SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

THE COUNTY OF KAUA’I, HAWAII

DEPARTMENT OF JUSTICE NUMBER 204-21-65

BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice (“Department ”) initiated this matter as a compliance review of the County of Kauai, Hawaii, (“County”) 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.

The review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the County’s compliance with the following title II requirements:

to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department’s title II regulation (28 C.F.R. Part 35), 28 C.F.R. § 35.105;



to notify applicants, participants, beneficiaries, and other interested persons of their rights and the County’s obligations under title II and the Department’s regulations, 28 C.F.R. § 35.106;



to designate a responsible employee to coordinate its efforts to comply and carry out the County’s ADA responsibilities, 28 C.F.R. § 35.107(a);



to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);



to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:


delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,



physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (“Standards”) or the Uniform Federal Accessibility Standards (“UFAS”);


to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;



to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;



where the County communicates by telephone, to communicate through a teletypewriter (“TTY”), or other equally effective device, with individuals who have hearing or speech impairments, 28 C.F.R § 35.161;



to provide direct access via TTY to telephone emergency services, including 9-1-1 services, for persons who use TTY’s, 28 C.F.R. § 35.162;



to provide information for interested persons with disabilities concerning the existence and location of the County’s accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);



to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department reviewed the following County facilities to determine compliance with the requirements of the ADA regulations and the Standards: Civic Center Complex (Police Dispatch Center, Kapule Building, Mo’i’keha Building), County Building, Kaua’i Police Department, Kaua’i War Memorial Convention Hall, Portable Offices, Vidinha Stadium, Isenberg Neighborhood Center and Park, Hanalei Substation, Anahola Beach Park, Kapaa Neighborhood Center, Kaua’i Police Department (Substation), Kapaa Beach Park, Wailua Houselots Park, Peter Rayno Sr. Park, Hanamaula Park, Koloa Park (Ann Knudsen Park), Kalena Park, Koloa Neighborhood Center, Poipu Beach Park, Kukui’ula Small Boat Harbor, Spouting Horn Park, Kalawai Park, Kahaheo Neighborhood Center, Hanapepe Stadium, Waimea Police Substation, Lydgate Park, Kapaa Town Park, Salt Pond Park, and Kilauea Neighborhood Center.

B. JURISDICTION

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

2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the County’s compliance with title II and the Department’s implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. 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.

3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the County’s compliance with § 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, 42.108-110, to suspend or terminate financial assistance to the County 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.

C. ACTIONS TAKEN BY THE COUNTY

4. The County conducted a self-evaluation and transition plan in 1999. The County appointed an ADA Coordinator and developed a grievance procedure. On January 20, 2000, the Mayor signed an Equal Access Policy stating that no individual with a disability shall be excluded from employment by the County or from programs, services, or facilities provided by the County. The County has a Public Safety Answering Point (PSAP), and individuals who use TTY’s have direct access to the 9-1-1 emergency services. The County’s PSAP is a sophisticated system that automatically receives and responds to TTY calls on a computer console. The County also has a separate TTY at each computer console in case the computer fails.

D. REMEDIAL ACTION

The parties to this Agreement are the United States of America and the County of Kuau’i, Hawaii. In order to avoid the burdens and expense of possible litigation, the parties hereby agree as follows:

5. In consideration of the terms of, and consistent with, this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter regarding the areas covered by the Remedial Action provisions of this Agreement, except as provided in ¶ ¶ 37, 39.

6. The Parties agree that 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. The Standards appear at 28 C.F.R. Part 36, Appendix A.

7. The County will ensure that all alterations and construction undertaken and ongoing while this Agreement is in effect will be readily accessible to and usable by individuals with disabilities and will meet fully the requirements of the title II regulation and the Standards.

NEW CONSTRUCTION AND ALTERATIONS

8. Civic Center Complex. By December 31, 2005, the County shall correct the following to ensure that the Civic Center Complex, which was altered in 1994, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Accessible Route. The curb ramp at the front of the building contains an abrupt change in level greater than 1/4 inch. Alter the curb ramp so that it does not contain any abrupt change in level greater than 1/4 inch and so that any changes in level between 1/4 inch and 1/2 inch are beveled with a slope no greater than 1:2. Standards §§ 4.1.6(2), 4.1.2(1), 4.5.2, 4.7.2.

B. Parking. The curb ramps extend into the accessible parking spaces’ access aisles in the rear parking lot. Alter the access aisles so that they are level, with surface slopes not exceeding 1:50 in any direction. Provide curb ramps complying with the Standards in locations that will not intrude into the accessible parking spaces or access aisles. Standards §§ 4.1.6(2), 4.1.2(5), 4.5.2, 4.6.3, 4.7.

C. Kaua’i Police Dispatch Center – Men’s Restroom.

(1) The coat hook on the door is mounted 65 1/4 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(1)(b), 4.1.3(12), 4.2.5, 4.2.6, 4.25.3.

