SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA

AND INTELLITEC COLLEGES UNDER TITLE III

OF THE AMERICANS WITH DISABILITIES ACT, DJ# 202-13-207

 

Department of Justice Press Release

 

    A. DEFINITIONS AND BACKGROUND

  1. This matter is based upon a compliance review of physical accessibility for individuals with disabilities at the campuses of IntelliTec Colleges ("IntelliTec") under title III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181 - 12189 (the "ADA"), and the Department of Justice's implementing regulation, 28 C.F.R. Part 36, including the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A (the "ADA Standards").
  2. Title III of the ADA requires, among other things, that IntelliTec remove barriers to access in existing facilities where it is readily achievable to do so, and that it construct or alter any buildings or facilities in such a manner that those buildings or facilities meet the requirements of title III of the ADA, including the Standards. In addition, title III of the ADA requires that IntelliTec ensure that no individual with a disability is discriminated against on the basis of a disability in the full and equal enjoyment of the IntelliTec's services and facilities. 42 U.S.C. §§ 12182-12183, 28 C.F.R. Part 36.
  3. The United States' compliance review identified various aspects of IntelliTec's campuses that the United States alleges are not in compliance with the ADA and the regulation, including the provisions referenced in paragraph 2 above. IntelliTec leases the buildings that house its colleges; there are one or two buildings at each campus with an adjacent parking lot.
  4. The parties recognize that under the ADA both the landlord who owns a building that houses a place of public accommodation and the tenant who owns or operates the place of public accommodation are public accommodations subject to the requirements of title III of the ADA. As between the parties, allocation of responsibility for complying with the obligations of this part may be determined by lease or other contract. 28 C.F.R. § 36.201 (b).
  5. Examples of alleged violations at IntelliTec's campuses identified by the United States in its compliance review include, but are not limited to, inaccessible doors (too narrow); inaccessible (round) door knobs; inadequate wheelchair maneuvering space at doors; inaccessible (high) door thresholds; room identification signs not accessible to people with vision impairments; narrow (less than 36" wide) routes within buildings; abrupt level changes along required routes; inaccessible cross slopes; inaccessible ramps and handrails; inaccessible toilet rooms; toilet seats that are too high; toilets not centered at 18" from the side wall; inadequate knee height at lavatory aprons; inadequate turning space in toilet rooms; drinking fountains with the spout too high; and protruding objects along circulation routes.
  6. The parties to this Settlement Agreement are the United States and IntelliTec Colleges. In order to avoid the burden and expense of further investigation and possible litigation, the parties enter into this Agreement.

    7. B. JURISDICTION

  7. IntelliTec Colleges operates places of education in Colorado Springs, Pueblo, and Grand Junction, Colorado, that are places of public accommodation covered by title III of the ADA. 42 U.S.C. § 12181(7)(J).
  8. The ADA requires that the Department of Justice conduct periodic compliance reviews of public accommodations. 42 U.S.C. § 12188(b)(1)(A). The Department of Justice is also authorized to commence a civil action in a United States district court if it is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties. 42 U.S.C. §§ 12188(a)(2) and 12188(b).

    In consideration of the terms of this Agreement and the College's promises contained in Section C of this Agreement, the Department of Justice agrees to refrain from undertaking further investigation into, or from filing a civil suit in this matter at this time, except as provided in Section D below.

    9. C. REMEDIAL ACTION

    Accessibility Modifications

  9. There are barriers to access at the buildings and sites leased by IntelliTec. In order to ensure full access to services for individuals with disabilities at these facilities, IntelliTec will complete the modifications listed in Attachment A and in Paragraph 10 below within 12 months of the effective date of this Agreement.
  10. In lieu of removing the existing barriers to access found in all the toilet rooms in all the buildings at the Grand Junction and Pikes Peak Technical campuses, IntelliTec will construct unisex toilet rooms in the Grand Junction Main Building, the Grand Junction Lab Building, the Grand Junction Automotive Building, and the Pikes Peak Technical Building. Each of these unisex toilet rooms will fully comply with the ADA Standards. Appropriate signage indicating the location of the nearest accessible toilet(s) shall be posted at all of the inaccessible toilet rooms at the Grand Junction campus, as required by ADA Standards § 4.1.6 (3)(e)(iii).
  11. Within 10 days of the effective date of this Agreement, IntelliTec will share a copy of the Agreement with each of its landlords for comment within 10 days of the landlord's receipt. Where IntelliTec does not have control over areas outside the exterior envelope of any building by lease agreement or other contractual obligation, IntelliTec shall notify the landlord or other responsible party in writing of the violations of the ADA that exist. The United States shall be copied on, and contemporaneously sent a copy of these notification letters. If any landlord refuses to allow IntelliTec to make a required accessibility improvement in its building or on its site:
    1. IntelliTec will make a written request, within 30 days of the effective date of this Agreement, that the landlord complete the disputed accessibility improvement within the time frame set forth in this Agreement, and attempt to persuade the landlord to do so. The United States will be copied on the letters to the landlords.
    2. If necessary, IntelliTec will provide a written notice to the United States within 120 days of the effective date of this Agreement that describes:
      1. Any instance where a landlord has refused to allow any required accessibility improvement. That notice should include all relevant information, including the landlord's contact information and the stated position;
      2. An explanation why IntelliTec was unable to resolve the issue itself.
  12. After receiving a written notice pursuant to subparagraph 11(b)(ii) of this Agreement, if the United States is of the view that IntelliTec is legally responsible for making any accessibility modification that it has failed to complete, the United States will notify IntelliTec of its position and, pursuant to paragraph 21, the parties will attempt to negotiate a resolution.

