Settlement Agreement between the United States and Kanawha County Parks and Recreations , Attachment (I)

Attachment I: New Construction

1. Within 2 years of the effective date of the Agreement, the Kanawha County Parks and Recreation will complete the following modifications to the Coonskin Park Amphitheater, located at 2000 Coonskin Drive, Charleston.

A. Parking

1) Although the parking lot has a total of 21 parking spaces, none are designated as reserved for people with disabilities. On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space designated as reserved for people with disabilities. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

B. Drinking Fountain – Bathroom/Concessions Complex

1) The drinking fountain has a spout that is 37 inches above the finished floor. Provide a fountain that has a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet, and that otherwise complies with the Standards. Standards §§ 4.1.3(10), 4.15, 4.27.4, Fig. 27.

C. Women’s Toilet Rooms with Stalls – Bathroom/Concessions Complex

1) The centerline of the accessible signage is 45 inches above the floor. Provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2) Although there are 6 stalls, there is no ambulatory stall provided. Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig. 30(d). Standards §§ 4.1.3(11), 4.22.4, Fig. 30(d).

3) The lavatory is inaccessible because the hot water 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 §§ 4.1.3(11), 4.22.6, 4.19.4.

4) The air dryer protrudes into the walkway and would not be detectable to a blind person using a cane. Provide a circulation path 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. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.4.

D. Men’s Toilet Rooms with Stalls – Bathroom/Concessions Complex

2) The urinal is inaccessible because the rim is 18 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

3) The toilet is inaccessible because its centerline measures 19½ 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), 4.22.4, 4.17.3, Fig. 30.

4) The toilet paper dispenser is inaccessible because it is mounted 38 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ 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).

5) The lavatory is inaccessible because the hot water 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 §§ 4.1.3(11), 4.22.6, 4.19.4.

E. Toilet Room #1, Single-User – Stage Complex

1) The toilet room lacks an accessible sign mounted on the latch side next to the door with a 60 inch centerline and raised and Braille characters. Provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2) The toilet paper dispenser is inaccessible because it is mounted 38 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ 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).

F. Toilet Room #2 – Stage Complex

2) The toilet paper dispenser is inaccessible because it is mounted 38½ inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ 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).

G. Ramp to Bleachers

1) There are 2 identical ramps on either end of the bleachers. The ramps are inaccessible because the top inside handrail curves around 4 inches past the level landing, but does not extend 12 inches at the top, and there are 2 inches between the handrail and the fence. Provide handrails that are between 1¼ inches and 1½ 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 and 1½ inches from the wall, with ends rounded or returned smoothly to the floor, wall, or post. Standards § 4.8.5.

H. Assembly Area (Bleachers)

1) The bleachers seat approximately 2,000 people and have 11 wheelchair seating locations and no fixed companion seats. Provide 10 additional (21 total) wheelchair seating areas, each with a minimum clear ground or floor space of 33 inches wide by 48 inches deep for forward or rear access, or 33 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, Fig. 46.

2) The amphitheater is inaccessible to people with hearing impairments because although there are 50 or more fixed seats, there is no assistive listening system. Provide a permanently installed assistive listening system serving the fixed seating. Ensure that the seating served by the system is located within a 50 foot viewing distance of the stage or playing area and has a complete view of the stage or playing area. Provide 80 receivers for use by the general public and signage indicating their availability. 28 C.F.R. §35.160; Standards §§ 4.1.3(19)(b), 4.30, 4.33.

2. Within 9 months of the effective date of the Agreement, the Kanawha County Parks and Recreation will complete the following modifications to the Coonskin Park Columbia Gas House, located at 2000 Coonskin Drive, Charleston.

A. Parking and Accessible Route at Columbia Gas House Shelter, Pavilion, Bathroom, and Kitchen

1) The parking lot is unpaved and rocky, with no designated accessible spaces. On the shortest accessible route to the accessible entrance, provide van accessible spaces and standard spaces as required by Standards § 4.1.2(5) 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).

2) The route from the parking area to the entrance is inaccessible because there is a 4 inch curb with no ramp or curb cut provided. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

3) The route to the barbeque grills is inaccessible because no accessible route has been provided. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

4) The picnic tables are inaccessible because they provide 16 inches of knee clearance depth. 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 §§ 4.1.3(18), 4.32.3, 4.32.4.

B. Pavilion Counter

1) The outside counter at the Pavilion is inaccessible because it is 41 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

C. Kitchen Area

1) The door to the kitchen area, which is accessed from the latch side of the door, is inaccessible because it has only 8 inches of space. On the push side of the door, provide a clear path of travel for a side approach at least 42 inches wide and at least 24 inches of clear maneuvering space adjacent to the latch side of the door. Standards §§ 4.1.3(7)(b), 4.13.6, Fig. 25(c).

2) The door to the kitchen area is inaccessible because there is a 1¼ inch threshold. Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(b), 4.13.8, 4.5.2.

3) The sink is inaccessible because the knobs require twisting to operate. Provide a sink with knobs 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), 4.1.6(1)(b), 4.27.4.

D. Women’s Columbia Gas Shelter Toilet Rooms with Stalls

1) The sign is mounted on the door. Provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

2) The toilet centerline is 20½ 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), 4.22.4, 4.17.3, Fig. 30.

3) 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.

4) The side grab bar at the toilet is inaccessible because the toilet paper dispenser is mounted above it. Provide a side grab bar that has at least 1½ inches between the grab bar and any object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

5) The toilet paper dispenser is inaccessible because it is mounted 49 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ 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).

6) The rear grab bar at the toilet is inaccessible because it is mounted 12 inches from the side wall. 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.

E. Men’s Columbia Gas Shelter Toilet Room with Stalls

2) The door, which is accessed through a front approach, is inaccessible because it has only 8 inches of maneuvering clearance on the 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 §§ 4.1.3(7)(b), 4.13.6, Fig. 25(a).

3) The toilet centerline is 21 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), 4.22.4, 4.17.3, Fig. 30.

4) The toilet is inaccessible because the flush control is on the closed side. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

5) 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.

6) The side grab bar at the toilet is inaccessible because the toilet paper dispenser is mounted above it. Provide a side grab bar that has at least 1½ inches between the grab bar and any object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

7) The hand dryer protrudes into the walkway and would not be detectable to a blind person using a cane. Provide a circulation path 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. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.4.

8) The toilet paper dispenser is inaccessible because it is mounted 49 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ 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).

9) The rear grab bar at the toilet is inaccessible because it is mounted 12 inches from the side wall. 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.