21. The elements or features of the City facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the City’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.
22. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement.
23. Within one year of the effective date of this Agreement, the City will install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.
Newly Constructed Facilities: In order to ensure that the following spaces and elements in City facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions:
24. The City shall complete the following modifications to the Aquatic Center within one year of the effective date of this Agreement:
a. Parking. The curb ramp extends into the accessible parking spaces’ access aisle. Provide an access aisle so that it is level, with surface slopes not exceeding 1:50 in any direction. Provide a curb ramp in a location that will not intrude upon the accessible parking spaces or access aisles. Standards §§ 4.1.2(5)(a), 4.6.3, 4.7.
b. Entrance Doors. There are double leaf entrance doors to the Aquatic Center; each has a clear opening width of 30 inches. Provide at least one active leaf with a minimum clear opening of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees, or provide an automatic opener operating both doors simultaneously. Standards §§ 4.1.3(7)(b), 4.13.4, 4.13.5.
c. Signage. The signage is not accessible for the main men’s and women’s locker rooms, as well as for the two family shower rooms located at the therapy pool. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
d. Toilet Rooms
(1) The rear grab bar in the men’s main locker room designated accessible stall is not accessible. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a).
(2) The flush valve control in the men’s main locker room designated accessible toilet stall is mounted at a height that is not compliant. Provide a flush control that is mounted no more than 44 inches above the finished floor or install an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.
e. Drinking Fountains. There are drinking fountains in the Aquatic Center that are accessible to people who use wheelchairs but not accessible to people who have difficulty bending or stooping. Provide fountains adjacent to the existing fountains at a standard height convenient to individuals who have difficulty bending or provide a cup dispenser. Standards §§ 4.1.3(10)(a), 4.15.
25. The City shall complete the following modifications to the Pony Express Pavilion within two years of the effective date of this Agreement:
a. Service Counters
(1) The top of the ticket window service counter is 49 inches above the ground. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the ticket window service counter or provide equivalent facilitation. Standards § 7.2(2).
(2) The top of the concession stand service counter is 44 inches above the ground. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the concession stand service counter or provide equivalent facilitation. Standards § 7.2(2).
b. Drinking Fountains. The spout outlet heights of each of the drinking fountains in the Pavilion are 38 inches above the ground. Provide fountains adjacent to the existing fountains with a spout no more than 36 inches above the ground that are accessible to a person in a wheelchair. Standards §§ 4.1.3(10)(a), 4.15.2.
c. Signage. There is no sign at the entrance of the Pavilion or any of the stairways leading to the stage identifying the accessible route to the stage located at the rear entrance to the stage. Provide a directional sign to the accessible entrance to the stage at the entrance of the Pavilion and at each of the stairways leading to the stage. Standards §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
26. The City shall complete the following modifications to the Jail Facility within one year of the effective date of this Agreement:
a. Visitor Rooms. Each visitor room is equipped with a fixed seat on each side of the partition and is inaccessible for an individual using a wheelchair. Provide at least one visitor room with no fixed seat on each side of the partition to allow access for both an inmate and a visitor using a wheelchair. Standards §§ 4.1.3(1), 4.32.1, 4.32.2.
b. TTY’s. Program access is not provided for inmates with hearing or speech impairments. Provide at least one text telephone with compliant signage. Standards §§ 4.1.3(16), 4.1.3(17), 4.30.7(3), 4.31.9.
c. Toilet Rooms located in the Holding Area
(1) The pressure required to open the door to the men’s toilet room in the holding area is 10 pounds and to the women’s toilet room in the holding area is 14 pounds. Provide a door closer so that the force required to open each door is no more than 5 pounds. Standards §§ 4.1.3(11)(2)(b), 4.22.2.
(2) The hot water and drain pipes beneath the lavatory in each of the men’s and women’s toilet rooms in the holding area are not insulated or configured to protect against contact. Provide protection against contact for the hot water and drain pipes consistent with the Standards. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
(3) The toilet flush valve control in the men’s toilet room in the holding area is on the closed, or narrow, side of the toilet room. Provide a control that is on the open, or wide side of the toilet room or install an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.22.7, 4.16.5.
d. Inmate Cells in Main Housing Area. There are no designated accessible inmate cells in the main housing area of the jail. Provide at least one accessible cell in the main housing area in both the men’s and women’s secured areas with an entry door that is at least 32 inches wide; a bed that has maneuvering space of at least 36 inches wide along one side and allows a person using a wheelchair to make a parallel transfer onto the bed; and with a toilet and lavatory that complies with the Standards, including requirements for clear floor space, knee clearance, toilet height, grab bars, and accessible hardware. Standards §§ 4.1.3(11), 4.13.5 & Fig. 24, 4.16, 4.35.4, 9.2.2(1).
27. The City shall complete the following modifications to the Courthouse Facility within one year of the effective date of this Agreement:
a. Service Counters
(1) The top of the third floor Recorder’s office service counter is 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the service counter or provide equivalent facilitation. Standards § 7.2(2).
(2) The third floor Court Clerk’s office service counter is obstructed by files stored on the counter. Provide and maintain unobstructed access to an accessible counter that is at least 36 inches in length with a maximum height of 36 inches above the finished floor or provide an auxiliary counter no more than 36 inches high in close proximity to the service counter or provide equivalent facilitation. Standards § 7.2(2).
b. Toilet Rooms
(1) The highest operable part of the paper towel dispenser in each of the first, second and third floor men’s and women’s toilet rooms is mounted at a height that is not compliant with the Standards. Provide a dispenser in each of the toilet rooms on the first, second and third floors so that the highest operable part is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a front reach. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.6.