    13. Continuing Compliance

  13. IntelliTec will modify policies, practices, and procedures, as necessary, to afford access to services and facilities to individuals with disabilities, 42 U.S.C. §§ 12182(a) and 12182(b)(2)(A)(ii).
  14. IntelliTec will ensure that no individual with a disability is discriminated against on the basis of disability in the full and equal enjoyment of IntelliTec's services and facilities. 42 U.S.C. §§ 12182 - 12183; and 28 C.F.R. Pt. 36 and App. A.
  15. IntelliTec will ensure that the design and construction of any new facilities complies with the ADA. 42 U.S.C. § 12183(a)(1), 28 C.F.R. § 36.401.
  16. IntelliTec has informed the United States that its Pikes Peak campus has been expanded. IntelliTec will provide the United States with final as-built plans for it within 60 days of the effective date of this Agreement. The United States will have 90 days from its receipt of complete final as-built drawings (and any additional requested information) to review those plans and either approve or disapprove the plans. If the United States does not respond within 90 days, the submitted plans are deemed approved. IntelliTec agrees to provide all relevant information requested by the United States to determine whether the submitted plans comply with the ADA Standards. IntelliTec will correct all elements of the facility identified by the United States as noncompliant with the ADA Standards within 90 days of receipt of written notice from the United States. If IntelliTec and the United States do not agree on which elements are noncompliant, then the dispute resolution mechanism of paragraph 21 will be followed.
  17. IntelliTec will ensure that any alterations to an existing facility are, to the maximum extent feasible, readily accessible to, and usable by, individuals with disabilities. 42 U.S.C. § 12183(a)(2), 28 C.F.R. §§ 36.402 - 36.405.
  18. IntelliTec will ensure full access to services for individuals with disabilities and remove barriers to access throughout its campuses where such removal is "readily achievable." 42 U.S.C. §§ 12182(b)(2)(A)(ii) and (iv), 28 C.F.R. § 36.304.

    19. D. ENFORCEMENT AND REPORTING

  19. At any time during the effective dates of this Agreement, the United States reserves the right to inspect IntelliTec's campuses, to request access to records, and to request documentation of compliance with this Agreement upon reasonable notice to IntelliTec.
  20. Within 15 months of the effective date of this Agreement, IntelliTec will provide the United States with a detailed written report, including digital photographs, demonstrating that the modifications required by paragraphs 9 and 10, above, have been completed in compliance with the ADA Standards.
  21. If, based on the reports provided by IntelliTec pursuant to this Agreement, or other information, the United States finds that IntelliTec has failed to comply with the Agreement, the United States agrees to notify IntelliTec in writing of the alleged noncompliance and attempt to seek a resolution of the matter with IntelliTec. If the parties are unable to reach a resolution within 30 days of the date of the United States' written notification, the United States may seek enforcement of the terms of this Agreement in the United States District Court for the District of Colorado. Alternatively, should the parties be unable to reach a resolution within 30 days of the date of the United States' written notification, the United States may bring an action to enforce compliance with the ADA and its implementing regulation.
  22. Nothing in this Agreement waives the right of the United States to bring a civil action to enforce this Agreement or any provision thereof.
  23. This Agreement constitutes the entire agreement between the parties relating to the Department's title III compliance review of IntelliTec Colleges, DJ # 202-13-207, and no other statement, promise, or agreement, either written or oral, made by any party or agents or any party that is not contained in this written Agreement, including its attachments, will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect IntelliTec's continuing responsibility to comply with all aspects of the ADA.
  24. Failure by the United States to enforce this entire Agreement, or any provision thereof with regard to any deadline or any other provision herein, will not be construed as a waiver of the United States' right to enforce other deadlines and provisions of this Agreement.
  25. If any term of this Settlement Agreement is determined by any court to be unenforceable, the other terms of this Agreement will nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the Department of Justice and IntelliTec will engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.
  26. This Agreement will be binding on IntelliTec, its agents, its employees, and any successors or assigns. In the event that IntelliTec seeks to transfer or assign any facility owned by it as of the date of this Agreement, and the successor or assign intends to continue the same or similar use of the facility, as a condition of sale, IntelliTec will obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
  27. This Agreement is effective as of the date of the last signature below and for three years from that date.

FOR INTELLITEC COLLEGES: FOR THE UNITED STATES OF AMERICA:


____________________
MICHAEL V. SCHRANZ
Executive Vice President
IntelliTec Colleges

THOMAS E. PEREZ
Assistant Attorney General

 

By:____________________________
JOHN L. WODATCH, Chief
PHILIP L. BREEN, Special Legal Counsel
ROBERTA KIRKENDALL, Acting Deputy Chief
PHYLLIS M. COHEN, Sr. Trial Attorney
Disability Rights Section
U.S. Department of Justice
Washington, DC 20035
(202) 307-0663 Phone
(202) 305-9775 Fax

 
Date__________________ Date             12/15/2009             

 


