SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE CITY OF HUTCHINSON, KANSAS

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-29-127


BACKGROUND

SCOPE OF THE INVESTIGATION



The United States Department of Justice (Department) initiated this matter as a compliance review of the City of Hutchinson, Kansas under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the City receives financial assistance from the Department of Justice, the review was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G.
The review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the City’s compliance with the following title II requirements:

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 ADA’s new construction or alterations requirements:

Golf Club House
Fire Department Station #6
Public Works Building
Hutchinson Zoo Visitors Center
Fun Valley Sports Complex

The Department’s program access review covered those of the City’s programs, services, and activities that operate in the following facilities:

Parking - City-Wide
Hutchinson Zoo
Dillon Nature Center
Memorial Hall
City Hall
Sports Arena
Airport Administration Building
Law Enforcement Center

The Department reviewed the City’s policies and procedures regarding sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.

Finally, the Department reviewed the City’s Police Department’s policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.

JURISDICTION

1. The ADA applies to the City because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the City with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 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 City’s compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530 and 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

4. The parties to this Agreement are the United States of America and the City of Hutchinson, Kansas.

5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

6. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled “Enforcement and Implementation.”


ACTIONS TAKEN BY THE CITY

7. The City has a designated ADA Coordinator. Grievances are brought to the attention of the Coordinator or the appropriate City Official through the Coordinator and the Hutchinson Human Relations Commission.

8. The City has conducted two additional self-evaluations since completing the original in 1992 and seeks to be proactive in encouraging full accessibility of all programs, services and activities provided to the community.

9. The City has an active ADA Advisory Board that meets on a regular basis to provide ongoing information to City employees and City Council members about specific issues affecting persons with disabilities. The Board reviews all ADA planning and recommendations of the City. The Board is composed of citizens who use wheelchairs, are blind, deaf and senior citizens.

10. The City has sponsored and presented ADA seminars for local and regional groups, considering itself as going beyond the regulatory requirements to what it terms “activism and advocacy.”

11. The City regularly provides qualified sign language interpreters or obtains assistive listening devices for effective communication at forums such as education seminars, council meetings, advisory board meetings, and various committee meetings.

12. All City resource flyers are made available in alternate format, including disk, CD ROM, large print, or Braille. Taped information is provided upon request and the City cable television channel regularly makes available ADA information and issues.

13. All street construction projects in the City are part of a streetscape plan. The plan includes curb ramps, parking, and even art work with accessibility as the guiding principle.

14. The City has developed two separate plans that address the issue of accessible playgrounds. One plan provides access into and onto the playgrounds, the other addresses installation of accessible play equipment.


REMEDIAL ACTION

NOTIFICATION

15. Within four months of the effective date of this Agreement, the City will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the City; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request.

16. Within nine months of the effective date of this Agreement, and annually thereafter until the Agreement terminates, the City will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the City’s accessible programs, services, and activities.

GRIEVANCE PROCEDURE

17. Within four months of the effective date of this Agreement, the City will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

18. The City will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the Kansas State Relay Service to make and receive calls and that its TTY’s are maintained in good working order through test calls every six months for the life of this Agreement.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

19. Within six months of the effective date of this Agreement, the City will adapt for its own use and implement the City of Hutchinson Police Department’s Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all police officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].

20. Within six months of the effective date of this Agreement, the City will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

21. Within twelve months of the effective date of this Agreement, the City will ensure that the police station and detention facility is equipped with a working TTY (text telephone) to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls.

SIDEWALKS

22. Within nine months of the effective date of this Agreement, the City will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts at particular locations.

23. Beginning no later than one month after the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered.1

24. Beginning no later than three months after the effective date of this Agreement, the City will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway.

WEB-BASED SERVICES AND PROGRAMS

25. Within three months of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the City 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 City (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment E to this Agreement (it is also available at www.ada.gov/websites2.htm).

26. Within six months of the effective date of this Agreement, and throughout the life of the Agreement, the City 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 disability groups to test its pages for ease of use.

PHYSICAL CHANGES TO FACILITIES

27. The elements or features of the City’s facilities that do not comply with the Standards, including those listed in Attachments F, G, and H prevent persons with disabilities from fully and equally enjoying the City’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

28. The City will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

29. Within twelve months of the effective date of this Agreement, the City will install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

30. Newly Constructed Facilities: In order to ensure that the spaces and elements in City facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the actions listed in Attachment F.

31. Altered Facilities: In order to ensure that the spaces and elements in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the actions listed in Attachment G.

32. Program Access in Existing Facilities: In order to ensure that each of the City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the actions listed in Attachment H.

33. Access to Programs Housed in Others’ Facilities: In order to ensure that the City’s programs, services, and activities that are the subject of this Agreement and that are operated by the City at facilities owned or controlled by other entities, when viewed in their entirety, are readily accessible to and usable by persons with mobility impairments, the City will take the actions listed in Attachment I.

MISCELLANEOUS PROVISIONS

34. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

35. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).

