BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice ("Department") initiated this matter as a compliance review of Boulder City, Nevada ("City") under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, our review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G.

The review was conducted by the Disability Rights Section (DRS) of the Department’s Civil Rights Division and focused on the City’s compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department’s title II regulations (28 C.F.R. Part 35), 28 C.F.R. § 35.105;
  
  
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City’s obligations under title II and the Department’s regulations, 28 C.F.R. § 35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply and carry out the City’s ADA responsibilities, 28 C.F.R. § 35.107(a);
  
  
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
  
  
• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
  

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

  physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");
  

  
  to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;
  
  

  to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
  
  

  where the County communicates by telephone, to communicate through a teletypewriter ("TTY"), or other equally effective telecommunications system with individuals who have hearing or speech impairments, 28 C.F.R. § 35.162;
  
  

  to provide direct access via TTY or computer to telephone emergency services, including 911 services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;
  
  

  to provide information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);
  
  

  to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
  
  

The Department limited its program access review to those of the City’s programs, services, and activities that operate in the following facilities: Recreation Center, Senior Citizens Center, Hemingway Park, Veterans Park, Boulder City Golf Course, Pool Building, Central Park, Multi-Use Building, Court House, Boulder City Airport, Police Station, City Hall, Boulder Dam Hotel. Construction or alterations commenced after January 26, 1992, on the following facilities and thus must comply with the ADA’s new construction or alterations requirements: Recreation Center, ABC Park, Fire Station.


B. JURISDICTION

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

2. The Department is authorized to conduct this compliance review under 42 U.S.C. 12133 in order to determine the City’s compliance title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.

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

4. The parties to this Agreement are the United States of America and Boulder City, Nevada. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:


REMEDIAL ACTION

5. In consideration of, and consistent with, the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding areas covered by Remedial Action provisions of this Agreement.

6. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design ("Standards") are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

A. COMMUNICATIONS

7. Within 60 days from the effective date of this agreement the City will purchase and install either a permanent or portable listening system and an appropriate number of receivers to facilitate communications for individuals with hearing impairments within the courtrooms in City Hall.


8. Within 60 days from the effective date of this agreement the City will purchase a TTY to be made available in the booking unit of the Police Department, and will modify a telephone to be hearing aid compatible and have volume control, to ensure equal access to telephone services for jail detainees who have communication disabilities to that provided to detainees who do not have communication disabilities.

B. 911

9. Within 60 days from the effective date of this agreement the City will purchase two additional TTYs to be used with the 911 program. The City operates two dedicated 911 telephone lines on which they respond to both TTY and voice callers, but the City has only one TTY. The two additional TTYs are required to ensure that the City can respond to two TTY calls at the same time on the two dedicated lines, and that a replacement TTY is available.

C. PHYSICAL ALTERATIONS

10. Within 60 days from the effective date of this Agreement the City will survey its public facilities. It will install signage at any inaccessible entrance to a facility, directing users to an accessible entrance or to information about other accessible facilities, and denote the accessible entrance by using the international symbol of accessibility. 28 C.F.R. § 35.163(B), Standards §§ 4.1.2(7)(c), 4.30.2, 4.30.3, 4.30.5.

In order to ensure that the following facilities, for which construction commenced or will commence after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.

11. The City will complete the following modifications to the Recreation Center within 180 days of the effective date of this Agreement:

a. Door width, parking lot entrance. Each leaf of the double door has a clear opening width of 30 inches. Modify the doorway so that one leaf provides a clear opening width of at least 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Or install an automatic opener that would operate both narrow leaves simultaneously. Standards § 4.1.3(7)(a), 4.13.4, Figure 24 (a).

b. Men’s toilet room.

(1) Door closer. The sweep period of the 2nd door is less than 3 seconds. Adjust the closer so that the sweep period takes at least 3 seconds to move to a point 3 inches from the latch from an open position of 70 degrees. Standards §§ 4.1.3(11), 4.22.2, 4.13.10, 4.3.9.

(2) Door opening force. The door identified above requires an opening force of 14 lbs. Modify the door closer so that the opening force is no more than 5 pounds or install an automatic opener. Standards § 4.1.3(11), 4.22.2, 4.13.11(2)(b).

c. Women’s toilet room.

(1) Mirror. The bottom edge of the mirror is 42 _ inches from the floor. Provide a mirror with the bottom edge of the reflecting surface no more than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Figure 31.

