Attachment I: New Construction

Please Note: Paragraph 51 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the City will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

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.         Within 6 months of the effective date of the Agreement, the County will complete the following modifications to Kanawha County Parking Facility, located at Quarrier Street, Charleston.

            A.        Parking Spaces

                        1)        Although there are 432 parking spaces in the 4 level garage, with 8 designated accessible parking spaces on 2 levels (4 on the 3^rd floor, 4 on the 4^th floor), there are an inadequate number of spaces reserved for use by persons with disabilities and an inadequate number are van accessible. On the shortest accessible route to the accessible entrance, provide at least 2 van accessible spaces and 7 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. All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

                        2)        The van accessible parking spaces provided in the outdoor area between the parking facility and the Judicial Annex are inaccessible because there are built up curb ramps in the access aisles, the access aisle is not wide enough, the slopes of the designated accessible parking spaces and access aisles are too steep, and the van accessible sign can be obstructed by parked vehicles. On the shortest accessible route, provide 2 van accessible 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. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. 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.        Third Floor Designated Accessible Parking Spaces (4)

                        1)        The parking reserved for persons with disabilities is inaccessible because the spaces and access aisles are too narrow. Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. Standards §§ 4.1.2(5), 4.6.3, Fig.9.

                        2)        The parking reserved for persons with disabilities closest to the elevator is inaccessible because it has a slope of 11.5 percent. Provide designated accessible parking spaces and access aisles that are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, with surfaces that are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.3.6, 4.5.1, 4.6.3.

            C.        Fourth Floor Designated Accessible Parking Spaces (4)

                        1)        One of the parking spaces reserved for persons with disabilities is inaccessible because it has a slope of 12.7 percent. Provide designated accessible parking spaces and access aisles that are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, with surfaces that are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.3.6, 4.5.1, 4.6.3.

            D.        Court Street Elevator

                        1)        The elevator is inaccessible because, although emergency communications are provided, the system requires voice communication. Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device. If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist. Standards §§ 4.1.3(5), 4.10.14.

            E.        Goshone Street Elevator

                        1)        The elevator is inaccessible because, although emergency communications are provided, the system requires voice communication. Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device. If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist. Standards §§ 4.1.3(5), 4.10.14.