Attachment K: Program Access in Existing Facilities

Please Note: Paragraph 31 of the Agreement requires that within three months of the effective date of this Agreement, the City 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 City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with disabilities, the City will take the following actions:
3. Within 9 months of the effective date of the Agreement, the City will complete the following modifications to City Hall, located at 475 West Commerce Street:
   1. Parking:
      1. There are a total of 26 parking spaces for City Hall, including 1 standard space and no van accessible spaces designated as reserved for people with disabilities. The designated accessible space is not on the shortest accessible route to the accessible entrance because the curb cut is located far away from the parking space. In addition, there is no vertical signage. On the shortest accessible route to the accessible entrance, provide a total of at least 1 van accessible space and 1 standard space designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§4.1.2(5), 4.6, 4.30.7(1).
      2. There are no designated accessible parking spaces located on the shortest accessible route to the accessible entrance for the polling place located at the City Hall Fire Station. The parking designated as reserved for persons with disabilities is not dispersed among the accessible facility entrances. Provide accessible parking such that some accessible parking spaces serve each of the accessible facility entrances. Standards §4.6.2.
   2. Entrance: The interior entrance door is inaccessible because it requires 13 pounds of force to open. Provide a door that requires no more than 5 pounds of force to open. Standards §4.13.11(2)(b).
   3. Counter: The counter for paying fines, bills, etc., is inaccessible because it is 42½ inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§7.2(2), 4.3.
   4. Visual Alarms: Although the facility contains an emergency alarm system, there is no visual alarm provided in the lobby area or in the toilet rooms, and the visual alarms present elsewhere are mounted higher than 80 inches above the finished floor. Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use. Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate. Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower. Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal. In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling. Standards §4.28.3.
   5. Room Signage: The signage provided is inaccessible because it is located on the windows and doors throughout the facility. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§4.30.1, 4.30.4, 4.30.5, 4.30.6.
   6. Front Entrance Foyer Drinking Fountain: Although a drinking fountain is provided, it is not accessible because the spout is 38 inches above the finish floor. In addition, there is no access for people who have difficulty bending or stooping. 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, or provide a cup dispenser within accessible reach ranges. Ensure that fountain controls are operable with one hand, require 5 pounds or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. Additionally, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser; or by such other means as would achieve the required accessibility for each group of people. Standards §§4.15, 4.27.4, Fig. 27.
   7. Men’s and Women’s Single-User Toilet Rooms Located in Foyer Off Front Entrance
      
      1. The toilet room signs are inaccessible because they are mounted on the door and do not have raised and Braille characters. For each toilet room, provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 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.
      2. The toilet room doors are inaccessible because they have knob hardware. For each toilet room, 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.
      3. In each toilet room, the lavatories are inaccessible because the lavatories’ hot water and drainage pipes are not covered or otherwise configured to protect against contact. In each room, provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §4.19.4.
      4. The door in each toilet room swings into the required clear floor space at the lavatory. In each room, ensure that no door swings into the required clear floor space at any accessible fixture. Standards §4.22.2.
      5. The toilet room doors, which are accessed by a front approach, are inaccessible because they have insufficient maneuvering space on the pull side. On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door. Standards §4.13.6, Fig. 25(a).
      6. The lavatory in each toilet room is inaccessible because it has twist type hardware which requires turning of the wrist for operation. In each toilet room, 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.
      7. The toilet in the women’s toilet room is inaccessible because its centerline is 17 inches from the side wall. The toilet in the men’s toilet room is inaccessible because its centerline is 16 inches from the side wall. Within 30 months of the effective date of this Agreement, in each toilet room, provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §4.16.2, Fig. 28.
      8. The toilet flush control on the toilet in the women’s toilet room is inaccessible because it is on the closed side of the toilet. 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, 4.27.4.
      9. The side grab bar at the toilet in each toilet room is inaccessible because it is mounted with its far end 43 inches from the rear wall. In each room, 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. Standards §4.16.4, Fig. 29(b).
      10. The side grab bar in the men’s toilet room is inaccessible because it is mounted 32½ inches above the finished floor. Provide grab bars that are mounted between 33 and 36 inches above the finished floor. Standards §4.16.4, Fig. 29.
      11. The rear grab bar at the toilet in both toilet rooms is inaccessible because it is 20 inches long. In both toilet rooms, 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. Standards §4.16.4, Fig. 29.
      12. In both toilet rooms, the side grab bars are inaccessible because there are objects mounted above them that interfere with the use of those grab bars. In both toilet rooms, provide a side grab bar that has at least 1½ inches between the grab bar and any object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§4.16.4, 4.26.2, Fig. 39.
   8. Courtroom
      1. The door to the courtroom is inaccessible because the pressure required to open the door exceeds 5 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §4.13.11(2)(b).
      2. Although there are more than 50 fixed seats, there is no assistive listening system. Provide a permanently installed assistive listening system serving the fixed seating. Ensure that the seating served by the system is located within a 50 foot viewing distance of the stage or playing area and has a complete view of the stage or playing area. Provide at least 4 receivers for use by the general public and signage indicating their availability. 28 C.F.R. §35.160; Standards §§4.30, 4.33
4. Within 6 months of the effective date of the Agreement, the City will complete the following modifications to Old City Hall, located at 2465 Highway 51 South:
   1. Parking and Accessible Route
      
      1. The parking lot in the rear of the building has 8 spaces and no designated accessible spaces. On the shortest accessible route to the accessible entrance, provide a total of at least 1 van accessible space designated as reserved for people with disabilities. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§4.1.2(5), 4.6, 4.30.7(1).
      2. There is no accessible route from the accessible parking spaces in the parking lot in the rear of the facility into the building. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§4.3, 4.5, Fig. 7.
      3. The pedestrian route coming from the south is inaccessible because there is no curb ramp. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12 (8.33%), 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 10%) or handrails or guardrails to protect against cross traffic. Standards §4.3.8, 4.7, Fig. 12.