SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE CITY OF BINGHAMTON, NEW YORK


UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-50-224


Settlement Agreement | Department of Justice Press Releases



BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of the City of Binghamton, New York under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, the review 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 review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the City’s compliance with the following title II requirements:

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: Broome County Main Library, Recreation Park.

The Department’s program access review covered those of the City’s programs, services, and activities that operate in the following facilities: First Ward Senior Center, Greenman Center, City Hall Building, Lindsey Park, Ely Golf Course, MacArthur Park, Booth Field, Binghamton High School.

The Department conducted a program access review of the following polling places: Good Shepard Fairview Home, Engine 4 Fire Station, Calvin Coolidge School, Engine 3 Fire Station, Theodore Roosevelt Elementary School, Holy Spirit Church, Thomas Jefferson Elementary School, Chester B. Lord School, Ross Memorial Church, St. John the Evangelist Church, and Conklin Avenue First Baptist Church. This review was limited to the areas of the facilities used by the voting public: parking, the route from the parking area to the area used for voting, and the area used for voting.

The Department reviewed the City’s policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance 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 ADA applies to the City because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, 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. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.

3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, 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. §§ 42.530 and 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 to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

4. The parties to this Agreement are the United States of America and the City of Binghamton, New York.

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 “Enforcement and Implementation.”

ACTIONS TAKEN BY THE CITY

7. The City has a designated ADA Coordinator. Grievances are brought to the attention of the Coordinator or the appropriate City Official relevant to the grievance.

8. Notices of actions that could hinder public access to City facilities are publicized and include the telephone number of the ADA Coordinator and the direct telephone number of the City Engineers.

9. There is a constant open line of communication between the City of Binghamton and the Southern Tier Independence Center (STIC) through which the City hears grievances and works toward a resolution of all matters.

10. The City regularly uses STIC to obtain qualified sign language interpreters for all effective communication needs. These services are obtained by the Chief Court Clerk.

11. The Police Department maintains an open line of communication with the Chief Court Clerk to quickly inform that office of the need to obtain a sign language interpreter for uses such as phone calls, fingerprinting, etc.

12. The City regularly contracts with qualified sign language interpreters or obtains assistive listening devices for jury members, witnesses or other participants for effective communication.

13. All documents provided to the public are made available in alternate format, including disk, CD ROM, large print, or Braille. The City contracts with the American Civic Association or Binghamton University for its Braille needs.

14. All street construction projects since 1980 in the City of Binghamton have included accessible curb ramps at all intersections included in the project.

REMEDIAL ACTION

NOTIFICATION

15. Within four months of the effective date of this Agreement, the City will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the City; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request.

16. Within four months of the effective date of this Agreement, and annually thereafter until the Agreement terminates, the City will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the City’s accessible programs, services, and activities.

GRIEVANCE PROCEDURE

17. Within four months of the effective date of this Agreement, the City will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

18. The City will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the New York State Relay Service to make and receive calls and that its TTY’s are maintained in good working order through test calls every six months for the life of this Agreement.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

19. Within four months of the effective date of this Agreement, the City will adapt for its own use and implement the City of Binghamton Police Department’s Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] 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 D].

20. Within four 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, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

21. Within four months of the effective date of this Agreement, the City will ensure that each police station or substation and each detention facility is equipped with a working TTY (text telephone) to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls.

VOTING

22. The City recognizes that while most of its polling places are readily accessible to and usable by persons with mobility impairments, the Department’s compliance review revealed some inaccessible elements.

23. Most of the City polling places are owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these polling places by any person or entity, including the Department.

24. Within one month of the effective date of this Agreement, the City will request in writing that the Engine 4 Fire Station provide directional signage that complies with the requirements of the Standards §§ 4.1.2(7)(a), 4.30, to inform voters that additional accessible parking can be found at the rear of the fire station building. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The City will simultaneously send a courtesy copy of the request to the Department.

25. Within one month of the effective date of this Agreement, the City will request in writing that the Engine 3 Fire Station provide signs that comply with the requirements of the Standards §§ 4.1.2(5)(a), 4.6.4 to designate accessible parking spaces. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The City will simultaneously send a courtesy copy of the request to the Department.

26. Within one month of the effective date of this Agreement, the City will request in writing that the Engine 3 Fire Station provide an accessible path into the Fire Station that complies with the requirements of the Standards §§ 4.3.8, 4.5.2, and is free of abrupt changes. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The City will simultaneously send a courtesy copy of the request to the Department.

27. Within one month of the effective date of this Agreement, the City will request in writing that Theodore Roosevelt Elementary School provide signs that comply with the requirements of the Standards §§ 4.1.2(5)(a), 4.6.4 to designate accessible parking spaces. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The City will simultaneously send a courtesy copy of the request to the Department.

28. Within one month of the effective date of this Agreement, the City will request in writing that Thomas Jefferson Elementary School provide edge protection that complies with the requirements of the Standards §§ 4.8.1, 4.8.7 at the ramp used to access the school on voting days. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The City will simultaneously send a courtesy copy of the request to the Department.

29. Within one month of the effective date of this Agreement, the City will request in writing that the Ross Memorial Church provide signs that comply with the requirements of the Standards §§ 4.1.2(5)(a), 4.6.4 to designate accessible parking spaces. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The City will simultaneously send a courtesy copy of the request to the Department. The parties recognize that this facility may not be covered by the ADA.

30. Within 14 months of the effective date of this Agreement, the City will survey all facilities mentioned in paragraphs 24 - 29 to determine whether the actions requested by the City have been implemented. If not, for each polling place that still contains inaccessible parking, exterior route, entrance or interior route to the voting area, the City will identify within 18 months of the effective date of this Agreement an alternate location where these elements are accessible. That identification will utilize the survey instrument that appears as Attachment E to this Agreement. The City will then take immediate steps to change its polling place to the new location.

31. Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, and interior routes to the voting area, prior to each election, the City will identify and widely publicize to the public and to disability rights groups the most accessible polling place(s) for each precinct or voting district.

SIDEWALKS

32. 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.

33. Beginning no later than one month 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.

34. 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.

PHYSICAL CHANGES TO FACILITIES

35. The elements or features of the City’s facilities that do not comply with the Standards, including those listed in this section, 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.

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

37. 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 for the purpose of identifying those that have multiple entrances not all of which are accessible.

Newly Constructed Facilities: In order to ensure that the following spaces and elements in 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:

The City shall complete the following alterations to RECREATION PARK within 18 months of the effective date of this Agreement:

38. PARKING

a. The accessible parking spaces in the new parking lot and the lower parking lot do not have the correct signage. Provide signs at each space, using the International Symbol of Accessibility, located so that the signs cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a), 4.6.4, 4.30.7(1).

b. There are no “van-accessible” parking spaces. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide, with a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

39. PLAY AREAS

a. The play areas are lined with timber with no opening or access from the paved area. Provide and maintain an accessible path of travel, that is firm, stable, and slip resistant, to at least one accessible piece of playground equipment. §§ 4.1.2(2), 4.3.6, 4.5.1.

b. There is no accessible route from the accessible parking spaces to the picnic tables, and the tables are not accessible to persons who use wheelchairs. Provide at least one picnic table that has a top surface 28 to 34 inches above the ground, knee space at least 27 inches high by 30 inches wide by 19 inches deep, and that is situated in clear ground space adjacent to an accessible route from the accessible parking spaces. §§ 4.3, 4.3.2, 4.32.

Program Access in 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, are readily accessible to and usable by persons with mobility impairments, the City will take the following actions:

40. The Parties agree that 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.


The City shall complete the following alterations to the CITY HALL BUILDING within 18 months of the effective date of this Agreement, unless otherwise noted:

41. CITY CLERK OFFICE

a. The entrance door has knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(7)(a), 4.13.9.

b. The top of the service counter is 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, § 7.2(2); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs or by providing a clipboard).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify appropriate staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

42. POLICE RECORDS

a. The entrance door has knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(7)(a), 4.13.9.

b. The top of the service counter is 48 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, § 7.2(2); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs or by providing a clipboard).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify appropriate staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

43. POLICE AREA

a. The entrance door hardware requires tight grasping, pinching, or twisting of the wrist to operate. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.1.3(7)(a), 4.13.9.

b. The top of the service counter is 52 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, § 7.2(1); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs or by providing a clipboard).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify appropriate staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

c. There is no teletypewriter (“TTY”) provided at the booking desk. Provide a TTY so that a person who is deaf or hard of hearing can utilize the telephone at the booking desk. 28 C.F.R. Part 35 § 35.160 (b)(1).

d. The top of the booking counter is 44 1/2 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, § 7.2(1); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify appropriate staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

44. PUBLIC TELEPHONES

a. The coin release is 65 inches from the finished floor. Send documentation to the Department that demonstrates you have notified the telephone provider requiring them to provide a telephone so that the highest operable part (coin release) is within the reach ranges of a person who uses a wheelchair, no more than 54 inches above the ground or finished floor for a side reach or no higher than 48 inches for a forward reach. §§ 4.27.3, 4.2.5, 4.2.6.

45. COUNCIL CHAMBERS

a. There is no signage to direct a person with a disability to the accessible route to council chambers. Provide conspicuous directional signage that includes the international Symbol of Accessibility at all non-accessible entrances to council chambers indicating the location of the nearest accessible public access routes and entrances to council chambers. § 4.1.3(8)(d).

b. The council chambers has no assistive listening system available. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, adequate transmitters, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system, within 3 years of the effective date of this Agreement. §§ 4.1.3(19)(b), 4.30.7(4), 4.33.

c. There are no designated wheelchair locations in the spectator seating area. Designate wheelchair locations in the spectator seating area that are an integral part of the fixed seating plan, adjoin an accessible route, have an adjacent fixed companion seat, and that have lines of sight comparable to those for the general public in compliance with the Standards. §§ 4.1.3(19)(a), 4.3, 4.5, 4.33 & Fig.46.

46. COUNCIL CHAMBERS TOILET FACILITIES

a. There are no accessible toilet facilities within the council chambers. Provide conspicuous signage that includes the International Symbol of Accessibility which indicates the location of the nearest accessible men’s and women’s toilet rooms. §§ 4.3.2(2), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

47. ASSESSORS OFFICE

a. The top of the service counter is 43 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, § 7.2(1); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs or by providing a clipboard).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify appropriate staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

b. The main counter is 43 1/2 inches high. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs or by providing a clipboard). § 7.2(2).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify appropriate staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

c. There is no directional signage to the accessible desk. At each inaccessible service counter serving the same area, provide conspicuous signage that includes the International Symbol of Accessibility which indicates the location of the accessible desk. §§ 4.3.2(2), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

48. CRIMINAL AND TRAFFIC

a. The service counter is 48 inches from the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify appropriate staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

49. COURT ROOMS #1 and #2

a. The entry door has twist-type hardware. Provide hardware that is operable with one hand and does not require tight grasping, pinching or twisting of the wrists to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

b. The jury box is inaccessible because it has a 24 inch wide entrance and a step up to the seating area. Provide a jury box with an entrance that has a minimum clear opening of at least 32 inches, clear floor space, and has an accessible path to the seating area. §§ 4.2.4, 4.3.2(2), 4.13.5.

c. The witness stand is inaccessible because it has an inaccessible path to the seating area. Provide a witness stand with an accessible path to the seating area. § 4.3.2(2).

d. The judges bench is inaccessible because it has an inaccessible path to the seating area. Provide a judges bench with an accessible path to the seating area. § 4.3.2(2).

e. The path to the jury box has a 23 inch wide entrance. Provide an accessible route with a minimum clear width of 36 inches. § 4.3.3.

f. The attorney’s table has a 26 inch high apron and does not provide accessible knee clearance for a person using a wheelchair. Provide a knee clearance of at least 27 inches from the finished floor, 30 inches wide, 19 inches deep while keeping the top of the tables between 28 and 34 inches from the finished floor. §§ 4.32.3, 4.32.4.

