Attachment J – Altered Facilities

 

 

1.         Within 3 years of the effective date of the Agreement, the City will complete the following modifications to the Police Administration Building, located at 1710 1st Ave., Birmingham, Alabama:

 

a.         Exterior Entrance and Doors.  The exterior entrance door is inaccessible because there is a slope of 6.6% within the door's required maneuvering clearance.  Provide a door so that the floor or ground area within the required clearances is level and clear.  Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.6, Fig. 25.

 

b.         Signage.  The permanent room number signs lack raised and Braille characters.  Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door.  Standards §§ 4.1.2(7), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

c.         Alarms.  Although the facility contains an emergency alarm system, the alarm system is inaccessible because the 6th floor conference room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

 

d.         1st Floor Main Lobby Service Counter.  The service counter is inaccessible because it is mounted 41 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

e.         1st Floor Public Service Office.  The service counter is inaccessible because it is mounted 37 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.  Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

f.          6th Floor Chief Reception.  The service counter is inaccessible because it is mounted 44 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.  Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

g.         Museum Room 102.  The museum room door is inaccessible because the pressure required to open the door is more than 5 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

h.         Elevator

(1)       The elevator is inaccessible because the elevator door closes 3 seconds after re-opening in response to an obstruction.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(2)       The elevator is inaccessible because, although emergency communications are provided, they are not identified by raised symbols and lettering, the door to the emergency communications panel requires tight grasping, pinching, or twisting of the wrist and the emergency communications system does not operate without voice communication.  Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device.  If the system uses a handset, ensure that the length of the cord from the panel to the handset is at least 29 inches.  If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.14.

 

i.          Unisex Single User Toilet Room–Right of Public Service

(1)       The toilet room lacks accessible signage.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(3)       No accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(4)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(5)       The overall length of the rear grab bar is 31 inches, the far end of the rear grab bar is mounted 34 inches from the rear wall, and the rear grab bar is mounted 37 inches above the finished floor.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 30.

 

j.          Unisex Single User Toilet Room– Left of Public Service

(1)       The toilet room door lacks accessible signage.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(3)       No accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(4)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(5)       The overall length of the rear grab bar is 30 inches.  Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Fig. 30.

(6)       The far end of the side grab bar is mounted 34½ inches from the rear wall.  Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, Fig. 29(b).

 

k.         3rd Floor Women's Toilet Room with Stalls

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

(2)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(3)       The paper towel dispenser is inaccessible because the controls are mounted 55 inches above the finished floor.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       No accessible coat hook has been provided in the accessible stall.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

l.          3rd Floor Men's Toilet Room with Stalls

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

(2)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(3)       The paper towel dispenser is inaccessible because the controls are mounted 55½ inches above the finished floor.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The route to the urinal narrows to approximately 28 inches at the pilaster that supports the privacy screen.  Provide an accessible route to the urinal with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3.3, 4.13.5.

 

m.        1st Floor Women's Toilet Room with Stalls

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

(2)       The toilet room door lacks adequate space on the latch side of the door on the pull side, due to a piece of removable furniture.  On the pull side of the door, provide and maintain a path of travel at least 48 inches wide for a side approach and at least 24 inches of clear maneuvering space adjacent to the latch side of the door.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(c).

(3)       The paper towel dispenser is inaccessible because the controls are mounted 56 inches above the finished floor.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The toilet centerline in the accessible stall is 20 inches from the side wall.  Provide a toilet with a centerline that measures 18 inches from the near side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30.

(5)       The far end of the side grab bar is mounted 50 inches from the rear wall.  Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, 4.26.2, Figs. 30(a), (d).

 

n.         1st Floor Men's Toilet Room

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

(2)       The toilet seat cover dispenser is inaccessible because it is mounted 56 inches above the finished floor.  Provide a toilet seat cover dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

(3)       The toilet centerline in the accessible stall is 20½ inches from the side wall.  Provide a toilet with a centerline that measures 18 inches from the near side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30.

(4)       The far end of the side grab bar is mounted 50 inches from the rear wall.  Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, 4.26.2, Figs. 30(a), (d).

 

o.         6th Floor Women's Toilet Room with Stalls

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

(2)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(3)       The paper towel dispenser is inaccessible because the controls are mounted 56 inches above the finished floor.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The overall length of the rear grab bar is 30 inches.  Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Fig. 30.

 

p.         6th Floor Men's Toilet Room with Stalls

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

(2)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(3)       The paper towel dispenser is inaccessible because the controls are mounted 56 inches above the finished floor.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       There is a counter that protrudes into the path of travel.  Provide an accessible route to the toilet room with required minimum width, passing space, head room, surface textures, slopes, and changes in level.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.1, 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8.

(5)       The overall length of the rear grab bar is 30 inches.  Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Fig. 30.

 

q.         5th Floor Women's Toilet Room

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

(2)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(3)       The overall length of the rear grab bar is 30 inches.  Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Fig. 30.

 

r.          5th Floor Men's Toilet Room

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

(2)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(3)       The paper towel dispenser is inaccessible because the controls are mounted 56 inches above the finished floor.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The overall length of the rear grab bar is 30 inches.  Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Fig. 30.

 

s.         High Public Service Fountain:  The hi-lo drinking fountain is inaccessible because the high fountain is not detectable to a blind person using a cane.  Provide a high drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

t.          Basement Fountain:  The low fountain was out of order at the time of the Department's onsite inspection.  Provide at least one drinking fountain on this floor with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge.  Standards §§ 4.1.3(10), 4.1.6(1)(b), 4.15, 4.27.4, Fig. 27.

 

 

2.         Within 1 year of the effective date of the Agreement, the City will complete the following modifications to the Museum of Art, located at 2000 8th Ave., Birmingham, Alabama:

 

a.         Parking.  The van accessible parking reserved for persons with disabilities lacks the appropriate signage.  At van accessible spaces, provide a "Van-Accessible" sign located below the International Symbol of Accessibility such that the sign cannot be obstructed by vehicles parked in the space.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.4, 4.30.7(1).