36. Within eighteen months of the effective date of this Agreement, the City will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The City will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.

37. Within two years of the effective date of this Agreement, the City will deliver its training program to all City employees who have direct contact with members of the public. At the end of that period, the City 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 ENFORCEMENT

38. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

39. The Department may review compliance with this Agreement at any time. If the Department believes that the City has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.

40. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

41. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

42. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the City or the Department on request.

43. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments), shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the City’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

44. This Agreement will remain in effect for four (4) years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved.

45. The person signing for the City represents that he or she is authorized to bind the City to this Agreement.

46. The effective date of this Agreement is the date of the last signature below.



For the City of Hutchinson: For the United States:






By: __________________________
BARRY LAW, Mayor


By: __________________________
LILA FRITSCHEN, ADA Coordinator


By: __________________________
Approved as to form
Corporation Counsel




Date:                 
R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division


By: _________________________________
JOHN L. WODATCH, Chief
JEANINE WORDEN, Deputy Chief
MARY LOU MOBLEY, Senior Counsel
ELIZABETH BACON, Supervisory Attorney
THOMAS ESBROOK, Investigator
MARILYN C. CRANDALL, Architect

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, DC 20530


Date:      1-13-05    



1The alterations provision of this paragraph is not triggered by minor repairs of pot holes or cracks.

(Return to Agreement)






Attachment A to Settlement Agreement between the United States of America
and the City of Hutchinson, Kansas, DJ# 204-29-127



NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT


In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City will not discriminate against qualified individuals with disabilities on the basis of disability in City services, programs, or activities.

Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).

Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City's program, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the office of [name and contact info for ADA Coordinator] as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to [Name and contact info of ADA Coordinator].

The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

(Return to Agreement)






Attachment B to Settlement Agreement between the United States of America
and the City of Hutchinson, Kansas, DJ# 204-29-127


City of Hutchinson, Kansas

Grievance Procedure under The Americans with Disabilities Act



This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City. The City's Personnel Policy governs employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as 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:


[Name and address of ADA Coordinator]

Within 15 calendar days after receipt of the complaint, [name of ADA Coordinator] or [his/her] designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, [name of ADA Coordinator] or [his/her] designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint.

If the response by [name of ADA Coordinator] or [his/her] designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of within 15 calendar days after receipt of the response to the City Manager or Mayor or their designee.

Within 15 calendar days after receipt of the appeal, the City Manager or Mayor or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or Mayor or their designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by [name of ADA Coordinator] or [his/her] designee, appeals to the City Manager or Mayor or their designee, and responses from these two offices will be retained by the [City/County] for at least three years.

(Return to Agreement)






Attachment C to Settlement Agreement between the United States of America
and the City of Hutchinson, Kansas, DJ# 204-29-127


CITY OF HUTCHINSON’S POLICE DEPARTMENT:

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:

– 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.

– If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.


ON-CALL INTERPRETIVE SERVICES


TTY AND RELAY SERVICES


TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY

– 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.


TYPES OF AUXILIARY AIDS AND SERVICES

– Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters


(Return to Agreement)






Attachment D to Settlement Agreement between the United States of America
and the City of Hutchinson, Kansas, DJ# 204-29-127



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:

What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.

For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.

Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.

DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.

How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.

If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.

– In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.

– During interrogations and arrests, a sign language interpreter will often be necessary.

– If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.

– In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.

Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.

Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.

Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.

Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.

Contact numbers for your local sign language interpreters:

___________________________________________________
___________________________________________________
___________________________________________________

(Return to Agreement)






Attachment F to Settlement Agreement between the United States of America
and the City of Hutchinson, Kansas, DJ# 204-29-127


Modifications to Newly Constructed Facilities



Please Note: Paragraph 29 of the Agreement requires that within twelve 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.

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.

Newly Constructed Facilities: In order to ensure that the following spaces and elements in City facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions:

1. The City shall complete the following modifications to the GOLF CLUB HOUSE located at Carey Park within 18 months of the effective date of this Agreement:

a. PARKING

i. Although there are 129 existing parking spaces, including three spaces designated for persons with disabilities, there are no access aisles. On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space and at least 1 standard space designated as reserved for people with disabilities. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are 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. At van accessible spaces, 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. ASSISTIVE LISTENING SYSTEM AND RECEIVERS

i. No assistive listening system is provided for the meeting room. The City will make assistive listening systems and devices available through the ADA Coordinator’s Office and will post signage at the meeting room and on any reservation forms or literature regarding this meeting room to announce their availability. Standards §§ 4.1.3(19)(b), 4.30, 4.33.

c. GOLF COURSE

i. There are no accessible golf carts. The next time that golf carts are purchased, the City will acquire at least one accessible golf cart to provide program accessibility. 28 C.F.R. § 36. 202(b). The City will implement policies to ensure the access cart’s availability to persons with disabilities. These will include, for example, allowing persons with disabilities to reserve it or use it without reservations; renting out the accessible golf cart to non-disabled users only when all other carts are in use; charging the same for the use of the accessible cart as others; and maintaining it in good condition. The accessible cart may be used by non-disabled golfers when consistent with the policies set out above.

