Settlement Agreement between the United States and Highland County, Ohio, Attachment (K)

Attachment K: Program Access in Existing Facilities

Please Note: Paragraph 50 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 County's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the following actions within two years of the effective date of this Agreement:

HIGHLAND COUNTY ANNEX

135 North High Street, Hillsboro, Ohio - constructed prior to January 26, 1992, no alterations.

3. ENTRANCE

a. The double-leaf entrance door is inaccessible because each leaf provides a clear opening width of 26 inches and there is no automatic door opener. Provide a designated accessible entrance that has at least one active leaf with a minimum 32 inch clear opening width with the door open 90 degrees, measured between the face of the door and the opposite stop; 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 ½ inch in height and beveled with a slope no greater than 1:2. All hardware and operating devices shall 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 §§ 4.1.3(7)(a), 4.13, Figs. 24, 25.

b. The route from the parking lot to the entrance of the building is inaccessible because the ramp's slope is 1:11 and there are no handrails provided. 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 1¼ inches and 1½ 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 ramp's 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.

c. The entrance door is inaccessible because there is no level landing at the door. Provide an accessible door with a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

d. As an alternative to paragraphs a - c (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.

4. DOMESTIC VIOLENCE OFFICE

a. The service counter is inaccessible because it is 46 inches above the finished floor and 11 inches deep. 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).

5. MEN'S 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.

b. The pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open or close. Standards § 4.13.11(2)(b).

6. WOMEN'S TOILET ROOM

b. The pressure required to open the door is 11 pounds. Provide a door that requires no more than 5 pounds of force to open or close. Standards § 4.13.11(2)(b).

c. 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 room's 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 §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

7. DRINKING FOUNTAIN

a. The spout height is 39 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 lb of pressure 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.

HIGHLAND COUNTY COURT HOUSE

105 North High Street, Hillsboro, Ohio - constructed prior to January 26, 1992, no alterations.

8. MAIN ENTRANCE

a. The entrance door is inaccessible because latch 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. COMMON PLEAS COURTROOM

a. There is no sign to designate the accessible entrance. Provide accessible, directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances. Standards §§ 4.1.3(8)(d), 4.1.3(16)(b), 4.13, 4.30.

b. The entrance door is inaccessible because latch 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. As an alternative to paragraphs a -b (above), design and implement a policy for providing access to the programs in the 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.

10. PROBATE COURT OFFICE

a. The service counter 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).

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.

11. JUVENILE COURT OFFICE

a. The service counter is 43 ½ 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).

12. MEN'S TOILET ROOM

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 §§ 4.2.4, 4.2.5, 4.2.6.

13. WOMEN'S TOILET ROOM

b. The toilet room sign is not on the wall to the latch 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.

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 §§ 4.2.4, 4.2.5, 4.2.6.

d. The feminine-products dispenser is inaccessible because the controls are mounted at 51 ½ inches above the finished floor and is obstructed 22 inches by the toilet. Provide a feminine-products 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.

14. CLERK OF COURT

a. The service counter is 41 ½ 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).

c. As an alternative to paragraph b (above), design and implement a policy for providing access to the programs in the 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.

15. JUVENILE COURT

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.

16. CONFERENCE ROOM

PROSECUTORS OFFICE

112 Governor Foraker Place, Hillsboro, Ohio - constructed prior to January 26, 1992, no alterations.

17. PROSECUTOR'S OFFICE

a. The room sign is on the door. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. §§ 4.30.4, 4.30.5, 4.30.6.

b. The pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open or close. Standards § 4.13.11(2)(b).

18. MEN'S TOILET ROOM

a. The toilet room sign is 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 pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open or close. Standards § 4.13.11(2)(b).

c. The rear grab bar at the toilet is inaccessible because its overall length is 30 inches. 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 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ 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.

19. WOMEN'S TOILET ROOM

b. The pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open or close. Standards § 4.13.11(2)(b).

c. The lavatory area is inaccessible because some of the dispensers are obstructed by the trash can. Provide all 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.

d. The rear grab bar at the toilet is inaccessible because its overall length is 30 inches. 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 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ 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.

ADMINISTRATION BUILDING

114 Governor Foraker Place, Hillsboro, Ohio - constructed prior to January 26, 1992, no alterations.

20. PARKING

a. Although the parking lot has approximately 10 total parking spaces, the designated accessible parking space is not accessible because the sign can be obscured, there is no access aisle, no accessible route to the rear (designated accessible) entrance because a person has to use the roadway and there are many potholes, and the slope is an average of 1:11. On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space reserved for people with disabilities. Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle 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. At the van accessible space, 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).

21. ENTRANCE

a. The route from the accessible parking area to the designated accessible entrance is inaccessible because it is in a dangerous alley without a surface that is smooth and stable. 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 a surface that is firm, stable, and slip resistant; have 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.

b. The entrance door is inaccessible because there is a 1 inch threshold. Provide an accessible door with a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

22. UNISEX TOILET ROOM

a. The pressure required to open the door is 16 pounds. Provide a door that requires no more than 5 pounds of force to open or close. Standards § 4.13.11(2)(b).

b. The toilet room sign is centered at 57 ½ inches. 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.

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.

23. 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.

24. ELEVATOR

a. The elevator is inaccessible because its highest interior floor button is 52 inches above the finished floor and accessed by a front approach only, and the alarm button is 58 inches above the finished floor. Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols. Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons 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; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor. Standards § 4.10.12, Fig. 23.

b. The elevator is inaccessible because the cab measures 43 inches by 72 inches. Provide an elevator with a cab that is a minimum of 51 inches deep from the back wall of the cab to the control panel and 54 inches deep from the back wall of the cab to the face of the door; that, if the doors are centered on the wall, is at least 80 inches wide and, if the doors are located to one side of the wall, is at least 68 inches wide. Ensure that the door opening is at least 36 inches wide, and that floor surfaces are firm, stable, and slip-resistant. Standards §§ 4.10.9, 4.10.10, Fig. 22.

c. As an alternative to paragraphs a - b (above), design and implement a policy for providing access to the programs accessed by elevator, 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.

25. AUDITOR'S OFFICE

26. TREASURER'S OFFICE

a. The service counter is inaccessible. 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).

27. MAP OFFICE

28. RECORDER OFFICE

THIRD FLOOR

29. EXTENSION OFFICE

30. COMMISSIONER'S 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 service counter is 39 ½ 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).

HIGHLAND COUNTY ANIMAL SHELTER

9357 State Route 124, Hillsboro, Ohio - constructed prior to January 26, 1992, no alterations.

31. UNISEX TOILET ROOM

b. The toilet is inaccessible because the flush control is on the closed side. 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.

32. ACCESSIBLE ROUTE

a. There is no accessible route between the cages. 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 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 §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

b. As an alternative to paragraph a (above), design and implement a policy for providing access to the programs in the 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.