SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE CITY OF BEND,OREGON

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-61-145

SCOPE OF THE INVESTIGATION

This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice (“Department”) against the City of Bend, Oregon (“City”). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complaint alleges that the City has not taken steps to provide access to its programs and services. Specifically, the City Hall and City Hall Annex have various accessibility issues, including inaccessible toilet rooms, a noncompliant drinking fountain, an inaccessible elevator, lack of maintenance of the accessible route, and an inaccessible counter in the Community Development Department. The complaint also alleges that many of the public parking lots are noncompliant and that the downtown sidewalks have various access problems, including noncompliant curbs ramps and routes of travel. Finally, the complaint alleges that the blueprints for the new Police Station show inaccessible features, including width of parking spaces designated for persons with disabilities, slopes of routes of travel, toilet rooms, and inaccessible drinking fountains.

Because the City receives financial assistance from the Department of Justice, the investigation was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G. The Department expanded the scope of the investigation to include the City’s compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department’s title II regulation, 28 C.F.R. § 35.105;
  
  
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City’s obligations under title II and the Department’s regulation, 28 C.F.R. § 35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply with and carry out the City’s ADA responsibilities, 28 C.F.R. § 35.107(a);
  
  
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
  
  
• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:

delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,



physical changes to buildings (required to have been made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.

• to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
  
  
• to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
  
  
• to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 9-1-1 services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;
  
  
• to provide information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and
  
  
• to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

As part of its compliance review, the Department reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements:

• East Fire Station
  
• Fire Administration Building
  
• Fire Training Center
  
• North Fire Station
  
• Police Station
  
• South Fire Station
  
• Training Facility at the Wastewater Treatment Facility
  
• West Fire Station
  
• East, North, South and West Police Substations
  
• City Hall
  
• Dial-a-Ride Office
  
• Wastewater Treatment Facility

The Department’s program access review covered those of the City’s programs, services, and activities that operate in the following facilities:

• City Hall Annex
  
• Louisiana Avenue and Wall Street Parking Lot
  
• Kansas Avenue and Bond Street Parking Lot
  
• Gasoline Alley Parking Lot
  
• Phoenix Inn Parking Lot
  
• Greenwood Avenue and Wall Street Parking Lot
  
• Mirror Pond Parking Lot
  
• Department of Public Works

The Department reviewed the City’s policies and procedures regarding effective communication, employment practices, sidewalk maintenance, and web-based services and programs to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.

Finally, the Department reviewed the City’s Police Department’s policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.

JURISDICTION

1. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the complaint in this matter to determine the compliance of the City with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. section 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.

2. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to investigate the complaint in this matter to determine the City’s compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. sections 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

3. The ADA applies to the City because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).

4. The parties to this Agreement are the United States of America and the City of Bend, Oregon.

5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

6. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled “Implementation and Enforcement.”

ACTIONS TAKEN BY CITY

7. The City adopted an ADA Public Notice and has posted this notice in the legal notices display cabinet on the first floor of City Hall and has distributed it to all interested persons. The Notice advises persons that the City does not discriminate against persons with disabilities and advises that accommodations and alternate formats are available upon request. The Notice advises persons of the ADA Coordinator’s contact information, which includes a voice/TYY phone number. Finally, the City desiring to cooperate in making its programs and facilities accessible to persons with disabilities is entering into this agreement in lieu of contesting issues which may be arguable or which are not clearly established by law.

8. The City has a designated ADA Coordinator. The ADA Coordinator coordinates the City’s efforts to comply with and carry out its responsibilities under the ADA, including any investigation of any complaint alleging its noncompliance with title II or alleging any actions that would be prohibited under title II. The City’s ADA Coordinator has been, and is currently working on an ongoing effort that will make each City program, service, and activity readily accessible to persons with disabilities. The City makes available to all interested individuals the name(s), office address(es), and telephone number(s) of the ADA Coordinator’s Office.

9. The City adopted an ADA Grievance Procedure Policy. Grievances are brought to the attention of the ADA Coordinator who work towards a resolution of the matter. The ADA Coordinator must respond to the complaint within 30 days after its filing. Copies of the Policy and ADA Complaint Form are provided to any person upon request.

10. The City conducted a self-evaluation survey of its programs, policies, and procedures beginning in October, 1983. Community members with disabilities participated in a review of the City owned facilities. Following the completion of several self-evaluations, the City’s ADA Team developed a transition plan on January 13, 1994, in order to ensure that the programs offered at City facilities comply with title II of the ADA. As a result, the City has systematically increased the number of programs accessible to individuals with disabilities.