(2) The hot water and drain pipes beneath the lavatory in each of the first, second and third floor men’s and women’s toilet rooms are not insulated or configured to protect against contact. Provide protection against contact for the hot water and drain pipes in each of the first, second and third floor toilet rooms. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
(3) The toilet paper dispenser in the designated accessible stall in each of the first, second and third floor men’s and women’s toilet rooms is mounted at a height that is not compliant with the Standards. Provide a dispenser in each of the first, second and third floor toilet rooms that is located below the grab bar with its farthest edge no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).
c. Signage
(1) There is no signage indicating the location of the accessible courtrooms. Provide directional signage at the first floor entrance lobby indicating the location of each courtroom equipped with assistive listening devices for individuals with hearing impairments, the location of each courtroom equipped with visual aid devices for individuals with visual impairments, and the location of each courtroom that is designated as accessible to individuals with mobility impairments. Standards §§ 4.1.3(1), 4.1.3(3), 4.1.3(16), 4.3.2(3), 4.30.1, 4.30.7.
(2) There is no signage indicating the location of the TTY. Provide directional signage at the first floor entrance lobby and at the public telephones indicating the location of the TTY in the building. Standards §§ 4.1.3(16), 4.30.1, 4.30.7.
(3) There is no signage indicating the designated accessible seating areas provided in each of the Justice and District courtrooms. Provide signage indicating the designated accessible seating area in each courtroom. Standards §§ 4.1.3(16), 4.30.7.
d. Courtrooms. There is an abrupt change in level at the entrance to the witness box in each of the Justice courtrooms and each of the District courtrooms. Provide an accessible route to the witness box in at least one of the Justice courtrooms and at least one of the District courtrooms so that either the transition is flush and free of abrupt changes and beveled with a slope no greater than 1:2; or access is provided via a ramp or platform lift. Standards §§ 4.1.3(1), 4.5.2, 4.33.
28. The City shall complete the following modifications to the Parole Center within one year of the effective date of this Agreement:
a. Service Counters. The top of the Parole Center’s service counter is 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the service counter or provide equivalent facilitation. Standards § 7.2(2).
b. Drinking Fountains. The lobby drinking fountain is accessible to people who use wheelchairs but not accessible to people who have difficulty bending or stooping. Provide a fountain adjacent to the existing fountain at a standard height convenient to individuals who have difficulty bending or provide a cup dispenser. Standards §§ 4.1.3(10)(a), 4.15.
c. Toilet Rooms located in the Lobby
(1) There is no accessible signage for the lobby men’s and women’s toilet rooms. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The toilet paper dispenser in each of the accessible stalls in the lobby men’s and women’s toilet rooms is mounted at a height that is not compliant with the Standards. Provide a toilet paper dispenser in each room that is located below the grab bar with its farthest edge no more than 36 inches from the back wall and its centerline no less than 19 inches from the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).
(3) The toilet seat cover dispenser in each of the accessible stalls in the lobby men’s and women’s toilet rooms is mounted above the toilet and does not have clear floor space underneath. Provide a seat cover dispenser in each room in an area where there is at least 30 inches by 48 inches of clear floor space under the dispenser. Standards §§ 4.1.3(11), 4.16, 4.17, 4.22.7, 4.27.2, 4.2.4, 4.26.
29. The City shall complete the following modifications to the Fire Station #1 Headquarters within three years of the effective date of this Agreement:
a. Call Box. The emergency call box located at the Fire Headquarter’s entrance is mounted so that its highest operable part is 58 inches above the ground. Provide an emergency call box at the entrance so that no operable part is more than 48 inches above the ground for a front approach or more than 54 inches above the ground for a side approach. Standards §§ 4.1.3(13), 4.2.5, 4.2.6, 4.27.3.
b. Service Counters. The top of the Fire Headquarter’s service counter is 41 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the service counter or provide equivalent facilitation. Standards § 7.2(2).
c. Drinking Fountains. The drinking fountain in the lobby of Fire Headquarter’s is accessible to people who use wheelchairs but not accessible to people who have difficulty bending or stooping. Provide a fountain adjacent to the existing fountain at a standard height convenient to individuals who have difficulty bending or provide a cup dispenser. Standards § 4.1.3(10)(a), 4.15.
d. Toilet Rooms Located in the Lobby. The toilet flush valve control in the women’s lobby toilet room is on the closed, or narrow, side of the toilet room. Provide a control that is on the open, or wide side of the toilet room or install an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.22.7, 4.16.5.
Altered Facilities: In order to ensure that the following spaces and elements in City facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions:
30. The City shall complete the following modifications to City Hall within one year of the effective date of this Agreement:
a. Signage. The signage for the designated accessible parking spaces in the City Hall parking garage are mounted adjacent to each space. Provide signs for each space mounted on poles in front of each space so that they cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a), 4.1.6(1)(b), 4.6.4, 4.30.7(1).
b. Elevators. The elevator in City Hall does not have visual car positioning indicators mounted in the hoistways on each floor. Provide visual car positioning indicators mounted in the hoistways on each floor. Standards §§ 4.1.3(5), 4.1.6(1)(b), 4.10.4, 4.10.13.
Program Access in Existing Facilities: In order to ensure that each of the City 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:
31. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is “readily accessible to and usable by” persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151.
32. The City shall complete the following modifications to the Sheriff’s Law Enforcement Facility within five years of the effective date of this Agreement:
a. Service Counters. The top of the records service counter is 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the service counter or provide equivalent facilitation. Standards § 7.2(2).
b. Toilet Rooms located in the Lobby
(1) Neither of the men’s and women’s lobby toilet rooms has accessible signage. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor and a person can approach within 3 inches of the sign without encountering obstructions or standing within a door swing. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) Each of the entrance doorways to the men’s and women’s lobby toilet rooms has a clear opening width of 261/2 inches. Provide a doorway with a minimum clear opening width of at least 32 inches measured from the face of door to the opposite door stop with the door open 90 degrees. Standard § 4.13.5 & Fig.24.
