BACKGROUND
SCOPE OF THE INVESTIGATION
The United States Department of Justice (Department) initiated this matter as a compliance review of Florence County, South Carolina under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Departments implementing regulation, 28 C.F.R. Part 35. Because the County receives financial assistance from the Department of Justice, the review was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Departments implementing regulation, 28 C.F.R. Part 42, Subpart G.
The review was conducted by the Disability Rights Section of the Departments Civil Rights Division and focused on the Countys 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 Departments title II regulation, 28 C.F.R. § 35.105;
- to notify applicants, participants, beneficiaries, and other interested persons of their rights and the Countys obligations under title II and the Departments regulation, 28 C.F.R. § 35.106;
- to designate a responsible employee to coordinate its efforts to comply with and carry out the Countys 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 have been made by January 26, 1995), in accordance with the Departments title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.
- 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 Departments 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;
- to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 9-1-1 services, for persons who use TTYs and computer modems, 28 C.F.R. § 35.162;
- to provide information for interested persons with disabilities concerning the existence and location of the Countys accessible services, activities, and facilities, 28 C.F.R. § 35.163(a); and
- 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).
As part of its compliance review, the Department reviewed the following facilities, which because construction or alterations commenced after January 26, 1992 must comply with the ADAs new construction or alterations requirements: Florence County Magistrates Office, Law Enforcement Complex, Lake City Public Library, Lynches River County Park (new construction), and Civic Center.
The Departments program access review covered those of the Countys programs, services, and activities that operate in the following facilities: City-County Complex, Dog Control Shelter, Johnsonville Branch Library, Lynches River County Park (existing), Freedom Florence Park, Ebenezer Park, Olanta Library, Pamplico Library, David H. McLeod Park, Tara Village Athletic Park, Lower Florence County Public Services Building, Olanta Magistrate.
The Department conducted a program access review of the following polling places: West Florence Fire Station, Lambs Chapel Church Family Life Center, Sneed Middle School, Florence YMCA, Pamplico, Quinby Town Hall, Johnsonville, and Olanta Town Hall, Coward. This review was limited to the areas of the facilities used by the voting public: parking, the route from the parking area to the area used for voting, and the area used for voting.
The Department also conducted a program access review of the following facilities that are designated as emergency shelters: Florence Civic Center. This review was limited to the areas of the facilities used by members of the public during an emergency: parking, the route from the parking area to the area used as a shelter, the area used as a shelter, and toilet facilities serving that area.
The Department reviewed the Countys policies and procedures regarding voting and emergency management and disaster prevention to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.
Finally, the Department reviewed the Countys Sheriffs Departments policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.JURISDICTION
1. The ADA applies to the County 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 determine the compliance of the County with title II of the ADA and the Department's title II implementing 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. § 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 determine the Countys 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. §§ 42.530 and 42.108-110, to suspend or terminate financial assistance to the County 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.
4. The parties to this Agreement are the United States of America and Florence County, South Carolina.
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 Implementation and Enforcement.
ACTIONS TAKEN BY FLORENCE COUNTY7. The County has had a designated ADA Coordinator since the ADA was enacted, who handles concerns for employees and citizens of Florence.
8. A self-evaluation was conducted in December 1992. Florence County designated an ADA Task Force to evaluate areas not previously reviewed by the Countys Ad Hoc Committee in 1987 related to the Rehabilitation Act of 1973. ADA Task Force Members represented the following departments and offices: Finance, South Carolina Commission for the Blind, Auditor, Family Court, Central Services, Recreation, Florence Magistrate, South Carolina Vocational Rehabilitation, Pee Dee Speech and Hearing, Library, Personnel and the Building Commission.
9. The Florence County Voter Registration and Elections commission provides curbside service at all precincts.
10. Florence Countys 9-1-1 Emergency dispatch service utilizes the Motorola Gold Elite system which integrates the functions of a TTY into the computer system. Each dispatcher is trained and tested monthly.
11. The Florence County Emergency Management Department has designated specific persons or agencies to care for their citizens with disabilities, including the following:a. The PIO (Public Information Officer), to take all appropriate actions to ensure emergency information is communicated in a manner that allows those with special needs to get the information, including obtaining a sign language interpreter;
b. The PDRTA (Pee Dee Regional Transportation Authority), to provide buses capable of transporting citizens who use wheelchairs or who otherwise have limited mobility;
c. The DSS (Department of Social Services) to provide for special medical needs during an emergency; and,
d. The Florence County Communications Department, to transmit information in many formats including radio, internet, telephone, pager and TTY.
REMEDIAL ACTIONNOTIFICATION
12. Within two months of the effective date of this Agreement, the County 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 County; 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 this Agreement. Copies will also be provided to any person upon request.
13. Within three months of the effective date of this Agreement, and on yearly anniversaries of this Agreement until it expires, the County 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 Countys accessible programs, services, and activities.GRIEVANCE PROCEDURE
14. Within three months of the effective date of this Agreement, the County 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
15. Within three months of the effective date of this Agreement, the County 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 sign language or oral interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).
16. The County will take steps to ensure that all appropriate employees are trained and practiced in using the State or regional Relay Service to make and receive calls.9-1-1
17. Within three months of the effective date of this Agreement, the County will develop procedures for answering 9-1-1 calls that include training all call takers to use a TTY to take 9-1-1 calls, to recognize a silent open line as a potential TTY call and respond by TTY, and to ensure that TTY calls are answered as quickly as other calls received.
18. The County will monitor its incoming 9-1-1 TTY calls to ensure they are answered as quickly and accurately as other calls received.
19. The County will incorporate correct TTY call-taking procedures into 9-1-1 call takers performance evaluations and will amend its personnel policies to include written disciplinary procedures for call takers who fail to perform TTY call-taking consistent with the training and procedures. The County will implement and report to the Department its evaluation and procedures within three months of the effective date of this Agreement.LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
20. Within three months of the effective date of this Agreement, the County will adapt for its own use and implement the Florence County Sheriffs Offices Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all sheriff department officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].
21. Within three months of the effective date of this Agreement, the County 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, to its sheriff department or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).
22. Within three months of the effective date of this Agreement, the County will ensure that each sheriff station or substation and each detention facility is equipped with a working TTY to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls. Where inmate telephone calls are time-limited, the County will adopt policies permitting inmates who use TTYs a longer period of time to make those calls, due to the slower nature of TTY communications compared with voice communications.VOTING
23. Some of the Countys polling places may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, would be 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 polling places by any person or entity, including the Department.
24. Within one month of the effective date of this Agreement, the County will request in writing that Olanta Town Hall, Lambs Chapel Church Family Life Center and Quinby Town Hall implement the modifications listed in Attachment E to comply with the Standards. The request will specify that the remediations be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy of the request to the Department.
25. Within 14 months of the effective date of this Agreement, the County will survey all facilities mentioned in paragraph 24 to determine whether the actions requested by the County have been implemented. If not, for each polling place that still contains inaccessible parking, exterior route, entrance, or interior route to the voting area, the County will identify within 18 months of the effective date of this Agreement an alternate location where these elements are accessible. That identification will utilize the survey instrument that appears as Attachment F to this Agreement. The County will then take immediate steps to change its polling place to the new location.
26. Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, and interior routes to the voting area, prior to each election, the County will identify and widely publicize to the public and to persons with disabilities and organizations serving them the most accessible polling place(s) for each precinct or voting district.
27. Within three months of the effective date of this Agreement, the County will provide opportunities for same-day balloting for voters with disabilities whose assigned polling place does not have accessible parking, exterior route, entrance, and interior route to the voting area. The method for providing these opportunities may include allowing the individual to vote at another nearby location that is accessible, vote by an absentee ballot that is accepted if postmarked on the day of the election (or picked up by election officials at the home of the voter on the same day as the election), provide curbside voting at the inaccessible polling place, or any other method that ensures that disabled voters have the same degree of information available to them when casting their ballots as others.
28. Within one year of the effective date of this Agreement, the County will develop and implement a way for persons who are blind or have low vision to vote independently and privately, whether through ballots and instructions in alternate formats (in-person and absentee), Braille templates and audio instructions, the provision of accessible voting machines, or some other method.
29. Within three months of the effective date of this Agreement, the County will survey its voter registration locations for accessibility to persons with disabilities by using the form provided at Attachment F and will report the results of this survey to the Department. If barriers to access are identified, the County will implement and report the Department its plan to provide program access, which may include allowing persons to register to vote through alternative means or at alternative locations.
30. Within three months of the effective date of this Agreement, the County will make all voter registration materials available in alternate formats, including Braille, large print, audio tape, and computer disk.
31. Starting three months from the effective date of this Agreement, when the County purchases or otherwise acquires new voting machines, one such newly-acquired machine per polling location will be the most accessible model for persons with disabilities (including those with mobility and visual impairments) that has been approved for County use by the applicable governing authority (e.g., State Secretary of Elections or other such official).