I. Pikes Peak Technical Building
2315 East Pikes Peak Avenue
Colorado Springs, Colorado

    A. Campus Exterior Circulation

  1. There is no accessible route within the boundary of the site from the public transportation at the campus property line along Pikes Peak Avenue to the main entrance of the building. ADA Standards § 4.3.2
  2. The sidewalk at the north side of the building, parallel to Pikes Peak Avenue, has cross slopes of 2.8%, 2.4%, 2.5%, and 2.6%, from the light standard at the east driveway to the west driveway which exceed the maximum allowable 2.0% cross slope. ADA Standards § 4.3.7
  3. The maneuvering clearance at the main east entrance doors has a running slope of 2.7%, beyond the maximum allowable 2.0% slope. ADA Standards § 4.13.6 & Fig. 25
  4. There are three designated accessible parking spaces east of the main entrance. The designated accessible parking space and access aisle to the left (north) have cross slopes of 2.6% and 2.4%, respectively, that exceed the maximum allowable 2.0% cross slope. ADA Standards § 4.6.3
  5. There are two designated accessible parking spaces in the south rear parking lot. The designated accessible parking space to the left (east) has a 2.6% running slope, the designated accessible parking space to the right (west) has a 2.5% running slope, and the access aisle has a 3.4% running slope, each of which exceeds the maximum allowable 2.0% running slope. ADA Standards § 4.6.3
  6. There is an outdoor table and sitting area at the southeast corner of the building which has an abrupt level change of 1 3/4" at the east and an abrupt level change of 2 ½" at the south, each of which exceeds the maximum change in level of 1/4" and 1/4" to ½" beveled with a slope no greater than 1:2. ADA Standards § 4.5.2
  7. The main east entrance and the rear south entrance lead to hazardous vehicular passage ways; there are no detectable warnings marking the boundary between the pedestrian and vehicular areas. ADA Standards § 4.29.5

    8. B. Building Interior

  8. The main east entrance has double doors at the interior side of the vestibule which have a pushing force of 10.0 pounds, beyond the maximum 5.0 pounds opening force. ADA Standards § 4.13.11
  9. The south, rear entrance door has an abrupt level change at the exterior threshold of 7/8", beyond the maximum change in level of 1/4", and 1/4" to ½" beveled with a slope no greater than 1:2. ADA Standards § 4.5.2
  10. The receptionist's service counter in the lobby is 43" high and there is no apparent alternative for serving persons in wheelchairs. ADA Standards § 7.2(2).
  11. The following 38 interior door locations have knob hardware that is not easy to grasp with one hand and requires tight grasping, tight pinching, or twisting of the wrist to operate. ADA Standards § 4.13.9,
    12. Office of Director
    Office of Director of Education
    Office of Dean of Students
    Office of Financial Aid
    Offices (4 doors) of Admissions
    Drafting Classrooms (2 doors)
    General Education Classroom (South side of building)
    Automobile Electronics
    Heating, Ventilation, and Air Conditioning (HVAC) Suite of Classrooms and Labs (14 doors)
    Corridor door to west building exit.
    IT Classroom Suite (3 doors)
    Library
    Placement Office
    Corridor to HVAC Computer Classroom & HVAC Computer Classroom
    General Education Classroom (North side of building)
    Two General Offices adjacent to Admissions offices (3 doors)
    Women's Toilet room
    Men's Toilet room (2 doors)
    Office at Foyer of the rear (south) building entrance.
  1. The drinking fountain in the corridor adjacent to the vending machines does not have a minimum clear floor space of 30" x 48" to allow a forward approach to the unit. ADA Standards § 4.15.5 (1)
  2. The drinking fountain in the HVAC suite has a spout that is 42" above the floor and does not provide for a knee space clearance of at least 27" from the floor to the bottom of the apron, a 17" to 19" depth, nor a minimum clear floor space of 30" x 48" to allow a forward approach to the unit. ADA Standards § 4.15
  3. The fire extinguisher protrudes 5 ½" into the east corridor with its leading edge 52" above the floor, beyond the maximum allowable 4" projection into circulation paths. ADA Standards § 4.4.1

    II. Pikes Peak Automotive Building
    2206 East Pikes Peak Avenue
    Colorado Springs, Colorado

    A. Campus Exterior Circulation

  1. There is no accessible route within the boundary of the site from the public transportation at the campus property line along Pikes Peak Avenue to the main entrance of the Automotive Building. ADA Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3.2
  2. There are four designated accessible parking spaces adjacent to the south side of the building. The east parking space has a cross slope of 6.3% and the access aisle west of it has a cross slope of 4.2%, each of which exceeds the required maximum 2.0% allowable cross slope. ADA Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.3
  3. The three access aisles between the parking spaces each has a width of 36", less than the required minimum 60" aisle width for a parking space and the required 96" width for a van accessible space. ADA Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6.3
  4. The east end of the sidewalk at the front of the building has a ramp with slopes of 11.0% and 11.1%, beyond the maximum allowable 8.3% slope for a ramp on an accessible route. ADA Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3.7, 4.8.2
  5. The ramp at the east end of the sidewalk lacks handrails on both sides of the ramp segments that have 12" extensions at the top and bottom and that are mounted between 34"-38" above the ramp surface. ADA Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3.8, 4.8.5
  6. The west end of the sidewalk at the front of the building has a running slope of 7.6%, beyond the maximum allowable 5.0% running slope on an accessible route. ADA Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.3.7
  7. There is no directional signage on the site indicating the route to the nearest accessible building entrance. ADA Standards §§ 4.1.2(7)(c), 4.1.6(1)(b), 4.30.7
  8. The main, south entrance and the rear, north entrance lead to hazardous vehicular passage ways; there are no detectable warnings marking the boundary between the pedestrian and vehicular areas. ADA Standards §§ 4.1.2(1), 4.1.6(1)(b), 4.29.5

