Attachment K – Existing Facilities

 

Please Note: Paragraph 43 of the Settlement Agreement requires that, within three months of the effective date of this Agreement, the City provide signage as necessary to comply with 28 C.F.R. § 35.163(b, after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

 

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

 

1.         Within 1½ years of the effective date of the Agreement, the City will complete the following modifications to the City Hall, located at 710 20th Street, North, Birmingham, Alabama:

 

a.         Exterior Entrance and Doors – From Skybridge.  The doors lacks signage with the International Symbol of Accessibility at inaccessible entrances directing to the accessible entrance and at the accessible entrance.  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), 4.13, 4.30.

 

b.         Exterior Entrance Ramp.  The ramp handrails do not have level extensions at the top.  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 § 4.8.5.

 

c.         Alarms.  Although the facility contains an emergency alarm system, the alarm system is inaccessible because several toilet rooms and other rooms lack visual alarms.  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 § 4.28.3.

 

d.         Signage.  The interior permanent room signage is not accessible.  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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

e.         Planning and Engineering Office.  The door to the planning and engineering office requires 13 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

f.          Conference Room 215.  The entrance door requires 10 pounds of pressure to open.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

g.         Building and Inspection Office

(1)       The door to the building and inspection office requires 10 pounds of force to open.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

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

 

h.         2nd Floor Women's Toilet Room with Stalls

(1)       The toilet room signage is not mounted on the latch side of the door and does not have raised characters and Braille.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       The outer toilet room door requires 15 pounds of force to operate.   Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

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

(4)       The inner toilet room door has a clear opening width of 27 inches. Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

(5)       The inner toilet room door closer is a protruding object measuring 75½ inches.  Provide an accessible route at this location with a minimum of 80 inches of clear head room throughout.  If the vertical clearance is reduced to less than 80 inches at any point, provide a barrier.  Standards § 4.4.2, Fig. 8©-1).

(6)       The path of travel into the toilet room is obstructed by the door (inner).  Provide an accessible route to the toilet room with required minimum width, passing space, head room, surface textures, slopes, and changes in level.  Standards §§ 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8.

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

(8)       The seat cover dispenser is mounted 64 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(9)       The feminine products dispenser protrudes 5½ inches into the main walkway 42¾ inches high 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 § 4.4.

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

(11)     The lavatory lacks clear floor space centered on the lavatory.  Provide a lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory.  Standards § 4.19.3, Fig. 32.

(12)     The designated accessible stall door hardware requires twisting to operate.  Provide a door 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 § 4.27.4.

(13)     The toilet height is 16¼ inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(14)     The toilet centerline in the designated accessible stall is 16 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

(15)     The far end of the side grab bar is 48 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

(16)     The overall length of the rear grab bar is 24 inches and the closer end of the rear grab bar is 9 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 §§ 4.17.6, 4.26.2, Fig. 30.

 

i.          2nd Floor Men's Toilet Room with Stalls

(1)       The outer toilet room door signage is not mounted on the latch side of the door and does not have raised characters or Braille.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       The outer toilet room door requires 10 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

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

(4)       The inner toilet room door has a clear opening width of 27 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

(5)       The path of travel into the toilet room is obstructed by the inner door.  Provide an accessible route to the toilet room with required minimum width, passing space, head room, surface textures, slopes, and changes in level.  Standards §§ 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8.

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

(7)       The seat cover dispenser is mounted 66 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(8)       The paper towel dispenser is mounted 50½ 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.  

(9)       The bottom edge of the lavatory is mounted 27½ 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 § 4.19.2, Fig. 31.

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

(11)     The lavatory faucet requires more than 5 pounds of pressure 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 §§ 4.19.5, 4.27.4.

(12)     The toilet height is 15½ inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(13)     The toilet centerline is 15½ inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

(14)     The far end of the side grab bar is 47 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

(15)     The accessible stall lacks a rear grab bar.   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 §§ 4.17.6, 4.26.2, Fig. 30.

 

j.          Southeast Elevator

(1)       The elevator doors lack accessible protective and re-opening devices.  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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(2)       On the elevator panel, the main entry floor button is not designated by a raised star.  Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols.  Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor.  Standards § 4.10.12, Fig. 23.

(3)       The emergency communications system does not work without voice communications.  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 § 4.10.14.

 

k.         Northwest Elevator

(1)       The elevator doors lack accessible protective and re-opening devices.  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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(2)       On the elevator panel, the main entry floor button is not designated by a raised star. Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols.  Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor.  Standards § 4.10.12, Fig. 23.

(3)       The emergency communications system does not work without voice communications.  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 § 4.10.14.

 

l.          Drinking Fountains – Outside Engineering and Construction

(1)       Although a drinking fountain is provided, there is no accessible drinking fountain because the water height is not at least 4 inches.  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 §§ 4.15, 4.27.4, Fig. 27.

(2)       The drinking fountain at is inaccessible because it lacks adequate knee space height and the drinking fountain does not allow for a front approach.  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 § 4.15.5(1), Figs. 27(a), (b).

(3)       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 § 4.4.

 

m.        Basement Cafeteria: Each leaf of the double leaf door provides less than 32  inches of clear opening width.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.  Alternatively, provide an automatic door opening device that operates both doors simultaneously, or prop both doors open during all business hours.

 

2.         Within 3 years of the effective date of this Agreement, the City will complete the following modifications to the Birmingham Public Library, located at 2100 Park Place, Birmingham, Alabama:

 

a.         Parking.  Although the parking lot has a total of 106 parking spaces, there are only 4 designated accessible spaces, there are no access aisles, and there is no van accessible space.  On the shortest accessible route to the accessible entrance, provide at least 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), 4.6, 4.30.7(1).

 

b.         Ramp from Parking Lot to Accessible Entrance.  The ramp lacks level landings at the bottom and the top, has no handrail extensions, has a slope of 8.75% at the bottom, and has a very steep threshold to the ramp surface.  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 §§ 4.3.8, 4.8.

 

c.         Accessible Entrance.  The interior rear entrance door from the accessible parking 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 § 4.13.11(2)(b).

 

d.         Skywalk Ramp Between Central Library and Henley Library.  The ramp's handrails are less than 34 inches above the ramp surface, the handrails are not rounded or returned smoothly to the floor, wall, or post, and the space between the handrails and the wall at the portion closer to the Central Library is 2e inches.  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 § 4.8.5.

 

e.         Accessible Route

(1)       The route from the rear of the parking lot to the building is inaccessible because the surface is not level.  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 §§ 4.3, 4.5, Fig. 7.

(2)       The underside of the escalator on the first floor is inaccessible because there is insufficient  head room provided.  Provide an accessible route at this location with a minimum of 80 inches of clear head room throughout.  If the vertical clearance is reduced to less than 80 inches at any point, provide a barrier.  Standards § 4.4.2, Fig. 8©-1).

 

f.          1st Floor Bank of Telephones.  The telephones are inaccessible because the highest operable part is mounted 55 inches above the finished floor and the pay phones lack volume control.  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 §§ 4.31, 4.30.7(2).

 

g.         3rd Floor Bank of Telephones

(1)       The telephone is inaccessible because the highest operable part is mounted 57 inches above the finished floor and the phone lacks volume control.  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 §§ 4.31, 4.30.7(2).

(2)       The route past the pay phone is inaccessible because the wall-mounted telephone 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 § 4.4.

 

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

(1)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.1, 4.28.3.

(2)       The trash can obstructs the use of the paper towel dispenser.  Provide a paper towel dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(3)       The toilet is inaccessible because there is insufficient clear floor space.  Provide clear floor space that complies with Fig. 30 at the toilet.  Standards § 4.17.3, Fig. 30.

(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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(5)       The far end of the side grab bar is 48 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

 

i.          1st Floor Men's Toilet Room with Stalls

(1)       The toilet room door requires 10 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(3)       The trash can obstructs the use of the paper towel dispenser.  Provide a paper towel dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(5)       The far end of the side grab bar is 48 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

 

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

(1)       The toilet room door requires 10½ pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(3)       The trash can obstructs the use of the paper towel dispenser.  Provide a paper towel dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The coat hook in the designated accessible stall is inaccessible.  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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(5)       The far end of the side grab bar is 48 inches from the rear wall, and the grab bar is mounted 37 inches high.  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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

 

k.         3rd Floor Men's Toilet Room

(1)       The toilet room sign is mounted 52 inches above the finished floor.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       The toilet room door requires 10 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(3)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(4)       The trash can obstructs the use of the paper towel dispenser.  Provide a paper towel dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

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

(6)       The toilet's flush control in the designated accessible stall 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 §§ 4.16.5, 4.17.2, 4.27.4.

(7)       The far end of the side grab bar is mounted 48 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

 

l.          2nd Floor Women's Toilet Room with Stalls

(1)       The toilet room door requires 10 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(3)       The trash can obstructs the use of the paper towel dispenser.  Provide a paper towel dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

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

(5)       The toilet is inaccessible because there is insufficient clear floor space.  Provide clear floor space that complies with Fig. 30 at the toilet.  Standards § 4.17.3, Fig. 30.

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

(7)       The far end of the side grab bar is mounted 48 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

 

m.        2nd Floor Men's Toilet Room

(1)       The toilet room door requires 10 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(3)       The trash can obstructs the use of the paper towel dispenser.  Provide a paper towel dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       No accessible coat hook has been provided in the designated accessible toilet 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(5)       There is no accessible toilet paper dispenser provided in the accessible stall.  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 § 4.17.3, Fig. 30(d).

(6)       The far end of the side grab bar is mounted 48 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

 

n.         3rd Floor Men's Drinking Fountain.  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).

 

o.         3rd Floor Women's Drinking Fountain.  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).

 

p.         Elevators (Both the Same)

(1)       After reopening, the door remains open for only 4 seconds after notification before the door starts to close.  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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(2)       The emergency communications handset cord is 12 inches long and the emergency communications door requires tight grasping to open.  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 § 4.10.14.

(3)       A test of the emergency communications system revealed that it did 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 § 4.10.14.

 

q.         Library.  The stacks in the children's section on the 2nd floor are less than 36 inches apart.  Provide at least 36 inches of clear width between all stacks and provide a clear width of 42 inches between stacks where possible.  Standards § 8.5, Fig. 56.

 

r.          Reading Castle

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

(2)       There is no signage directing people with disabilities to the accessible toilet rooms.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms.  Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

 

3.Within 2 years of the effective date of this Agreement, the City will complete the following modifications to the Arlington Museum, located at  331 Cotton Avenue, Birmingham, Alabama:

 

a.         Parking

(1)       Although there are 33 spaces, there is only one reserved for persons with disabilities, there is no van accessible space, and the space provided is not on the shortest accessible route to the building.  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.  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), 4.6, 4.30.7(1).

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

 

b.         Accessible Route From Parking Lot.  The route from the parking lot to the accessible route is inaccessible because the slope of the curb cut is 11.9%, the cross slope of the curb cut is 3.6% and the curb cut lacks detectable warnings.  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 § 4.3.8, 4.7, Fig. 12.

 

c.         Exterior Entrance ramp to the Museum from Parking Lot.  The accessible route is 1303 inches long and has slopes ranging from 5.7% at the bottom to 12.6% at the top.  The ramp has no handrails and no level landing at the bottom.  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 §§ 4.3.8, 4.8.

 

d.         Exterior Entrance

(1)       There are two entrances to the Office Building (houses the Banquet Room and Gift Shop) one of which is accessible.  There is no directional signage at the inaccessible entrance.  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), 4.13, 4.30.

(2)       At the accessible entrance, the door has knob hardware which requires tight grasping, pinching or turning of the wrist to operate.  Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate.  Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

(3)       The slope of the entrance to the building is 17 percent which is a ramp.  The ramp, lacks adequate edge protection, a level landing at the top, and has handrails that are 43 inches above the finished floor and have no handrail extensions.  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 §§ 4.3.8, 4.8.  

 

e.         Toilet Rooms in Office Building

(1)       The women's toilet room contains a number of inaccessible elements and is not accessible to people with disabilities.  Provide an accessible toilet room such that all of the room's elements, including signage, door, door hardware, clear floor space, water closet, stall size and arrangement, stall door, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.18, 4.19, 4.26, 4.27, 4.30, Fig. 30.

(2)       The men's toilet room contains a number of inaccessible elements and is not accessible to people with disabilities.  Provide an accessible toilet room such that all of the room's elements, including signage, door, door hardware, clear floor space, water closet, stall size and arrangement, stall door, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.18, 4.19, 4.26, 4.27, 4.30, Fig. 30.

 

f.          Toilet Rooms Outside Office Building

(1)       The women's toilet room contains a number of inaccessible elements and is not accessible to people with disabilities.  Provide an accessible toilet room such that all of the room's elements, including signage, door, door hardware, clear floor space, water closet, stall size and arrangement, stall door, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.18, 4.19, 4.26, 4.27, 4.30, Fig. 30.

(2)       The men's toilet room contains a number of inaccessible elements and is not accessible to people with disabilities.  Provide an accessible toilet room such that all of the room's elements, including signage, door, door hardware, clear floor space, water closet, stall size and arrangement, stall door, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.18, 4.19, 4.26, 4.27, 4.30, Fig. 30.

