Attachment K: Program Access in Existing Facilities

 

 

Please Note: Paragraph 53 of the Agreement requires that within three months of the effective date of this Agreement, the County will 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.

 

1.         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.

 

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

 

3.         The County represents that it is considering making significant renovations to the Courthouse, located at 100 Court in Marion.  Within nine months of the effective date of this Agreement, the County will advise the Department, in writing, of its decision as to whether or not it will make these renovations.  If the County does, in fact, decide to make these renovations, then within nine months of notice to the Department (18 months from the effective date of the Agreement) the County will submit for the Department's review complete design and construction documentation, including construction drawings, as built drawings, project manuals, addenda, and change orders for the alteration of these toilet rooms.  The Department will review the documentation for conformity to the ADA Standards for Accessible Design and will note any deficiencies.  Before the facility is opened, the County will ensure that any deficiencies are corrected and that construction is carried out in a way that meets the Department's approval.  In the event that the County chooses not to go forward with the renovations, within 30 months of the effective date of this Agreement, the County will make the following modifications to the Courthouse.

 

a.         Parking.  Although the parking lot has a total of 104 parking spaces, an inadequate number are designated as reserved for people with disabilities, the signage is mounted too low, and there is no "Van-Accessible" sign.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 4 standard spaces designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

b.         Exterior Route

 

i.          The route from the parking lot to the accessible entrance is inaccessible because the cross slope measures 2.2%.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

ii.         The route from the front to the gazebo is inaccessible because the surface is not level and the slope measures 23.6% at one point.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

iii.       The route into the gazebo is inaccessible because there is an 8 inch step up to the gazebo and no handrails.  Provide at least one accessible route into the gazebo that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

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

 

d.         Designated Accessible Entrance

 

i.          The entrance door is inaccessible because there is a slope of 3.9% within the door's required maneuvering clearance.  Provide a door so that the floor or ground area within the required clearances is level and clear.  Standards § 4.13.6, Fig. 25.

 

ii.         The entrance, which is accessed through a front approach, is inaccessible because it has only 15½ inches of maneuvering clearance on the pull side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

 

e.         Permanent Room Signage.  Permanent room signs throughout the building are not mounted in an accessible location and have no raised characters or Braille.  Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door.  Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

f.          Interior Route.  The route from the elevator to the Assessor's Office and left wing of the building is inaccessible because there is a 1¾ inch step out of the elevator lobby.  Provide at least one accessible route to the Tax Assessor's Office that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

g.         Quorum Court.  The courtroom is inaccessible to people with hearing impairments because there is no assistive listening system provided.  Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system.  Also provide receivers equal in number to 4% of the total number of seats (or a minimum of 2) for use by the general public and signage indicating their availability.  Standards §§ 4.30, 4.33.

 

h.         1st Floor Drinking Fountain at Toilet Rooms.  The drinking fountain is inaccessible because the bottom edge of the fountain is mounted 25½ inches above the finished floor.  Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward.  Standards § 4.15.5(1), Figs. 27(a), (b).

 

i.          1st Floor Drinking Fountain outside Assessor's Office.

 

i.          The drinking fountain is mounted with its spout 40½ inches above the finished floor, the water flow is 4 inches from the front of the fountain, and the controls require 6 pounds of pressure to operate. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge.  Additionally, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.15, 4.27.4, Fig. 27.

 

ii.         The cup dispenser is mounted 61 inches above the finished floor.  Provide a cup dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

j.          1st floor Women's Toilet Room (with Stalls)

 

i.          The toilet room sign is mounted on the door and does not have raised characters or Braille.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters 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.

 

ii.         The door to the toilet room is inaccessible because it has an opening width of only 29 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

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

 

iv.        The door to the toilet room, which must be accessed from the front by a wheelchair due to the column, is inaccessible because the column obstructs the clearance to the side such that there is no maneuvering clearance on the latch side pull side of the door. On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

 

v.         The toilet room door is inaccessible because there is a ½ inch threshold that is not beveled.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

vi.        The paper towel dispenser is inaccessible because the controls are mounted at 56 inches above the finished floor over an obstruction.  Provide a paper towel dispenser  such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair.  Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

vii.       The lavatory is inaccessible because there is insufficient knee and toe clearances.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards § 4.19.2, Fig. 31.

