SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
CITY OF DETROIT, MICHIGAN
DEPARTMENT OF JUSTICE NUMBER 204-37-284
BACKGROUND
SCOPE OF THE INVESTIGATION
This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice ("Department") against the City of Detroit, Michigan ("City"). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleges that the City failed to develop a self-evaluation and transition plan as required under title II of the ADA.
Because the City receives financial assistance from the Department of Justice, the investigation was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G. The Department expanded the scope of the investigation to include the City's compliance with the following title II requirements:
JURISDICTION
1. The ADA applies to the City because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).
2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the complaint in this matter to determine the compliance of the City with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. section 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.
3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to investigate the complaint in this matter to determine the City's compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. sections 42.530, 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.
4. The parties to this Agreement are the United States of America and the City of Detroit, Michigan, a Michigan municipal corporation, ("City").
5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.
6. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled "Enforcement and Implementation."
ACTIONS TAKEN BY CITY
7. On January 9, 2003, the City's Fire Department instituted a policy mandating that upon request from a person using a wheelchair to enter a fire station, fire personnel shall assist said person into and out of the station through the apparatus bay doors.
8. On June 13, 2003, the City's Police Department instituted a policy mandating that persons using wheelchair who are arrested, shall be housed in the closest accessible jail.
9. Since 1980, the City has provided accommodations for persons with disabilities in order for them to be able to vote. These accommodations include making every effort to select polling places that are accessible to persons with disabilities, providing curbside and absentee voting for disabled voters, providing various types of assistance for disabled voters at the polls, maintaining a list of disabled voters and mailing absentee ballots to them approximately two months before each election, and assigning special assistants to pick up ballots for those persons with disabilities who are unable to return their ballots to the polls by any of the other methods that are available.
REMEDIAL ACTION
NOTIFICATION
10. Within two months of the effective date of this Agreement, the City will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the City; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.
11. Within three months of the effective date of this Agreement, and annually thereafter until the Agreement terminates, the City will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the City's accessible programs, services, and activities.
ADA COORDINATOR
12. Within three months of the effective date of this Agreement, the City will make available to all interested individuals the name, office address, and telephone number of its ADA Coordinator.
GRIEVANCE PROCEDURE
13. Within two months of the effective date of this Agreement, the City will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.
GENERAL EFFECTIVE COMMUNICATION PROVISIONS
14. Within three months of the effective date of this Agreement, the City will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).
15. The City will publicize its TTY telephone numbers on the same basis as its voice numbers, through its inclusion on all City letterhead and business cards that are ordered, City publications that appear, the City's official website, and the first reprinting of the local telephone book that takes place after the effective date of this Agreement.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
16. Within six months of the effective date of this Agreement, the City will adapt for its own use and implement the City of Detroit Police Department's Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all police officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].
17. Within three months of the effective date of this Agreement, the City will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).
18. Within six months of the effective date of this Agreement, the City will ensure that each police station or substation and each jail is equipped with a working TTY (text telephone) to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls. The City will report to the Department the TTY telephone number for each police station or substation and each jail within three months of the effective date of this Agreement.
VOTING
19. The City agrees that every effort will be made to ensure that all future sites selected as polling places will be readily accessible to and usable by persons with mobility impairments; and that if for some reason a polling place must be selected that is not accessible, disabled voters will be routinely made aware of the fact that they can vote, up to the time polls close on election day, at the offices of the Department of Elections.
20. The City agrees that funding it has received as a result of the Help America Vote Act will be used to provide one accessible voting machine in each voting precinct that will allow disabled voters to vote with little to no assistance.
EMERGENCY MANAGEMENT PROCEDURES AND POLICIES
21. If the City contracts with another entity, such as the American Red Cross or another local government, to provide its emergency preparedness plans and emergency response services, the City will ensure that the other entity complies with the following provisions on its behalf.
22. Within 3 months of the effective date of this Agreement, the City will implement and report to the Department its written procedures that ensure that it regularly solicits and incorporates input from persons with a variety of disabilities and disability advocates regarding all phases of its emergency management plan.
23. Within 3 months of the effective date of this Agreement, the City will implement and report to the Department its written procedures that ensure that its community evacuation plans enable those who have mobility impairments, vision impairments, hearing impairments, cognitive disabilities, mental illness, or other disabilities to safely self-evacuate or be evacuated by others. Some communities are instituting voluntary, confidential registries of persons with disabilities who may need individualized evacuation assistance or notification. If the City adopts or maintains such a registry, its report to the Department will discuss its procedures for ensuring voluntariness, appropriate confidentiality controls, and how the registry will be kept updated, as well as its outreach plan to inform persons with disabilities of its availability. Whether or not a registry is used, the City plan should address accessible transportation needs for persons with disabilities.
24. Within 3 months of the effective date of this Agreement, the City will implement and report to the Department its written procedures that ensure that if its emergency warning systems use sirens or other audible alerts, it will also provide ways to inform persons with hearing impairments of an impending disaster. The use of auto-dialed TTY messages to pre-registered individuals who are deaf or hard of hearing, text messaging, e-mails, open-captioning on local TV stations and other innovative uses of technology may be incorporated into such procedures, as well as lower-tech options such as dispatching qualified sign language interpreters to assist with emergency TV broadcasts.
25. Within 3 months of the effective date of this Agreement, the City will implement and report to the Department its written procedures that ensure that at least one emergency shelter has a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice). Such shelter(s) will be made available to persons whose disabilities require access to electricity and refrigeration, for example, for using life-sustaining medical devices, providing power to motorized wheelchairs, and preserving certain medications, such as insulin, that require refrigeration. The written procedures will include a plan for notifying persons of the location of such shelter(s).
26. Within 3 months of the effective date of this Agreement, the City will implement and report to the Department its written procedures that ensure that persons who use service animals are not separated from their service animals when sheltering during an emergency, even if pets are normally prohibited in shelters. The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons with disabilities who should not be in contact with certain types of animals, such as those with asthma, severe allergies, or certain phobic reactions.
27. Some of the City's emergency shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.
28. Within 3 months of the effective date of this Agreement and until all emergency shelters have accessible parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms serving the shelter area, the City will identify and widely publicize to the public and to disability rights groups the most accessible emergency shelters.
29. Within 3 months of the effective date of this Agreement, the City will implement and report to the Department its written procedures that ensure that it has identified temporary accessible housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if people with disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features such as ramps or electrical systems have been compromised. If the City does not provide temporary housing for non-disabled residents, it does not have to provide temporary housing for persons with disabilities, but its plan should recognize that persons with disabilities may need assistance identifying accessible temporary housing. If the City does provide temporary emergency housing, its plan should take into account that persons with disabilities may need temporary housing for longer periods than others if necessary accessible features of their homes have been compromised.
30. Within 3 months of the effective date of this Agreement, the City will implement and report to the Department its written procedures that ensure that during clean-up operations, such as the removal of debris after a hurricane or tornado, people with disabilities know how to inform the government of areas of significant concern (for instance, city workers piling debris on sidewalks, blocking access for persons who use wheelchairs).
SIDEWALKS
31. Within three months of the effective date of this Agreement, the City will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts at particular locations under the jurisdiction of the City.
32. Within six months of the effective date of this Agreement, the City will identify and report to the Department all streets, roads, and highways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.
33. Beginning no later than three months of the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered.
34. Within six months of the effective date of this Agreement, the City will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway.
35. Beginning no later than three months of the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway.
PHYSICAL CHANGES TO FACILITIES
36. The elements or features of the City's facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the City's services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.
37. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement.
38. Within six months of the effective date of this Agreement, the City will install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible, and are City owned and operated.
Newly Constructed Facilities: In order to ensure that the following spaces and elements in City facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions within 6 months of the effective date of this agreement, unless otherwise indicated:
39. Belle Isle - Golf Course Pro Shop
a. Accessible Parking Spaces
There is no designated van accessible parking space in the parking lot. Provide a designated van accessible parking space with an access aisle at least 96 inches wide, and with a "van accessible" sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4, 4.30.7, Fig. 9.
b. Entrance Rampi. The clear space between the gripping surface of the handrails of the ramp and the adjacent surface is 2 inches. Provide handrails where the clear space between the handrails and the adjacent surface is 1 1/2 inches. Standards. §§ 4.1.3(1), 4.3.2(1), 4.8.5, 4.26.1, 4.26.2, Fig. 39(a).
ii. The handrails of the ramp do not have ends that are rounded or return smoothly to the floor, wall or post. Provide handrails with ends which are either rounded or returned smoothly to floor, wall, or post . Standards
§§ 4.1.3(1), 4.3.2(1), 4.8.5 (3).
iii. The top of the handrail gripping surface is 40 inches above the finished surface of the ramp. Provide a handrail on each side of the ramp so that the top of the handrail gripping surface is located between 34 and 38 inches above the ramp surface. Standards §§ 4.1.3(1), 4.3.2(1), 4.8.5(5).c. Men's and Women's Toilet Rooms
i. The men's and women's toilet room signs mounted on the doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. The side grab bars in the men's and women's toilet rooms' designated accessible stalls extend 13 1/2 inches from the rear wall. Provide a side grab bar in each stall so that the end nearest the rear wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the rear wall is located at least 52 inches from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30(d), 4.26.
iii. The coat hooks in the men's and women's toilet rooms are located 58 inches above the finished floor. Provide a coat hook in each room that is no more than 54 inches for a front approach, or 48 inches for a side approach, above the finished floor. Standards §§ 4.1.3(11), 4.22, 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
iv. The clear floor space at the lavatory area in the women's toilet room is
28 1/2 inches wide and 30 1/2 inches deep. Provide clear floor space at the lavatory that is a minimum of 30 inches wide and 48 inches deep. Standards §§ 4.1.3(11), 4.22.6, 4.19.3, 4.2.4, Fig. 32.
v. Access to the required clear floor space at the soap dispensers in the men's and women's toilet rooms is obstructed by their location. Provide a soap dispenser in each room that is mounted at 48 inches above the floor for a front approach, or 54 inches above the floor for a side approach, and that has a clear floor space of 30 inches by 48 inches. Standards §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6.
vi. The hot water and drain pipes in the men's and women's toilet rooms are not protected. Insulate or otherwise configure the hot water and drain in each room to protect against contact. Standards § 4.19.4.
40. Lipke Recreation Center and Playground
Family Toilet Room
There is no visual alarm in the family toilet room. Provide a visual alarm in the room that has the required minimum photometric and location features and is integrated into the building alarm system. Standards §§ 4.1.3(11), 4.22, 4.28.3.41. Detroit Zoo - Wildlife Interpretive Gallery
a. The auditorium has no assistive listening system. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system. Standards §§ 4.1.3(19)(b), 4.30.7(4), 4.33.
b. The auditorium's accessible seating area measures 116 inches wide and 70 inches deep, and does not provide adequate space for the required wheelchair seating. Provide 4 wheelchair seating locations that are each at least 60 inches deep for a side approach or 48 inches deep for a front or rear approach and 33 inches wide with adjacent fixed companion seats next to each wheelchair seating location. Standards §§ 4.1.3(19)(a), 4.33.2, 4.33.3, Fig. 46.
Altered Facilities: In order to ensure that the following spaces and elements in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions:
42. Parking Violations Bureau Customer Service Center (1600 W. Lafayette)
b. Men's and Women's Toilet Rooms
i. The men's and women's toilet room signs mounted on the doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.3(16), 4.30.6.
ii. The toilet flush controls in the men's and women's toilet rooms are not mounted on the wide (transfer) approach side of the toilet. Provide a flush control in each room mounted on the wide side of the toilet area no more than 44 inches above the floor. Standards § 4.16.5.
iii. Access to the side grab bars in the men's and women's toilet rooms' designated accessible stalls are obstructed by the toilet seat cover dispensers. Provide a minimum of 1 1/2 inches of clearance to the underside of the side grab bar in each stall. Standards §§ 4.26.2, Fig. 39(d).
iv. The rim of the urinal in the men's room is 20 inches above the finished floor. Provide a urinal with an elongated rim no higher than 17 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2.
v. The height of the lavatory aprons in the men's and women's toilet rooms provides a clearance of 27 1/2 inches above the finished floor. Provide a lavatory in each room so that there is a clearance of at least 29 inches above the finished floor to the bottom of the apron. Standards
§§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.
vi. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Provide hot water and drain pipes that are protected against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
vii. The coat hooks in the men's and women's toilet rooms are located 62 1/2 inches above the finished floor. Provide a coat hook in each room that is no more than 54 inches for a front approach, or 48 inches for a side approach, above the finished floor. Standards §§ 4.1.3(11), 4.22, 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
43. Ford Underground Parking Garage
a. Elevator
The elevator has no visual or audible signals. Provide visual and audible signals that comply with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(5), 4.10.4, 4.10.7.
