the building, Conference Room #1 does not have a visual alarm. Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use. Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate. Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower. Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal. In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling. Standards § 4.28.3.

7. The gun locker outside Print Room (Room 107) 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.

8. Room 110 (unisex single user toilet room)

a. Although audible alarms are provided in the building, no visual alarm is provided. Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use. Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate. Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower. Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal. In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling. Standards § 4.28.3.

b. The toilet paper dispenser is mounted at 17 inches above the finished floor. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

9. The holding cell bench is too narrow. 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.

10. The toilet room inside the holding cell area does not contain any accessible features. In this area, provide a toilet, lavatory, and dispensers that comply with the Standards.

11. The pull control for the shower/eyewash station near the vehicle transfer station is outside the permissible reach ranges for persons who use wheelchairs. Provide a control that is within the reach ranges of a person who uses a wheelchair: either 48 inches for a forward reach or 54 inches for a side reach. Standards §§ 4.2.5, 4.2.6.

12. Women's Locker Room (Room 175)

a. Two showers are provided, but neither contains accessible elements or dimensions. 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.

b. Two toilet stalls are provided, but neither contains accessible elements or dimensions. Provide a toilet stall that is at least 60 inches wide and at least 56 inches deep for a wall-mounted toilet or at least 59 inches deep for a floor-mounted toilet, such that the centerline of the toilet is exactly 18 inches from the near side wall or partition, and there is at least 9 inches of toe clearance above the floor at the front partition if the stall is no more than 60 inches deep. Standards §§ 4.1.3(11), 4.22.4, 4.17, Fig. 30.

c. The telephone inside the toilet room 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.

13. Men's Lockers (Room 176)

a. Three urinals are provided, but none contains accessible elements or dimensions. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

b. Three toilet stalls are provided, but none contains accessible elements or dimensions. 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.

c. Three showers are provided, but none contains accessible elements or dimensions. 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.

d. The telephone inside the toilet room 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.

14. The drinking fountain inside the Fitness Room (Room 174) is too high to be used by persons who use wheelchairs and is a protruding object that is not cane-detectable. 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. Standards §§ 4.15, 4.27.4, Fig. 27. Also 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.

15. Men's Toilet Room (Room 178)

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

16. Men's Toilet Room (Room 202)

a. The toilet paper dispenser inside the toilet stall is mounted at 17 inches above the finished floor. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

b. The rim of the urinal is 18 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

17. Women's Toilet Room (Room 203)

a. The toilet paper dispenser inside the toilet stall is mounted at 17 inches above the finished floor. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

E. Within 36 months of the effective date of this Agreement, Juneau will complete the following modifications to the Treadwell Ice Arena, located at 105 Savikko:

1. The entrance consists of 2 sets of double doors. The interior double doors require 15 pounds of force to open. Provide doors that require no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

2. Locker Rooms.

a. The doors into the locker rooms each requires 10 pounds of force to open and the doors close too quickly. For each, provide doors that require no more than 5 pounds of force to open and that are set so that the sweep period of the door will, from an open position of 70 degrees, take 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door. Standards §§ 4.1.3(7)(b), 4.13, Fig. 25.. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

3. There is no accessible route to the coaches', team, and scorekeepers' areas, and the penalty box, due to a lack of vertical access and narrow, constricted passageways and gateways. 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.

4. The high side of the hi-lo drinking fountain 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.

5. Unisex Toilet and Shower Room

a. The door closes too quickly. Provide a door that is set so that the sweep period of the door will, from an open position of 70 degrees, take 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door. Standards §§ 4.1.3(7)(b), 4.13, Fig. 25.

b. The air dryer 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.

c. The transfer seat in the shower stall does not extend the full length of the stall. 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.

6. The benches in all four dressing and fitting rooms are just 15 inches wide. In each, 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.

F. Within 24 months of the effective date of this Agreement, Juneau will complete the following modifications to the Twin Lakes Accessible Fishing Dock.

1. Two ramps are provided to approach the accessible fishing dock; 1 is impermissibly steep and does not have handrails but the other complies with the Standards. Provide directional signage at the top and bottom of the steeper ramp directing persons with disabilities to the ramp that complies with the Standards.

2. Neither of the 2 picnic tables is accessible to persons who use wheelchairs. Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground. Standards §§ 4.1.3(18), 4.32.3, 4.32.4.

G. Within 24 months of the effective date of this Agreement, Juneau will complete the following modifications to the Fishermen's Memorial.

1. There is a 2 inch step beveled with blacktop that needs to be repaired. Provide and maintain at least one accessible route to and 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 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.