(3) The designated accessible stall in each of the men’s and women’s lobby toilet rooms is 35 inches wide, has a stall entrance doorway that is 22 inches wide, has a toilet flush control that is not compliant, has a centerline that is 21 inches from the side wall, has no accessible grab bars, and has an inaccessible toilet paper dispenser. In each room, 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; provide a flush control on each toilet that is on the open, or wide side of the toilet room or install an automatic flush device; provide a toilet in each room mounted so that the centerline is exactly 18 inches from the side wall; and provide a toilet paper dispenser that is located below the side grab bar with its farthest edge no more than 36 inches from the back wall and its centerline no less than 19 inches from the finished floor. Standards §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.
(4) The hot water and drain pipes beneath the lavatory in each of the men’s and women’s lobby toilet rooms are not insulated or configured to protect against contact. Provide protection against contact for the hot water and drain pipes. Standards § 4.19.4.
33. The City shall complete the following modifications to the Roberts House within two years of the effective date of this Agreement:
a. Parking. The designated accessible parking space is not served by an adjacent access aisle or identified as van-accessible and is not located on the shortest accessible route to the rear entrance. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide on the shortest accessible route to the rear entrance of the building and provide a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.3 & Fig.9, 4.6.4.
b. Routes of Travel. There is no accessible route from the parking area to the Roberts House rear entrance. Provide a curb ramp between the parking area and the rear entrance. Standards §§ 4.3.8, 4.7.
c. Signage. The inaccessible front entrance has no signage directing individuals to the designated accessible rear entrance. Provide a directional sign at the front of the Roberts House directing individuals to the accessible rear entrance. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5.
d. Ramps. The rear entrance ramp that leads from the sidewalk to the Roberts House has a slope greater than 1:12, no edge protection, and handrails that are inaccessible. Provide a ramp that has a slope that does not exceed 1:12; with no abrupt change in level between the runs greater than 1/4 inch; with a top landing at least 60 inches by 60 inches and level; with edge protection; and with handrails that comply with the Standards. Standards §§ 4.3.8, 4.5.2, 4.8 & Fig.17, 4.26.
34. The City shall complete the following modifications to the Northgate Engineering and Planning Department Building within two years of the effective date of this Agreement:
a. Parking. The accessible parking space provided in the rear parking area at the Northgate building is not designated as “van-accessible.” Provide a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.
b. Route of Travel. There is no accessible route from the rear parking area to the Northgate building complex entrance. Provide an accessible route that is firm, stable, and slip resistant and that has no abrupt changes in level from the parking area to the sidewalk leading to the Northgate building complex. Standards §§ 4.3.8, 4.7.
c. Family Toilet Room
(1) The toilet paper dispenser mounted above the side grab bar in the accessible family toilet room is mounted at a height that is not compliant with the Standards. Provide toilet paper in the lower dispenser that is located below the grab bar. Standards § 4.16.6 & Fig. 28.
(2) The toilet flush valve control in the family accessible toilet room is on the closed, or narrow, side of the toilet room. Provide a control that is on the open, or wide side of the toilet room or install an automatic flush device. Standards §§ 4.22.4, 4.22.7, 4.16.5.
35. The City shall complete the following modifications to the Senior Citizens and RSVP Center within one year of the effective date of this Agreement:
a. Drinking Fountains. The drinking fountain in the lobby of the Senior Center is accessible to people who use wheelchairs but not accessible to people who have difficulty bending or stooping. Provide a drinking fountain adjacent to the existing fountain convenient to individuals who have difficulty bending or provide a cup dispenser. Standards § 4.15.3.
b. Toilet Rooms located in the Lobby
(1) The signage for the lobby men’s and women’s toilet rooms is mounted on the entrance door. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The hot water and drain pipes beneath each lavatory in the lobby men’s and women’s toilet rooms are not insulated or configured to protect against contact. Provide protection against contact for the hot water and drain pipes in the toilet rooms. Standards § 4.19.4.
(3) The toilet paper dispenser being utilized in each of the lobby men’s and women’s toilet rooms is mounted at 42 inches above the finished floor. Provide toilet paper in the lower dispenser that is located below the grab bar. Standards § 4.17.3 & Fig. 30(d).
(4) The toilet seat cover dispenser in the accessible stall in each of the men’s and women’s toilet rooms is located 56 inches above the finished floor. Provide a seat cover dispenser in each room so that the bottom edge of the dispenser opening is no more than 54 inches above the finished floor for a side approach or 48 inches above the finished floor for a front approach. Standards §§ 4.27.3, 4.2.5, 4.2.6.
(5) The door coat hook in the designated accessible toilet stall in each of the men’s and women’s toilet rooms is located 67 inches above the finished floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a front reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.
(6) The toilet flush valve control in the men’s toilet room is on the closed, or narrow, side of the toilet room. Provide a control that is on the open, or wide side of the toilet room or install an automatic flush device. Standards § 4.16.5.
36. The City shall complete the following modifications to the Library within two years of the effective date of this Agreement:
a. Public Telephones. The public telephone booth located at the front entrance of the Library does not have sufficient clear ground space in front for a forward reach by a person using a wheelchair. Provide a public telephone at the front entrance that has hearing aid compatibility and volume control with signage, and provide clear ground space of at least 30 inches by 48 inches that allows either a forward or side reach. Standards §§ 4.31, 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6.
b. Service Counters. The top of the information service counter is 39 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the service counter or provide equivalent facilitation. Standards § 7.2(2).
c. Drinking Fountains. The spout outlet height of the drinking fountain in the Children’s section is 38 inches above the finished floor. Provide a fountain in the Children’s section with a spout no more than 36 inches above the finished floor that is accessible to a person in a wheelchair. Standards § 4.15.2.
d. Toilet Rooms
(1) The toilet paper dispenser being utilized in each of the accessible toilet stalls in the men’s and women’s toilet rooms is mounted above the side grab bar. Provide a toilet paper dispenser that is located below the grab bar. Standards § 4.17.3 & Fig. 30(d).