 

b.         Lobby Area.  There is no accessible telephone in the lobby area.  Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards.  Standards §§ 4.1.3(17), 4.1.6(1)(b), 4.31, 4.30.7(2).

 

c.         Department of Education and Public Programs

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

(2)       The office door lacks adequate space and depth on the latch side of the door on the pull side.  On the pull side of the door, provide a path of travel at least 48 inches wide for a side approach and at least 24 inches of clear maneuvering space adjacent to the latch side of the door.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(c).

(3)       The service counter is inaccessible because it is mounted 44 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

d.         1st Curatorial Drinking Fountain.  The drinking fountain controls require 7 pounds of force to operate.  Provide a drinking fountain with controls mounted on or near the front edge that are operable with one hand, that require 5 lbf or less to operate, and that can be operated without tight grasping, pinching, or twisting of the wrist.  Standards §§ 4.1.3(10), 4.1.6(1)(b), 4.15.4, 4.27.4.

 

e.         Lobby Area Men's Toilet Room with Stalls

(1)       The toilet room sign is mounted 62 inches above the finished floor.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       The toilet room door is inaccessible because the pressure required to open the door is 16 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

(3)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

 

f.          Lobby Area Women's Toilet Room with Stalls

(1)       The toilet room door is inaccessible because the pressure required to open the door is 15 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

(2)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(3)       The toilet paper dispenser in the designated accessible stall is mounted 16 inches above the finished floor.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

(4)       The toilet paper dispenser in the alternate stall is mounted 16 inches above the finished floor.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

g.         Curatorial Women's Toilet Room with Stalls

(1)       The toilet room sign is mounted on the door.  Provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2)       The toilet room door is inaccessible because the pressure required to open the door is 11 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

(3)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(4)       The toilet paper dispenser in the accessible stall is mounted 15 inches above the finished floor.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

h.         Curatorial Men's Toilet Room with Stalls

(1)       The toilet room sign is mounted on the door.  Provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2)       The toilet room door is inaccessible because the pressure required to open the door is 12 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

(3)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(4)       The urinal rim is mounted 20½  inches above the finished floor.  Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

(5)       The toilet paper dispenser in the accessible stall is mounted 15 inches above the finished floor.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

i.          Lobby Single User Toilet Room

(1)       The toilet room door lacks accessible signage.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       The toilet room door is inaccessible because the pressure required to open the door is 15 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

(3)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(4)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(5)       The toilet paper dispenser is mounted 16 inches above the finished floor.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

(6)       No accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

j.          West Lobby 2nd Floor Men's Toilet Room with Stalls

(1)       The toilet room signage is inaccessible.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(3)       The urinal lacks the required clear floor space.  Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

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

(5)       The toilet paper dispenser in the accessible stall is mounted 16 inches above the finished floor.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

k.         West Lobby 2nd Floor Women's Toilet Room with Stalls

(1)       The toilet room signage is inaccessible.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(3)       The toilet paper dispenser in the accessible stall is mounted 15 inches above the finished floor.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

l.          East Side 3rd Floor Women's Toilet Room with Stalls

(1)       The toilet room signage is inaccessible.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(3)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(4)       The toilet paper dispenser in the accessible stall is mounted 15 inches above the finished floor.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

m.        East Side 3rd Floor Men's Toilet Room with Stalls

(1)       The toilet room signage is inaccessible.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(3)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(4)       The toilet paper dispenser in the accessible stall is mounted 15 inches above the finished floor.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

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

 

o.         Library.  The counter is inaccessible because its top surface is 42 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

p.         Elevator (East side).  The elevator is inaccessible because no audible signal is provided as the car passes or stops at a floor served by the elevator.  Provide visual car position indicators above the car control panel or over the door to show the position of the elevator in the hoistway.  Ensure that indicators emit an audible and visual signal as the car passes or stops at a floor served by the elevator, with the corresponding floor designation being illuminated; and that numerals are a minimum of ½ inch high.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.13.

 

3.         Within 2 years of the effective date of the Agreement, the City will complete the following modifications to the  Birmingham Botanical Gardens, located at 3324 Lane Park Drive, Birmingham, Alabama:

 

a.         Education Building:

 

(1)       Visual Alarms Are Missing in Multiple Rooms:  Although audible alarms are provided, there are no visual alarms in the second floor conference/ board room; the second floor break room; the East Room; the Ireland Room; the men's and women's toilet rooms near the East Room; the men's and women's toilet rooms serving the Café de France; and other common use areas.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

 

(2)       Single-User Toilet Rooms Serving Café de France

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

(b)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

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

 

(3)       Women's 2nd Floor South Toilet Room with Stalls

(a)       No accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

(4)       Toilet Rooms with Stalls Near Plant Information Office

(a)       No accessible coat hook has been provided in both designated accessible stalls.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

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

(c)       The hot water pipes on the lavatory in each room are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

(d)       The flush control on the toilet in the women's toilet room is on the closed side.  Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

(e)       The toilet paper dispenser in the men's toilet room is mounted too far from the rear wall.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

(5)       Toilet Rooms with Stalls Near Hodges Room

(a)       In each, for the toilet stall designed for ambulatory people with disabilities, the door is not self-closing and the stall is too wide.  Provide at least one stall that is exactly 36 inches wide with an outward swinging, self-closing door and parallel grab bars complying with Fig 30(d).  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, Fig. 30(d). 

(b)       No accessible coat hook has been provided in both the men's and women's toilet rooms.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

(6)       Library.  The check-out area is inaccessible because the counter is mounted 44 inches above the finished floor.  Provide at least one accessible lane at each check out area such that the counter is on an accessible route at least 36 inches wide and it has a section at least 36 inches wide and no more than 36 inches above the finished floor.  Standards §§ 4.1.6(1)(b), 8.3, 7.2(1).