44. First & Bagley Garage
a. Elevator
i. The elevator control panel does not have raised characters and Braille. Provide a control panel that has control buttons designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols. Standards §§ 4.1.6(1)(b), 4.1.3(5), 4.10.12(2), 4.30.
ii. The highest control on the panel in the elevator is mounted 58 inches above the floor of the elevator. Provide a control panel where the highest control is no more than 54 inches above the floor of the elevator. Standards §§ 4.1.6(1)(b), 4.1.3(5), 4.10.12(3).
iii. The elevator has no audible signal. Provide an audible signal that complies with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(5), 4.10.4, 4.10.7.
45. Youth Opportunity Center
a. Sloped Sidewalk From Parking Lot to Building Entrance
There is a two inch abrupt change in level where the parking lot and the sloped sidewalk meet along the accessible route from the parking lot to the building's entrance. Provide a transition between the parking lot and the sloped sidewalk that is flush and free of abrupt changes. Standards §§ 4.3.8, 4.5.2, 4.7.2.
b. Accessible Parking Spaces
The parking lot has no designated van accessible parking spaces, and none of the designated accessible spaces have access aisles. Provide a 96 inch access aisle for the designated van accessible parking spaces, and a 60 inch access aisle for the other designated accessible spaces. Two accessible parking spaces may share a common access aisle. Provide a sign for each of the designated accessible parking spaces, and a "van accessible" sign mounted below the symbol of accessibility for the designated van accessible spaces. Standards §§ 4.1.2(5)(b), 4.6.3, 4.6.4., 4.3, 4.30, Fig. 9.
c. Interior Ramp
The interior ramp that is part of the accessible path of travel has a slope of 1:14.3. Provide a ramp so that the slope does not exceed 1:12 and the cross slope is no greater than 1:50, or provide directional signage at this ramp to an alternative accessible route. Standards §§ 4.1.6(1)(b), 4.3.1, 4.3.8, 4.5.2, 4.8, Fig.17, 4.26, 4.30.1, 4.30.2, 4.30.3, 4.30.4, 4.30.5, 4.30.7.
d. Private Men's and Women's Toilet Rooms
The accessible private men's and women's toilet rooms are not available for use by the general public. Provide directional signs at these toilet rooms indicating to the general public the location of the accessible women's and men's toilet rooms available for public use. Standards §§ 4.1.6(1)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7
e. Public Men's and Women's Toilet Roomsi. The men's and women's toilet room signs mounted on the doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(1)(b), 4.30.6.
ii. The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.1.6(1)(b), 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
iii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
iv. The toilet seat cover dispensers in the men's and women's toilet rooms are 59 inches above the finished floor. Provide a toilet seat cover dispenser in each room that is a minimum of 48 inches for a forward reach, or 54 inches for a side reach, above the finished floor. Standards §§ 4.1.6(1)(b), 4.22.7, 4.27, 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
f. Public Telephone
The coin slot of the public telephone located in the lobby is 63 inches above the finished floor. Provide a public telephone that has its highest operable part within the reach ranges specified in the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(17)(a), 4.31.2 through 4.31.8, 4.2.5, 4.2.6.
46. SER Metro Detroit Business Institute
a. Building #2 Men's and Women's Toilet Rooms
i. The men's and women's toilet room signs mounted on the doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(1)(b), 4.30.6.
ii. The mirrors in the men's and women's toilet rooms are mounted so that the bottom edge of the reflecting surface is 49 inches above the finished floor. Provide one mirror in each toilet room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.1.6(1)(b), 4.22.6, 4.19.6, Fig. 31.
iii. There is no 36 inch wide toilet stall with parallel grab bars. Provide a 36 inch wide stall in each room with an outward swinging, self-closing door and parallel grab bars. Standards §§ 4.1.6(1)(b), 4.22.4, Fig.30(b), 4.16, 4.17.3, 4.26.
iv. The paper towel dispensers located in the designated accessible stalls in the men's and women's toilet rooms are protruding objects. Provide a paper towel dispenser in each accessible stall that is not a protruding object. Standards §§ 4.1.6(1)(b), 4.22.7, 4.1.3(2), 4.4.1.
v. Access to the required lavatory clear floor space in the men's toilet room is obstructed by a trash receptacle. Provide a clear floor space of 30 inches by 48 inches in front of the lavatory which extends a maximum of 19 inches underneath the lavatory. Standards §§ 4.1.6(1)(b), 4.2.3(11),4.2.4, 4.22.6, 4.19.3, Fig. 32.
b. Porter Street Entrance Ramp
The entrance ramp has a slope of 1:11.4. Provide a ramp so that the slope does not exceed 1:12; the cross slope is no greater than 1:50. Standards §§ 4.1.6(1)(b), 4.3.8, 4.5.2, 4.8, Fig.17, 4.26.
c. Porter Street Visitor's Parking Lot
There is no signage identifying a designated van accessible parking space. Provide one 96-inch space and one 96 inch access aisle for a designated van accessible parking space. Provide a sign at the accessible space designating it a van accessible space, and provide a "van accessible" sign mounted below the symbol of accessibility for the designated van accessible space. Standards
§§ 4.1.6(1)(b), 4.1.2(5)(b), Fig. 9, 4.6.4., 4.30.
d. Building #3 Men's and Women's Toilet Rooms
The men's and women's toilet rooms in Building #3 are not accessible. Provide directional signs at these toilet rooms indicating the location of the accessible men's and women's toilet rooms in Building #2. Standards §§ 4.1.6(1)(b), 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7
e. Interior Ramp Between Building #2 and Building #3
The interior ramp that is part of the accessible path of travel between the two buildings has a slope of 1:11.4. Provide a ramp so that the slope does not exceed 1:12 and the cross slope is no greater than 1:50, or provide directional signage at this ramp to an alternative accessible route. Standards §§ 4.1.6(1)(b), 4.3.1, 4.3.8, 4.5.2, 4.8, 4.26, 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
f. Abbott Street "B" Parking Lot
The eight designated accessible parking spaces in the parking lot have one sign located between two spaces with arrows pointing to each of the two adjacent spaces. Provide a 96-inch space and a 96-inch access aisle for a designated van accessible parking space. Provide a sign, that meets the requirements of the Standards, at each accessible space designating it an accessible space, and provide a "van accessible" sign mounted below the symbol of accessibility for the designated van accessible space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), Fig. 9, 4.6.3, 4.6.4., 4.30.
47. Work Place North
a. 1st Floor Men's and Women's Toilet Rooms
These men's and women's toilet rooms are not accessible. Provide directional signs at these toilet rooms indicating the location of the accessible men's and women's toilet rooms in the building. Standards §§ 4.1.6(1)(b), 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
b. 4st Floor Men's and Women's Toilet Rooms
i. The men's and women's toilet room signs mounted on the doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(1)(b), 4.30.6.
ii. The entry door to the men's toilet room lacks the 18 inch minimum maneuvering clearance on the pull-side. Provide a door with a minimum maneuvering clearance on the pull-side of at least 18 inches. Standards
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.2, 4.13.6 & Fig. 25.
iii. The hot water and drain pipes beneath the lavatory in the men's toilet room are not insulated or configured to protect against contact. Protect the hot water and drain pipes against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
vi. There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each rooms. Standards §§ 4.1.6(1)(b), 4.1.3(14), 4.28.
c. Basement Men's and Women's Toilet Rooms
i. The toilet paper dispensers in the men's and women's toilet rooms' designated accessible stalls obstruct access to the side grab bars. Provide a toilet paper dispenser in each accessible stall in a location that does not obstruct the use of the side grab bar. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.
ii. The hot water and drain pipes beneath the lavatory in the men's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
iii. There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each room that is in compliance with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(14), 4.28.
iv. The mirror in the men's and women's toilet rooms is mounted so that the bottom edge of the reflecting surface is 54 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6.d. Basement Lunch Room Public Telephone
The public telephone in the lunch room does not comply with § 4.1.3(17). Provide a public telephone that has hearing aid compatibility, a volume control and signage, and that has its highest operable part within the reach ranges specified in the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(17), 4.31.2 through 4.31.8, 4.2.5, 4.2.6.
48. Henderson Marina
a. Men's and Women's Toilet Rooms
The men's and women's toilet room signs mounted on the doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(1)(b), 4.30.6.
b. There are no compliant designated accessible parking spaces located at the rear of the facility. Provide compliant designated accessible parking spaces at the rear of the building, or signage directing individuals to compliant designated accessible parking spaces in other locations at the facility. Standards §§ 4.1.6(1)(b), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
Program Access in Existing Facilities: In order to ensure that each of the City'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 mobility impairments, the City will take the following actions within two years of the effective date of this agreement, unless otherwise indicated:
49. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151.
50. Coleman A. Young Municipal Building
a. 13th Floor
i. Drinking Fountains
The spout of the drinking fountains is 39 inches above the finished floor. Provide a drinking fountain with the spout no more than 36 inches above the finished floor. Standards § 4.15.2.
ii. Men's and Women's Toilet Rooms
The inaccessible toilet rooms have no signage directing individuals to accessible toilet rooms. Provide signs directing individuals to the nearest accessible toilet rooms. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
iii. Council Chamber
The council chamber lacks accessible signage. Provide room number signage for the council chamber. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
b. 4th Floor
i. Building & Safety Engineering Dept.
(1) Service Counter
The top of the service counter is 43 inches above the finished floor. Provide a 36 inch wide portion of the counter that is no more than 36 inches above the finished floor. Standards § 7.2(2).
(2) Work Area
The work area writing surface used to fill out forms is 41 inches to the bottom, and 47 inches to the top from the finished floor. Provide a writing surface in the work area that is usable by persons who use wheelchairs. Standards, §§ 4.32.3, 4.32.4.
(3) License and Permits Service Counter
Access to the service counter is obstructed. Provide and maintain a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, § 7.2(2); or provide access to services transacted at this counter through alternative means (e.g., by offering those services at an equivalent accessible location in the same area for individuals who use wheelchairs).
ii. Room 408
The Mechanical, Electrical, Plumbing Permits service counter is 42 inches above the finished floor. Provide a 36 inch wide portion of the counter that is no more than 36 inches above the finished floor. Standards § 7.2(2).
iii. Room 418
The Abatement Office service counter is 44 inches above the finished floor. Provide a 36 inch wide portion of the counter that is no more than 36 inches above the finished floor. Standards § 7.2(2).
iv. Housing Inspection Division
The Division service counter is 42 inches above the finished floor. Provide a 36 inch wide portion of the counter that is no more than 36 inches above the finished floor. Standards § 7.2(2).
v. Drinking Fountains
The spout of the drinking fountains is 39 inches from the finished floor. Provide a drinking fountain with the spout no more than 36 inches above the finished floor. Standards § 4.15.2.
c. 1st Floor
i. Central Neighborhood City Hall
The City Hall's service counter is 42 inches above the finished floor. Provide a 36 inch wide portion of the counter that is no more than 36 inches above the finished floor. Standards § 7.2(2)
ii. Treasury Division(1) Entrance Door
No accessible signage is provided for this permanent space. Provide a sign designating the space by room number only, mounted on the wall adjacent to room entry opening at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
(2) Cashier Counters
The Division's cashier counters are 42 inches and 40 inches above the finished floor. Provide a portion of at least one of the counters that is no more than 36 inches above the finished floor. Standards § 7.2(2).
iii. Treasury Division- Room 136
The Taxes cashier counter is 43 inches above the finished floor. Provide a 36 inch wide portion of the counter that is no more than 36 inches above the finished floor. Standards § 7.2(2).
iv. Treasury Division - Room 124
The Check Disbursement service counter is 43 inches above the finished floor. Provide a 36 inch wide portion of the counter that is no more than 36 inches above the finished floor. Standards § 7.2(2).
v. Drinking Fountains
The spout of the drinking fountains is 39 inches from the finished floor. Provide a drinking fountain with the spout no more than 36 inches above the finished floor. Standards § 4.15.2.
51. Fire Department Headquarters
a. 5th Floor
i. Men's and Women's Toilet Rooms
The inaccessible toilet rooms have no signage directing individuals to accessible toilet rooms. Provide signs directing individuals to the nearest accessible toilet rooms. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
ii. Doors to Inspection Section
(1) The entrance to the Inspection Section's room lacks accessible signage. Provide room number signage for the room that complies with the Standards. Standards §§ 4.30.1, 4.30.2, 4.30.4, 4.30.5, 4.30.6.
(2) The entrance to the Inspection Section's room has a double leaf doorway, of which each leaf measures 30 inches wide. Provide a door that has a minimum clear opening width of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees, or provide an automatic door opener operating both doors simultaneously. Standards §§ 4.13.4, 4.13.5, 4.13.6.
b. 4th Floor
i. Men's and Women's Toilet Room Door
The men's and women's toilet room signs mounted on the doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. Men's Toilet Room(1) The mirror in the men's toilet room is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor. Provide a mirror in the room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, Fig. 31.
(2) The toilet room has no grab bars. Provide side and rear grab bars in the room that complies with the Standards. Standards §§ 4.16.4, 4.26, Fig. 29.