    9. B. Future Site Plans

  9. Intellitec has provided DOJ with site plans, by NES Urban Design, Land Planning, & Landscape Architecture (dated 4-04-07), for future expansion of the Automotive Building.
  10. These plans show that an accessible route is planned from the public sidewalk and transportation stop on Pikes Peak Avenue to the sidewalk adjacent to the south side of the building, to include curb ramps at changes in level. The plans are insufficiently detailed to determine compliance with the ADA Standards § 4.3, however.
  11. The section of the overall parking lot that is located between the automotive building and the public street, Pikes Peak Avenue, shows a total of 74 parking spaces, two of which are designated accessible parking spaces that share one access aisle. ADA Standards 4.1.2 (5) requires parking lots with 51-75 parking spaces to provide three designated accessible parking spaces, one of which is required to be "van accessible." Therefore, it will be necessary to provide an additional van-accessible parking space and an additional access aisle to meet the requirements of ADA Standards §§ 4.1.2 (5)(b), 4.1.6(1)(b)

    12. C. Building Interior

  12. The main, south entrance (west end) has double doors at the interior side of the vestibule that have a pushing force of 25.0 pounds, beyond the maximum allowable 5.0 pounds opening force. ADA Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.11
  13. The main, south entrance doors (west end) have an abrupt level change at the interior threshold of ½", beyond the maximum change in level of 1/4", and 1/4" to ½" beveled with a slope no greater than 1:2. ADA Standards §§ 4.1.3(3), 4.1.6(1)(b), 4.5.2
  14. The north entrance door (east end) to the classroom/shop has an abrupt level change at the exterior threshold of ½ ", beyond the maximum change in level of 1/4", and 1/4" to ½" beveled with a slope no greater than 1:2. ADA Standards §§ 4.1.3(3), 4.1.6(1)(b), 4.5.2
  15. The receptionist's service counter in the lobby is 42" high and there is no apparent alternative for serving persons in wheelchairs. ADA Standards §§ 4.1.6(1)(b), 7.2(2).
  16. The counter of the break room sink is 36" above the floor, beyond the maximum allowable 34" sink height. ADA Standards §§ 4.1.6(1)(b), 4.24.2
  17. The break room sink is mounted in a fixed cabinet so that it lacks the required knee clearance for a forward approach. ADA Standards §§ 4.1.6(1)(b), 4.24.5
  18. The hot water and drain pipes on the break room sink are not insulated or otherwise configured to protect against contact. ADA Standards §§ 4.1.6(1)(b), 4.24.6
  19. The paper towel dispenser in the break room is mounted on the wall behind the sink 55" above the floor, beyond the maximum allowable 44" height for a forward approach over an obstruction. ADA Standards §§ 4.1.6(1)(b), 4.27.3
  20. The break room door on the pull, latch side has a maneuvering clearance of 13", which is less than the required minimum 18" maneuvering clearance. ADA Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6 & Fig. 25
  21. The sink in the classroom/shop has hot water and drain pipes that are not insulated or otherwise configured so as to protect against contact. ADA Standards §§ 4.1.6(1)(b), 4.24.6
  22. The soap dispenser in the classroom/shop is mounted immediately adjacent to the sink 56" above the floor, beyond the maximum allowable 54" for a parallel approach, and lacks the required 30" x 48" clear floor space for a parallel approach. ADA Standards §§ 4.1.6(1)(b), 4.27.2, 4.27.3
  23. The paper towel dispenser in the classroom/shop that is mounted over the sink at 53" above the floor lacks the required 30" x 48" clear floor space for a parallel approach. ADA Standards §§ 4.1.6(1)(b), 4.27.2
  24. In the classroom/shop, the fire extinguisher protrudes 5 ½" with its leading edge 29" above the floor, beyond the maximum allowable 4" projection into circulation paths. ADA Standards §§ 4.1.3(2), 4.1.6(1)(b), 4.4.1
  25. In the automotive bay, the door to the west side corridor has a pull force of 20.0 pounds, beyond the maximum allowable 5.0 pounds opening force. ADA Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11
  26. In the automotive bay, the door to the east side corridor, north end, has a push force of 27.0 pounds, and the door to the east side corridor, south end, has a push force of 20.0 pounds, each of beyond the maximum allowable 5.0 pounds opening force. ADA Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11
  27. In the west corridor across from the restrooms, the fire extinguisher protrudes 5 ½" with its leading edge 29" above the floor, beyond the maximum allowable 4" projection into circulation paths. ADA Standards §§ 4.1.3(2), 4.1.6(1)(b), 4.4.1

    i. Men's Toilet Room

  1. The toilet flush valve control in the accessible stall is mounted on the "closed" side of the toilet, rather than the "wide" side of the toilet's clear floor space. ADA Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.2, 4.16.5
  2. The seat cover dispenser in the accessible stall is mounted 60" above the floor on the back wall, behind the toilet, out of the reach range of wheelchair users. ADA Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.7, 4.27.3
  3. The toilet paper dispenser in the accessible stall is mounted 40" from the back wall, beyond the maximum allowable 36" distance. ADA Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 17.3 & Fig. 30.
  4. The coat hook in the accessible stall is 67" above the floor, beyond the maximum reach ranges for a wheelchair user. ADA Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3

    5. ii. Women's Toilet Room

  5. The seat cover dispenser in the accessible stall is mounted 51" above the floor on the back wall, behind the toilet, out of the reach range of wheelchair users. ADA Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.7, 4.27.3
  6. The toilet paper dispenser in the accessible stall is mounted 38 ½" from the back wall, beyond the maximum allowable 36" distance. ADA Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 17.3 & Fig. 30.
  7. The coat hook in the accessible stall is 68" above the floor, beyond the maximum reach ranges for a wheelchair user. ADA Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3.
  8. The sanitary napkin disposal unit in the accessible stall is mounted above the side grab bar, impeding the usability of the bar. ADA Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.26.2 & Fig. 39(d).