 

g.         Unisex, Single User Toilet Room (currently Staff Only)

(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), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       The door to the toilet room is inaccessible because the clear opening width of the door is 30 inches and the hardware requires twisting of the wrist to operate.  Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist.  Lever-operated, push-type, and U-shaped handles are acceptable designs.  Standards §§ 4.13.5, 4.13.9.

(3)       The light switch is inaccessible because the controls are mounted 49 inches above the finished floor.  Provide a light switch 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

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

(7)       The toilet height is 16 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(8)       The toilet centerline is 16 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

(9)       The overall length of the side grab bar is 32 inches and the distance of its further end from the rear wall is 41 inches.  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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

(10)     No rear grab bar is provided.  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 §§ 4.17.6, 4.26.2, Fig. 30.

 

h.         Hallway Drinking Fountain.  The drinking fountain has a spout that is 50 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 §§ 4.15, 4.27.4, Fig. 27.  Alternatively, provide a cup dispenser and cups on an accessible route and at accessible reach ranges.

 

i.          Exterior Drinking Fountain.  Although a drinking fountain is provided, there is no accessible drinking fountain.  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.  Standards §§ 4.15, 4.27.4, Fig. 27.  Alternatively, provide a cup dispenser on an accessible route and within acceptable reach ranges. 

 

4.         Within 3 years of the effective date of this Agreement, the City will complete the following modifications to the Birmingham Jail, located at 425 6th Avenue, South, Birmingham, Alabama:

 

a.         Parking.  Although there are 43 parking spaces, both spaces designated as reserved for people with disability and their access aisles are too narrow, one of the spaces lacks appropriate signage, and there is no space designated as "van accessible."  On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space and 1 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), 4.6, 4.30.7(1).

 

b.         Accessible Route

(1)       The route from the parking area to the sidewalk is inaccessible because the slope of the curb cut is 20.8%.  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 §§ 4.3.8, 4.7, Fig. 12.

(2)       The ramp to the door has a slope of  9.8%, lacks a handrail on one side, and has an existing handrail that is 31 inches above the ramp surface.  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 §§ 4.3.8, 4.8.

 

c.         Exterior Entrance.  The interior door requires more than 5 pounds of force to open.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

d.         Permanent Room Signs.  The signage provided is inaccessible.  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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

                                                                                               

e.         Public Lobby Reception (across from Entrance).  The 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 §§ 7.2(2), 4.3.

 

f.          Public Lobby Vending Machines.  The vending machine is inaccessible because the highest operable part is 61½ inches high.  Provide an accessible vending machine with the highest operable part no more than 48 inches above the finished floor for a front approach or no more than 54 inches above the finished floor for a side approach.  Standards §§ 5.8, 4.2.5, 4.2.6.

 

g.         Magistrate's Office.  The counter is inaccessible because it is 43½ inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 7.2(2), 4.3.

 

h.         Magnetometer.  The Magnetometer to the secured area is 30 inches wide.  Provide an accessible route to the secured area with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards §§ 4.3.3, 4.13.5.  Alternatively, as a program access solution, a hand wand will be used for persons with disabilities who cannot maneuver through the magnetometer.

 

i.          Lobby Telephones

(1)       Neither public telephone is accessible to persons with disabilities.  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 §§ 4.31, 4.30.7(2).

j.          Women's Lobby Toilet Rooms with Stalls

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

(2)       The door to the toilet room is inaccessible because the clear opening width of the door is 29 inches.  Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist.  Lever-operated, push-type, and U-shaped handles are acceptable designs.  Standards §§ 4.13.5, 4.13.9.

(3)       The pressure required to open the door exceeds 5 pounds of force.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(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 § 4.19.6.

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

(6)       The lavatory is inaccessible because the hardware requires twisting 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 §§ 4.19.5, 4.27.4.

(7)       The toilet in the designated accessible stall is inaccessible because there is insufficient clear floor space.  Provide clear floor space that complies with Fig. 30 at the toilet.  Standards § 4.17.3, Fig. 30.

(8)       The toilet seat in the designated accessible stall is 21 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(9)       The toilet centerline in the designated accessible stall is 15½ inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

(10)     The height of the side grab bar in the designated accessible stall is 32 inches above the finished floor.  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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

(11)     No rear grab bar is provided in the designated accessible stall.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser.  Standards §§ 4.17.6, 4.26.2, Fig. 30.

 

k.         Men's Lobby Toilet Rooms with Stalls

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

(2)       The door to the toilet room is inaccessible because the clear opening width of the door is 29 inches.  Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist.  Lever-operated, push-type, and U-shaped handles are acceptable designs.  Standards §§ 4.13.5, 4.13.9.

(3)       The pressure required to open the door exceeds 5 pounds of force.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(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 § 4.19.6.

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

(6)       The lavatory is inaccessible because the hardware requires twisting 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 §§ 4.19.5, 4.27.4.

(7)       The toilet in the designated accessible stall is inaccessible because there is insufficient clear floor space.  Provide clear floor space that complies with Fig. 30 at the toilet.  Standards § 4.17.3, Fig. 30.

(8)       The toilet in the designated accessible stall is 21 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(9)       The toilet centerline in the designated accessible stall is 15½ inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

(10)     The toilet paper dispenser in the designated accessible stall is mounted on the incorrect 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 § 4.17.3, Fig. 30(d).

(11)     The toilet in the designated accessible stall 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 §§ 4.16.5, 4.17.2, 4.27.4.

(12)     The height of the side grab bar in the designated accessible stall is 32 inches above the finished floor.  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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

(13)     No rear grab bar is provided in the designated accessible stall.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser.  Standards §§ 4.17.6, 4.26.2, Fig. 30.

(14)     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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

l.          Intake/Booking

(1)       The counter is inaccessible because it is mounted 40 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 7.2(2), 4.3.

(2)       The satellite 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 §§ 7.2(2), 4.3.

(3)       The route past the counter is inaccessible because the counter protrudes 11 inches into the path of travel 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 § 4.4.

(4)       The single user toilet/shower room contains a number of inaccessible elements and is not accessible to people with disabilities.  Provide an accessible toilet and shower room such that all of the room's elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, shower, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

 

m.        Visitation Room From Inmate Side.  There is no accessible space at the visiting cubicles for inmates using wheelchairs.  Provide at least one accessible cubicle on an accessible route at least 36 inches wide.  Ensure that the cubicle has clear floor space of 30 inches wide by 48 inches deep, knee clearance of at least 27 inches high by 30 inches wide by 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor.  Standards §§ 4.2.4.1, 4.32.

 

n.         Linear Supervision Housing Units (J-1, J-2)

(1)       Open Area

(a)       The tables have fixed seats and are not accessible to people using wheelchairs.  Provide an accessible table on an accessible route at least 36 inches wide.  Ensure that the table has clear floor space of 30 inches wide by 48 inches deep, knee clearance of at least 27 inches high by 30 inches wide by 19 inches deep, and a surface between 28 and 34 inches above the finished floor.  Standards §§ 4.2.4.1, 4.32.

(b)       The route through the open area is inaccessible because the TV stand protrudes 24 inches into the path of travel 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 § 4.4.

(c)       The route under the stairs in the supervision unit is inaccessible because there is insufficient head room provided.  Provide an accessible route at this location with a minimum of 80 inches of clear head room throughout.  If the vertical clearance is reduced to less than 80 inches at any point, provide a barrier.  Standards § 4.4.2, Fig. 8©-1).

(2)       Telephone.  The telephone cord is 20 inches long.  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 §§ 4.31, 4.30.7(2).

(3)       Showers.  The shower in the linear housing unit is inaccessible.  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 § 4.21, Figs. 35, 36, 37.

(4)       Cells.  There is no accessible cell.  Provide an accessible cell such that all of the cell's elements, including door, clear floor space, bed, water closet, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, 9.2.2, Figs. 28, 29.[1]

 

o.         Dormitory Units (A-1, A-2)

(1)       The shower in the dormitory unit is inaccessible.  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 § 4.21, Figs. 35, 36, 37.

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

(3)       Telephone.  The telephone is inaccessible because the highest operable part is mounted 60 inches above the finished floor, the counter is 26½ inches high, the stool obstructs the knee space at the telephone, and the telephone cord is 20 inches long.  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 §§ 4.31, 4.30.7(2).

 

5.         Within 3 years of the effective date of the Agreement, if this facility is still in its present condition, the City will complete the following modifications to the Sloss Furnaces, located at 3300 1st Street, Birmingham, Alabama.  If the facility is remodeled, the City will provide a complete set of plans and a construction manual to the Department.  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. 

 

a.         The Accessible Route

(1)       The route to the building is inaccessible because it is not level or 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 §§ 4.3, 4.5, Fig. 7.

(2)       The second leg of the ramp has a slope of 5.3 degrees and lacks adequate edge protection on the outside.  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; with level landings measuring at least 60 inches by 60 inches when the ramp changes direction; and edge protection that is at least 2 inches high at the drop off sides.  Provide handrails that are between 1¼ inches and 1½ inches in diameter such that the inside handrail is continuous and both handrails have a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.3.8, 4.8.

 

b.         Entrance

(1)       The sidewalk to the entrance of the museum is inaccessible because there is a ¾ inch change in level in the sidewalk.  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 §§ 4.3, 4.5, Fig. 7.

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

(3)       The interior entrance door has a 27½ inch clear opening width.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

c.         Ramp.  The ramp slopes 9.3%, has no edge protection on the outside, and does not have handrail extensions.  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 §§ 4.3.8, 4.8.

 

d.         Drinking Fountain

(1)       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).

 

e.         Visitors' Center Women's Toilet Rooms with Stalls

(1)       The sign lacks the International Symbol of Access, is not mounted on the latch side of the door and lacks raised and Braille characters.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(4)       The designated accessible toilet stall is inaccessible because it lacks clear floor space.  Provide a toilet stall that is at least 60 inches wide and at least 56 inches deep for a wall-mounted toilet or at least 59 inches deep for a floor-mounted toilet, such that the centerline of the toilet is exactly 18 inches from the near side wall or partition, and there is at least 9 inches of toe clearance above the floor at the front partition if the stall is no more than 60 inches deep.  Standards § 4.17, Fig. 30.

(5)       The toilet height is 16 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d). 

(6)       The toilet centerline is 19 inches from the sidewall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

(7)       The toilet paper dispenser is mounted opposite the grab bar on the wrong 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 § 4.17.3, Fig. 30(d).

(8)       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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

f.          Visitors' Center Men's Toilet Rooms with Stalls

(1)       The toilet room sign lacks the International Symbol of Accessibility, raised and Braille characters and is not mounted on the latch side of the door.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       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 § 4.13.11(2)(b).

(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 § 4.19.6.

(4)       The designated accessible toilet stall is inaccessible because the clear floor space is 42 inches by 106 inches.  Provide a toilet stall that is at least 60 inches wide and at least 56 inches deep for a wall-mounted toilet or at least 59 inches deep for a floor-mounted toilet, such that the centerline of the toilet is exactly 18 inches from the near side wall or partition, and there is at least 9 inches of toe clearance above the floor at the front partition if the stall is no more than 60 inches deep.  Standards § 4.17, Fig. 30.

(5)       The toilet centerline is 21 inches from the sidewall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

(6)       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 §§ 4.16.5, 4.17.2, 4.27.4.

(7)       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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

g.         Small Theater in Visitor's Center

(1)       The pressure required to open the door exceeds 5 pounds of force.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b). 

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

 

6.         Within 2 years of the effective date of the Agreement, the City will complete the following modifications to the Boutwell Parking Deck #2, located at 910 8th Avenue, Birmingham, Alabama:

 

a.         Parking – General.  There are 1479 parking spaces with 25 spaces designated as reserved for people with disabilities, only one of which is designated as "van accessible," the signs are all mounted too low, and the designated accessible parking on the south side of the deck has no access aisles.  On the shortest accessible route to the accessible entrances, provide at least 3 van accessible spaces and 22 standard spaces 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), 4.6, 4.30.7(1).

 

b.         North Side

(1)       First Floor.  The parking reserved for persons with disabilities is inaccessible because one space is 77 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3,

(2)       Second Floor.  The parking reserved for persons with disabilities is inaccessible because one space is 95 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3,

(3)       Third Floor.  The parking reserved for persons with disabilities is inaccessible because one space is 94 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

(4)       Sixth Floor.  The parking reserved for persons with disabilities is inaccessible because one space is 78 inches wide and one space is 92 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

 

c.         South Side

(1)       Second Floor.  The parking reserved for persons with disabilities is inaccessible because three spaces are less than 96 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

(2)       Fourth Floor.  The parking reserved for persons with disabilities is inaccessible because one space is 94 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

(3)       Fifth Floor.  The parking reserved for persons with disabilities is inaccessible because one space is 94 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

(4)       Sixth Floor.  The parking reserved for persons with disabilities is inaccessible because the spaces are 94 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

 

d.         South Side Elevator

(1)       The route past the elevator is inaccessible because the objects below the call buttons protrude into the main walkway 6¼ inches 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 § 4.4.