REMEDIAL ACTION

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

11. Within three months of the effective date of this Agreement, the City will identify sources of qualified sign language and oral interpreters, Braille, real-time captioning, and portable assistive listening devices, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for sign language or oral interpreters and assistive listening devices.

12. The City will take steps to ensure that all appropriate employees are trained and practiced in using the Oregon Relay Service to make and receive calls.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

13. Within three months of the effective date of this Agreement, the City will adapt for its own use and implement the City of Bend Police Department Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment A] and distribute to all police officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment B].

14. Within three months of the effective date of this Agreement, the City will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, to its police department or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

15. Within three months of the effective date of this Agreement, the City will ensure that the police station is equipped with a working TTY to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls. Where arrestee telephone calls are time-limited, the City will adopt policies permitting inmates who use TTY’s a longer period of time to make those calls, due to the slower nature of TTY communications compared with voice communications.

EMPLOYMENT

16. Within three months of the effective date of this Agreement, the City will amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. At minimum, those policies will provide that the City:

• will not discriminate on the basis of disability in its hiring or employment practices.
  
  
• will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position.
  
  
• will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the City’s business.
  
  
• will maintain any employee’s medical records separate from personnel files and keep them confidential.
  
  
• will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the City’s selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

SIDEWALKS

17. Within three months of the effective date of this Agreement, the City will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts at particular locations.

18. Within nine months of the effective date of this Agreement, the City will identify and report to the Department all streets, roads, and highways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Filling a pothole is not considered an alteration for the purposes of this Agreement. Within ten years of the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.

19. Beginning no later than three months after the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered.

20. Within nine months of the effective date of this Agreement, the City will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within ten years of the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway.

21. Beginning no later than three months after the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway.

WEB-BASED SERVICES AND PROGRAMS

22. Within three months of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the City will distribute to all persons – employees and contractors – who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the City (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment C to this Agreement (it is also available at www.ada.gov/websites2.htm).

23. Within six months of the effective date of this Agreement, and throughout the life of the Agreement, the City will do the following:

• Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
  
  
• Ensure that all new and modified web pages and content are accessible;
  
  
• Develop and implement a plan for making existing web content more accessible;
  
  
• Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and
  
  
• Periodically (at least annually) enlist persons with disabilities to test its pages for ease of use.

PHYSICAL CHANGES TO FACILITIES

24. The elements or features of the City’s facilities that do not comply with the Standards, including those listed in Attachments D, E, and F, prevent persons with disabilities from fully and equally enjoying the City’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

25. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

26. Within three months of the effective date of this Agreement, the City will install 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, with the exception of facilities that are under, or will be under, construction or alterations within this time-frame and which will not be required to correct any signage until the completion of such construction or alteration has occurred, for the purpose of identifying those that have multiple entrances not all of which are accessible.

27. Newly Constructed Facilities: 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 actions listed in Attachment D.

28. Altered Facilities: In order to ensure that the following spaces and elements in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the actions listed in Attachment E.

29. Program Access in City Existing Facilities: In order to ensure that each of the City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the actions listed in Attachment F.

MISCELLANEOUS PROVISIONS

30. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

31. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).

32. Within six months of the effective date of this Agreement, the City will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The City will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.

33. Within one year of the effective date of this Agreement, the City will deliver its training program to all City employees who have direct contact with members of the public. At the end of that period, the City will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

IMPLEMENTATION AND ENFORCEMENT

34. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed.

35. The Department may review compliance with this Agreement at any time. If the Department believes that the City has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.

36. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

37. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

38. This Agreement upon final signatures will be considered a public document. A copy of this document or any information contained in it will be made available to any person by the City or the Department on request.

39. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments, which are hereby incorporated by reference), will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the City’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

40. This Agreement will remain in effect for six years, except that paragraphs 17 - 21, 30 - 31, and 34 - 42 shall remain in effect for ten years and six months.

41. The person signing for the City represents that he or she is authorized to bind the City to this Agreement.

42.The effective date of this Agreement is the date of the last signature below.

For the City :

For the United States:

MR. BRUCE ABERNETHY, Mayor Pro Tem By:                                                     City of Bend P.O. Box 431 Bend, Oregon 97701 Date:      Sept 1, 2004

R. ALEXANDER ACOSTA Assistant Attorney General for Civil Rights By:                                                     JOHN L. WODATCH, Chief JEANINE WORDEN, Deputy Chief MARY LOU MOBLEY, Senior Counsel JOSH MENDELSOHN, Supervisory Attorney NATALIE SINICROPE, Investigator AME EDUARDO, Investigator MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section - NYA Washington, DC 20530 Date:      September 15, 2004

CITY OF BEND POLICE DEPARTMENT

POLICY STATEMENT REGARDING EFFECTIVE COMMUNICATION

WITH PEOPLE WHO ARE DEAF OR HARD OF HEARING

 

OVERVIEW

It is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:

• People who identify themselves as deaf or hard of hearing are entitled to a level of service equivalent to that provided hearing persons.
  
