SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF FAIRBANKS, ALASKA
DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-6-37
BACKGROUND
A. SCOPE OF THE INVESTIGATION
The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of Fairbanks, Alaska ("City") under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, our review was also conducted under the authority of § 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 review was conducted by the Disability Rights Section (DRS) of the Department’s Civil Rights Division and focused on the City’s compliance with the following title II requirements:
- to conduct a self-evaluation of its services, policies, and practices by July 26, 1992 and make modifications necessary to comply with the Department’s title II regulations (28 C.F.R. Part 35), 28 C.F.R. §35.105;
- to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City’s obligations under title II and the Department’s regulations, 28 C.F.R. 35.106;
- to designate a responsible employee to coordinate its efforts to comply and carry out the City’s ADA responsibilities, 28 C.F.R. § 35.107(a);
- to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
- to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");
to ensure that facilities for which construction or alteration was begun after January 26, 1992 are readily accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and 2) the Standards or UFAS, 28 C.F.R. §35.151;
to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. §35.160;
where the City communicates by telephone, to communicate through a telecommunications device for the deaf (TDD), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. §35.161;
to provide direct access via TDD or computer to telephone emergency services, including 911 services, for persons who use TDD’s and computer modems, 28 C.F.R. §35.162;
to provide information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and facilities, 28 C.F.R. §35.163(a);
to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).
The Department limited its program access review to those of the City’s programs, services, and activities that operate in the following facilities: Fairbanks Regional Health Center, Old City Hall, University of Alaska Downtown Center, South Fairbanks Community Center, North Star Council on Aging, Fairbanks Regional Fire Training Center, Fairbanks Parking Authority & VIP Offices, Historic City Hall, and Public Safety Building. Of those facilities, the Fairbanks Regional Health Center constitutes new construction commenced after January 26, 1992. Polling places were also reviewed.
B. 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 to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the City’s compliance with title II and the Department’s implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.
3. The Department is also authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City’s compliance with § 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. §§ 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 to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.
C. ACTIONS TAKEN BY THE CITY
4. The City conducted a self-evaluation and transition plan in 1992 and conducted another evaluation in 1997. In the wake of its 1992 self-evaluation, the City took steps to bring its employment policies into compliance with title I of the ADA, appointed an ADA Coordinator, and passed a resolution adopting a grievance procedure. The grievance procedure requires the ADA Coordinator to render an initial decision within 10 days of the complaint filing, and provides for a hearing before the Disabled Resident Access Committee and ultimately before the City Council if the complainant is dissatisfied.
5. The City has provided interpreters at its public meetings upon request of deaf citizens, as well as documents in alternate formats (Braille and tape).
6. The City has 13 polling places within its municipal boundaries. Several lack accessible parking spaces: Alaskaland Civic Center, National Guard Armory, Southhall Manor, Southside Community Center, and the Aurora Fire Station. Additionally, the Community Center has no curb ramp from the parking lot; the Fire Station has a high threshold at its entrance door and twist-type door hardware. The City provides access to voting in an alternate way, however, by conducting balloting at the homes of citizens with mobility impairments.
The parties to this Agreement are the United States of America and the City of Fairbanks, Alaska. In order to avoid the burdens and expenses of further investigation and possible litigation, the parties hereby agree as follows:
REMEDIAL ACTION
7. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding paragraphs 9-34, except as provided in paragraphs 37 and 39 below.
8. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design ("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 a program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.
A. POLICIES AND PROCEDURES
9. Within 90 days of the effective date of this Agreement, the City will distribute the attached Notice (Attachment A) to all department/division heads; publish the Notice in a 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 in the Notice, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.
10. Within 90 days of the effective date of this Agreement, the City will institutionalize the provision of auxiliary aids for effective communication. The City will identify sources of qualified sign language interpreters and vendors that Braille documents, and will develop written procedures, with time frames, for fulfilling requests from the public for interpreters and documents in alternate formats (Braille, large print, cassette tapes, etc.). The City will also include in announcements of its public meetings that a qualified sign language interpreter will be provided upon request of the office of the City Clerk, and that receivers are also available from that office for the assistive listening system installed in the City Council Chambers.
11. The City will report to the Department within 180 days of the effective date of this Agreement the actions it has taken to comply with paragraphs 9-10.
12. The Fire Department is located on the inaccessible second floor of the Public Safety Building which is scheduled to be remodeled. Within 30 days of the effective date of this Agreement and until the Fire Department exits the building, the City will post a conspicuous notice on the first floor that Fire Department officials are available to meet with individuals with mobility impairments at an accessible location on the first floor, and provide a contact telephone number.
13. Within one year of the effective date of this Agreement, the City will develop a method for providing information for interested persons with disabilities concerning the existence and location of the City’s accessible services, activities, and services and submit its proposal to the Department in writing. The proposal, as approved by the Department, will be implemented no later than 18 months from the effective date of the Agreement.
B. CITY TELEPHONE COMMUNICATION
14. The City has two TDD’s for administrative calls, one in the Police Department and one in the Public Works Department. These are not used by other City offices to communicate with individuals with hearing or speech impairments.