    III. Pueblo Main Building
    3673 Parker Drive
    Pueblo, Colorado

    A.Campus Exterior Circulation

  1. There is no accessible route within the boundary of the site from the public transportation at Parker Drive to the main, west side building entrance. ADA Standards §§ 4.1.2(1), 4.3.2.
  2. The maneuvering space at the second level entrance doors has a running slope of 2.4%, beyond the required maximum 2.0% allowable slope. ADA Standards §§ 4.1.3(7)(a), 4.13.6 & Fig. 25.
  3. The curb ramp at the end of the designated accessible parking access aisles has slopes of 11.3% and 11.2%, which exceed the maximum allowable 8.3% slope. ADA Standards §§ 4.1.2(1), 4.3.7, 4.7.2.
  4. The designated accessible parking access aisle centered on the building entrance has a running slope of 4.2%, beyond the maximum allowable 2.0% running slope. ADA Standards §§ 4.1.2(5)(a), 4.6.3.
  5. The designated accessible parking space to the right facing the building entrance has a running slope of 3.8%, beyond the maximum allowable 2.0% running slope. ADA Standards §§ 4.1.2(5)(a), 4.6.3.
  6. The access aisle for the designated accessible parking space to the right facing the building entrance has a running slope of 4.2%, beyond the maximum allowable 2.0% running slope. ADA Standards §§ 4.1.2(5)(a), 4.6.3.

    7. B. Building Interior

  7. The main, west side building entrance has double doors at the interior vestibule that have a pushing force of 20 pounds, beyond the maximum allowable 5.0 pounds opening force. ADA Standards §§ 4.1.3(7)(b), 4.13.11.
  8. The exterior entrance door from the massage clinic suite has an abrupt level change at the exterior side of the threshold of 3/4", beyond the maximum change in level of 1/4", and 1/4" to ½" beveled with a slope no greater than 1:2. ADA Standards §§ 4.1.3(7)(b), 4.5.2.
  9. The receptionist's service counter in the lobby is 42" high. Equivalent facilitation shall be provided to individuals with disabilities by use of the space on the side of the counter or other means of equivalent facilitation. ADA Standards §§ 4.1.1(2), 7.2(2).
  10. The door from the lobby to the east corridor has a push force of 20.0 pounds, beyond the maximum allowable 5.0 pounds opening force. ADA Standards §§ 4.1.3(7)(b), 4.13.11.
  11. In classroom #113, the two sinks are mounted in fixed cabinet with a counter that is 36" above the floor (beyond the 34" maximum) and hot water and drain pipes that are not insulated or otherwise configured to protect against contact, and thus are unusable by persons who use wheelchairs. ADA Standards §§ 4.24.2, 4.24.3, 4.24.6.
  12. The library computers are mounted in a cabinet that has a 25" high knee clearance, less than the required minimum 27" needed for a forward approach. ADA Standards §§ 4.1.1(2), 8.2, 4.32.3.
  13. In biohazard room #121, the two sinks are mounted in a fixed cabinet with a counter that is 36" above the floor (beyond the 34" maximum) and hot water and drain pipes that are not insulated or otherwise configured to protect against contact, and thus are unusable by persons who use wheelchairs. ADA Standards §§ 4.24.2, 4.24.3, 4.24.6.
  14. In the biohazard room #121, the paper towel dispenser is 50" above the floor and lacks the requisite 30" x 48" clear floor space to permit a parallel approach. ADA Standards §§ 4.27.2.
  15. The classroom #120 door on the pull, latch side has a maneuvering clearance of 17", less than the required minimum 18" maneuvering clearance. ADA Standards §§ 4.1.3(7)(b), 4.13.6 & Fig. 25.
  16. In classroom #117, the two sinks are mounted in a fixed cabinet with a counter that is 36" above the floor (beyond the 34" maximum) and hot water and drain pipes that are not insulated or otherwise configured to protect against contact, and thus are unusable by persons who use wheelchairs. ADA Standards §§ 4.24.2, 4.24.3, 4.24.6.
  17. In classroom #117, the disposal container is 55" above the floor, beyond the maximum reach ranges for a wheelchair user. ADA Standards § 4.27.3.
  18. The door from the east corridor to the toilet room and drinking fountain lobby area has a pull force of 25.0 pounds, beyond the maximum allowable 5.0 pounds opening force. ADA Standards §§ 4.1.3(7)(b), 4.13.11.
  19. The door from the toilet room and drinking fountain lobby area to the student lounge and massage clinic corridor has a pull, latch side maneuvering clearance of 9", less than the required minimum 18" maneuvering clearance. ADA Standards §§ 4.1.3(7)(b), 4.13.6 & Fig. 25 & Fig. 25.
  20. The classroom #139 door to the corridor has a pull, latch side maneuvering clearance of 13", less than the required minimum 18" maneuvering clearance. ADA Standards §§ 4.1.3(7)(b), 4.13.6 & Fig. 25 & Fig. 25.
  21. The drinking fountain in the toilet room lobby area has a knee clearance 26 ½" high, less than the required minimum 27" high knee clearance. ADA Standards §§ 4.1.3(10), 4.15.5(1).
  22. The door leading from the corridor to the massage clinic has a pull, latch side maneuvering clearance of 6", less than the required minimum 18"maneuvering clearance. ADA Standards §§ 4.1.3(7)(b), 4.13.6 & Fig. 25.
  23. The receptionist's service counter in the massage clinic is 42" high and there is no apparent alternative for serving persons in wheelchairs. ADA Standards §§ 4.1.1(2), 7.2(2).
  24. The faculty lounge door to the corridor has a push, latch side maneuvering clearance of 7", less than the required minimum 12" maneuvering clearance for a door with a closer and latch. ADA Standards §§ 4.1.3(7)(b), 4.13.6 & Fig. 25.
  25. The faculty lounge door to the corridor has a push force of 25.0 pounds, greater than the maximum allowable 5.0 pounds opening force. ADA Standards §§ 4.1.3(7)(b), 4.13.11.