 

(7)       Linn-Henley Lecture Hall

(a)       The lecture hall lacks wheelchair seating areas.  Provide wheelchair seating areas as required by Standards § 4.1.3(19)(a), each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.1.6(1)(b), 4.5, 4.33.

(b)       The top run of the existing ramp from the spectator seating to the stage is too steep and there is insufficient maneuvering clearance at the level landing/ change of direction on the ramp.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

 

(8)       Exploration Room Single User Toilet Room

(a)       The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

(b)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

 

b.         Toilet Room Building Near Japanese Gardens

 

(1)       Men's and Women's Toilet Rooms with Stalls

(a)       In each toilet room there is no accessible signage.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(b)       In each toilet room the configuration of the entrance blocks people who use wheelchairs from entering because the path narrows to 35 inches where users must change direction.  Provide an accessible route to the toilet rooms with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3.3, 4.13.5.

(c)       In the women's toilet stall for persons who use wheelchairs, the toilet paper dispenser is mounted with its center 41 inches from the rear wall.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

(d)       In the women's toilet stall for persons who use wheelchairs, the stall door hardware requires too much pressure to operate.  Provide door hardware with mechanical controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs).  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.4.

(e)       No accessible coat hook has been provided in the men's toilet room.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

(2)       Drinking Fountain

(a)       The drinking fountain is mounted with its spout at 37 inches above the finished floor.  Provide a fountain that has a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet, and that otherwise complies with the Standards.  Standards §§ 4.1.3(10), 4.1.6(1)(b), 4.15, 4.27.4, Fig. 27.

(b)       The drinking fountain is a protruding object that is not cane-detectable, as the front extends 5 inches from the drain pipe and the bottom leading edge of the pan is 35 inches above the finished floor.  Provide a high drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

c.         Paths Throughout the Garden.  Many of the public paths throughout the garden are steeper than 1:12, are too narrow, contain steps, are made of materials that do not provide a firm, stable, and slip-resistant surface, or contain other barriers to access.  Survey all such paths for accessibility and submit to the Department for approval a plan to provide program access to all garden elements in existence before January of 1992 and to make fully accessible all paths constructed or altered after January 1992.  Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3, 4.5, 4.8.

 

d.         Japanese Garden

 

(1)       Cultural Pavilion (new construction).  The Cultural Pavilion has a floor approximately 36 inches above the surrounding terrain in front and is only reachable by steps.  Provide at least one accessible route into the Pavilion that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

 

(2)       Tea House.  The tea house is occasionally open for the public for formal tea ceremonies.  It is based on a 15th century model and is not designed to be accessible to persons with disabilities.  Provide fully accessible facilities for people with disabilities.  Standards §§ 4.1.6(1)(b), 4.3, 4.5, 5.1, 4.13, 4.16, 4.17, 4.18, 4.19, 4.26, 4.27, 4.30.

 

4.         Within 3 years of the effective date of the Agreement, the City will complete the following modifications to the Southern Museum of Flight, located at 7300 43rd Avenue, North, Birmingham, Alabama:

 

a.         West Parking Lot

(1)       Although two of the 22 spaces are designated for persons with disabilities, no space is served by a 96-inch wide access aisle or designated as "van accessible."  On the shortest accessible route to the accessible entrance, provide 1 van accessible space a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

(2)       The route from the parking lot to the sidewalk is inaccessible because the slope of the curb cut is 9.2%.  Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp.  If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.7, Fig. 12.

 

b.         West Entrance

(1)       There is no level landing at the entrance and the doors have no automatic opening device.  Provide a door so that the floor or ground area within the required clearances is level and clear.  Standards §§ 4.1.3(8), 4.1.6(1)(b), 4.13.6, Fig. 25.

(2)       The route from the west entrance to the sidewalk is inaccessible because the slope of the curb ramp is 10.8% and the slope of its flared side is 10.4%, and at the bottom of the flared side there is a sharp drop off that is not beveled.  Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp.  If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.7, Fig. 12.

 

c.         East Parking Lot.  Although two of the 23 spaces are designed for persons with disabilities, there are no vertical signs designating them as reserved for persons with disabilities or indicating that either is van-accessible.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.4, 4.30.7(1).

 

d.         East Entrance

(1)       There is no level landing at the entrance and the doors have no automatic opening device.  Provide a door so that the floor or ground area within the required clearances is level and clear.  Standards §§ 4.1.3(8), 4.1.6(1)(b), 4.13.6, Fig. 25.

(2)       The route from the west entrance to the sidewalk is inaccessible because the slope of the curb ramp is 9.6% and the slope of its flared side is 11.8%, and at the bottom of the flared side there is a sharp drop off that is not beveled.  Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp.  If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.7, Fig. 12.

 

e.         South Parking Lot.  Although the parking lot has a total of 54 parking spaces, there are no accessible spaces provided.  If the parking lot is not destroyed, on the shortest accessible route to the accessible entrance, provide 1 van accessible space and 2 standard spaces designated as reserved for people with disabilities.  Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

 

f.          Central Reception Area.  The counter is inaccessible because it is mounted 48 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.7.2(2), 4.1.3(1), 4.3.

 

g.         South Hangar

 

(1)       The door between the central reception area and the south hangar is inaccessible because the pressure required to open the door is more than 5 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

(2)       The door between the central reception area and the room that will be the future south hangar gift shop is inaccessible because the pressure required to open the door is 9 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

 

(3)       Drinking Fountain: Due to the placement of displays, no side approach is possible to the drinking fountain for persons who use wheelchairs; the fountain is configured such that a forward approach is not possible.  Provide a drinking fountain with a clear floor space of at least 30 inches by 48 inches that allows a person in a wheelchair to make a parallel approach to the unit.  Standards §§ 4.1.3(10), 4.1.6(1)(b), 4.15.5(2), 4.2.4, Figs. 27(c), (d).