32. Starting three months from the effective date of this Agreement, when setting up its voting equipment, the County will ensure that the equipments accessibility to persons with disabilities is maximized, such as setting up table-top equipment on accessible tables and within the reach ranges required by the Standards, as shown in Attachment F.
33. Within the month prior to the next election that utilizes the Countys polling places, and at yearly anniversaries of the effective date of this Agreement until it expires, the County will train poll workers on the rights of people with disabilities and the practical aspects of assuring those rights. The training will cover, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people with disabilities, as necessary; and how to operate any non-standard voting equipment or accessible features of standard equipment (particularly new, accessible equipment).EMERGENCY MANAGEMENT PROCEDURES AND POLICIES
34. If the County 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 County will ensure that the other entity complies with the following provisions on its behalf.
35. Within three months of the effective date of this Agreement, the County 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 those who serve them regarding all phases of its emergency management plan (preparation, notification, response, and clean up).
36. Within three months of the effective date of this Agreement, the County 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 County 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 County plan should address accessible transportation needs for persons with disabilities.
37. Within three months of the effective date of this Agreement, the County 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.
38. Within three months of the effective date of this Agreement, the County 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).
39. Within three months of the effective date of this Agreement, the County 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 who, for safety or health reasons, should not be in contact with certain types of animals.
40. Some of the Countys 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.
41. Within one month of the effective date of this Agreement, the County will request in writing that each of the owners and operators of the shelter facilities listed in Attachment G will remove the noted barriers to access for persons with disabilities. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy of the request to the Department.
42. Within 14 months of the effective date of this Agreement, the County will survey the shelter listed in Attachment G to determine whether the noted barriers have been removed. If not all barriers have been removed, the County will identify within 18 months of the effective date of this Agreement an appropriate number of alternate shelters where the parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms to the shelter area comply with the Standards.
43. Within three 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 County will identify and widely publicize to the public and to persons with disabilities and the organizations that serve them the most accessible emergency shelters.
44. Within three months of the effective date of this Agreement, the County 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.SIDEWALKS
45. Within three months of the effective date of this Agreement, the County 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.
46. Within three months of the effective date of this Agreement, the County 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. Filling a pothole is not considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County 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.
47. Beginning no later than three months after the effective date of this Agreement, the County 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.
48. Within three months of the effective date of this Agreement, the County 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 County 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.
49. Beginning no later than three months after the effective date of this Agreement, the County 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.WEB-BASED SERVICES AND PROGRAMS
50. Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County will distribute to all persons - employees and contractors - who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the County (Internet Personnel) the technical assistance document, Accessibility of State and Local Government Websites to People with Disabilities, which is Attachment H to this Agreement (it is also available at www.ada.gov/websites2.htm).
51. Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following:a. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
b. Ensure that all new and modified web pages and content are accessible;
c. Develop and implement a plan for making existing web content more accessible;
d. Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and
e. Periodically (at least annually) enlist persons with disabilities to test its pages for ease of use.PHYSICAL CHANGES TO FACILITIES
52. The elements or features of the Countys facilities that do not comply with the Standards, including those listed in Attachments I, J, K, and L, prevent persons with disabilities from fully and equally enjoying the Countys 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.
53. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement.
54. Within three months of the effective date of this Agreement, the County 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.
55. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I.
56. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment J.
57. Program Access in County Existing Facilities: In order to ensure that each of the Countys 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 County will take the actions listed in Attachment K.MISCELLANEOUS PROVISIONS
58. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.
59. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County 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).
60. Within six months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County 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.
61. Within one year of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.
IMPLEMENTATION AND ENFORCEMENT62. If at any time the County 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 will not be unreasonably withheld or delayed.
63. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 County, 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.
64. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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.
65. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
66. 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 County or the Department on request.
67. 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, which are hereby incorporated by reference), will 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 Countys continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.
68. This Agreement will remain in effect for three years.
69. The person signing for the County represents that he or she is authorized to bind the County to this Agreement.
70. The effective date of this Agreement is the date of the last signature below.
For Florence County: For the United States:
CHARLIE J. BLAKE, JR.
Interim County Administrator
By: __________________________
Date: 4 -19-05
R. ALEXANDER ACOSTA
Assistant Attorney General for Civil Rights
By: _________________________________
JOHN L. WODATCH, Chief
JEANINE WORDEN, Deputy Chief
MARY LOU MOBLEY, Senior Counsel
ELIZABETH BACON, Supervisory Attorney
SUSAN GEIPE QUINN, 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: 5-5-05
Attachment A to Settlement Agreement between the United States of America and
Florence County, South Carolina DJ# 204-67-122
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, Florence County will not discriminate against qualified individuals with disabilities on the basis of disability in the Countys services, programs, or activities.
Employment: Florence County 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: Florence County 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 Countys 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: Florence County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all County programs, services, and activities. For example, individuals with service animals are welcomed in County 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 County program, service, or activity, should contactBonnita Andrews
Human Resources Director and ADA Coordinator
Drawer S, City-County Complex
Florence, South Carolina 29501
843-665-3054
as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require Florence County 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 County program, service, or activity is not accessible to persons with disabilities should be directed to [name,telephone, address]
Florence County 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.
(Return to Agreement)
Attachment B to Settlement Agreement between the United States of America and
Florence County, South Carolina DJ# 204-67-122
Florence County
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 County. The Countys Personnel Policy governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as the name, address, phone number of the 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:
Bonnita Andrews
Florence County Human Resources
Drawer S, City-County Complex
Florence County, South Carolina 29501
(843) 665-3054
Within 15 calendar days after receipt of the complaint, Ms. Andrews or her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Ms. Andrews or 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 County and offer options for substantive resolution of the complaint.
If the response by Ms. Andrews or 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 Mr. John King, County Administrator or his designee.
Within 15 calendar days after receipt of the appeal, Mr. King or his designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, Mr. King or his designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by Ms. Andrews or her designee, appeals to Mr. King or his designee, and responses from these two offices will be retained by the County for at least three years.
(Return to Settlement)
Attachment C to Settlement Agreement between the United States of America and
Florence County, South Carolina DJ# 204-67-122
Florence County's Sheriff's Department's
POLICY STATEMENT REGARDING EFFECTIVE COMMUNICATION
WITH PEOPLE WHO ARE DEAF OR HARD OF HEARING
OVERVIEW
It is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:
- People who identify themselves as 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 have identified themselves as 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 individuals 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 and a sign language interpreter is often not required.
- 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 Agencys 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 (TTYs)
Use of qualified oral or sign language interpreters
Attachment D to Settlement Agreement between the United States of America and
Florence County, South Carolina DJ# 204-67-122
GUIDE FOR LAW ENFORCEMENT OFFICERS
When In Contact With People Who Are Deaf or Hard of Hearing
As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.
Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers communication with people who are deaf or 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 individuals 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 individuals 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 drivers 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 womans 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:
______________________________________________________________________________________________________
(Return to Agreement)
Attachment E to Settlement Agreement between the United States of America and
Florence County, South Carolina DJ# 204-67-122
Program Access Modifications at Polling Places
OLANTA TOWN HALL
365 North Magnolia Avenue
1. PARKINGa. Although there is a small parking lot, there are no accessible spaces designated for persons with a disability. On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space designated as reserved for people with disabilities. Ensure that the van accessible space is a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Provide an additional Van-Accessible sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
b. The route from the parking area to the entrance is inaccessible because a level surface is not provided. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.LAMBS CHAPEL CHURCH FAMILY LIFE CENTER
3514 Southborough Road
2. ENTRANCEa. The entrance door during voting days is inaccessible because there is between a 1 and 1 1/2 inch change in level at the threshold to the door. Provide an accessible door with a threshold that is no greater than 1/4 inch, or is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.
b. Although Lambs Chapel provides temporary accessible parking on voting days, the existing parking lot does not have access aisles. At each temporary accessible space, provide an access aisle at least 60 inches wide. Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6.3, Fig. 9.QUINBY TOWN HALL
611 East Ashby Road
3. ENTRANCEa. The voting area is inaccessible because there is a 1 1/4 inch change in level at the entrance to the bay door. Provide an accessible entrance with a threshold that is no greater than 1/4 inch, or is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.
Attachment F to Settlement Agreement between the United States of America and
Florence County, South Carolina DJ# 204-67-122
VOTING ACCESSIBILITY SURVEY
Citations are to ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A.