    26. i. Men's Toilet Room

  26. The signage for the room is attached to the face of the door instead of 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 it lacks the International Symbol of Accessibility and raised and Braille characters. ADA Standards §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.
  27. The flush control of the wall hung urinal is mounted 46" above the floor, beyond the maximum allowable 44" height. ADA Standards §§ 4.1.3(11), 4.22.5, 4.18.4.
  28. The coat hook in the accessible stall is 67" above the floor, beyond the maximum reach ranges for a wheelchair user. ADA Standards §§ 4.1.3(12), 4.25.3.

    ii. Women's Toilet Room

  1. The toilet centerline in the accessible stall is 19 ½" from the side wall, rather than the required 18". ADA Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30.
  2. The clothing hook in the accessible stall is 67" above the floor, beyond the maximum reach ranges for a wheelchair user. ADA Standards §§ 4.1.3(12), 4.25.3.
  3. The toilet seat cover dispenser is mounted on the side wall of the accessible stall and lacks the requisite clear floor space. ADA Standards §§ 4.1.3(11), 4.22.7, 4.27.3.

    4. IV. Grand Junction Main Building
    772 Horizon Drive
    Grand Junction, Colorado

    A. Campus Exterior Circulation

  4. There is no accessible route within the boundary of the site from the public transportation at the campus property line along Horizon Drive to the entrance of the building. ADA Standards § 4.3.2.
  5. There is no directional signage on the site indicating the route to the nearest accessible entrance. ADA Standards § 4.1.2(7)(c).
  6. The south side sidewalk in front of the entry doors has a cross slope of 2.6%, beyond the maximum allowable 2.0% cross slope. ADA Standards § 4.3.7.
  7. There are two designated accessible parking spaces on the south side of the building. The parking space on the left (west) has a running slope of 3.7% and the "van accessible" space to the right (east) has a running slope of 3.6%, each of which is beyond the maximum allowable 2.0% running slope. ADA Standards § 4.6.3.
  8. The access aisle between the parking spaces on the south side of the building has a 5.1% running slope at the sidewalk, beyond the maximum allowable 2.0%, and the aisle is blocked by a fire hydrant and two bollards. ADA Standards § 4.6.3.
  9. The "van accessible" parking space at the north corner of the building has a cross slope of 4.1%, beyond the maximum allowable 2.0% cross slope. ADA Standards § 4.6.3.
  10. There is no minimum 36" wide accessible route from the access aisle in the northeast corner of the building to the sidewalk leading to the accessible building entrance. ADA Standards § 4.3.3.
  11. The sidewalk leading from the designated accessible parking spaces in the northeast corner of the building to the accessible entrance has a cross slope of 5.2%, which is greater than the maximum allowable 2.0% cross slope. Intellitec will relocate the accessible parking to the front of the building, and insure that there is a compliant accessible route from the parking spaces to the accessible entrance. ADA Standards §§ 4.3.7, 4.6.
  12. The sidewalk on the east side of the building leading to the accessible entrance has a drainage swale with a running slope of 7.8%, beyond the maximum allowable 5.0% running slope. ADA Standards § 4.3.7.
  13. The sidewalks on the north, south, and east sides of the building are not accessible because overhanging parked vehicles reduce their clear width to less than the required 36" minimum clear width. ADA Standards § 4.3.3.
  14. The outdoor table and sitting area at the southwest corner of the building is situated in gravel and is not stable and firm. ADA Standards § 4.5.1.
  15. The main, south entrance and the side, east entrance lead to hazardous vehicular passage ways; there are no detectable warnings marking the boundary between the pedestrian and vehicular areas. ADA Standards § 4.29.5.

    16. B. Building Interior

  16. The south entrance has double doors at the interior vestibule that have a pushing force of 15.0 pounds, beyond the maximum 5.0 pounds opening force. ADA Standards § 4.13.11.
  17. The receptionist's service counter in the lobby is 41 ½" above the floor and there is no apparent alternative for serving persons in wheelchairs. ADA Standards § 7.2(2).
  18. The following 49 interior door locations have knob hardware that is not easy to grasp with one hand and requires tight grasping, tight pinching, or twisting of the wrist to operate. ADA Standards § 4.13.9.