(2) The toilet seat cover dispenser in each of the accessible toilet stalls in the men’s and women’s toilet rooms is mounted above the toilet and does not have clear floor space underneath. Provide a seat cover dispenser in each room in an area where there is adequate clear floor space under the dispenser. Standards § 4.27.2.
(3) The toilet flush valve control in the accessible stall in the men’s toilet room is on the closed, or narrow, side of the toilet room. Provide a control that is on the open, or wide side of the toilet room or install an automatic flush device. Standards § 4.16.5.
37. The City shall complete the following modifications to the Community Center, Gym and Auditorium within four years of the effective date of this Agreement:
a. Parking. There is no sign designating any of the accessible parking spaces provided as “van-accessible.” Provide at least one space with a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.
b. Signage
(1) There is no sign at the front entrance stairway to the Auditorium identifying the accessible route to the Auditorium. Provide a directional sign to the accessible ramp and entrance of the Auditorium. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5.
(2) There is no sign at the front entrance stairway to the Auditorium identifying the side entrance as the accessible route leading to the Auditorium office, Sierra Room and Auditorium stage. Provide a directional sign identifying the side entrance as the accessible route leading to the office, Sierra Room and Auditorium stage. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5.
c. Seating. There are no seats in the Auditorium with no armrests or with removable or folding armrests. Provide at least 8 seats without armrests or with folding or removable armrests identified by a sign or marker, and notify patrons of the availability of such seating with signage posted in accordance with the Standards. Standards §§ 4.1.3(19)(a), 4.30.7(4), 4.33.1.
d. Assistive Listening System. The Auditorium has no assistive listening system available. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with no less than 30 receivers, and signage indicating the availability of a listening system. Standards §§ 4.1.3(19)(b), 4.30.7(4), 4.33.
e. Service Counters
(1) The top of the Auditorium ticket counter is 39 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the ticket counter or provide equivalent facilitation. Standards § 7.2(2).
(2) The top of the Auditorium office counter is 40 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the Auditorium office counter or provide equivalent facilitation. Standards § 7.2(2).
f. Toilet Rooms located on the East and West side of the Auditorium
(1) The signage for each of the Auditorium’s men’s and women’s toilet rooms located on the eastside and westside of the building is mounted on the entrance door. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The height of the lavatory counter top in each of the Auditorium’s men’s and women’s toilet rooms located on the eastside and westside of the building is not compliant. Provide a lavatory with a counter that is no more than 34 inches above the finished floor, with a clearance of at least 29 inches above the floor to the bottom of the apron, and that otherwise complies with the Standards. Standards § 4.19.2 & Fig. 31.
(3) The hot water and drain pipes beneath the lavatory in each of the Auditorium’s men’s and women’s toilet rooms located on the eastside and westside of the building are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards § 4.19.4.
(4) The designated accessible toilet stall in each of the Auditorium’s men’s and women’s lobby toilet rooms located on the eastside and westside of the building is less than 60 inches wide, has no rear grab bar, and has no toilet paper dispenser mounted below the side grab bar. In each room, 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; and provide a toilet paper dispenser mounted below the grab bar. Standards §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.
(5) The door coat hook in the designated accessible toilet stall in each of the Auditorium’s men’s and women’s toilet rooms located on the eastside and westside of the building is located at a height that is inaccessible. Provide a hook in each stall that is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a front reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.
(6) The men’s and women’s toilet rooms in the Gymnasium are inaccessible. Provide men’s and women’s toilet rooms in the Gymnasium that include accessible spaces and elements in each room, including the entry door, clear floor space, turning space, accessible route, water closet, designated accessible stall, grab bars, urinal (if provided), lavatory, mirror, controls, dispensers, and signage, in compliance with the Standards. In the alternative, provide an accessible family toilet room in the Gymnasium that complies with the Standards and provide directional signage at the inaccessible toilet rooms and signage at the family toilet room designating it as accessible. Standards §§ 4.22, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.17, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.
(7) The men’s and women’s locker and bathrooms in the Gymnasium are inaccessible. Provide men’s and women’s accessible locker and bathrooms that include accessible spaces and elements in each room, including the entry door, clear floor space, turning space, accessible route, water closet, designated accessible stall, grab bars, urinal (if provided), lavatory, mirror, controls, dispensers, and signage, in compliance with the Standards. In addition, provide at least one accessible shower stall in each room that has a level entry grade, is exactly 36 inches wide by 36 inches deep, has a clear floor space that is 36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor and between the centerline and the outer edge of the shower on the wall opposite the seat wall, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. In the alternative, provide an accessible family locker and bathroom in the Gymnasium that complies with the Standards and provide directional signage at the inaccessible locker and bathrooms and signage at the family locker and bathroom designating it as accessible. Standards §§ 4.23, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.17, 4.18, 4.19 and Figs. 31 & 32, 4.21 and Figs. 35(a) and 37 (a), 4.26, 4.27, 4.30.
38. The City shall complete the following modifications to Mills Park within three years of the effective date of this Agreement:
a. Parking. There is no sign designating any of the accessible parking spaces provided in Mills Park as “van-accessible.” Provide at least one “van-accessible” space at each location, with a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.
b. Toilet Rooms
(1) The men’s and women’s toilet rooms located near the playground equipment are inaccessible. Provide men’s and women’s toilet rooms located near the playground equipment in Mills Park that include accessible spaces and elements, including the entry door, clear floor space, turning space, accessible route, water closet, designated accessible stall, grab bars, urinal (if provided), lavatory, mirror, controls, dispensers, and signage, in compliance with the Standards. Standards §§ 4.22, 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.17, 4.18, 4.19 and Figs. 31 & 32, 4.26, 4.27, 4.30.
(2) The men’s and women’s toilet rooms located in the center of Mills Park have the following non-compliant elements: there is no accessible signage; the width of the designated accessible toilet stall in each room is less than 60 inches; there is no rear grab bar in the designated accessible toilet stall in each room; and the centerline of the toilet in each designated accessible toilet stall is 16 inches from the side wall. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground; 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; and provide a toilet in each room mounted so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.