Name and address of polling location:___________________________________________________________________
Name, title, and phone number of individual conducting survey: _______________________________________________
ITEM
TECHNICAL REQUIREMENTS
MODIFICATIONS NEEDED
Parking 1 per 25 spaces is accessible, up to 100 spaces; 1 per 50 to 101-200 spaces. 1 in 8 accessible spaces, but not less than 1, must be van accessible. 4.1.2(5)(a) Reserved sign vertical so not obscured by parked vehicles, using Intl Symbol Accessibility. If van space, add van-accessible sign 4.6.4 Width of vehicle space at least 96". 4.6.3 Car access aisles at least 60" 4.1.2(5)(a); van access aisle at least 96". 4.1.2(5)(b). Surface of aisle stable, firm, slip resistant. 4.6.3, 4.3.6, 4.5.1 Slope of space and access aisle no more than 1.50 in all directions (no built-up curb ramp intrusion). 4.6.3 On shortest accessible route of travel to accessible entrance. 4.6.2 Aisle is part of accessible route to entrance. 4.6.3, 4.3 Curb Ramps Slope no more than 1:12. 4.7.2 Width at least 36", not including flared sides. 4.7.3 Accessible Exterior Route At least 36" wide. 4.3.3 Cross slope no more than 1:50. 4.3.7 Route free of stairs, curbs without ramps, abrupt changes of level greater than 1/4". 4.3.8, 4.5.2 Slope no more than 1:20 4.3.7 or complies with requirements of ramps. 4.8.1 Accessible route surfaces stable, firm, slip resistant. 4.3.6, 4.5.1 Directional signs indicate accessible route and accessible entrance (when not all entrances are accessible), using Intl Symbol Accessibility. 4.1.2(7), 4.1.3(8)(d), 4.30.7 Route free of objects (e.g., pay phones, trees) that have leading edges between 27"-80" and that project > 4" into route. 4.4.1 Exterior stairs built so that person who is blind/has low vision will not hit head (e.g., cane detectable barrier such as planter within 27 inches of ground). 4.4.2 Ramps Running slope no more than 1:12; rise for any run a maximum of 30". 4.8.2 Cross slope no more than 1:50. 4.8.6 Surface stable, firm, slip resistant. 4.8.6, 4.5 Clear width between handrails at least 36". 4.8.3 Level landing at top and bottom of ramp and each ramp run. 4.8.4 Landing at least as wide as ramp and at least 60" long. 4.8.4(1), (2) Where ramp changes direction, landing of at least 60"W x 60"L. 4.8.4(3) Edge protection if drop off (i.e., 2" curb, wall, railings, projecting surfaces). 4.8.7 Handrails if ramp over 6" high or over 72" in length. 4.8.5 Inside rail continuous if switchback ramp. 4.8.5(1) Top of handrail between 34" - 38" above ramp surface. 4.8.5(5) At least 12" handrail extensions, parallel to ground, beyond top and bottom of ramp segment. 4.8.5(2) Handrail ends rounded or returned to wall/floor/post. 4.8.5(6) Handrail diameter between 1-1/4" to 1-1/2 OR shape provides equivalent gripping surface (standard pipe this size). 4.8.5, 4.26.2 Clear space between handrail and mounting wall exactly 1 1/2. 4.8.5(3) Rails and fasteners structurally strong/sound. 4.8.5, 4.26.3 Accessible
Entry DoorsDoor or at least one side of double-leaf door must have minimum 32 clear passage when door is open 90 degrees. 4.13.4, 4.13.5 Maneuvering space at door must comply with 4.13.6 and Figure 25 (illustration below). Door hardware cannot require tight grasping, tight pinching, or twisting of the wrist. 4.13.9 Operating hardware mounted no more than 48" from floor. 4.13.9 Interior doors cannot require more than 5 lbs of force to open. 4.13.11(2)(b) If two doors in series, clear floor space must be at least 48" between doors, plus width of any door swinging into the space. 4.13.7 Threshold no more than 3/4" for sliding doors, 1/2" for others, and beveled at 1:2 or less. 4.13.8 If door has closer, takes at least 3 seconds from open position of 70 degrees to move to 3 inches from latch (measured from leading edge of door) 4.13.10 Interior
Routes to Public Use AreasAt least 36" wide. 4.3.3 Cross slope no more than 1:50. 4.3.7 Route free of stairs or abrupt changes of level greater than 1/4". 4.3.8, 4.5.2 Slope of hallway no more than 1:20 4.3.7 or complies with requirements of ramps. 4.8.1 Accessible route surfaces stable, firm, slip resistant. 4.3.6, 4.5.1 If carpeted, secure, trimmed, low pile with firm/no pad. 4.5.3 Route free of objects (e.g., fire extinguishers, wall-mounted lights, electrical meters, pay phones) that have leading edges between 27"-80" and that project > 4" into route. 4.4.1 Exterior stairs built so that person who is blind/has low vision will not hit head (e.g., cane detectable barrier such as a planter or other object placed within 27" of ground, wherever vertical clearance for pedestrian is 80" or less). 4.4.2 Voting Machine There is 30 x 48" clear space in front of machine, to accommodate the front or parallel approach of a person in wheelchair; space may overlap accessible route. 4.2.4 & Figure 4(b),(c) (illustration below) For machines placed on tables/desks: knee space must be at least 27"H x 30"W x 19"D; table height no more than 28-34". 4.32.3, 4.32.4 For machines placed on tables/desks: The level reach cannot > 25" deep for a forward approach. If < 20", the height of controls can be 48". If level reach is 20-25" deep, height cannot exceed 44". 4.2.5 & Figure 5(b) (illustration below). For machines placed on tables/desks: The level reach cannot > 24" deep for parallel approach. If < 24" but > 10", the height of controls must be between 15" and 46" above floor. If < 10", height of controls must be between 15" and 54" above floor. 4.2.6 & Figure 6(c) (illustration below). ILLUSTRATIONS Figure 25: Maneuvering Clearances at Doors
Figure 4(b),(c): Clear Floor Space for Persons in Wheelchairs to Approach Voting Machines
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Figures 5(a), 6(b): High and Low Reaches for Front and Parallel Approaches
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Figures 5(b), 6(c): Reach Ranges over Obstructions
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(Return to Agreement)
Attachment G to Settlement Agreement between the United States of America and
Florence County, South Carolina DJ# 204-67-122
Program Access Modifications at Emergency Shelters
Attachment does not apply. All Civic Center remedial actions can be found in Attachment I.
(Return to Agreement)
Attachment I to Settlement Agreement between the United States of America and
Florence County, South Carolina DJ# 204-67-122
Modifications to Newly Constructed Facilities
Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the following actions within two years of the effective date of this agreement:City-County Complex - 180 N. Irby Street
1. City-County Complex back parkinga. The signage designating parking as reserved for persons with disabilities is too low and can be obstructed by parked vehicles. At each space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).
Lake City Public Library - 221 East Main Street
2. Parkinga. Although the parking lot has designated accessible parking spaces, there are no spaces designated as van accessible, and there are no van accessible access aisles. On the shortest accessible route to the accessible entrance, provide at least one van accessible space. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
3. Back Parking
a. Although the parking lot has designated accessible parking spaces, there are no spaces designated as van accessible, and there are no van accessible access aisles. On the shortest accessible route to the accessible entrance, provide at least one van accessible space. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
4. Designated Accessible Toilet Room
a. The toilet is inaccessible because its centerline is 24 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.
b. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room to alert deaf people to emergencies. Provide a visual alarm appliance in the toilet room to alert deaf people to emergencies. Standards §§ 4.1.3(14), 4.28.1, 4.28.3.
c. The toilet paper dispenser is inaccessible because it is mounted too far out from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1 1/2 inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).5. Employee Toilet Room
a. The toilet is inaccessible because its centerline is 20 1/2 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.
6. Reference
a. The service counter is inaccessible because it is 46 1/2 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.
7. Community Room
a. No accessible coat hook has been provided. Provide a coat hook or bar at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
b. The shelf above the coat bar is inaccessible because it is mounted 63 inches above the finished floor. Provide an accessible shelf that is located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; and that has a clear floor space in front that is 30 inches wide by 48 inches deep. Standards §§ 4.1.3(12), 4.25, 4.2.5, 4.2.6.Coward Community Park - Coward County
8. Parka. The routes from the parking lot to the fields and bleachers are inaccessible. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.
b. There is no accessible path of travel from the parking area to the toilet rooms. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.
c. The toilet room signs are not accessible. Provide toilet room signs for the mens and womens toilet rooms with raised and Braille characters. Each sign shall be mounted on the wall adjacent to the latch side of the appropriate door with the centerline of each sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
d. The door hardware is inaccessible. Provide a door with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards §§ 4.1.3(11), 4.22.2, 4.13.9.