    19. Office of Director
    Office of IT Supervisor
    Office of Director of Education
    Conference Room in Administrative Suite
    Office of Personnel
    Business Office
    Office of Dean of Students
    Door from Lobby to east Corridor
    Learning Resource Services/Student Lounge
    Medical Assistant Classroom (4 doors)
    Classroom #207 (2 doors)
    Clothing Room (2 doors)
    Classroom #205 (2 doors)
    Classroom #204 (2 doors)
    Classroom #203
    Classroom #202 (2 doors)
    Classroom #201
    Computer Lab (14 doors)
    Drafting Lab (2 doors)
    Admissions (3 doors)
    Admissions Conference
    Director of Career Services (2 doors)
    Receptionist
    Door from Lobby to center and west Corridors

  19. The door from the lobby to the east corridor has a pull, latch side maneuvering clearance of 15", which is less than the required minimum 18" maneuvering clearance. ADA Standards § 4.13.6 & Fig. 25.
  20. The door from the east corridor to the lobby has a push force of 17.0 pounds, beyond the maximum allowable 5.0 pounds opening force. ADA Standards § 4.13.11.
  21. The wall hung drinking fountain in the east corridor has a spout that is 37 ½" above the floor and does not provide for a knee space clearance of at least 27" from the floor to the bottom of the apron, nor a 17" to 19" depth. ADA Standards § 4.15.
  22. The drinking fountain in the center corridor has a spout that is 37" above the floor and does not provide for a knee clearance of at least 27" from the floor to the bottom of the apron, a 17" to 19" depth, nor a minimum clear floor space width of 30". ADA Standards § 4.15.
  23. The fire extinguisher protrudes 5 ½" into the east corridor at the south end and has a leading edge 27" above the floor, beyond the maximum allowable 4" projection into circulation paths. ADA Standards § 4.4.1.
  24. The sink in the medical assistant classroom #208 is mounted in a fixed cabinet with a counter that is 35" above the floor (beyond the 34" maximum) and hot water and drain pipes that are not insulated or otherwise configured to protect against contact, and thus is unusable by persons who use wheelchairs. ADA Standards §§ 4.24.2, 4.24.3, 4.24.6.
  25. The paper towel dispenser in the medical assistant classroom #208 is located over a cabinet and is 67" above the floor, greater than the maximum allowable 44" height for a forward approach over an obstruction, and the maximum 46" height for a parallel approach over an obstruction by a wheelchair user. ADA Standards §§ 4.27.3, 4.2.5 & Fig. 5(b), 4.2.6 & Fig. 6(c).
  26. The pencil sharpener in the medical assistant classroom #208 is mounted 55" above the floor, beyond the maximum reach ranges for a wheelchair user. ADA Standards § 4.27.3.
  27. The computer stand in the learning resource center/student lounge has a knee clearance 24 ½" high, less than the minimum allowable 27" high knee clearance. ADA Standards §§ 8.2, 4.32.3.

    V. Grand Junction Lab Building
    770 Horizon Drive
    Grand Junction, Colorado

    A.Campus Exterior Circulation

  1. There is no accessible route within the boundary of the site from the public transportation at the campus property line along Horizon Drive to the main entrance at the north side of the building. ADA Standards § 4.3.2.
  2. There is no directional signage at inaccessible entrances indicating the route to the nearest accessible entrance to the building. ADA Standards § 4.1.2(7)(c).
  3. There are no designated accessible parking spaces nor van accessible parking space on the shortest possible route to an accessible entrance of the building. ADA Standards § 4.6.2.
  4. The sidewalk on the north side of the building at the main entrance has an abrupt level change of 4" at the marked crosswalk to the main building on the opposite side of the driveway, beyond the maximum change in level of 1/4", and 1/4" to ½" beveled with a slope no greater than 1:2. ADA Standards § 4.5.2.
  5. The main, north entrance, the side, east entrance, and the rear south entrance lead to hazardous vehicular passage ways; there are no detectable warnings marking the boundary between the pedestrian and vehicular areas. ADA Standards § 4.29.5.
  6. The main, north entrance has four steps with no accompanying ramp nor ramp features required for changes of level greater than ½". ADA Standards § 4.5.2.
  7. The handrails at the steps to the main, north entrance do not have at least a 12" extension at the top and bottom of the handrails. ADA Standards § 4.9.4(2).
  8. The sidewalks on the north and east sides of the building are not accessible because overhanging parked vehicles reduce their clear width to less than the required 36" minimum clear width. ADA Standards § 4.3.3.
  9. A marked crossing across the driveway that connects the east building entrance to two designated accessible parking spaces adjacent to the main building has running slopes of 11.1% and 6.9%, which exceed the maximum allowable 5.0% running slope. ADA Standards § 4.3.7.
  10. The sidewalk at the northeast corner of the building has a cross slope of 4.3% and the sidewalk at the east building entrance has a cross slope of 2.5%, each of which exceeds the maximum allowable 2.0% cross slope. ADA Standards § 4.3.7.