15. Within 60 days of the effective date of this Agreement, the City will acquire and install additional TDD’s for administrative calls, officially recognize the Alaska telephone relay service as the means by which it communicates, or implement a system that combines both technologies.
16. Within 90 days of the effective date and for the life of this Agreement, the City will publicize its TDD numbers, if any, on the same basis as its voice numbers, through such means as the Notice that appears as Attachment A, official stationary, business cards, civic newsletters, the public telephone book, and the City’s Home Page. If the City chooses to rely principally on the Alaska telephone relay system alone, that number will be publicized in the same manner, in lieu of any TDD numbers.
17. The City will take steps to ensure that all appropriate employees are trained and practiced in using a TDD and the Alaska Relay Service to make and receive calls, as appropriate, and that any TDD’s are maintained in good working order through test calls every six months for the life of this Agreement.
18. The City will report to the Department the actions it has taken to implement these provisions within 180 days of the effective date of this Agreement.
C. 9-1-1 SERVICES
19. The City operates a 9-1-1 emergency service at its Police Department. The City has two consoles and two TDD’s.
20. The City agrees to continue to ensure that TDD calls are answered as quickly as other calls received, and are monitored for timing and accuracy, if other calls are monitored. The City will also continue to ensure that employees are trained and practiced in using a TDD to make and receive calls.
21. The City will ensure that correct TDD call taking procedures are incorporated into call takers’ performance evaluations, and will amend its personnel policies to include written disciplinary procedures for call takers who fail to perform TDD call taking consistent with the training and procedures.
22. The City will report to the Department within 180 days of the effective date of this Agreement the actions it has taken to comply with paragraphs 20-21.
D. PHYSICAL ALTERATIONS
23. Within one year of the effective date of this Agreement, the City will survey its public facilities. It will install signage at any inaccessible entrance to a facility, directing users to an accessible entrance or to information about other accessible facilities, and denote the accessible entrance by using the international symbol of accessibility. 28 C.F.R. § 35.163(b), Standards §§ 4.1.2(7)(c), 4.30.2, 4.30.3, 4.30.5, 4.30.6.
In order to ensure that the following facilities, for which construction commenced or will commence after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.
24. The City is currently in the process of constructing a new Police Department building. The Department reviewed blueprints and design drawings of this facility provided by the City on December 15, 2000. Those blueprints indicated that as initially designed, the Police Department building failed to comply with several provisions of the new construction standards. In order to bring the new Police Department building into compliance the City agrees to make and implement the following changes to the design of the building and construct it in accordance with those changes and all other relevant provisions of the Standards:
a. As originally designed, the east and "side" parking lots had 86 parking spaces with 4 designated as accessible. Modify the design of the east and side parking lots so that three of the designated accessible spaces have an adjacent access aisle at least 60 inches wide that is part of an accessible route to the building’s entrance and so that the fourth accessible space is configured to be a van-accessible space, meaning it has an adjacent access aisle at least 96 inches wide that is part of an accessible route to the building. These spaces should be located on the shortest accessible route to the building and should have signage as required by the Standards. §§ 4.1.2(5)(a)(b), 4.6.
b. The west parking lot has 45 parking spaces; none of which is designated as accessible. Modify the design of the west parking lot so that it has two designated accessible spaces. At least one of these must be designated to be a van-accessible space, meaning it has an adjacent access aisle at least 96 inches wide that is part of an accessible route to the building. The other accessible space must have an adjacent access aisle at least 60 inches wide that is part of an accessible route to the building’s entrance. These spaces should be located on the shortest accessible route to the building and should have signage as required by the Standards. §§ 4.1.2(5)(a)(b), 4.6.
c. The sidewalk ramp (shown on drawing sheet C9.0) exceeds the maximum slope of 1:12. Modify the design to provide a ramp with a slope no greater than 1:12 . §§ 4.7, 4.8.2.
d. Mounting Heights
(1) As originally designed, the centerline of the toilet paper dispenser (drawing A0.1) was located 36 inches from the rear wall. Modify the design so that the centerline of the toilet paper dispenser is within 36 inches of the rear wall. § 4.16.6.
(2) As originally designed, the cabinets/counters shown in drawing A0.1 are too high. Modify the design of the cabinet/counters so that the counters are no more than 34 inches above the finish floor. §§ 4.2.6, Fig. 6(c), 4.25.3.
(3) The drawing on sheet A0.1 did not indicate the distance from the finish floor to the bottom of the reflective surface of the mirror. Ensure that the bottom of the reflective surface of the mirror is no more than 40 inches above the finish floor. § 4.19.6.
(4) The drawing on sheet A0.1 did not indicate whether the flush valve handle was on the side away from the wall/partition. Ensure that the design calls for the flush valve handle to be located on the side away from the wall/partition to comply with the Standards. § 4.16.5.
e. First Floor
(1) As originally designed, (drawing A2.1) insufficient maneuvering clearance was provided on the push side of the door of Toilet 104. Modify the design of the space so that Toilet 104 provides at least a 12 inches of clearance on the latch side of the door without encroaching on the lavatory. § 4.13.6, Fig. 25.
