Settlement Agreement between the United States and Cape May County Settlement Agreement, Attachment (H)

Attachment H

Please Note: Paragraph 50 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the County 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.

Newly Constructed Facilities. In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the following actions:

A. Within 6 months of the effective date of this Agreement, the County will complete the following modifications to the Juvenile Family Crisis Intervention/Family Court Assessment Team – North Trailer Office Building:

1. Entrance

A. While the Department was conducting its review, the entrance was still under construction. The County will provide measurements and current, well-labeled photographs showing the status of the construction and all elements – such as door opening width, door pressure, thresholds, etc. – that are areas of concern so that the Department may verify that these elements comply with the Standards. Any issues identified by the Department will be brought into compliance within a reasonable amount of time by the County.

2. Unisex Single User Toilet Room

A. The toilet room signage is on the door and mounted at 66 inches above the finished floor. Provide a toilet room sign with 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.

B. 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 §§ 4.1.3(11), 4.22.4, 4.16.5, 4.27.4.

B. Within 12 months of the effective date of this Agreement, the County will complete the following modifications to the Cape Counseling Services Behavioral Health Care Facility/ Building C:

1. Men's Lobby Toilet and Shower Room

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

B. The room door swings into the clear floor space at the lavatory. Ensure that no door swings into the required clear floor space at any accessible fixture. Standards §§ 4.1.3(11), 4.22.2.

C. The lavatory counter height 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 §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

D. The toilet paper dispenser is mounted such that it will not be below the side grab bar, once a side grab bar is provided. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar (once one is provided), and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

E. The centerline of the toilet is 15 ½ inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.

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

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

H. No side grab bar is provided. 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; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

I. There is no shower that can be used by persons who use wheelchairs. 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. Women's Single User Toilet Room - Lobby

B. The toilet room door opens into the clear floor space at the lavatory. Ensure that no door swings into the required clear floor space at any accessible fixture. Standards §§ 4.1.3(11), 4.22.2.

C. There is insufficient 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 §§ 4.1.3(11), 4.22.6, 4.19.3, Fig. 32.

D. The toilet paper dispenser is mounted above the side grab bar. 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 §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

E. The centerline of the toilet is 15 ½ inches, measured from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.

F. The trash receptacle obstructs the clear floor space in front of the paper towel dispenser. Provide and maintain a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

C. Within 6 months of the effective date of this Agreement, the County will complete the following modifications to the Veterans Cemetery Committal Shelter:

1. Single User Unisex Toilet Room

A. The toilet room sign is not accessible. Provide a toilet room sign with raised and Braille characters. 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. 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), 4.28.1, 4.28.3.

C. The coat hook is not accessible. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

D. The paper towel dispenser is not accessible. Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

E. The lavatory drain pipes are not covered or insulated to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

F. The toilet paper dispenser is mounted 40 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 §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

G. There are no grab bars 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 §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

D. Within 6 months of the effective date of this Agreement, the County will complete the following modifications to the Public Safety Training Center:

1. Men's Single User Toilet Room

A. The sign is mounted on the door. Provide a toilet room sign with 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.

B. The toilet room door requires 19 pounds of force to open. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

C. The toilet paper dispenser height is 17 inches above the finished floor and is mounted 40 inches from the back 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 §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

2. Women's Single User Toilet Room

B. The toilet room door requires 15 pounds of force to open. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

C. There is an insufficient amount of 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 §§ 4.1.3(11), 4.22.6, 4.19.3, Fig. 32.

D. The toilet paper dispenser is 18 inches above the finished floor and mounted 40 inches from the back 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 §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

E. Within 12 months of the effective date of this Agreement, the County will complete the following modifications to Social Services Facility located at 4005 Route 9, South Rio Grande:

1. Parking: There are no access aisles serving the parking reserved for persons with disabilities and the larger space does not have signage indicating that it is van accessible. 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. Main Reception Area: The computer desk is 43 inches above the finished floor. 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 §§ 4.1.3(18), 4.2.4.1, 4.32.

3. Human Resources: The door provides only 29 inches of clear opening width and is obstructed. 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 §§ 4.1.3(7)(b), 4.13.5, Fig. 24.

4. Veterans Bureau: The main counter is too high and no equivalent facilitation is 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 §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

5. Transportation Telephone - Main Lobby: The telephone dedicated to enable patrons to contact transportation providers does not appear to have volume control and the informational signage located above the telephone is not accessible to persons with visual impairments. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that are hearing aid compatible and have a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; and with a cord of at least 29 inches long from the telephone to the handset. Standards §§ 4.1.3(17), 4.31.

6. Single User Unisex Toilet Room Serving the Meeting Room

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

B. The lavatory drain pipes are not covered or insulated to protect against contact. Provide and maintain hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

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

D. The clear floor space in front of the paper towel dispenser is obstructed. Provide a clear floor space with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

7. Men's Toilet Rooms with Stalls - Main Lobby

A. The toilet room door requires 15 pounds of force to open. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

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

8. Women's Toilet Rooms with Stalls - Main Lobby

A. The toilet room door requires 13 pounds of force to open. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

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

C. The lavatory pipes are not covered or insulated to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

F. Within 6 months of the effective date of this Agreement, the County will complete the following modifications to Lower Cape Senior Center:

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

2. Men's Toilet Rooms with Stalls - Main Lobby Area

A. The room sign is 50 inches above the finished floor. Provide a toilet room sign with 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.

B. Both toilet room doors require 7 pounds of force to open. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

3. Women's Toilet Rooms with Stalls - Main Lobby Area

A. The room sign is 55 inches above the finished floor. Provide a toilet room sign with 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.

B. The toilet room door requires 14 pounds of force to open. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

4. Single User Unisex Toilet Room

A. The room sign is mounted at 50 inches above the finished floor. Provide a toilet room sign with 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.

B. The door opens into the clear floor space at the lavatory. Ensure that no door swings into the required clear floor space at any accessible fixture. Standards §§ 4.1.3(11), 4.22.2.