ii. The kitchen sink in the Ladies’ Meeting Room of the Clubhouse is not accessible because it has a 36 inch high counter. Provide a sink with a counter a maximum of 34 inches above the finished floor. Standards § 4.19.2.

d. MEN’S LOCKER ROOM (INCLUDING TOILETS AND SHOWERS)

i. The signage is mounted on the entry door and does not contain the International Symbol of Accessibility. 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 §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The entry 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 §§ 4.1.3(7)(b), 4.13.11(2)(b).

iii. The lockers are inaccessible because none have accessible hardware. Provide at least one locker with mechanical controls, if any, that can be operated with 5 pounds of force 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 §§ 4.1.3(13), 4.27.4.

iv. 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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

v. The lavatories are protruding objects that are not cane-detectable. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards §§ 4.1.2(3), 4.4.

vi. The toilet paper dispenser in the stall for persons with disabilities is more than 36 inches from the rear wall and not under the side grab bar. 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).

e. WOMEN’S LOCKER ROOMS (INCLUDING TOILETS AND SHOWERS)

i. The signage is mounted on the entry 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 §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The entry 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 §§ 4.1.3(7)(b), 4.13.11(2)(b).

iii. The lockers are inaccessible because none have accessible hardware. Provide at least one locker with mechanical controls, if any, that can be operated with 5 pounds of force 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 §§ 4.1.3(13), 4.27.4.

iv. 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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

v. The lavatories are protruding objects that are not cane-detectable. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards §§ 4.1.2(3), 4.4.

vi. The sanitary napkin dispenser is a protruding object that is not cane-detectable. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards §§ 4.1.2(3), 4.4.

vii. The flush control in the toilet stall for persons with disabilities 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), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

2. The City shall complete the following modifications to the FIRE DEPARTMENT STATION #6, located at 43rd & Plum, within 3 months of the effective date of this Agreement:

a. PARKING

i. There are no signs to designate accessible parking. 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 van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

b. COMMON ROOM (adjacent to reception area - used for relaxation and t.v. viewing)

i. The door is inaccessible because the pressure required to open the door is 9 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

c. PUBLIC UNISEX TOILET ROOM

i. There is no accessible signage provided at the toilet room. Provide a toilet room sign with 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. 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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iii. There is no shower seat for persons with disabilities in this transfer shower and there is no way for the shower head to be used as a hand-held unit. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

3. The City shall complete the following modifications to the PUBLIC WORKS BUILDING, located at 1600 South Plum, within 18 months of the effective date of this Agreement:

a. ASSISTIVE LISTENING SYSTEM AND RECEIVERS

i. No assistive listening system is provided for the conference room. The City will make assistive listening systems and devices available through the ADA Coordinator’s Office and will post signage at the conference room and on any reservation forms or literature regarding this conference room to announce their availability. Standards §§ 4.1.3(19)(b), 4.30, 4.33.

b. MEN’S TOILET ROOM NEAR CONFERENCE ROOM

i. No accessible coat hook has been provided in the room. 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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

ii. The toilet room door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

c. WOMEN’S TOILET ROOM NEAR CONFERENCE ROOM

i. No accessible coat hook has been provided in the room. 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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

d. MEN’S LOCKER ROOM

i. No accessible coat rack has been provided in the room. Provide a coat hook or rack 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.

ii. The locker room benches are inaccessible because they are each 12 inches wide and are placed in the middle of the locker room. Provide at least 1 bench that is 24 inches by 48 inches fixed to the wall along the longer dimension and mounted between 17 and 19 inches above the finished floor to the top of the bench. Standards §§ 4.1.3(21), 4.35.

iii. The shelf is inaccessible because it is mounted at 62 inches above the finished floor. Provide a shelf with 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.

iv. The lavatory faucet controls are not accessible to persons with disabilities. 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; knee and toe clearances that comply with Fig. 31; hot water and drain pipes covered or otherwise configured to protect against contact; clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory; and a hand-operated 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 §§ 4.1.3(11), 4.22.6, 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

e. WOMEN’S LOCKER ROOM

i. The locker room benches are inaccessible because they are each 12 inches wide and are placed in the middle of the locker room. Provide at least 1 bench that is 24 inches by 48 inches fixed to the wall along the longer dimension and mounted between 17 and 19 inches above the finished floor to the top of the bench. Standards §§ 4.1.3(21), 4.35.

ii. The lavatory faucet controls are not accessible to persons with disabilities. 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; knee and toe clearances that comply with Fig. 31; hot water and drain pipes covered or otherwise configured to protect against contact; clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory; and a hand-operated 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 §§ 4.1.3(11), 4.22.6, 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

f. EMERGENCY WASH STATIONS

i. The pull controls for the emergency wash stations are too high. Provide emergency wash stations with 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 §§ 4.2.4, 4.2.5, 4.2.6.