(2) As originally designed, the drinking fountain in Corridor C117 did not provide the minimum clear floor space required. Modify the design of the corridor so that the drinking fountain has a minimum clear floor space of 30 inches. § 4.15.5.
(3) As originally designed, the public telephone in Vestibule V 104 A was not equipped with volume controls and hearing aid compatibility. Provide a public telephone in Vestibule V 104 A that has hearing aid compatibility and volume control, and is indicated by appropriate signage. §§ 4.1.3(17)(a), (b), 4.30.7(2), 4.31.
(4) As originally designed, Corridor C 136 F does not provide the required maneuvering clearances. Modify the design of the corridor so that there is a minimum maneuvering clearance width of 54 inches. § 4.13.6, Fig. 25.
(5) Drawing sheet A2.8 did not indicate whether there is sufficient knee clearance underneath the sink in Evidence Receiving Room 125 B. Ensure that the sink in Evidence Receiving Room 125 B provides sufficient space underneath the sink so that the knee clearance is at least 27 inches above the finish floor. § 4.24.3.
(6) Drawing sheet A2.11 did not indicate whether the counter tops in the common-use area (Work Storage 105 D) were more than 34 inches above the finish floor. The drawings did not show at least one upper accessible cabinet. Ensure that the counter top is no more than 34 inches above the finish floor. Ensure that there is at least one upper cabinet that complies with the Standards. §§ 4.1.3(12)(a), 4.2.6, Fig. 6(c), 4.25, 4.32.4.
(7) As originally designed, the rear grab bar at Toilet 118 (A2.6) is less than the minimum 36 inches in length. Modify the design of the toilet so that the rear grab bar is at least 36 inches in length. § 4.17.6, Fig. 30(a).
(8) Drawing sheet A2.7 did not indicate the height of the toilet seats, the length of the rear grab bars, the height of the urinals and location of flush-valve handles. Ensure that the toilet is between 17-19 inches above the finish floor measured to the top of the toilet seat, the rear grab bar is at least 36 inches and the rim of the urinal is no more than 17 inches above the finish floor in length. §§ 4.16.3, 4.17.6, 4.18.2.
(9) Drawing sheet A2.7 did not indicate whether the door to Toilet 136E had sufficient maneuvering clearance on the push side of the door. Ensure that Toilet 136E provides at least 12 inches maneuvering clearance on the push side of the door without encroaching on the lavatory. §§ 4.13.6, Fig. 25, 4.26.
(10) There is no indication in drawing sheet E2.1 that there is a visual alarm in Records 110. Ensure that a visual alarm is provided that complies with the Standards. § 4.28.3.
f. Second Floor
(1) Drawing sheet A2.11 did not indicate whether the counter in Work Files 206 G was between 28 and 34 inches above the finish floor. The drawings also did not show at least one upper accessible cabinet. Ensure that the counter top is between 28 and 34 inches above the finish floor and that at least one upper accessible cabinet that complies with the Standards is provided. §§ 4.1.3(12)(a), 4.2.6, Fig. 6(c), 4.25, 4.32.4.
(2) The design drawing (A2.12) did not indicate whether there are any accessible lockers in each locker room. Ensure that lockers are provided in each locker room that have all of the elements of an accessible locker, including clear floor space, height and accessible hardware. § 4.25.
(3) The design drawing (A2.12) did not indicate whether there is a fixed bench in each dressing room. Ensure that a 24 inch by 48 inch fixed bench is provided in each dressing room. § 4.35.4.
(4) As originally designed, insufficient maneuvering clearance was provided at Door 213 on the pull side of the door. Modify the design of that space so that sufficient maneuvering clearance (54 inches) is provided on the pull side of the door. § 4.13.6, Fig. 25.
(5) Drawing sheet A2.13 did not indicate whether the counter top, sink and cabinets in Break Room 211 were between 28 and 34 inches above the floor. Ensure that the counter top is no more than 34 inches above the finish floor and that the sink and cabinet comply with all relevant provisions of the Standards. §§ 4.1.3(12)(a), 4.2.6, Fig. 6(c), 4.25.
(6) As originally designed, insufficient maneuvering clearance was provided at the door to Toilet 204 on the push side of the door. Modify the design of the space in Toilet 204 to provide 12 inches of clearance on the latch side of the door without encroaching on the lavatory. § 4.13.6, Fig. 25.
(7) Drawing sheet A2.12 and A2.13 did not indicate the height of the toilet, the length of the rear grab bar, the height of the urinals and location of flush-valve handles. Ensure that the height of the toilet is between 17-19 inches measured to the top of the toilet seat, the rear grab bar is at least 36 inches in length and the rim of the urinal is no more than a maximum of 17 inches above the finish floor. §§ 4.16.3, 4.17.6, 4.18.2.