e. There is no accessible path of travel to the dugouts. Provide at least one accessible route within the boundary of the site to this element that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.Lynches River County Park - 1110 Ben Gause Road
9. River Parkinga. Although the parking lot has designated accessible spaces, there are no marked access aisles. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and correct your standard spaces that are designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
10. Picnic Shelter 2
a. There is no designated accessible parking. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and correct your standard spaces that are designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
Ebenezer Park - 842 S. Ebenezer Road
11. Parkinga. Although the parking lot has 60 total parking spaces, there are only 2 spaces designated as accessible, there are no signs, and there are no spaces designated as van accessible. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and at least 2 standard spaces that are designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
b. There is no designated accessible route to the baseball field, tennis court, or playground area. Provide at least one accessible route within the boundary of the site connecting all of these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.2(4), 4.3, 4.5, Fig. 7.12. Playground and Picnic Area
a. None of the playground equipment is accessible to a child who uses a wheelchair. Provide a piece of playground equipment that has a transfer platform 11 to 18 inches high with a level surface at least 14 inches deep and 24 inches wide, and supports for gripping. See ADA Accessibility Guidelines for Buildings and Facilities; Play Areas, 36 C.F.R. Part 1191, App. A, § 15.6.5.
b. There are no accessible picnic tables. Provide at least one picnic table that has a surface 28 to 34 inches above the ground with knee space at least 27 inches high, 30 inches wide, and 19 inches deep, and that is situated in clear ground space adjacent to an accessible route from the accessible parking spaces. §§ 4.1.1, 4.3, 4.5, 4.32.13. Womens Toilet Room
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The hand dryer is inaccessible because the controls are mounted at 61 inches above the finished floor and it is obstructed by the trash can. Provide a hand dryer with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.
c. The rear grab bar is 24 inches in overall length. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.16.4, 4.26.2, Fig. 29.14. Mens Toilet Room
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The toilet is inaccessible because the flush control is on the closed side of the stall. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.16.5, 4.17.2, 4.27.4.
c. The rear grab bar is 24 inches in overall length. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.16.4, 4.26.2, Fig. 29.
d. The hand dryer is inaccessible because the controls are mounted at 61 inches above the finished floor. Provide a hand dryer with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.
Attachment J to Settlement Agreement between the United States of America and
Florence County, South Carolina DJ# 204-67-122
Modifications to Altered Facilities
Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the following actions within two years of the effective date of this agreement:Florence County Magistrates Office - 180 N. Irby Street
1. Parkinga. Although the parking lot designates some spaces as accessible, all of the signs are mounted in a way that they could be obscured by a parked vehicle, there are no spaces designated as van accessible, and there are no access aisles. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and correct your standard spaces that are designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).
2. Ramp
a. Access to the sidewalk from the parking lot is via a ramp-type structure that has inaccessible slopes measuring between 12.9 degrees and 16 degrees. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 (or 4.75 degrees) and a cross slope not exceeding 1:50 (or 1.15 degrees); with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; with level landings measuring at least 60 inches by 60 inches when the ramp changes direction; and edge protection that is at least 2 inches high at the drop off sides. Provide handrails that are between 1 1/4 inches and 1 1/2 inches in diameter such that the inside handrail is continuous and both handrails have a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.
3. Lobby
a. The service counter on the right is inaccessible because it is 40 1/2 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.1.6(1)(b), 4.3.
b. The service counter at the window on the left is inaccessible because it is 40 1/2 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.4. Court Room 1
a. The route to the jury box is inaccessible because it is only 24 inches wide. Provide an accessible route to the jury box with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3.3, 4.13.5.
b. The court room is inaccessible because there are no designated wheelchair locations in the spectator seating area. Provide one wheelchair seating area, with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at the wheelchair location is level, firm, stable, and slip resistant; that the wheelchair seating area is an integral part of the fixed seating plan and is located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that the wheelchair seating area adjoins an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to the wheelchair seating area. Standards §§ 4.1.3(19)(a), 4.1.6(1)(b), 4.5, 4.33.5. Jury Room 1 Toilet
a. The toilet is inaccessible because the top of the seat is 16 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.3, Fig. 29(b).
b. There is no rear grab bar. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 29.
c. There is no side grab bar. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 29.
d. The toilet is inaccessible because its centerline is 13 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30.
e. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.
f. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.
g. The paper towel dispenser is inaccessible because the controls are mounted 63 1/2 inches above the finished floor. Provide a paper towel with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.
h. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.6. Public Toilet
a. The toilet is inaccessible because its centerline is 15 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30.
b. The toilet is inaccessible because the top of the seat is 15 1/2 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.3, Fig. 29(b).
c. The toilet is inaccessible because the flush control is on the closed side of the stall. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.
d. The hand dryer is inaccessible because the controls are mounted at 55 inches above the finished floor. Provide a hand dryer with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
e. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.
f. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.
g. There is no side grab bar. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 29.
h. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 29.7. Womens Toilet Room (designated accessible)
a. The main door is inaccessible because the pressure required to open the door is 11 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).
b. The toilet is inaccessible because the flush control is on the closed side of the stall. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.
c. The toilet paper dispenser is inaccessible. Provide a toilet paper dispenser that is mounted with its top at least 1 1/2 inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).
d. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.
e. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.8. Mens Toilet Room (designated accessible)
a. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.
b. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.9. Court Room 2
a. The route to the jury box is inaccessible because it is only 23 1/2 inches wide. Provide an accessible route to the jury box with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3.3, 4.13.5.
10. Jury Room 2 Toilet Room
a. There is no side grab bar. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 29.
b. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 29.
c. The toilet is inaccessible because the flush control is on the closed side of the room. Provide a flush control mounted on the open side of the toilets clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.27.4.
d. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.11. Court Room 3
a. The route to the jury box is inaccessible because it is only 23 1/2 inches wide. Provide an accessible route to the jury box with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3.3, 4.13.5.
12. Jury Room 3 Toilet Room
a. The toilet room main door is inaccessible because the clear opening width is 21 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.2, 4.13.5, 4.13.9.
b. The toilet room contains a number of inaccessible elements and is not accessible to people with disabilities. Provide an accessible toilet room such that all of the rooms elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.13. Jury Room
a. The route into the jury room is inaccessible because of an obstruction. Provide an accessible route to the jury room with a minimum clear width of 36 inches. Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3.3.
Attachment K to Settlement Agreement between the United States of America and
Florence County, South Carolina DJ# 204-67-122
Program Access in Existing Facilities
Please Note: Paragraph 47 of the Agreement requires that within three months of the effective date of this Agreement, the County will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.
1. The technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is readily accessible to and usable by persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151.
2. In order to ensure that each of the Countys 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 County will take the following actions:
Program Access in Existing Facilities: In order to ensure that each of the Countys 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 County will take the following actions within two years of the effective date of this Agreement:City-County Complex - 180 N. Irby Street
3. Parkinga. Although the parking lot has designated accessible spaces, all of the signs are mounted in a way that they can be obstructed by a parked vehicle and there is not a sign at every designated accessible space. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and correct your standard spaces that are designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
4. Ramp
a. The ramp is inaccessible because there is a handrail only along one side. Provide handrails that are between 1 1/4 inches and 1 1/2 inches in diameter such that the inside handrail is continuous and both handrails have a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post. Standards § 4.8.5.
5. Public Telephone
a. The coin slot is too high for a person using a wheelchair to reach and there is no volume control. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that are hearing aid compatible and have a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; and with a cord of at least 29 inches long from the telephone to the handset. Standards § 4.31.
1st Floor
6. Information Desk
a. The service counter is 54 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).
7. Tax Assessor
a. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
b. The counters that are provided in order to view records are mounted 38 and 40 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).8. Delinquent Tax Office
a. The room sign is mounted on the door. Provide a sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.9. Treasurers Office
a. The service counter is inaccessible because it is 46 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).
10. County Auditor
a. The service counter is inaccessible because it is 38 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2)
11. Drinking Fountain
a. Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards § 4.1.3(10)(a).
12. County Human Resources
a. The room sign is mounted on the hinge side of the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.Basement
13. Clerk of Court
a. The ramp from the elevator to the clerk of court office is inaccessible because the slope is too steep. Provide a ramp that is at least 36 inches wide and has a slope not exceeding 1:12 and a cross slope not exceeding 1:50. Provide level landings at the top and bottom of the ramp that are at least as wide as the ramp and at least 60 inches long. If the ramp changes direction, provide a level landing measuring at least 60 inches by 60 inches at the change in direction. In the alternative, provide accessible signage that staff at the information desk shall retrieve records located in the clerk of court office for people with disabilities upon request. Standards §§ 4.3.8, 4.8.
b. The ramp from the elevator to the clerk of court office is inaccessible because there are no handrails provided. On both sides of the ramp, provide handrails between 1 1/4 inches and 1 1/2 inches in diameter with a continuous gripping surface. Ensure that the handrails extend at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface, that they are mounted between 34 inches and 38 inches above the ramp surface, that they will not rotate within their fittings, and that they have ends that are rounded or return smoothly to floor, wall, or post. Standards §§ 4.3.8, 4.8.14. Real Property Records
a. The window counter is 41 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2)
15. Drinking Fountain
a. The spout height is 41 inches above the finished floor. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people. Standards §§ 4.15, 4.27.4, Fig. 27.