(2)       After re-opening due to an obstruction, the elevator 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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(3)       The highest car control button is 58 inches above the finished floor, the emergency control buttons are 60 inches above the finished floor and not grouped at the bottom of the panel, and the buttons have no Braille and no star designating the main entry level.  Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols.  Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor.  Standards § 4.10.12, Fig. 23.

(4)       The highest operable part of the emergency communications system is 66½ inches above the finished floor.  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 § 4.10.14.

 

e.         North Side Elevator

(1)       The route past the elevator is inaccessible because the objects below the call button protrude into the main walkway 6¼ inches 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 § 4.4.

(2)       After re-opening, 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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(3)       The highest car control button is 58 inches above the finished floor, the emergency control buttons are 60 inches above the finished floor and not grouped at the bottom of the panel, and the buttons have no Braille and no star designating the main entry level.  Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols.  Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor.  Standards § 4.10.12, Fig. 23.

(4)       The highest operable part of the emergency communications system is 66½ inches above the finished floor.  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 § 4.10.14.

 

7.         Within 2 years of the effective date of the Agreement, the City will complete the following modifications to the Parking Deck #3, located at 401 20th Street, North, Birmingham, Alabama:

 

a.         Elevator

(1)       There is no hoistway signage provided.  Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high.  Standards § 4.10.5, Fig. 20.

(2)       The elevator door, after reopening due to an obstruction, remains open only 2 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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(3)       The car control buttons do not have raised characters or Braille, do not have a star designating the main entry level, are mounted with the highest button 58 inches high, and have the emergency buttons grouped at the top.  Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols.  Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor.  Standards § 4.10.12, Fig. 23.

(4)       The car position indicator makes no audible signal as the car passes or stops on a floor. 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 § 4.10.13.

(5)       The emergency communications are mounted too high, have a handset cord less than 10 inches long, are not identified by raised symbol or lettering, have a door that requires tight grasping to open, and require 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 § 4.10.14.

 

b.         Parking Level One

(1)       There are no access aisles, the signage designating parking as reserved for persons with disabilities is too low, and the space and access aisle are not level.  On the shortest accessible route to the accessible entrance, provide 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), 4.6, 4.30.7(1).

(2)       The route from the parking area is inaccessible because there is no curb ramp provided.  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 § 4.3.8, 4.7, Fig. 12.

 

c.         Parking Levels Two, Four, and Six.  The parking reserved for persons with disabilities is inaccessible because the designated space and access aisle are not level.  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 §§ 4.3.6, 4.5.1, 4.6.3.

 

d.         Parking Levels Three and Five

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

(2)       The spaces and access aisles are not level.  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 §§ 4.3.6, 4.5.1, 4.6.3.

 

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

 

f.          Space # 6 - L7.  The built-up curb ramp impermissibly extends into the access aisle.  Provide a curb ramp located so that it does not project into this element and all aspects of the ramp or curb cut comply with the Standards.  Standards §§ 4.3.8, 4.7.6.

 

g.         Van Accessible Spaces.  The van accessible parking spaces have vertical clearance of between 90 and 92 inches.  Provide a minimum vertical clearance of 98 inches at designated van accessible parking spaces and along at least one vehicle access route to such spaces from site entrances and exits.  Standards §§ 4.1.2(5)(b), 4.6.5.

 

8.         Within 2 years of the effective date of the Agreement, the City will complete the following modifications to the Parking Deck #4, located at 2128 4th Street, Birmingham, Alabama:

 

a.         Parking

(1)       Two spaces on the first level are van accessible, but only one has "van accessible" signage, the access aisles for both spaces are not level, and both spaces have a vertical clearance of 89 inches.  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.  Provide a minimum vertical clearance of 98 inches at designated van accessible parking spaces and along at least one vehicle access route to such spaces from site entrances and exits.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

(2)       One space on the seventh level is 93½ inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

(3)       The spaces on the second level lack access aisles and one space is not level.  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), 4.6, 4.30.7(1).

(4)       The route from the parking area is inaccessible because the slope of the curb cut is 14.1%.  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 §§ 4.3.8, 4.7, Fig. 12.

(5)       The spaces on the first, third, fourth, fifth, sixth and seventh levels have spaces that are not level.  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 §§ 4.3.6, 4.5.1, 4.6.3.

(6)       The access aisles on the third, fourth, fifth and sixth levels have spaces that are not level.  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 §§ 4.3.6, 4.5.1, 4.6.3.

 

b.         North Elevator

(1)       The hall lanterns do not signal once for up and twice for down, and signals are not visible from the area of the hall call buttons.  Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call.  Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say "up" or "down;" and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button.  Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable.  Standards § 4.10.4, Fig. 20.

(2)       After reopening due to an obstruction, the door stays open for 1 second, and after notification that the car has arrived, the door remains open for 2 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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(3)       The emergency communications system is not identified by raised symbols and lettering.  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 § 4.10.14.

 

c.         South Elevator

(1)       The hall lanterns do not signal once for up and twice for down, and there are no visual hall lantern fixtures.  Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call.  Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say "up" or "down;" and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button.  Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable.  Standards § 4.10.4, Fig. 20.

(2)       After reopening due to an obstruction, the door stays open for 1 second, and after notification that the car has arrived, the door remains open for 3 seconds.  Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person.  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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(3)       The emergency communications system is not identified by raised symbols and lettering.  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 § 4.10.14.

 

9.         Within 2 years of the effective date of the Agreement, the City will complete the following modifications to the Parking Deck #6, located at 2010 2nd Avenue North, Birmingham, Alabama:

 

a.         Parking

(1)       Although the parking lot has a total of 628 parking spaces, there are no van accessible spaces and the height is restricted.  On the shortest accessible route to the accessible entrance, provide 2 van accessible spaces a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

(2)       The designated accessible parking spaces are 92 inches wide, there are no access aisles, the signage designating parking as reserved for persons with disabilities is too low, and the designated accessible space is not level.  On the shortest accessible route to the accessible entrance, provide 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), 4.6, 4.30.7(1).

 

b.         Elevators

(1)       After reopening, doors stay open for 12 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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(2)       On the elevator panel, the main entry floor button is not designated by a raised star.  Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols.  Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor.  Standards § 4.10.12, Fig. 23.

(3)       The emergency communications system requires 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 § 4.10.14.

 

10.       Within 2 years of the effective date of the Agreement, the City will complete the following modifications to the Parking Deck #7, located at 509 North 17th Street, Birmingham, Alabama:

 

a.         Van Accessible Spaces

(1)       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 §§ 4.6.4, 4.30.7(1).

(2)       The van accessible parking spaces have a vertical clearance of 87 inches.  Provide a minimum vertical clearance of 98 inches at designated van accessible parking spaces and along at least one vehicle access route to such spaces from site entrances and exits.  Standards §§ 4.1.2(5)(b), 4.6.5.

 

b.         6th Floor.  The designated van accessible space is 86 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

 

c.         5th Floor.  The designated van accessible space is 88 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

 

d.         4th Floor

(1)       The designated van accessible space is 88 inches wide.  Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5), 4.6.3, Fig.9.

(2)       The #2 parking space reserved for persons with disabilities lacks appropriate signage.  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 §§ 4.6.4, 4.30.7(1).

 

e.         3rd Floor.  The #4 parking space reserved for persons with disabilities lacks appropriate signage.  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 §§ 4.6.4, 4.30.7(1).

 

f.          Elevators in Bank of 3

(1)       The hoistway signage lacks Braille.  Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high.  Standards § 4.10.5, Fig. 20.

(2)       The elevator doors do not re-open automatically if obstructed and there is less that 5 seconds after notification before the doors start to close.  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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(3)       The car control buttons do not have Braille and raised characters to the left of the buttons.  Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols.  Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor.  Standards § 4.10.12, Fig. 23.

(4)       The emergency communications system is not identified by raised lettering and Braille, the handset cord is 25 inches, requires tight grasping, pinching, or twisting of the wrist to operate, and the system does 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 § 4.10.14.

 

g.         Elevators in Bank of 2

(1)       The hoistway signage lacks Braille.  Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high.  Standards § 4.10.5, Fig. 20.

(2)       The elevator doors do not consistently reopen automatically if obstructed, when they do reopen, they close again immediately, and there is less than 5 seconds after notification before the doors start to close.  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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(3)       The car control buttons do not have Braille, raised characters to the left of the buttons.  Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols.  Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor.  Standards § 4.10.12, Fig. 23.

(4)       The emergency communications system is not identified by raised lettering and Braille, the handset cord is 25 inches, requires tight grasping, pinching, or twisting of the wrist to operate, and the system does 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 § 4.10.14.

 

11.       Within 3 years of the effective date of the Agreement, if this facility is still in operation, the City will complete the following modifications to the West Precinct, located at 612 19th Street, Birmingham, Alabama.  If the facility is remodeled or its operations are moved to a new facility, the City will provide a complete set of plans and a construction manual to the Department.  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 or relocated facility's opening. 

 

a.         Ramp.  The ramp has a rise of 18½ inches, a length of 17½ feet and lacks handrail extensions. 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 §§ 4.3.8, 4.8.

 

b.         Toilet Rooms.  The facility lacks an accessible toilet 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 §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

 

12.       Within 1 year of the effective date of the Agreement, the City will complete the following modifications to the Ensley Sears - Adult Daycare, located at 301 19th Street , Birmingham, Alabama:

 

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

 

b.         Women's Single-User Toilet Room

(1)       The toilet room sign is not mounted on the latch side of the door.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(3)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(5)       The bathtub has no securely mounted seat and no grab bars.  Provide a bathtub that has a transfer seat securely mounted such that it does not slip during use; clear floor space that complies with Fig. 33; controls mounted below the grab bar at the foot of the tub, operable with one hand and without tight grasping, pinching, or twisting of the wrist, and requiring no more than 5 pounds of force to operate; an adjustable height shower spray unit mounted on a vertical bar with a hose at least 60 inches long that can be used both as a fixed shower head and as a hand-held shower; grab bars that comply with Fig. 34; and enclosures, if any, that do not obstruct bathtub controls or obstruct transfers from wheelchairs onto bathtub seats or into tubs and that do not have tracks mounted on their rims.  Standards § 4.20, Figs. 33, 34.

 

c.         Men's Single-User Toilet Room

(1)       The toilet room sign is not mounted on the latch side of the door.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(3)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(5)       The overall length of the side grab bar is 36 inches and the distance of the farther end to the rear wall is 43 inches.  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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

 

13.       Within 3 years of the effective date of the Agreement, the City will complete the following modifications to the Alabama State Fairground, located at 2331 Bessemer Road, Birmingham, Alabama:

 

a.         Parking

(1)       The parking spaces reserved for people with disabilities lack access aisles.  At each standard accessible space, provide an access aisle at least 60 inches wide.  At each van accessible space, provide an access aisles at least 96 inches wide.  Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6.3, Fig. 9.

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

 

b.         Entrance

(1)       The interior entrance door requires 11 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(2)       The inaccessible entrance has no directional signage to the accessible entrance.  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), 4.13, 4.30.

 

c.         Ticket Counter.  The ticket 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 §§ 7.2(2), 4.3.

 

d.         Telephones

(1)       The route past the telephone is inaccessible because the wall-mounted telephone 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 § 4.4.

 

e.         Arena

(1)       There are no wheelchair seating areas at the bleachers.  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), 4.5, 4.33.

(2)       The assembly area 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 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.  Standards §§ 4.30, 4.33.

 

f.          Concessions Counter 1-5.  The concessions counter is inaccessible because it is 43 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 §§ 7.2(1), 4.3.

 

g.         Concessions Counter 9-10.  The concessions counter is inaccessible because it is 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.  Standards §§ 7.2(1), 4.3.

 

h.         Concessions Counter 20-28.  The concessions counter at is inaccessible because it is 43 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 §§ 7.2(1), 4.3.

 

i.          Concessions Counter 22-23.  The concessions counter is inaccessible because it is 43 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 §§ 7.2(1), 4.3.

 

j.          Drinking Fountain 6-7.  The drinking fountain is inaccessible because it lacks adequate knee space height.  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 § 4.15.5(1), Figs. 27(a), (b).  Alternatively, as a program access solution, provide cup dispensers and cups at an accessible height and on an accessible route.

 

k.         Drinking Fountain 9-10.  The drinking fountain is inaccessible because it lacks adequate knee space height.  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 § 4.15.5(1), Figs. 27(a), (b).  Alternatively, as a program access solution, provide cup dispensers and cups at an accessible height and on an accessible route.

 

l.          Drinking Fountain 20-21.  The drinking fountain is inaccessible because it lacks adequate knee space height.  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 § 4.15.5(1), Figs. 27(a), (b).  Alternatively, as a program access solution, provide cup dispensers and cups at an accessible height and on an accessible route.

 

m.        Drinking Fountain 23-24.  The drinking fountain is inaccessible because it lacks adequate knee space height.  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 § 4.15.5(1), Figs. 27(a), (b).   Alternatively, as a program access solution, provide cup dispensers and cups at an accessible height and on an accessible route.