50. OFFICE OF THE DISTRICT ATTORNEY

a. The service counter is 48 inches high. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs or by providing a clipboard). § 7.2(2).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify appropriate staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

51. CIVIL SERVICE OFFICE

a. The top of the service counter is 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, § 7.2(1); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs or by providing a clipboard).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify appropriate staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

52. PUBLIC TELEPHONE IN THE WALL

a. The coin release is 64 inches from the finished floor. Send documentation to the Department that demonstrates you have notified the telephone provider requiring them to provide a telephone so that the highest operable part (coin release) is within the reach ranges of a person who uses a wheelchair, no more than 54 inches above the ground or finished floor for a side reach or no higher than 48 inches for a forward reach. §§ 4.27.3, 4.2.5, 4.2.6.

53. DELIBERATION ROOM TOILET ROOMS

a. The entrance doors have twist type hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

b. The doors have a clear opening width of 25 inches. Provide a minimum clear opening width of at least 32 inches measured from the face of each door to the opposite door stop with the door open 90 degrees. §§ 4.1.3(7)(b), 4.13.5 & Fig.24.

c. The centerline of each toilet is located 15 1/2 inches from the side wall. Provide toilets so that the centerline in each is exactly 18 inches from the side wall. § 4.17.3 & Fig. 30(a).

d. The toilet flush value control is on the closed, or narrow, side of each toilet. Provide a flush valve control that is on the open, or wide side of each toilet, or install an automatic flush device for each toilet. § 4.16.5.

e. The height of the lavatory provides a clearance of 26 1/2 inches from the finished floor to the bottom of the apron and a knee clearance that is 7 inches deep. Provide a lavatory that has a clearance of at least 29 inches above the finished floor to the bottom of the apron and a knee clearance that is at least 8 inches deep and 27 inches above the finished floor. § 4.19.2 & Fig. 31.

f. The lavatory has twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. §§ 4.19.5, 4.27.4.

g. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes consistent with the Standards. § 4.19.4.

h. The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 59 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.

54. FIRE ADMINISTRATION

a. The entrance doors have twist type hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

b. The top of the service counter is 41 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, § 7.2(1); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs or by providing a clipboard).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify appropriate staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

55. The City shall complete the following alterations to the CITY HALL TOILET ROOMS, 2ND AND 5TH FLOORS:

a. The toilet room identification signs are not accessible. Within 18 months of the effective date of this Agreement, the City shall provide a sign at each location with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b. The door opening pressure is 10 to 15 pounds. Within three years of the effective date of this Agreement, the City shall provide appropriate door closers that the force required to open each door is no more than 5 pounds. § 4.13.11(2)(b).

c. There is only 30 inches of clear floor space between entrance doors at each toilet room, each of which is configured with two doors in a series creating a vestibule. Within 4 years of the effective date of this Agreement, the City shall provide at least 48 inches of clear floor space measured from the face of door to the opposite door stop with the door open 90 degrees within the vestibule. § 4.13.7 & Fig.24.

d. There is not at least one accessible toilet stall in each of these toilet rooms. Within 4 years of the effective date of this Agreement, the City shall provide, for each, a “standard” accessible toilet stall in each toilet room that is at least 60 inches wide and 59 inches deep (56 inches if toilet is wall mounted) 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. §§ 4.13, 4.16, 4.17 & Fig. 30(a), (c), (d), 4.22.4, 4.22.7, 4.26, 4.27.

e. The lavatory in each toilet room is inaccessible. Within 5 years of the effective date of this Agreement, the City shall provide each toilet room with a lavatory that has a counter/rim no higher than 34 inches from the finished floor, a clearance of at least 29 inches above the finished floor to the bottom of the apron and a knee clearance that is at least 8 inches deep and 27 inches above the finished floor. § 4.19.2 & Fig. 31.

f. The mirrors in each of the men’s rooms are not accessible for a person using a wheelchair. Within 18 months of the effective date of this Agreement, the City shall provide a mirror in each men’s room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. § 4.19.6.

g. The faucets in the one-piece lavatory unit require tight grasping, pinching, or twisting of the wrist to operate. Within six months of the effective date of this Agreement, the City shall submit a plan and timeline to the Department for approval regarding how and when to remove this barrier, which approval shall not be unreasonably withheld. The City shall implement the approved plan within the approved time-line. If the parties are initially unable to agree regarding how or when remove this barrier, they will work in good faith to come to a resolution. § 4.27.4.

56. CITY HALL PUBLIC WATER FOUNTAINS

a. The spout outlet height of the drinking fountains is 421/2 inches above the finished floor. Provide a fountain with a spout no more than 36 inches above the finished floor that is accessible to a person in a wheelchair and a fountain that is accessible to persons who have difficulty bending and stooping; or provide some other means to achieve the required accessibility for persons using wheelchairs and for persons who have difficulty bending or stooping. §§ 4.1.3(10)(a), 4.15.2.