  
• The Agency will make every effort to ensure that its officers and employees communicate effectively with people who have identified themselves as deaf or hard of hearing.
  
  
• Effective communication with a person who is deaf or hard of hearing involved in an incident – whether as a victim, witness, suspect, or arrestee – is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation.
  
  
• Various types of communication aids – known as “auxiliary aids and services” – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters.
  
  
• The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue.
  
  
• In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading. For example:

– If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.

– If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively and a sign language interpreter is often not required.

• To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person. Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need. Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing.
  
  
• The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden. Only the Agency head or his or her designee may make this determination. For example:

– If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.

• The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand – and are understood by – all those involved, including persons who are deaf or hard of hearing.
  
  
• People who are deaf or hard of hearing must never be charged for the cost of an auxiliary aid or service needed for effective communication.

ON-CALL INTERPRETIVE SERVICES

• The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Agency will update this list annually.
  
  
• A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). Certification is not required in order for an interpreter to be “qualified.”

TTY AND RELAY SERVICES

• In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service.

TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY

• Officers must review and have a working knowledge of Guide for Law Enforcement Officers When In Contact With People Who Are Deaf or Hard of Hearing. This document reviews how officers should communicate effectively in the types of situations officers will encounter. These situations include:

– Issuing a noncriminal or motor vehicle citation.
– Communicating with a person who initiates contact with an officer.
– Interviewing a victim or critical witness to an incident.
– Questioning a person who is a suspect in a crime.
– Making an arrest or taking a person into custody.
– Issuing Miranda Warnings to a person under arrest or in custody.
– Interrogating a person under arrest or in custody.

PROCEDURES FOR OBTAINING AUXILIARY AIDS AND SERVICES

• Officers must utilize the following auxiliary aids, when available, to communicate effectively:

– Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters

(Return to Agreement)

GUIDE FOR LAW ENFORCEMENT OFFICERS

When In Contact With People Who Are Deaf or Hard of Hearing

 

As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.

Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf or hard of hearing. You should become familiar with this policy.

What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.

How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:

– use of qualified sign language or oral interpreters
– for people who are hard of hearing, speaking loudly and clearly, and use of assistive listening devices (to amplify sound)
– use of gestures or visual aids to supplement oral communication
– an exchange of written notes
– or use of a computer or typewriter.

What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.

For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.

Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.

DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.

How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.

If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.

– In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.

– During interrogations and arrests, a sign language interpreter will often be necessary.

– If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.

– In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.

Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.

Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.

Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.

Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.

Contact numbers for your local sign language interpreters:

___________________________________________________

___________________________________________________


(Return to Agreement)

Attachment D: Modifications to Newly Constructed Facilities

Newly Constructed Facilities: 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. The City will make the following modifications to the East Fire Station located at 62420 Hamby Road, within five years of the effective date of this Agreement:

A. Men’s Locker Room on the Second Floor: The City shall make the following modifications, or alternatively, provide a unisex locker room in this building in which all elements, including but not limited to signage, clothes/towel hook, locker, and bench comply with the Standards.

i. The locker room sign is inaccessible because it is mounted on the door and lacks Braille and the International Symbol of Accessibility. Provide a locker 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 clothes/towel hooks are inaccessible because they are mounted at 71 inches above the finished floor. Provide at least one clothes/towel 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; and,

iii. The dressing room bench is 13 inches wide and 16 inches above the finished floor. 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; OR,

iv. Alternatively, the City may create an unisex locker room in this building in which all elements, including but not limited to signage, clothes/towel hook, locker, and bench comply with the Standards.

B. Women’s Locker Room on the Second Floor: The City shall make the following modifications, or alternatively, provide a unisex locker room in this building in which all elements, including but not limited to signage, clothes/towel hook, locker, and bench comply with the Standards.

i. The locker room sign is inaccessible because it is mounted on the door and lacks Braille and the International Symbol of Accessibility. Provide a locker 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 clothes/towel hooks are inaccessible because they are mounted at 71 inches above the finished floor. Provide at least one clothes/towel 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.

iii. The dressing room bench is 37 inches long, 13 inches wide and 16 inches above the finished floor. 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.

C. Shower Stalls

i. The designated accessible showers are inaccessible. Provide an accessible unisex shower 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. Provide 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 §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

D. Conference Room on the First Floor

i. The conference room is inaccessible to people with hearing impairments because it does not have an assistive listening system. 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.