25. The City shall complete the following modifications to the Fairbanks Regional Health Center within one year of the effective date of this Agreement:
a. Men’s Toilet Room
(1) The pressure required to open the door to the men’s toilet room is 19 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. §§ 4.1.3(7)(b), 4.13.11(2)(b), 4.22.2.
(2) The distance between the wall and the edge of the privacy wall at the urinal is 28-3/4 inches. Move the toilet stall partition so that it has a clear floor space of at least 30 inches by 48 inches while maintaining the 60 inch width of the accessible stall. §§ 4.1.3(11), 4.22.5, 4.18.3.
(3) The rim of the urinal is 18 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. §§ 4.1.3(11), 4.18.2, 4.22.5.
(4) The toilet stall door coat hook is located 61 1/2 inches above the floor. Provide a hook that is no more than 54 inches above the finish floor for a parallel approach. §§ 4.1.3(12)(a), 4.2.6 & Fig. 6(b), 4.25.3.
(5) The toilet paper dispenser is located 44 inches from the back wall. Re-mount the dispenser 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 and no less than 19 inches from the finish floor. § 4.17.3 & Fig. 30(d).
(6) The space between the wall and the rear grab bar is 1 1/2 inches to 2-1/4 inches. Re-mount the rear grab bar so that the space between the wall and the bar is exactly 1 1/2 inches. § 4.26.2 & Fig. 39(a), (b), (c), and (e).
b. Women’s Toilet Room
(1) The pressure required to open the door to the women’s toilet room is 16 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. §§ 4.1.3(7), 4.13.11(2)(b), 4.22.2.
c. Baby Changing Station
The baby changing station when open is 36 inches above the finish floor. Provide an accessible baby changing table that is 28-34 inches above the finish floor when open. See Standards § 4.32.4.
In order to ensure that the following spaces in City facilities, for which alterations will commence after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions.
26. Within 30 days of their availability, submit to the Department the design drawings for the renovation of the Public Safety Building which is due to be undertaken in 2001. The Department will review the drawings for conformity to the ADA Standards for Accessible Design, and the City will renovate this building in compliance with the Standards.
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, is readily accessible to and usable by persons with mobility impairments, the City will take the following actions:
27. The City shall make the following modifications to the Old Main School (City Hall) within 12 months of the effective date of this Agreement:
a. The parking lot serving City Hall has 82 parking spaces with 2 designated as accessible. Alter the spaces to provide a minimum of 4 accessible spaces with at least one "van-accessible" parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility. §§ 4.1.2(5)(a),(b), 4.6.3, 4.6.4.
b. The signs for the accessible spaces say that parking is limited to 2 hours. There is no limit for parking in the other spaces. Alter the parking restriction so that all spaces in the parking lot have the same time limit or no time limit. 28 C.F.R.
§ 35.130(b)(ii).
c. The spout outlet on the drinking fountain is located 38 inches above the finish floor. Install a drinking fountain on the upper level with a spout outlet no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense from a point no lower than 15 inches and no higher than 48 inches from the finish floor. § 4.15.2 & Fig. 27(a).
d. Women’s Toilet Room - Upper Level
(1) The toilet room identification signage is mounted in the wrong location. Provide a sign with raised and Brailled characters to the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The toilet paper dispenser is located 41-3/4 inches from the back wall. Re-mount the dispenser 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 and no less than 19 inches from the finish floor. § 4.17.3 & Fig. 30(d).
(3) The space between the wall and the rear grab bar is 2 1/2 inches. Re-mount the rear grab bar so that the space between the wall and the bar is exactly 1 1/2 inches. § 4.26.2 & Fig. 39(a), (b), (c), and (e).
e. Men’s Toilet Room - Upper Level
(1) The toilet room identification signage is mounted in the wrong location and does not have raised letters or Braille. Provide a sign using raised lettering and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
f. There is no signage at the inaccessible lower or mid level toilet rooms directing users to the accessible upper level toilet rooms. Install signage directing users to the location of the accessible toilet rooms. Remove the international symbol of accessibility from the mid-level toilet rooms as they are not accessible. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
g. The public telephone does not comply with §4.1.3(17)(a),(b). Provide a public telephone that has hearing aid compatibility, a volume control, and accompanying signage. §§ 4.1.3(17)(a), (b), 4.30.7(2), 4.31.2 through 4.31.8.
28. The City shall complete the following modifications to the University of Alaska Downtown Center within one year of the effective date of this Agreement:
a. The entrance doors to the building are double leaf doors with a fixed post in the middle. One leaf of the double doors provides a clear width opening of 28-3/4 inches. Alter the doorway to provide at least one leaf 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 degrees. §§ 4.13.4, 4.13.5, 4.13.6.
b. Men’s Toilet Room - Second Floor
(1) The pressure required to open the door to the men’s toilet room is 10 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. § 4.13.11(2)(b).
(2) The accessible stall is 41 inches wide and has twist hardware that requires tight grasping. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.