4. The City shall complete the following modifications to the HUTCHINSON ZOO VISITORS CENTER, located in Carey Park, within 36 months of the effective date of this Agreement:

a. LOWER LEVEL UNISEX TOILET AND SHOWER ROOM

i. The signage provided is inaccessible because it is located on the door. 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 §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The transfer shower is recessed far back from the clear maneuvering space, keeping a person who uses a wheelchair from getting any closer than within 24 inches of the shower bench and making a side transfer impossible. Additionally, there is no hand-held shower unit. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards § 4.21, Figs. 35, 36, 37.

b. ADDITIONAL TOILET ROOM

i. The employee-only toilet room located between main level offices inside the Visitors Center is not accessible to persons 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 §§ 4.1.3(11), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

(Return to Settlement)






Attachment G to Settlement Agreement between the United States of America
and the City of Hutchinson, Kansas, DJ# 204-29-127


Modifications to Altered Facilities



Please Note: Paragraph 29 of the Agreement requires that within twelve 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.

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.

Altered Facilities: In order to ensure that the following spaces and elements in City facilities, which were altered January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions:

1. The City shall complete the following modifications to the FUN VALLEY SPORTS COMPLEX, located at 4401 West 4th, within 36 months of the effective date of this Agreement:

a. PARKING LOT

i. The parking lot is unmarked and has no designated spaces for persons with disabilities. On the shortest accessible route to the accessible entrance, provide several paved areas for persons with disabilities that contain van accessible spaces and standard spaces 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).

b. ADMINISTRATION BUILDING AND ROUTE (altered element)

i. The accessible route to and through the altered administration building, which contains employee work spaces, a toilet room, and the public ticket sales office, is not clearly marked. Provide appropriate directional signage to indicate the way for persons with disabilities to enter the facility and purchase tickets. The signage should include a sign with the International Symbol of Accessibility at the doorbell.

c. MEN’S TOILET ROOM (CLOVERLEAF AREA) (existing element)

i. The signage provided is inaccessible because it is not mounted on the latch side of the door. 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.

ii. Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

d. WOMEN’S TOILET ROOM (CLOVERLEAF AREA) (existing element)

i. The signage provided is inaccessible because it is not mounted on the latch side of the door. 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.

ii. Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

e. ELEVETTE IN CLOVERLEAF AREA (existing element)

i. The elevette is not independently operable, the car is too small and requires a 90 degree turn within the car to exit, and it has no elements that comply with the Standards. Provide a vertical means of access for persons with disabilities that serves all levels of the facility. Standards §§ 4.3, 4.5, Fig. 7.

f. UMPIRES’ LOUNGE (existing element)

i. The door provides only 27-1/2 inches of clear opening width and it has knob hardware. 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. Unless an automatic door operator is provided, there must be clear and level maneuvering clearances at the pull side and the push side of the door as indicated in Fig. 25. The door’s threshold must be 1/2 inch or less in height and beveled with a slope of no greater than 1:2. If a door closer is provided, it must be set so that the sweep period of the door will, from an open position of 70 degrees, take 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door. The door must not take more than 5 pounds of force to open or close. Standards § 4.13, Fig. 25.

g. DRINKING FOUNTAIN NEAR UMPIRES’ LOUNGE (existing element)

i. The bottom edge of the drinking fountain is only 25 inches above the finished floor; the spout height is 33 inches; the spout is not mounted near the front of the fountain; and there are no provisions for persons who have difficulty bending or stooping. Provide a cup dispenser. Alternatively, 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.

h. MEN’S TOILET ROOM WITH STALLS IN OUTER FIELDS (new element)

i. The signage is on the exterior of the building, but there is no accessible signage on 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 §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The paper towel dispenser is a protruding object that is not cane-detectable. Provide and maintain an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards §§ 4.1.2(3), 4.4.

iii. In the toilet stall for persons with disabilities, the coat hook is not accessible. 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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iv. In the toilet stall for persons with disabilities, the toilet paper dispenser is not accessible. 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).

i. WOMEN’S TOILET ROOM WITH STALLS IN OUTER FIELDS

i. The signage is on the exterior of the building, but there is no accessible signage on 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 §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The paper towel dispenser is a protruding object that is not cane-detectable. Provide and maintain an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards §§ 4.1.2(3), 4.4.

iii. In the toilet stall for persons with disabilities, the coat hook is not accessible. 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), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iv. In the toilet stall for persons with disabilities, the toilet paper dispenser is not accessible. 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).

j. ON DECK SPORTS LOUNGE (some alterations)

i. None of the dining tables are accessible because all of the fixed banquette-style tables are located on 8 inch high risers and all of the non-fixed tables are designed for standing patrons. Ensure that at least 5% of each type of table, counter seat, and booth offered is accessible to persons with disabilities. Standards §§ 4.1.6(1)(b), 5.1.

ii. The fixed picnic tables have no seating for persons who use wheelchairs. Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground. Standards §§ 4.32.3, 4.32.4.

k. SPECTATOR STANDS

i. There is an inadequate number of wheelchair locations; the locations that are provided do not have comparable lines of sight, and there are no companion seats next to them. Provide the required number of 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 of admission prices and lines of sight 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.