2. The City will make the following modifications to the Fire Administration Building located at 12212 South West Simpson Avenue, within three years of the effective date of this Agreement:

A. Parking

i. The signage designating the parking space as reserved for persons with disabilities is too low. At the space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

B. Drinking Fountains

i. The hi-lo drinking fountain on the first floor is inaccessible because the high fountain is not detectable to a blind person using a cane. Provide a high drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor, or protrude no more than 4 inches into the walkway. Standards §§ 4.1.2(3), 4.4.

ii. The hi-lo drinking fountain on the second floor is inaccessible because the high fountain is not detectable to a blind person using a cane. Provide a high drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor, or protrude no more than 4 inches into the walkway. Standards §§ 4.1.2(3), 4.4.

C. Men’s Locker Room on the Second Floor

i. The locker room sign is inaccessible because it lacks Braille and the International Symbol of Accessibility. Provide a locker 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 designated accessible shower is inaccessible because it has a 2 1/2 inch curb and the shower door and enclosure obstruct a person from transferring from a wheelchair to the shower seat. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch wide and 36 inch deep 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. Provide 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 §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

iii. The dressing room bench is 13 inches wide and 16 inches above the finished floor. 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.

D. Women’s Locker Room on the Second Floor

i. The locker room sign is inaccessible because it lacks Braille and the International Symbol of Accessibility. Provide a locker 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 designated accessible shower is inaccessible because it has a 2 1/2 inch curb and the shower door and enclosure obstruct a person from transferring from a wheelchair to the shower seat. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch wide and 36 inch deep 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. Provide 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 §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

iii. The clothes/towel hooks are inaccessible because they are mounted at 63 inches above the finished floor. Provide at least one clothes/towel 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.

iv. The dressing room bench is 13 inches wide and 16 inches above the finished floor. 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. Conference Room on the First Floor

i. The conference room is inaccessible to people with hearing impairments because it does not have an assistive listening system. 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.

3. The City will make the following modifications to the Fire Training Center located at 63377 Jamison Street, within six months of the effective date of this Agreement:

A. Men’s Toilet Room

i. The designated accessible stall door swings into the required clear floor space at the designated accessible urinal. Provide an unobstructed clear floor space of 30 inches wide by 48 inches deep at any accessible fixture. Standards §§ 4.1.3(11), 4.22.2.

ii. The lavatories are inaccessible because their aprons are 27 1/2 inches above the finished floor. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

iii. The side grab bar in the designated accessible stall is inaccessible because it is 18 inches from the closer end 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 §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Figs. 30(a), (d).

B. Women’s Toilet Room

i. The lavatory is inaccessible because its apron is 27 1/2 inches above the finished floor. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

ii. The designated accessible stall door swings into the required clear floor space at the designated accessible lavatory. Provide an unobstructed clear floor space of 30 inches wide by 48 inches deep at any accessible fixture. Standards §§ 4.1.3(11), 4.22.2.

iii. The side grab bar in the designated accessible stall is inaccessible because it is 19 inches from the closer end 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 §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Figs. 30(a), (d).

C. Kitchen

i. The microwave is inaccessible because the highest operable part is out of the reach ranges required for a person using a wheelchair. Provide an accessible microwave with the highest operable part no more than 48 inches above the finished floor for a front approach or no more than 54 inches above the finished floor for a side approach. Standards §§ 5.8, 4.27.3, 4.2.5, 4.2.6.

D. Training Rooms

i. The training rooms are inaccessible to people with hearing impairments because they do not have an assistive listening system. Provide a permanently installed assistive listening system (ALS) in each room 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 minium of 2 receivers in each room for use by the general public and signage indicating their availability. Standards §§ 4.1.3(19)(b), 4.30, 4.33.

4. The City will make the following modifications to the North Fire Station located at 63377 Jamison Street, within five years of the effective date of this Agreement:

A. Men’s Locker Room on the Second Floor: The City shall make the following modifications, or alternatively, provide a unisex locker room in this building in which all elements, including but not limited to signage, clothes/towel hook, locker, and bench comply with the Standards.

i. The locker room sign is inaccessible because it is mounted on the door and lacks Braille and the International Symbol of Accessibility. Provide a locker 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 clothes/towel hooks are inaccessible because they are mounted at 71 inches above the finished floor. Provide at least one clothes/towel 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.

iii. The dressing room bench is 13 inches wide and 16 inches above the finished floor. 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.

B. Women’s Locker Room on the Second Floor: The City shall make the following modifications, or alternatively, provide a unisex locker room in this building in which all elements, including but not limited to signage, clothes/towel hook, locker, and bench comply with the Standards.

i. The locker room sign is inaccessible because it is mounted on the door and lacks Braille and the International Symbol of Accessibility. Provide a locker 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 clothes/towel hooks are inaccessible because they are mounted at 71 inches above the finished floor. Provide at least one clothes/towel 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.

iii. The dressing room bench is 37 inches long, 13 inches wide and 16 inches above the finished floor. 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.