(3) There is insufficient clear floor space at the lavatory in the toilet room. Provide a clear floor space at the lavatory in the room that is 30 inches wide and 48 inches deep. Standards §§ 4.16.2, Fig. 28. .iii. Women's Toilet Room
(1) The mirror in the women's toilet room is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor. Provide a mirror in the room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, Fig. 31.
(2) The soap dispenser control in the toilet room is located 53 inches above the finished floor for a forward reach. Provide a soap dispenser control in the room that is no more than 48 inches for a forward reach, or 54 inches for a side reach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
(3) There is insufficient clear floor space at the lavatory in the toilet room. Provide a clear floor space at the lavatory in the room that is 30 inches wide and 48 inches deep. Standards §§ 4.16.2, Fig. 28.
(4) No side and rear grab bars are provided. Provide a 42 inch long side grab bar mounted 12 inches from the rear wall, and a minimum 36 inch long rear grab bar mounted such that it projects a minimum of 12 inches towards the wide, or transfer side of the water closet, both between 33 and 36 inches above the finished floor, and 1 1/2 inches from the wall on which they are mounted. Standards § 4.16.4, Fig. 29. .
52. Cobo Hall
a. Level 3
i. Men's and Women's Toilet Rooms (3 Identical Sets)
(1) The men's and women's toilet rooms' signage is not accessible. Provide a sign for each room that has raised and brailled characters and pictorial symbol signs, and is mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.3, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
(2) The entrance door to each toilet room has 9 inches of maneuvering clearance on the pull side. Provide an entrance door to each room that has a minimum of 18 inches of maneuvering clearance at the latch side of the door. Standards §§ 4.22.2, 4.13.6, Fig. 25.
(3) The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
(4) The toilet paper dispensers in the designated accessible stalls in the men's and women's toilet rooms obstruct access to the side grab bars. Provide a minimum of 1 1/2 inches of clearance to the underside of the side grab bars. Standards § 4.26.2, Fig. 39(d).
(5) The height of the lavatory counters in the men's and women's toilet rooms are 35 1/2 inches above the finished floor. Provide a lavatory in each room with a counter/rim that is no more than 34 inches above the finished floor, with a clearance of at least 29 inches above the finished floor to the bottom of the apron, and that otherwise complies with the Standards. Standards §§ 4.22.6, 4.19.2 & Fig. 31.
(6) The mirror in the men's and women's toilet rooms is mounted so that the bottom edge of the reflecting surface is 42 1/2 inches above the finished floor. Provide a mirror in each toilet room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, Fig. 31.
(7) The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
ii. Elevator
The elevator has no visual or audible signals. Provide a visual and audible signal to indicate which car is answering a call. Standards §§ 4.10.4, 4.10.7.iii. General Offices
The entrance to the general offices lacks accessible room number signage. Provide room number signage for the general offices that complies with the Standards. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
iv. Ramp
The ramp that is part of the walkway between levels 2 and 3 has a slope of 1:11. Provide a ramp so that the slope does not exceed 1:12 and the cross slope is no greater than 1:50, or provide directional signage at this ramp indicating the location of the elevator that allows access between levels 2 and 3. Standards §§ 4.3.1, 4.3.8, 4.5.2, 4.8, Fig.17, 4.26, 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
b. Level 2 and Level 1
i. Men's and Women's Toilet Rooms
(1) The room signs mounted on the men's and women's toilet room doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
(2) Access to the required maneuvering clearance at the push side of the men's and women's toilet room entry doors is not provided. Provide a minimum of 12 inches of unobstructed maneuvering clearance at the latch side of each entry door. Standards § 4.13.6, Fig. 25(a).
(3) The toilet paper dispenser in the men's and women's toilet rooms' designated accessible stall obstructs access to the side grab bar. Provide a toilet paper dispenser in each accessible stall in a location that does not obstruct access to the side grab bar. Standards §§ 4.16.6, 4.17.6.
(4) The toilet seat cover dispenser in the men's and women's toilet rooms is located 58 inches above the finished floor. Provide a toilet seat cover dispenser in each room that is no more than 54 inches for a front approach, or 48 inches for a side approach, above the finish floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b), 4.27.
(5) Access to the urinals in the men's toilet room is obstructed due to their mounting height. Provide a urinal with an elongated rim at a maximum of 17 inches above the finished floor. Standards
§ 4.18.2.
ii. Drinking Fountain
The required drinking fountain configuration is not provided. Provide one
drinking fountain with access to the required knee space, floor clearances,
and spout and control heights; also provide one drinking fountain which is accessible to those individuals who have difficulty bending or stooping. Standards §§ 4.15, 4.1.3(10)(a).
53. Belle Isle
a. Exterior Public Telephone
The public telephone located on Picnic Drive has insufficient clear ground space for a forward approach by a person using a wheelchair. Provide a public telephone that provides a clear ground space of at least 30 inches by 48 inches that allows either a forward or parallel approach. Standards §§ 4.31.2 through 4.31.8, 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6.
b. Playground
Access to the playground equipment is not provided. Provide an unobstructed accessible route to the playground equipment. Standards § 4.1.2(2).
c. Aquarium
i. Drinking Fountain
The exterior drinking fountain is not accessible because of its placement on a concrete pad. Provide an accessible drinking fountain with access to the required knee space, floor clearances, and spout and control heights. Standards § 4.15.
ii. Accessible Parking Spaces
The access aisle for the designated van accessible parking space is less than 96 inches wide. Provide an access aisle for the van accessible parking space that is at least 96 inches wide access aisle. Standards §§ 4.6.3, Fig. 9, 4.6.4.
iii. Entrance Ramp(1) The entrance ramp is 30 1/2 inches wide. Provide a ramp that is at least 36 inches wide. Standards §§ 4.3.2(3), 4.3.7, 4.8.3.
(2) The handrails at the bottom of the entrance ramp have no extensions. Provide handrails that extend at least 12 inches beyond the bottom of the ramp. Standards § 4.8.5(2), Fig. 17.iv. Exhibit Tanks
The exhibit tanks and other exhibit features are not accessible to persons
who use wheelchairs because of the height and configuration of the displays. There are no audio descriptions of the exhibits provided for persons with visual impairments. Within 6 months of the effective date of this agreement, the City will propose a plan to provide program access to these exhibits for persons with disabilities.
v. Men's and Women's Toilet Rooms
The men's and women's toilet rooms not accessible. Provide directional signs at these toilet rooms indicating the location of the accessible men's and women's toilet rooms in the Pavilion Toilet Rooms outside. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
d. Pavilion Men's and Women's Toilet Rooms
i. The soap dispenser in the men's and women's toilet rooms intrudes into the clear floor space required at the lavatory. Provide a lavatory in the men's and women's toilet rooms that complies with the clear floor space requirements of the Standards. Standards §§ 4.19.3, Fig. 32, 4.2.4.
ii. The designated accessible stall in the men's and women's toilet rooms is 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
iii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
iv. The entrance ramps to the men's and women's toilet rooms lack the required handrails. Provide handrails along both sides of each ramp, which have continuing gripping surfaces mounted between 34 and 38 inches above the ramp surface, and ends that are either rounded or returned smoothly to the ground surface. If the handrails are not continuous, they shall extend at least 12 inches beyond the top and bottom of the ramp and shall be parallel with the ground surface. Standards § 4.8.5, Fig.17.
e. Conservatory
i. Each leaf of the double leaf doors has a clear opening width of 28 inches. Provide at least one active leaf with a minimum clear opening of 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees, or provide an automatic opener operating both doors simultaneously. Standards §§ 4.13.4, 4.13.5.
ii. The accessible route throughout the Conservatory's interior exhibits has portions that are less than 36 inches wide. Provide an accessible route throughout the interior exhibits that is at least 36 inches wide. Standards § 4.3.3.f. Turkey Grill Concession Areas
i. There are no curb ramps from the parking lot serving the concession area to the sidewalk. Provide a curb ramp from the parking lot to the sidewalk that complies with the Standards. Standards §§ 4.3.8, 4.5, 4.7.
ii. There is no designated accessible parking space in the parking lot. Provide at least one designated van accessible parking space in the parking lot that is 96 inches wide, served by an access aisle at least 96 inches wide and identified by a "van accessible" sign mounted below the symbol of accessibility. Standards §§ 4.6.1, 4.6.2, 4.6.3, 4.6.4., 4.30.
g. Athletic Center
i. Men's and Women's Locker Room Toilet Rooms
(1) The mirror in the men's and women's toilet rooms is mounted so that the bottom edge of the reflecting surface is 44 inches above the finished floor. Provide a mirror in each room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, Fig. 31.
(2) The coat hook in the men's and women's toilet rooms is located 64 inches above the finished floor. Provide a coat hook in each room that is no more than 54 inches for a front approach, or 48 inches for a side approach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
(3) The designated accessible shower stalls in the men's and women's toilet rooms are 37 inches wide and 82 inches long, and the fixed shower head in the men's stall is 60 inches and in the women's stall 78 inches above the stall floor. Provide a shower stall and stall elements in each room that complies with the Standards. Standards §§ 4.21, Figs. 35 and 37, 4.26, 4.27.
(4) The designated accessible toilet stalls in the men's and women's toilet rooms are less than the required minimum. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
(5) The entrances to the men's and women's locker rooms lack accessible signage. Provide accessible signage for the entrance to each room that complies with the Standards. Standards
§§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
h. Playing Fields
All of the bleacher viewing areas do not have accessible viewing areas. Provide directional signs at the entrance to the fields indicating the location of the accessible viewing areas. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.4, 4.30.5, 4.30.7.i. Nature Center
i. Accessible Parking Spaces
There is no designated van accessible parking space in the parking lot. Provide a van accessible parking space with an access aisle at least 96 inches wide, and with a "van accessible" sign mounted below the symbol of accessibility. Standards § 4.6.4, Fig. 9.
ii. Men's and Women's Toilet Rooms(1) The designated accessible stall in the men's and women's toilet rooms is 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
(2) The door to the designated accessible stall has a twist lock device. Provide an accessible lock device that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Standards §§ 4.22.2, 4.13.9.
(3) The men's and women's toilet rooms' signage is not accessible. Provide a sign for each room that has raised and brailled characters and pictorial symbol signs, and is mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.3, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
(4) The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
iii. Information Counter
The top of the information counter is 42 inches above the finished floor. Provide a portion of a counter that is at least 36 inches wide and no more than 36 inches above the finished floor. Standards § 7.2(2).j. Golf Course Concession Building
i. Men's and Women's Toilet Rooms
The inaccessible toilet rooms have no signage directing individuals to accessible toilet rooms. Provide signs directing individuals to the nearest accessible toilet rooms. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.4, 4.30.5.
ii. Concession Service Counter
There is no accessible route from the roadways surrounding the building to the concession service counter. Provide an accessible route from the surrounding roadways to the concession service counter, which should include curb ramps from the surrounding roadways to the sidewalk, and from the sidewalk to the concession service counter. Standards
§§ 4.3.2(2), 4.7.
k. Bathhouse
i. Entrance Ramp
The top of the handrail gripping surface is 39 inches above the finished surface of the ramp. Provide a handrail on each side of the ramp so that the top of the handrail gripping surface is located between 34 and 38 inches above the ramp surface. Standards § 4.8.5(5).
ii. Men's and Women's Toilet Rooms
(1) The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
(2) The designated accessible showers stall in the men's and women's toilet rooms are 36 inches wide and 71 inches deep, have a two inch curb and a fixed shower head that is 73 inches high. Provide a shower stall in each room that is exactly 36 inches by 36 inches or 30 inches by 60 inches, has a curb that is no higher than 1/2 inch, and has a shower spray unit with a hose at least 60 inches long that can be used as a fixed shower head and as a hand-held shower. Standards §§ 4.23.8, 4.21.2, 4.21.6, 4.21.7, Fig. 35(a).
(3) The toilet paper dispensers in the designated accessible stalls in the men's and women's toilet rooms obstruct access to the side grab bars, and are 45 inches from the rear wall. Provide a toilet paper dispenser in each accessible stall in a location that does not obstruct access to the side grab bar, and where the farthest end of the dispenser is no more than 36 inches from the rear wall. Standards §§ 4.16.6, 4.22.7, 4.17.6.