 

n.         Women's Toilet Room with Stalls 7-8

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

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

(5)       The lavatory controls require 10 pounds of force 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 §§ 4.19.5, 4.27.4.

(6)       The route through the toilet room at the sloping stair is inaccessible because there are only 74½ inches of head room provided.  Provide an accessible route at this location with a minimum of 80 inches of clear head room throughout.  If the vertical clearance is reduced to less than 80 inches at any point, provide a barrier.  Standards § 4.4.2, Fig. 8©-1).

(7)       The alternate stall partitions are 36½ inches apart and  no grab bars are provided.  Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig 30(d).  Standards §§ 4.22.4, Fig. 30(d).

(8)       The toilet seat height in the alternate stall is 16 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(9)       The coat hook in the alternate stall is inaccessible.  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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

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

 

o.         Men's Toilet Room with Stalls 8-9

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(4)       The lavatory is inaccessible because it lacks knee and toe clearances.  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 § 4.19.2, Fig. 31.

(5)       The lavatory faucet controls require 5 pounds of force to operate and the hardware requires twisting 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 §§ 4.19.5, 4.27.4.

(6)       The toilet seat height in the alternate stall is 16 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(7)       The ambulatory stall lacks grab bars.  Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig 30(d).  Standards §§ 4.22.4, Fig. 30(d).

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

 

p.         Women's Toilet Room with Stalls 14-28

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

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

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

(6)       The alternate stall partitions are 37 inches apart and  no grab bars are provided.  Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig 30(d).  Standards §§ 4.22.4, Fig. 30(d).

(7)       The toilet seat height in the alternate stall is 16 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

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

 

q.         Men's Toilet Room with Stalls 15-16

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(4)       The lavatory faucet controls require twisting 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 §§ 4.19.5, 4.27.4.

(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 §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

 

r.          Women's Toilet Room with Stalls 21-22

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

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

(5)       The lavatory controls require 10 pounds of force 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 §§ 4.19.5, 4.27.4.

(6)       The route through the toilet room at the sloping stair is inaccessible because there are only 74½  inches of head room provided.  Provide an accessible route at this location with a minimum of 80 inches of clear head room throughout.  If the vertical clearance is reduced to less than 80 inches at any point, provide a barrier.  Standards § 4.4.2, Fig. 8©-1).

(7)       The alternate stall partitions are 36½ inches apart and  no grab bars are provided.  Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig 30(d).  Standards §§ 4.22.4, Fig. 30(d).

(8)       The toilet seat height in the alternate stall is 16 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(9)       The coat hook in the alternate stall is inaccessible.  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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

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

 

s.         Men's Toilet Room with Stalls 21-22

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§  4.28.1, 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 § 4.19.6.

(4)       The lavatory faucet controls require 5 pounds of force and twisting 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 §§ 4.19.5, 4.27.4.

(5)       The toilet seat height in the alternate stall is 16 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(6)       The ambulatory stall lacks grab bars.  Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig 30(d).  Standards §§ 4.22.4, Fig. 30(d).

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

 

t.          Dressing/Fitting Rooms.  The accessible dressing room lacks the International Symbol of Accessibility and lacks a bench.  Provide at least one accessible dressing room in this area on an accessible route with accessible signage indicating its location.  Ensure that accessible dressing rooms fitted with swinging or sliding doors contain sufficient clear floor space to allow a person using a wheelchair to make a 180-degree turn inside the room and that no door swings into any part of the turning space.  Ensure that private accessible dressing rooms fitted with curtained openings at least 32 inches wide contain either a clear space of 60 inches in diameter, or a "T" shaped turning space that complies with Fig. 3(b).  Provide a bench 24 inches by 48 inches fixed to the wall along the longer dimension and mounted between 17 and 19 inches above the finished floor to the top of the bench.  If mirrors are provided in dressing rooms of the same use, provide one full-length mirror, measuring at least 18 inches wide by 54 inches high, mounted in a position affording a view to a person on the bench as well as to a person in a standing position.  Standards §§ 4.35, 4.30, 4.26.3, 4.2, 4.3, Fig. 3.

 

u.         Unisex Single User Toilet Room- Dressing Room

(1)       The toilet room door 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(3)       The toilet room door threshold is in excess of ½ inch.  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 §§ 4.13.8, 4.5.2.

(4)       The light switch is inaccessible because the controls are mounted 56 inches above the finished floor.  Provide a light switch 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(5)       The path of travel into the room is obstructed by the door.  Provide an accessible route to the toilet room with required minimum width, passing space, head room, surface textures, slopes, and changes in level.  Standards §§ 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8.

(6)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(7)       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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

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

(9)       There is insufficient turning space within the toilet room.  Provide an unobstructed turning space at least 60 inches in diameter or a T-shaped space complying with Fig. 3(b).  Standards §§ 4.22.3, 4.2.3, Fig. 3.

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

(11)     The toilet is inaccessible because there is insufficient clear floor space.  Provide clear floor space at the toilet that complies with Fig. 28.  Standards § 4.16.2, Fig. 28.

(12)     The toilet height is 15 inches from the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(13)     The toilet centerline is 15 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

(14)     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 §§ 4.16.5, 4.27.4.

(15)     There are no grab bars provided at the toilet.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bars and the wall; and at least 1½ inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser.  Standards §§ 4.16.4, 4.26.2, Fig. 29.

 

v.         Mens' Locker Room D & A

(1)       The locker room door lacks signage.  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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2)       The locker room door requires 6 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(3)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the locker 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 § 4.28.3.

(4)       The route through the toilet room is inaccessible because there is an object that protrudes into the main walkway near the paper towels 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 § 4.4.

(5)       The bottom edge of the lavatory is 27½ 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 § 4.19.2, Fig. 31.

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

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

(8)       The shower in men's locker room D & A is inaccessible because the dimensions of the roll in shower are inadequate, the shower head is mounted too high, the controls are inaccessible, and the shower lacks grab bars.  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 § 4.21, Figs. 35, 36, 37.

(9)       The dressing room door lacks accessible signage, the dressing room mirror is inaccessible, and the bench in the dressing room is 9 inches wide and not attached to the wall.  Provide at least one accessible dressing room in this area on an accessible route with accessible signage indicating its location.  Ensure that accessible dressing rooms fitted with swinging or sliding doors contain sufficient clear floor space to allow a person using a wheelchair to make a 180-degree turn inside the room and that no door swings into any part of the turning space.  Ensure that private accessible dressing rooms fitted with curtained openings at least 32 inches wide contain either a clear space of 60 inches in diameter, or a "T" shaped turning space that complies with Fig. 3(b).  Provide a bench 24 inches by 48 inches fixed to the wall along the longer dimension and mounted between 17 and 19 inches above the finished floor to the top of the bench.  If mirrors are provided in dressing rooms of the same use, provide one full-length mirror, measuring at least 18 inches wide by 54 inches high, mounted in a position affording a view to a person on the bench as well as to a person in a standing position.  Standards §§ 4.35, 4.30, 4.26.3, 4.2, 4.3, Fig. 3.

(10)     No accessible coat hook has been provided in the dressing 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

w.        Women's Locker Room C & B

(1)       The locker room door lacks signage.  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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the locker 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 § 4.28.3.

(3)       The route through the toilet room is inaccessible because there is an object that protrudes into the main walkway near the paper towels 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 § 4.4.

(4)       The bottom edge of the lavatory is 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 § 4.19.2, Fig. 31.

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

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

(7)       The shower in women's locker room C & B is inaccessible because the dimensions of the roll in shower are inadequate, the controls are inaccessible, the shower head is mounted too high, and the shower lacks grab bars.  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 § 4.21, Figs. 35, 36, 37.

(8)       The dressing room door lacks accessible signage, no accessible mirror has been provided, and the bench in the fitting room is 9 inches wide and not attached to the wall.   Provide at least one accessible dressing room in this area on an accessible route with accessible signage indicating its location.  Ensure that accessible dressing rooms fitted with swinging or sliding doors contain sufficient clear floor space to allow a person using a wheelchair to make a 180-degree turn inside the room and that no door swings into any part of the turning space.  Ensure that private accessible dressing rooms fitted with curtained openings at least 32 inches wide contain either a clear space of 60 inches in diameter, or a "T" shaped turning space that complies with Fig. 3(b).  Provide a bench 24 inches by 48 inches fixed to the wall along the longer dimension and mounted between 17 and 19 inches above the finished floor to the top of the bench.  If mirrors are provided in dressing rooms of the same use, provide one full-length mirror, measuring at least 18 inches wide by 54 inches high, mounted in a position affording a view to a person on the bench as well as to a person in a standing position.  Standards §§ 4.35, 4.30, 4.26.3, 4.2, 4.3, Fig. 3.

 

x.         Expo Building Concessions.  The concessions counter is inaccessible because it is 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.  Standards §§ 7.2(1), 4.3.

 

y.         Field House – Locker Room #1

(1)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the locker 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 § 4.28.3.

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

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

(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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(5)       The shower in locker room #1 is inaccessible because the dimensions of the transfer shower stall measure 36 inches by 48 inches, the shower transfer seat does not extend the full depth of the wall and is mounted on the wall opposite the controls, and the controls are inaccessible.  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 § 4.21, Figs. 35, 36, 37.

(6)       The dressing room lacks accessible signage and the bench in the dressing room is 9½ inches wide.  Provide at least one accessible dressing room in this area on an accessible route with accessible signage indicating its location.  Ensure that accessible dressing rooms fitted with swinging or sliding doors contain sufficient clear floor space to allow a person using a wheelchair to make a 180-degree turn inside the room and that no door swings into any part of the turning space.  Ensure that private accessible dressing rooms fitted with curtained openings at least 32 inches wide contain either a clear space of 60 inches in diameter, or a "T" shaped turning space that complies with Fig. 3(b).  Provide a bench 24 inches by 48 inches fixed to the wall along the longer dimension and mounted between 17 and 19 inches above the finished floor to the top of the bench.  If mirrors are provided in dressing rooms of the same use, provide one full-length mirror, measuring at least 18 inches wide by 54 inches high, mounted in a position affording a view to a person on the bench as well as to a person in a standing position.  Standards §§ 4.35, 4.30, 4.26.3, 4.2, 4.3, Fig. 3.

(7)       The securable lockers require tight grasping to operate.  Provide a locker 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.  Standards § 4.27.4.

 

z.         Field House – Locker Room #2

(1)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because the locker 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 § 4.28.3.

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

(3)       The coat hook in the designated accessible stall is inaccessible.  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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The shower in locker room #2 is inaccessible because the dimensions of the transfer shower stall measure 36 inches by 48 inches, the shower transfer seat does not extend the full depth of the wall and is mounted on the wall opposite the controls, the controls are inaccessible, no shower spray unit is provided, and the shower head is mounted too high.  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 § 4.21, Figs. 35, 36, 37.

(5)       There is no accessible signage by the dressing room door and the bench in the dressing room is 9½ inches wide.  Provide at least one accessible dressing room in this area on an accessible route with accessible signage indicating its location.  Ensure that accessible dressing rooms fitted with swinging or sliding doors contain sufficient clear floor space to allow a person using a wheelchair to make a 180-degree turn inside the room and that no door swings into any part of the turning space.  Ensure that private accessible dressing rooms fitted with curtained openings at least 32 inches wide contain either a clear space of 60 inches in diameter, or a "T" shaped turning space that complies with Fig. 3(b).  Provide a bench 24 inches by 48 inches fixed to the wall along the longer dimension and mounted between 17 and 19 inches above the finished floor to the top of the bench.  If mirrors are provided in dressing rooms of the same use, provide one full-length mirror, measuring at least 18 inches wide by 54 inches high, mounted in a position affording a view to a person on the bench as well as to a person in a standing position.  Standards §§ 4.35, 4.30, 4.26.3, 4.2, 4.3, Fig. 3.

(6)       The securable lockers require tight grasping to operate.  Provide a locker 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.  Standards § 4.27.4.

 

aa.       Field House – Women's Toilet Rooms with Stalls

(1)       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), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(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 §§ 4.16.5, 4.27.

(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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

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

(6)       Although there are more than 6 stalls, there is no ambulatory stall provided.  Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig 30(d).  Standards §§ 4.22.4, Fig. 30(d).

(7)       The feminine products dispenser and disposal protrude 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 § 4.4.

(8)       The hand dryer 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 § 4.4.

 

bb.       Field House – Men's Toilet Rooms with Stalls

(1)       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), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

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

(6)       The hand dryer 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 § 4.4.

 

cc.       Field House and G Street Concession Counter

(1)       The concessions counter is inaccessible because it is 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.  Standards §§ 7.2(1), 4.3.

(2)       The ends of the counters protrude into the main walkway and would not be detectable to a blind person using a cane.  Provide an accessible route at these locations 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 § 4.4.

 

dd.       Grand Stand

(1)       There are insufficient wheelchair seating locations and no companion seats.  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 for a pair.  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), 4.5, 4.33.

(2)       Although there are 50 or more fixed seats, there is no assistive listening system.  Provide a permanently installed 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 §§ 4.30, 4.33.