 

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

 

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

 

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

 

k.         1st Floor Men's Toilet Room (stalls)

 

i.          The toilet room sign is mounted on the door and does not have raised characters or Braille.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters 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.

 

ii.         The door to the toilet room is inaccessible because it has an opening width of only 29 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

iii.       The toilet room door is inaccessible because there is a ½ inch threshold that is not beveled.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

iv.        The lavatory is inaccessible because there is insufficient knee and toe clearance.  Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards § 4.19.2, Fig. 31.

 

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

 

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

 

vii.       The urinal is inaccessible because the rim is not elongated and is mounted 24 inches above the finished floor and the clear floor space is only 29 inches wide.  Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor.  Standards §§ 4.18.2, 4.18.3, 4.18.4.

 

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

 

l.          Assessor's Office

 

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

 

ii.         The office door is inaccessible because there is a 1¼  inch threshold.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

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

 

iv.        The top of the counter protrudes 9 inches into the walkway and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards § 4.4.

 

v.         The computer is inaccessible because the top of the counter is 42 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 §§ 4.2.4.1, 4.32.

 

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

 

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

 

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

 

p.         Juvenile Court

 

i.          The attorney tables provide only 26 inches of knee clearance.  Provide accessible tables with clear floor space of 30 inches wide by 48 inches deep, knee clearance of at least 27 inches high by 30 inches wide by 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor.  Standards §§ 4.2.4.1, 4.32.

 

ii.         The double entrance doors are inaccessible because each leaf is 27 inches wide and requires 8 pounds of force to open.  Provide a door at this location that has at least one active leaf with a clear opening at least 32 inches wide when measured from the face of the door to the middle edge of the other door when one door is opened 90 degrees and that has hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist OR provide an automatic door opener that opens both doors simultaneously.  The active leaf must not take more than 5 pounds of force to open or close.  Standards § 4.13, Figs. 24, 25.

 

iii.       The court room, containing 75 seats, is inaccessible because there are no wheelchair seating areas provided.  Provide at least 4 wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.5, 4.33.

 

iv.        The court room is inaccessible to people with hearing impairments because although there are more than 50 fixed seats, there is no assistive listening system.  Provide a permanently installed assistive listening system serving the fixed seating.  Ensure that the seating served by the system is located within a 50 foot viewing distance of the stage or playing area and has a complete view of the stage or playing area.  Provide at least 3 receivers for use by the general public and signage indicating their availability.  Standards §§ 4.30, 4.33.

 

q.         Records

 

i.          The door to the records room is inaccessible because it has an opening width of only 29 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

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

 

r.          Route from Courtroom to Jury Deliberation and Judge's Chambers

 

i.          The doors along the route are inaccessible because knob hardware is used.  Provide doors with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate.  Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

 

ii.         The doors along the route, which are accessed through a front approach, are inaccessible because they have only 3 inches of clearance on the pull side.  On the pull side of the doors, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

 

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

 

t.          2nd Floor Lobby.  The shelf in the 2nd floor lobby protrudes 8 inches into the walkway and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards § 4.4.

 

u.         2nd Floor Drinking Fountain near Circuit Court.  The fountain's water flow is 4 inches from the front of the fountain, and the fountain provides only 23¾ inches of knee space.  Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge.  Additionally, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.15, 4.27.4, Fig. 27.

 

v.         2nd Floor Women's Toilet Room (with Stalls)

 

i.          The toilet room sign is mounted on the door and has no raised characters or Braille.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 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.

 

ii.         The door to the toilet room is inaccessible because it has an opening width of only 29½ inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

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

 

iv.        The toilet room exit door, which is accessed through a front approach, is inaccessible because it has only 8 inches of maneuvering clearance on the pull side latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

 

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

 

vi.        The toilet room door is inaccessible because there is a ½ inch threshold that is not beveled.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

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

 

viii.     The lavatory is inaccessible because there is insufficient knee and toe clearance. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards § 4.19.2, Fig. 31.