 

(4)       Men's Toilet Room with Stalls

(a)       There is no accessible toilet room signage.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(c)       Due to the configuration of the walls when the route changes directions, there is no accessible route into the room.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

(d)       The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

(e)       Although there are 2 toilet stalls, none of them are designed to be accessible to persons with disabilities.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

(5)       Women's Toilet Room with Stalls

(a)       There is no accessible toilet room signage.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(c)       There is only 16 inches of maneuvering space on the pull/ latch side of the door, which requires a front approach.  On the pull side of the door, provide a path of travel at least 48 inches wide for a side approach and at least 24 inches of clear maneuvering space adjacent to the latch side of the door.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(c).

(d)       Due to the configuration of the walls when the route changes directions, there is no accessible route into the room.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

(e)       The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

(f)        Although there are 3 toilet stalls, none of them are designed to be accessible to persons with disabilities.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

(6)       Unisex Single-User Toilet Room

(a)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(b)       The lavatory protrudes into the main walkway and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

(c)       The toilet centerline is 17 inches from the side wall.  Provide a toilet with a centerline that measures 18 inches from the near side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30.

(d)       The toilet partition hardware requires tight grasping to operate.  Provide hardware with mechanical controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs).  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.4.

(e)       The rear grab bar is 30 inches in overall length and the farthest end of the grab bar is 35 inches from the side wall.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, 4.26.2, Fig. 30.

 

h.         North Hangar

 

(1)       The door between the central reception area and the north hangar is inaccessible because the pressure required to open the door is more than 5 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7), 4.1.6(1)(b), 4.13.11(2)(b).

 

(2)       First Floor Men's Toilet Room with Stalls

(a)       The signage is inaccessible.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(b)       The pressure required to open the toilet room door is  more than 5 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.13.11(2)(b).

(c)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(d)       The lavatory's hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

(e)       The lavatory is inaccessible because the faucet has twist style hardware that requires tight grasping or pinching of the wrist to operate.  Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs).  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.5, 4.27.4.

(f)        The route to the urinal is less that 36 inches wide for a depth of more than 24 inches.  Provide an accessible route to the urinal with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches for no more than 24 inches of depth.  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3.3, 4.13.5.

(g)       Although one of the toilet stalls is designed for ambulatory persons with disabilities, there is no stall for persons who use wheelchairs. Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

(3)       First Floor Women's Toilet Room with Stalls

(a)       The signage is inaccessible.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(c)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(d)       The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

(e)       The lavatory is inaccessible because the faucet has twist style hardware that require tight grasping or pinching of the wrist to operate.  Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs).  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.5, 4.27.4.

(f)        The lavatory protrudes into the main walkway and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

(g)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(h)       Although one of the three toilet stalls is designed for ambulatory persons with disabilities, there is no stall for persons who use wheelchairs.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

(4)       Gift Shop.  The route to the gift shop is inaccessible because it is only 21 inches wide.  Provide an accessible route to the gift shop with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3.3, 4.13.5.

 

(5)       Theater.  Although the facility contains an emergency alarm system, the alarm system is inaccessible because the theater lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

 

(6)       Library

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

(b)       The book stacks are inaccessible in one portion of the library because the space between stacks is only 28 inches.  Provide at least 36 inches of clear width between all stacks and provide a clear width of 42 inches between stacks where possible.  Standards §§ 4.1.6(1)(b), 8.5, Fig. 56.

 

(7)       Heritage Gallery (Outside of Library).  The continually-playing video program is not captioned and there is no transcript for persons who are deaf or hard of hearing.  Provide this program in a format that is accessible to people with hearing impairments.  28 C.F.R. § 35.160.

 

(8)       Elevator

(a)       The elevator is inaccessible because the audible signals beep continuously, instead of once for up and twice for down.  Provide visual car position indicators above the car control panel or over the door to show the position of the elevator in the hoistway.  Ensure that indicators emit an audible and visual signal as the car passes or stops at a floor served by the elevator, with the corresponding floor designation being illuminated; and that numerals are a minimum of ½ inch high.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.13.

(b)       The elevator is inaccessible because after re-opening in response to an obstruction, the doors stay open for only 3 seconds.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(c)       The elevator is inaccessible because the emergency controls are 28 inches above the elevator floor.  Provide emergency controls, including the emergency alarm and emergency stop, grouped at the bottom of the panel with their centerlines no less than 35 inches above the finished floor.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.12, Fig. 23.

 

(9)       Drinking Fountains

(a)       1st Floor, Near Gift Shop:  Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping.  Provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.1.3(10)(a), 4.1.6(1)(b).

(b)       2nd Floor, Near Heritage Gallery: Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping.  Provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.1.3(10)(a), 4.1.6(1)(b).

 

5.         Within 2 years of the effective date of this Agreement, the City will complete the following modifications to the W. C. Patton Park (Shields School), located at 10th Avenue North and Tallapoosa Street, Birmingham, Alabama:

 

a.         Parking

(1)       The parking reserved for persons with disabilities lacks appropriate signage at all 6 spaces reserved for persons with disabilities.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.4, 4.30.7(1).

(2)       The built-up curb ramp impermissibly extends into the accessible parking space's access aisle.  Provide a curb ramp located so that it does not project into the access aisle and all aspects of the ramp or curb cut comply with the Standards.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.7.6.

(3)       The parking reserved for persons with disabilities is inaccessible because the slope of the spaces measures 3.5%, 2.5%, 8.5%, and 5.4% and the cross slope measures 5.6% at the parking area.  Provide designated accessible parking spaces and access aisles that are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, with surfaces that are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.3.6, 4.5.1, 4.6.3.