(3)       In the circulation paths between aluminum bleachers, going from behind the bleachers to the front, the edges of the bleachers protrude into the main walkway and would not be detectable to a blind person using a cane.  Provide an accessible route at these locations 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 § 4.4.

 

ee.       Ramp South of Grand Stand.  The second section of the ramp has a slope of 8.5%, handrails are not provided on both sides of the ramp, and the handrail extensions on the bottom of the ramp are not level.  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; with level landings measuring at least 60 inches by 60 inches when the ramp changes direction; and edge protection that is at least 2 inches high at the drop off sides.  Provide handrails that are between 1¼ inches and 1½ inches in diameter such that the inside handrail is continuous and both handrails have a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post.  Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces.  Standards §§ 4.3.8, 4.8.

 

ff.         Grand Stand South Side Women's Toilet Room with Stalls

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§  4.28.1, 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 § 4.19.6. 

(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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

gg.       Grand Stand South Side Men's Toilet Room with Stalls

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(5)       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 §§ 4.16.5, 4.17.2, 4.27.4.

 

hh.       Family Fun Center – Bumper Cars.  There is no accessible route to the bumper cars.  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 §§ 4.3, 4.5, Fig. 7.

 

ii.         Family Fun Center – Women's Toilet Room at Game Room

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

(2)       The toilet room door is inaccessible because the pressure required to open the door is 13 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(3)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(5)       The lavatory is inaccessible because the bottom edge of the lavatory is mounted 24½ 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 § 4.19.2, Fig. 31.

(6)       The stall door requires tight twisting or grasping to operate.  Provide a stall door 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 § 4.27.4.

(7)       The toilet is inaccessible because its centerline is 30 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.16.2, Fig. 28.

(8)       The toilet is inaccessible because the flush control is on the closed side and is too high.  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 §§ 4.16.5, 4.27.4.

(9)       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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(10)     The toilet paper dispenser is inaccessible because it is mounted opposite the grab bar on the wrong wall.  Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor.  Standards § 4.16.6, Fig. 29(b).

(11)     The far end of the side grab bar is mounted 43 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

(12)     There is no rear grab bar provided.  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 §§ 4.17.6, 4.26.2, Fig. 30.

 

jj.         Family Fun Center – Men's Toilet Room at Game Room

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

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

(3)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(5)       The lavatory is inaccessible because the bottom edge of the lavatory is mounted 24½ 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 § 4.19.2, Fig. 31.

(6)       The designated accessible lavatory is inaccessible because a chair blocks access to it.  Provide an accessible lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory.  Standards § 4.19.3, Fig. 32.

(7)       The stall door requires tight twisting or grasping to operate.  Provide a stall door 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 § 4.27.4.

(8)       The toilet is inaccessible because its centerline is 30 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.16.2, Fig. 28.

(9)       The toilet is inaccessible because the flush control is on the closed side and is too high.  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 §§ 4.16.5, 4.27.4.

(10)     The toilet paper dispenser is inaccessible because it is mounted opposite the grab bar on the wrong wall.  Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor.  Standards § 4.16.6, Fig. 29(b).

(11)     The far end of the side grab bar is mounted 42 inches from the side 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

(12)     There is no rear grab bar provided.  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 §§ 4.17.6, 4.26.2, Fig. 30.

 

kk.       Family Fun Center – Game Room Concession Counter.  The concessions counter is inaccessible because it is mounted 41 inches above the finished floor at the window. 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 §§ 7.2(1), 4.3.

 

14.       Within 3 years of the effective date of the Agreement, the City will complete the following modifications to the Boutwell Auditorium, located at 1900 8th Street, Birmingham, Alabama:

 

a.         Drinking Fountain.  The drinking fountain is inaccessible because the 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 §§ 4.15.4, 4.27.4.

 

b.         Telephone.  The telephone is mounted too high, and the shelf is too high.  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 §§ 4.31, 4.30.7(2).

 

c.         Men's and Women's Lobby Toilet Rooms with Stalls.  There is no signage directing people with disabilities to the accessible toilet rooms being constructed on the 2nd floor.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms.  Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

 

d.         Main Level Seating Area

(1)       The ramp to the main level seating area slopes 12.5%.  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.  Standards §§ 4.3.8, 4.8.

(2)       The main level seating area has no wheelchair seating locations.  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), 4.5, 4.33.

 

e.         Elevator.  The emergency communications require voice communication.  Provide a two-way communication system such that it does not require voice communication.  Standards § 4.10.14.

 

f.          Exhibit Hall Second Floor Unisex Single-User Toilet Room

(1)       The pressure required to open the door is 12 pounds of force.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(2)       The door to the toilet room is inaccessible because the locking mechanism on the door requires tight grasping, pinching, or twisting of the wrist to operate.  Provide a door with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist.  Lever-operated, push-type, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

(3)       The bottom edge of the lavatory apron is 26½ inches above the finished floor and the knee and toe clearance is 20 inches.  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 § 4.19.2, Fig. 31.

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

(5)       The toilet height is 16 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(6)       The toilet 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 §§ 4.16.5, 4.27.4.

 

15.       Within 2 years of the effective date of the Agreement, the City will complete the following modifications to the Central Park Rec Center, located at 4700 Terrace Q, Birmingham, Alabama:

 

a.         Parking.  Although there are 21 parking spaces with 2 spaces designated as reserved for persons with disabilities, there is no "van accessible" space.  On the shortest accessible route to the accessible entrance, provide 1 van accessible 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), 4.6, 4.30.7(1).

 

b.         Ramp From Front of Building.  There is a space of 2 inches between the handrails and the wall.  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 § 4.8.5.

 

c.         Alarms.  Although there are audible alarms, some of the rooms have no visual alarms.  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 § 4.28.3.

 

d.         Women's Toilet Room with Stalls

(1)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(2)       The paper towel dispenser 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 § 4.4.

(3)       The toilet in the designated accessible stall is inaccessible because there is insufficient clear floor space and it is obstructed by the lavatory.  Provide clear floor space that complies with Fig. 30 at the toilet.  Standards § 4.17.3, Fig. 30.

(4)       The toilet centerline is 19 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

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

(7)       The overall length of the rear grab bar is 24 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; 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 §§ 4.17.6, 4.26.2, Fig. 30.

 

e.         Men's Toilet Room with Stalls

(1)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(2)       The paper towel dispenser 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 § 4.4.

(3)       The toilet in the designated accessible stall is inaccessible because there is insufficient clear floor space and is obstructed by the lavatory.  Provide clear floor space that complies with Fig. 30 at the toilet.  Standards § 4.17.3, Fig. 30.

(4)       The toilet centerline is 19 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

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

(7)       The toilet 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 §§ 4.16.5, 4.17.2, 4.27.4.

(8)       The overall length of the rear grab bar is 24 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; 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 §§ 4.17.6, 4.26.2, Fig. 30.

 

f.          Ramp to the Preschool.  The handrails are not rounded or returned smoothly to the floor, wall or post, the handrails are 2¼ inches wide, there are no level extensions, and there is a space of 2 inches between the handrail and the wall.  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 § 4.8.5.

 

g.         Picnic Pavilion/Ball Fields

(1)       The surface of the accessible route through the park to the picnic pavilions and bleachers is inaccessible because it is not firm, stable and slip resistant, and a paved portion of the route to the bleachers slopes 13.5%.  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 §§ 4.3, 4.5, Fig. 7.

(2)       The concessions 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.  Standards §§ 7.2(1), 4.3.

(3)       The air conditioner unit attached to the concession stand 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 § 4.4.

(4)       The route to the ball fields 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 §§ 4.3, 4.5, Fig. 7.

 

h.         Playground.  There is no accessible route to the playground equipment.  Provide at least one accessible route to the playground equipment 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 §§ 4.3, 4.5, Fig. 7.

 

i.          Tennis Courts.  There is a 1½ inch rise at the entrance to the tennis courts.  Provide at least one accessible route onto 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 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 §§ 4.3, 4.5, Fig. 7.

 

16.       Within 3 years of the effective date of the Agreement, the City will complete the following modifications to the Wiggins Park, Library and Rec Center, located at 3301 Jefferson Avenue, SW, Birmingham, Alabama:

 

a.         Parking

(1)       Although there are 46 parking spaces with 2 designated as reserved for persons with disabilities, there is no "van accessible" space, and the existing access aisle is not level and is too narrow.  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), 4.6, 4.30.7(1).

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

 

b.         Library

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

(2)       The maximum reach of card catalogs and magazine displays exceed 54 inches above the finished floor.  Provide a card catalog and magazine display with a minimum of 36 inches of clear width between units and with reach ranges of between 18 inches and 54 inches (maximum height of 48 inches is preferred) above the finished floor.  Standards § 8.4, Fig. 55.

(3)       The computer station does not provide adequate knee clearance.  Provide a computer on a table or counter that has clear floor space that is 30 inches wide and 48 inches deep, knee clearance at least 27 inches high, 30 inches wide, and 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor.  Standards §§ 4.2.4.1, 4.32.

 

c.         Library Drinking Fountain Near Men's Toilet Room

(1)       The drinking fountain has a spout that is 41 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 §§ 4.15, 4.27.4, Fig. 27.  Alternatively, as a program access measure, provide a cup dispenser and cups on an accessible route and within accessible reach ranges.

(2)       The drinking fountain is inaccessible because the controls require 11 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 §§ 4.15.4, 4.27.4.

 

d.         Library Men's Toilet Room with Stalls

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(4)       The top of the lavatory counter is 37 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 § 4.19.2, Fig. 31.

(5)       The lavatory hardware required tight grasping, pinching or turning 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 §§ 4.19.5, 4.27.4.

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

 

e.         Library Women's Toilet Room with Stalls

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(3)       The toilet room door swings into the required clear floor space at the lavatory.  Ensure that no door swings into the required clear floor space at any accessible fixture.  Standards § 4.22.2.

(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 § 4.19.6.

(5)       The lavatory is inaccessible because the top of the lavatory counter is mounted 35 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 § 4.19.2, Fig. 31.

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

(7)       The lavatory is inaccessible because the hardware requires twisting 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 §§ 4.19.5, 4.27.4.

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

 

17.       Within 3 years of the effective date of the Agreement, the City will complete the following modifications to the Wiggins Rec Center, located at 3301 Jefferson Avenue, SW, Birmingham, Alabama:

 

a.         Drinking Fountain by the Toilet Rooms.  The spout is 45 inches high, the water height is 3 inches, the pressure required to operate the controls is 10 pounds of force, the knee space height is 21 inches above the finished floor and the steps block the clear floor space.  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 §§ 4.15, 4.27.4, Fig. 27.

 

b.         Women's Toilet Room with Stalls

(1)       The pressure required to open the door is 10½ pounds of force.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(2)       The interior of the door, which is accessed through a front approach, has only 9 inches of clearance on the latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

(3)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(5)       The toilet room door swings into the required clear floor space at the paper towel dispenser and lower lavatory.  Ensure that no door swings into the required clear floor space at any accessible fixture.  Standards § 4.22.2.

(6)       The top of the lavatory counter is 35 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 § 4.19.2, Fig. 31.

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

(8)       The lavatory is inaccessible because the hardware requires twisting 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 §§ 4.19.5, 4.27.4.

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

 

c.         Men's Toilet Room with Stalls

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

(2)       The interior of the door, which is accessed through a front approach, has only 9 inches of clearance on the latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

(3)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(5)       The top of the lavatory counter is 36 inches above the finished floor and the bracket under the lavatory blocks the knee space.  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 § 4.19.2, Fig. 31.

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

(7)       The lavatory is inaccessible because the hardware requires twisting 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 §§ 4.19.5, 4.27.4.

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

 

18.       Within 3 years of the effective date of the Agreement, the City will complete the following modifications to the Wiggins Park Swimming Pool, located at 3301 Jefferson Avenue, SW, Birmingham, Alabama:

 

a.         Men's Locker Room

(1)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(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 § 4.19.6.

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

(4)       The lavatory is inaccessible because the hardware requires twisting 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 §§ 4.19.5, 4.27.4.

(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 §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

(6)       The roll-in shower is improperly configured.  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 § 4.21, Figs. 35, 36, 37.

 

b.         Women's Locker Room

(1)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(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 § 4.19.6.

(3)       The top of the lavatory counter is 35 inches above the finished floor and the clear floor space is not centered on the lavatory.  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 § 4.19.2, Fig. 31.  

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

(5)       The lavatory hardware requires tight grasping, pinching or twisting 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 §§ 4.19.5, 4.27.4.

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

(7)       The roll-in shower is improperly configured.  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 § 4.21, Figs. 35, 36, 37.

 

19.       Within 1 year of the effective date of the Agreement, the City will complete the following modifications to the Ensley Park, located 2800 Avenue Q, Birmingham, Alabama:

 

a.         Parking.  Although there are 57 parking spaces, there are only 2 spaces reserved for people with disabilities, and neither space has an access aisle.  On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space and 2 standard spaces 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), 4.6, 4.30.7(1).

 

b.         Accessible Route

(1)       The curb ramp is inaccessible because the slope of the flared sides is 45 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 § 4.3.8, 4.7, Fig. 12.