(Return to Settlement)






Attachment H to Settlement Agreement between the United States of America
and the City of Hutchinson, Kansas, DJ# 204-29-127


Program Access in Existing Facilities



Please Note: Paragraph 29 of the Agreement requires that within twelve 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.

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.

In order to ensure that each of the City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the following actions:

1. The City shall complete the following modifications to the PARKING - CITY-WIDE – within 18 months of the effective date of this Agreement:

i. Almost all City parking facilities lack access aisles adjacent to the designated accessible parking spaces. Where accessible parking is found, the access aisles are not the correct size. At each standard accessible space, provide an access aisle at least 60 inches wide. At each van accessible space, provide an access aisle at least 96 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.

2. The City shall complete the following modifications to the HUTCHINSON ZOO, located at Carey Park, within 6 months of the effective date of this Agreement:

a. DRINKING FOUNTAIN

i. Although a lower drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. For each lower 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).

b. MEN’S TOILET ROOM (OUTSIDE)

i. This toilet room is not fully accessible to persons with disabilities. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room (indoors). Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

c. WOMEN’S TOILET ROOM (OUTSIDE)

i. This toilet room is not fully accessible to persons with disabilities. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room (indoors). Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

3. The City shall complete the following modifications to the DILLON NATURE CENTER, located at 3002 East 30th, within 18 months of the effective date of this Agreement:

a. PARKING

i. Although 4 of the 60 parking spaces are reserved for persons with disabilities, none of these have access aisles, vertical signs, or are designated as “van-accessible.” On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space and at least 2 standard spaces designated as reserved for people with disabilities. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are 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. At van accessible spaces, 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. VISITORS CENTER ASSEMBLY ROOM

i. No accessible coat rod or shelf has been provided. Provide a coat rod and shelf 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.

ii. The serving counter with the roll down door in the assembly room is a protruding object. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Standards §§ 4.1.2(3), 4.4.

c. MEN’S INTERIOR TOILET ROOM

i. The door to the toilet room is inaccessible because the door opening pressure is 7 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

ii. The signage is inaccessible because it is not mounted on the wall adjacent to the latch side of the door. 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 §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

iii. The toilet room stall for persons with disabilities is inaccessible because the clear floor space is 40 inches by 67 inches; the flush control is on the closed side; the toilet centerline is 19 inches from the side wall; the toilet paper dispenser is not mounted below the side grab bar; and the rear grab bar is only 24 inches long. Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

d. WOMEN’S INTERIOR TOILET ROOM

i. The door to the toilet room is inaccessible because the door opening pressure is 7 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

ii. The signage is inaccessible because it is not mounted on wall adjacent to the latch side of the door. 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 §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

iii. The toilet room stall for persons with disabilities is inaccessible because the clear floor space is 40 inches by 67 inches; the toilet centerline is 19 inches from the side wall; the toilet paper dispenser is not mounted below the side grab bar; and the rear grab bar is only 24 inches long. Provide a “standard” accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

e. MEN’S OUTDOOR TOILET ROOM

i. The signage 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 §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The rear grab bar in the toilet stall for persons with disabilities is too short. 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 §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.

iii. The mirror is inaccessible. 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), 4.22.6, 4.19.6.

iv. The paper towel dispenser is mounted with the controls at 60 inches above the finished floor and requires a forward approach. 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

f. WOMEN’S OUTDOOR TOILET ROOM

i. The signage 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 §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The rear grab bar in the toilet stall for persons with disabilities is too short. 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 §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30.

iii. The mirror is inaccessible. 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), 4.22.6, 4.19.6.

iv. The paper towel dispenser is mounted with the controls at 60 inches above the finished floor and requires a forward approach. 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

4. The City shall complete the following modifications to the MEMORIAL HALL, located at 101 South Walnut, within 24 months of the effective date of this Agreement:

a. PARKING

i. The surface of the parking area is uneven and bumpy. Provide at least one accessible route within the boundary of the site connecting the accessible parking spaces and the entrance ramp 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. RAMP BETWEEN PARKING AND ENTRANCE

i. The ramp from the accessible parking to the entry door does not have a level, firm, or stable landing at the bottom and the handrail affixed to the building side of the ramp requires an extension. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection 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 with 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. Ensure that 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, and that they do not rotate within their fittings. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.

c. ENTRANCE NEAREST ACCESSIBLE PARKING

i. Each leaf of the double-leaf door at the top of the ramp from the accessible parking into the building provides only 31 inches of clear opening width and the automatic door opener operates only 1 door. 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 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. Alternatively, adjust the automatic door opener so that it operates both leaves simultaneously. Standards § 4.13, Figs. 24, 25.