 

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

 

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

 

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

 

w.        2nd Floor Men's Toilet Room (with Stalls)

 

i.          The toilet room sign is mounted on the door and has no raised characters or Braille.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 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.

 

ii.         The door to the toilet room is inaccessible because it has an opening width of only 29 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

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

 

iv.        The toilet room exit door, which is accessed through a front approach, is inaccessible because it has only 12 inches of maneuvering clearance on the pull side latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

 

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

 

vi.        The toilet room door is inaccessible because there is a ½ inch threshold that is not beveled.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

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

 

viii.     The lavatory is inaccessible because there is insufficient knee and toe clearance. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards § 4.19.2, Fig. 31.

 

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

 

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

 

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

 

x.         Holding Cell Area Routes

 

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

 

ii.         The stairs from the 2nd floor to the holding cell are inaccessible because the undersides of the nosings are abrupt, handrails are not provided on both sides of the stairs, the and handrail is mounted 30 inches above the nosings, lacks extensions, is not rounded or returned smoothly to the wall, floor or post, and has a diameter of 2½ inches.  Provide stairs with closed risers, uniform tread width and riser height, a tread depth of at least 11 inches measured from riser to riser, and nosings, treads, and risers that otherwise comply fully with the Standards.  Provide handrails on both sides of the stairs such that the inside handrail on switchbacks or doglegs is continuous; handrails that are not continuous beyond the top and bottom of the stairs extend at least 12 inches beyond the top riser and at least 12 inches plus the width of one tread beyond the bottom riser; there is a clear space between the handrails and the wall of 1½ inches; gripping surfaces are uninterrupted by newel posts, other construction elements, or obstructions; the handrails are mounted between 34 and 38 inches above stair nosings; the ends of the handrails are either rounded or returned smoothly to the floor, wall, or post; and the handrails do not rotate within their fittings.  Standards § 4.9.

 

iii.       The route within the holding cell is inaccessible because the floor drain slopes excessively.  Provide at least one accessible route within the holding cell with a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; a minimum clear headroom of 80 inches; a surface that is firm, stable, and slip resistant; in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and a running slope of less than 1:20 (5%) (unless constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

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

 

v.         The hall door to the holding cell is inaccessible because it has an opening width of only 26½ inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

y.         Holding Cell with Toilet

 

i.          The door to the cell is inaccessible because it has an opening width of only 26½ inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

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

 

z.         Rear Parking Lot.  Although the parking lot has a total of 133 parking spaces, none is designated as reserved for people with disabilities.  On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space and 4 standard spaces designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

aa.       Rear Entrance.  The building is inaccessible because it lacks directional signage.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances.  Standards §§ 4.1.3(8)(d), 4.13, 4.30.

 

bb.       Public Telephone in Rear Entrance Vestibule.  The telephone is inaccessible because the highest operable part is mounted 55½ inches above the finished floor, it lacks volume control and signage, and the door interferes with the required clear floor space.  Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards.  Standards §§ 4.31, 4.30.7(2).

 

cc.       Main Courtroom

 

i.          The main courtroom entrance is inaccessible because the door hardware is  mounted 53 inches above the finished floor.  Provide a designated accessible entrance with hardware that is mounted no higher than 48 inches above the finished floor.  Standards § 4.13, Figs. 24, 25.

 

ii.         The main courtroom entrance, which is accessed through a front approach, is inaccessible because it has insufficient maneuvering clearance on the pull side latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

 

iii.       The route from the main door into the courtroom is obstructed by the seat back so as to be 33 inches wide for a length of 30 inches.  Provide at least one accessible route into the court that, to the maximum extent feasible, coincides with the route for the general public, with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches for a length of no more than 24 inches.  Standards §§ 4.3.3, 4.13.5.

 

iv.        The court room, containing 100 seats, is inaccessible because there are no wheelchair seating areas.  Provide at least 4 wheelchair seating locations, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access.  Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of admission prices and lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area.  Standards §§ 4.1.3(19)(a), 4.5, 4.33.

 

v.         The attorney tables provide only 26 inches of knee clearance.  Provide accessible tables with clear floor space of 30 inches wide by 48 inches deep, knee clearance of at least 27 inches high by 30 inches wide by 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor.  Standards §§ 4.2.4.1, 4.32.