(2) Exposed pipes. The hot water and drain pipes underneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

(3) Soap dispenser. The controls of the soap dispenser are 51 inches high and can be reached only from a forward approach. Remount or provide a dispenser with the controls no higher than 48 inches for a forward approach or 54 inches for a side approach Standards §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

(4) Accessible stall.

(1) Clear floor space. The lavatory located within the accessible stall encroaches upon the clear floor space required at the toilet. Remove the lavatory from within the accessible stall and assure that an accessible lavatory is provided in the toilet room. Standards §§ 4.1.3(11), 4.22.4, 4.17, Figure 30 (a).

(2) Coat hook. The coat hook on the stall door is 58 inches above the floor. Provide a hook that is no more than 54 inches above the floor for a side approach or 48 inches above the floor for a front approach. Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

12. The City will complete the following modifications to Hemingway Park within 180 days of the effective date of this Agreement:

a. Accessible parking. The parking lot is paved and level but has no marked parking spaces. Provide at least two accessible parking spaces that are at least 96 inches wide, with an access aisle between them also at least 96 inches wide. One space is to be identified on the required sign as being van-accessible. Standards §§ 4.1.2(5), 4.6.

b. Accessible route. There is no accessible route from the parking lot to the tennis courts. Establish an accessible route from the required accessible parking spaces to the tennis courts that is firm, stable, and slip resistant. Standards §§ 4.1.2(2), 4.3, 4.5.

13. The City will complete the following modifications to Veteran’s Park within 180 days of the effective date of this Agreement:

a. Women’s toilet room.

(13) Mirror. The mirror is mounted too high to be usable by a person who uses a wheelchair. Provide a mirror with the bottom edge of the reflecting surface no more than 40 inches above the finish floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.2 and Figure 31.

14. The City will complete the following modifications to ABC Park within 180 days of the effective date of this Agreement:

a. Weight Room Building

(1) Unisex toilet room.

(a) Toilet paper dispenser. The toilet paper dispenser is 46 inches from the rear wall. Reposition the dispenser so that it is no more than 36 inches from the rear wall. Standards §§ 4.1.3(e)(i), 4.22.4, 4.16.6, Figure 29(b) and 30(d).

(b) Seat cover dispenser. The seat cover dispenser mounted behind the toilet is inaccessible because it lacks clear floor space. Remount the dispenser in a location that provides appropriate clear floor space, and at a height that can be accessed from either a forward reach or a side approach. Standards §§ 4.1.3(e)(i), 4.22.7, 4.27.

(c) Shower stall. The seat is located too far from the controls, and there is no grab bar. Modify the shower such that its elements, including stall size and clearance, seat, grab bars, controls, spray unit, and curbs comply with the Standards. §§ 4.1.3(11), 4.23.8, 4.21.

(d) Signage. The sign does not identify the unisex restroom as accessible. Provide the symbol of accessibility. Standards §§ 4.1.6(3)(e)(i), 4.1.6(3)(e)(iii), 4.30.7.

b. Youth Center Building

(1) Toilet paper dispenser. The toilet paper dispenser in the unisex toilet room is mounted 46 inches from the rear wall. Reposition the dispenser so that it is no more than 36 inches from the rear wall. Standards §§ 4.1.6(1)(b), 4.16.6, Figure 29(b) and 30(d).

(2) Signage. The men’s and women’s toilet rooms do not have standard accessible stalls. Provide signage that will direct users to the accessible unisex toilet room. Standards §§ 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

15. The City will make the following modifications to the Multi-use Building within 180 days of the effective date of this Agreement:

a. Door width. Each leaf of the double leaf entrance door has a clear opening width of 29 inches. Modify the doorway so that one leaf provides a clear opening width of at least 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Figure 24 (a).

b. Drinking fountain.

(1) Wheelchair accessible. The spout of the fountain is 44 inches from the floor and is inaccessible. Provide a drinking fountain which is accessible to individuals who use wheelchairs; and provide facilitation to those who have difficulty bending or stooping. Standards §§ 4.1.6(1)(b), 4.1.3(10), 4.15.

c. Men’s and Women’s toilet rooms. The following elements do not comply in either toilet room:

(1) Accessible stall.

(a) Stall size. The stall is not deep enough to permit an inswinging door because it encroaches on the clear floor space. If required maneuvering space is provided outside the stall, reverse the swing of the stall door. Standards §§ 4.1.3(11), 4.22.3, Figure 30(a)(a-1).

(b) Clear floor space. The centerline of the toilet is 14 1/2 inches from the side wall. Reposition or replace the toilet so that its center line is 18 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.2.