57. CITY HALL PUBLIC TELEPHONES

a. Throughout the building, the coin release of the public telephones is 621/2 inches above the finished floor. Send documentation to the Department that demonstrates you have notified the telephone provider requiring them to provide at least one telephone on each floor so that the highest operable part (coin release) is within the reach ranges of a person who uses a wheelchair, no more than 54 inches above the ground or finished floor for a side reach or no higher than 48 inches for a forward reach. §§ 4.1.3(17)(c)(i), 4.27.3, 4.2.5, 4.2.6.

b. Throughout the building, the public pay phones do not provide a TTY (or text telephone). Provide at least one TTY at the payphone on either the 2nd or 5th floor. § 4.1.3(17)(c)(i).

The City shall complete the following alterations to RECREATION PARK within 18 months of the effective date of this Agreement, unless otherwise noted:

58. GAZEBO AREA (Historic: Program access standards apply.)

a. There is no accessible route onto the band area gazebo. Provide access to the carousel via the use of a permanent ramp, portable ramp, elevator, or platform lift in compliance with the Standards. Access shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances. §§ 4.3.1, 4.3.8, 4.8, 4.10, 4.11.

1. If a portable ramp is used, provide signage at the carousel that includes the International Symbol of Accessibility to notify the public of its availability and provide training to appropriate park staff that covers proper and safe operation of the ramp. § 4.1.3(8)(d).

59. CAROUSEL (Historic: Program access standards apply.)

a. The carousel is 12 inches from the ground and includes steps to access it. Provide access to the carousel via the use of a permanent ramp, portable ramp, elevator, or platform lift in compliance with the Standards. Access shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances. §§ 4.3.1, 4.3.8, 4.8, 4.10, 4.11.

1. If a portable ramp is used, provide signage at the carousel that includes the International Symbol of Accessibility to notify the public of its availability and provide training to appropriate park staff that covers proper and safe operation of the ramp. § 4.1.3(8)(d).

60. LITTLE LEAGUE FIELD

a. The concession stand’s service window is 38 inches high. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this Agreement, notify every member of concession staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

61. UNISEX TOILET ROOM

a. There is a 2 inch threshold at the entrance. Provide a threshold so that the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or provide a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door within 3 years of the effective date of this Agreement. As a matter of compromise, a portable accessible toilet may be used. §§ 4.1.3(7)(a), 4.13.8, 4.5.2, 4.8.

b. The centerline of the toilet is located 20 inches from the side wall. Ensure a toilet room so that the centerline of the toilet is exactly 18 inches from the side wall or grab bar reinforcement within 3 years of the effective date of this Agreement. As a matter of compromise, a portable accessible toilet may be used. §§ 4.17.3 & Fig. 30(a).

c. The toilet has no grab bars. Provide side and rear grab bars that comply with the Standards within 3 years of the effective date of this Agreement. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. As a matter of compromise, a portable accessible toilet may be used. §§ 4.17.6 & Fig. 30(a), (c), (d), 4.26.

d. Access to the paper towel dispenser is obstructed due to its mounting height and location. Provide a paper towel dispenser that is mounted at 48 inches above the floor for a front approach, or 54 inches above the floor for a side approach, and that has a clear floor space of 30 inches by 48 inches within 3 years of the effective date of this Agreement. As a matter of compromise, a portable accessible toilet may be used. §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6.

e. The paper towel dispenser has an inaccessible operating mechanism. Provide a paper towel dispenser that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist within 3 years of the effective date of this Agreement. As a matter of compromise, a portable accessible toilet may be used. § 4.27.4.

f. The entrance door has knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate within 3 years of the effective date of this Agreement. As a matter of compromise, a portable accessible toilet may be used. § 4.13.9.

62. TELEPHONE

a. The outdoor telephone is located on a 4 inch high concrete pad and is inaccessible for persons using a wheelchair. Provide an accessible route to, and a minimum of 30 inches by 48 inches clear floor space, at the telephone. §§ 4.3, 4.2, 4.1.

b. The coin release is 55 inches from the top of the concrete pad. Send documentation to the Department that demonstrates you have notified the telephone provider requiring them to provide a telephone so that the highest operable part (coin release) is within the reach ranges of a person who uses a wheelchair, no more than 54 inches above the ground or finished floor for a side reach or no higher than 48 inches for a forward reach. §§ 4.27.3, 4.2.5, 4.2.6.

Except as otherwise provided below, the City shall complete the following alterations to CHERI LINDSEY PARK within 18 months of the effective date of this Agreement:

63. PARKING

a. The parking spaces designated for persons with disabilities do not have accessible signage. Provide signs at each space with the International Symbol of Accessibility, located so that the signs cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a), 4.6.4, 4.30.7(1).

b. There are no “van-accessible” parking spaces. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

64. BASEBALL FIELD

a. There is no accessible route to the bleachers. Provide an accessible route from the accessible parking area to the bleachers that is at least 36 inches wide and is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch. §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

b. The concession stand is 39 inches high at the service window. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify every member of concession staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

65. PLAYGROUND

a. There is a 9 inch drop into the play area. Provide and maintain an accessible path of travel, that is firm, stable, and slip resistant, to at least one accessible piece of playground equipment. §§ 4.1.6(1)(b), 4.1.2(2), 4.3.8.

66. BMX BUILDING CONCESSION STAND

a. Concession window is 43 inches high. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 7.2(2).

1. If providing equivalent facilitation, then: (a) no later than thirty (30) days after the effective date of this agreement, notify every member of concession staff in writing of the City’s policy regarding service to individuals with disabilities and (b) clearly and directly explain the City’s procedures with regard to accessibility issues.