(3) The mirror is mounted so that the bottom edge of the reflecting surface is 43 1/2 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6 & Fig. 31.
c. Women’s Toilet Room - Second Floor
(1) The pressure required to open the door to the women’s toilet room is 10 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. § 4.13.11(2)(b).
(2) The accessible stall is 41-1/4 inches deep. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.
(3) The door coat hook located outside of the stall is 57 1/2 inches above the finish floor. Provide a hook in the accessible stall that is no more than 54 inches above the finish floor for a parallel approach. §§ 4.2.6 & Fig. 6(b), 4.25.3.
d. There is no signage at the inaccessible third floor toilet rooms directing users to the accessible second level toilet rooms. Install signage directing users to the location of the accessible toilet rooms. §§ 4.1.6(3)(e)(iii), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.
29. The City shall complete the following modifications to the South Fairbanks Community Center within one year of the effective date of this Agreement:
a. There is no designated accessible parking space provided. Establish a "van- accessible" parking space in compliance with the Standards. §§ 4.1.2(5)(b), 4.1.2(7)(a).
b. There is no accessible route from the parking lot to the building. Provide an accessible route from the accessible parking spaces to the building which should include a curb ramp from the accessible parking to the sidewalk. §§ 4.3.2(1), 4.3.8, 4.7.
c. Women’s Toilet Room
(1) The toilet room does not have the required signage. Install signage, using raised characters and Braille, on the wall adjacent to the entrance so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The door to the accessible stall does not provide a minimum clear opening of 32 inches because the lavatory prevents the opening of the door to 90 degrees. Alter the area so that the doorway provides a minimum clear opening of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. § 4.13.5.
(3) The floor space between the toilet and the front of the stall is 30-1/4 inches. Provide a "standard" accessible toilet stall at least 60 inches wide ad 56-59 inches deep such that all of the stall’s elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(4) The accessible stall door has twist hardware that requires tight grasping. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrists to operate. §§ 4.13.9, 4.17.5.
(5) The door coat hook is located 66-1/4 inches above the finish floor. Provide a hook in the accessible stall that is no more than 54 inches above the finish floor for a parallel approach. §§ 4.2.6 & Fig. 6(b), 4.25.3.
(6) The entrance door to the toilet room has a clear opening width of 30 1/2 inches. Alter the doorway to provide a minimum clear opening of at least 32 inches measured from the face of the door to opposite door stop with the door open 90 degrees. § 4.13.5.
(7) The far end of the grab bar is 50 inches from the back wall. Reposition or replace the grab bar so that the far end is at least 52 inches from the rear wall and begins no more than 12 inches from the back wall. § 4.17.6 & Fig. 30.
(8) The rear grab bar is located 7 inches from the side wall. Reposition the grab bar with the end closer to the side wall mounted no more than 6 inches from the side wall. § 4.17.6 & Fig. 30(a).
(9) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Install insulation to cover the pipes. § 4.19.4.
d. Men’s Toilet Room
(1) The toilet room does not have the required signage. Install signage, using raised characters and Braille, on the wall adjacent to the entrance so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The entrance door to the accessible stall has a clear opening width of 30 1/2 inches. Alter the doorway to provide a minimum clear opening of at least 32 inches measured from the face of the door to opposite door stop with the door open 90 degrees. § 4.13.5.
(3) The floor space between the toilet and the front of the stall is 30 1/2 inches. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22, 4.26, 4.27.
(4) The length of the side grab bar is 48-1/4 inches. Reposition or replace the grab bar so that it is at least 54 inches long and begins no more than 12 inches from the back wall. § 4.17.6 & Fig. 30.
(5) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Install insulation to cover the pipes. § 4.19.4.
30. The City shall complete the following modifications to the North Star Council on Aging within one year of the effective date of this Agreement:
a. Men’s Toilet Room
(1) The toilet room does not have the required signage. Install signage, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door.
§§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The floor space in front of the urinal is 21 inches wide. Alter the area so that there is a clear floor space of 30 inches wide by 48 inches deep in front of the urinal. § 4.18.3.
(3) The accessible toilet stall contains the following non-compliant elements: the stall is 40 inches wide; the stall door has twist hardware; the centerline of the toilet is located 20 inches from the side wall; there is no rear grab bar; the coat hook is located 65 1/2 inches above the floor; and the toilet paper dispenser interferes with the use of the grab bar.
Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30(a), 4.26, 4.27.
(4) The height of the lavatory provides a clearance of 27 1/2 inches above the finish floor to the bottom of the apron. Re-mount or provide a lavatory so that there is a clearance of at least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. §§ 4.22.6, 4.19.2 & Fig. 31.
(5) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Install insulation to cover the pipes. § 4.19.4.
b. Women’s Toilet Room
(1) The toilet room does not have the required signage. Install signage, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door.
§§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The accessible stall is 39 1/2 inches wide and has twist hardware that requires tight grasping. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.13, 4.16, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.
(3) The height of the lavatory provides a knee clearance of 27-3/4 inches above the finish floor. Re-mount or provide a lavatory so that there is a knee clearance of at least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. §§ 4.22.6, 4.19.2 & Fig. 31.