(2) The lavatory in the men’s restroom provides knee clearance of 28 1/2 inches above the finish floor to the bottom of the apron. Provide a lavatory with knee clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.19.2, Fig. 31.

D. Kapule Building.

(1) Counter. The top of the service counter for Billing and Accounting is 42 1/2 inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards; or provide access to services transacted at this counter through alternate means. If the County chooses not to alter the service counter referenced in this paragraph, the County shall develop a policy statement that identifies the methods that will be used to ensure that individuals with disabilities are afforded access to the programs, services and activities that are available at this counter. Standards § 7.2(2).

(2) Women’s Restroom.

a. The coat hook on the designated accessible stall door is mounted 64 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(1)(b), 4.1.3(12), 4.2.5, 4.2.6, 4.25.3.

b. The centerline of the toilet in the designated accessible stall is 21 inches from the side partition. Remount the toilet or the partition, if the minimum stall width of 60 inches can be maintained, so that the toilet’s centerline is 18 inches from the side partition. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.2, 4.17.3, Fig. 30(a).

c. The delivery slot of the seat cover dispenser is 55 1/2 inches above the finish floor. Provide a dispenser with the highest operable part not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a front reach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.2.5, 4.2.6, 4.27.3.

(3) Men’s Restroom.

a. The men’s restroom does not have an accessible sign. Provide a sign with Braille and raised letters on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

b. The coat hook on the accessible stall door is mounted 67 1/2 above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(1)(b), 4.1.3(12), 4.2.5, 4.2.6, 4.25.3.

c. The centerline of the toilet is 20 inches from the side partition. Remount the toilet or the partition, if the minimum stall width of 60 inches can be maintained, so that the toilet’s centerline is 18 inches from the side partition. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.2, Fig. 30.

d. The delivery slot of the seat cover dispenser is 55 1/2 inches above the finish floor. Provide a dispenser with the highest operable part not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a front reach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.2.5, 4.2.6, 4.27.3.

9. Vidinha Stadium. By December 31, 2002, the County shall correct the following to ensure that Vidinha Stadium, which was altered in 2000, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Ramp. The existing ramp from the entrance to the existing wheelchair seating area has a slope that is greater than 1:12. The newly constructed ramp and wheelchair seating area are near completion and meet the requirements of the Standards. When the new ramp is completed, provide directional signage at the non-compliant existing ramp to indicate the designated accessible entrance and mount the international symbol of accessibility at the new accessible entrance. Standards §§ 4.1.6(1)(b), 4.1.2(7)(c), 4.1.3(8)(d), 4.8, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

B. Home Side – Women’s Restroom.

(1) The sign is mounted on the front wall of the facility and is not adjacent to the latch side of the door. Provide a sign on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

(2) The designated accessible stall in the women’s restroom is 39 inches wide and 58 inches deep. Provide a “standard” accessible stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet). Standards §§ 4.1.6(2), 4.1.3(11), 4.17.3, Fig. 30(a).

a. The designated accessible stall contains parallel side grab bars that are mounted more than 1 1/2 inches from the adjacent wall and there is no rear grab bar. Within the accessible stall required above, provide rear and side grab bars that meet the requirements of the Standards. Standards §§ 4.1.6(2), 4.1.3(11), 4.17.6, 4.26, Fig. 30, Fig. 39.

b. The centerline of the toilet in the designated accessible stall is 19 inches from the side wall. In the accessible stall required above, ensure that the toilet’s centerline is 18 inches from the side wall. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

c. The coat hook on the designated accessible stall door is mounted 67 inches above the finish floor. In the accessible stall required above, provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(2), 4.1.3(12), 4.2.5, 4.2.6, 4.25.3.

C. Home Side – Men’s Restroom.

(1) The sign is mounted on the front wall of the facility and is not adjacent to the latch side of the door. Provide a sign on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

(2) The height of the lowest urinal is 18 1/4 inches from the rim to the finish floor. Provide a urinal with an elongated rim that is no more than 17 inches above the finish floor. Standards §§ 4.1.6(2), 4.1.3(11), 4.18.2, 4.22.5.

(3) The designated accessible stall in the men’s restroom is 39 inches wide and 58 1/2 inches deep. Provide a “standard” accessible stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet). Standards §§ 4.1.6(2), 4.1.3(11), 4.17, Fig. 30(a).

a. The designated accessible stall contains parallel side grab bars that are mounted more than 1 1/2 inches from the adjacent wall, and there is no rear grab bar. Provide a rear and a side grab bar within the accessible stall required above that meet the requirements of the Standards. Standards §§ 4.1.6(2), 4.1.3(11), 4.17.6, 4.26.2, Fig. 30.

b. The coat hook in the designated accessible stall is mounted 67 1/4 inches above the finish floor. Provide a coat hook in the accessible stall required above that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(2), 4.1.3(12), 4.2.5, 4.2.6, 4.25.3.