(2)       There are no accessible routes to the playground, baseball, soccer, football field, Bronco field house, picnic pavilion, or tennis court 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 §§ 4.3, 4.5, Fig. 7.

 

c.         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 §§ 4.32.3, 4.32.4.

 

d.         Drinking Fountain by Tennis Courts.  The drinking fountain uses a foot control and the water flow is more than 3 inches from the front of the fountain.  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 §§ 4.15, 4.27.4, Fig. 27.

 

e.         Men's Toilet Room with Stalls

(1)       The centerline of the accessible sign is 67 inches above the finished floor.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(3)       The paper towel dispenser is mounted with the controls 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

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

 

f.          Women's Toilet Room with Stalls

(1)       The toilet room sign is mounted 67 inches above the finished floor.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

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

(3)       The paper towel dispenser is mounted with the controls 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

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

 

20.       Within 2 years of the effective date of the Agreement, the City will complete the following modifications to the Carver Theater, located 1628 4th Avenue, Birmingham, Alabama:

 

a.         Historic Terrazzo Floor Entrance.  There is a slope of 3.5% within the door's required maneuvering clearance in the vestibule.  Provide a door so that the floor or ground area within the required clearances is level and clear, or provide an automatic door opener.  Standards § 4.13.6, Fig. 25.

 

b.         Ticket Counter.  The counter outside the ticket office is inaccessible because it is 43 inches high.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 7.2(2), 4.3.

 

c.         Concession Counter.  The lower concession counter is less than 36 inches long.  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 §§ 7.2(1), 4.3.

 

d.         Accessible Route into 1st Floor Museum.  The ramp does not have handrails on both side, and the single handrail provided is mounted between 48 and 40 inches above the ramp surface, does not have extensions, does not have ends that are rounded or returned smoothly to the floor, wall or post, and has a diameter of 2½ inches.  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 § 4.8.5.

 

e.         Although the facility contains an emergency alarm system, there is no visual alarm provided in the lobby.  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 § 4.28.3.

 

f.          1st Floor Public Telephone.  The telephone is inaccessible because there is no lower telephone provided, the highest operable part is mounted 56 inches above the finished floor, the phone is not hearing aid compatible and there is no volume control.  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 §§ 4.31, 4.30.7(2).

 

g.         Elevator

(1)       The hall lantern visual signals are not visable from the vicinity of the hall call buttons.  Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call.  Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say "up" or "down;" and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button.  Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable.  Standards § 4.10.4, Fig. 20.

(2)       The door to the emergency communications requires tight grasping or pinching to open.  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 § 4.10.14.

 

h.         2nd Floor Ramp.  The ramp does not have handrails on both sides, the existing handrail is 33 inches above the finished floor, and lacks 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, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards § 4.8.5.

 

i.          2nd Floor Drinking Fountain

(1)       The drinking fountain has a spout that is 41 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 §§ 4.15, 4.27.4, Fig. 27.

(2)       The drinking fountain is inaccessible because the pressure required to operate the controls exceeds 5 pounds of force.  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 §§ 4.15.4, 4.27.4.

(3)       The drinking fountain is inaccessible because it lacks adequate knee space height, width and depth and does not allow for a front approach..  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 § 4.15.5(1), Figs. 27(a), (b). Alternatively, as a program access measure, provide a cup dispenser and cups on an accessible route and within accessible reach ranges.

 

j.          2nd Floor Single-User Toilet Rooms

(1)       The men's and women's single user toilet rooms are not accessible because the door swings into the lavatory thereby making the width of the entrance 29 inches.  Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist.  Lever-operated, push-type, and U-shaped handles are acceptable designs.  Standards §§ 4.13.5, 4.13.9.

(2)       There is no directional signage directing persons to the accessible toilet rooms.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms.  Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

 

k.         Theater

(1)       There is no accessible route connecting the wheelchair seating areas and the stage.  Provide an accessible route connecting the wheelchair seating locations to all spaces used by performers.  Standards §§ 4.3, 4.33.5.

(2)       The wheelchair seating area has a slope of 16%, and there are no fixed companion seats.  Provide 6 wheelchair seating areas, 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), 4.5, 4.33.

(3)       Although there are more than 50 fixed seats, there is no assistive listening system.  Provide a permanently installed 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 16 receivers for use by the general public and signage indicating their availability.  28 C.F.R. 35.160; Standards §§ 4.30, 4.33.

 

l.          1st Floor Drinking Fountain

(1)       The drinking fountain has a spout that is 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 §§ 4.15, 4.27.4, Fig. 27. Alternatively, as a program access measure, provide a cup dispenser and cups on an accessible route and within accessible reach ranges.

(2)       The drinking fountain 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 § 4.4.

 

m.        1st Floor Unisex, Single-User Toilet Room

(1)       The toilet room sign is not mounted on the latch side of the door.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 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 § 4.19.6.

(4)       The top of the lavatory counter is 36½ 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 § 4.19.2, Fig. 31.

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

(6)       The toilet 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 §§ 4.16.5, 4.27.4.

(7)       The toilet paper dispenser is inaccessible because it is mounted 45 inches from the rear wall.  Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor.  Standards § 4.16.6, Fig. 29(b).

(8)       The overall length of the rear grab bar is 12 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; 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 §§ 4.17.6, 4.26.2, Fig. 30.         

 

21.       Within 1 year of the effective date of this Agreement, the City will complete the following modifications to the Woodward Park - Hemphill Recreation Center, located at 712 12th St. SW, Birmingham, Alabama:

 

a.         Parking

(1)       There are 22 total spaces and 1 accessible space, but no van accessible sign.  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 §§ 4.6.4, 4.30.7(1).

(2)       The curb ramp in the smaller parking lot near the pool has flared sides that are too steep.  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 § 4.3.8, 4.7, Fig. 12.

 

b.         Exterior Entrance.  There are two entrances to the recreation center, one of which is accessible.  There is no directional signage at the inaccessible entrance.  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), 4.13, 4.30.

 

c.         Counter.  The counter outside the main entrance is inaccessible because it is mounted 42 inches above the finished floor and is not on an accessible route.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 7.2(2), 4.3.

 

d.         Playground

(1)       The route to the play equipment 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 §§ 4.3, 4.5, Fig. 7.

(2)       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.

 

e.         Exterior Routes

(1)       There is no accessible route to the basketball court or baseball field bleachers or drinking fountain.  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 §§ 4.3, 4.5, Fig. 7.

(2)       Portions of the route to the pool slope more than 5% without being constructed as a ramp, and one portion slopes as much as 12.7%, while other portions have a cross slope of 4%.  Provide at least one accessible route to the pool 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 §§ 4.3, 4.5, Fig. 7.

                                   

22.       Within 1 year of the effective date of this Agreement, the City will complete the following modifications to the Slossfield Branch Library,  located at 1916 25th Court, Birmingham, Alabama:

 

a.         Parking.  There is no vertical signage identifying the van accessible space.  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 §§ 4.6.4, 4.30.7(1).

 

b.         Ramp from Parking to Entrance.  The ramp is 35 inches wide and the handrails are not stable at the bottom.  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 §§ 4.3.8, 4.8.

 

c.         Entrance.  The entrance door is inaccessible because there is a 1 inch change in level at the threshold to the door.  Provide an accessible door with a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

d.         Visual Alarms.  Although audible alarms are provided in this facility, there are no visual alarms.  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 § 4.28.3.

 

e.         Drinking Fountain Near Toilet Rooms

(1)       The wall-mounted drinking fountain has only 25¾ inches of knee clearance.  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 § 4.15.5(1), Figs. 27(a), (b). Alternatively, as a program access measure, provide a cup dispenser and cups on an accessible route and within accessible reach ranges.

(2)       Although a lower 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).

 

f.          Women's Single User Toilet Room

(1)       The door requires 11 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(2)       The toilet room door swings into the required clear floor space at the lavatory.  Ensure that no door swings into the required clear floor space at any accessible fixture.  Standards § 4.22.2.

(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 §§ 4.16.5, 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(5)       The toilet paper dispenser is inaccessible because it is mounted 50 inches from the rear wall.  Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor.  Standards § 4.16.6, Fig. 29(b).

 

g.         Men's Single User Toilet Room

(1)       The toilet room door swings into the required clear floor space at the lavatory.  Ensure that no door swings into the required clear floor space at any accessible fixture.  Standards § 4.22.2.

(2)       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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(3)       The toilet paper dispenser is inaccessible because it is mounted 50 inches from the rear wall.  Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor.  Standards § 4.16.6, Fig. 29(b).

(4)       The closer end of the side grab bar is 13 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

 

23.       Within 2 years of the effective date of this Agreement, the City will complete the following modifications to the East Lake Park located at: 408 82nd Street, North, Birmingham, Alabama:

 

a.         Picnic Pavilion

 

(1)       Parking:  Although there are 76 parking spaces, only 2 are designated for persons with disabilities and neither of them are designated as "van-accessible."  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), 4.6, 4.30.7(1).

 

(2)       Counter.  The concession/equipment check out counter off the main picnic pavilion is inaccessible because it is 42 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor.  Standards §§ 7.2(1), 4.3.

 

(3)       Drinking Fountain

(a)       Although a drinking fountain is provided, there is no accessible drinking fountain because the spout is mounted 42 inches above the finished floor, the water height is less than 4 inches and the controls require 10 pounds of force to operate.  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 §§ 4.15, 4.27.4, Fig. 27.

(b)       The drinking fountain 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 § 4.4.

 

(4)       Women's Toilet Room with Stalls

(a)       The signage is painted on the brick wall and is not accessible to persons with visual impairments.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(b)       The route through the toilet room is inaccessible because the paper towel dispenser protrudes 6½ 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 § 4.4.

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

(d)       Although the other toilet stalls have privacy doors, the "standard" accessible toilet stall does not.  Provide a standard accessible toilet stall with the same amenities provided in the other stalls.  28 C.F.R § 35.130(b)(1)(ii).                                          

(e)       The toilet is inaccessible because the top of the seat is 16 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(f)        The toilet is inaccessible because its centerline is 20½  inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

 

(5)       Men's Toilet Room with Stalls

(a)       The signage is painted on the brick wall and is not accessible to persons with visual impairments.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(b)       The route through the toilet room is inaccessible because the paper towel dispenser protrudes 6½ 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 § 4.4.

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

(d)       The lavatory is inaccessible because the hardware requires twisting 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 §§ 4.19.5, 4.27.4.

(e)       The designated accessible toilet is not behind stall partitions, although all other toilets are.  Provide a standard accessible toilet stall with the same amenities provided in the other stalls.  28 C.F.R § 35.130(b)(1)(ii).

(f)        The toilet is inaccessible because the top of the seat is 21 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(g)       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 §§ 4.16.5, 4.17.2, 4.27.4.

(h)       There is no side grab bar provided.  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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

 

b.         Shepherd's Center Senior Center

 

(1)       Parking.  Although there is a total of 55 parking spaces, only 2 are designated for persons with disabilities.  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.  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), 4.6, 4.30.7(1).

 

(2)       Accessible Routes

(a)       There is no accessible route to the picnic platform in front of one of the accessible parking spaces, as it is 6 inches above the terrain.  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 §§ 4.3, 4.5, Fig. 7.

(b)       The route from the right-hand accessible parking space to the front entrance of the senior center is blocked the placement of a barrel-style trash can.  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 §§ 4.3, 4.5, Fig. 7.

 

(3)       Coat Hooks.  No accessible coat hooks are provided throughout the facility.  Wherever coat hooks are 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

(4)       Shelves.  The shelves throughout the facility protrude into the main route and are not cane-detectable to persons who are blind.  Many are mounted with the bottom leading edge at 64 inches and protrude out 9 inches from the wall. Provide an accessible route at these locations 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 § 4.4.

 

(5)       Doors.  The doors throughout the facility have knob hardware.  Provide doors with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate.  Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

 

(6)       Signage.  The permanent room signage throughout the facility is not accessible to persons who are blind or who have low vision.  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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

(7)       Alarms.  Although audible alarms are provided, there are no visual alarms throughout the facility.  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 § 4.28.3.

 

(8)       Drinking Fountain.  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).

 

(9)       Men's Toilet Room with Stalls

(a)       The door requires 24 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

 

(10)     Women's Toilet Room with Stalls

(a)       The door requires 29 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(b)       The paper towel dispenser 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 § 4.4.

(c)       The toilet in the designated accessible stall 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 §§ 4.16.5, 4.17.2, 4.27.4.

 

c.         Pool.  The men's and women's toilet/shower rooms have entrance doors that provide only 29 inches of clear opening width and a route into the rooms that would not allow passage by a person in a wheelchair.  Provide an accessible toilet/shower room such that all of the room's elements, including signage, door, door hardware, clear floor space, shower stall, shower spray unit, water closet, stall size and arrangement, stall door, grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Alternatively, provide a programmatic solution that would provide full access to a pool nearby and all of its amenities for people with disabilities.  Standards §§ 4.13, 4.16, 4.17, 4.19, 4.21, 4.26, 4.27, 4.30, Fig. 30.