b. The drinking fountain is inaccessible because it lacks adequate knee clearance. Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward. Standards § 4.15.5(1), Figs. 27(a), (b).16. Elevator
a. The elevator is inaccessible because the call button is 54 inches above the finished floor. Provide hall (lobby) call buttons with visual signals indicating when each call is registered and when each call is answered. Ensure that the call buttons are centered at 42 inches above the finished floor, a minimum of 3/4 inch in the smallest dimension, with the button designating the up direction on top; that the call buttons are raised or flush; and that objects mounted beneath hall call buttons do not project into the elevator lobby more than 4 inches. Standards § 4.10.3, Fig. 20.
b. There is an obstruction blocking the route to the call button on each floor. Provide and maintain an accessible route that has a minimum clear width of at least 36 inches. Standards § 4.3.3.
c. The elevator is inaccessible because, although emergency communications are provided, the emergency phone is mounted 73 inches above the finished floor, and the emergency call button is 63 inches above the finished floor. Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device. If the system uses a handset, ensure that the length of the cord from the panel to the handset is at least 29 inches. If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist. Standards § 4.10.14.
d. The threshold at the elevator door on the 11th floor is inaccessible because it does not self-level. Provide each elevator with a self-leveling feature that will automatically bring the car to floor landings within a tolerance of 1/2 inch under rated loading to zero loading conditions. Standards § 4.10.2.
e. The elevator is inaccessible because the visible signal indicator does not operate on the 11th floor, and there is no audible indicator to go down on the 10th floor. Provide hall lanterns at each hoistway entrance that emit a visible and audible signal. Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say "up" or "down;" and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2 1/2 inches in the smallest dimension, and they are visible from the vicinity of the hall call button. Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable. Standards § 4.10.4, Fig. 20.11th Floor
17. Drinking Fountain
a. The spout height is 37 inches above the finished floor. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people. Standards §§ 4.15, 4.27.4, Fig. 27.
b. The entrance door adjacent to the drinking fountain is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.18. Womens Toilet Room - single user toilet room in meeting room area
a. The lavatory is inaccessible because it has twist-type faucets. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.
b. The paper towel dispenser is inaccessible because the controls are mounted at 61 1/2 inches above the finished floor. Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
c. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
d. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
e. The toilet is inaccessible because the top of the seat is 16 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards § 4.16.3, Fig. 29(b).
f. There is no side grab bar. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
g. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.19. Mens Toilet Room - single user toilet room in meeting room area
a. The lavatory is inaccessible because it has twist-type faucets. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.
b. The paper towel dispenser is inaccessible because the controls are mounted at 61 1/2 inches above the finished floor. Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
c. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
d. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
e. The toilet is inaccessible because the top of the seat is 16 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards § 4.16.3, Fig. 29(b).
f. There is no side grab bar. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
g. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.10th Floor
20. Common Pleas Court Room
a. The main entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
b. The route to the courtroom is inaccessible because there is an obstruction at the door. Provide an accessible route to the courtroom with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.3.3, 4.13.5.
c. The courtroom is inaccessible to people with hearing impairments because there is no assistive listening system (ALS). Provide a permanently installed ALS or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide a number of receivers equal to 4% of the total number of seats or a minimum of 2 receivers for use by the general public, and provide signage indicating their availability. Standards §§ 4.30, 4.33.
d. The route to the attorney area is inaccessible because it is only 24 inches wide. Provide an accessible route to the attorney area with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.3.3, 4.13.5.
e. The route to the jury box is inaccessible because it is only 25 inches wide. Provide an accessible route to the jury box with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.3.3, 4.13.5.
f. The route to the witness stand is inaccessible because it is only 25 inches wide. Provide an accessible route to the witness stand with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.3.3, 4.13.5.
g. There is a 6 inch step up to the front riser in the jury box. Provide at least one accessible route to this element that, to the maximum extent feasible, coincides with the route for others jurors. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have, in the absence of a ramp or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). If the placement of a ramp or lift to the raised jury box would pose a hazard by restricting an egress route or by projecting into such a route, provide a wheelchair seating area for jurors with disabilities outside of the raised jury box. Standards §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.
h. The chairs in the jury box are fixed to the floor making them inaccessible to persons who use wheelchairs. Provide at least one wheelchair seating area, with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward reach or rear access, or 66 inches wide by 60 inches deep for side access. Standards §§ 4.1.3 (19)(a), 4.5, 4.33.
i. The court room is inaccessible because there is no designated seating for persons with disabilities. Provide at least 2 wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area. Standards §§ 4.5, 4.33.9th Floor
21. 9th Floor, Family Court Department
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
c. The payment window is inaccessible because the counter is 42 inches above the finished floor. Provide a payment area on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).
d. The clipboard is inaccessible because it is mounted 67 inches above the finished floor. Provide a clipboard that is a maximum height of 48 inches above the finished floor for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.22. Drinking Fountain
a. The spout height is 44 inches above the finished floor. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people. Standards §§ 4.15, 4.27.4, Fig. 27.
b. The drinking fountain is inaccessible because it lacks adequate knee clearance. Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward. Standards § 4.15.5(1), Figs. 27(a), (b).23. Family Court Department Office
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
c. The counter is inaccessible because it is 43 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).24. Womens Toilet Room
a. The toilet room is inaccessible. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms directing users to the accessible toilet rooms and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.30.
25. Library
a. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
b. The book stacks are inaccessible because the space between stacks is only 27 inches. Provide at least 36 inches of clear width between all stacks and provide a clear width of 42 inches between stacks where possible. In the alternative, provide a notice in an accessible location that a staff member will retrieve books for people with disabilities upon request. Standards § 8.5, Fig. 56.26. 9th Mens Toilet Room
a. The toilet room is inaccessible. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms directing users to the accessible toilet rooms and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.30.
8th Floor
27. Mens Toilet Room
a. The first door is inaccessible because the clear opening width is 29 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.
b. The second door is inaccessible because the clear opening width is 29 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.
c. The room sign is mounted on the door. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
d. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
e. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
f. The soap dispenser is inaccessible because it is mounted at an inaccessible height. Provide soap with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
g. The toilet is inaccessible because the top of the seat is 16 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards § 4.16.3, Fig. 29(b).
h. The toilet is inaccessible because its centerline measures 19 1/2 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.1
i. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
j. The side grab bar at the toilet is inaccessible because it is angled and not consistently between 33 and 36 inches above the finished floor. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.17.6, 4.26.2, Fig. 30.
k. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.28. Womens Toilet Room
a. The room sign is mounted on the door and on the hinge side of the door. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The first and second doors are inaccessible because their clear opening width is 29 inches when the doors are opened 90 degrees. Provide doors with a clear opening at least 32 inches wide when measured from the face of each door to the opposite stop when the doors are opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.
c. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
d. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
e. The soap dispenser is inaccessible because it is mounted at an inaccessible height. Provide soap with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.
f. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
g. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
h. The side grab bar at the toilet is inaccessible because it is angled and not consistently between 33 and 36 inches above the finished floor. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.17.6, 4.26.2, Fig. 30.29. Council Chambers - Outer Office
a. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards §§ 4.13.9.
b. The route from entrance door to the council chambers is inaccessible because there is a rug over the carpet. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.30. Council Chambers
a. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards §§ 4.13.9.
b. The door for council members is inaccessible because the clear opening width is 28 1/2 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees. Standards § 4.13.5, Fig. 24.7th Floor
31. Juvenile Justice
a. The room sign is not accessible. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards §§ 4.13.9.32. Veterans Affairs
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.33. Drinking Fountain
a. The spout height is 41 1/2 inches above the finished floor. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people. Standards §§ 4.15, 4.27.4, Fig. 27.
34. Public Defenders Office
a. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
b. The service counter is inaccessible because it is 41 1/2 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).
c. The route from the entrance to the office area is inaccessible because the filing cabinets are 26 inches wide and obstruct the hallway. Provide and maintain an accessible route that has a minimum clear width of at least 36 inches. § 4.3.3.35. Mens Toilet Room and Womens Toilet Room (7th Floor)
a. The toilet rooms are inaccessible. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms directing users to the accessible toilet rooms and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.30.
4th Floor
36. Mens Toilet Room
a. The toilet room is inaccessible. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms directing users to the accessible toilet rooms and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.30.
37. Family Court Waiting Room
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
c. The door is inaccessible because the clear opening width is 29 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.38. Family Court Room
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The courtroom is inaccessible to people with hearing impairments because there is no assistive listening system (ALS). Provide a permanently installed ALS or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide a number of receivers equal to 4% of the total number of seats or a minimum of 2 receivers for use by the general public and signage indicating their availability. Standards §§ 4.1.3(19)(b), 4.30, 4.33.
c. The court room is inaccessible because there is no designated seating for persons with disabilities. Provide at least 2 wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area. Standards §§ 4.1.3(19)(a), 4.5, 4.33.39. Womens Toilet Room - in Court Room
a. The toilet room is inaccessible. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms directing users to the accessible toilet rooms and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.30.