(4) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Install insulation to cover the pipes. § 4.19.4.
31. The City shall complete the following modifications to the Fairbanks Regional Fire Training Center within 18 months of the effective date of this Agreement:
a. The designated accessible parking space is not served by an adjacent access aisle or identified as "van-accessible". Restripe the space to provide at least one "van-accessible" parking space served by an access aisle at least 96 inches wide and provide an additional "van-accessible" sign mounted below the symbol of accessibility at that "van-accessible" space. §§ 4.1.2(5)(a),(b), 4.6.3, 4.6.4.
b. There is no accessible route from the parking lot to the building. Provide an accessible route from the accessible parking spaces to the building which should include a curb ramp from the parking to the sidewalk. § 4.3.2(1), 4.3.8, 4.7.
c. At the entrance foyer door, there is a gap wider than 1/2 inch between the floor grid and the door. Alter this area so that the gap is no greater than 1/2 inch. § 4.5.4.
d. Men’s Toilet Room
(1) The toilet room does not have the required signage. Install signage, using raised characters and Braille, on the nearest adjacent wall to the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.2(7)(d), 4.1.3(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The pressure required to open the door to the men’s toilet room is 12 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. § 4.13.11(2)(b).
(3) The accessible toilet stall contains the following non-compliant elements: the stall is 41 1/2 inches wide, has twist hardware that requires tight grasping to operate and the toilet paper dispenser does not permit continuous paper flow . Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.17.3 & Fig. 30(a), 4.22.4, 4.26, 4.27, 4.16.6.
(4) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Install insulation to cover the pipes. §§ 4.19.4, 4.22.6.
e. Women’s Toilet Room
(1) The toilet room does not have the required signage. Install signage, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door.
§§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The pressure required to open the door to the women’s toilet room is 15 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. § 4.13.11(2)(b).
(3) The entrance door to the toilet room has twist hardware that requires tight grasping. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrists to operate. § 4.13.9.
(4) The accessible stall door has twist hardware that requires tight grasping. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrists to operate. § 4.13.9.
(5) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Install insulation to cover the pipes. § 4.19.4.
(6) The toilet paper dispenser in the accessible toilet stall does not permit continuous paper flow. Install a dispenser that permits continuous paper flow. § 4.16.6.
32. The City shall complete the following modifications to Historic City Hall/Fairbanks Community Museum within 15 months of the effective date of this Agreement:
a. Accessible street parking is not located on the shortest accessible route to the accessible entrances to the facility (the side museum entrance and the entrance through the adjoining Cole Building), and the absence of a curb ramp requires persons using wheelchairs to enter into traffic. Relocate the spaces to the concrete pad on the driveway serving the accessible entrances. § 4.6.2.
b. The side entrance to the museum has a 1 inch change in level in front of the door and a 4 inch change in level at the door threshold. Alter these areas so that there are no abrupt changes in level greater than 1/4 inch, or greater than 1/2 inch if beveled with a slope no greater than 1:2, or by installing a ramp with a slope no greater than 1:12 that has a level landing of at least 60 inches in length in front of the doorway that provides the required level maneuvering clearance for the door. §§ 4.5.2, 4.8, 4.13.8.
c. Install signage at the inaccessible front entrance of the museum directing persons to the accessible entrances; install signage designating the side museum entrance and the Cole Building entrance as accessible. §§ 4.1.2(7)(c), 4.30.
d. The side entrance door to the museum has twist hardware that requires tight grasping. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrists to operate. § 4.13.9.
e. There is a 3 inch change in elevation at the threshold to the doorway to the Family Centered Services. Alter this threshold so that the change is no greater than 1:2 and beveled with a slope of 1:2, or by installing a ramp with a slope no greater than 1:12 that has a level landing of at least 60 inches in length in front of the doorway. §§ 4.5.2, 4.8, 4.13.8.
f. Women’s Toilet Room
(1) The toilet room does not have the required signage. Install signage, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door.
§§ 4.1.2(7)(d), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The entrance door to the toilet room has twist hardware that requires tight grasping. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrists to operate. § 4.13.9.
(3) The women’s toilet room has two stalls; each is 35 1/2 - 36 inches wide and has an entry door that has a minimum clear opening width of 28 inches, far smaller than the 60 inch wide "standard" toilet stall required to accommodate persons who use wheelchairs. Remove the stalls in each room and convert the rooms to single-user toilet rooms so that the spaces and elements in each room including the clear floor space, turning space, and accessible route, water closet, grab bars, lavatory, mirror, and controls and dispensers comply with the Standards. §§ 4.2, 4.3, 4.16 and Figs. 28 & 29, 4.18, 4.19 and Figs. 31 & 32, 4.22, 4.26, 4.27.
(4) The vanity lavatory has no knee and toe clearance, twist faucets, and a clear floor space at its front that is 29 inches deep. Provide a lavatory that has clearances, faucets, and a clear floor space that comply with the Standards. §§ 4.19.2, 4.19.3, 4.19.4, 4.22.6, 4.19.5, 4.27.4.