(3) The men’s and women’s toilet rooms located at the Pony Express box office in Mills Park have the following non-compliant elements: the signage is mounted in a location that is not accessible; the centerline of the toilet in each designated accessible toilet stall is 21 inches from the side wall; and the toilet paper dispenser in each designated accessible toilet stall is mounted above the side grab bar. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground; provide a toilet paper dispenser that is located below the side grab bar with its farthest edge no more than 36 inches from the back wall and with its centerline no less than 19 inches from the ground; and provide a toilet mounted so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27, 4.30.1, 4.30.4, 4.30.5, 4.30.6.
39. The City shall complete the following modifications to Centennial Park and Softball Complex within three years of the effective date of this Agreement:
a. Parking
(1) There is no sign designating the accessible parking space for the Centennial Park tennis courts. Provide a vertical sign designating the accessible parking space that cannot be obscured by a vehicle parked in the space, and provide a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.
(2) There are an inadequate number of designated accessible parking spaces provided at the Softball Complex. Provide at least three additional designated accessible parking spaces served by an access aisle at least 60 inches wide, in addition to at least one van-accessible parking space served by an access aisle at least 96 inches wide, each space with compliant signage and located on the shortest accessible route to the accessible entrance to the Softball Complex. Standards §§ 4.1.6(1)(b), 4.6.
b. Route of Travel. The curb ramp extends into the accessible parking spaces’ access aisle at the Centennial Park tennis courts. Provide an access aisle so that it is level, with surface slopes not exceeding 1:50 in any direction. Provide a curb ramp in a location that does not intrude upon the accessible parking spaces or access aisles. Standards §§ 4.6.3, 4.7.
c. Service Counter. The top of the Softball Complex concession service counter is 41 inches above the ground. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the service counter or provide equivalent facilitation. Standards § 7.2(2).
d. Signage. The signage at each of the Softball Complex and Centennial Park tennis court men’s and women’s toilet rooms is mounted on the entrance door. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
e. Toilet Rooms located at the Softball Complex. The toilet paper dispenser in each of the accessible toilet stalls in the Softball Complex men’s and women’s toilet rooms is not mounted below the side grab bar. Provide a toilet paper dispenser in each room that is located below the grab bar with its farthest edge no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finished floor. Standards § 4.17.3 & Fig. 30(d).
f. Toilet Rooms located at the Centennial Park Tennis Courts
(2) The paper towel dispenser in the men’s and women’s toilet rooms located at the Centennial Park tennis courts is mounted so that its highest operable part is 57 inches above the ground. Provide a towel dispenser so that its highest operable part is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above finished floor for a front reach. Standards §§ 4.27.3, 4.2.5, 4.2.6.
(3) Each designated accessible toilet stall in the men’s and women’s toilet rooms located at the Centennial Park tennis courts have the following non-compliant elements: the width of the designated accessible toilet stall in each room is less than 60 inches, there are no grab bars, and the door coat hook in each stall is mounted 57 inches above the finished floor. In each room, 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; and provide a coat hook that is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a front reach. Standards §§ 4.2, 4.13, 4.16, 4.17 & Fig. 30(a), 4.19.2 & Fig. 31, 4.22.4, 4.22.7, 4.25.3, 4.26, 4.27.
40. The City shall complete the following modifications to the Eagle Valley Golf Course and Range within five years of the effective date of this Agreement:
a. Parking
(1) The designated accessible parking spaces in the parking lot have no access aisles and there are no parking spaces designated as van-accessible. Provide an access aisle that is 60 inches wide for each accessible parking space, and provide at least one “van-accessible” space with a 96 inch wide access aisle, and signage designating the space as “van-accessible,” mounted under the symbol of accessibility. Standards §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.4, 4.6.6.
(2) The parking lot serving the Golf Course has designated accessible parking spaces not located on the shortest route from the Pro Shop entrance. Provide at least two accessible parking spaces that are located on the shortest accessible route of travel from the parking lot to the accessible entrance of the Pro Shop. Standards § 4.6.2.
b. Signage. There are no directional signs at the parking lot or the Pro Shop identifying the accessible route to the Restaurant and Clubhouse. Provide signs at the parking lot and Pro Shop directing persons to the accessible route, indicating the ramp as the accessible route to the entrance of the Restaurant and Clubhouse. Standards §§ 4.3.2, 4.30.7(1).
c. Ramps. There are no handrails on the exterior ramp from the parking lot leading to the picnic area en route to the Restaurant and Clubhouse, and the ramp leading from the main entrance gate leading to the Restaurant and Clubhouse has no inside handrails and lacks 12 inch extensions at the bottom of the ramp segment that are parallel with the ground. Provide handrails on the inside and outside of each ramp segment, and provide 12 inch level/horizontal extensions at the bottom of each ramp. Standards §§ 4.3.7, 4.8.5, 4.26.2.
d. Routes of Travel
(1) There is no accessible route provided to the Pro Shop. Provide an accessible route from the accessible parking spaces to the Pro Shop that is firm, stable, and slip resistant. Standards §§ 4.3.2(1), 4.5.1.
(2) There is no accessible route from the parking lot to the driving range hitting area. Provide an accessible route from the parking lot to the driving range hitting area that is firm, stable, and slip resistant. Standards §§ 4.3.2(1), 4.5.1.
e. Toilet Rooms located at the Clubhouse
(1) There is no signage for each of the Clubhouse men’s and women’s toilet rooms. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The Clubhouse men’s and women’s toilet room entrance doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.