 

b.         Signage.  All permanent room number signs lack raised and Braille characters, are not mounted at 60 inches high and are not mounted on walls on latch sides of doors.  Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door.  Standards §§ 4.1.2(7), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

c.         The drinking fountain in the lobby is inaccessible because the knee space is 8 inches deep.  Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward.  Standards §§ 4.1.3(10), 4.1.6(1)(b), 4.15.5(1), Figs. 27(a), (b).

 

d.         Single-User Toilet Room

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

(2)       The soap dispenser is inaccessible because the controls are mounted 49 inches above the finished floor.  Provide a soap dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(3)       The paper towel dispenser is inaccessible because the controls are mounted 58 inches above the finished floor.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The toilet is inaccessible because its centerline is 21 inches from the side wall.  Provide a toilet with a centerline that measures 18 inches from the near side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30.

(5)       The rear grab bar is 30 inches in overall length.  Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Fig. 30.

 

e.         Multipurpose Room

(1)       Ramp A–Entrance down to floor.  The ramp is inaccessible because the cross slope measures 2.3% and the handrail extensions at the top of the ramp are 9½ inches long.  Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides.  Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.

(2)       Ramp B–(Sound Booth).  The ramp is inaccessible because the slope is 9.3%.  Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides.  Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.

 

f.          Lobby Men's Toilet Rooms with Stalls

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

(2)       The paper towel dispenser is inaccessible because the controls are mounted 58½ inches above the finished floor.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(3)       The lavatory is inaccessible because the bottom edge of the apron is mounted 27 inches above the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2, Fig. 31.

(4)       The urinal rim height is 19 inches above the finished floor (Men's) and the urinal clear floor space is centered on 26 inches.  Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

(5)       There is no accessible stall provided.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

g.         Lobby Women's Toilet Rooms with Stalls

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

(2)       The paper towel dispenser is inaccessible because the controls are mounted 58½ inches above the finished floor.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(3)       The sanitary napkin dispenser is inaccessible because the controls are mounted 51 inches above the finished floor.  Provide a sanitary napkin dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The lavatory is inaccessible because the bottom edge of the apron is mounted 29½ inches above the finished floor.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2, Fig. 31.

(5)       There is no accessible stall provided.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

6.         Within 1 year of the effective date of this Agreement, the City will complete the following modifications to the Hooper City Recreation Center, located at 2501 Sayreton Rd., Birmingham, Alabama:

 

a.         Parking.  Although the parking lot has a total of 29 parking spaces, there are no van accessible spaces provided.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 1 standard space designated as reserved for people with disabilities.  Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

 

b.         Accessible Route

(1)       The route to the play area level is inaccessible because it is not firm, stable, and slip resistant.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

(2)       The curb cut is excessive and the flared sides interfere with pedestrian traffic.  Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp.  If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.7, Fig. 12.

 

c.         Play Equipment.  None of the play equipment is usable by children with disabilities.  Ensure program access by providing at least one piece of play equipment that is on an accessible route and has a transfer platform to enable children who use wheelchairs to use it.

 

d.         Outside Concession Stand.  The retail counter is inaccessible because it is mounted 41½ inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(1), 4.1.3(1), 4.3.

 

e.         Picnic Tables.  There are no accessible picnic tables provided.  Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground.  Standards §§ 4.1.3(18), 4.1.6(1)(b), 4.32.3, 4.32.4.

 

f.          Interior Drinking Fountain.  The drinking fountain controls require 6 pounds of force to operate.  Provide a drinking fountain with controls mounted on or near the front edge that are operable with one hand, that require 5 lbf or less to operate, and that can be operated without tight grasping, pinching, or twisting of the wrist.  Standards §§ 4.1.3(10), 4.1.6(1)(b), 4.15.4, 4.27.4.

 

g.         Single User Men's Toilet Room

(1)       The toilet room door lacks accessible signage.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(3)       The toilet is inaccessible because the flush control is on the closed side.  Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.27.4.

(4)       No accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

h.         Single User Women's Toilet Rooms

(1)       The toilet room door lacks accessible signage.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(3)       The toilet is inaccessible because the flush control is on the closed side.  Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.27.4.

(4)       No accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

7.         Within 1 year of the effective date of this Agreement, the City will complete the following modifications to the Annex and Justice Center, located at 1730 8th Ave., Birmingham, Alabama:

 

a.         Parking.  Although the parking lot has a total of 107 parking spaces, no van accessible space is provided, the signage designating parking as reserved for persons with disabilities is too low, and the spaces slope from 2.1% to 5.5%. On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 4 standard spaces designated as reserved for people with disabilities.  Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

 

b.         Building Signage.  The permanent room signs lack raised and Braille characters, are not mounted 60 inches high, do not provide sufficient contrast, and are not mounted on the walls on the latch side of doors.  Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door.  Standards §§ 4.1.2(7), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

c.         Ramp

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

(2)       The ramp is inaccessible because handrails are not provided on both sides of the ramp.  Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.8.5.

 

d.         Courtroom A

(1)       The courtroom is inaccessible because the tables are 25½ inches high.  Provide accessible tables between 28 and 34 inches above the finished floor on an accessible route.  Standards §§ 4.1.6(1)(b), 5.1.

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

(3)       The courtroom lacks wheelchair seating areas.  Provide wheelchair seating areas as required by Standards § 4.1.3(19)(a), each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of admission prices and lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.1.6(1)(b), 4.5, 4.33.

(4)       The courtroom is inaccessible to people with hearing impairments because although there are 50 or more fixed seats, there is no assistive listening system.  Provide a permanently installed or portable assistive listening system serving the fixed seating.  Ensure that the seating served by the system is located within a 50 foot viewing distance of the stage or playing area and has a complete view of the stage or playing area.  Provide receivers equal in number to 4% of the total number of seats (or a minimum of 2) for use by the general public and signage indicating their availability.  28 C.F.R. 35.160; Standards §§ 4.1.3(19)(b), 4.1.6(1)(b), 4.30, 4.33.