(4) The parking lot has signage identifying four designated accessible parking spaces, including a designated van accessible parking space, that are not demarcated. Provide a 96-inch parking space and a 96-inch access aisle for the designated van accessible parking space, and a 96-inch parking space and a 60-inch access aisle for the other designated accessible parking spaces. Standards
§§ 4.1.2(5)(a), 4.6.
iii. Beach
Access to the beach is obstructed by a step. Provide an unobstructed accessible route to this area. Standards § 4.1.2(2).l. Dossin Great Lakes Museum
The portable exhibit table containing a high powered magnifier is 26 inches to the bottom, and is 42 inches to the magnifier's sight from the finished floor. Provide an exhibit table that can be used by persons who use wheelchairs to utilize the high powered magnifier. See Standards §§ 4.32.3, 4.32.4.
m. Casinoi. Accessible Route
There are no curb ramps from the parking lot serving the casino to the sidewalk. Provide a curb ramp from the parking lot to the sidewalk that complies with the Standards. Standards §§ 4.3.8, 4.5, 4.7.
ii. Entrance Ramp
The gripping surface of the ramp's handrails is 41 inches above the ramp surface. Provide handrails that are positioned so that the gripping surface is between 34 and 38 inches above the ramp surface and otherwise comply with the Standards. Standards §§ 4.8.5, 4.26.2.
iii. Men's and Women's Toilet Rooms
(1) The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
(2) The mirror in the men's and women's toilet rooms is mounted so that the bottom edge of the reflecting surface is 46 1/2 inches above the finished floor. Provide a mirror in each toilet room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, Fig. 31.iv. Second Floor Family Toilet Room
(1) The room signs mounted on the men's and women's toilet room doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
(2) The rolls in the toilet paper dispenser in the family toilet room are located 39 and 42 inches from the back wall. Provide a dispenser so that it is below the side grab bar and the farthest edge of the toilet paper rolls is no more than 36 inches from the back wall with its centerline no less than 19 inches above the finished floor. Standards §§ 4.16.6, 4.22.7, 4.17.6.
(3) The mirror in the family toilet room is mounted so that the bottom edge of the reflecting surface is 44 inches above the finished floor. Provide a mirror in the room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, Fig. 31.
(4) The hot water and drain pipes beneath the lavatory in the family toilet room are not insulated or configured to protect against contact. Protect the hot water and drain pipes in the toilet room against contact. Standards § 4.19.4.
(5) There is no visual alarm in the family toilet room. Provide a visual alarm in the room that complies with the Standards. Standards
§ 4.28.3.
(6) The fire extinguisher on the second floor is located 58 inches above the finished floor for a forward reach. Provide a fire extinguisher that is no more than 48 inches for a forward reach, or 54 inches for a side reach, above the finished floor. Standards
§§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
54. 5th Precinct Police Station
a. Lobby Public Telephone
The coin slot of the public telephone located in the lobby of the Station is 63 inches above the finished floor. Provide a public telephone in the lobby of the Station that has its highest operable part within the reach ranges specified in the Standards. Standards §§ 4.31.3, 4.2.5, 4.2.6.
b. Men's and Women's Toilet Roomsi. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
ii. The mirror in the men's and women's toilet rooms is mounted so that the bottom edge of the reflecting surface is 53 inches above the finished floor. Provide a mirror in each toilet room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, Fig. 31.
iii. The entrance to the women's toilet room lacks accessible signage. Provide accessible signage for the entrance to the room that complies with the Standards. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.c. Inmate Booking Area Public Telephone
The coin slot of the public telephone located in the inmate booking area is 59 inches above the finished floor, and the telephone has no volume control. Provide a public telephone that has its highest operable part within the reach ranges specified in the Standards, and has all the other features required by the Standards, including volume control. Standards §§ 4.1.3(17), 4.31.2 through 4.31.5, 4.2.5, 4.2.6.
d. Men's and Women's Misdemeanor Bull Pen Toilet Rooms
The men's and women's toilet rooms not accessible. Provide directional signs at these toilet rooms indicating the location of accessible men's and women's toilet rooms in the Station. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
e. Accessible Parking Spaces
There are no designated accessible parking spaces provided in the parking lot. Provide 6 designated accessible parking spaces, including at least one designated van accessible parking space, that are located on the shortest accessible route to the accessible entrance of the building. Provide 96 inch parking spaces for each designated parking space, a 96 inch access aisle for the designated van accessible parking spaces, and a 60 inch access aisle for the other designated accessible parking spaces. Two accessible parking spaces may share a common access aisle. Provide a sign for each of the designated accessible parking spaces, and a "van accessible" sign mounted below the symbol of accessibility for the designated van accessible spaces. Standards §§ 4.6.3, 4.6.4., 4.3, 4.30, Fig. 9.
55. 11th Precinct Police Station
a. Curb Ramp
There is no accessible route from the accessible parking spaces to the accessible building entrance. Provide an accessible route from the accessible parking spaces to the entrance which should include a curb ramp from the accessible parking to the sidewalk. Standards §§ 4.3.8, 4.7.
b. Accessible Parking Spaces
The parking lot has no van accessible signage. Neither of the designated accessible spaces are demarcated. Provide a 96 inch parking space and a 96 inch access aisle for the designated van accessible parking space, and a 96-inch parking space and a 60-inch access aisle for the other designated accessible parking space. Provide a "van accessible" sign mounted below the symbol of accessibility on the sign identifying the designated van accessible parking space. Standards §§ 4.6.3, Fig 9, 4.6.4.
c. Lobby Public Telephone
The public telephone located in the lobby area of the Station has no volume control. Provide a public telephone in the lobby area of the Station that has volume control. Standards §§ 4.31.1, 4.31.5.
d. Men's and Women's Toilet Rooms
i. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. The men's and women's toilet rooms' entry doors' spherical hardware does not provide the required access. Provide each door with hardware with a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Standards
§ 4.13.9.
iii. Access to the required maneuvering clearance at the push side of the entry door to the women's toilet room is not provided. Provide a minimum of 12 inches of unobstructed maneuvering clearance at the latch side of the entry door. Standards § 4.13.6, Fig. 25(a).
iv. The accessible stall in the men's and women's toilet rooms is 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
v. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
vi. There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each room that complies with the Standards. Standards
§ 4.28.3.
vii. The room signs mounted on the men's and women's toilet rooms and locker rooms doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
viii. The paper towel dispenser in the men's and women's toilet rooms is located 63 inches above the finished floor. Provide a paper towel dispenser in each room that is no more than 48 inches for a forward reach, or 54 inches for a side reach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
e. Inmate Holding Area Public Telephone
The public telephone is not accessible. Provide directional signs at this telephone indicating that accessible telephones are located in the holding cells. Standards
§§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7
f. Men's and Women's Locker Roomsi. The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" designated accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
ii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
iii. There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each room that complies with the Standards. Standards
§ 4.28.3.
iv. The paper towel dispenser control in the men's toilet room is 63 inches, and in the women's toilet room 59 inches above the finished floor. Provide a paper towel dispenser control in each room that is no more than 48 inches for a forward reach, or 54 inches for a side reach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
v. The designated accessible shower stalls in the men's and women's locker rooms are 36 inches wide and 58 inches deep, and have a one inch curb. Provide a shower stall in each room that is exactly 36 inches by 36 inches or 30 inches by 60 inches, and has a curb that is no higher than 1/2 inch. Standards §§ 4.23.8, 4.21.2, 4.21.7, Fig. 35.
vi. The entrances to the men's and women's locker rooms lack accessible signage. Provide accessible signage for the entrance to each room that complies with the Standards. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
56. Coleman A. Young Community Center
a. Accessible Parking Spaces
The parking lot has no van accessible signage. None of the 6 designated accessible parking spaces are demarcated. Provide a 96 inch parking space and a 96 inch access aisle for one designated van accessible parking space, and a 96 inch parking space and a 60 inch access aisle for the other designated accessible parking spaces, that are located on the shortest accessible route to the accessible entrance of the building. Provide demarcation for each of the designated accessible parking spaces. Two accessible parking spaces may share a common access aisle. Provide a "van accessible" sign mounted below the symbol of accessibility on the sign identifying the designated van accessible parking space. Standards §§ 4.6.3, Fig 9, 4.6.4, 4.30.
b. Entrance Ramp
The gripping surface of the ramp's handrails is 30 inches above the ramp surface. Provide handrails that are positioned so that the gripping surface is between 34 and 38 inches above the ramp surface. Standards § 4.8.5.
c. Lobby Public Telephone
The public telephone located in the lobby area of the Station has no volume control. Provide a public telephone in the lobby area of the Station that has volume control. Standards §§ 4.31.1, 4.31.5.
d. 1st Floor Men's and Women's Toilet Roomsi. The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
ii. The entrance door to the Sauna has a clear opening width of 24 inches. Provide an entrance door that has a minimum clear opening width of at least 32 inches with the door open 90 degrees. Standards § 4.13.5.
iii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
iv. The men's and women's toilet rooms' signage is not accessible. Provide a sign for each room that has raised and brailled characters and pictorial symbol signs, and is mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.3, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
v. There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each room that complies with the Standards. Standards
§ 4.28.3.
e. 2nd Floor Drinking Fountain
The required drinking fountain configuration is not provided. Provide one
drinking fountain with access to the required knee space, floor clearances,
and spout and control heights; also provide one drinking fountain which is accessible to those individuals who have difficulty bending or stooping. Standards §§ 4.15, 4.1.3(10)(a).
57. City Airport
a. Men's and Women's Toilet Rooms
i. The toilet paper dispensers in the men's and women's toilet rooms' designated accessible stalls obstruct access to the side grab bars. Provide a toilet paper dispenser in the designated accessible stall in each room in a location that meets the Standards and does not interfere with the use of the side grab bar. Standards §§ 4.16.6, 4.22.7, 4.17.6.
ii. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
iii. The flush valve controls are located on the closed side of the designated accessible stalls in the men's and women's toilet rooms. Provide a flush valve control that is located on the open (wide) side of the designated accessible stall in each room or install an automatic flush device. Standards § 4.16.5
iv. There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each room that complies with the Standards. Standards
§ 4.28.3.
v. The doors to the men's and women's toilet rooms have a clear opening width of 27 1/2 inches. Provide a door for each room with a minimum clear opening width of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90. Standards § 4.13.5.
b. Accessible Parking Spaces
None of the 8 designated accessible parking spaces on the parking lot are on the shortest accessible route to the accessible entrance to the building. Provide a 96 inch parking space and a 96 inch access aisle for one designated van accessible parking space, and a 96 inch parking space and a 60 inch access aisle for the other designated accessible parking spaces, that are located on the shortest accessible route to the accessible entrance of the building. Two accessible parking spaces may share a common access aisle. Provide a "van accessible" sign mounted below the symbol of accessibility on the sign identifying the designated van accessible parking space. Standards §§ 4.6.3, Fig 9, 4.6.4, 4.30.
58. Evans Recreation Center
a. Men's and Women's Toilet Rooms
i. The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
ii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
iii. The coat hooks in the men's and women's toilet rooms are located 58 inches above the finished floor. Provide a coat hook in each room that is no more than 54 inches for a front approach, or 48 inches for a side approach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
iv. There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each room that complies with the Standards. Standards
§ 4.28.3.
v. The men's and women's toilet rooms' signage is not accessible. Provide a sign for each room that has raised and brailled characters and pictorial symbol signs, and is mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.3, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. Men's and Women's Locker Rooms
i. An accessible shower head is not provided in the designated accessible shower stalls in the men's and women's locker rooms. Provide either a hand held shower unit or a fixed shower head mounted at a maximum of 48 inches above the finished floor in the designated shower stall in each locker room. Standards §§ 4.1.3(11), 4.23.8, 4.21.6.
ii. Access to the required clear floor space at the soap dispenser in the women's locker room is obstructed by a bench. Provide a soap dispenser in the room that is mounted a maximum of 48 inches above the finished floor for a front approach, or a maximum of 54 inches above the finished floor for a side approach, and that has a minimum clear floor space of 30 inches by 48 inches. Standards §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6.
c. Lobby Public Telephone
The coin slot of the public telephone located in the lobby is 56 inches above the finished floor, and the telephone has no volume control. Provide a public telephone that has its highest operable part within the reach ranges specified in the Standards, and has all the other features required by the Standards, including volume control. Standards §§ 4.1.3(17), 4.31.2 through 4.31.8, 4.2.5, 4.2.6.
d. Accessible Parking Spaces
There are no compliant designated accessible parking spaces located at the rear of the facility. Provide compliant designated accessible parking spaces at the rear of the building, or signage directing individuals to compliant designated accessible parking spaces in other locations at the facility. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5.