11th Floor
40. General Sessions Court Room
a. The court room is inaccessible because there are no designated wheelchair locations in the spectator seating area. Provide one wheelchair seating area, with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at the wheelchair location is level, firm, stable, and slip resistant; that the wheelchair seating area is an integral part of the fixed seating plan and is located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that the wheelchair seating area adjoins an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to the wheelchair seating area. Standards §§ 4.1.3(19)(a), 4.5, 4.33.
b. The route to the counsel area is inaccessible because it is only 28 inches wide. Provide an accessible route to the council area with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.3.3, 4.13.5.
c. There is a 5 inch step up to the first and second row of seats in the jury box, making it inaccessible to persons using wheelchairs. Provide at least one accessible route to the jury box that, to the maximum extent feasible, coincides with the route for other jurors. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have, in the absence of a ramp or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). If the placement of a ramp or lift to the raised jury box would pose a hazard by restricting an egress route or by projecting into such a route, provide a wheelchair seating area for jurors with disabilities outside of the raised jury box. Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.41. Mens and Womens Toilet Room
a. The toilet rooms are inaccessible. Provide accessible directional signage at each room with the International Symbol of Accessibility at inaccessible toilet rooms directing users to the accessible toilet rooms and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.30.
Dog Control Shelter - 1487 Pound Road
42. Dog Control Sheltera. The route from the parking area to the trailer or the cat area is inaccessible. Provide a ramp that is at least 36 inches wide and has a slope not exceeding 1:12 and a cross slope not exceeding 1:50. Provide level landings at the top and bottom of the ramp that are at least as wide as the ramp and at least 60 inches long. If the ramp changes direction, provide a level landing measuring at least 60 inches by 60 inches at the change in direction. On both sides of the ramp, provide handrails between 1 1/4 inches and 1 1/2 inches in diameter with a continuous gripping surface. Ensure that the handrails extend at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface, that they are mounted between 34 inches and 38 inches above the ramp surface, that they will not rotate within their fittings, and that they have ends that are rounded or return smoothly to floor, wall, or post. Provide edge protection that is at least 2 inches high at the ramps drop off sides. Ensure that the ramp and its level landing at the top and bottom are designed and maintained so that water does not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.
b. As an alternative to paragraph a (above), design and implement a policy for providing access to this program, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.Johnsonville Branch Library - 151 East Marion Street
43. Parkinga. Although the library has a parking lot, there is no demarcation of spaces. On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space. Ensure that van accessible space is a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Provide an additional Van-Accessible sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
44. Ramp
a. The ramp is inaccessible because it is too narrow, is obstructed by shrubs, has only one railing, and has a slope greater than 1:5. Provide a ramp that is at least 36 inches wide and has a slope not exceeding 1:12 and a cross slope not exceeding 1:50. Provide level landings at the top and bottom of the ramp that are at least as wide as the ramp and at least 60 inches long. If the ramp changes direction, provide a level landing measuring at least 60 inches by 60 inches at the change in direction. On both sides of the ramp, provide handrails between 1 1/4 inches and 1 1/2 inches in diameter with a continuous gripping surface. Ensure that the handrails extend at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface, that they are mounted between 34 inches and 38 inches above the ramp surface, that they will not rotate within their fittings, and that they have ends that are rounded or return smoothly to floor, wall, or post. Provide edge protection that is at least 2 inches high at the ramps drop off sides. Ensure that the ramp and its level landing at the top and bottom are designed and maintained so that water does not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.
b. As an alternative to paragraph a (above), design and implement a policy for providing access to the programs in the building, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.45. Entrance
a. The main entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
b. The door is inaccessible because the clear opening width is 29 1/2 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.
c. As an alternative to paragraph b (above), design and implement a policy for providing access to the programs in the building, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.
d. The entrance door is inaccessible because there is up to a 3 1/2 inch change in level at the threshold to the door. Provide an accessible door with a threshold that is no greater than 1/4 inch, or is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.
e. As an alternative to paragraph d (above), design and implement a policy for providing access to the programs in the building, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.46. Counters
a. The service counter is 39 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2.
47. Computer Tables
a. The table apron is 25 inches above the finished floor. Provide an accessible table on an accessible route at least 36 inches wide. Ensure that the table has clear floor space of 30 inches wide by 48 inches deep, knee clearance of at least 27 inches above the finished floor by 30 inches wide by 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor. Standards §§ 8.2, 4.2.4.1, 4.32.
48. Toilet Room
a. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
b. The toilet is inaccessible because there is insufficient clear floor space. Provide clear floor space that complies with Fig. 30 at the toilet. Standards § 4.17.3, Fig. 30.
c. As an alternative to paragraph b (above), design and implement a policy for providing access to the toilet, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.
d. The toilet room door swings into the required clear floor space at the sink. Ensure that no door swings into the required clear floor space at any accessible fixture. Standards § 4.22.2.
e. As an alternative to paragraph d (above), design and implement a policy for providing access to the toilet, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.
f. The lavatory is inaccessible because it has twist-type faucets. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.
g. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
h. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
i. There is no side grab bar. Provide a side grab bar that is as close as possible to 42 inches in overall length, with the far end mounted as as close as possible to 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
j. There is no rear grab bar provided. Provide a rear grab bar that is as close as possible to 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
k. The toilet is inaccessible because its centerline is 13 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.
l. The toilet paper dispenser is mounted above the grab bar. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1 1/2 inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.16.6, Fig. 29(b).
m. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.Lynches River County Park - 1110 Ben Gause Road
49. Parkinga. Although the parking lot has designated accessible parking spaces, there are no spaces designated as van accessible, there are no van accessible access aisles, and the curb ramps are located in the access aisles. On the shortest accessible route to the accessible entrance, provide at least one van accessible space. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
50. Unisex Single User Toilet Room - Community Building
a. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
51. Mens Toilet Room
a. The toilet room is inaccessible. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms directing users to the accessible toilet rooms and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.30.
52. Womens Toilet Room
a. The toilet room is inaccessible. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms directing users to the accessible toilet rooms and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.30.
53. Pool and Picnic Shelter Parking
a. Although the parking lot has 5 designated accessible parking spaces, there are only 3 signs, there are no spaces designated as van accessible, only one standard access aisle and no van accessible access aisles. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and correct your standard spaces that are designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
54. Pool
a. The ticket window is inaccessible because it is 43 inches above the finished floor. Provide a ticket area on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).
b. The concession window is inaccessible because it is 43 inches above the finished floor. Provide a concession counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor. Standards §§ 7.2(1), 4.3.55. Womens Toilet Room
a. The room sign is inaccessible. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The door is inaccessible because the pressure required to open the door is 7 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).
c. The door is accessed from the latch side of the door and is inaccessible because it does not leave adequate clearance. On the pull side of the door, provide a path of travel at least 48 inches wide for a side approach and at least 24 inches of clear maneuvering space adjacent to the latch side of the door. Standards § 4.13.6, Fig. 25(c).
d. The lavatory is inaccessible because it has twist-type faucets. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.
e. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
f. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
g. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
h. The toilet is inaccessible because there is insufficient clear floor space. Provide clear floor space that complies with Fig. 30 at the toilet. Standards § 4.17.3, Fig. 30.56. Mens Toilet Room
a. The room sign is inaccessible. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The door is inaccessible because the pressure required to open the door is 8 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).
c. The door is accessed from the latch side of the door and is inaccessible because it does not leave adequate clearance. On the pull side of the door, provide a path of travel at least 48 inches wide for a side approach and at least 24 inches of clear maneuvering space adjacent to the latch side of the door. Standards § 4.13.6, Fig. 25(c).
d. The lavatory is inaccessible because it has twist-type faucets. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.
e. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
f. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
g. The toilet is inaccessible because its centerline is 19 1/2 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.
h. The urinal is inaccessible because the rim is 22 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.18.2, 4.18.3, 4.18.4.
i. The toilet is inaccessible because there is insufficient clear floor space. Provide clear floor space that complies with Fig. 30 at the toilet. Standards § 4.17.3, Fig. 30.57. Shelter 1
a. Although the parking lot has some designated accessible parking spaces, there are no access aisles. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and correct your standard spaces that are designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
Freedom Florence Park - 1515 Freedom Boulevard
58. Parking near Gymscampsa. Although the parking lot has 8 accessible spaces, there are no signs. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
59. Soccer Field
a. There is no accessible path from the sidewalk to the bleachers. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.
