Attachment I:  Newly Constructed Facilities

 

Please Note: Paragraph 49 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the City will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

 

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

 

1.         Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Amarillo Tennis Center:

 

a.         Curb Ramp:  The parking lot is inaccessible because a curb ramp encroaches on the access aisle that is shared by 2 of the parking spaces reserved for persons with disabilities.  At each standard accessible space, provide an access aisle at least 60 inches wide.  At each van accessible space, provide an access aisles at least 96 inches wide.  Ensure that all access aisles 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.

 

b.         Picnic Tables: None of the picnic tables are accessible to persons with disabilities.  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 (Main Building):  The knee height of the lower drinking fountain designed for persons with disabilities is 25 ½ inches from the finished floor.  Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward.  Standards §§ 4.1.3(10), 4.15.5(1), Figs. 27(a), (b).

 

d.         Women's Locker Room

 

i.          The sign centerline is 57 inches above the finished floor.  Provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 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 pressure required to open the door is 8 pounds of force.  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).

 

iii.       In the toilet stall for persons with disabilities, the toilet centerline is 19 inches measured from the side wall or partition.  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.[1]

 

iv.        The lockers do not have any clear floor space.  Provide clear floor space of at least 30 inches by 48 inches deep of clear floor space in front of a locker.  Standards §§ 4.1.3, 4.25.2, 4.2.4.

 

v.         The bench in the dressing/fitting room is less than 24 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 §§ 4.1.3(21), 4.35.4, 4.26.3.

 

e.         Men's Locker Room               

 

i.          The height of the signage has a centerline of 56 ½  inches above the finished floor.  Provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 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 pressure required to open the door is 14 pounds of force.  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).

 

iii.       In the toilet stall for persons with disabilities, the toilet centerline is 19 inches measured from the side wall or partition.  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.        No accessible mirror has been provided in the dressing/fitting 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.

 

v.         The lockers do not have any clear floor space.  Provide clear floor space of at least 30 inches by 48 inches deep of clear floor space in front of a locker.  Standards §§ 4.1.3, 4.25.2, 4.2.4.

 

vi.        The bench in the dressing/fitting room is less than 24 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 §§ 4.1.3(21), 4.35.4, 4.26.3.

 

2.         Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Northwest Branch Library:

 

a.         Assembly Area  - Meeting Room:  An assistive listening system is not installed, and there is no portable system available at this library.  Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system.  Also provide a minimum of 2 receivers for use by the general public and signage indicating their availability.  Standards §§ 4.1.3(19)(b), 4.30, 4.33.

 

b.         Women's Toilet Room with Stalls (Off Lobby - Near Entrance): The sanitary napkin disposal container in the toilet stall for persons with disabilities interferes with the use of the side grab bar.  Provide a side grab bar that has at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser.  Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

 

3.         Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Fire Administration Building:

 

a.         The access aisle serving the parking space designated as "van accessible" is only 88 inches wide.  Provide designated van accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5)(b), 4.6.3, Fig.9.

 

b.         Ramps

 

i.          The sidewalk ramps at the back and the side of the building near where the fire trucks park lack edge protection.  Provide edge protection that is at least 2 inches high at the drop off sides.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.1.2(1), 4.1.2 (2), 4.3.8, 4.8.

 

ii.         Legally parked vehicles that overhang the sidewalk ramps can block the accessible route.  Provide and maintain an accessible route with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards §§ 4.1.3(1), 4.3.3, 4.13.5.

                       

c.         Men's and Women's Toilet Rooms with Stalls.  For each:

 

i.          The automatic flush device interferes with the use of the rear grab bar.  Provide a rear grab bar that has at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser.  Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

 

4.         Within 12 months of the effective date of this Agreement, the City will complete the following modifications to Fire Station No. 7:

 

a.         Single-User Toilet Room

 

i.          The toilet paper dispenser is mounted 43 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 §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

 

ii.         The side grab bar is 37 inches long.  Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Standards §§ 4.1.3(11), 4.22.4, 4.16.4, Fig. 29(b).

 

5.         Within 12 months of the effective date of this Agreement, the City will complete the following modifications to the Bus Transfer Station:

 

a.         Toilet Rooms with Stalls

 

i.          Men's Toilet Room - Accessible Stall:  The automatic flush device interferes with the use of the rear grab bar.  Provide a rear grab bar that has at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser.  Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

                                                           

ii.         Women's Toilet Room

 

(1)       The distance of the closer end of the rear grab bar to the side wall is 7 ½ inches.  Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall.  Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.           

 

(2)       The automatic flush device interferes with the use of the rear grab bar.  Provide a rear grab bar that has at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser.  Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.



            [1]           Shifting a toilet a small distance to comply with the centerline requirement need not be expensive.  The important factor is maintaining the correct distance between the side grab bar and the toilet.  Options include moving the partition on which the grab bar is mounted or installing an offset flange to shift the toilet.  Another option is to mount the grab bar on a board attached to the side wall or partition.  The board must extend 1.5" below the grab bar and 18" above the grab bar.

September 8, 2009