59. 12th Precinct Police Station
a. Accessible Parking Spaces
The 120 space parking lot does not provide the required 5 designated accessible spaces, including one designated van accessible spaces. Provide 5 designated accessible parking spaces, including one designated van accessible space, located on the shortest accessible route to the accessible facility entrance. Accessible parking spaces shall be at least 96 inches wide. Each designated accessible parking space shall be served by an adjacent 60 inch (minimum) wide access aisle, and the designated van accessible parking space shall be served by an adjacent 96 inch (minimum) wide access aisle. Two accessible parking spaces may share a common access aisle, which shall be part of an accessible route to the facility entrance. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions. Also, provide a sign at each space designating the spaces as accessible mounted below the symbol of accessibility, and for each designated van accessible space provide an additional sign at each space designating the space as "van-accessible" mounted below the symbol of accessibility, in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a) & (b), 4.6 & Fig. 9, 4.30.7.
b. Lobby Public Telephone
The coin slot of the public telephone located in the lobby of the Center is 59 inches above the finished floor, and the telephone has no volume control. Provide a public telephone in the lobby area of the Center that has its highest operable part within the reach ranges specified in the Standards, and has all the other features required by the Standards, including volume control. Standards §§ 4.31.1 through 4.31.8, 4.2.5, 4.2.6.
c. Men's and Women's Toilet Rooms
i. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. The men's and women's toilet rooms' entry doors' spherical hardware does not provide the required access. Provide each door with hardware with a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Standards
§ 4.13.9.
iii. The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
iv. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
v. The coat hooks in the men's and women's toilet rooms are located 69 inches above the finished floor. Provide a coat hook in each room that is no more than 54 inches for a front approach, or 48 inches for a side approach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
vi. There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each room that complies with the Standards. Standards
§ 4.28.3.
vii. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
c. Men's and Women's Employees Locker Rooms
i. The designated accessible stalls in the men's and women's locker rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
ii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
iii. The lavatories in the men's and women's locker rooms have twist-type faucets. Provide faucets in each room that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. Standards §§ 4.22.6, 4.19.5, 4.27.4.
vi. The height of the lavatory aprons in the men's and women's toilet rooms provide a clearance of 27 inches above the finished floor. Provide a lavatory in each room so that there is a clearance of at least 29 inches above the finished floor to the bottom of the apron. Standards §§ 4.22.6, 4.19.2, Fig. 31.
60. Detroit Zoo
a. Ten Mile Parking Lot
i. The 1,000 space parking lot does not provide the required 20 designated accessible spaces, including two designated van accessible spaces. Provide 20 designated accessible parking spaces, including two designated van accessible spaces, located on the shortest accessible route to the accessible facility entrance. Accessible parking spaces shall be at least 96 inches wide. Each designated accessible parking space shall be served by an adjacent 60 inch (minimum) wide access aisle, and the designated van accessible parking spaces shall be served by an adjacent 96 inch (minimum) wide access aisle. Two accessible parking spaces may share a common access aisle, which shall be part of an accessible route to the facility entrance. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions. Also, provide a sign at each space designating the spaces as accessible mounted below the symbol of accessibility, and for each designated van accessible space provide an additional sign at each space designating the space as "van-accessible" mounted below the symbol of accessibility, in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a) & (b), 4.6 & Fig. 9, 4.30.7.
ii. The designated accessible parking spaces in the parking lot all have one sign located between two spaces with arrows pointing to each of the two adjacent spaces. Provide one sign for each accessible parking space that meets the requirements of the Standards. Standards §§ 4.1.2(5)(b), 4.6.4, 4.30.7.
b. Administration Building Parking Lot
There is no signage identifying any of the designated accessible parking spaces in the parking lot. Provide a sign at each space designating the space as accessible mounted below the symbol of accessibility, and for each designated van accessible space provide an additional sign at each space designating the space as "van accessible" mounted below the symbol of accessibility, in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a) & (b), 4.6 & Fig.9, 4.30.7.
c. Parking Garagei. The 850 space parking lot does not provide the required 17 designated accessible spaces, including two designated van accessible spaces. Provide 17 designated accessible parking spaces, including two designated van accessible spaces, located on the shortest accessible route to the accessible facility entrance. Accessible parking spaces shall be at least 96 inches wide. Each designated accessible parking space shall be served by an adjacent 60 inch (minimum) wide access aisle, and the designated van accessible parking spaces shall be served by an adjacent 96 inch (minimum) wide access aisle. Two accessible parking spaces may share a common access aisle, which shall be part of an accessible route to the facility entrance. spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions. Also, provide a sign at each space designating the spaces as accessible mounted below the symbol of accessibility, and for each designated van accessible space provide an additional sign at each space designating the space as "van-accessible" mounted below the symbol of accessibility, in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a) & (b), 4.6 & Fig. 9, 4.30.7.
ii. The garage has a vertical clearance of 74 inches. Provide a minimum vertical clearance of 98 inches at designated van accessible spaces and along at least one vehicle access route to such spaces from the garage's entrances and exits. Standards § 4.6.5.d. Water Tower Parking Lot
The 14 designated accessible parking spaces in the parking lot all have one sign located between two parking spaces with arrows pointing to each of the two adjacent parking spaces, and none of them identify designated van accessible parking spaces. Provide a sign at each parking space designating the spaces as accessible mounted below the symbol of accessibility, and for the required two designated van accessible parking spaces provide an additional sign at each space designating the space as "van-accessible" mounted below the symbol of accessibility, in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a) & (b), 4.6 & Fig. 9, 4.30.7.
e. Guest Services Building
i. Men's and Women's Toilet Rooms
(1) The men's and women's toilet rooms' signage is not accessible. Provide a sign for each room that has raised and brailled characters and pictorial symbol signs, and is mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.3, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
(2) There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each room that complies with the Standards. Standards § 4.28.3.
(3) The toilet paper dispensers in the men's and women's toilet rooms obstruct access to of the side grab bars. Provide a toilet paper dispenser in the accessible stall in each toilet room in a location that meets the Standards and does not interfere with the use of the side grab bar. Standards §§ 4.16.6, 4.22.7, 4.17.6.
ii. Rental Locker Area
The control panel for the rental lockers is located 56 inches above the walkway. Provide a control panel for the rental lockers that is no more than 48 inches for a forward reach, or 54 inches for a side reach, above the walkway. Standards §§ 4.27, 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
f. Picnic Grove Toilet Rooms
i. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. The men's and women's toilet rooms' entry doors' spherical hardware does not provide the required access. Provide each door with hardware with a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Standards
§ 4.13.9.
iii. The toilet paper dispensers in the men's and women's toilet rooms obstruct access to the side grab bars. Provide a toilet paper dispenser in the accessible stall in each toilet room in a location that meets the Standards and does not interfere with the use of the side grab bar. Standards
§§ 4.16.6, 4.22.7, 4.17.6.
iv. The toilet flush control in the men's toilet room's designated accessible stall is not mounted on the wide (transfer) approach side of the toilet. Provide a flush control in the stall mounted on the wide side of the toilet area no more than 44 inches above the finished floor. Standards § 4.16.5.
g. River Otters House
The entrance ramp has a slope of 1:11.4. Provide a ramp so that the slope does not exceed 1:12; the cross slope is no greater than 1:50; and it has edge protection and handrails that are positioned so that the gripping surface is between 34 and 38 inches above the ramp surface and otherwise comply with the Standards. Standards §§ 4.3.8, 4.5.2, 4.8, Fig.17, 4.26.
h. Holden Museum of Living Reptiles
The exhibit tanks and other exhibit features are not accessible to persons
who use wheelchairs because of the height and configuration of the displays, and the steps leading to them. There are no audio descriptions of the exhibits provided for persons with visual impairments. Within 6 months of the effective date of this agreement, the City will propose a plan to provide program access to these exhibits for persons with disabilities.i. Brazil Grill
The top of the food service counter is 39 inches above the finished floor. Provide a portion of a counter that is at least 36 inches wide and no more than 36 inches above the finished floor. Standards §§ 7.2(1).
j. Underpass Men's and Women's Toilet Rooms
i. The toilet paper dispensers in the men's and women's toilet rooms' accessible stalls obstruct access to the side grab bars. Provide a toilet paper dispenser in each accessible stall in a location that meets the Standards and does not interfere with the use of the side grab bar. Standards §§ 4.16.6, 4.22.7, 4.17.6.
ii. There are 6 toilet stalls in the men's and women's toilet rooms. There is no 36 inch wide stall with parallel grab bars. Provide a 36 inch wide stall in each room with an outward swinging, self-closing door and parallel grab bars. Standards §§ 4.17.3, 4.22.4, Fig.30(a), 4.26, 4.27.k. Park Safety Office
The entrance door has hardware that requires pinching to open. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.
l. Arctic Food Courti. Men's and Women's Toilet Rooms
(1) The toilet paper dispensers in the men's and women's toilet rooms' accessible stalls obstruct access to the side grab bars. Provide a toilet paper dispenser in each accessible stall in a location that meets the Standards and does not interfere with the use of the side grab bar. Standards §§ 4.16.6, 4.22.7, 4.17.6.
(2) There are 10 toilet stalls in the men's and women's toilet rooms. There is no 36 inch wide stall with parallel grab bars. Provide a 36 inch wide stall in each room with an outward swinging, self-closing door and parallel grab bars. Standards §§ 4.17.3, 4.22.4, Fig.30(a), 4.26, 4.27.
m. Log Cabin Learning Center
i. Men's and Women's Toilet Rooms
(1) The toilet paper dispensers in the men's and women's toilet rooms' accessible stalls obstruct access to the side grab bars. Provide a toilet paper dispenser in each accessible stall in a location that meets the Standards and does not interfere with the use of the side grab bar. Standards §§ 4.16.6, 4.22.7, 4.17.6.
(2) There are 7 toilet stalls in the men's and women's toilet rooms. There is no 36 inch wide stall with parallel grab bars. Provide a 36 inch wide stall in each room with an outward swinging, self-closing door and parallel grab bars. Standards §§ 4.17.3, 4.22.4, Fig.30(a), 4.26, 4.27.n. African Outpost
i. Men's and Women's Toilet Rooms
(1) The men's and women's toilet rooms' signage is not accessible. Provide a sign for each room that has raised and brailled characters and pictorial symbol signs, and is mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.3, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
(2) The toilet paper dispensers in the men's and women's toilet rooms' designated accessible stalls are mounted on the side walls in a position that causes them to interfere with the use of the side grab bars. Provide a toilet paper dispenser in each accessible stall in a location that meets the Standards and does not interfere with the use of the side grab bar. Standards §§ 4.16.6, 4.22.7, 4.17.6.
(3) There are 7 toilet stalls in the men's and women's toilet rooms. One of these toilet stalls will become a designated "standard" accessible stall. There is not a 36 inch wide stall with parallel grab bars. Provide a 36 inch wide stall in each room with an outward swinging, self-closing door and parallel grab bars. Standards
§§ 4.22.4, 4.17.3, Fig.30(a), 4.26, 4.27.
61. Considine Recreation Center and Playlot
a. Entrance Ramp
The gripping surface of the ramp's handrails is 32 inches on one side and 24 inches on the other side, above the ramp surface. Provide handrails that are between 34 and 38 inches above the ramp surface on both sides of the ramp. Standards § 4.8.5.
b. 1st and 2nd Floor Men's and Women's Toilet Roomsi. The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
ii. The door to the designated accessible stall has a twist lock device. Provide an accessible lock device that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Standards §§ 4.22.2, 4.13.9.
iii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
c. Drinking Fountain
The required drinking fountain configuration is not provided. Provide one
drinking fountain with access to the required knee space, floor clearances,
and spout and control heights; also provide one drinking fountain which is accessible to those individuals who have difficulty bending or stooping. Standards §§ 4.15, 4.1.3(10)(a).
d. Elevator
The elevator has no visual or audible signals. Provide a visual and audible signal that complies with the Standards. Standards §§ 4.10.4, 4.10.7.
62. Clemente Recreation Center
a. Men's and Women's Locker Rooms
i. The entrance door to the men's and women's locker rooms has hardware that requires twisting to open. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.
ii. The hand dryer in the men's locker room is 61 inches above the finished floor. Provide a hand dryer in the room that is no more than 48 inches for a forward reach, or 54 inches for a side reach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
iii. The designated accessible stall in the men's and women's toilet rooms is 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
iv. The height of the lavatory apron in the men's and women's toilet rooms provides a clearance of 27 inches above the finished floor. Provide a lavatory in each room so that there is a clearance of at least 29 inches above the finished floor to the bottom of the apron. Standards §§ 4.22.6, 4.19.2 & Fig. 31.
v. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
vi. The fixed shower head in the men's and women's locker room shower stall is located 67 and 72 inches above the shower floor, and there is no portable shower spray unit with a hose at least 60 inches long in either shower stall. Provide a portable shower spray unit with a hose at least 60 inches long or a fixed shower head mounted at 48 inches above the shower floor in each shower stall. Standards §§ 4.23.8, 4.21, Figs. 35(a) & 37.
vii. The coat hook in the women's toilet room is located 62 1/2 inches above the finished floor. Provide a coat hook in the room that is no more than 54 inches for a front approach, or 48 inches for a side approach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
b. 1st Floor Men's and Women's Toilet Rooms
i. The designated accessible stall in the men's and women's toilet rooms is 46 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
ii. The coat hooks in the men's and women's toilet rooms are located 62 1/2 inches above the finished floor. Provide a coat hook in each room that is no more than 54 inches for a front approach, or 48 inches for a side approach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
iii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
iv. The height of the designated accessible lavatory aprons in the men's and women's toilet rooms provides a clearance of 28 inches above the finished floor. Provide a lavatory in each room so that there is a clearance of at least 29 inches above the finished floor to the bottom of the apron and it otherwise complies with the Standards. Standards §§ 4.22.6, 4.19.2 & Fig. 31.
v. The mirrors in the men's and women's toilet rooms are mounted so that the bottom edge of the reflecting surface is 47 inches above the finished floor. Provide a mirror in each toilet room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, Fig. 31.
vi. The entrance doors to the men's and women's toilet rooms have hardware that requires twisting to open. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.
c. Parking Lot
There is no designated accessible parking space in the parking lot. Provide at least one designated van accessible parking space in the parking lot that is 96 inches wide, served by an access aisle at least 96 inches wide and identified by a "van accessible" sign mounted below the symbol of accessibility. Standards §§ 4.6.1, 4.6.2, 4.6.3 & Fig. 9, 4.6.4., 4.30.