(c) Toilet paper dispenser. The toilet paper dispenser is 48 inches from the rear wall. Reposition the dispenser so that it is no more than 36 inches from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.17, Figure 29(b) and 30(d).

(d) Hardware. The door hardware is not accessible. Provide a locking device that has a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.22.4, 4.17.5, 4.13.9.

(e) Coat hook. The door coat hook is 57 1/2 inches above the floor. Provide a hook that is no more than 54 inches above the floor for a side reach or 48 inches above the floor for a front approach. Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(2) Urinal height. The two urinals provided are inaccessible. Provide one urinal with its rim no higher than 17 inches above the floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2.

(3) Lavatory.

(a) Exposed pipes. The hot water and drain pipes underneath the lavatory are not completely insulated or otherwise configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

(b) Hardware. The lavatory has twist-type faucets. Replace the faucet handles with ones that do not require tight grasping, pinching, or turning of the wrist. Standards §§ 4.1.3(11), 4.22.6 4.19.5.

16. The City will make the following modifications to the Court House building within 180 days of the effective date of this Agreement:

a. Mirror. The bottom of the mirror in the detention area restroom is mounted 48 inches above the floor. Provide a mirror with the bottom edge of the reflecting surface no more than 40 inches above the floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Figure 31.

In order to ensure that each of the City’s programs, services, activities operating at the 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:

17. The City will make the following modifications to the Recreation Center within 180 days of the effective date of this Agreement:

a. Exterior ramp, Arizona entrance.

(1) Ramp.

(a) Edge protection. The ramp leading to the level landing at the entrance door has unprotected edges. Provide edge protection at the sides. Standards § 4.8.7.

(b) Handrails. The ramp has a rise greater than 6 inches and therefore requires handrails. Provide handrails that comply with the Standards. § 4.8.5.

b. 1st Floor

(1) Door opening width, entrance. The entrance doorway has a clear opening width of 29 inches. Modify the doorway to provide a clear opening width of at least 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Figure 24 (a)(b).

(2) Service counter. The top of the counter is 42 inches above the floor. Modify the service counter so that is not more than 36 inches high, or provide an auxiliary counter that is not more than 36 inches high in close proximity to the counter, or provide access programmatically through equivalent facilitation. Standards § 7.2(2).

(3) Drinking fountain, clear floor space. The spout of the fountain is 43 inches from the floor. Provide a drinking fountain that is accessible to individuals who use wheelchairs and provide facilitation for those who have difficulty bending or stooping. Standards §§ 4.1.3(10), 4.15.

(4) Public pay telephone. The telephone is wheelchair accessible but is not hearing aid compatible and has no volume control. Modify the telephone to comply with the Standards §§ 4.31.5.

(5) Men’s and Women’s toilet room. Neither toilet room is accessible. Modify the men’s and two women’s toilet rooms by installing or modifying the following elements:

(a) Entrance door. Modify entrance doors such that all requirements, including clear opening width, maneuvering clearances on both sides, , thresholds, hardware, and opening force, are satisfied. Standards. §§ 4.22.2, 4.13.

(b) Standard stall. Provide at least one "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all the stall’s elements, including the toilet, size and arrangement, toe clearances, doors and hardware, grab bars, and dispensers and controls, comply with the Standards. §§ 4.1.3(11), 4.22.4, 4.13, 4.16, 4.17, Figure 30, 4.26, 4.27.

(c) Lavatories and mirrors. Provide at least one lavatory mirror such that all the requirements including height and clearance, clear floor space, water and drain pipes, and faucets, are satisfied. If a mirror is provided, the bottom edge of the reflecting surface must be no higher than 40 inches above the floor. Standards §§ 4.22.6, 4.19.2.

(d) Controls and dispensers. Dispensers, receptacles, or other accessories, such as paper towel, seat cover, and feminine product dispensers, if provided, shall satisfy the requirements. Standards. §§ 4.22.7, 4.27, 4.2.5, 4.2.6.

(e) Urinals. If urinals are provided, at least one must satisfy the requirements, including height, clear floor space, and flush controls. Standards. §§ 4.22.5, 4.18.

18. The City will make the following modifications to the Senior Citizens Center within 180 days of the effective date of this Agreement:

a. Maintenance of accessible features. The route to the main entrance is accessible, however, a large potted plant impedes into the clear floor space at the operating control for the automatic door. Relocate the potted plant to assure access to the operating control. 28 C.F.R. 35. 133.

b. Men’s toilet room.