 

e.         Courtroom B

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

(2)       The court room lacks wheelchair seating areas.  Provide wheelchair seating areas as required by Standards § 4.1.3(19)(a), each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of admission prices and lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.1.6(1)(b), 4.5, 4.33.

(3)       The courtroom is inaccessible to people with hearing impairments because although there are 50 or more fixed seats, there is no assistive listening system.  Provide a permanently installed or portable assistive listening system serving the fixed seating.  Ensure that the seating served by the system is located within a 50 foot viewing distance of the stage or playing area and has a complete view of the stage or playing area.  Provide receivers equal in number to 4% of the total number of seats (or a minimum of 2) for use by the general public and signage indicating their availability.  28 C.F.R. 35.160; Standards §§ 4.1.3(19)(b), 4.1.6(1)(b), 4.30, 4.33.

 

f.          Courtroom C

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

(2)       The court room lacks wheelchair seating areas.  Provide wheelchair seating areas as required by Standards § 4.1.3(19)(a), each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of admission prices and lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.1.6(1)(b), 4.5, 4.33.

(3)       The courtroom is inaccessible to people with hearing impairments because although there are 50 or more fixed seats, there is no assistive listening system.  Provide a permanently installed or portable assistive listening system serving the fixed seating.  Ensure that the seating served by the system is located within a 50 foot viewing distance of the stage or playing area and has a complete view of the stage or playing area.  Provide receivers equal in number to 4% of the total number of seats (or a minimum of 2) for use by the general public and signage indicating their availability.  28 C.F.R. 35.160; Standards §§ 4.1.3(19)(b), 4.1.6(1)(b), 4.30, 4.33.

 

g.         Offices and Counters

 

(1)       Records Office

(a)       The main information counter is inaccessible because it is mounted 42 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.  Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

(b)       The side shelf protrudes into the main walkway and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

(c)       The court date computer station counter is inaccessible because it is mounted 42 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.  Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

(2)       Traffic After Hours Drop Box.  The counter is inaccessible because it is mounted 46 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

(3)       Probation Counter

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

(b)       The counter is inaccessible because it is mounted 42½ inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

(4)       Traffic Tickets.  The counter is inaccessible because it is mounted 42½ inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.  Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

(5)       Traffic Counter.  The counter is inaccessible because it is mounted 42½ inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.  Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

 

h.         Women's Toilet Room with Stalls in Lobby

(1)       The toilet room sign is inaccessible.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(3)       The seat cover dispenser is inaccessible because the controls are mounted 67 inches above the finished floor.  Provide a seat cover dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The toilet is inaccessible because its centerline is 16 inches from the side wall.  Provide a toilet with a centerline that measures 18 inches from the near side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30.

(5)       No accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

i.          Men's Toilet Room with Stalls in Lobby

(1)       The toilet room sign is inaccessible.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(3)       The seat cover dispenser is inaccessible because the controls are mounted 67 inches above the finished floor.  Provide a seat cover dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The toilet is inaccessible because the flush control is on the closed side.  Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

(5)       No accessible coat hook has been provided.  Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(6)       The toilet paper dispenser is mounted 43 inches from the rear wall.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

 

8.         Within 3 months of the effective date of this Agreement, the City will provide a complete set of plans and a construction manual for George Ward Park.  There is a major renovation underway at this facility.  After reviewing the documentation provided by the City, the United States will provide comments to the City regarding what changes, if any, are required to bring the facility into full compliance with the ADA.  The City will make all modifications required by the Department prior to the renovated facility's opening.  Additionally:

 

a.         The toilet rooms contain a number of inaccessible elements and are not accessible to people with disabilities.  For each gender, or as a unisex room, provide an accessible toilet room such that all of the room's elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.1.3(11), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

 

9.         Within 2 year of the effective date of this Agreement, the City will complete the following modifications to the Annex and McWane Science Center, located at 200 19th Street, North Birmingham, Alabama:

 

a.         Parking Elevators.  The elevator is inaccessible because after re-opening in response to an obstruction, the doors remain open for 5 seconds.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

 

b.         20th Street Parking Deck

(1)       The access aisle for the van accessible space on level D is 60 inches wide.  Provide designated van accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5)(b), 4.1.6(1)(b), 4.6.3, Fig.9.

(2)       There are no access aisles at the standard accessible spaces on levels E and F.  At each standard accessible space, provide an access aisle at least 60 inches wide.  At each van accessible space, provide an access aisles at least 96 inches wide.  Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.3, Fig. 9.

(3)       The ramps on all levels have slopes exceeding 8.33%, have no edge protection, and have no level extensions on the handrails.  Provide ramps at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides.  Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface and 1½ inches from the wall, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.

(4)       The door on level F is inaccessible because there is a slope within the door's required maneuvering clearance.  Provide a door so that the floor or ground area within the required clearances is level and clear.  Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.6, Fig. 25.

 

c.         1st Floor Exhibit Drinking Fountain.  The fountain is a protruding object that would not be detectable to a blind person using a cane.  Provide a drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

d.         Lower Level Aqua Exhibit

(1)       The water flow is less than 1 inch high.  Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge.  Additionally, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.1.3(10), 4.1.6(1)(b), 4.15, 4.27.4, Fig. 27.