(5) The mirror is mounted so that the bottom edge of the reflecting surface is 46 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.19.6 & Fig. 31, 4.22.6.
(6) The sanitary napkin dispenser is located 55 inches above the finish floor. Re-mount the dispenser so that the highest operable part (coin slot) is no higher than 48 inches above the finish floor for a front approach. § 4.2.5 & Fig. 5(b).
g. Men’s Toilet Room
(1) The toilet room does not have the required signage. Install signage, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.2(7)(d), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The entrance door to the toilet room has twist hardware that requires tight grasping. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrists to operate. § 4.13.9.
(3) The room has two stalls; each is 35 - 36 inches wide and has an entry door that has a minimum clear opening width of 26-1/4 inches, far smaller than the 60 inch wide "standard" toilet stall necessary to accommodate persons who use wheelchairs. Provide an accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, clear floor space, turning space, accessible route, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.2, 4.3, 4.13, 4.16 and Figs. 28 & 29, 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27.
(4) The height of the lavatory provides a clearance of 25-3/4 inches above the finish floor to the bottom of the apron. Re-mount or provide a lavatory so that there is a clearance of at lest 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. §§ 4.22.6, 4.19.2 & Fig. 31.
(5) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Install insulation to cover the pipes. § 4.19.4.
(6) The mirror is mounted so that the bottom edge of the reflecting surface is 50 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. §§ 4.19.6 & Fig. 31, 4.22.6.
(7) The paper towel dispenser lever is located 73 1/2 inches above the finish floor. Remount the dispenser so that the highest operable part is within reach ranges specified for a forward or a side approach. §§ 4.2.5 & Fig. 5(b), 4.2.6 & Fig. 6(b), 4.23.7, 4.27.3.
h. The toilet room in the museum area has the following non-compliant elements: The clear opening width of the entrance door is 28 inches; the centerline of the toilet is 16 inches from the side wall; the clearance from the bottom of the lavatory apron to the finish floor is 27 1/2 inches; there are no grab bars; the bottom edge of the mirror’s reflecting surface is 53 inches above the finish floor.
Alter the toilet room so that it fully complies with the Standards. §§ 4.2.3, 4.22, 4.13, 4.16 and Figs 28 & 29, 4.19 and Figs. 31 & 32, 4.26, 4.27.
33. The City shall complete the following modifications to the Public Safety Building (Fire and Police Station) within 21 months of the effective date of this Agreement:
a. There is no designated accessible parking space provided. Establish a "van- accessible" parking space in compliance with the Standards. §§ 4.1.2(5)(b), 4.6, 4.1.2(7)(a).
b. There is a 1 inch gap between the sidewalk and the building and a 1-3/4 inch change in level at the threshold of the designated accessible entrance. Alter the sidewalk and threshold so that the gap is no greater than 1/2 inch and the change in level is not greater than 1/2 inch and beveled with a slope no greater than 1:2, or by installing a ramp with a slope no greater than 1:12 and with a level landing 60 inches deep at the door. §§ 4.3.8, 4.5.2, 4.8, 4.13.8.
c. Women’s Toilet Room
(1) The toilet room does not have the required signage. Install signage, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.2(7)(d), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The entrance door to the toilet room has twist hardware that requires tight grasping. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrists to operate. § 4.13.9.
(3) The accessible stall is 58 inches wide and 28 1/2 inches deep and the clear opening width of the stall door is 23 1/2 inches. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.17.3 & Fig. 30(a), 4.22.4, 4.26, 4.27, 4.13.5.
(4) The entrance door to the accessible stall swings into the clear floor space at the lavatory; there is insufficient turning space and insufficient maneuvering clearance for the toilet room door. Alter this area to meet the clear floor space, turning space and maneuvering clearance requirements of the Standards. §§ 4.2, 4.3, 4.19.3, 4.22.3.
(5) The height of the toilet is 15 inches from the finish floor to the top of the seat. Replace the toilet or install a riser to increase the height of the seat so that the top of the seat is between 17 and 19 inches from the finish floor. § 4.16.3 & Fig. 29(b).
(6) The door coat hook in the accessible stall is located 66-1/4 inches above the finish floor. Provide a hook that is no more than 54 inches above the finish floor for a parallel approach. §§ 4.2.6 & Fig. 6(b), 4.25.3.
d. Men’s Toilet Room
(1) The toilet room does not have the required signage. Install signage, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.2(7)(d), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
(2) The entrance door to the toilet room has twist hardware that requires tight grasping. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrists to operate. § 4.13.9.
(3) The entrance door to the toilet room has a clear opening width of 28 inches. A trash receptacle further obstructs the entrance. Remove the obstruction and alter the doorway to provide a minimum clear opening of at least 32 inches measured from the face of the door to opposite door stop with the door open 90 degrees. § 4.13.5.
(4) The mirror in the accessible stall is mounted so that the bottom edge of the reflecting surface is 53 1/2 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6 & Fig. 31.