(3) The designated accessible toilet stall in the Clubhouse women’s toilet room is 41 inches wide; the toilet paper dispenser and toilet seat cover dispenser are mounted above the toilet in a location that is inaccessible, and the centerline of the toilet is 21 1/2 inches from the side wall. Provide an accessible toilet room 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 room’s elements, including water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards; provide a toilet paper dispenser that is located below the side grab bar with its farthest edge no more than 36 inches from the back wall and with its centerline no less than 19 inches above the finished floor; provide a seat cover dispenser with at least 30 inches by 48 inches clear floor space under the dispenser; and provide a toilet mounted so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.2, 4.13, 4.22.4, 4.22.7, 4.16, 4.17, 4.26, 4.27.
(4) In the Clubhouse men’s toilet room, the toilet seat cover dispenser is mounted above the toilet in a location that is inaccessible, and the rear grab bar is 30 inches in length. Provide a seat cover dispenser with at least 30 inches by 48 inches clear floor space under the dispenser; and provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. Standards §§ 4.2.5, 4.2.6.4.16.4 & Fig. 29(b), 4.22.4, 4.22.7, 4.27.3.
41. The City shall complete the following modifications to the Animal Control Office within one year the effective date of this Agreement:
a. Entrance Doors. The Animal Control Office main entrance doors and rear doors leading to the kennel area have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9
42. The City shall complete the following modifications to the Environmental Health, Parks, and Streets Department’s Complex within one year of the effective date of this Agreement:
a. Parking
(1) There is no sign designating the accessible parking space provided at the Environmental Health Department as van-accessible. Provide a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.
(2) There is no sign designating the accessible parking space provided at the Parks Department, and the access aisle for the space is 52 inches wide. Provide a “van-accessible” space with a 96 inch wide access aisle, and a sign designating the accessible parking spaces as reserved using the symbol of accessibility, and a “van-accessible” sign mounted below the sign in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.3 & Fig.9, 4.6.4.
43. The City shall complete the following modifications to the Detoxification Treatment Center within one year of the effective date of this Agreement:
a. Parking. There is no designated accessible parking space at the Detoxification Treatment Center. Provide at least one accessible parking space on the street located on the shortest accessible route to the Center, and provide a sign using the symbol of accessibility designating the space as reserved mounted in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.3 & Fig.9, 4.6.4.
44. The City shall complete the following modifications to the Juvenile Justice Center within four years of the effective date of this Agreement:
a. Parking. There is no sign designating the accessible parking space provided as van-accessible, and the sign designating the space as reserved is mounted in front of the access aisle. Provide a sign mounted in front of the parking space designating the space as reserved; and provide a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.
b. Routes of Travel. There is no accessible route from the accessible parking space to the entrance of the Justice Center. Provide a curb ramp in a location that does not intrude upon the accessible parking spaces or access aisles in order to provide an accessible route from the accessible parking to the Center’s entrance. Standards § 4.7.
c. Service Counters. The top of the Justice Center’s lobby service counter is 41 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the service counter or provide equivalent facilitation. Standards § 7.2(2).
d. Toilet Rooms located in the Lobby
(1) The signage for the Center’s lobby men’s and women’s toilet rooms is not accessible. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finished floor. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The toilet paper dispenser in the Center’s lobby men’s and women’s toilet rooms is not mounted below the side grab bar. Provide a toilet paper dispenser in each room that it is located below the grab bar with its farthest edge no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finishedloor. Standards §§ 4.22.4, 4.16.6.
e. Drinking Fountains. The drinking fountain in the Center’s lobby is accessible to people who use wheelchairs but not accessible to people who have difficulty bending or stooping. Provide cups adjacent to the existing fountain convenient to individuals who have difficulty bending or provide a cup dispenser. Standards § 4.1.3(10)(a).
45. Omit
46. The City shall complete the following modifications to Governor’s Field Park within one year of the effective date of this Agreement:
a. Parking. There are an inadequate number of designated accessible parking spaces provided at Governor’s Park in each parking area, the spaces designated as accessible are not served by an adjacent access aisle, and there are no designated van-accessible parking spaces provided. Provide at least one additional designated accessible parking space in each parking area in Governor’s Park. In addition, provide an access aisle that is 60 inches wide for each accessible parking space, and provide at least one “van-accessible” space in each parking area with a 96 inch wide access aisle and signage designating the space as “van-accessible,” mounted under the symbol of accessibility. Standards §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.4, 4.6.6.
b. Service Counter. The top of the Park’s concession service counter is 381/2 inches above the ground. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the service counter or provide equivalent facilitation. Standards § 7.2(2).
c. Ramps. The ramp that leads to the concession service counter has a slope greater than 1:12 and has no edge protection. Provide a ramp so that the slope of each run does not exceed 1:12; the cross slope is no greater than 1:50; there is no abrupt change in level between the runs greater than _ inch; the landing at the top of the ramp is 60 inches by 60 inches and level; there is edge protection; and there are handrails that comply with the Standards. Standards §§ 4.3.8, 4.5.2, 4.8 & Fig.17, 4.26.
d. Toilet Rooms
(1) The signage for the Park’s men’s and women’s toilet rooms located at the concessions facility is inaccessible. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The Park’s men’s and women’s toilet rooms entrance doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.
(3) The designated accessible toilet stall in each of the Park’s men’s and women’s toilet rooms is 41 inches wide, the centerline of the toilet in each stall is 21 inches from the side wall, and there is no rear grab bar provided in each stall. In each room, 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 water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards; provide a toilet paper dispenser that is located below the side grab bar with its farthest edge no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finished floor; provide a toilet mounted so that the centerline is exactly 18 inches from the side wall; and provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. Standards §§ 4.2, 4.13, 4.16, 4.17.3 & Fig.28, 4.17.6, 4.22.4, 4.22.7, 4.26, 4.27.