C. Shower Stalls

i. The designated accessible showers are inaccessible. Provide an accessible unisex shower 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. Provide 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 §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

D. Conference Room on the First Floor

i. The conference room is inaccessible to people with hearing impairments because it does not have an assistive listening system. 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.

5. The City will make the following modifications to the Police Station located at 555 North East 15th Street, within one year of the effective date of this Agreement:

A. Men’s Toilet Room on the Second Floor (Lobby)

i. The toilet room sign is inaccessible because the centerline of the sign is mounted at 64 inches above the finished floor. Provide a toilet room sign that is mounted 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 door is inaccessible because the pressure required to open the door is 8 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

B. Women’s Toilet Room on the Second Floor (Lobby)

i. The toilet room sign is inaccessible because the centerline of the sign is mounted at 64 inches above the finished floor. Provide a toilet room sign that is mounted 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 door is inaccessible because the pressure required to open the door is 7 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).

C. Men’s Toilet Room on the Second Floor (Staff)

i. The toilet room sign is inaccessible because the centerline of the sign is mounted at 64 inches above the finished floor. Provide a toilet room sign that is mounted 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.

D. Women’s Toilet Room on the Second Floor (Staff)

i. The toilet room sign is inaccessible because the centerline of the sign is mounted at 64 inches above the finished floor. Provide a toilet room sign that is mounted 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.

E. Men’s Toilet Room on the Third Floor - North Side

i. The toilet room sign is inaccessible because the centerline of the sign is mounted at 64 inches above the finished floor. Provide a toilet room sign that is mounted 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 door is inaccessible because the pressure required to open the door is 12 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).

F. Women’s Toilet Room on the Third Floor - North Side

i. The toilet room sign is inaccessible because the centerline of the sign is mounted at 64 inches above the finished floor. Provide a toilet room sign that is mounted 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 door is inaccessible because the pressure required to open the door is 11 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).

G. Men’s Locker Room

i. The toilet room sign is inaccessible because the centerline of the sign is mounted at 62 inches above the finished floor and the sign lacks Braille and 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.

ii. The door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

iii. The designated accessible shower is inaccessible because its frame obstructs a person in a wheelchair from transferring to the shower seat and the shower unit is not mounted on a vertical bar. 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. Provide 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 §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

iv. The dressing room benches are 10 inches wide and are not attached to the wall. 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.

I. Women’s Locker Room

i. The toilet room sign is inaccessible because the centerline of the sign is mounted at 62 inches above the finished floor and the sign lacks Braille and 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.

ii. The door is inaccessible because the pressure required to open the door is 8 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

iii. The designated accessible shower is inaccessible because its frame obstructs a person in a wheelchair from transferring to the shower seat and the shower unit is not mounted on a vertical bar. 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. Provide 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 §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

iv. The dressing room benches are 10 inches wide and are not attached to the wall. 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.

J. Unisex Single-User Lavatory on the Third Floor

i. The toilet room sign is inaccessible because the centerline of the sign is mounted at 62 inches above the finished floor and the sign lacks Braille and 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.

ii. The toilet is inaccessible because there are no grab bars. 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, and 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. Provide grab bars that are mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bars and the wall; and at least 1 1/2 inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

K. Employee Break Room on the Third Floor

i. The paper towel dispenser is inaccessible because the controls are mounted at 50 inches above the finished floor over the kitchen sink. 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.

L. Mail Room on the Third Floor

i. The paper towel dispenser is inaccessible because the controls are mounted at 50 inches above the finished floor over the kitchen sink. 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.

M. Booking Area

i. The paper towel dispenser is inaccessible because the controls are mounted at 50 inches above the finished floor over the sink. 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.

N. Holding Cell 121

i. There is no side grab bar at the toilet. Provide a side grab bar (may have a strong shelf) 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; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

O. Library/Meeting Room on the Third Floor

i. The paper towel dispenser is inaccessible because the controls are mounted at 48 inches above the finished floor over the kitchen sink. 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 Library/meeting room is inaccessible to people with hearing impairments because it does not have an assistive listening system. 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.

P. Training Room on the Second Floor

i. The paper towel dispenser is inaccessible because the controls are mounted at 48 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 training room is inaccessible to people with hearing impairments because it does not have an assistive listening system. 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.

Q. Conference Room on the Third Floor

i. The conference room is inaccessible to people with hearing impairments because it does not have an assistive listening system. 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.

R. Room Signage

i. The room signage provided is inaccessible because its centerline is mounted more than 60 inches above the finished floor and lacks Braille. 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.