    11. B. Building Interior

  11. The east entrance has double doors at the interior vestibule that have a pushing force of 27.0 pounds, beyond the maximum 5.0 pounds opening force. ADA Standards § 4.13.11.
  12. The north, main entrance doors have an abrupt 3/4" interior threshold that exceeds the maximum allowable 1/2" beveled with a slope no greater than 1:2. ADA Standards § 4.13.8.
  13. The following 32 interior door locations have knob hardware that is not easy to grasp with one hand and requires tight grasping, tight pinching, or twisting of the wrist to operate. ADA Standards § 4.13.9.

    14. Message Clinic Reception Area
    Massage Clinic Offices (3 doors)
    Massage Classroom #103 (3 doors)
    Classroom #102
    Computer Lab Room #104 (2 doors)
    Dental Lab & Classroom #105 (4 doors)
    Massage Classrooms #111 (3 doors)
    Classroom #112
    Classroom #110
    Classroom Suite #109 (7 doors)
    Playroom/Storage (4 doors)
    Assembly Room #106 (2 doors)

  14. The drinking fountain in the east corridor has a spout that is 38" above the floor and does not provide for a knee clearance of at least 27" from the floor to the bottom of the apron, a 17" to 19" depth, nor a minimum clear floor space width of 30" to allow a wheelchair user a forward approach to the unit. ADA Standards § 4.15.
  15. The drinking fountain in the dental lab/classroom has a spout that is mounted 38" above the floor (beyond the 36" maximum) and does not provide for minimum water flow at least 4" in height, a knee clearance of at least 27" from the floor to the bottom of the apron, a 17" to 19" depth, nor a minimum clear floor space of 30" x 48" to allow a wheelchair user a forward approach to the unit. ADA Standards § 4.15.
  16. The fire extinguisher in the center corridor near the toilet rooms protrudes 6 ½" from the wall with its leading edge 52" above the floor, beyond the maximum allowable 4" projection into circulation paths. ADA Standards. ADA Standards § 4.4.1.
  17. The rims of the two sinks in the dental lab/classroom are 38" above the floor, beyond the maximum allowable 34" sink height. ADA Standards § 4.24.2.
  18. The two sinks in the dental lab/classroom have knob hardware that is not easy to grasp with one hand and requires tight grasping, tight pinching, or twisting of the wrist to operate. ADA Standards § 4.24.7.
  19. The door from the massage clinic reception to the east corridor has a pull, latch side maneuvering clearance of 2", which is less than the required minimum 18" maneuvering clearance. ADA Standards § 4.13.6 & Fig. 25.
  20. The rim of the sink in the massage classroom is 34 ½" above the floor, beyond the maximum allowable 34' sink height, and lacks a minimum 27" high and 30" wide knee clearance for a forward approach by a wheelchair user. ADA Standards § 4.24.2.
  21. The paper towel dispenser at the lavatory in the massage classroom is 61" above the floor, beyond the maximum reach ranges for a wheelchair user. ADA Standards § 4.27.3.

    VI. Grand Junction Automotive Building
    764 Horizon Drive, Building "B"
    Grand Junction, Colorado

    A. Campus Exterior Circulation

  1. There is no accessible route within the boundary of the site from the public transportation at the campus property line along Horizon Drive to the main entrance at the north side of the building. ADA Standards § 4.3.2.
  2. There is no directional signage at inaccessible entrances indicating the route to the nearest accessible building entrance. ADA Standards § 4.1.2(7)(c).
  3. There are no designated accessible parking spaces, nor van accessible parking spaces, on the shortest possible route to an accessible entrance of the building. ADA Standards § 4.6.2.
  4. The maneuvering space at the main, west entrance door has a running slope of 2.7%, beyond the maximum allowable 2.0% slope. ADA Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.6 & Fig. 25.

    5. B. Building Interior

  5. The east entrance door between the automobile bays has an abrupt ½" interior threshold that is not beveled with a slope no greater than 1:2. ADA Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.8.
  6. The exterior door to the automobile lab at the front (west) of the building has knob hardware that is not easy to grasp with one hand and requires tight grasping, tight pinching, or twisting of the wrist to operate. ADA Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.9.
  7. The exterior door between the two automobile bay doors at the rear (east) of the building has knob hardware that is not easy to grasp with one hand and requires tight grasping, tight pinching, or twisting of the wrist to operate. ADA Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.9.
  8. The following 6 interior doors have knob hardware that is not easy to grasp with one and requires tight grasping, tight pinching, or twisting of the wrist to operate. ADA Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.9.

    9. Door from the Lobby to the front automobile lab
    Door to the Classroom Toilet
    Door to Classroom #301
    Door to Classroom #302
    Door from Classroom Corridor to rear automobile bays.
    Door to rear automobile bay toilet.

  9. The door from the classrooms to the rear automotive bays has a push side maneuvering clearance of 6", less than the required minimum 12" maneuvering clearance for a door with both a closer and latch. ADA Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6 & Fig. 25.
  10. The door from the classrooms to the rear automotive bays has a push force of 20.0 pounds, beyond the maximum allowable 5.0 pounds opening force. ADA Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11.
  11. The rim of the sink in the front automobile lab is 35 3/4" above the floor, beyond the maximum allowable 34" sink height. ADA Standards §§ 4.1.6(1)(b), 4.24.2.
  12. The sink in the front automobile lab has knob hardware that is not easy to grasp with one and requires tight grasping, tight pinching, or twisting of the wrist to operate. ADA Standards §§ 4.1.6(1)(b), 4.24.7.

 

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December 16, 2009