 

24.       Within 3 years of the effective date of this Agreement, the City will complete the following modifications to the Linn-Henley Library, located at 2100 Park Place, Birmingham, Alabama:

 

a.         Signage.  None of the permanent room signs are accessible to persons with visual impairments, except those of some toilet rooms.  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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

b.         1st Floor Telephone.  The pay phone lacks volume control.  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 §§ 4.31, 4.30.7(2).

 

c.         Second Floor Ramp Before Entering the Skybridge to the Central Library.  The portion of the ramp closest to the skybridge has a slope of 10.51%, there are 2 inches between the handrail and the wall, and the diameter of the handrail is 1 inch.  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 §§ 4.3.8, 4.8.

 

d.         Elevator Farthest from Central Library

(1)       The elevator is not equipped so that it signals once for up and twice for down, or by voice.  Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call.  Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say "up" or "down;" and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button.  Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable.  Standards § 4.10.4, Fig. 20.

(2)       The emergency control handset cord is 14 inches long and the door to the emergency controls require tight grasping or pinching to operate.  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 § 4.10.14.

(3)       The emergency controls do not work without voice communication, as it rings into 9-1-1, but the user has to announce the location and type of emergency, or 9-1-1 operators cannot respond.  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 § 4.10.14.

 

e.         Elevator Closest to Central Library

(1)       After reopening in response to an obstruction, the door stays open 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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(2)       The door to the emergency communications does not operate without tight grasping or pinching and the emergency communications do not work without voice communication, as it rings into 9-1-1, but the user has to announce the location and type of emergency, or 9-1-1 operators cannot respond.  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 § 4.10.14.

 

f.          Arrington Hall Auditorium (3rd Floor)

(1)       The door requires 12 pounds of force to operate.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(2)       The raised dias is inaccessible because there are 2 steps blocking access.  Install a ramp or platform lift in compliance with the Standards or establish a procedure for providing access to this area.  Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances.  Standards §§ 4.33.5, 4.3.8, 4.8, 4.11.

(3)       There is no signage informing the public of the availability of an assistive listening system.  Provide accessible signage indicating the availability of the assistive listening system.  28 C.F.R. 35.160; Standards §§ 4.1.3(19)(b), 4.30.

 

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

 

h.         Stairs.  The underside of the stairs in the basement is not cane-detectable and poses a hazard to persons who have visual impairments.  Provide an accessible route at this location with a minimum of 80 inches of clear head room throughout.  If the vertical clearance is reduced to less than 80 inches at any point, provide a barrier.  Standards § 4.4.2, Fig. 8©-1).

 

i.          None of the toilet rooms in this facility are accessible to persons with disabilities.  Provide at least one toilet room per gender (or one unisex 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 §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms.  Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

 

25.       Within 3 years of the effective date of this Agreement, the City will complete the following modifications to the Birmingham Civil Rights Institute (BCRI), located at 1514 5th St., Birmingham, Alabama:

 

a.         Exterior Entrance and Doors at the Main BCRM Entrance

(1)       The building is inaccessible because there is no directional signage indicating the location of the ramp leading to the accessible entrance.  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), 4.1.3(16)(b), 4.13, 4.30.

(2)       There is no directional signage indicating the location of the accessible seating area inside the theater.  Provide accessible directional signage with the International Symbol of Accessibility at the entrances directing users to the accessible seating area, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances.  Standards §§ 4.1.3(8)(d), 4.1.3(16)(b), 4.13, 4.30.

 

b.         Exterior entrance doors at the Gift shop

(1)       The building is inaccessible because there is no directional signage indicating location of the accessible entrance leading to the Gift shop.  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), 4.1.3(16)(b), 4.13, 4.30.

(2)       The retail counter at the Gift shop is inaccessible because the counter is 39 inches high.  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 §§ 7.2(1), 4.3.

 

c.         Ramp to "Confrontation" Gallery.  The ramp is inaccessible because only one handrail is provided.  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 §§ 4.3.8, 4.8.

 

d.         Ramp to "Movement" Gallery.  The ramp is inaccessible because only one handrail is provided.  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 §§ 4.3.8, 4.8.

 

e.         Elevator

(1)       The elevator is inaccessible because the signals are not visible from the area of hall call buttons.  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 § 4.10.13.

(2)       The elevator is inaccessible because, although emergency communications are provided, the system does 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 § 4.10.14.

 

f.          Drinking Fountain.  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).

 

g.         The Men's and Women's Toilet Rooms with Stalls: There is no signage directing people with disabilities to the accessible single user toilet rooms.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms.  Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.  Additionally, in the toilet rooms with stalls, although an audible alarm is provided in this facility, there are no visual alarm appliances in these toilet rooms.  In each, provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

 

h.         Library.  The card catalog is inaccessible because the height of the catalog is 69 inches.  Provide a card catalog with a minimum of 36 inches of clear width between units and with reach ranges of between 18 inches and 54 inches (maximum height of 48 inches is preferred) above the finished floor.  Standards § 8.4, Fig. 55.  Alternatively, provide a program access solution.

 

i.          Drinking Fountain.  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).

 

j.          Emergency Exit Near the Board Room.  The Emergency Exit only sign is inaccessible because the sign is located on the door.  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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

k.         Telephone in the break room.  The telephone located in the break room is inaccessible because highest operable part is 56 inches above the finished floor.  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 §§ 4.31, 4.30.7(2).

 

26.       Within 3 years of the effective date of this Agreement, the City will complete the following modifications to the Birmingham Civil Rights Institute (BCRI) - Administration Office.

 

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

 

b.         Fire Extinguisher Cabinets.  The  wall-mounted fire extinguisher cabinets located near the community meeting room protrudes more than 4 inches into the circulation path 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 § 4.4.

 

c.         Assembly Area  - Rev. Abraham Woods Jr. Community Meeting Room.  There is no accessible route connecting the wheelchair seating areas and the route to the stage.  Provide an accessible route connecting the wheelchair seating locations to all spaces used by performers.  Standards §§ 4.3, 4.33.5.

 

d.         Archives and Education Area Women's Single User Toilet Room

(1)       The toilet room door swings 38 inches into the required clear floor space at the lavatory.  Ensure that no door swings into the required clear floor space at any accessible fixture.  Standards § 4.22.2.  Alternatively, provide an accessible door lock.

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(3)       The path of travel into the toilet room is inaccessible because the wall-mounted paper towel dispenser protrudes 9 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 § 4.4.

(4)       The toilet is inaccessible because the top of the seat is 21 inches above the finished floor.  Provide a toilet with a seat that measures 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

 

e.         Archives and Education Area Men's Single User Toilet Room

(1)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.

(2)       The toilet is inaccessible because the top of the seat is 21 inches above the finished floor.  Provide a toilet with a seat that measures 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(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 §§ 4.16.5, 4.17.2, 4.27.4.

 

f.          Ramp from Archives and Education Area to Gift Store.  The ramp is inaccessible because the handrails are 32 inches above the ramp surface and the space between the wall and the handrail is 4 inches.  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 § 4.8.5.

 

g.         General Admission to the Birmingham Civil Rights Institute.

(1)       Entrance Ramp.  The ramp is inaccessible because the handrails are 31½  inches above the ramp surface.  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 § 4.8.5.

 

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

 

27.       Within 1 year of the effective date of the Agreement, the City will complete the following modifications to the North Birmingham Recreation Center and Park, located at 3501 28th Street North, Birmingham, Alabama:

 

a.         Parking

(1)       There is no van accessible parking space provided.  On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space designated as reserved for people with disabilities.  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), 4.6, 4.30.7(1).

(2)       The parking spaces reserved for persons with disabilities at the Recreation Center are not located on the shortest accessible route to the accessible facility entrance.  Provide fully accessible parking that is located on the shortest accessible route to an accessible pedestrian entrance to the facility.  Standards § 4.6.2.

(3)       The parking space designated as reserved for people with disabilities at the pavilion has no access aisle.  At each standard accessible space, provide an access aisle at least 60 inches wide.  At each van accessible space, provide an access aisles at least 96 inches wide.  Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6.3, Fig. 9.

 

b.         Play Equipment.  There is no accessible route to the playground equipment.  Provide at least one accessible route to the playground equipment 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 §§ 4.3, 4.5, Fig. 7.

 

c.         Accessible Routes

(1)       The routes to the large pavilion, the benches, and the drinking fountains are inaccessible because the surface is not firm, stable and slip resistant.  Provide at least one accessible route to each of 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 §§ 4.3, 4.5, Fig. 7.

(2)       A legally parked vehicle can block access to the route to the tennis courts.  Provide an unobstructed accessible route to the tennis courts.  Standards §§ 4.3, 4.5

 

d.         Exterior Drinking Fountains.  The drinking fountains are operated with foot controls. Provide accessible drinking fountains equal in number to 50% of the total number of fountains, each 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 §§ 4.15, 4.27.4, Fig. 27.

 

e.         Baseball Fields

(1)       The baseball bleachers have no wheelchair seating provided.  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), 4.5, 4.33.

(2)       The route from the baseball dugout to the home bleachers and ball field 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 §§ 4.3, 4.5, Fig. 7.

 

f.          Women's Single-User Toilet Rooms by Tennis Courts

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

(2)       The lavatory is inaccessible because the bottom edge is 23 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 § 4.19.2, Fig. 31.

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

(4)       The paper towel dispenser is inaccessible because the controls are mounted 62 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(5)       The toilet is inaccessible because there is insufficient clear floor space.  Provide clear floor space at the toilet that complies with Fig. 28.  Standards § 4.16.2, Fig. 28.

(6)       The toilet is inaccessible because the top of the seat is 15 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards § 4.16.3, Fig. 29(b).

(7)       The toilet is inaccessible because its centerline is 16 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.16.2, Fig. 28.

(8)       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 §§ 4.16.5, 4.27.4.

(9)       The toilet is inaccessible because there is insufficient clear floor space.  Provide clear floor space at the toilet that complies with Fig. 28.  Standards § 4.16.2, Fig. 28.

(10)     The side grab bar at the toilet is 49 inches from the far end to 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 § 4.16.4, Fig. 29(b).

 

g.         Men's Single-User Toilet Rooms by Tennis Courts

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

(2)       The toilet is inaccessible because there is insufficient clear floor space.  Provide clear floor space at the toilet that complies with Fig. 28.  Standards § 4.16.2, Fig. 28.

(3)       The toilet is inaccessible because the top of the seat is 15 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards § 4.16.3, Fig. 29(b).

(4)       The toilet is inaccessible because its centerline is 16 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.16.2, Fig. 28.

(5)       The toilet is inaccessible because there is insufficient clear floor space.  Provide clear floor space at the toilet that complies with Fig. 28.  Standards § 4.16.2, Fig. 28.

 

h.         Entrance to Recreation Center

(1)       The ramp to the Recreation Center entrance is inaccessible because the landing at the top is 52 inches long and there are no handrails provided.  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 §§ 4.3.8, 4.8.

(2)       Each leaf of the double leaf entrance door has an opening width of only 31 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.  Alternatively, provide an automatic door opening device that opens both doors simultaneously.

(3)       The entrance door has a level maneuvering clearance that is only 52 inches deep.  Provide a door so that the floor or ground area within the required clearances is level and clear.  Standards § 4.13.6, Fig. 25.

 

i.          Recreation Center Hall Drinking Fountain.  The spout is 42 inches above the finished floor, there is no knee space provided, the steps block the clear floor space, the water flow is only 1 inch high and 4 inches from the front of the fountain, and the controls require 13 pounds of force to operate.  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.  Alternatively, provide a cup dispenser and cups on an accessible route and at an accessible height.  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 §§ 4.15, 4.27.4, Fig. 27.

 

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

 

k.         Recreation Center Toilet Rooms with Stalls.  The men's and women's toilet rooms contain a number of inaccessible elements and are not accessible to people with disabilities.  Provide an accessible toilet room such that all of the room's elements, including signage, door, door hardware, clear floor space, water closet, stall size and arrangement, stall door, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.18, 4.19, 4.26, 4.27, 4.30, Fig. 30.

 

28.       Within 1 year of the effective date of the Agreement, the City will complete the following modifications to the Norwood Community Center, located at 1325 27th Street North, Birmingham, Alabama:

 

a.         Parking

(1)       The parking reserved for persons with disabilities lacks appropriate signage.  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 §§ 4.6.4, 4.30.7(1).

(2)       The designated accessible parking spaces and access aisles have slopes of 3.3% to 3.6% and cross slopes of 2.9% to 3.4%.  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 §§ 4.3.6, 4.5.1, 4.6.3.

(3)       There is no van accessible space provided.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space a minimum of 96 inches wide, served by an access aisle at least 96 inches wide, with a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

 

b.         Playground.  There is no accessible route to the playground equipment.  Provide at least one accessible route within to the playground equipment 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 §§ 4.3, 4.5, Fig. 7.

 

29.       Within 2 year of the effective date of the Agreement, the City will complete the following modifications to the North Precinct Station, located at 2600 31st Avenue North, Birmingham, Alabama:

 

a.         Parking.  There is no van accessible parking space provided.  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)(b), 4.6, 4.30.7(1).

 

b.         Curb Cut

(1)       The slope of the flared sides of the curb cut exceeds the 1:10 maximum slope.  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 § 4.3.8, 4.7, Fig. 12.

