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

Attachment J

Facilities Owned by Others: In order to ensure that each of Juneau'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, within 3 months of the effective date of this Agreement, Juneau will request, in writing, with a courtesy copy to the Department, that the landlords of these facilities will make the following modifications within 2 years of the effective date of this Agreement. After that 2 year period, Juneau will survey to determine whether the modifications have been made. Regarding programs housed in facilities where the modifications are not made in a timely fashion, Juneau will report to the Department its plan for providing program access.

A. Marine View Center^[1]

1. The fire hose box across from the elevator on the first floor is a protruding object that is not cane-detectable, because the bottom leading edge is 36 inches above the finished floor and it protrudes 8½ inches into the circulation path. 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.

2. Elevator^[2]

a. On the first floor, the ash tray under the elevator call buttons is a protruding object that is not cane-detectable, as its bottom leading edge is 32 inches above the finished floor and it protrudes 4½ inches into the circulation path. 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. A visual hall arrival signal is provided only on the lobby level. 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.

c. The door protective and reopening device is set so that after reopening, the doors stay open only 10 seconds. 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.

d. In the larger elevator car, the emergency communications system is not identified by a raised symbol and lettering. 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.

3. Room 210: Second Floor Unisex Single User Toilet Room^[3]

a. The door requires 11 pounds of force to operate and it swings into the required clear floor space at the lavatory. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b). Ensure that no door swings into the required clear floor space at any accessible fixture. Standards § 4.22.2.

4. The fire extinguisher outside the CBJ conference room is a protruding object that is not cane-detectable because its bottom leading edge is 34 inches above the finished floor and it protrudes 12 inches into the circulation path. 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. Terry Miller Building^[4]:

1. The elevator door protective and reopening device is set so that after reopening, the doors stay open only 10 seconds. 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.

2. The gymnasium has a hi-lo drinking fountain configuration. The "hi" 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.

3. The interior door into the gymnasium requires 9 pounds of force to operate and it closes too quickly. Provide a door that requires no more than 5 pounds of force to open and with has a closer that is adjusted so that from an open position of 70 degrees, it will take at least 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door. Standards § 4.13.11(2)(b), 4.13.10. Standards § 4.13.11(2)(b).

4. The drinking fountain near the men's toilet room is a hi-lo configuration. The "hi" 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. Women's Toilet Room with Stalls, Serving Gym

a. The door requires 13 pounds of pressure to operate and closes too quickly. Provide a door that requires no more than 5 pounds of force to open and with has a closer that is adjusted so that from an open position of 70 degrees, it will take at least 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door. Standards § 4.13.11(2)(b), 4.13.10.

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

c. The sanitary napkin dispenser is a protruding object that is not cane-detectable; it protrudes 7 inches into the circulation path. 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.

d. The knee clearance at the lavatory is 6 inches deep. 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.

e. Toilet Stall for People 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 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

ii. The side grab bar is mounted at 37 inches above the finished floor. Provide grab bars that are mounted between 33 and 36 inches above the finished floor. Standards § 4.17.6, Fig. 30.

6. Men's Toilet Room with Stalls, Serving Gym

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

b. The knee clearance at the lavatory is 6 inches deep. 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.

c. Toilet Stall for People with Disabilities.

C. Dzantik'i Heeni Middle School:

1. Although 5 of 141 parking spaces are reserved for persons with disabilities (plus another 2 during non-school hours when school bus parking area is available), all 5 spaces and their access aisles are on very sloped terrain. Provide designated accessible parking spaces and access aisles that are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, with surfaces that are firm, stable, and slip-resistant. Standards §§ 4.3.6, 4.5.1, 4.6.3.

2. There is no accessible route to the playground equipment in front of the school. 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.

3. The drinking fountain serving the gym is not accessible to persons who have difficulty bending or stooping. 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 § 4.1.3(10)(a).

4. Unisex Single User Toilet Room Serving Gym.

a. No sign is provided for this toilet room. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The paper towel dispenser 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 toilet paper dispenser is mounted 40 inches from the rear wall. 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 § 4.16.6, Fig. 29(b).

5. Girls' Locker Room Serving Gym (Room A107).

a. The door requires 9 pounds of force to operate. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

b. Toilet Stall for Persons with Disabilities.

c. Shower Stall for Persons with Disabilities

i. The transfer bench does not extend the full depth of the stall, and the grab bar is mounted at 29 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.

d. There is no accessible bench in the locker area. 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.

6. Boys' Locker Room Serving Gym.

a. While the mounting bracket for the door sign is mounted in the appropriate location, the accessible sign is missing. 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.

b. The door requires 11 pounds of force to operate. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

c. There is inadequate maneuvering space on the latch side of the door on the push side (8 inches, requiring a forward approach). On the push side of the door, provide maneuvering clearance at least 48 inches deep and provide a minimum of 12 inches of maneuvering clearance on the latch side of the door, or remove the closer or the latch. Standards § 4.13.6, Fig. 25(a).

d. The lavatories provide only 16 inches of toe clearance depth and the hot water and drain pipes are not covered or otherwise configured to protect against contact. 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.

e. Toilet Stall for Persons with Disabilities.

i. The far end of the side grab bar is 44½ inches to the rear wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards § 4.17.6, Figs. 30(a), (d).

f. Shower Stall for Persons with Disabilities.

i. The transfer bench does not extend the full depth of the stall and the grab bar is mounted at 29 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.

g. There is no accessible bench in the locker area. 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.