67. BMX BUILDING TOILET ROOMS, BOYS AND GIRLS

The City shall complete the following within 3 years of the effective date of this Agreement:

a. In each, the lavatory has twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. As a matter of compromise, a portable accessible toilet may be used. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

b. In each, the hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes consistent with the Standards. As a matter of compromise, a portable accessible toilet may be used. § 4.19.4.

c. In each, the mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 51 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. As a matter of compromise, a portable accessible toilet may be used. § 4.19.6.

d. In each, the door provides a clear opening width of 30 inches. Provide a minimum clear opening of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. As a matter of compromise, a portable accessible toilet may be used. § 4.13.5.

e. In each, no rear grab bar is provided. Provide a 36 inch grab bar that is mounted between 33 and 36 inches above the floor, and 6 inches from the near side wall. As a matter of compromise, a portable accessible toilet may be used. § 4.17.6.

f. Access to the toilet is obstructed due to its mounting height and location. Provide a toilet (water closet) that is mounted at 17 to 19 inches from the floor to the top of the toilet sear, and 18 inches from its centerline to the near side wall. As a matter of compromise, a portable accessible toilet may be used. §§ 4.16.3, 4.17.3, Fig. 30(a).

The City shall complete the following alterations to the ELY GOLF COURSE within 3 years of the effective date of this Agreement:

68. CLUBHOUSE

a. There are steps into the main entrance, making it inaccessible to persons using a wheelchair. Provide an alternative accessible route to the clubhouse or install a ramp or platform lift in compliance with the Standards. The accessible route should not require persons with mobility impairments to traverse unnecessary or extreme distances and shall, to the maximum extent feasible, coincide with the route for the general public. §§ 4.33.5, 4.3.8, 4.8, 4.11, 4.3.2.

b. There is no designated accessible parking. Provide signage and pavement markings to designate accessible parking, including a sign designating at least one space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.3 & Fig. 9, 4.6.4.

69. LADIES’ LOCKER ROOM

a. The spout outlet height of the drinking fountain is 39 inches above the finished floor. Provide a fountain with a spout no more than 36 inches above the finished floor that is accessible to a person in a wheelchair and a fountain that is accessible to persons who have difficulty bending and stooping; or provide some other means to achieve the required accessibility for persons using wheelchairs and for persons who have difficulty bending or stooping. §§ 4.1.3(10)(a), 4.15.2.

b. There is no accessible toilet or lavatory. The entry door to the toilet room provides a clear opening width of only 29 inches. The height of the lavatory provides a clearance of 27 inches from the finished floor to the bottom of the apron and a knee clearance that is 7 inches deep and 23 inches from the finished floor. The lavatory has twist-type faucets. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Access to the required clear floor space at the paper towel dispenser is obstructed by a trash receptacle. As a matter of compromise, provide a fully accessible portable toilet and hand-washing facility such that all elements of the facility comply with the Standards. §§ 4.13.5; 4.19.2 & Fig. 31; 4.19.5, 4.27.4; 4.2.4.1.

c. The shower room has a 5 1/2 inch curb at the entrance. Provide a shower stall with a curb is no higher than 1/2 inch and beveled no greater than 1:2, that is 36 inches wide by 36 inches deep with clear floor space outside the shower extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor and between the centerline and the outer edge of the shower on the wall opposite the seat wall, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor OR render all showers in this room permanently inoperable to all persons. §§ 4.23.8, 4.21, 4.23.8, Fig. 35(a), Fig. 37(a).

70. MEN’S LOCKER ROOM

a. The spout outlet height of the drinking fountain is 36 1/2 inches above the finished floor. Provide a fountain with a spout no more than 36 inches above the finished floor that is accessible to a person in a wheelchair and a fountain that is accessible to persons who have difficulty bending and stooping; or provide some other means to achieve the required accessibility for persons using wheelchairs and for persons who have difficulty bending or stooping. §§ 4.1.3(10)(a), 4.15.2.

b. None of the toilet stalls have any accessible features. The lavatory provides a knee clearance that is 6 1/2 inches deep. The lavatory has twist-type faucets. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. The highest operable part of the paper towel dispenser is 55 inches above the finished floor. The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 50 inches above the finished floor. As a matter of compromise, provide a fully accessible portable toilet and hand-washing facility such that all elements of the facility comply with the Standards. §§ 4.13.5; 4.19.2 & Fig. 31; 4.19.5, 4.27.4; 4.2.4.1.

c. The showers are inaccessible. Provide a shower stall with a curb is no higher than 1/2 inch and beveled no greater than 1:2, that is 36 inches wide by 36 inches deep with clear floor space outside the shower extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor and between the centerline and the outer edge of the shower on the wall opposite the seat wall, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor OR render all showers in this room permanently inoperable to all persons. §§ 4.23.8, 4.21, 4.23.8, Fig. 35(a), Fig. 37(a).

71. RESTAURANT

a. The restaurant is entirely inaccessible to a person who uses a wheelchair or who has a mobility impairment because it is on the second floor. Provide access to the restaurant via the use of a ramp or platform lift in compliance with the Standards; or provide equivalent facilitation (e.g., by offering restaurant services at an accessible location for individuals who use wheelchairs). Any procedure shall not require lifting or carrying persons with mobility impairments or require individuals to traverse unnecessary or extreme distances. §§ 4.33.5, 4.3.8, 4.8, 4.11.

72. PRO SHOP

a. There is a 5 1/2 inch step at the public entrance to the pro shop making it inaccessible to persons using a wheelchair. Provide access to the pro shop via the use of a ramp or platform lift in compliance with the Standards. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances. §§ 4.33.5, 4.3.8, 4.8, 4.11.

b. The top of the service counter is 37 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, § 7.2(1); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs).