(2)       The drinking fountain is a protruding object that would not be detectable to a blind person using a cane.  Provide a drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

e.         2nd Floor Exhibit.  The drinking fountain is a protruding object that would not be detectable to a blind person using a cane.  Provide a drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

f.          3rd Floor Exhibit.  The drinking fountain is a protruding object that would not be detectable to a blind person using a cane.  Provide a drinking fountain at this location such that its bottom leading edges measure no more than 27 inches above the finished floor or protrude no more than 4 inches into the walkway.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

g.         Exhibit Side Elevator

(1)       The elevator is inaccessible because after re-opening in response to an obstruction the doors remain open for 5 seconds.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(2)       The elevator is inaccessible because, although emergency communications are provided, they do not work without voice communication.  Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device.  If the system uses a handset, ensure that the length of the cord from the panel to the handset is at least 29 inches.  If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.14.

 

h.         Lobby Elevator

(1)       The elevator is inaccessible because after re-opening in response to an obstruction, the doors stay open for 4 seconds.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(2)       The elevator is inaccessible because, although emergency communications are provided, they do not work without voice communication.  Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device.  If the system uses a handset, ensure that the length of the cord from the panel to the handset is at least 29 inches.  If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist.  Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.14.

 

i.          IMAX Theater

(1)       The theater wheelchair seating areas lack companion seats.  Provide the number of wheelchair seating areas required by Standards sec. 4.1.3(19), with a minimum clear ground or floor space of 66 inches wide for each pair by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.1.6(1)(b), 4.5, 4.33.

(2)       The ramp is inaccessible because it lacks handrails on both sides and the handrails are mounted 33 inches above the finished floor.  Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.8.5.

 

j.          20th Street entrance ramp.  The ramp is inaccessible because the handrail ends are not rounded or returned smoothly to the floor.  Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.8.5.

 

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

 

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

 

m.        1st Floor Exhibits.  The floor demos are not made accessible to people with hearing impairments.  Provide this program in a format that is accessible to people with hearing impairments, such as by providing sign language interpretation.  28 C.F.R. § 35.160.

 

n.         Labspace.  The exhibit is not located on an accessible route because there is an 8½ inch step up to the platform in front of the viewing window.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

 

o.         2nd Floor Highcycle

(1)       The ramp is inaccessible because it lacks edge protection and the handrail extension at the bottom of the ramp is not level. Provide a ramp with edge protection at least 2 inches high at the drop off sides.  Provide handrails that extend at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.

(2)       The door to the equipment has a threshold that is greater than ½ inch and is not beveled.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.8, 4.5.2.

 

p.         3rd Floor Mysteries at Egypt

(1)       The Pharaoh's dig exhibit lacks a transfer platform .  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

(2)       The route past the scarab race is inaccessible because there is a protruding object that would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

 

q.         3rd Floor Unisex Toilet Room.  No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

 

r.          IMAX Exhibit Display in Lobby.  The TV lacks captioning and is not accessible to people who are deaf or hard of hearing.  Provide this program in a format that is accessible to people with hearing impairments.  28 C.F.R. §35.160.

 

s.         1st Floor Women's Toilet Room with Stalls

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

(2)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(3)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

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

 

t.          1st Floor Men's Toilet Room with Stalls

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

(2)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the toilet room lacks a visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

(3)       No accessible mirror has been provided.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

 

10.       Within 3 months of the effective date of this Agreement, the City will provide a complete set of as-built drawings and photographs for the Birmingham Public Library - Ensley Branch.  This facility was under construction during the Department's onsite review and is now complete.  After reviewing the documentation provided by the City, the United States will provide comments to the City regarding what changes, if any, are required to bring the facility into full compliance with the ADA.  The City will make all modifications required by the Department within 6 months of receipt of the Department's comments.

 

11.       Within 1 year of the effective date of this Agreement, the City will complete the following modifications to the Wiggins Park, located at 3301 Jefferson Avenue S.W., Birmingham, Alabama:

 

a.         North East Parking -  Although the parking lot has a total of 51 parking spaces, an inadequate number are designated as reserved for people with disabilities.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 2 standard space designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

b.         West parking lot - Curb Cut in front of the Gym.  The curb ramp has a compound slope, and is steeper than 8.33% (1:12)at the bottom.  Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp.  If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic.  Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.7, Fig. 12.

 

c.         Play Equipment.  None of the play equipment is usable by children with disabilities.  Ensure program access by providing at least one piece of play equipment that is on an accessible route and has a transfer platform to enable children who use wheelchairs to use it.

 

12.       Within 3 years of the effective date of the Agreement, the City will complete the following modifications to the Avondale Park, located at 4101 5th Avenue, South, Birmingham, Alabama:

 

a.         Within 3 months of the effective date of this Agreement, the City will provide a complete set of as-built drawings and photographs for the Avondale Villa.  This facility was under construction during the Department's onsite review and is now complete.  After reviewing the documentation provided by the City, the United States will provide comments to the City regarding what changes, if any, are required to bring the facility into full compliance with the ADA.  The City will make all modifications required by the Department within 6 months of receipt of the Department's comments.

 

b.         Parking.  Although there are 20 parking spaces, none are designated as reserved for persons with disabilities.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space designated as reserved for people with disabilities.  Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

 

c.         Route from Lake Area to Gazebo Area

(1)       The route from the lake area to the gazebo is inaccessible because there is a 6 inch step up to the gazebo and the route is not firm, stable and slip resistant.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

(2)       The curb cut flared sides slopes exceed 5.71 degrees.  Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp.  If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic.  Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3.8, 4.7, Fig. 12.

(3)       The picnic tables are inaccessible.  Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground.  Standards §§ 4.1.3(18), 4.1.6(1)(b), 4.32.3, 4.32.4.

 

d.         Ramp to Gazebo.   The ramp lacks handrail extensions, there is a ¾ inch step between the concrete and the brick surfaces at the top of the ramp, and the bottom of the ramp has a ½ inch deep hole and is in disrepair.  Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides.  Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface and 1½ inches from the wall, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3.8, 4.8.

 

e.         Ramp from 39th and 40th Streets.  The ramp lacks handrail extensions.  Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface and 1½ inches from the wall, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.8.5.