D. Gastineau Elementary School:

1. The drinking fountain in the gym is a protruding object that is not cane-detectable and there is no fountain that is accessible to persons who have difficulty bending or stooping. 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. 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 § 4.1.3(10)(a).

2. The interior door to the gym requires more than 5 pounds of force to operate. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

3. Unisex Single User Toilet Room

a. The sign is mounted on the door and does not have Braille or raised characters. 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.

b. The door requires 9 pounds of force to operate. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

c. The door swings into the required clear floor space at the lavatory. Ensure that no door swings into the required clear floor space at any accessible fixture. Standards § 4.22.2.

d. Although audible alarms are provided in the facility, no visual alarm appliance is provided in this room. 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.

e. The paper towel dispenser is a protruding object that is not cane-detectable; it protrudes into the circulation path 8¾ inches. 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.

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

g. The rear grab bar is 24 inches long. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards § 4.16.4, Fig. 29.

E. Harborview Elementary:

1. There are 31 parking spaces, 2 of which are designated as reserved for people with disabilities. The first space does not have an access aisle, the sign designating the space as reserved for persons with disabilities is too low, the space is not level, and it is not on the shortest route to the accessible entrance. The second space is not level. Neither has van-accessible signage. 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. 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).

2. The public toilet rooms serving the gym area have many inaccessible elements. Provide fully-accessible toileting facilities at they gym or provide signage at the gym toilet rooms directing users to fully-accessible facilities. If providing fully-accessible toileting facilities at the gym, take the following actions:

a. Girls' Gym Toilet Room (with stalls).

i. The signage is on the door and there are no 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 entrance door provides only 31 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. There is no accessible route within the toilet room. Provide an accessible route with a minimum clear width of 36 inches. Standards § 4.3.3.

iv. There are three toilet stalls, none of which is designed for persons with disabilities. 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.

v. There are no accessible lavatories. 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; knee and toe clearances that comply with Fig. 31; hot water and drain pipes covered or otherwise configured to protect against contact; clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory; and 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 §§ 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

b. Boys' Gym Toilet Room (with stalls)

iii. There is no accessible route within the toilet room. Provide an accessible route with a minimum clear width of 36 inches. Standards § 4.3.3.

iv. There are 2 urinals, neither of which is accessible. 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 §§ 4.18.2, 4.18.3, 4.18.4.

v. There is 1 toilet stall; it is inaccessible. 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.

vi. There are 2 lavatories; neither is accessible. 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; knee and toe clearances that comply with Fig. 31; hot water and drain pipes covered or otherwise configured to protect against contact; clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory; and 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 §§ 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

3. Parking Near Gym

a. There are 9 parking spaces near the gym, but none is designated as reserved for persons with disabilities. On the shortest accessible route to the accessible entrance, provide one van accessible space designated as reserved for people with disabilities. 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).

4. Drinking Fountain Near Girls' Gym Toilet Room. This fountain is too low. 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 § 4.1.3(10)(a).

F. Marie Drake Gym:

1. The main entrance has 2 sets of double doors, creating a vestibule between them. All of the doors are too narrow and the vestibule is not deep enough. Provide an automatic door opener that opens all 4 doors simultaneously, or provide a designated accessible entrance that has at least one active leaf with a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop; that has a minimum space between two hinged or pivoted doors of 48 inches plus the width of any door swinging into the space, with doors swinging in either the same direction or away from the space between the doors; that has either an automatic door operator or clear and level maneuvering clearance that complies fully with Fig. 25; and that has a threshold not exceeding ½ inch in height and beveled with a slope no greater than 1:2. Ensure that all hardware and operating devices have shapes that are easy to grasp with one hand and do not require tight grasping, pinching or twisting of the wrist to operate; and that they are mounted no higher than 48 inches above the finished floor. Standards § 4.13, Figs. 24, 25, 26.

2. The entrance to the gym consists of 2 double doors with a security Astragal between them. One leaf provides 30½ inches of clear opening width; the other provides 29 inches of clear opening width. Provide a door at this location that has at least one active leaf with a clear opening at least 32 inches wide when measured from the face of the door to the middle edge of the other door when one door is opened 90 degrees and that has hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist OR provide an automatic door opener that opens both doors simultaneously. Where no automatic opener is provided, door hardware may be lever-operated, push-type, or a U-shaped handle. Unless an automatic door operator is provided, there must be clear and level maneuvering clearances at the pull side and the push side of the active leaf as indicated in Fig. 25. The doors' threshold must be ½ inch or less in height and beveled with a slope of no greater than 1:2. If a door closer is provided, it must be set so that the sweep period of the active leaf 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. The active leaf must not take more than 5 pounds of force to open or close. Standards § 4.13, Figs. 24, 25.