d. ELEVATOR

i. The elevator doors stay open only 10 seconds after reopening. Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person. Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds. Standards §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

ii. On the lower level, there is no level landing at the elevator car doors or call button. Provide a level landing at the elevator car door.

iii. The centerlines of emergency controls are at 29 inches above the floor. Provide emergency controls, including the emergency alarm and emergency stop, that are grouped at the bottom of the panel and that have centerlines no less than 35 inches above the finished floor. Standards § 4.10.12(3).

e. LIFT AT THE STAGE

i. The lift to the stage is not independently usable. Provide a lift that is on an accessible route; has interior dimensions of at least 30 inches by 48 inches; facilitates unassisted entry, operation, and exit; has a floor surface that is firm, stable, and slip-resistant, or, if carpeted, has a carpet with a pile that is no more than 1/2 inch deep; has a change of level at the entrance that is no more than 1/2 inch and beveled. Ensure that the lift has operating controls that are located between 15 and 48 inches above the floor for a front approach or between 9 and 54 inches above the floor for a side approach; that are usable with one hand and do not require tight grasping, pinching, or twisting of the wrist to operate; and that require a force no greater than 5 lbf to operate. Standards § 4.11.

f. LEFT-MOST RAMP ON WALNUT

i. This ramp lacks handrails on both sides of the lower leg, the inside handrail at the lower segment of the ramp is not continuous, the diameter of the gripping surface of the handrail is 2 inches, and there is no edge protection. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; 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 §§ 4.3.8, 4.8.

g. WALNUT AND AVENUE “A”

i. The route from the corner of Walnut and Avenue A to the building has a slope that makes this corner very difficult to traverse. Provide signage at this location directing users to the accessible route and left-most entrance ramp located on Walnut. 28 C.F.R. § 35.163(b).

h. LOBBY/VESTIBULE

i. The ticket counter is too 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), 4.3.

ii. The concession counter protrudes into the main walkway and would not be detectable to a blind person using a cane. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards § 4.4.

i. UNISEX TOILET ROOM - LOBBY LEVEL (note: alterations standards apply)

i. The toilet room sign is located 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 §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The toilet centerline is 19 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, 4.16.2, Fig. 28.

iii. The side grab bar is 37 inches above the finished floor. Provide grab bars that are mounted between 33 and 36 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, Fig. 29.

j. WOMEN’S TOILET ROOM - LOBBY LEVEL

i. This toilet room is not fully accessible to persons with disabilities. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

k. MEN’S TOILET ROOM - LOBBY LEVEL

i. This toilet room is not fully accessible to persons with disabilities. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

l. DRESSING & TOILET ROOM - NORTHWEST

i. The towel dispenser is inaccessible because the controls are mounted at 60 inches above the finished floor. Provide a 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.

ii. The soap dispenser is too high. Provide a soap 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.

iii. The side and rear grab bars at the toilet are 37 inches above the floor. Provide grab bars that are mounted between 33 and 36 inches above the finished floor. Standards § 4.17.6, Fig. 30.

m. DRESSING & TOILET ROOM - SOUTHWEST

i. The towel dispenser is inaccessible because the controls are mounted at 60 inches above the finished floor. Provide a 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.

ii. The soap dispenser is too high. Provide a soap 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.

iii. The side and rear grab bars at the toilet are 37 inches above the floor. Provide grab bars that are mounted between 33 and 36 inches above the finished floor. Standards § 4.17.6, Fig. 30.

5. The City shall complete the following modifications to CITY HALL, located at 125 East Avenue B, within 6 months of the effective date of this Agreement:

a. PARKING LOT – MAIN CUSTOMER ENTRANCE

i. Although the parking lot has a total of 26 parking spaces, only one is designated as reserved for persons with disabilities, its access aisle is only 51 inches wide, there is a built-up curb ramp in the access aisle, the vertical sign is low enough that it can be obstructed by parked vehicles, and the space is not designated as “van-accessible.” On the shortest accessible route to this accessible entrance, provide 1 van accessible space and 1 standard space designated as reserved for people with disabilities. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are 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. At van accessible spaces, 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).

ii. In addition to being in a parking space’s access aisle as noted above, the built-up curb ramp has no edge protection or flared sides. 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.

b. MEN’S & WOMEN’S TOILET ROOMS OFF LOBBY

i. These toilet rooms are not accessible. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

c. UNISEX TOILET ROOM

i. The seat cover dispenser is inaccessible because the controls are mounted at 58 inches above the finished floor and is behind the toilet. Provide a seat cover 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.