 

vi.        The court room is inaccessible to people with hearing impairments because it lacks an assistive listening system.  Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system.  Also provide at least 4 receivers for use by the general public and signage indicating their availability.  Standards §§ 4.30, 4.33.

 

dd.       Deliberation Room in Main Courtroom

 

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

 

ii.         The door is inaccessible because there is a 1½ inch threshold.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

iii.       The deliberation table provides only 26 inches of knee clearance.  Provide an accessible table with clear floor space of 30 inches wide by 48 inches deep, knee clearance of at least 27 inches high by 30 inches wide by 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor.  Standards §§ 4.2.4.1, 4.32.

 

iv.        The clothes rod is inaccessible because it is mounted too high.  Provide an accessible clothes rod mounted no more than 48 inches above the finished floor for a front approach or 54 inches above the finished floor for a side approach; and that has a clear floor space in front that is 30 inches wide by 48 inches deep.  Standards §§ 9.2.2(4), 4.25, 4.27.4, 4.2.5, 4.2.6.

 

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

 

ee.       Hallway Prisoner Entrance

 

i.          The hallway prison entrance is inaccessible because the door handle is mounted 51½ inches above the finished floor.  Provide a designated accessible entrance with hardware mounted no higher than 48 inches above the finished floor.  Standards § 4.13, Figs. 24, 25.

 

ii.         The door to the prisoner entrance, which is accessed from the hinge side of the door, is inaccessible because it has only 8½ inches of maneuvering clearance on the pull side latch side.  On the pull side of the door, provide a path of travel at least 48 inches wide for a side approach and at least 24 inches of clear maneuvering space adjacent to the latch side of the door.  Standards § 4.13.6, Fig. 25.

 

ff.         2nd Floor Doorway between Lobby and Corridor with Toilet Rooms.  The door is inaccessible because knob hardware is used.  Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate.  Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

 

4.         The County represents that it is considering making significant renovations to the Old Health Department Building, located at 86 Court in Marion, that is currently being used by the East Arkansas Substance Abuse Center.  Within nine months of the effective date of this Agreement, the County advise the Department, in writing, of its decision as to whether or not make these renovations.  If the County does, in fact, decide to make these renovations, then within nine months of such notice to the Department (18 months from the effective date of the Agreement) the County will submit for the Department's review, complete design and construction documentation, including construction drawings, as built drawings, project manuals, addenda, and change orders for the alteration of these toilet rooms.  The Department will review the documentation for conformity to the ADA Standards for Accessible Design and will note any deficiencies.  Before the facility is opened, the County will ensure that any deficiencies are corrected and that construction is carried out in a way that meets the Department's approval. In the event that the County chooses not to go forward with the renovations, within 30 months of the effective date of this Agreement, the County will make the following modifications to the Old Health Department Building.

 

a.         Route from Parking to Front Entrance.  The route from the parking lot to the main entrance is inaccessible because there several breaks in the pavement and the width narrows to 22½ inches along one stretch.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

b.         Entrance Door

 

i.          The entrance door, which is accessed through a front approach, is inaccessible because it has only 15½ inches of maneuvering clearance on the pull side latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

 

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

 

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

 

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

 

d.         Health Center

 

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

 

ii.         The route through the health center is inaccessible because the wall-mounted turkey protrudes 14½ inches into the walkway 76 inches high and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards § 4.4.

 

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

 

5.         The County represents that it is considering making significant renovations to the portion of the Old Health Department Building currently used by Crowley's Ridge Development Council.  Within nine months of the effective date of this Agreement, the County advise the Department, in writing, of its decision as to whether or not make these renovations.  If the County does, in act decide to make these renovations, then within nine months of notice to the Department (18 months from the effective date of the Agreement) the County will submit for the Department's review, complete design and construction documentation, including construction drawings, as built drawings, project manuals, addenda, and change orders for the alteration of these toilet rooms.  The Department will review the documentation for conformity to the ADA Standards for Accessible Design and will note any deficiencies.  Before the facility is opened, the County will ensure that any deficiencies are corrected and that construction is carried out in a way that meets the Department's approval. In the event that the County chooses not to go forward with the renovations, within 30 months of the effective date of this Agreement, the County will make the following modifications to this building.