63. South Rademacher Recreation Center and Playground
a. Accessible Parking Spaces
The two accessible parking spaces in the parking lot have no signage, and no access aisle. Provide a 96-inch access aisle for the van accessible parking space, and a 60 inch access aisle for the other accessible space. Provide a sign, that meets the requirements of the Standards, at each accessible space designating it an accessible space, and provide a "van accessible" sign mounted below the symbol of accessibility for the van accessible space. Standards §§ 4.6.3, 4.6.4., 4.30, Fig. 9.
b. Men's and Women's Toilet Roomsi. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. The designated accessible toilet stalls in the men's and women's toilet rooms are less than the required minimum. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
iii. The mirrors in the men's and women's toilet rooms are mounted so that the bottom edge of the reflecting surface is 45 inches above the finished floor. Provide a mirror in each toilet room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, Fig. 31.
iv. The lavatory in the men's and women's toilet rooms has push type faucets that require force greater than 5 pounds to activate. Provide a lavatory with controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist, or a force greater than 5 pounds to operate for each toilet room. Standards §§ 4.22.6, 4.19.5, 4.27.4.
c. Playground
Access to the playground equipment is not provided. Provide an unobstructed accessible route to the playground equipment. Standards § 4.1.2(2).
64. Historic Fort Wayne
a. Visitor's Center
i. Parking Lot
The parking lot is not accessible. Provide signage directing drivers to the accessible parking lots. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7
ii. Entrance Ramp
The entrance ramp has a slope of 1:11.4. Provide a ramp so that the slope does not exceed 1:12; the cross slope is no greater than 1:50; and it has edge protection and handrails that are positioned so that the gripping surface is between 34 and 38 inches above the ramp surface and otherwise comply with the Standards. Standards §§ 4.3.8, 4.5.2, 4.8, Fig.17, 4.26.
iii. Men's and Women's Toilet Rooms
(1) The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
(2) The designated accessible toilet stall in the women's toilet room is less than the required minimum. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in the room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
(3) The mirror in the women's toilet room is mounted so that the bottom edge of the reflecting surface is 44 inches above the finished floor. Provide a mirror in the toilet room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, Fig. 31.
(4) The men's toilet room is not accessible. Provide a standard accessible toilet room, or provide directional signs at this toilet room indicating the location of the accessible men's toilet room in the building. Standards §§ 4.22, 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
(5) The coat hook in the men's toilet room is located 62 inches above the finished floor. Provide a coat hook in the room that is no more than 54 inches for a front approach, or 48 inches for a side approach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b).
iv. Drinking Fountain
The required drinking fountain configuration is not provided. Provide one
drinking fountain with access to the required knee space, floor clearances,
and spout and control heights; also provide one drinking fountain which is accessible to those individuals who have difficulty bending or stooping. Standards §§ 4.15, 4.1.3(10)(a).
b. Commander's House and Jail
The exhibit features of the Commander's House and the Jail are not accessible to persons who use wheelchairs because of steps leading to the entrance to the Commander's House, and the width of the door to the Jail being 19 inches. There are no audio descriptions of the exhibits provided for persons with visual impairments. Within 6 months of the effective date of this agreement, the City will propose a plan to provide program access to these exhibits for persons with disabilities.
c. Tuskegee Airmen's Museumi. There is no accessible route from the street to the accessible building entrance. Provide an accessible route from the street to the entrance which shall include a curb ramp from the street to the sidewalk. Standards §§ 4.3.8, 4.7.
ii. The inaccessible toilet rooms on the first floor have no signage directing individuals to the accessible employee toilet rooms on the second floor. Provide signs directing individuals to the accessible toilet rooms. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5.
65. Seniors Center
a. Men's and Women's Toilet Rooms
i. The accessible stall in the men's and women's toilet rooms is 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
ii. The mirror in the men's toilet room is mounted so that the bottom edge of the reflecting surface is 48 inches, and in the women's toilet room 43 inches, above the finished floor. Provide a mirror in each toilet room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, Fig. 31.
iii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
iv. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
b. Accessible Route To Men's Toilet Room
Access to the required accessible route width to the men's toilet room is obstructed by the placement of furniture. Provide and maintain a minimum 36 inch wide accessible route to the men's toilet room. Standards § 4.3.3.
c. Drinking Fountain
The required drinking fountain configuration is not provided. Provide one
drinking fountain with access to the required knee space, floor clearances,
and spout and control heights; also provide one drinking fountain which is accessible to those individuals who have difficulty bending or stooping. Standards §§ 4.15, 4.1.3(10)(a).
66. Kemeny Recreation Center and Play Fields
a. Men's and Women's Toilet Rooms
i. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. The centerline of the toilet in the designated accessible stall in the men's toilet room is located 21 inches, and in the women's toilet room 23 inches, from the side wall. Provide a toilet in each stall so that the centerline is exactly 18 inches from the side wall. Standards §§ 4.22.4, 4.17.3 & Fig. 30(a).
iii. The toilet flush control in the men's toilet room's designated accessible stall is not mounted on the wide (transfer) approach side of the toilet. Provide a flush control in the stall mounted on the wide side of the toilet area no more than 44 inches above the finished floor. Standards § 4.16.5.
iv. The toilet paper dispenser in the designated accessible stall in the men's toilet room is located 44 inches from the back wall. Provide a dispenser in each accessible stall so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finished floor. Standards §§ 4.16.6, 4.22.7, 4.17.6.
v. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
b. Men's and Women's Locker Rooms
i. The accessible shower stall in the women's locker room has a fixed shower head that is 80 inches above shower floor, and controls that are 53 inches above the shower floor. Provide a shower stall that has controls between 38 and 48 inches above the shower floor and between the centerline and the outer edge of the shower on the wall opposite the seat wall, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. Standards §§ 4.23.8, 4.21, Fig. 35(a), Fig. 37(a).
ii. There is no accessible stall in the men's and women's locker rooms. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each locker room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
c. Play Fields
There is no accessible route from the center's sidewalk to the play fields' path. Provide an accessible route from the center's sidewalk to the play field's path that is firm, stable, and slip resistant. Standards §§ 4.3, 4.5.
67. 6th Precinct Police Station
a. Parking Garage
The accessible route from the interior of the parking garage to the garage entrance to the building contains a six inch curb. Provide an accessible curb ramp. Standards §§ 4.3.8, 4.7.
b. Men's and Women's Locker Roomsi. The designated accessible stalls in the men's and women's toilet rooms are 36 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
ii. The lavatories in the men's and women's toilet rooms have twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. Standards §§ 4.22.6, 4.19.5, 4.27.4.
iii. The height of the lavatory aprons in the men's and women's toilet rooms provide a clearance of 27 inches above the finished floor. Provide a lavatory in each room so that there is a clearance of at least 29 inches above the finished floor to the bottom of the apron and it otherwise complies with the Standards. Standards §§ 4.22.6, 4.19.2 & Fig. 31.
iv. The mirrors in the men's and women's toilet rooms are mounted so that the bottom edge of the reflecting surface is 49 inches above the finished floor. Provide a mirror in each room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.22.6, 4.19.4.
v. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
vi. Access to the paper towel dispenser is obstructed due to its mounting height and location. Provide a paper towel dispenser that is mounted a minimum of 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 of 30 inches by 48 inches. Standards §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6.
c. Men's and Women's Public Toilet Rooms
i. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. The designated accessible toilet stalls in the men's and women's toilet rooms are less than the required minimum width. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in the room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
iii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
iv. The lavatories in the men's and women's toilet rooms have twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. Standards §§ 4.22.6, 4.19.5, 4.27.4.
v. The soap dispenser control in the men's toilet room is located 56 1/2 inches above the finished floor for a forward reach. Provide a soap dispenser control in the room that is no more than 48 inches for a forward reach, or 54 inches for a side reach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b), 4.22.7, 4.27.3.
vi. There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each room that complies with the Standards. Standards
§ 4.28.3.
d. Public Telephone
The public telephone in the lobby does not comply with § 4.1.3(17). Provide a public telephone that has hearing aid compatibility, a volume control and signage, and that has its highest operable part within the reach ranges specified in the Standards. Standards §§ 4.31.1 through 4.31.8, 4.2.5, 4.2.6.
e. Parking Lot
The 98 space parking lot does not provide the required 4 designated accessible spaces, including one designated van accessible space. Provide 4 designated accessible parking spaces, including one designated van accessible space, located on the shortest accessible route to the accessible facility entrance. Accessible parking spaces shall be at least 96 inches wide. Each designated accessible parking space shall be served by an adjacent 60 inch (minimum) wide access aisle, and the designated van accessible parking space shall be served by an adjacent 96 inch (minimum) wide access aisle. Two accessible parking spaces may share a common access aisle, which shall be part of an accessible route to the facility entrance. spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions. Also, provide a sign at each space designating the spaces as accessible mounted below the symbol of accessibility, and for each designated van accessible space provide an additional sign at each space designating the space as "van-accessible" mounted below the symbol of accessibility, in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(a) & (b), 4.6 & Fig. 9, 4.30.7.
68. O'Shea Recreation Center and Play Fields
a. Parking Lot
The parking lot serving the Center has 30 parking spaces with 2 designated as accessible. Provide two designated accessible parking spaces, including one designated van accessible space, located on the shortest accessible route to the accessible facility entrance. Accessible parking spaces shall be at least 96 inches wide. Each designated accessible parking space shall be served by an adjacent 60 inch (minimum) wide access aisle, and the designated van accessible parking space shall be served by an adjacent 96 inch (minimum) wide access aisle. Designated accessible parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions. Also, provide a sign at each space designating the spaces as accessible mounted below the symbol of accessibility, and for the designated van accessible space provide an additional sign designating the space as "van-accessible" mounted below the symbol of accessibility, in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(a) & (b), 4.6 & Fig. 9, 4.30.7.
b. Men's and Women's Toilet Roomsi. The accessible stall in the men's and women's toilet rooms is 36 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
ii. Operation of the lavatory trim in the men's and women's toilet rooms requires twisting. Provide faucets that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist. Standards § 4.27.4
iii. The mirror in the men's and women's toilet rooms is mounted so that the bottom edge of the reflecting surface is 44 1/2 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.19.6, 4.22.6.
iv. The paper towel dispenser control in the men's toilet room is 54 1/2 inches, and in the women's toilet room 62 1/2 inches above the finished floor. Provide a paper towel dispenser control in each room that is no more than 48 inches for a forward reach, or 54 inches for a side reach, above the finished floor. Standards §§ 4.2.5, Fig. 5(a), 4.2.6, Fig. 6(b), 4.22.7, 4.27.3.
v. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
c. Weight Room Shower Area Toilet Room
There is no signage at the inaccessible toilet room directing users to the building's accessible toilet rooms. Provide signs directing users to the location of the accessible toilet rooms. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
d. Play Fieldsi. There is no accessible route from the center's sidewalk to the play fields' path. Provide an accessible route from the center's sidewalk to the play field's path that is firm, stable, and slip resistant. Standards §§ 4.1.2(2), 4.3, 4.5.
ii. The accessible route from the center to the basketball court contains an abrupt change of level greater than 1/2 inch. Provide a path to the court so that the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.3.8, 4.5.2.