(1) Exposed pipes. The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Insulate the pipes under the lavatory. Standards § 4.19.4.

(2) Toilet paper dispenser. The dispenser is placed above the grab bar interfering with use of the bar. Move the dispenser below the grab bar, mot more than 36 inches from the rear wall and with its centerline at least 19 inches above the floor. Standards §§ 4.16.6, Figure 30(d).

c. Women’s toilet room.

(1) Coat hook, accessible stall. The coat rack located outside the accessible stall is 60 inches above the floor. Provide a hook that is no more than 54 inches above the finish floor for a side approach, or 48 inches above the finish floor for a front approach. Standards §§ 4.25.3, 4.2.5, 4.2.6.

(2) Flush control valve. The flush control valve on the toilet in the accessible stall is located on the narrow side of the toilet. Provide an automatic flushing device or modify the flush control valve so that it can be operated easily from the wide side of the toilet. Standards §§ 4.16.5.

19. The City will make the following modifications to the Golf Course facilities within 180 days of the effective date of this Agreement:

a. Threshold, entrance door. There is more than a 1 inch change of level at the entrance door threshold. Modify the threshold so that the change is no greater than _ inch and beveled with a slope no greater than 1:2. Standards § 4.13.8.

b. Men’s toilet room.

(1) Mirror. The mirror is mounted too high for a person who uses a wheelchair. Provide a mirror with the bottom edge of the reflecting surface no more than 40 inches above the floor. Standards § 4.19.2, Figure 31.

(2) Accessible stall.

(a) Flush control valve. The toilet flush valve control is located on the narrow side of the toilet. Provide an automatic flushing device or modify the flush valve so that the handle is on the wide or open side of the toilet. Standards. § 4.16.5.

(b) Clear width, grab bars. There are 2 1/2 inches of clearance between the grab bars and the wall in the accessible stall. Provide grab bars with 1 1/2 inches of space between the bar and the wall. Standards §§ 4.22.4, 4.17.6, 4.26.2.

c. Women’s toilet room.

(1) Clear width, grab bars. There is 2 1/2 inches of clearance between the grab bars and the wall in the accessible stall. Provide grab bars with 1 1/2 inches of space between the bar and the wall. Standards §§ 4.22.4, 4.17.6, 4.26.2.

d. Service counter. The top of the snack bar counter is 43 inches above the floor. Modify the service counter so that it is not more than 36 inches high, or provide an auxiliary counter so that is not more than 36 inches high in close proximity to the counter, or provide access programmatically through equivalent facilitation. Standards § 7.2(2).

e. Public pay telephone. The coin slot of the pay telephone is 57 inches from the flour which is too high for either a front approach or side reach, the clear floor space is blocked by potted plants, and the phone is not hearing aid compatible, and does not have volume control. Modify the telephone or provide a public pay telephone that has hearing aid compatibility, volume control, clear floor space, the coin slot within the reach range for a front or side approach, and that does not protrude into the accessible route. Standards §§ 4.1.3(17), 4.30.7(2), 4.31.2 through 4.31.8, 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6.

f. Women’s toilet room, 9th hole building.

a. Exposed pipes. The hot water and drain pipes underneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.22.6, 4.19.4.

b. Grab bars. The side grab bar is mounted 17 inches from the rear wall. Remount the grab bar so that it is no more than 12 inches from the rear wall and extends at least 54 inches from the rear wall. Standards §§ 4.22.4, 4.16.4 and Figure 29.

c. Entrance door. There is a level change at the threshold of the entrance door that is greater than 1/2 inch. Modify the threshold so that it does not contain changes in level greater than 1/2 inch and so that any changes in level between 1/4 inch and 1/2 inch are beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(a), 4.13.8, 4.5.2.

g. Men’s toilet room, 9th hole building.

a. Grab bars. No rear grab bar is provided. Provide a rear grab bar that is at least 36 inches long with one end no more than 6 inches from the side wall, and is horizontal at 33 to 36 inches above the floor. Standards § 4.16.4 and Figure 29.

b. Door, clear floor space. The stall door swings into the clear floor space required at the toilet. Reverse the swing of the stall door or remove the stall divider and provide a locking device at the toilet room entrance that is easily operable with one hand. Standards §§ 4.17.5, 4.13.6, 4.13.9.