6. The City will make the following modifications to the South Fire Station located at 61080 Country Club Drive, within five years of the effective date of this Agreement:

A. Men’s Locker Room on the Second Floor: The City shall make the following modifications, or alternatively, provide a unisex locker room in this building in which all elements, including but not limited to signage, clothes/towel hook, locker, and bench comply with the Standards.

i. The locker room sign is inaccessible because it is mounted on the door and lacks Braille and the International Symbol of Accessibility. Provide a locker 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 clothes/towel hooks are inaccessible because they are mounted at 71 inches above the finished floor. Provide at least one clothes/towel 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.

iii. The dressing room bench is 13 inches wide and 16 inches above the finished floor. 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.

B. Women’s Locker Room on the Second Floor: The City shall make the following modifications, or alternatively, provide a unisex locker room in this building in which all elements, including but not limited to signage, clothes/towel hook, locker, and bench comply with the Standards.

i. The locker room sign is inaccessible because it is mounted on the door and lacks Braille and the International Symbol of Accessibility. Provide a locker 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 clothes/towel hooks are inaccessible because they are mounted at 71 inches above the finished floor. Provide at least one clothes/towel 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.

iii. The dressing room bench is 37 inches long, 13 inches wide and 16 inches above the finished floor. 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.

C. Shower Stalls

i. The designated accessible showers are inaccessible. Provide an accessible unisex shower 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. Provide 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 §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

D. Conference Room on the First Floor

i. The conference room is inaccessible to people with hearing impairments because it does not have an assistive listening system. 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.

7. The City will make the following modifications to the Training Facility at the Wastewater Treatment Facility located at 22395 McGrath Road, within three months of the effective date of this Agreement:

A. Men’s and Women’s Single-User Toilet Rooms

i. The lavatories are inaccessible because their aprons are 28 inches above the finished floor. In each room, provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

B. Training Room

i. The training room is inaccessible to people with hearing impairments because it does not have an assistive listening system. 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.

8. The City will make the following modifications to the West Fire Station located at 1212 South West Simpson Avenue, within five years of the effective date of this Agreement:

A. Men’s Locker Room on the Second Floor: The City shall make the following modifications, or alternatively, provide a unisex locker room in this building in which all elements, including but not limited to signage, clothes/towel hook, locker, and bench comply with the Standards.

i. The locker room sign is inaccessible because it is mounted on the door and lacks Braille and the International Symbol of Accessibility. Provide a locker 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 clothes/towel hooks are inaccessible because they are mounted at 71 inches above the finished floor. Provide at least one clothes/towel 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.

iii. The dressing room bench is 13 inches wide and 16 inches above the finished floor. 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.

B. Women’s Locker Room on the Second Floor: The City shall make the following modifications, or alternatively, provide a unisex locker room in this building in which all elements, including but not limited to signage, clothes/towel hook, locker, and bench comply with the Standards.

i. The locker room sign is inaccessible because it is mounted on the door and lacks Braille and the International Symbol of Accessibility. Provide a locker 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 clothes/towel hooks are inaccessible because they are mounted at 71 inches above the finished floor. Provide at least one clothes/towel 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.

iii. The dressing room bench is 37 inches long, 13 inches wide and 16 inches above the finished floor. 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.

C. Shower Stalls

i. The designated accessible showers are inaccessible. Provide an accessible unisex shower 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. Provide 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 §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

D. Conference Room on the First Floor

i. The conference room is inaccessible to people with hearing impairments because it does not have an assistive listening system. 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.

9. The City will make the following modifications to the East, North, South and West Police Substations located at each of the County’s Fire Stations, within three months of the effective date of this Agreement:

A. Unisex Single-User Toilet Rooms

i. The toilet room signs are inaccessible because they are not mounted on the latch side of the door. Provide a toilet room sign at each location that is 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 lavatories are inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes at each location that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

iii. The toilets are inaccessible because the top of the seats are 15 1/2 inches above the finished floor. Provide a toilet at each location with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.3, Fig. 29(b).

iv. The toilet seat cover dispensers are inaccessible because they are mounted at 54 inches above the finished floor and over the toilet. Provide toilet seat cover dispensers at each location such that they 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.

(Return to Agreement)

Attachment E to Settlement Agreement between the United States of America and
Bend, Oregon in DJ# 204-61-145

Attachment E: Modifications to Altered Facilities

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

1. The City will make the following modifications to the City Hall located at 710 North West Wall Street, within 5 years of the effective date of this Agreement:

A. Public Telephone

i. The telephone at the East Entrance is inaccessible because it does not have volume control and the counter does not provide sufficient knee clearance. 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), 4.1.6(1)(b), 4.31.