69. Crowell Recreation Center
a. Entrance Ramp
The gripping surface of the ramp's handrails is 31 1/2 inches above the ramp surface. Provide handrails that are between 34 and 38 inches above the ramp surface. Standards §§ 4.8.5, 4.26.2.
b. Accessible Route
There is no accessible route from the parking lot to the accessible building entrance. Provide an accessible route from the parking lot to the entrance with a curb ramp from the parking lot to the sidewalk. Standards §§ 4.3, 4.7.
c. Men's and Women's Locker Roomsi. The men's and women's locker room signs do not have Braille. Provide a sign for each toilet room so that it has raised characters and Braille, and is mounted on the latch side of the door so that its centerline is 60 inches above the finished floor. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
ii. The designated accessible stalls in the men's and women's locker rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
iii. The lavatories in the men's and women's locker rooms have twist-type faucets. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. Standards §§ 4.22.6, 4.19.5, 4.27.4.
iv. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
v. The mirror in the women's locker room is mounted so that the bottom edge of the reflecting surface is 46 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards § 4.19.6.
vi. A designated accessible shower stall is not provided in the men's and women's locker rooms. Provide a shower stall in each room that is exactly 36 inches by 36 inches or 30 inches by 60 inches, has a curb that is no higher than 1/2 inch, has either a hand held shower spray unit with a hose at least 60 inches long or a fixed shower head mounted at a maximum of 48 inches above the finished floor, and has controls between 38 and 48 inches above the shower floor. Standards §§ 4.23.8, 4.21, Fig. 35(a), Fig. 37(a).d. Lobby Men's and Women's Toilet Rooms
i. The men's and women's toilet room signs do not have Braille. Provide a sign for each toilet room so that it has raised characters and Braille, and is mounted on the latch side of the door so that its centerline is 60 inches above the finished floor. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
ii. The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig. 30(a), 4.22.4, 4.26, 4.27.
iii. The lavatories in the men's and women's toilet rooms have twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. Standards §§ 4.22.6, 4.19.5, 4.27.4.
iv. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
e. Lobby Public Telephone
The public telephone in the lobby has no volume control or signage, and has insufficient clear floor space in front for a forward reach by a person using a wheelchair because of the placement of a bench. Provide a public telephone that has hearing aid compatibility, volume control, signage, its highest operable part within the reach ranges specified in the Standards, and has clear floor space in front of 30 inches by 48 inches. Standards §§ 4.31.1 through 4.31.8, 4.2.4.1, 4.2.5, 4.2.6.
70. Northwest Activity Center
a. Accessible Route
There is no accessible route from the curb side parking spaces to the accessible building entrance. Provide an accessible route from the parking spaces to the entrance which should include a curb ramp from the parking spaces to the sidewalk. Standards §§ 4.3, 4.7.
b. Front Entrance Rampi. The entrance ramp that leads from the sidewalk to the accessible front door exceeds 1:12 and has a cross slope greater than 1:50. Provide a ramp so that the slope does not exceed 1:12; the cross slope is no greater than 1:50; it has edge protection, and handrails that are between 34 and 38 inches above the ramp surface. Standards §§ 4.3.8, 4.5.2, 4.8 & Fig.17, 4.26.
ii. There is no accessible route from the designated accessible parking space on the street to the accessible building entrance. Provide an accessible route from the accessible parking space to the entrance ramp with a curb ramp from the accessible parking to the sidewalk. Standards §§ 4.1.2(1), 4.3, 4.7.
c. Rear Entrance Ramp
The entrance ramp that leads from the designated accessible parking to the center is less than 36 inches wide. Provide a ramp that is at least 36 inches wide, the slope of each run does not exceed 1:12; the cross slope is no greater than 1:50; there is no abrupt change in level between the runs greater than .25 of an inch; and the landing between the runs is 60 inches long and level; with edge protection and handrails that are between 34 and 38 inches above the ramp surface. Standards
§§ 4.3.7, 4.3.8, 4.5.2, 4.8 & Fig.17, 4.26.
d. Accessible Parking
The parking lot has no designated van accessible parking space. Provide a "van accessible" sign mounted below the symbol of accessibility for the required van accessible parking space. Standards §§ 4.6.3, 4.6.4., 4.30, Fig. 9.
e. Drinking Fountain
The drinking fountain on one of the first floor hallways does not provide the required configuration to allow access to individuals who have difficulty bending or stooping. Provide directional signs at the inaccessible drinking fountain indicating the location of the accessible drinking fountain on the first floor. Standards § 4.15.
f. Men's and Women's Toilet Rooms
i. The men's and women's toilet rooms' entry doors' spherical hardware does not provide the required access. Provide each door with hardware with a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Standards
§ 4.13.9.
ii. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
iii. The men's and women's toilet rooms in the basement are not accessible. Provide directional signs at these toilet rooms indicating the location of the accessible men's and women's toilet rooms in the center. Standards
§§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7
g. Elevator
The elevator call control panel does not have raised characters and Braille. Provide a control panel that has control buttons designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols as shown in Fig. 23(a). Standards §§ 4.1.3(5), 4.10.12(2), 4.30.
h. Auditorium
The auditorium seats 488 persons, but only has one wheelchair location with space for 5 wheelchairs. Provide space for a total of at least 6 wheelchairs, that are an integral part of the fixed seating plan, adjoin an accessible route, have an adjacent fixed companion seat, and that have lines of sight comparable to those for the general public in compliance with the Standards. Standards §§ 4.3, 4.5, 4.33 & Fig.46.
71. Cadillac Towers Office Building
a. 23rd Floor (Administrative Offices)
i. Men's and Women's Toilet Rooms
(1) The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards, or remove the accessible signage located on the face of the entrance door and provide signage directing users to the building's accessible toilet rooms on the second floor. Standards §§ 4.17.3, Fig 30(a), 4.22.4, 4.26, 4.27.
(2). The height of the lavatory aprons in the men's and women's toilet rooms provide a clearance of 28 inches above the finished floor. Provide a lavatory in each room so that there is a clearance of at least 29 inches above the finished floor to the bottom of the apron. Standards §§ 4.22.6, 4.19.2 , Fig. 31.
(3) The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
b. 11th Floor (Cashier's Office)
The cashier's counter is located 48 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide signage at the counter directing persons into the office to make payments. Standards § 7.2(1).
c. 16th Floor (Men's and Women's Toilet Rooms)i. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards, or remove the accessible signage located on the face of the entrance door and provide signage directing users to the building's accessible toilet rooms on the second floor. Standards §§ 4.17.3, Fig 30(a), 4.22.4, 4.26, 4.27.
iii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
d. 2nd Floor (Elevator)
i. There is no audible tone signal within the elevator car to indicate the position of the car in the hoistway. Provide an audible tone signal or verbal annunciator to indicate the floor number at which the car stops or which the car passes. Standards § 4.10.13.
ii. The elevator call control panel does not have raised characters and Braille. Provide a control panel that has control buttons designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols as shown in Fig. 23(a). Standards §§ 4.10.12(2), 4.30.e. 39th Floor (Unisex Toilet Room)
i. The room sign mounted on the unisex toilet room's entry door does not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of the room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.f. 32nd Floor (Human Resources - Suite 3210)
No accessible signage is provided for this permanent space. Provide a sign designating the space by room number only, mounted on the wall adjacent to room entry opening at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
g. 3rd Floor (Elevator)
The elevator call control is mounted 55 inches above the finished floor. Provide the call control so that its centerline is mounted no more than 42 inches above the finished floor. Standards § 4.10.3.
h. 9th Floor (Engineering/Dept. of Public Works Entrance Door)
i. No accessible signage is provided for this permanent space. Provide a sign designating the space by room number only, mounted on the wall adjacent to room entry opening at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. The entrance door to the offices has hardware that requires twisting to open. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.i. 10th Floor (Engineering /Dept. Of Public Works Entrance Door)
i. No accessible signage is provided for this permanent space. Provide a sign designating the space by room number only, mounted on the wall adjacent to room entry opening at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
ii. The entrance door to the offices has hardware that requires twisting to open. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.j. 8th Floor (Offices)
No accessible signage is provided for this permanent space. Provide a sign designating the space by room number only, mounted on the wall adjacent to room entry opening at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
k. 2nd Floor (Men's and Women's Toilet Rooms)i. The location of the men's and women's accessible toilet rooms is not designated. Provide directional signs at the elevator indicating the location of the accessible men's and women's toilet rooms on the floor. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7
ii. The room signs mounted on the men's and women's toilet rooms' entry doors do not provide the required access. Provide a room sign mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards § 4.30.6.
iii. The designated accessible stalls in the men's and women's toilet rooms are 45 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards, or remove the accessible signage located on the face of the entrance door and provide signage directing users to the building's accessible toilet rooms on the second floor. Standards §§ 4.17.3,
Fig. 30(a), 4.22.4, 4.26, 4.27.
iv. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
v. There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each room that complies with the Standards. Standards
§ 4.28.3.
72. African American Museum
a. Warren Street Entrance
i. Signage
There is no directional sign at the entrance to the museum directing persons to the interior elevator lift. Provide a sign at the entrance directing persons to the interior elevator lift. Standard §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7(1).
ii. Elevator
The accessible route to the elevator is obstructed by a storage cabinet. Provide and maintain an accessible route to the elevator door that is at least 36 inches wide. Standards § 4.3.3.
iii. Access Ramp Between 1st and 2nd Levels
A portion of the access ramp between the 1st and 2nd levels has a slope of 1:11.4. Provide a ramp so that the slope does not exceed 1:12; the cross slope is no greater than 1:50; and has handrails that are between 34 and 38 inches above the ramp surface. Standards §§ 4.3.8, 4.5.2, 4.8, Fig.17, 4.26.
b. Lower Level Men's and Women's Toilet Rooms
i. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
ii. There are 8 toilet stalls in the women's toilet room. Provide a 36 inch wide stall with an outward swinging, self-closing door and parallel grab bars. Standards §§ 4.17.3, 4.22.4, Fig.30(a), 4.26, 4.27.
c. Public Lockers
The locker door's key hardware does not provide the required access. Provide each locker door with hardware with a shape that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Standards § 4.13.9.
d. Second Level Men's and Women's Toilet Roomsi. The men's and women's toilet rooms' signage is not accessible. Provide a sign for each room that has raised and brailled characters and pictorial symbol signs, and is mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.3, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
ii. The hot water and drain pipes beneath the lavatories in the men's and women's toilet rooms are not insulated or configured to protect against contact. Protect the hot water and drain pipes in each toilet room against contact. Standards § 4.19.4.
iii. There are 8 toilet stalls in the women's toilet room. Provide a 36 inch wide stall with an outward swinging, self-closing door and parallel grab bars. Standards §§ 4.17.3, 4.22.4, Fig.30(a), 4.26, 4.27.
iv. The door coat hook in the designated accessible stall in the women's toilet room is located 68 inches above the finished floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach, or 48 inches above the finished floor for a front reach. Standards §§ 4.2.5, 4.2.6.
73. Historical Museum
a. Front Entrance Ramp
The ramp has a slope of 1:9.5. Provide a ramp so that the slope does not exceed 1:12; the cross slope is no greater than 1:50; and it has edge protection and handrails that are between 34 and 38 inches above the ramp surface. Standards
§§ 4.3.8, 4.5.2, 4.8, Fig.17, 4.26.
b. Elevator
The elevator call control panel does not have raised characters and Braille. Provide a control panel that has control buttons designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols as shown in Fig. 23(a). Standards §§ 4.10.12(2), 4.30.
c. Ground Floor Men's and Women's Toilet Roomsi. The men's and women's toilet rooms' signage is not accessible. Provide a sign for each room that has raised and brailled characters and pictorial symbol signs, and is mounted on the wall adjacent to the latch side of each room's entry door at a height of 60 inches above the finished floor to the centerline of the sign. Mounting location shall be such that a person may approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.3, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
ii. The paper towel dispenser controls in the men's and women's toilet rooms are mounted so that the control is located 61 inches above the finished floor. Provide a dispenser in each room so that its highest operable part is no more than 54 inches above the finished floor for a side reach, or 48 inches above the finished floor for a front reach. Standards §§ 4.22.7, 4.27.3, 4.2.5, 4.2.6.
iii. Access to the side grab bars in the men's and women's toilet rooms' designated accessible stalls are obstructed by the toilet seat cover dispensers. Provide a minimum of 1 1/2 inches of clearance to the underside of the side grab bar in each stall. Standards §§ 4.26.2, Fig. 39(d).
iv. Access to, and use of the rear grab bar in the men's toilet room's designated accessible stall is obstructed by the toilet seat cover dispenser. Provide unobstructed access clearance of 18 inches vertically to the rear grab bar. Standards §§ 4.16.4, 4.26.2, Fig. 39(d).
v. No access to the toilet seat cover dispenser in the men's toilet room's designated accessible stall is provided. Provide access to the toilet seat cover dispenser. Standards § 4.2.4.1.
vi. The mirror in the men's and women's toilet rooms is mounted so that the bottom edge of the reflecting surface is 46 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards
§ 4.19.6.
d. Old Fashioned Retail Stores Exhibit
The sidewalk throughout the old fashioned retail stores exhibit has portions that are less than 36 inches wide, and the doors to the old fashioned stores in the exhibit have a clear opening width of 24 inches. There are no audio descriptions of the exhibits provided for persons with visual impairments. Within 6 months of the effective date of this agreement, the City will propose a plan to provide program access to this exhibit for persons with disabilities.
e. 1st Floor Gift Shop
The top of the cashier counter is 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, § 7.2(1); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location within the shop for individuals who use wheelchairs).