The City shall complete the following alterations to MACARTHUR PARK within one year of the effective date of this Agreement:

73. CONCESSION STAND AREA

a. The required drinking fountain configuration is not provided. Provide a drinking fountain which is accessible to those who have difficulty bending or stooping; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). § 4.1.3(10)(a).

b. Access to the drinking fountain is obstructed due to its location on a raised concrete platform. Provide access to a clear floor space of 30 inches by 48 inches at the drinking fountain; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). §§ 4.2.4.1, 4.3.2(2).

74. PARKING

a. The two parking spaces designated for persons with disabilities do not have accessible signage. Provide signs at each space with the International Symbol of Accessibility, located so that the signs cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a), 4.6.4, 4.30.7(1).

75. BASEBALL FIELD PARKING

a. The four parking spaces designated for persons with disabilities do not have accessible signage. Provide signs at each space with the International Symbol of Accessibility, located so that the signs cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a), 4.6.4, 4.30.7(1).

76. PUBLIC TELEPHONE

a. There is no accessible route to the telephone. Provide an accessible route up to the telephone that is at least 36 inches wide and is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch. §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

77. PLAYGROUND

a. There is no designated accessible parking near the playground. Provide designated accessible parking with the proper signage, including a sign designating at least one space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space and served by a designated access aisle at least 96 inches wide. §§ 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

b. There is no accessible path to the benches. Provide an accessible route from the accessible parking area to the benches in the playground area that is at least 36 inches wide and is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch. §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

c. There are no accessible routes to the playground area. Provide and maintain an accessible path of travel, that is firm, stable, and slip resistant, to at least one accessible piece of playground equipment. §§ 4.1.6(1)(b), 4.1.2(2), 4.3.6, 4.3.8, 4.5.1

The City shall complete the following alterations to BOOTH FIELD within one year of the effective date of this Agreement:

78. BASEBALL FIELD

a. There is no accessible route to the bleachers. Provide an accessible route from the accessible parking area to the bleachers at the baseball field that is at least 36 inches wide and is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch. §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

79. BASKETBALL COURT

a. There is no accessible route to basketball court. Provide an accessible route from the accessible parking area to the basketball court that is at least 36 inches wide and is stable, firm, and slip-resistant and without abrupt changes in level greater than 1/4 inch; or provide equivalent facilitation (e.g., by offering those services at a nearby accessible location for individuals who use wheelchairs). §§ 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

80. ALL VISITED PARKS

a. In toilet rooms throughout the parks, the lavatories are supported on wooden legs. These wooden legs obstruct the required knee clearance for a person using a wheelchair. Provide lavatories that have a clearance of at least 29 inches above the finished floor to the bottom of the apron and a knee clearance that is at least 8 inches deep and 27 inches above the finished floor; or provide equivalent facilitation (e.g., by providing another source of hand sanitizing or by offering those services at a nearby accessible location for individuals who use wheelchairs). § 4.19.2 & Fig. 31.

Within one month of the effective date of this Agreement, the City will request in writing that BINGHAMTON HIGH SCHOOL take the following actions within one year of the effective date of this Agreement. The City will simultaneously send a courtesy copy of the request to the Department. Within 14 months of the effective date of this Agreement, the City will survey the High School to determine whether the actions requested by the City have been implemented. If not, the City will identify within 18 months of the effective date of this Agreement an alternate location for City programs. The City will then take immediate steps to change its polling place to the new location.

81. PARKING

a. The designated accessible parking spaces do not have accessible signage. Provide signs at each space, with the International Symbol of Accessibility, located so that the signs cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a), 4.6.4, 4.30.7(1).

b. There are no “van-accessible” parking spaces. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide with a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

c. The access aisle is obstructed at the sidewalk. Provide and maintain an accessible path of travel, that is firm, stable, and slip resistant. §§ 4.1.2(2), 4.3.8.

PROGRAM MODIFICATIONS

82. BMX CONCESSION STAND RAMP

a. The ramp is inaccessible because the slope has a ratio of 1:6. Provide a ramp so that the slope has a ratio that is not greater than 1:20, or, within one year of the effective date of this Agreement, the City will implement and report to the Department its written plan regarding how the program and service will be made accessible to persons with disabilities. § 4.8.2.

b. The ramp is inaccessible because the cross slope has a ratio of 1:13. Provide a ramp so that the cross slope has a ratio that is not greater than 1:50 or, within one year of the effective date of this Agreement, the City will implement and report to the Department its written plan regarding how the program and service will be made accessible to persons with disabilities. § 4.8.6.

c. The ramp is inaccessible because the handrails do not extend at least 12 inches beyond the top and bottom of the ramp, parallel with the ground at the bottom and with the planking at the top. Provide the required handrails, mounted between 34 and 38 inches above the ramp surfaces, and meet all other requirements, or, within one year of the effective date of this Agreement, the City will implement and report to the Department its written plan regarding how the program and service will be made accessible to persons with disabilities. § 4.8.5.

d. The ramp is inaccessible because there is no edge protection. Provide curbs, walls, railings or projecting surfaces that prevent people from slipping off the ramp, or, within one year of the effective date of this Agreement, the City will implement and report to the Department its written plan regarding how the program and service will be made accessible to persons with disabilities. § 4.8.7.