(5) The accessible toilet stall contains the following non-compliant elements: the stall is 58 inches wide and 29 1/2 inches deep; the centerline of the toilet is located 16 1/2 inches from the side wall; the height of the toilet is 15 inches from the finish floor; and the toilet paper dispenser is located 32 1/2 inches from the back wall and 51 inches from the finish floor. Provide a "standard" accessible toilet stall at least 60 inches wide and 56-59 inches deep such that all of the stall’s elements, including entry door, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. §§ 4.17 & Fig. 30(a), 4.22.4, 4.26, 4.27, 4.13, 4.16.
e. The spout outlet height of the upper level drinking fountain is 42 inches from the finish floor. Provide a fountain with a spout height no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense from a point no lower than 15 inches and no higher than 48 inches from the finish floor. §§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5.
34. The City shall complete the following modifications to the Fairbanks Parking Authority and VIP Offices within two years of the effective date of this Agreement:
a. There are four public parking spaces arranged such that later arriving vehicles block the exit of earlier arrivals. There is no accessible parking space. At this location or an alternate location that is on a short accessible route to the entrance, establish a "van- accessible" parking space in compliance with the Standards. §§ 4.1.2(5)(b), 4.6.4, 4.30.7.
b. The entrance doors have twist hardware that requires tight grasping. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrists to operate. § 4.13.9.
c. There are hinged doors in a series leading from the street through the vestibule; the distance from the leading edge of the open vestibule door to the face of the exterior door is 16-3/4 inches. Remove the vestibule door or alter the vestibule so that the minimum space between the doors is 48 inches, plus the width of any door swinging into the space. § 4.13.7.
d. Men’s and Women’s Toilet Rooms
(1) Each room has the following non-compliant elements: inaccessible room identification signage; the entry door has twist hardware and a clear opening width of 27 1/2 inches; the entry door and partition impinge on the requisite clear floor space at the toilet (men’s); the stall door has a clear opening width of 22 1/2 inches (women’s); the stall is 32 1/2 inches by 46 1/2 inches (women’s); the lavatory has twist faucets and a clearance of 25-27 1/2 inches from the bottom of the apron to the finish floor; the hot water and drain pipes are not insulated or configured to protect against contact; the bottom edge of the mirror’s reflecting surface is more than 40 inches above the finish floor; the coat hook and paper towels (women’s) are beyond the reach ranges for persons who use wheelchairs.
Convert one of these toilet rooms into an accessible "unisex" toilet room that fully complies with the Standards. §§ 4.1.2(7)(d), 4.1.3(11), 4.13, 4.16 and Figs. 28 & 29, 4.19 and Figs. 31& 32, 4.22, 4.26, 4.27, 4.30.
IMPLEMENTATION AND ENFORCEMENT
35. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date until the Agreement expires, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations, as necessary.
36. 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.
37. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it 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 directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce § 504 of the Rehabilitation Act.
38. 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.
39. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or it may initiate appropriate steps to enforce § 504 of the Rehabilitation Act.
40. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the City or the Department on request.
41. The effective date of this Agreement is the date of the last signature below.
42. 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, 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.
43. This Agreement will remain in effect for two 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.
44. This Agreement may be executed in several counterparts, each of which shall be an original and shall constitute one and the same instrument. All exhibits hereto are hereby incorporated by specific reference into this Agreement, and their terms are made a part of this Agreement as though fully recited herein.
45. The person signing for the City of Fairbanks represents that he is authorized to bind the City to this Agreement.
For the City: For the United States:
________________________
MAYOR James C. Hayes
City of Fairbanks
800 Cushman Street
Fairbanks, Alaska 99701-4683
Date _________________________
WILLIAM R. YEOMANS,
Acting Assistant Attorney General
for Civil RightsBy:__________________________
JOHN L. WODATCH, Chief
SUSAN B. REILLY, Deputy Chief
JOSEPH C. RUSSO, Supervisory Attorney
ZULMA SOTO, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738
Date _________________________
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 Fairbanks (City) will not discriminate against qualified individuals with disabilities on the basis of disability in the City’s services, programs, or activities.
The City does not discriminate on the basis of disability in its hiring or employment practices. The City will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position. The City will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the City’s business. Any employee’s medical records will be retained separate from personnel files and kept confidential. To the extent the City’s selection criteria for employment decisions have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.
The City will p
riate auxiliary aids and services, including qualified sign language interpreters and assistive listening devices, whenever necessary to ensure effective communication with members of the public who have hearing, sight, or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden. A person who requires an accommodation or an auxiliary aid or service to participate in a city meeting should contact the office of the City Clerk. For any other City program, service, or activity, contact the office of Antonio C. Tony Shumate, the City Personnel Director and ADA Coordinator, at 907-459-6781 (voice) and (TDD) as far in advance as possible but no later than 48 hours before the scheduled event.
The City can be reached by telecommunications devices for the deaf (TDD) at and also through the Alaska Relay Service at 1-800-770-8973 (TDD).
Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to Antonio C. Shumate.
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.