f. Parkingi. The 61 space parking lot does not provide the required 3 designated accessible spaces, including one designated van accessible space. Provide 3 designated accessible parking spaces, including one designated van accessible space, located on the shortest accessible route to the accessible facility entrance. Accessible parking spaces shall be at least 96 inches wide. Each designated accessible parking space shall be served by an adjacent 60 inch (minimum) wide access aisle, and the designated van accessible parking space shall be served by an adjacent 96 inch (minimum) wide access aisle. Two accessible parking spaces may share a common access aisle, which shall be part of an accessible route to the facility entrance. spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions. Also, provide a sign at each space designating the spaces as accessible mounted below the symbol of accessibility, and for each designated van accessible space provide an additional sign at each space designating the space as "van-accessible" mounted below the symbol of accessibility, in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(a) & (b), 4.6 & Fig. 9, 4.30.7.
ii. The inaccessible parking spaces at the front and side of the museum have no signage directing individuals to the accessible parking spaces at the rear of the museum. Provide signage at the front and side of the museum directing individuals to the accessible parking spaces at the rear of the museum. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.g. Auxiliary Gift Shop
The top of the cashier counter is 40 inches above the finished floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high, § 7.2(1); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location within the shop for individuals who use wheelchairs).
h. Main Level Men's and Women's Toilet Roomsi. The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig 30(a), 4.22.4, 4.26, 4.27.
ii. The height of the lavatory aprons in the men's and women's toilet rooms provide a clearance of 26 inches above the finished floor. Provide a lavatory in each room so that there is a clearance of at least 29 inches above the finished floor to the bottom of the apron. Standards § 4.19.2, Fig. 31.
iii. The mirrors in the men's and women's toilet rooms are mounted so that the bottom edge of the reflecting surface is 52 inches above the finished floor. Provide a mirror in each room that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards § 4.19.6.
iv. There are 6 toilet stalls in the men's and women's toilet rooms. There is no 36 inch wide stall with parallel grab bars. Provide a 36 inch wide stall in each room with an outward swinging, self-closing door and parallel grab bars. Standards §§ 4.17.3, 4.22.4, Fig.30(a), 4.26, 4.27.
v. There are no visual alarms in the men's and women's toilet rooms. Provide a visual alarm in each room that complies with the Standards. Standards § 4.28.3.
74. Art Institute
a. 1st Level Elevator
i. The elevator call button is mounted in an opening that is recessed 2 1/2 inches into the wall. Provide the call button so that it is surface mounted. Standards § 4.10.3.
ii. There is no audible tone signal or visual signal provided to indicate the direction in which the car is moving. Provide an audible tone signal and a visual signal to indicate the direction in which the car is moving. Standards § 4.10.13
b. 1st Level Drinking Fountain-Kirby Avenue Side
Access to the drinking fountain is not provided because of insufficient knee clearance. Provide an accessible drinking fountain with access to clear knee space of at least 27 inches high, 30 inches wide and 17 to 19 inches deep. Standards
§ 4.15.
c. 1st Level Men's and Women's Toilet Roomsi. The designated accessible stalls in the men's and women's toilet rooms are 42 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep in each room 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 that comply with the Standards. Standards §§ 4.17.3, Fig 30(a), 4.22.4, 4.26, 4.27.
ii. Access to the side grab bars in the men's and women's toilet rooms' designated accessible stalls are obstructed by the toilet seat cover dispensers. Provide a minimum of 1 1/2 inches of clearance to the underside of the side grab bar in each stall. Standards §§ 4.26.2, Fig. 39(d).
iii. Access to the side grab bars in the men's and women's toilet rooms' designated accessible stalls are obstructed by the toilet paper dispensers. Provide a minimum of 1 1/2 inches of clearance to the underside of the side grab bar in each stall. Standards §§ 4.26.2, Fig. 39(d).
iv. The toilet paper dispenser mounting location in the designated accessible stalls in the men's and women's toilet rooms exceed the maximum allowable distance from the rear wall. Provide a toilet paper dispenser in each room at no more than 36 inches from the rear wall. Standards
§ 4.22.4, Fig. 30(d).
v. There are 6 toilet stalls in the men's and women's toilet rooms. There is no 36 inch wide stall with parallel grab bars. Provide a 36 inch wide stall in each room with an outward swinging, self-closing door and parallel grab bars. Standards §§ 4.17.3, Fig.30(a), 4.26, 4.27.
vi. The door coat hooks in the designated accessible stalls in the men's and women's toilet rooms are located 66 inches above the finished floor. Provide a hook in each stall that is no more than 54 inches above the finished floor for a side reach, or 48 inches above the finished floor for a front reach. Standards §§ 4.2.5, 4.2.6.
vii. The toilet paper dispensers in the designated accessible stalls in the men's and women's toilet rooms are located 56 inches from the back wall. Provide a dispenser in each accessible stall so that it is below the side grab bar and the farthest edge of the toilet paper roll is no more than 36 inches from the back wall with its centerline no less than 19 inches from the finished floor. Standards §§ 4.16.6, 4.17.6.
viii. The toilet paper dispenser mounting location in the designated ambulatory stalls in the men's and women's toilet rooms exceed the maximum allowable distance from the rear wall. Provide a toilet paper dispenser in each room at no more than 36 inches from the rear wall. Standards
§ 4.22.4, Fig. 30(d).
ix. Access to the toilet seat cover dispensers in the designated ambulatory stalls in the men's and women's toilet rooms is obstructed due to its mounting height and location. Provide a toilet seat dispenser in each stall that is mounted at 48 inches above the finished floor for a front approach, or 54 inches above the finished floor for a side approach, and has a clear floor space of 30 inches by 48 inches. Standards §§ 4.27.2, 4.27.3, 4.2.5, 4.2.6.
d. 1st Level Museum Shop
The top of the service counter is more than 36 inches above the finished floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). Standards § 7.2(2).
e. 1st Level Public Telephone
The coin slot of the public telephone located in the lobby of the Station is 63 inches above the finished floor. Provide a public telephone in the lobby of the Station that has its highest operable part within the reach ranges specified in the Standards. Standards §§ 4.31.3, 4.2.5, 4.2.6.
f. 1st Level Drinking Fountain-Farnsworth Street Side
Access to the drinking fountain is not provided because of insufficient knee clearance. Provide an accessible drinking fountain with access to clear knee space of at least 27 inches high, 30 inches wide and 17 to 19 inches deep. Standards
§ 4.15.
g. 2nd Level Elevator
The elevator call button is mounted in an opening that is recessed 4 inches into the wall. Provide the call button so that it is surface mounted. Standards § 4.10.3.
h. 2nd Level Men's and Women's Toilet Rooms
The men's and women's toilet rooms are not accessible. Provide directional signs at these toilet rooms indicating the location of the accessible men's and women's toilet rooms in the building. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
i. Auditorium
The 1,000 seat auditorium has one wheelchair location with space for 5 wheelchairs. Provide space for a total of at least 12 wheelchairs, that are an integral part of the fixed seating plan, adjoin an accessible route, have an adjacent fixed companion seat, and that have lines of sight comparable to those for the general public in compliance with the Standards. Standards §§ 4.3, 4.5, 4.33, Fig.46.
75. Williams Recreation Center
The parking lot has no designated van accessible parking space, and none of the parking spaces are demarcated. Provide a 96 inch parking space and a 96 inch access aisle for the designated van accessible parking space, and a 96 inch parking space and a 60 inch access aisle for the other designated accessible parking space. Also, provide a sign at each space designating the spaces as accessible mounted below the symbol of accessibility, and for the designated van accessible parking space provide an additional sign designating the space as "van-accessible" mounted below the symbol of accessibility, in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a) & (b), 4.6 & Fig. 9, 4.30.7.
MISCELLANEOUS PROVISIONS
76. Except as otherwise specified in this Agreement, at three, six, nine, and 12 months after the effective date of this Agreement, and annually thereafter until the termination or expiration of the Agreement, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.77. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).
78. Within six months of the effective date of this Agreement, the City will develop or procure a two-hour training program on the requirements of the ADA and the appropriate procedures for interacting with persons with disabilities. The City will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.
79. Within one year of the effective date of this Agreement, the City will deliver its training program to all City employees who have contact with the general public. At the end of that period, the City submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.
IMPLEMENTATION AND ENFORCEMENT
80. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.
81. The Department may review compliance with this Agreement at any time. If the Department believes that the City has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.
82. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.
83. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
84. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the City or the Department on request.
85. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments), shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the City's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.
86. This Agreement will remain in effect for 3 years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved, whichever is earlier.
87. The person signing for the City represents that he or she is authorized to bind the City to this Agreement.
88. The effective date of this Agreement is the date of the last signature below.
| For the City of Detroit, Michigan: | For the United States: |
By: __________________________ KWAME M. KILPATRICK, Mayor Date: _________________________ Approved as to Form: _____________________________ RUTH CARTER, Corporation Counsel, City of Detroit |
R. ALEXANDER ACOSTA Assistant Attorney General Civil Rights Division By:_____________________________ JOHN L. WODATCH, Chief MARY LOU MOBLEY, Acting Deputy Chief NAOMI MILTON, Supervisory Attorney CHARLES HARVEY, Investigator MICHELE ANTONIO MALLOZZI, Architect U.S. Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. Disability Rights Section - NYA Washington, DC 20530 Date:_____________________________ |
Attachment A
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Detroit, Michigan will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities.
Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).
Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the office of the Personnel Director as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to:[name and contact information for ADA Coordinator]
The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
Attachment B
DETROIT, MICHIGAN
Grievance Procedure under
The Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Detroit, Michigan. The City's Personnel Policy governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
[Name and address of ADA Coordinator]
Within 15 calendar days after receipt of the complaint, [name of ADA Coordinator] or [his/her] designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, [name of ADA Coordinator] or [his/her] designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint.
If the response by [name of ADA Coordinator] or [his/her] designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of within 15 calendar days after receipt of the response to the [City Manager/ County Commissioner/ other appropriate high-level official] or [his/her] designee.
Within 15 calendar days after receipt of the appeal, the [City Manager/ County Commissioner/ other appropriate high-level official] or [his/her] designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the [City Manager/ County Commissioner/ other appropriate high-level official] or [his/her] designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by [name of ADA Coordinator] or [his/her] designee, appeals to the [City Manager/ County Commissioner/ other appropriate high-level official] or [his/her] designee, and responses from these two offices will be retained by the [City/County] for at least three years.
Attachment C
DETROIT, MICHIGAN POLICE DEPARTMENT
POLICY STATEMENT REGARDING EFFECTIVE COMMUNICATION
WITH PEOPLE WHO ARE DEAF OR HARD OF HEARING
OVERVIEWIt is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:
- People who are deaf or hard of hearing are entitled to a level of service equivalent to that provided hearing persons.
- The Agency will make every effort to ensure that its officers and employees communicate effectively with people who are deaf or hard of hearing.
- Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation.
- Various types of communication aids – known as “auxiliary aids and services” – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters.
- The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue.
- In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading. For example:
– If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.
– If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively.
- To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person. Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need. Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing.
- The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden. Only the Agency head or his or her designee may make this determination. For example:
– If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.
- The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including persons who are deaf or hard of hearing.
- People who are deaf or hard of hearing must never be charged for the cost of an auxiliary aid or service needed for effective communication.
ON-CALL INTERPRETIVE SERVICES
- The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Agency will update this list annually.
- A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). Certification is not required in order for an interpreter to be “qualified.”
TTY AND RELAY SERVICES
- In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service.
TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY
- Officers must review and have a working knowledge of Guide for Law Enforcement Officers When In Contact With People Who Are Deaf or Hard of Hearing. This document reviews how officers should communicate effectively in the types of situations officers will encounter. These situations include:
– Issuing a noncriminal or motor vehicle citation.
– Communicating with a person who initiates contact with an officer.
– Interviewing a victim or critical witness to an incident.
– Questioning a person who is a suspect in a crime.
– Making an arrest or taking a person into custody.
– Issuing Miranda Warnings to a person under arrest or in custody.
– Interrogating a person under arrest or in custody.PROCEDURES FOR OBTAINING AUXILIARY AIDS AND SERVICES
- Officers must utilize the following auxiliary aids, when available, to communicate effectively:
– Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters
Attachment D
GUIDE FOR LAW ENFORCEMENT OFFICERSWhen In Contact With People Who Are Deaf or Hard of Hearing
As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.
Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf of hard of hearing. You should become familiar with this policy.
What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.
How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:
- use of qualified sign language or oral interpreters
- for people who are hard of hearing, speaking loudly and clearly, and use of assistive listening devices (to amplify sound)
- use of gestures or visual aids to supplement oral communication
- an exchange of written notes
- or use of a computer or typewriter.
What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.
For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.
Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.
DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.
How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.
If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.
- In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.
- During interrogations and arrests, a sign language interpreter will often be necessary.
- If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about
misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.
- In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.
Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.
Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.
Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.
Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.
Contact numbers for your local sign language interpreters:___________________________________________________
___________________________________________________
___________________________________________________
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February 27, 2004