B. Drinking Fountain

i. The drinking fountain on the first floor is inaccessible because it is not detectable to a blind person using a cane. Provide an accessible drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor, or protrude no more than 4 inches into the walkway. Standards §§ 4.1.2(3), 4.4.

C. Men’s Toilet Room

i. The door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

ii. The door, which is accessed through a front approach and which has both a closer and a latch, is inaccessible because it has only 3 inches of maneuvering clearance on the latch side of the door. 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 §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

iii. The urinal is inaccessible because its rim is 25 inches above the finished floor and there is insufficient clear floor space. 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), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

iv. The lavatory is inaccessible because its apron is 28 inches above the finished floor. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2, Fig. 31.

v. The designated accessible stall is inaccessible because it is an “alternate” stall. Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

D. Women’s Toilet Room

i. The door, which is accessed through a front approach and which has both a closer and a latch, is inaccessible because it has only 3 inches of maneuvering clearance on the latch side of the door. 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 §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

ii. The lavatory is inaccessible because its apron is 28 inches above the finished floor. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2, Fig. 31.

iii. The designated accessible stall is inaccessible because it is an “alternate” stall. Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

E. Elevator

i. The elevator is inaccessible because there are no visible hall lanterns. Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call. Provide audible signals that 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 2 1/2 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 §§ 4.1.3(5), 4.1.6(1)(b), 4.10.4, Fig. 20.

ii. The elevator is inaccessible because the door only stays open for 3 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. Provide a device that 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 §§ 4.1.3(5), 4.1.6(1)(b), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

F. Council Chambers

i. The council member dias and entrance to the board room are inaccessible because they can only be accessed by 6 inch steps. Provide a ramp or platform lift in compliance with the Standards or establish a procedure for providing access to these areas. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances. Standards §§ 4.1.6(1)(b), 4.1.6(3)(g), 4.3.2, 4.3.8, 4.8, 4.11.

ii. The door to the board room is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.9.

iii. The council chambers is inaccessible to people with hearing impairments because it does not have an assistive listening system. 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 3 receivers for use by the general public and signage indicating their availability. Standards §§ 4.1.3(19)(b), 4.1.6(1)(b), 4.30, 4.33.

G. Municipal Court Counters on the First Floor

i. The counters are inaccessible because they are 38 inches above the finished floor and 34 inches wide. Provide a counter on an accessible route 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), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

H. Back-up Conference Room on the First Floor

i. The door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.9.

I. Finance Department on the Second Floor

i. The reception window is inaccessible because it is 42 inches above the finished floor. Provide a window on an accessible route such that a portion of the window 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 window, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main window, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

2. The City will make the following modifications to the Dial-a-Ride Office located at 1375 North East Forbes Road, within one year of the effective date of this Agreement:

A. Men’s Toilet Room

i. The door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

ii. The urinal is inaccessible because its rim is 26 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), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

iii. The lavatory is inaccessible because its rim is 36 inches above the finished floor. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2, Fig. 31.

iv. The designated accessible stall is an “alternate” stall. Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, coat hooks, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

B. Women’s Toilet Room

i. The door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

ii. The lavatory is inaccessible because its rim is 36 inches above the finished floor. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2, Fig. 31.

iii. The designated accessible stall is an “alternate” stall. Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, coat hooks, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

C. Route to the Men’s Toilet Room

i. The route to the Men’s Toilet Room is inaccessible because the wall-mounted first aid kit protrudes into the main walkway and would not be detectable to a blind person using a cane. 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), 4.1.6(1)(b), 4.4.

3. The City will make the following modifications to the Wastewater Treatment Facility located at 22395 McGrath Road, within one year of the effective date of this Agreement:

A. Public Parking

i. The van accessible parking space reserved for persons with disabilities lacks the appropriate signage. At the van accessible space, 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), 4.1.6(1)(b), 4.6.4, 4.30.7(1).

B. Exterior Ramp at the Front Entrance

i. The ramp is inaccessible because a portion of the outside edge lacks edge protection. Provide edge protection at least 2 inches high at the drop off sides. Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.7.

ii. The ramp is inaccessible because the handrails do not extend at least 12 inches beyond the bottom of the ramp. Provide handrails along both sides of the ramp extending at least 12 inches beyond the bottom of the ramp parallel with the ground surface, with ends rounded or returned smoothly to the floor, wall, or post. Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.5.

C. Exterior Ramp at the Back Entrance

i. The ramp is inaccessible because there is no inside handrail and the outside handrail does not extend at least 12 inches beyond the bottom of the ramp. Provide handrails that are between 1 1/4 inches and 1 1/2 inches in diameter such that the inside handrail is continuous and both handrails have a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post. Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.5.