6. The City shall complete the following modifications to the SPORTS ARENA, located at East 11th and Cleveland, within 24 months of the effective date of this Agreement:

a. NORTH PARKING LOT (136 total spaces)

i. Although some parking spaces are designated as reserved for persons with disabilities, there are no access aisles. On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 4 standard spaces designated as reserved for people with disabilities. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are 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. At van accessible spaces, 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. SOUTH PARKING LOT (106 total spaces)

i. Although some parking spaces are designated as reserved for persons with disabilities, the are no access aisles and no “van accessible” spaces. On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 4 standard spaces designated as reserved for people with disabilities. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are 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. At van accessible spaces, 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).

c. EAST PARKING LOT (482 total spaces)

i. Although some parking spaces are designated as reserved for persons with disabilities, the are no access aisles and no “van accessible” spaces. On the shortest accessible route to the accessible entrance, provide 2 van accessible spaces and 7 standard spaces designated as reserved for people with disabilities. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are 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. At van accessible spaces, 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).

d. WEST PARKING LOT (473 total spaces)

i. Although some parking spaces are designated as reserved for persons with disabilities, the are no access aisles and no “van accessible” spaces. On the shortest accessible route to the accessible entrance, provide 2 van accessible spaces and 7 standard spaces designated as reserved for people with disabilities. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are 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. At van accessible spaces, 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).

e. WEST ENTRANCE ACCESSIBLE ROUTE

i. The route from West Entrance is inaccessible because the curved structural supports inside the entrance lobby and beyond protrude into the main walkway and would not be detectable to a blind person using a cane. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards § 4.4.

f. DRINKING FOUNTAINS

i. Although lower drinking fountains are provided, there are no fountains accessible to persons who have difficulty bending or stooping. For each lower 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).

g. PRACTICE GYM AND ADJACENT LOCKER/TOILET ROOMS

i. The practice gym and adjacent locker rooms are inaccessible because stairs prevent access to the gym and a ramp to the locker rooms has a slope of 9.5 degrees, making the rooms inaccessible to persons with disabilities. The City will report to the Department how it will provide a program access solution.

h. TOILET ROOMS LOCATED OFF RAMP TO UPPER LEVEL

i. While these toilet rooms contain many accessible features, because they are located on very steep slopes, there is no accessible route to them. Provide accessible directional signage with the International Symbol of Accessibility indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

i. PRESS BOX

i. Stairs are the only route to enter and exit the press box, making it inaccessible to persons with disabilities. The City will report to the Department how it will provide a program access solution.

ii. The underside of the stairs protrudes out into a circulation path and is not cane-detectable. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards § 4.4.

j. AREA OF RESCUE ASSISTANCE ROOM

i. The emergency telephone at the rescue assistance area is mounted with the breakaway glass at 59 inches above the finished floor. Provide an emergency telephone that is mounted with 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 §§ 4.2.4, 4.2.5, 4.2.6.

ii. The emergency telephone box is a protruding object that is not cane-detectable. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards § 4.4.

k. CONDIMENT BAR

i. The condiment bar is too tall to be used by persons who use wheelchairs. Provide a bar with the condiments 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.

l. TROPHY CASES

i. The trophy cases are protruding objects that are not cane-detectable. Provide accessible routes throughout such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards § 4.4.

m. ELEVATOR

i. The informational sign inside the elevator cab regarding the area of rescue assistance is mounted too high. Re-mount the sign at a height of 60 inches.

n. UNISEX TOILET ROOMS ON MAIN LEVEL (4 UNISEX ROOMS)

i. The door pressure for the four unisex toilet room doors are 10, 10, 12, and 11 pounds, respectively. This makes each door inaccessible because the pressure required to open the door is more than 5 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

ii. The rear grab bar at the toilet is inaccessible because the towel dispenser interferes with the use of the rear grab bar. Provide a rear grab bar that has 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. 39.

o. TELEPHONES

i. Although a fully-accessible telephone is provided, there is no directional signage at the inaccessible telephones pointing users to the accessible telephone. Provide accessible, directional signage with the International Symbol of Accessibility at inaccessible telephones directing users to the accessible telephone and provide accessible signage with the International Symbol of Accessibility at all accessible telephones.

7. The City shall complete the following modifications to the AIRPORT ADMINISTRATION BUILDING, located at 1100 Airport Road, within 24 months of the effective date of this Agreement:

a. PARKING

i. Although 4 of the 54 head-in parking spaces are designated as reserved for persons with disabilities, 2 of these are not served by access aisles and none are designated as “van accessible.” On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 2 standard spaces designated as reserved for people with disabilities. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are 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. At van accessible spaces, 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. ROUTE TO AIRFIELD

i. The chain link gate onto the airfield has insufficient maneuvering clearance on the pull/latch side. On the pull side of the gate, 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 gate. Standards § 4.13.6, Fig. 25(a).

c. MEN’S TOILET ROOM

i. The room signage is mounted on the wall to 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 §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The door to the toilet room, which is accessed through a front approach, is inaccessible because it has insufficient maneuvering space on the pull/latch 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). Alternatively, provide an automatic door opener inside the room.

iii. The toilet seat cover dispenser is mounted too high and is above the toilet. Provide a toilet seat cover dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

d. WOMEN’S TOILET ROOM

i. The door to the toilet room, which is accessed through a front approach, is inaccessible because it has insufficient maneuvering space on the pull/latch 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). Alternatively, provide an automatic door opener inside the room.

ii. The toilet 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 §§ 4.16.5, 4.27.4.

iii. The toilet seat cover dispenser is mounted too high and is above the toilet. Provide a toilet seat cover dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iv. 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.