 

a.         Entrance

 

i.          The main entrance is inaccessible because it can only be accessed by stairs.  Provide at least one accessible route into the facility that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

ii.         The exterior entrance door is inaccessible because it has an opening width of only 31 inches.  Provide a designated accessible entrance with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

iii.       The interior door is inaccessible because it has an opening width of only 29 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

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

 

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

 

6.         Within 6 months of the effective date of this Agreement, the County will make the following modifications to the Crittenden County Office Building, located at 116 Center Street in Marion.

 

a.         Parking.  The designated accessible parking space is inaccessible because, although there are 24 total parking spaces, there is no van accessible space, there is no access aisle, and the signage designating parking as reserved for persons with disabilities is too low.  On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space a minimum of 96 inches wide, served by an access aisle at least 96 inches wide, with a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

 

b.         Route.  The route from the parking area to the main entrance is inaccessible because the route around the guard rail is, in part, a grassy surface and is not firm, stable, or slip resistant, and the sidewalk has a cross slope of 2.6% by the trash can.  Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public.  The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%).  Standards §§ 4.3, 4.5, Fig. 7.

 

c.         Main Entrance

 

i.          The building is inaccessible because it lacks entrance signage.  Provide accessible directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances.  Standards §§ 4.1.3(8)(d), 4.13, 4.30.

 

ii.         The main entrance is inaccessible because there is a ¾ inch threshold.  Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2.  Standards §§ 4.13.8, 4.5.2.

 

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

 

1st Floor

 

e.         State Revenue Office.  The waiting number machine at the entrance door protrudes 11 inches into the walkway and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards § 4.4.

 

f.          1st Floor Drinking Fountain.  The drinking fountain has a spout that is 42 inches above the finished floor, and the water flow is within 3½ inches of the front of the fountain.  Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge.  Additionally, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.15, 4.27.4, Fig. 27.

 

g.         Public Toilet Rooms.

 

i.          The "Public Rest Rooms" sign protrudes 23 inches at 76½ inches high and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards § 4.4.

 

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

 

h.         Kitchen Area off Extension Office.  The double doors to the kitchen area are inaccessible because each leaf measures 27 inches wide.  Provide a door at this location that has at least one active leaf with a clear opening at least 32 inches wide when measured from the face of the door to the middle edge of the other door when one door is opened 90 degrees and that has hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist OR provide an automatic door opener that opens both doors simultaneously.  Where no automatic opener is provided, door hardware may be lever-operated, push-type, or a U-shaped handle.  Unless an automatic door operator is provided, there must be clear and level maneuvering clearances at the pull side and the push side of the active leaf as indicated in Fig. 25.  The doors' threshold must be ½ inch or less in height and beveled with a slope of no greater than 1:2.  If a door closer is provided, it must be set so that the sweep period of the active leaf will, from an open position of 70 degrees, take 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door.  The active leaf must not take more than 5 pounds of force to open or close.  Standards § 4.13, Figs. 24, 25.

 

i.          Extension Area Offices.  The door to the office, which is accessed through a front approach, is inaccessible because it has only 3½ inches of clearance on the pull side latch side.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards § 4.13.6, Fig. 25(a).

 

2nd Floor

 

j.          2nd Floor Drinking Fountain.  The drinking fountain has a spout that is 41 inches above the finished floor and the water flow measures 3 inches high.  Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge.  Additionally, provide a drinking fountain that is accessible to people who have difficulty bending or stooping.  This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people.  Standards §§ 4.15, 4.27.4, Fig. 27.

 

k.         Vending Machines.  The food vending machine is inaccessible because the highest operable part is 58½ inches high.  Provide an accessible vending machine with the highest operable part no more than 48 inches above the finished floor for a front approach or no more than 54 inches above the finished floor for a side approach.  Standards §§ 5.8, 4.2.5, 4.2.6.

 

l.          2nd Floor Probation Offices.  The door to the office is inaccessible because it has an opening width of 30 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

m.        2nd Floor Directors Office.  The private outside door is inaccessible because it has an opening width of 30 inches.  Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop.  Standards § 4.13.5, Fig. 24.