E. Unisex Single-User Toilet Room

i. The toilet room sign is inaccessible because it is mounted on the door. Provide a toilet room sign that is 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. No accessible mirror is provided. 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), 4.1.6(1)(b), 4.22.6, 4.19.6.

iii. The toilet seat cover dispenser is inaccessible because it is mounted at 46 inches above the finished floor and over the toilet. Provide a toilet seat cover dispenser such that it complies 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), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iv. The paper towel dispenser is inaccessible because the controls are mounted at 57 inches above the finished floor. Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(Return to Agreement)

Attachment F to Settlement Agreement between the United States of America and
Bend, Oregon in DJ# 204-61-145

Attachment F: Program Access in Existing Facilities

Paragraph 26 of the 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.

1. The technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is “readily accessible to and usable by” persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151.

2. In order to ensure that each of the City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the City will take the following actions:

3. The City will make the following modifications to the City Hall Annex located at 745 North West Bond Street, within three years of the effective date of this Agreement:

A. Men’s Locker Room

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

ii. The lavatories are inaccessible because their rims are 36 1/2 inches above the finished floor and there is no knee or toe clearance. 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. Standards §§ 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

iii. The designated accessible stall is inaccessible because it is an “alternate” stall. 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.

B. Women’s Locker Room

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

ii. The route to the lavatories and designated accessible stall is inaccessible because it is obstructed by boxes. Provide an accessible route to the lavatories and designated accessible stall with a minimum clear width of 36 inches. Standards § 4.3.3.

iii. The lavatories are inaccessible because their rims are 35 inches above the finished floor, there is no knee or toe clearance, and they have twist controls. 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.

iv. The designated accessible stall is inaccessible because it is an “alternate” stall. 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.

4. The City will make the following modifications to its Public Parking Lots, within one year of the effective date of this Agreement:

A. Louisiana Avenue and Wall Street Parking Lot and City Hall Parking

i. Although the Louisiana/Wall parking lot has a total of 68 parking spaces, there are none reserved for people with disabilities. Provide at least 3 standard spaces designated as reserved for people with disabilities in the City Hall parking lots. Provide standard accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 60 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. Provide spaces and access aisles for persons with disabilities that 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. Gasoline Alley Parking Lot

i. Although the parking lot has a total of 26 parking spaces, there are none reserved for people with disabilities. Provide at least one van accessible space and at least one standard space designated as reserved for people with disabilities. Provide standard accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Provide van accessible spaces that 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. Provide spaces and access aisles for persons with disabilities that 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).

C. Mirror Pond Parking Lot

i. The two parking spaces reserved for persons with disabilities that have 60 inch access aisles are improperly designated with van accessible signage. Provide signage at these spaces without an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.6.4, 4.30.7(1).

5. The City will make the following modifications the Department of Public Works located at 1375 North East Forbes Street, within two years of the effective date of this Agreement:

A. Public Parking

i. Although the parking lot has a total of 30 parking spaces, with two spaces being reserved for persons with disabilities, none are van accessible. On the shortest accessible route to the accessible entrance, and in addition to an existing standard accessible parking space, provide at least one van accessible space a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

ii. The two parking spaces reserved for persons with disabilities lack appropriate signage and their pavement markings are unclear. 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. Provide spaces and access aisles for persons with disabilities that are flat and level, with clear pavement marking, 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. Drinking Fountain

i. Although an accessible drinking fountain is provided, 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).

C. Men’s Toilet Room

i. The toilet room sign is inaccessible. 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 door is inaccessible because it has an opening width of only 29 inches. Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24.

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

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

v. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

vi. The paper towel dispenser is inaccessible because the controls are mounted at 54 inches above the finished floor and over the lavatory. 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

vii. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.

viii. The lavatory is inaccessible because there is insufficient clear floor space. Provide a lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory. Standards § 4.19.3, Fig. 32.

ix. The lavatory is inaccessible because it has twist controls. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.

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

D. Women’s Toilet Room

i. The toilet room sign is inaccessible. 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 door is inaccessible because it has an opening width of only 29 inches. Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24.

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

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

v. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

vi. The paper towel dispenser is inaccessible because the controls are mounted at 55 inches above the finished floor and over the trash can and shelving unit. 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

vii. The lavatory is inaccessible because there is no knee or toe clearance and it has twist controls. 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.

viii. There is no accessible stall provided. 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.

E. Conference Room

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

ii. The conference room is inaccessible to people with hearing impairments because it does not have an assistive listening system. 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 §§ 4.30, 4.33.

F. Main Reception Counter

i. The reception counter is inaccessible because it is 42 inches above the finished floor. Provide a counter on an accessible route 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 §§ 7.2(2), 4.3.

(Return to Agreement)

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February 24, 2005