20. The City will make the following modifications to the Pool Building within 270 days of the effective date of this Agreement:

a. Drinking fountain. The drinking fountain in the lobby is accessible to people who use wheelchairs. Provide facilitation for people who have difficulty bending or stooping. Standards §§ 4.1.3(10), 4.15.

b. Public pay telephone. The coin slot of the pay telephone is 58 inches from the floor which is too high for either a front approach or side reach. The phone has volume control but is not hearing aid compatible. Modify the telephone or provide a public pay telephone that is hearing aid compatible and has volume control, clear floor space, a coin slot within the reach range for a front or side approach, and that does not protrude into the accessible route. Standards §§ 4.1.3(17), 4.30.7(2), 4.31.2 through 4.31.8, 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6.

c. Service counter. The top of the service counter in the lobby is 42 inches above the floor. Modify the service counter so that it is not more than 36 inches high, or provide an auxiliary counter that is not more than 36 inches high in close proximity to the counter, or provide access programmatically through equivalent facilitation. Standards § 7.2(2).

d. Men’s and women’s toilet rooms, lobby signage. Neither toilet room in the lobby is accessible. Misleading signage in the lobby directs users to "accessible" toilet rooms in the locker rooms which are not accessible. Remove the misleading signage and install appropriate signage near the inaccessible toilet rooms that will direct users to the restrooms in the locker room that will be modified to be accessible as required below. Standards §§ 4.1.3(16)(b),4.30.2, 4.30.3, 4.30.5, 4.30.7.

e. Raquetball courts.

(1) Accessible route. The route to the racquetball courts includes steps and therefore is inaccessible. Provide an accessible route to the racquetball courts such that all the elements of the route, including width, passing space, head room, surface textures, slope, change of level, doors, and egress, comply with the Standards. § 4.3.

(2) Door opening width. The entrance door into each racquetball court has a clear opening width of 22 1/2 inches. Modify the doorway into at least one racquetball court to provide a clear width of at least 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Figure 24 (a).

g. Men’s and women’s locker rooms. The following elements in both locker rooms do not comply with the Standards. Alter these spaces to comply with the Standards.

(1) Door, from lobby.

(a) Opening force. The door requires an opening force greater than 5 lbs. Modify the door closer so that the opening force is no more than 5 pounds or install an automatic opener. Standards § 4.13.11(2)(b).

(b) Maneuvering space. There is insufficient maneuvering clearance on the latch side pull side of the door from both the men’s locker room and the women’s locker room. Provide maneuvering clearances on both sides of each door or provide automatic openers to comply with the Standards. §§ 4.13.6 and Figure 25.

(2) Accessible route to pool. The only interior route from the locker rooms to the pool requires passage through an inaccessible revolving door. Install an accessible door near the revolving door such that all of the door elements, including maneuvering clearances, thresholds, hardware, closers, and opening force comply with the Standards. §§ 4.3.9, 4.13.

(3) Standard stall. There are four toilet stalls in the men’s locker room and 5 stalls in the women’s locker room, but none of these meets the requirements of a standard accessible stall. In each locker room, provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all the stall’s elements, including the toilet, size and arrangement, toe clearances, doors and hardware, grab bars, and dispensers and controls, comply with the Standards. §§ 4.22.4, 4.13, 4.16, 4.17, Figure 30, 4.26, 4.27.

(4) Exposed pipes. The hot water and drain pipes underneath the designated accessible lavatory are not insulated or otherwise configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.22.6, 4.19.4.

(5) Shower stall. No accessible shower stall is provided. Provide a stall that is exactly 36 inches by 36 inches with a curb that is no higher than 1/2 inch. The stall must have a seat opposite the control wall grab bar(s), and a shower spray unit with a hose at least 60 inches long that can be used as a fixed shower head and as a hand-held shower. Clear floor space must be provided as shown in Figure 35(a). Install privacy curtains in the accessible stall similar to the privacy curtains that are provided in the non-accessible shower stalls. Standards §§ 4.23.8, 4.21, Figure 36, Figure 37(a).

21. The City will make the following modifications to the Airport building within 180 days of the effective date of this Agreement:

a. Coat hook, women’s toilet room. The door coat hook is mounted 60 inches above the floor. Provide a hook that is no more than 54 inches above the floor for a side approach or, 48 inches above the floor for a front approach. Standards §§ 4.25.3, 4.2.5, 4.2.6.

b. Men’s toilet room.

(1) Urinal. There are two urinals each with the rim 23 1/2 inches above the floor. The flush valve control is 48 inches above the floor. Modify one urinal so that the rim is no more than 17 inches above the floor and the flush valve control is no more than 44 inches above the floor. Standards §§ 4.18.2, 4.18.4.