3. Drinking fountains serving gym area. The flow of the water for these drinking fountains is too far back to be reached by someone who uses a wheelchair. 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.

4. Pay Telephone Serving Gym.

a. The bottom leading edge of the telephone protrudes into the accessible route 9½ inches and is more than 27 inches above the finished floor. 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. The electrical outlet is too far from the pay telephone to be used by someone who uses a TTY and no shelf is provided. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that 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.

5. The public toilet rooms serving the gym area have no accessible elements. Provide toileting facilities for boys and girls with doors, maneuvering clearances and clear floor spaces, lavatories, toilets, mirrors, and all other elements that comply with the Standards. If the accessible toileting facilities are not provided immediately at the gym, provide signage at the gym toilet rooms directing users to the accessible facilities.

6. Girls' and Boys' Shower Rooms: The girls' shower room has no toilet stall that is accessible to persons who use wheelchairs; both doors to the boys' shower room swing into a vestibule, leaving insufficient maneuvering space for persons who use wheelchairs to negotiate the route into the room; and, in both rooms, the gang-style showers have no grab bars or hand-held spray units and their controls are mounted too high. Provide shower and toileting facilities for both men and women such that all of the rooms' elements comply with the Standards. If the accessible facilities are not provided immediately at the gym, provide signage at the gym shower rooms directing users to the accessible facilities.

G. Mount Roberts Tramway - Lower Terminal Toilet Rooms^[5]:

1. The drinking fountain near the women's 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.

2. Women's Toilet Room with Stalls.

a. The paper towel dispenser is inaccessible. 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.

b. "Standard" Toilet Stall for Persons Who Use Wheelchairs.

ii. The toilet paper dispenser is mounted above the side grab bar and interferes with its use. 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 § 4.17.3, Fig. 30(d).

c. "Alternate" Toilet Stall for Ambulatory Persons with Disabilities.

i. The toilet paper dispenser is above one of the side grab bars and interferes with its use. 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 § 4.17.3, Fig. 30(d).

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

3. Men's Toilet Room with Stalls.

a. The door sign is a laminated paper sign mounted on the door and does not have Braille, high contrast, raised characters, or the International Symbol of Accessibility. 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.

b. The paper towel dispenser is inaccessible. Provide 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 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.

c. "Standard" Toilet Stall for Persons Who Use Wheelchairs.^[6]

i. The centerline of the toilet is 17 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.

iii. The toilet paper dispenser is mounted over the side grab bar and interferes with its use. 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 § 4.17.3, Fig. 30(d).

iv. The rear grab bar is mounted 39 inches above the finished floor. Provide grab bars that are mounted between 33 and 36 inches above the finished floor. Standards § 4.17.6, Fig. 30.

v. The toilet seat cover dispenser is inaccessible. Provide a toilet seat cover 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.

H. Juneau Yacht Club Parking Lot:

1. Two of the 150-200 parking spaces provided are reserved for persons with disabilities; neither is marked; there are no demarcated access aisles; there is no "van-accessible" signage; and the lot surface is not firm, stable, and slip-resistent. On the shortest accessible route to the accessible entrance, provide one van accessible space and six standard spaces 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).

I. Mendenhall Valley Library:

1. Although an audible alarm is provided in this facility, there is no 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.

J. Within 12 months of the effective date of this Agreement, Juneau will complete the following modifications to the Mendenhall Valley Library, rather than requesting that the landlord make these modifications:

1. The bottom levels of the magazine racks are too low (8½ and 11 inches above the finished floor and the top levels of the magazine racks are too high (68 inches above the finished floor). Provide a magazine display with a minimum of 36 inches of clear width between units and with reach ranges of between 18 inches and 54 inches (maximum height of 48 inches is preferred) above the finished floor. Standards § 8.4, Fig. 55. Alternatively, provide magazine retrieval assistance and signage indicating its availability.

2. None of the built-in Internet stations is accessible to persons who use wheelchairs. Provide a means for persons who use wheelchairs to Internet access that is equivalent to the access provided to other library patrons.

^[1]Juneau controls the third and fourth floors only.

^[2] There are 2 elevator cars; the notations correspond to larger car.

^[3] This toilet room, while not on a CBJ floor, is used by CBJ employees and visitors with disabilities, as the toilet rooms on third and fourth floors are inaccessible but contain adequate directional signage to this toilet room.

^[4]This facility is owned and operated by the State; CBJ runs some recreation programs out of the gymnasium.

^[5]This facility is neither owned nor operated by CBJ. However, since the nearby Visitors' Center toilet rooms are not accessible, CBJ has an agreement with the Tramway to allow all visitors to use their toilet facilities. Accordingly, the program access standard applies.

^[6]This room also contains an "alternate" stall designed for ambulatory persons with disabilities. As the room only has 3 toilet stalls, the ambulatory stall is not required and its elements are not included in this Agreement.