Settlement Agreement between the United States and the Town of Vail, Colorado, Attachment E

Attachment E: Modifications to Newly Constructed Facilities

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

1. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Public Works Administration Building located at 1309 Elkhorn Road.

A. Parking

i. There is no directional signage from Elkhorn Drive directing people with disabilities towards the designated accessible parking spaces in the upper parking lot. Provide accessible directional signage with the International Symbol of Accessibility from the parking on Elkhorn Drive indicating the location of the designated accessible parking spaces in the upper parking lot. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

ii. There is no signage designating the accessible parking spaces as reserved for people with diabilities. 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. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

iii. There are an insufficient number of parking spaces in the lot, and there is no van-accessible parking space with a 96 inch access aisle and van-accessible sign. Provide an additional parking space that is van accessible. Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle at least 96 inches wide. 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. Signage

i. There is no accessible permanent room signage provided for the offices in the building. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards

§§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

C. Lobby Service Counter

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

D. Drinking Fountains

i. The drinking fountain provided is inaccessible because there is inadequate knee clearance. 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 adequate knee clearance and clear floor space at the fountain. Standards §§ 4.1.3(10), 4.15, 4.27.4, Fig. 27.

ii. There is no drinking fountain provided for people 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).

E. Men's and Women's Toilet Rooms

i. The paper towel dispenser is inaccessible because it is mounted at 54 inches above the finished floor over an obstruction. Provide a paper towel dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, 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.

ii. The sanitary napkin dispenser is inaccessible because it does not have accessible hardware. Provide a sanitary napkin dispenser with mechanical controls, if any, that can be operated with 5 lbs or less and that 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(13), 4.27.4.

iii. The toilet in each toilet room is inaccessible because the centerline of the toilet in the women's designated accessible stall is 21 ½ inches, and in the men's designated accessible stall is 22 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

iv. The toilet paper dispenser in each designated accessible stall is inaccessible because it is mounted above the side grab bar. 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).

v. The toilet in the women's designated accessible stall is inaccessible because the top of the seat is 16 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.16.3, 4.17.2, Fig. 30(d).

vi. The toilet is inaccessible in the women's designated accessible stall because the flush control is on the closed side. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

vii. There is no accessible coat hook provided in the women's designated accessible stall. 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.

2. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Donovan Park and John F. Donovan Pavilion.

A. Parking

i. There is no signage designating one parking space at the playground as reserved, and there is no sign designating a parking space as van accessible. 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. Provide at least one van accessible space, with an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

B. Picnic Tables

i. There is no accessible picnic table provided at the restroom facility. 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.

C. Drinking Fountains

i. The drinking fountain provided in the Pavilion is inaccessible because there is inadequate knee clearance. 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 adequate knee clearance and clear floor space at the fountain. Standards §§ 4.1.3(10), 4.15, 4.27.4, Fig. 27.

ii. There is no drinking fountain provided in the Pavilion for people 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).

D. Outdoor Men's and Women's Toilet Room Facility

i. The signage for each toilet room is mounted at a height that is not compliant. 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. There are no accessible clothes hooks provided in each toilet room. Provide at least one clothes hook in each toilet room 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.

iii. The toilet paper dispenser in each designated accessible stall is inaccessible. 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. John F. Donovan Pavilion Men's and Women's Toilet Rooms

i. The entry door opening pressure for each toilet room is greater than 5 pounds. 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).

3. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Ford Park Amphitheater.

A. Parking

i. There is no van accessible parking space with a 96 inch wide access aisle and van accessible sign. Provide a parking space that is van accessible. Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle at least 96 inches wide. 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. Men's and Women's Public Toilet Rooms

i. The signage for each toilet room is mounted on the door and does not have raised and Braille 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.

ii. The urinals in the men's toilet room are inaccessible because the rims are 23 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

iii. The designated accessible stall in the men's toilet room is inaccessible because it is 42 inches wide. 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.

iv. The toilet in the men's designated accessible stall is inaccessible because the centerline of the toilet is 20 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

v. There is no rear grab bar provided in the men's designated accessible stall. 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; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.17.6, 4.26.2, Fig. 30.

vi. The toilet paper dispenser in the men's designated accessible stall is inaccessible because it is mounted above the side grab bar. 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).

vii. There is no accessible coat hook provided in the men's designated accessible stall. 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.

viii. The toilets are inaccessible in the designated accessible stall on the east wall of the westside and the eastside of the women's toilet room because the flush controls are on the closed side of the stall. Provide a flush control in each stall mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

C. Men's and Women's Backstage Dressing Rooms

i. There is no accessible signage provided for each dressing room. Provide a dressing 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 shower is inaccessible because there is a 2 inch threshold at the entry to the shower, and no grab bar is provided. Ensure that the shower has a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2 and, has a grab bar, and a shower spray unit, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

4. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to Ellefson Park.

A. Parking

i. There is no directional signage at the lower parking lot directing people with disabilities towards the designated accessible parking spaces in the upper parking lot. Provide accessible directional signage with the International Symbol of Accessibility from the lower parking lot indicating the location of the designated accessible parking spaces in the upper parking lot. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

ii. There is no van accessible parking space with a 96 inch wide access aisle and van accessible sign. Provide a parking space that is van accessible. Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle at least 96 inches wide. 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. Picnic Tables

i. There are no accessible picnic tables provided at the restroom facility. 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.

C. Drinking Fountains

i. There is no drinking fountain provided for people who have difficulty bending or stooping. 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).

D. Men's and Women's Unisex Toilet Room

i. The signage for the unisex toilet room is mounted on the door. 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. There is no accessible mirror provided in the unisex toilet room. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

5. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to Buffehr Creek Park.

A. Parking

B. Drinking Fountains

C. Unisex (Family) Toilet Room Facility

i. The signage for the unisex toilet room is mounted on the entry door, and the sign does not have raised and Braille 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.

ii. The toilet paper dispenser in the accessible stall in each toilet room is inaccessible because it is mounted above the side grab bar. 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).