83. SWIMMING POOLS

a. None of the City's current pool facilities has fully-accessible amenities such as toilet and shower rooms, drinking fountains, paths of travel to the pool decks, etc. Each of these facilities was constructed prior to 1992 and has not been altered since. To meet its program access responsibilities under title II, within 3 years of the effective date of this Agreement, the City will designate one or more pool facilities as the facility at which its accessible programs will be provided and will bring that facility and its amenities into compliance with the ADA Standards for Accessible Design, or will offer all programs offered at its pool facilities using alternate methods to ensure that those programs, when viewed in their entirety, are fully accessible to persons with disabilities. Whatever methods are chosen to provide program access will be widely communicated to the public, including specific outreach to disability groups. Within one year of the effective date of this Agreement, the City will submit to the Department for approval a proposal for satisfying this paragraph (including its communications and outreach provisions), which approval shall not be unreasonably withheld. If the City alters (other than to improve accessibility for persons with disabilities) any primary function area associated with the pool facilities or their amenities during the life of this Agreement, those alterations and the path of travel to the altered areas will also comply with the ADA Standards for Accessible Design.

84. SENIOR CITIZENS CENTER

a. None of the City's current senior center facilities has fully-accessible amenities such as toilet, drinking fountains, activity rooms, paths of travel, etc. Each of these facilities was constructed prior to 1992 and has not been altered since. To meet its program access responsibilities under title II, within 3 years of the effective date of this Agreement, the City will designate one or more senior center facilities as the facility at which its accessible programs will be provided and will bring that facility and its amenities into compliance with the ADA Standards for Accessible Design, or will offer all programs offered at its senior center facilities using alternate methods to ensure that those programs, when viewed in their entirety, are fully accessible to persons with disabilities. Whatever methods are chosen to provide program access will be widely communicated to the public, including specific outreach to disability groups. Within one year of the effective date of this Agreement, the City will submit to the Department for approval a proposal for satisfying this paragraph (including its communications and outreach provisions), which approval shall not be unreasonably withheld. If the City alters (other than to improve accessibility for persons with disabilities) any primary function area associated with the senior center facilities or their amenities during the life of this Agreement, those alterations and the path of travel to the altered areas will also comply with the ADA Standards for Accessible Design.

85. The City’s toilet rooms in City Hall that are designated for prisoners are not accessible to persons with disabilities. As of the effective date of this Agreement, the City will modify their standard procedure from escorting prisoners to these toilet rooms to escorting prisoners with disabilities to accessible toilet rooms on the 2nd or 5th floor.

86. Except as otherwise specified in this Agreement, at three, six, nine, and 12 months after the effective date of this Agreement, and annually thereafter until the termination or expiration of the Agreement, 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 newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

87. 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).

88. Within 120 days 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 procedures for interacting with 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.

89. 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 shall 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

90. 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 shall not be unreasonably withheld or delayed.

91. 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.

92. 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.

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

94. This Agreement is 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.

95. 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), shall 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.

96. This Agreement will remain in effect for four (6) years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.

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

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







For the City of Binghamton: For the United States:








By:_________________________________
RICHARD A. BUCCI, Mayor




By:__________________________________
DAVID W. WATKINS, ADA Coordinator




By:__________________________________
Approved as to form
GREGORY J. POLAND, Corporation Counsel




Date:_______10/3/03___________________



R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division

By:_________________________________
JOHN L. WODATCH, Chief
MARY LOU MOBLEY, Acting Deputy Chief
ELIZABETH BACON, Supervisory Attorney
SUSAN GEIPE QUINN, Investigator
MICHELE ANTONIO MALLOZZI, Architect
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disabilty Rights Section-NYA
Washington , DC 20530








Date:______2/27/04__________________



ATTACHMENT A

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT



In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Binghamton will not discriminate against qualified individuals with disabilities on the basis of disability in the City's/ services, programs, or activities.

Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).

Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the office of Dave Watkins at 772-7008 as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to Dave Watkins at 772-7008.

The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

ATTACHMENT B

CITY OF BINGHAMTON

Grievance Procedure under
The Americans with Disabilities Act



This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City. The City’s Personnel Policy governs employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Mr. Dave Watkins
City Hall
772-7008

Within 15 calendar days after receipt of the complaint, Mr. Watkins or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Mr. Watkins or his designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint.

If the response by Mr. Watkins or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of within 15 calendar days after receipt of the response to Corporation Counsel, Gregory Poland.

Within 15 calendar days after receipt of the appeal, Mr. Poland or his designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the Corporation Counsel or his designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by Dave Watkins or his designee, appeals to Gregory Poland or his designee, and responses from these two offices will be retained by the City for at least three years.

 

ATTACHMENT C

Binghamton City Police

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 are 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 are 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.

  • 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

– 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

ATTACHMENT D



Justice Department seal

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 of 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:

___________________________________________________

___________________________________________________

___________________________________________________

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VOTING ACCESSIBILITY SURVEY

Citations are to ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A.

Name and address of polling location:___________________________________________________________________

Name, title, and phone number of individual conducting survey: _______________________________________________