60. Parking at Soccer (between field and toilet room building)
a. Although the parking lot has 5 designated accessible parking spaces, there are only 2 signs, there are no spaces designated as van accessible, and there are no access aisles. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and correct your standard spaces that are designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
61. Womens Toilet Room
a. The room sign is mounted on the door. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
c. There is no door on the designated accessible stall although the other stalls have doors. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards §§ 4.13.5, 4.13.9.
d. The toilet is inaccessible because there is insufficient clear floor space. Provide clear floor space that complies with Fig. 30 at the toilet. Standards § 4.17.3, Fig. 30.
e. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
f. The toilet is inaccessible because the flush control is on the closed side of the stall. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.
g. The baby changing station is inaccessible because the handle is 63 inches above the finished floor when closed, it is mounted over the sink, and it is 43 1/2 inches above the finished floor when open. Provide a baby changing station with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.62. Mens Toilet Room
a. The room sign is mounted on the door. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
c. The toilet is inaccessible because there is insufficient clear floor space. Provide clear floor space that complies with Fig. 30 at the toilet. Standards § 4.17.3, Fig. 30.
d. The toilet is inaccessible because the flush control is on the closed side of the stall. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.
e. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.63. Grandstand Area
a. The grandstand area is inaccessible because there are no designated wheelchair locations in the spectator seating area. Provide one wheelchair seating area, with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at the wheelchair location is level, firm, stable, and slip resistant; that the wheelchair seating area is an integral part of the fixed seating plan and is located so as to provide people with physical disabilities lines of sight comparable to those available for members of the general public; that the wheelchair seating area adjoins an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to the wheelchair seating area. Standards §§ 4.1.3(19)(a), 4.5, 4.33.
b. There is no designated accessible route to all of the soccer fields. Provide at least one accessible route within the boundary of the site connecting all of the soccer fields to accessible parking which, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.64. Parking (back of Gymscamps lot)
a. Although the parking lot has 2 accessible spaces, there are no signs. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
65. Parking (at softball fields)
a. Although the parking lot has 4 spaces that are large enough to be accessible, only 2 have signs that designate them as accessible, those signs can be obstructed by a parked vehicle, and there are no designated access aisles or van accessible parking spaces. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and correct your standard spaces that are designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
66. Ticket Counter
a. The service counter is 43 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).
67. Batting Cage
a. The service counter is 42 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).
68. Main Entrance to Softball Fields
a. The ticket counter is 48 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2.
69. Womens Toilet Room in Gymscamps Building
a. The room sign is mounted on the door. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The toilet is inaccessible because the flush control is on the closed side of the stall. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.
c. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
d. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
e. The lavatory area is inaccessible because some of the dispensers are obstructed by the trash can. Provide one of each type of dispenser with operable controls/coinslots mounted at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.
f. The entrance door from the lobby is inaccessible because the clear opening width is 27 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.70. Mens Toilet Room in Gymscamps Building
a. The room sign is mounted on the door. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The door from the lobby area is inaccessible because the clear opening width is 29 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.
c. The toilet is inaccessible because the flush control is on the closed side of the stall. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.
d. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
e. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise
configured to protect against contact. Standards § 4.19.4.
f. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.71. Womens Toilet Room (softball area)
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
c. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
d. The toilet paper dispenser is inaccessible because the unit may be inoperable with one hand. Provide a toilet paper dispenser with mechanical controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards § 4.27.4.72. Mens Toilet Room (softball area)
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
c. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
d. The toilet paper dispenser is inaccessible because the unit is inoperable with one hand. Provide a toilet paper dispenser with mechanical controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards § 4.27.4.73. Elevator to the Upper Complex
a. The call button is 60 inches above the finished floor. Provide hall (lobby) call buttons with visual signals indicating when each call is registered and when each call is answered. Ensure that the call buttons are centered at 42 inches above the finished floor, a minimum of 3/4 inch in the smallest dimension, with the button designating the up direction on top; that the call buttons are raised or flush; and that objects mounted beneath hall call buttons do not project into the elevator lobby more than 4 inches. Standards § 4.10.3, Fig. 20.
74. Mens Toilet Room (Upper Complex)
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
c. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
d. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
e. The lavatory area is inaccessible because some of the dispensers are obstructed by the trash can. Provide one of each type of dispenser with operable controls and coin slots located at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.75. Womens Toilet Room (Upper Complex)
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The baby changing station is inaccessible because the handle is 63 inches above the finished floor when closed, it is mounted over the sink, and it is 43 1/2 inches above the finished floor when open. Provide a baby changing station with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
c. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
d. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.Olanta Library - 404 East Hampton Street
76. Olanta Library (exterior)a. The ramp is inaccessible because there are no handrails provided. Provide handrails that are between 1 1/4 inches and 1 1/2 inches in diameter such that the inside handrail is continuous and both handrails have a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post. Standards § 4.8.5.
77. Olanta Library (interior)
a. The route to the adult fiction section is inaccessible because it is only 29 inches wide. Provide an accessible route to the adult fiction section with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.3.3, 4.13.5.
b. The route to the non-fiction section is inaccessible because it is only 29 inches wide. Provide an accessible route to the non-fiction section with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.3.3, 4.13.5.
c. As an alternative to paragraphs a - b (above), design and implement a policy for providing access to the programs in the building, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.78. Unisex Toilet Room
a. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
b. The door is inaccessible because the clear opening width is 21 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.
c. As an alternative to paragraph b (above), design and implement a policy for providing access to the toilet, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.
d. There is no side grab bar. Provide a side grab bar that is as close as possible to 42 inches in overall length, with the far end mounted as close as possible to 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
e. There is no rear grab bar provided. Provide a rear grab bar that is as close as possible to 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
f. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
g. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
h. The lavatory is inaccessible because it has twist-type faucets. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.
i. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.Pamplico Library - 180 Main Street
If Florence County can provide program access through other means -- such as through the construction of a new Pamplico Library -- before the deadlines for architectural modification have expired, they may request, in writing, to release them from making the following architectural changes needed to provide program access to library services:
79. Parkinga. The parking lot has no designated accessible parking. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and provide the required number of standard spaces that are designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
b. There is no curb cut to the main entrance. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards §§ 4.3.8, 4.7, Fig. 12.80. Entrance
a. The entrance door is inaccessible because there is a 2 inch change in level at the threshold to the door. Provide an accessible door with a threshold that is no greater than 1/4 inch, or is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.
b. The entrance door is inaccessible because latch-type hardware with a thumb push is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.81. Mens Toilet Room
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The door is inaccessible because the clear opening width is 27 1/2 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.
c. The lavatory is inaccessible because it has twist-type faucets. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.
d. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
e. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
f. The stall door has a clear opening width of 23 inches when opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards §§ 4.13.5, 4.13.9.
g. The toilet is inaccessible because there is insufficient clear floor space. Provide clear floor space that complies with Fig. 30 at the toilet. Standards § 4.17.3, Fig. 30.
h. There is no side grab bar. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
i. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
j. The toilet is inaccessible because the flush control is on the closed side of the stall. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.
k. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.82. Womens Toilet Room
a. The room sign is mounted on the door. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. The door is inaccessible because the clear opening width is 27 1/2 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.
c. The lavatory is inaccessible because it has twist-type faucets. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.
d. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
e. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
f. The stall door has a clear opening width of 23 inches when opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards §§ 4.13.5, 4.13.9.
g. The toilet is inaccessible because there is insufficient clear floor space. Provide clear floor space that complies with Fig. 30 at the toilet. Standards § 4.17.3, Fig. 30.
h. There is no side grab bar. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
i. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
j. The toilet is inaccessible because the flush control is on the closed side of the stall. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above
the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.
k. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.David H. McLeod Park - 620 Santiago Drive
83. Skate Parka. The parking lot has no designated accessible parking. On the shortest accessible route to the accessible entrance, provide at least one van accessible space and provide the required number of standard spaces that are designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
b. There is no accessible path from the parking area to the bleachers. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.84. Horse Shoe Area
a. There is no accessible path from the parking area to the throwing area. Provide at least one accessible route within the boundary of the site that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.
b. There is no accessible path from the parking area to the picnic tables. Provide at least one accessible route within the boundary of the site that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of 1/2 inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.
c. There are no accessible picnic tables. Provide at least one picnic table that has a surface 28 to 34 inches above the ground with knee space at least 27 inches high, 30 inches wide, and 19 inches deep, and that is situated in clear ground space adjacent to an accessible route from the accessible parking spaces. §§ 4.3, 4.5, 4.32.85. Baseball Park
a. Although the parking lot has 4 designated accessible spaces, there are only 2 signs. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
86. Toilet Rooms
a. The ramp is inaccessible because its slope is greater than 1:5. Provide a ramp that is at least 36 inches wide and has a slope not exceeding 1:12 and a cross slope not exceeding 1:50. Provide level landings at the top and bottom of the ramp that are at least as wide as the ramp and at least 60 inches long. If the ramp changes direction, provide a level landing measuring at least 60 inches by 60 inches at the change in direction. On both sides of the ramp, provide handrails between 1 1/4 inches and 1 1/2 inches in diameter with a continuous gripping surface. Ensure that the handrails extend at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface, that they are mounted between 34 inches and 38 inches above the ramp surface, that they will not rotate within their fittings, and that they have ends that are rounded or return smoothly to floor, wall, or post. Provide edge protection that is at least 2 inches high at the ramps drop off sides. Ensure that the ramp and its level landing at the top and bottom are designed and maintained so that water does not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.