47. The City shall complete the following modifications to Fuji Park within 6 months of the effective date of this Agreement:
a. Toilet Rooms located at the Park’s Exhibit Hall
(1) There is no accessible signage for the Park’s Exhibit Hall men’s and women’s toilet rooms. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) Each designated accessible toilet stall in the Park’s Exhibit Hall men’s and women’s toilet rooms has the following inaccessible elements: the toilet paper dispenser is mounted above the side garb bar, the seat cover dispenser is mounted above the toilet in a location that is inaccessible, and the door coat hook is mounted 67 inches above the finished floor. Provide in each stall a toilet paper dispenser that it is located below the side grab bar with its farthest edge no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finished floor; a seat cover dispenser with adequate clear floor space under the dispenser; and a coat hook that is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a front reach. Standards §§ 4.2, 4.13, 4.16, 4.17 & Fig. 30(a), 4.19.2 & Fig. 31, 4.22.4, 4.22.7, 4.25.3, 4.26, 4.27.
48. The City shall complete the following modifications to Edmonds Park within two years of the effective date of this Agreement:
a. Parking. There is no designated van-accessible parking space provided at the Park’s concession facility. Provide a “van-accessible” space with a 96 inch wide access aisle and a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.
b. Ramps. The ramp that leads to the Park’s concession facility from the parking area has a slope greater than 1:12 and has no edge protection. Provide a curb cut complying with the Standards in order to provide an accessible route from the accessible parking to the concession facility; or provide a ramp so that the slope of each run does not exceed 1:12; the cross slope is no greater than 1:50; there is no abrupt change in level between the runs greater than 1/4 inch; and install edge protection and handrails that comply with the Standards. Standards §§ 4.3.8, 4.5.2, 4.6.3, 4.7, 4.8 & Fig.17, 4.26.
c. Service Counters. The top of the Park’s concession service counter is 38 inches above the ground. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the service counter or provide equivalent facilitation. Standards § 7.2(2).
d. Picnic Tables. None of the picnic tables provided is accessible to persons who use wheelchairs. Provide at least one eating surface that is between 28 and 34 inches high and provides knee clearance at least 27 inches high, 30 inches wide, and 19 inches deep. Standards §§ 4.32.3, 4.32.4.
e. Routes of Travel. There is no accessible route provided into the accessible playground equipment area located at the Park’s concession facility. Provide an accessible route into the playground equipment area. Standards §§ 4.3, 4.5.
f. Toilet Rooms
(1) There is no signage for the Park’s concession facility men’s and women’s toilet rooms. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The Park’s men’s and women’s toilet rooms entrance doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.
(3) The hot water and drain pipes beneath each lavatory in the Park’s men’s and women’s toilet rooms are not insulated or configured to protect against contact. Provide protection against contact for the hot water and drain pipes in the toilet rooms. Standards §§ 4.22.6, 4.19.4.
(4) The toilet flush valve control in the accessible toilet stall in the Park’s men’s toilet room is on the closed, or narrow, side of the toilet room. Provide a control that is on the open, or wide side of the toilet room or install an automatic flush device. Standards §§ 4.22.4, 4.22.7, 4.17.
(5) The designated accessible toilet stall in each of the Park’s men’s and women’s toilet rooms is 41 inches wide, the grab bars are inaccessible, the toilet paper dispenser is mounted at a height above the side grab bar, and the toilet in each stall is mounted 20 inches from the side wall. 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 water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards; provide a toilet paper dispenser that it is located below the side grab bar with its farthest edge no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finished floor; and provide a toilet mounted so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.2, 4.13, 4.16, 4.17 & Fig. 30(a), 4.19.2 & Fig. 31, 4.22.4, 4.22.7, 4.25.3, 4.26, 4.27.
49. The City shall complete the following modifications to the Brewery Arts Center and Store within five years of the effective date of this Agreement:
a. Service Counter. The top of the Brewery Arts Center information service counter is 391/2 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high or provide an auxiliary counter no more than 36 inches high in close proximity to the service counter or provide equivalent facilitation. Standards § 7.2(2).
b. Signage. There is no sign in the Brewery Arts Center or in the Theater at the interior ramp identifying the side entrance as the accessible route leading to and from the Theater. Provide a directional sign in the Arts Center and the Theater identifying the side entrance as the accessible route leading to the Theater. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5.
c. Ramps. There are no handrails provided for the interior ramp from the Arts Center leading to the Theater and no handrails provided for the accessible ramp accessed from the side entrance leading to the Theater. Provide handrails on both sides of each ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post. Standards §§ 4.3.7, 4.8.5, 4.26.
d. Interior Doors. The Center’s interior doors have knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.
e. Toilet Rooms located at the Arts Center Main Level
(1) There is no signage provided for the men’s and women’s toilet rooms located at the Arts Center main level, at the Arts Center on the second level, and the family toilet room located in the Artisan’s Store. Provide a sign for each room with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The hot water and drain pipes beneath each lavatory in the Arts Center’s main level men’s and women’s toilet rooms are not insulated or configured to protect against contact. Provide protection against contact for the hot water and drain pipes in the toilet rooms. Standards § 4.19.4.
(3) The designated accessible toilet stall in each of the Arts Center’s main level men’s and women’s toilet rooms is 42 inches wide, has no rear grab bar, has a toilet paper dispenser mounted in a location that is inaccessible, and has a toilet with a centerline that is 20 inches from the side wall. In each room, 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; provide a toilet paper dispenser that is located below the side grab bar with its farthest edge no more than 36 inches from the back wall and its centerline no less than 19 inches from the finished floor; and provide a toilet mounted so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.22.7, 4.26, 4.27.
(4) The toilet flush valve control in the Arts Center’s main level men’s and women’s toilet rooms is on the closed, or narrow, side of the toilet room. Provide a control in each room that is on the open, or wide side of the toilet room or install an automatic flush device. Standards § 4.16.5.
(5) The door coat hook in the designated accessible stall in the Arts Center’s main level women’s toilet room is located 671/2 inches above the finished floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or no more than 48 inches above the finished floor for a front reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.
f. Toilet Rooms located at the Arts Center Second Level
(1) The pressure required to open each door to the Arts Center’s second level men’s and women’s toilet room is 10 pounds. Provide a door closer so that the force required to open the door is no more than 5 pounds. Standards § 4.13.11(2)(b).