(Return to Agreement)






Attachment I to Settlement Agreement between the United States of America
and the City of Hutchinson, Kansas, DJ# 204-29-127


Access to Programs Housed in Facilities Owned by Others



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.

Access to Programs Housed in Facilities Owned by Others: In order to ensure that the City’s programs, services, and activities that are the subject of this Agreement and that are operated by the City at facilities owned or controlled by other entities, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the City will take the following actions:

1. Within 3 months of the effective date of this Agreement, the City will implement a program to provide access to persons with disabilities to the following program at the LAW ENFORCEMENT CENTER:

a. Although inmates are able to make telephone calls, there is no TTY available for their use.

2. Within 3 months of the effective date of this Agreement, the City will request in writing that the owner of the facility complete the following modifications to the LAW ENFORCEMENT CENTER, sending a courtesy copy of the request to the Department. Until these barriers have been addressed, the City will provide program access through other means, and will report to the Department is plans for doing so:

a. PARKING

i. There is no access aisle serving the two parking spaces designated as reserved for persons with disabilities. At each standard accessible space, provide an access aisle at least 60 inches wide. At each van accessible space, provide an access aisles at least 96 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.

ii. The van accessible parking reserved for persons with disabilities lacks the appropriate signage. At van accessible spaces, provide a “Van-Accessible” sign located below the International Symbol of Accessibility such that the sign cannot be obstructed by vehicles parked in the space. Standards §§ 4.6.4, 4.30.7(1).

b. ENTRANCE

i. The wall-mounted light fixtures at the entrance are protruding objects that are not cane-detectable. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards § 4.4.

ii. The entrance is not accessible for blind people after five p.m. because of the lack of signage directing users to the call button entrance buzzer. 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. Also provide a program access solution for persons who are deaf, hard of hearing, or cannot speak and cannot use the intercom.

iii. The telephone in the front lobby of the Law Enforcement Center is inaccessible because it is too high and there is a chair directly in front. 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.

iv. The route from the lobby entrance to the two service counters in the lobby is inaccessible because these counters protrude into the main walkway and would not be detectable to a blind person using a cane. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards § 4.4.

c. CELL FOR PERSONS WITH DISABILITIES

i. The cell’s door provides only 26 1/2 inches of clear opening width and the lavatory and toilet are not accessible to persons with disabilities. Provide a cell on an accessible route with all elements (door, toilet, lavatory, etc.) complying with the Standards.

d. CITY COURT

i. The route to the witness box is inaccessible because of a six inch raised dais. Provide a means of vertical access to this area, unless doing so would interfere with an emergency egress route within the courtroom. Standards §§ 4.33.5, 4.3.8, 4.8, 4.11.

ii. There is no wheelchair seating area in the courtroom. Provide several 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 of lines of sight 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.

iii. The courtroom is inaccessible to people with hearing impairments because there is no assistive listening system. Provide a permanently installed assistive listening system (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 receiver for use by the general public and signage indicating their availability. Standards §§ 4.30, 4.33.

iv. 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.

v. The interview room 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.

e. WOMEN’S TOILET ROOM (In City Court)

i. There is insufficient maneuvering clearance on the latch/pull side of the door. 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).

ii. The door opens 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.

iii. 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.

iv. The lavatory is inaccessible because the hardware requires twisting of the wrist. 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.

v. The lavatory hot water and drain 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.

vi. The toilet seat cover dispenser is too high. Provide a toilet seat cover dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

vii. There is insufficient clear floor space at the toilet. Provide clear floor space at the toilet that complies with Fig. 28. Standards § 4.16.2, Fig. 28.

viii. There is no rear grab bar and the side grab bar is improperly configured. 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, and a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Ensure that the grab bars are 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 bars and the wall; and at least 1 1/2 inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.

ix. The toilet paper dispenser is mounted on the incorrect wall. 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).

f. MEN’S TOILET ROOM (In City Court)

i. There is insufficient maneuvering clearance on the latch/pull side of the door. 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).

ii. The door opens 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.

iii. 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.

iv. The lavatory is inaccessible because the hardware requires twisting of the wrist. 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.

v. The lavatory hot water and drain 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.

vi. The toilet seat cover dispenser is too high. Provide a toilet seat cover dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

vii. There is insufficient clear floor space at the toilet. Provide clear floor space at the toilet that complies with Fig. 28. Standards § 4.16.2, Fig. 28.

viii. There is no rear grab bar and the side grab bar is improperly configured. 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, and a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Ensure that the grab bars are 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 bars and the wall; and at least 1 1/2 inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 29.

ix. The toilet paper dispenser is mounted on the incorrect wall. 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).

(Return to Agreement)







June 13, 2005