b. The toilet room signs are mounted on the door. Provide a room signs with the International Symbol of Accessibility and raised and Braille characters. The signs shall be mounted on the wall adjacent to the latch side of each door with the centerline of each sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
c. The toilets are inaccessible because there is insufficient clear floor space. Provide clear floor space that complies with Fig. 30 at the toilet. Standards § 4.17.3, Fig. 30.
d. There are no rear grab bars provided. Provide a rear grab bar in each toilet room that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
e. The toilet in the mens room is inaccessible because the flush control is on the closed side of the stall. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.
f. The toilet paper dispenser is mounted above the side grab bar. Provide a toilet paper dispenser below the side grab bar mounted at least 19 inches above the finished floor. Standards § 4.16.6, Fig. 29(b).Lower Florence County Public Services Building - 345 S. Ron McNair Boulevard
87. Parkinga. Although the parking lot has some designated accessible parking spaces, there are no van accessible markings, signs or access aisles. On the shortest accessible route to the accessible entrance, provide at least one van accessible space. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
88. Entrance
a. The door is inaccessible because the clear opening width is 30 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.
b. The entrance door is inaccessible because there is a 1 1/4 inch change in level at the threshold to the door. Provide an accessible door with a threshold that is no greater than 1/4 inch, or is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.
c. As an alternative to paragraphs a - b (above), design and implement a policy for providing access to the programs in the building, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.89. Magistrate Window
a. The information window is inaccessible because it is 43 inches above the finished floor. Provide an information area on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).
90. Womens Toilet Room
a. The room sign is inaccessible because it is centered 54 inches high. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
c. The lavatory is inaccessible because the trash can obstructs the clear floor space under the sink and there is not adequate knee clearance. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards § 4.19.2, Fig. 31.
d. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.91. Mens Toilet Room
a. The room sign is inaccessible. Provide a room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.
b. There is a 2 1/2 inch gap between the rear grab bar and the wall. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
c. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.
d. The toilet room door swings into the required clear floor space at the lavatory. Ensure that no door swings into the required clear floor space at any accessible fixture. Standards § 4.22.2.92. Courtroom
a. The court room is inaccessible because there are no designated wheelchair locations in the spectator seating area. Provide one wheelchair seating area, with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at the wheelchair location is level, firm, stable, and slip resistant; that the wheelchair seating area is an integral part of the fixed seating plan and is located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that the wheelchair seating area adjoins an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to the wheelchair seating area. Standards §§ 4.1.3(19)(a), 4.5, 4.33.
93. Jury Box
a. There are two steps into the jury box and each step is 8 inches high, making it inaccessible to persons using wheelchairs. Establish a procedure for providing access to this area or install a ramp or platform lift in compliance with the Standards. Any procedure shall not require lifting or carrying persons with mobility impairments or require them to traverse unnecessary or extreme distances. Standards §§ 4.33.5, 4.3.8, 4.8, 4.11. If the placement of a ramp or lift to the raised jury box would pose a hazard by restricting an egress route or by projecting into such a route, provide a wheelchair seating area for jurors with disabilities outside of the raised jury box.
b. The entrance to the jury box is inaccessible because it is only 29 inches wide. Provide an accessible route to the jury box with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.3.3, 4.13.5.Olanta Magistrate - 202 East Main Street
As an alternative to the following paragraphs, design and implement a policy for providing access to the programs in the building, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.94. Counter
a. The service counter is 42 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).
95. Deliberation Room
a. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
96. Unisex Toilet Room
a. The door is inaccessible because the clear opening width is 22 inches when the door is opened 90 degrees. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards § 4.13.5, Fig. 24.
b. The entrance door is inaccessible because knob hardware is used. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.
c. The toilet room door swings into the required clear floor space at the sink. Ensure that no door swings into the required clear floor space at any accessible fixture. Standards § 4.22.2.
d. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.
e. There is no side grab bar. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
f. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.
g. The toilet is inaccessible because its centerline is 23 1/2 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.97. Double Leaf Doors at Main Entrance
a. There is no level landing at the main entrance. Provide a designated accessible entrance that has at least one active leaf with a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop; that has a minimum space between two hinged or pivoted doors of 48 inches plus the width of any door swinging into the space, with doors swinging in either the same direction or away from the space between the doors; that has either an automatic door operator or clear and level maneuvering clearance that complies fully with Fig. 25; and that has a threshold not exceeding 1/2 inch in height and beveled with a slope no greater than 1:2. Ensure that all hardware and operating devices have shapes that are easy to grasp with one hand and do not require tight grasping, pinching or twisting of the wrist to operate; and that they are mounted no higher than 48 inches above the finished floor. Standards § 4.13, Figs. 24, 25, 26.
Law Enforcement Complex - 6719 Friendfield Road
98. Lobby Areaa. The main service counter is inaccessible because it is 42 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2),
b. The drinking fountain is inaccessible because the spout height is 37 inches above the finished floor. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people. Standards §§ 4.15, 4.27.4, Fig. 27.
c. The route through the metal detector is inaccessible because it is only 31 1/2 inches wide. Provide and maintain an accessible route that has a minimum clear width of at least 36 inches. § 4.3.3.
d. As an alternative to paragraph c (above), design and implement a policy for providing access, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.99. Womens Toilet Room
a. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room to alert deaf people to emergencies. Provide a visual alarm appliance in the toilet room to alert deaf people to emergencies. Standards §§ 4.28.1, 4.28.3.
b. The toilet is inaccessible because there is insufficient clear floor space. Provide clear floor space that complies with Fig. 30 at the toilet. Standards §§ 4.22.4, 4.17.3, Fig. 30.
c. As an alternative to paragraph b (above), design and implement a policy for providing access to this room, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.
d. The sign is inaccessible because it is mounted too high. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
e. There is no rear grab bar. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.22.4, 4.16.4, 4.26.2, Fig. 29.
f. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.22.6, 4.19.6.100. Mens Toilet Room
a. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room to alert deaf people to emergencies. Provide a visual alarm appliance in the toilet room to alert deaf people to emergencies. Standards §§ 4.28.1, 4.28.3.
b. The toilet is inaccessible because there is insufficient clear floor space. Provide clear floor space that complies with Fig. 30 at the toilet. Standards §§ 4.22.4, 4.17.3, Fig. 30.
c. As an alternative to paragraph b (above), design and implement a policy for providing access to this room, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.
d. The toilet is inaccessible because its centerline measures 19 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.22.4, 4.17.3, Fig. 30.
e. There is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.22.4, 4.16.4, 4.26.2, Fig. 29.
f. The toilet is inaccessible because the flush control is on the closed side of the stall. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.22.4, 4.16.5, 4.17.2, 4.27.4.
g. The urinal is inaccessible because the rim is 19 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.22.5, 4.18.2, 4.18.3, 4.18.4.
h. No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.22.6, 4.19.6.101. Legal Records Clerk
a. The service counter is inaccessible because it is 39 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).
102. Intake
a. The intake counter is inaccessible because it is 42 inches high. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards § 7.2(2).
103. General Toilet
a. The toilet room contains a number of inaccessible elements and is not accessible to people with disabilities. Provide an accessible toilet room such that all of the rooms elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.
b. As an alternative to paragraph a (above), design and implement a policy for providing access to a toilet room for persons with disabilities, and provide documentation of this policy to the Department within three months of the effective date of this agreement. 28 C.F.R. § 35.150.104. Drinking Fountain
a. Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards §§ 4.15, 4.27.4, Fig. 27.
105. TTY
a. The staff was uninformed about the availability of a text telephone. Provide at least one public text telephone with signage and implement staff training for providing access to the text telephone. §§ 4.30.7(3), 4.31.9.
106. Entrance
a. The entrance is inaccessible because the assistance button is 56 1/2 inches above the finished floor. Provide assistance buttons that are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach. Standards §§ 4.2.4, 4.2.5, 4.2.6.
107. Parking
The signage designating parking as reserved for persons with disabilities is too low and can be obstructed by parked vehicles. At each space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).
(Return to Agreement)
1 Shifting a toilet a small distance to comply with the centerline requirement need not be expensive. The important factor is maintaining the correct distance between the side grab bar and the toilet. Options include moving the partition on which the grab bar is mounted or installling an offset flange to shift the toilet. Another option is to mount the grab bar on a board attached to the side wall or partition. The board must extend 1 1/2" below the grab bar and 18" above the grab bar to achieve the appropriate distance between toilet and grab bar.
(Return to Attachment K)
Attachment L to Settlement Agreement between the United States of America and
Florence County, South Carolina DJ# 204-67-122
Reserved
Attachment does not apply.
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June 13, 2005