ITEM

TECHNICAL REQUIREMENTS

MODIFICATIONS NEEDED
Parking 1 per 25 spaces is accessible, up to 100 spaces; 1 per 50 to 101-200 spaces. 1 in 8 accessible spaces, but not less than 1, must be van accessible. 4.1.2(5)(a)
Reserved sign vertical so not obscured by parked vehicles, using Int’l Symbol Accessibility. If van space, add “van-accessible” sign 4.6.4
Width of vehicle space at least 96". 4.6.3
Car access aisles at least 60" 4.1.2(5)(a); van access aisle at least 96". 4.1.2(5)(b).
Surface of aisle stable, firm, slip resistant. 4.6.3, 4.3.6, 4.5.1
Slope of space and access aisle no more than 1.50 in all directions (no built-up curb ramp intrusion). 4.6.3
On shortest accessible route of travel to accessible entrance. 4.6.2
Aisle is part of accessible route to entrance. 4.6.3, 4.3
Curb Ramps Slope no more than 1:12. 4.7.2
Width at least 36", not including flared sides. 4.7.3
Accessible Exterior Route At least 36" wide. 4.3.3
Cross slope no more than 1:50. 4.3.7
Route free of stairs, curbs without ramps, abrupt changes of level greater than 1/4". 4.3.8, 4.5.2
Slope no more than 1:20 4.3.7 or complies with requirements of ramps. 4.8.1
Accessible route surfaces stable, firm, slip resistant. 4.3.6, 4.5.1
Directional signs indicate accessible route and accessible entrance (when not all entrances are accessible), using Int’l Symbol Accessibility. 4.1.2(7), 4.1.3(8)(d), 4.30.7
Route free of objects (e.g., pay phones, trees) that have leading edges between 27"-80" and that project > 4" into route. 4.4.1
Exterior stairs built so that person who is blind/has low vision will not hit head (e.g., cane detectable barrier such as planter within 27 inches of ground). 4.4.2
Ramps Running slope no more than 1:12; rise for any run a maximum of 30". 4.8.2
Cross slope no more than 1:50. 4.8.6
Surface stable, firm, slip resistant. 4.8.6, 4.5
Clear width between handrails at least 36". 4.8.3
Level landing at top and bottom of ramp and each ramp run. 4.8.4
Landing at least as wide as ramp and at least 60" long. 4.8.4(1), (2)
Where ramp changes direction, landing of at least 60"W x 60"L. 4.8.4(3)
Edge protection if drop off (i.e., 2" curb, wall, railings, projecting surfaces). 4.8.7
Handrails if ramp over 6" high or over 72" in length. 4.8.5
Inside rail continuous if switchback ramp. 4.8.5(1)
Top of handrail between 34" - 38" above ramp surface. 4.8.5(5)
At least 12" handrail extensions, parallel to ground, beyond top and bottom of ramp segment. 4.8.5(2)
Handrail ends rounded or returned to wall/floor/post. 4.8.5(6)
Handrail diameter between 1-1/4" to 1-1/2 “ OR shape provides equivalent gripping surface (standard pipe this size). 4.8.5, 4.26.2
Clear space between handrail and mounting wall exactly 1 1/2“. 4.8.5(3)
Rails and fasteners structurally strong/sound. 4.8.5, 4.26.3
Accessible
Entry Doors		 Door or at least one side of double-leaf door must have minimum 32“ clear passage when door is open 90 degrees. 4.13.4, 4.13.5
Maneuvering space at door must comply with 4.13.6 and Figure 25 (illustration below).
Door hardware cannot require tight grasping, tight pinching, or twisting of the wrist. 4.13.9
Operating hardware mounted no more than 48" from floor. 4.13.9
Interior doors cannot require more than 5 lbs of force to open. 4.13.11(2)(b)
If two doors in series, clear floor space must be at least 48" between doors, plus width of any door swinging into the space. 4.13.7
Threshold no more than 3/4" for sliding doors, 1/2" for others, and beveled at 1:2 or less. 4.13.8
If door has closer, takes at least 3 seconds from open position of 70 degrees to move to 3 inches from latch (measured from leading edge of door) 4.13.10
Interior
Routes to Public Use Areas		 At least 36" wide. 4.3.3
Cross slope no more than 1:50. 4.3.7
Route free of stairs or abrupt changes of level greater than 1/4". 4.3.8, 4.5.2
Slope of hallway no more than 1:20 4.3.7 or complies with requirements of ramps. 4.8.1
Accessible route surfaces stable, firm, slip resistant. 4.3.6, 4.5.1 If carpeted, secure, trimmed, low pile with firm/no pad. 4.5.3
Route free of objects (e.g., fire extinguishers, wall-mounted lights, electrical meters, pay phones) that have leading edges between 27"-80" and that project > 4" into route. 4.4.1
Exterior stairs built so that person who is blind/has low vision will not hit head (e.g., cane detectable barrier such as a planter or other object placed within 27" of ground, wherever vertical clearance for pedestrian is 80" or less). 4.4.2
Voting Machine There is 30” x 48" clear space in front of machine, to accommodate the front or parallel approach of a person in wheelchair; space may overlap accessible route. 4.2.4 & Figure 4(b),(c) (illustration below)
For machines placed on tables/desks: knee space must be at least 27"H x 30"W x 19"D; table height no more than 28-34". 4.32.3, 4.32.4
For machines placed on tables/desks: The level reach cannot > 25" deep for a forward approach. If < 20", the height of controls can be 48". If level reach is 20-25" deep, height cannot exceed 44". 4.2.5 & Figure 5(b) (illustration below).
For machines placed on tables/desks: The level reach cannot > 24" deep for parallel approach. If < 24" but > 10", the height of controls must be between 15" and 46" above floor. If < 10", height of controls must be between 15" and 54" above floor. 4.2.6 & Figure 6(c) (illustration below).
ILLUSTRATIONS

Figure 25: Maneuvering Clearances at Doors

Fig. 25 Maneuvering Clearances at Doors

Figure 4(b),(c): Clear Floor Space for Persons in Wheelchairs to Approach Voting Machines

Fig. 4(b) Forward Approach | Fig. 4(c) Parallel Approach

Figures 5(a), 6(b): High and Low Reaches for Front and Parallel Approaches

Fig. 5a High Forward Reach Limit | Fig. 6b High and Low Side Reach Limits

Figures 5(b), 6(c): Reach Ranges over Obstructions

Fig. 5b Maximum High Forward Reach over an Obstruction | Fig. 6c Maximum Side Reach over Obstruction


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February 27, 2004