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.

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.

The chart below lists the facilities surveyed by the Department, the access issues identified during the survey, and the actions required to correct the access issues. Required actions are listed using an alphanumeric code.

The key to the alphanumeric codes is provided in Attachment M to this Agreement. In order to ensure that the programs, services, and activities housed in the County’s facilities are accessible to persons with disabilities, when viewed in their entirety, the County will take the actions referenced by the alphanumeric code and described in detail in Attachment M to this Settlement Agreement within the time period specified below, which time period begins to run on the effective date of the Agreement.

Item #

Access Issue

Required Action

Completion Date

1.

Daviess County Courthouse, 212 St. Ann Street, Owensboro    

1.1.

Entrance: The building does not have directional signage posted at inaccessible entrances and does not have the International Symbol of Accessibility posted at the accessible West 3rd Street entrance. D16 12 months

1.2.

Exterior Ramp at 3rd Street Entrance: The ramp from the sidewalk to the entry door is inaccessible because: the handrails do not have extensions at the top or bottom; the ends of the handrails are not rounded or returned; the landing at the change in direction is only 45 inches wide and 48 inches deep; on the ramp segment closest to the building entrance there is an expansion gap that creates a ¾ inch step; there is inadequate edge protection; and there is no level landing at the bottom of the ramp. R3 30 months

1.3.

Interior Ramp in Lobby at 3rd Street Entrance: The ramp is inaccessible because there is no handrail on the left side of the ramp and because the existing handrail has no extensions at the top or bottom. R4 30 months

1.4.

Interior Doors    

1.4.a.

The interior doors throughout the Courthouse are inaccessible because knob hardware is used. D1 24 months

1.4.b.

The interior doors throughout the Courthouse are inaccessible because they require more than 5 pounds of force to open. D2 12 months

1.5.

Fire Extinguishers (1st and 2nd Floors): The fire extinguishers are inaccessible because they are mounted too high above benches. TR4 12 months

1.6.

Elevator: The elevator is inaccessible because the emergency system requires voice communication to operate. E8 30 months

1.7.

Courtroom (2nd Floor)    

1.7.a.

The courtroom, containing 98 seats, is inaccessible because no wheelchair seating areas are provided. A total of 4 wheelchair seating areas is required. AA6 24 months

1.7.b.

The courtroom is inaccessible because the aisle between the public seating benches is only 32 inches wide. AR3 24 months

1.7.c.

The courtroom is inaccessible to people with hearing disabilities because there is no assistive listening system provided. This courtroom requires 4 receivers. AA5 30 months

1.8.

Women’s Toilet Room With Stalls (1st Floor)    

1.8.a.

The toilet room sign is mounted on the door and has no raised or Braille characters. TR18 24 months

1.8.b.

The door is inaccessible because it has an opening width of 27 inches. D25 30 months

1.8.c.

No accessible mirror has been provided. TR14 12 months

1.8.d.

The paper towel dispenser is inaccessible because the controls require twisting of the wrist to operate. TR3 24 months

1.8.e.

The paper towel dispenser protrudes into the walkway and is not detectable to blind persons using a cane. AR8 12 months

1.8.f.

The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. TR12 24 months

1.8.g.

The lavatory is inaccessible because it has twist-type hardware. TR10 24 months

1.8.h.

The designated accessible stall is incorrectly configured as an ambulatory stall, and there is no standard accessible stall provided. ST15 30 months

1.9.

Men’s Toilet Room With Stalls (1st Floor)    

1.9.a.

The toilet room sign is mounted on the door and has no raised or Braille characters. TR18 12 months

1.9.b.

The door is inaccessible because it has an opening width of 27 inches. D25 30 months

1.9.c.

No accessible mirror has been provided. TR14 12 months

1.9.d.

The paper towel dispenser is inaccessible because the controls require twisting of the wrist to operate. TR3 24 months

1.9.e.

The paper towel dispenser protrudes into the walkway and is not detectable to blind persons using a cane. AR8 12 months

1.9.f.

The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. TR12 24 months

1.9.g.

The lavatory is inaccessible because it has twist-type hardware. TR10 24 months

1.9.h.

The designated accessible stall is incorrectly configured as an ambulatory stall, and there is no standard accessible stall provided. ST15 30 months

1.10.

Women’s Toilet Room With Stalls (2nd Floor): The toilet room lacks accessible directional signage with the International Symbol of Accessibility indicating the location of the nearest accessible toilet room. TR16 12 months

1.11.

Men’s Toilet Room With Stalls (2nd Floor): The toilet room lacks accessible directional signage with the International Symbol of Accessibility indicating the location of the nearest accessible toilet room. TR16 12 months

1.12.

Two Drinking Fountains (1st Floor)    

1.12.a.

The drinking fountains protrude into the walkway and are not detectable to blind persons using a cane. AR8 12 months

1.12.b.

Although a designated accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. DF3 30 months

1.13.

Two Drinking Fountains (2nd Floor)    

1.13.a.

The drinking fountains are inaccessible because they have spouts that are more than 36 inches high. DF6 24 months

1.13.b.

The drinking fountains are inaccessible because the controls require twisting of the wrist to operate. DF2 30 months

1.14.

Alarms: Although an audible alarm is provided in this facility, there are no visual alarm appliances in the toilet rooms or other general usage areas. TR21 30 months

 

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