 

7.         The County represents that it is considering making significant renovations to the Crittenden County Office Building, located at 116 Center Street in Marion.  Within nine months of the effective date of this Agreement, the County advise the Department, in writing, of its decision as to whether or not make these renovations.  If the County does, in act decide to make these renovations, then within nine months of notice to the Department (18 months from the effective date of the Agreement) the County will submit for the Department's review, complete design and construction documentation, including construction drawings, as built drawings, project manuals, addenda, and change orders for the alteration of these toilet rooms.  The Department will review the documentation for conformity to the ADA Standards for Accessible Design and will note any deficiencies.  Before the facility is opened, the County will ensure that any deficiencies are corrected and that construction is carried out in a way that meets the Department's approval. In the event that the County chooses not to go forward with the renovations, within 30 months of the effective date of this Agreement, the County will make the following modifications to the Courthouse.

 

a.         Parking

 

i.          Although the parking lot has a total of 34 parking spaces, none are van accessible.  On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space a minimum of 96 inches wide, served by an access aisle at least 96 inches wide, with a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

 

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

 

iii.       The built-up curb ramps impermissibly extend into the required parking spaces' access aisles.  Provide curb ramps located so that they do not project into the access aisles and all aspects of the ramp or curb cut comply with the Standards.  Standards §§ 4.3.8, 4.7.6.

 

b.         Exterior Entrance Door.  The exterior entrance door is inaccessible because there is a slope of 2.2% within the door's required maneuvering clearance.  Provide a door so that the floor or ground area within the required clearances is level and clear.  Standards § 4.13.6, Fig. 25.

 

c.         Public Telephone

 

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

 

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

 

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

 

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

 

f.          Men's Toilet Room (with Stalls)

 

i.          The toilet room sign is mounted on the door and has no raised characters or Braille.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 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.

 

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

 

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

 

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

 

v.         The urinal is inaccessible because the rim is mounted 24 inches above the finished floor, the flush control is mounted 52½ inches above the finished floor, and the urinal lacks an elongated rim.  Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor.  Standards §§ 4.18.2, 4.18.3, 4.18.4.

 

vi.        The path of travel to the urinal is inaccessible because it is 31 inches wide for a depth of 24 inches.  Provide a urinal on an accessible route with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches for a depth of no more than 24 inches.  Standards §§ 4.3.3, 4.13.5.

 

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

 

g.         Women's Toilet Room (stalls)

 

i.          The toilet room sign is mounted on the door and has no raised characters or Braille.  Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 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.

 

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

 

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

 

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

 

h.         Pediatric Clinic

 

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

 

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

 

i.          Main Door to Exam Rooms

 

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

 

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

 

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

 

k.         Route to all Exam Rooms (Hallway).  The route through the hallway is inaccessible because the fold down work station protrudes 15 inches from the wall and would not be detectable to a blind person using a cane.  Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards § 4.4.

 

l.          Exam Room D - Designated Accessible Exam Room.  The exam room door is inaccessible because knob hardware is used.  Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate.  Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs.  Standards § 4.13.9.

 

m.        Route from Clinic Care to Lab Area.  The double doors to the lab area are inaccessible because each leaf is 30½ inches wide and requires 10 pounds of force to open.  Provide a door at this location that has at least one active leaf with a clear opening at least 32 inches wide when measured from the face of the door to the middle edge of the other door when one door is opened 90 degrees and that has hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist OR provide an automatic door opener that opens both doors simultaneously.  Where no automatic opener is provided, door hardware may be lever-operated, push-type, or a U-shaped handle.  Unless an automatic door operator is provided, there must be clear and level maneuvering clearances at the pull side and the push side of the active leaf as indicated in Fig. 25.  The doors' threshold must be ½ inch or less in height and beveled with a slope of no greater than 1:2.  If a door closer is provided, it must be set so that the sweep period of the active leaf will, from an open position of 70 degrees, take 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door.  The active leaf must not take more than 5 pounds of force to open or close.  Standards § 4.13, Figs. 24, 25.

 

n.         Blood lab Area

 

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