 

f.          Ballpark.  There is no accessible route linking all features at the ballpark such as the service counter and the bleachers.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

 

g.         Playground.  The route to the playground is inaccessible.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

 

h.         Picnic Tables.  The route to the picnic tables is inaccessible.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.3(18), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

 

i.          Tennis Courts

(1)       Although a drinking fountain is provided, there is no accessible drinking fountain provided.  Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge.  Additionally, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.1.3(10), 4.1.6(1)(b), 4.15, 4.27.4, Fig. 27.

(2)       A portion of the route to the tennis courts is longer than 200 feet with no passing space and there are abrupt vertical rises greater than ½ inch.  Provide at least one accessible route to the tennis courts that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

(3)       The route from the sidewalk into the tennis courts slopes 13.9%, has no level landings at the top or bottom, and has no handrails.  Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides.  Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface and 1½ inches from the wall, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3.8, 4.8.

 

13.       Within 2 years of the effective date of this Agreement, the City will complete the following modifications to the Roebuck Golf Course, located at 8920 Roebuck Blvd, Birmingham, Alabama:

 

a.         Parking.  Although there are 84 parking spaces, only 2 are designated for persons with disabilities, they share a 65 inch wide access aisle, and there is no "van-accessible" space.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 3 standard spaces designated as reserved for people with disabilities.  Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

 

b.         Curb Ramp.  The built-up curb ramp between the parking lot containing the parking for persons with disabilities and the longer ramp to the landing at the clubhouse is too steep, with portions measuring as steep as 17 percent slope.  The slope of its flared sides is also excessive.  Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp.  If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic.  Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3.8, 4.7, Fig. 12.

 

c.         Ramp.  The ramp between the landing at the clubhouse and the built-up curb ramp at the parking lot containing the parking for persons with disabilities does not have any handrails.  Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards §4.1.2(1), 4.1.6(1)(b),  4.8.5.

 

d.         Club House Entrances.  Although there are 2 front entrances and a side entrance to the clubhouse, the side entrance is not accessible and does not contain directional signage to the accessible front entrances.  Additionally, the accessible front entrances are not marked as accessible.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances.  Standards §§ 4.1.3(8)(d), 4.1.6(1)(b), 4.13, 4.30.

 

e.         Alarm.  Although an audible alarm exists in the clubhouse, there is no visual alarm.  Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use.  Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate.  Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower.  Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal.  In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.3.

 

f.          Drinking Fountain.  Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping near the snack bar.  Provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.1.3(10)(a), 4.1.6(1)(b).

 

g.         Pro-Shop Counter.  The counter is inaccessible because it is 41¾ inches above the finished floor and there is no equivalent facilitation.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§  4.1.6(1)(b), 7.2(2), 4.3.

 

h.         Snack Bar Cashier Counter.  The counter is inaccessible because it is 41½ inches above the finished floor and there is no equivalent facilitation.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§  4.1.6(1)(b), 7.2(2), 4.3.

 

i.          Accessible Route.  The route outside the women's locker room is inaccessible because the wooden security "bell clock" protrudes 7 inches into the main walkway and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.4.

 

j.          Golf Carts.  Although the City has 60 golf carts for public use at this facility, none are accessible to persons who use wheelchairs.  The next time that golf carts are purchased, the City will acquire at least one accessible golf cart to provide program accessibility.  28 C.F.R.  § 36. 202(b).  The City will implement policies to ensure the accessible cart's availability to persons with disabilities.  These will include, for example, allowing persons with disabilities to reserve it or use it without reservations; renting out the accessible golf cart to non-disabled users only when all other carts are in use; charging the same for the use of the accessible cart as others; and maintaining it in good condition.  The accessible cart may be used by non-disabled golfers when consistent with the policies set out above.

 

k.         Women's Locker Room

(1)       The door requires 21 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7), 4.1.6(1)(b), 4.13.11(2)(b).

(2)       The paper towel dispenser is mounted at 58 inches above the finished floor and requires a forward reach.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(3)       The toilet is inaccessible because the flush control is on the closed side.  Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards §§  4.1.3(11), 4.1.6(1)(b), 4.16.5, 4.17.2, 4.27.4.

(4)       There is no accessible toilet paper dispenser provided, so people stock the toilet paper on the grab bars.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.17.3, Fig. 30(d).

(5)       The shower in the women's locker room is inaccessible because the shower stall is 38 inches wide by 40 inches deep, there is no 12 inch overhang at the transfer seat, and adequate grab bars are not provided.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.21, Figs. 35, 36, 37.

(6)       The shower in the women's locker room is inaccessible because no shower spray unit is provided and the shower head is higher than 48 inches above the finished floor.  Provide a shower in this room that has a shower spray unit with a hose at least 60 inches long that can be used both as a fixed shower head and as a hand-held shower.  In unmonitored facilities where vandalism is a consideration, a fixed shower head mounted at 48 inches above the shower floor may be used in lieu of a hand-held shower head.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.21.6, Fig. 37.

 

l.          Men's Locker Room

(1)       The route through the toilet room is inaccessible because the paper towel protrudes 6 inches into the main walkway and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.4.

(2)       The toilet centerline in the stall designated for persons with disabilities is 18½ inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.17.3, Fig. 30.

(3)       The toilet flush control in the stall designated for persons with disabilities is on the closed side.  Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.16.5, 4.17.2, 4.27.4.

(4)       The toilet paper dispenser in the stall designed for persons with disabilities is inoperable, so people stock the toilet paper on the grab bars.  Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.17.3, Fig. 30(d).

(5)       The locker room benches are 9½ inches deep, 15½ inches high, and are not attached at a wall.  Provide a 24 inch by 48 inch bench fixed to the wall along the bench's longer dimension.  Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor.  Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench.  Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.35.4, 4.26.3.