(2) Dispenser. The seat cover dispenser is mounted high above the toilet and is inaccessible. Provide a dispenser no higher than 48 inches for a forward approach or 54 inches for a side approach with required clear floor space adjacent. Standards §§ 4.22.7, 4.27.3, 4.2.5, 4.2.6.

22. The City will make the following modifications to City Hall within 180 days of the effective date of this Agreement:

a. Basement level.

(1) Courtesy phone

(a) Volume control and hearing-aid compatible. The courtesy telephone is provided for wheelchair users because there is no access to the 2nd floor from the basement level. The telephone is wheelchair accessible but does not have volume control and is not hearing aid compatible. Modify the phone so that it has volume control and is hearing aid compatible. Standards §§ 4.1.3(17)(a), 4.31.5.

(b) Notification device. The courtesy phone is not accessible to a person with a communication disability. Install a notification device at the courtesy phone to alert staff that assistance is required. Communication shall not be voice or hearing dependent. 28 C.F.R. Part 35 § 149.

(2) Women’s toilet room.

(a) Maneuvering clearance at door. There are two swinging doors to the toilet room but no maneuvering clearance at either door. Modify the doorway to provide maneuvering clearance or install an automatic door opener. Standards 4.13.6 & Figure 25.

(b) Exposed pipes. The hot water and drain pipes underneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.22.6, 4.19.4.

(3) Men’s toilet room.

(a) Designated accessible stall.

(i) The existing stall is 51 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all the stall’s elements, including the toilet, size and arrangement, toe clearances, doors and hardware, grab bars, and dispensers and controls, comply with the Standards. §§ 4.22.4, 4.13, 4.16, 4.17, Figure 30, 4.26, 4.27.

(ii) Urinal. The rim of the urinal is 19 inches from the floor. Provide a urinal with an elongated rim no higher than 17 inches above the floor. Standards §§ 4.22.5, 4.18.2, 4.18.4.

(b) Exposed pipes. The hot water and drain pipes underneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.22.6, 4.19.4.

b. 2nd Level

(1) Women’s toilet room.

(a) Maneuvering clearance at door. There is insufficient maneuvering clearance on the pull latch side of the entrance door. Modify the door to provide maneuvering clearance or install an automatic door opener. Standards § 4.13.6 & Figure 25.

(b) Exposed pipes. The hot water and drain pipes underneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate the hot water and drain pipes. Standards §§ 4.22.6, 4.19.4.

(c) Standard stall.

(i) Toilet centerline. The centerline of the toilet is 15 1/2 inches from the side wall. Move the toilet so that the centerline is 18 inches from the side wall. Standards §§ 4.22.4, 4.16.2 & Figure 30(a).

(ii) Toilet paper dispenser. The toilet paper dispenser is mounted 48 inches from the back wall. Remount the dispenser so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the floor and the paper outlet at least 9 inches above the floor. Standards §§ 4.22.4, 4.17.3, and Figure 30(d), 4.2.6.

(iii) Hardware. The door locking device is inaccessible. Replace the door hardware with a locking device that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Standards §§ 4.22.2, 4.13.9.

(2) Men’s toilet room.

(a) Maneuvering clearance at door. There is insufficient maneuvering clearance on the pull side latch side of the entrance door. Modify the door to provide maneuvering clearance or install an automatic door opener. Standards 4.13.6 & Figure 25.

(b) Toilet centerline. The centerline of the toilet is 15 inches from the side wall. Move the toilet so that the centerline is 18 inches from the side wall. Standards §§ 4.22.4, 4.16.2 & Figure 30(a).

23. The City will make the following modifications to the Boulder Dam Hotel within 180 days of the effective date of this Agreement:

a. Basement and main level toilet rooms.

(1) Lavatory hardware. The lavatory has inaccessible faucet handles. Replace the handles with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.22.6, 4.19.5, 4.27.4.

(2) Toilet paper dispenser. The toilet paper dispenser is too far from the rear wall. Provide a toilet paper dispenser that is no more than 36 inches frm the rear wall. Standards §§ 4.16.6, Figure 30(b).

IMPLEMENTATION AND ENFORCEMENT

24. Except as otherwise specified in this Agreement, at 90, 180, and 270 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

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

26. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

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

28. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

29. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the City or the Department on request.

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

31. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the City’s continuing responsibility to comply with all aspects of the ADA.

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

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

October 2, 2001