(2)       A legally parked vehicle can block access to the curb cut.  Provide an unobstructed accessible route from the parking to the entrance.  Standards §§ 4.3, 4.5

 

c.         Signage.  The signage provided is inaccessible because not all of the permanent room number signs have raised or 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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

d.         Drinking Fountains

(1)       The drinking fountain has a spout that is 41½  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 §§ 4.15, 4.27.4, Fig. 27.

(2)       The drinking fountain is inaccessible because it lacks knee space.  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 § 4.15.5(1), Figs. 27(a), (b).

(3)       The drinking fountain is inaccessible because the 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 §§ 4.15.4, 4.27.4.

 

e.         Counter.  The front counter is inaccessible because it is 44 inches above the finished floor with a 3½ inch set-back tray.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 7.2(2), 4.3.

 

f.          Women's Single User Toilet Room

(1)       The interior door has an opening width of less than 32 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

(2)       The exterior door requires a pressure of 11 pounds to open, and the interior door requires a presser of 16 pounds to open.  Provide doors that require no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(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 § 4.19.6.

(4)       The paper towel dispenser is mounted with the controls 52 inches high with a forward reach required.  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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(5)       The feminine products dispenser is mounted with the coin slot 56 inches high.  Provide a feminine products 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(6)       The lavatory is 26 inches high to the bottom of the apron.  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 § 4.19.2, Fig. 31.

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

(8)       The toilet is seat is 15 inches high to the top of the seat.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards § 4.16.3, Fig. 29(b).

(9)       The toilet centerline is 16 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.16.2, Fig. 28.

(10)     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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

g.         Men's Single User Toilet Room

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

(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 § 4.19.6.

(3)       The paper towel dispenser is mounted with the controls 61 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The bottom edge of the lavatory apron is 26 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 § 4.19.2, Fig. 31.

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

(6)       The toilet is seat is 15½ inches high to the top of the seat.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards § 4.16.3, Fig. 29(b).

(7)       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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

30.       Within 3 years of the effective date of the Agreement, the City will complete the following modifications to the Legion Field, located at 400 Graymont Avenue West, Birmingham, Alabama:

 

a.         Parking

(1)       The Main Entrance designated accessible parking is located on the grass, with no demarcation, no access aisles, and no individual signage.  Provide van accessible spaces and 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), 4.6, 4.30.7(1).

(2)       The Side parking has no designated accessible parking. On the shortest accessible route to the accessible entrance, provide van accessible spaces and  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), 4.6, 4.30.7(1).

 

b.         Counters

(1)       The outside ticket counters are 52½ and 53½ inches, respectively, above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.  Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 7.2(2), 4.3.

(2)       The inside ticket counter is 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 §§ 7.2(2), 4.3.

(3)       The southern and northern concessions counters are 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.  Standards §§ 7.2(1), 4.3.

 

c.         Lobby/Ticket Area Drinking Fountains.  The wall mounted drinking fountain has insufficient knee space.  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 § 4.15.5(1), Figs. 27(a), (b).  Alternatively, provide a cup dispenser and cups on an accessible route and within accessible reach ranges.

 

d.         Ramps to Lower Level Seating.  The handrails have no level extensions on the bottom, and there is no edge protection.  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 §§ 4.3.8, 4.8.

 

e.         Men's Main Lobby/Ticket Office Toilet Room with Stalls

(1)       The toilet room door is inaccessible because the pressure required to open the door is 13 pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(2)       The interior of the door, which is accessed through a front approach, has only 6½ inches of clearance on the latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

(3)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§  4.28.1, 4.28.3.

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

 

f.          Women's Main Lobby/Ticket Office Toilet Room with Stalls

(1)       The toilet room 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 § 4.13.11(2)(b).

(2)       The interior of the door, which is accessed through a front approach, has only 3 inches of clearance on the latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

(3)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§  4.28.1, 4.28.3.

(4)       The soap dispenser is inaccessible because the controls are mounted 48 inches above the finished floor over a 15 inch obstruction.  Provide a soap dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(5)       The sanitary napkin dispenser coin slot is inaccessible because the controls are mounted 51½  inches above the finished floor and a forward reach is required.  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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

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

 

g.         Men's South End Zone Toilet Room with Stalls

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§  4.28.1, 4.28.3.

(3)       The lavatory is inaccessible because the controls require 29 pounds of force 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 §§ 4.19.5, 4.27.4.

(4)       The trash can narrows the route to the lavatory to less than 36 inches.  Provide an accessible route to the lavatory with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches.  Standards §§ 4.3.3, 4.13.5.

(5)       The toilet 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 §§ 4.16.5, 4.17.2, 4.27.4.

(6)       The toilet seat is 15 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(7)       The toilet centerline is 20 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

(8)       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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

h.         Women's South End Zone Toilet Room with Stalls

(1)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§  4.28.1, 4.28.3.

(2)       The toilet seat is 16 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(3)       The toilet centerline is 19½ inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

(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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

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

 

i.          Gate 7B Telephone.  The telephone counter is mounted 27 inches above the finished floor.  Provide a telephone with a counter between 28 and 34 inches above the finished floor.  Standards § 4.32.

 

j.          West End, Upper Deck Elevators.  Emergency communications' door requires pinching of the wrist to operate.  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 § 4.10.14.

 

k.         Ramps to South and North End Upper Deck Wheelchair Platforms.  The ramps slope exceeds 8.33% and is as much as 10.3%, and the ramps have no handrails.  Provide ramps that are 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 §§ 4.3.8, 4.8.

 

l.          Upper Level Southern Men's Toilet Room with Stalls

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§  4.28.1, 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 § 4.19.6.

(4)       The bottom edge of the lavatory apron is 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 § 4.19.2, Fig. 31.

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

(6)       The top of the toilet seat is 16 inches above the finished floor.  Provide a toilet with a seat that is 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(7)       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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

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

 

m.        Upper Level Southern Women's Toilet Room with Stalls

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

(2)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§  4.28.1, 4.28.3.

(3)       The bottom edge of the lavatory apron is 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 § 4.19.2, Fig. 31.

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

(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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(6)       The toilet paper dispenser is mounted above the side grab bar and 37½ 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 § 4.17.3, Fig. 30(d).

 

n.         Upper Level Northern Men's Toilet Room with Stalls

(1)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§  4.28.1, 4.28.3.

(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 § 4.19.6.

(3)       Paper towel dispenser is 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

(4)       The bottom edge of the lavatory apron is 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 § 4.19.2, Fig. 31.

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

 

o.         Upper Level Northern Women's Toilet Room with Stalls

(1)       Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room.  Provide a visual alarm appliance in the toilet room.  Standards §§  4.28.1, 4.28.3.

(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 § 4.19.6.

(3)       The bottom edge of the lavatory apron is 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 § 4.19.2, Fig. 31.

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

 

31.       Within 3 years of the effective date of this Agreement, the City will complete the following modifications to the Highland Golf Course, located at 3300 Highland Avenue South, Birmingham, Alabama:

 

a.         Parking

(1)       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), 4.6.4, 4.30.7(1).

(2)       The parking reserved for persons with disabilities is inaccessible because the van access aisle is 73 inches wide.  Provide designated van accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  Standards §§ 4.1.2(5)(b), 4.6.3, Fig.9.

 

b.         Counter.  The retail counter at the Café is inaccessible because the height 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.  Standards §§ 7.2(1), 4.3.

 

c.         Alarms.  Although the facility contains an emergency alarm system, the alarm system is inaccessible because there were no visual alarms provided.  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 § 4.28.3.

 

d.         Bleacher Seating.  The tennis court area containing bleacher seat is inaccessible because there are no wheelchair seating areas in the shaded section.  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 §§ 4.5, 4.33.

 

e.         Outdoor Gazebo

(1)       The route within the vending area is inaccessible because the wall-mounted lights protrudes 7½ inches into the main walkway at 64 inches 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 § 4.4.

 

f.          Banquet  Room.  The banquet room door is inaccessible because there is a 1¼ inch change in level at the threshold to the door.  Provide an accessible door with a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

g.         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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2)       The door to the toilet room is inaccessible because it has an opening width of only 30 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

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

(4)       The door to the toilet room, which is accessed through a front approach, is inaccessible because the pull side clearance is less than 18 inches and the push side clearance is less than 12 inches.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  On the push side of the door, provide maneuvering clearance at least 48 inches deep and provide a minimum of 12 inches of maneuvering clearance on the latch side of the door, or remove the closer or the latch.  Standards § 4.13.6, Fig. 25(a).

(5)       The toilet is inaccessible because the top of the seat is 15 inches above the finished floor.  Provide a toilet with a seat that measures 17 to 19 inches above the finished floor.  Standards § 4.16.3, Fig. 29(b).

(6)       There are no grab bars provided.  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.  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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

 

h.         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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2)       The door to the toilet room is inaccessible because it has an opening width of only 30 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

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

(4)       The door to the toilet room, which is accessed through a front approach, is inaccessible because the maneuvering space on the pull side is less than 18 inches and the push side is less than 12 inches.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  On the push side of the door, provide maneuvering clearance at least 48 inches deep and provide a minimum of 12 inches of maneuvering clearance on the latch side of the door, or remove the closer or the latch.  Standards § 4.13.6, Fig. 25(a).

(5)       The toilet is inaccessible because the top of the seat is 15 inches above the finished floor.  Provide a toilet with a seat that measures 17 to 19 inches above the finished floor.  Standards § 4.16.3, Fig. 29(b).

(6)       There are no grab bars provided.  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. 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

 

i.          Women's Locker Room

(1)       The locker room/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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2)       The door to the toilet room is inaccessible because it has an opening width of only 31 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

(3)       The women's locker room door is inaccessible because the pressure required to open the door is 12½ pounds.  Provide a door that requires no more than 5 pounds of force to open.  Standards § 4.13.11(2)(b).

(4)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because there are no visual alarms in the locker room.   Provide visual alarm devices in locker rooms, 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 § 4.28.3.

(5)       The wall-mounted baby changing table extends 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 § 4.4.

(6)       The toilet stall door hardware is inaccessible because it requires tight grasping, pinching, or twisting of the wrist.  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 § 4.27.4.

(7)       The toilet is inaccessible because its centerline measures 16½  inches from the side wall.  Provide a toilet with a centerline that measures 18 inches from the near side wall.  Standards § 4.17.3, Fig. 30.

(8)       The side grab bar at the toilet is inaccessible because the far end is 48 inches from the 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 §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

(9)       The shower in locker room is inaccessible because the shower dimensions are 34 inches wide and 38 inches deep and has a 5 ½ inch curb at its entrance.  There is no transfer bench, no grab bars, and a fixed shower spray.  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 § 4.21, Figs. 35, 36, 37.

(10)     The hardware controls to the storage lockers are inaccessible because they require tight grasping, pinching, or twisting of the wrist.  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 § 4.27.4.

 

j.          Men's Locker Room

(1)       The hallway locker room sign and the locker room/toilet room sign are 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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2)       The men's locker 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 § 4.13.11(2)(b).

(3)       Although the facility contains an emergency alarm system, the alarm system is inaccessible because there are no visual alarms in the locker room.   Provide visual alarm devices in locker rooms, 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 § 4.28.3.

(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 § 4.19.6.

(5)       The side grab bar at the toilet is inaccessible because the far end is mounted  48 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.  Standards § 4.17.6, Figs. 30(a), (d).

(6)       The toilet is inaccessible because the flush control is mounted 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 §§ 4.17.2, 4.27.4.

(7)       The shower is not accessible.  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 § 4.21, Figs. 35, 36, 37.

(8)       The hardware controls to the storage lockers are inaccessible because they require tight grasping, pinching, or twisting of the wrist.  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 § 4.27.4.

(9)       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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(10)     The counter in the locker room is inaccessible because the height is 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.  Standards §§ 7.2(1), 4.3.

 

k.         Drinking Fountain in Hall between Tennis Pro Shop and Café.  Although one designated accessible drinking fountain is provided, the water flow is 4 inches from the front edge, there are chairs blocking the clear floor space, and there is no drinking fountain provided for people who have difficulty bending or stooping.  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 §§ 4.15, 4.27.4, Fig. 27.

 

l.          Drinking Fountain in Banquet Room.  Although one high drinking fountain is provided, there is no lower 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 §§ 4.15, 4.27.4, Fig. 27.

 

m.        Outdoor Drinking Fountain.  Although one high drinking fountain is provided, there is no lower 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 §§ 4.15, 4.27.4, Fig. 27.

 

n.         Golf Carts.  Although the City has numerous 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.

 

o.         Café Elevators

(1)       The elevator is inaccessible because there is no hoistway signage provided.  Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high.  Standards § 4.10.5, Fig. 20.

(2)       The elevator is inaccessible because the doors stay open for only 6 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 §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

(3)       The elevator is inaccessible because, although emergency communications are provided, the system did not work.  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 § 4.10.14.



            [1]Please refer to the technical assistance publication ADA/Section 504 Design Guide: Accessible Cells in Correctional Facilities, which is located at archive.ada.gov.