(2) The toilet flush valve control in the Arts Center’s second level men’s and women’s toilet rooms is on the closed, or narrow, side of the toilet room. Provide a control in each room that is on the open, or wide side of the toilet room or install an automatic flush device. Standards § 4.16.5.
g. Family Toilet Room located at the Artisan’s Store. The toilet paper dispenser in the family toilet room located in the Artisan’s Store is mounted above the side grab bar. Provide a dispenser in the room that it is located below the grab bar with its farthest edge no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finished floor. Standards §§ 4.22.4, 4.16.6 & Fig. 28.
50. Except as otherwise specified in this Agreement, at six, and 12 months after the effective date of this Agreement, and annually thereafter until the termination or expiration of the Agreement, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.
51. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).
52. Within six months of the effective date of this Agreement, the City will develop or procure a one-hour training program on the requirements of the ADA and the appropriate ways to interact with persons with disabilities. The City will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.
53. Within one year of the effective date of this Agreement, the City will deliver its training program to all City employees who have direct contact with members of the public. At the end of that period, the City will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.
IMPLEMENTATION AND ENFORCEMENT
54. 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.
55. The Department may review compliance with this Agreement at any time. If the Department believes that the City has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II.
56. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.
57. 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.
58. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the City or the Department on request.
59. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments), shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the City’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.
60. This Agreement will remain in effect for five years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved, whichever is earlier.
61. The person signing for the City represents that he or she is authorized to bind Carson City to this Agreement.
62. The effective date of this Agreement is the date of the last signature below.
| For the City: |
For the United States: |
By:__________________________
RAY MASAYKO, Mayor
Carson City
City Hall Offices
201 NOrth Carson Street
Carson City, Nevada 89701
Date November 6, 2003
|
R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division.
By:__________________________
JOHN L. WODATCH, Chief
MARY LOU MOBLEY, Acting Deputy Chief
NAOMI H. MILTON, Supervisory Attorney
BROOKS SINGER,Esq., Investigator
MICHELE ANTONIO MALLOZZI, Architect
U.S Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section-NYA
Washington , DC 20530
Date February 27, 2004
|
ATTACHMENT A
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, Carson City will not discriminate against qualified individuals with disabilities on the basis of disability in the City’s services, programs, or activities.
Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).
Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, although animals are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the ADA Coordinator, Tony Baker in the Office of Risk Management at 775-887-2152, as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to the ADA Coordinator, Tony Baker in the office of Risk Management at 775-887-2152.
The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
ATTACHMENT B
CARSON CITY, NEVADA
Grievance Procedure under
The Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City. The City’s Personnel Policy governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
Tony Baker, ADA Coordinator
Office of Risk Management
201 N. Carson Street, Suite #3
Carson City, Nevada 89701
Within 15 calendar days after receipt of the complaint, the ADA Coordinator Tony Baker or his designee will speak to or meet with the complainant (whichever the complainant desires) to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator Tony Baker or his designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint.
If the response by the ADA Coordinator Tony Baker or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of within 15 calendar days after receipt of the response to the City Manager John Berkich or his designee.
Within 15 calendar days after receipt of the appeal, the City Manager John Berkich or his designee will speak to or meet with the complainant (whichever the complainant desires) to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the City Manager John Berkich or his designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by ADA Coordinator Tony Baker or his designee, appeals to the City Manager John Berkich or his designee, and responses from these two offices will be retained by the City for at least three years.
ATTACHMENT C
CARSON CITY SHERIFF'S DEPARTMENT
POLICY STATEMENT REGARDING EFFECTIVE COMMUNICATION
WITH PEOPLE WHO ARE DEAF OR HARD OF HEARING
OVERVIEW
It is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:
- People who are deaf or hard of hearing are entitled to a level of service equivalent to that provided hearing persons.
- The Agency will make every effort to ensure that its officers and employees communicate effectively with people who are deaf or hard of hearing.
- Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation.
- Various types of communication aids – known as “auxiliary aids and services” – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters.
- The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue.
- In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading. For example:
– If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.
– If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively.
- To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person. Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need. Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing.
- The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden. Only the Agency head or his or her designee may make this determination. For example:
– If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.
- The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including persons who are deaf or hard of hearing.
- People who are deaf or hard of hearing must never be charged for the cost of an auxiliary aid or service needed for effective communication.
ON-CALL INTERPRETIVE SERVICES
- The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Agency will update this list annually.
- A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). Certification is not required in order for an interpreter to be “qualified.”
TTY AND RELAY SERVICES
- In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service.
TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY
– Issuing a noncriminal or motor vehicle citation.
– Communicating with a person who initiates contact with an officer.
– Interviewing a victim or critical witness to an incident.
– Questioning a person who is a suspect in a crime.
– Making an arrest or taking a person into custody.
– Issuing Miranda Warnings to a person under arrest or in custody.
– Interrogating a person under arrest or in custody.
PROCEDURES FOR OBTAINING AUXILIARY AIDS AND SERVICES
- Officers must utilize the following auxiliary aids, when available, to communicate effectively:
– Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters
CARSON CITY GUIDE FOR LAW ENFORCEMENT OFFICERS
When In Contact With People Who Are Deaf or Hard of Hearing
As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.
Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf of hard of hearing. You should become familiar with this policy.
What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.
How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:
- use of qualified sign language or oral interpreters
- for people who are hard of hearing, speaking loudly and clearly, and use of assistive listening devices (to amplify sound)
- use of gestures or visual aids to supplement oral communication
- an exchange of written notes
- or use of a computer or typewriter.
What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.
For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.
Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.
DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.
How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.
If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.
- In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.
- During interrogations and arrests, a sign language interpreter will often be necessary.
- If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about
misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.
- In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.
Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.
Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.
Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.
Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.
Contact numbers for your local sign language interpreters:
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: October 09, 2008