D. Visitors’ Side – Men’s Restroom.

(1) The height of the lower urinal trough is 18 1/2 inches from the rim to the finish floor. Provide a urinal with an elongated rim that is no more than 17 inches above the finish floor. Standards §§ 4.1.6(2), 4.1.3(11), 4.18.2, 4.22.5.

(2) The designated accessible toilet stall is 39 inches wide and 55 1/2 deep. Provide a “standard” accessible stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet). Standards §§ 4.1.6(2), 4.1.3(11), 4.17, Fig. 30(a).

a. The centerline of the toilet in the designated accessible toilet stall is 20 inches from the side wall. In the accessible stall required above, ensure that the toilet’s centerline is 18 inches from the side wall. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

b. In the accessible stall required above, provide rear and side grab bars that meet the requirements of the Standards. Standards §§
4.1.6(2), 4.1.3(11), 4.17.6, 4.26.

(3) The paper towel dispenser is mounted 62 inches above the finish floor to the control. Provide a paper towel dispenser so that all operable parts are no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(2), 4.1.3(13), 4.2.5, 4.2.6, 4.27.3.

E. Men’s Locker Room.

(1) The height of the urinal is 25 inches from the rim to the finish floor. Provide a urinal with a elongated rim that is no more than 17 inches above the finish floor. Standards §§ 4.1.6(2), 4.1.3(11), 4.18.2, 4.22.5.

(2) The men’s locker room does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.4, 4.13, 4.17, 4.26, Fig. 30.

(3) There are movable benches with seats 16 1/2 inches above the finish floor. Provide at least one accessible bench, measuring at least 24 inches by at least 48 inches, that is securely fastened along the wall with the seat 17 to 19 inches above the finish floor. Standards §§ 4.1.6(2), 4.1.3(21), 4.35.4.

(4) The coat hooks are mounted 62 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(2), 4.1.3(12), 4.2.5, 4.2.6, 4.25.3.

(5) Shower.

a. The shower stall is under construction and there is a change in level that exceeds 1/2 inch on the accessible route to the shower. Modify the entrance to the showers so that it does not contain any change in level greater than 1/2 inch and so that any change in level between 1/4 inch and 1/2 inch is beveled with a slope no greater than 1:2. Standards §§ 4.1.6(1)(b), 4.3.8, 4.5.2.

b. The shower room does not contain accessible features, such as grab bars, accessible controls, and shower spray unit. Provide an accessible shower stall that meets the requirements of the Standards. Standards §§ 4.1.6(2), 4.1.3(11), 4.23.8, 4.21, 4.26, Fig. 35.

F. First Aid Office. There is a 1 1/2 inch threshold at the entry door. Provide a threshold with a height no greater than 1/2 inch, beveled on each side with a slope no greater than 1:2. Standards §§ 4.1.6(2), 4.1.3(7), 4.13.8.

G. Concession Stand. The top of the concession stand counter is 41 inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards; or provide access to services transacted at this counter through alternate means. If the County chooses not to alter the concession stand referenced in this paragraph, the County shall develop a policy statement that identifies the methods that will be used to ensure that individuals with disabilities are afforded access to the programs, services and activities that are available at the counter. Standards § 7.2(2).

H. Visitors’ Side – Water Fountain. The water fountain located outside the women’s restroom is operated by a twist knob. Provide a water fountain with controls that are operable with one hand and do not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.6(2), 4.1.3(10), 4.15.4, 4.27.4.

I. Visitors’ Side – Women’s Restroom. The women’s restroom does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.13, 4.22.4, 4.17, 4.26, Fig. 30.

J. Women’s Locker Room.

(1) The women’s locker room does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.4, 4.13, 4.17, 4.26, Fig. 30.

(2) There is a change in level that exceeds 1/2 inch at the entrance to the women’s locker room. Modify the route into the entrance so that it does not contain any change in level greater than 1/2 inch and so that any change in level between 1/4 inch and 1/2 inch is beveled with a slope no greater than 1:2. Standards §§ 4.1.6(2), 4.3.8, 4.5.2.

(3) The shower room does not contain accessible features, such as grab bars, accessible controls, and shower spray unit. Provide an accessible shower stall that meets the requirements of the Standards. Standards §§ 4.1.6(2), 4.1.3(11), 4.23.8, 4.21, 4.26, Fig. 35.

10. Koloa Park (Ann Knudsen Park). By December 31, 2002, the County shall correct the following to ensure that the Koloa Park (Ann Knudsen Park), which was altered in 2000, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Pavilion Side.

(1) Accessible Routes. There is no accessible route to the dugouts, stadium bleachers, concession stand, water fountain, or playground. Provide accessible routes to the dugouts, bleachers, concession stand, water fountain and playground that are firm, stable, and slip-resistant and otherwise comply with the Standards. Standards §§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.

(2) Women’s Restroom.

a. The women’s restroom does not have an accessible sign. Provide a sign using raised characters and Braille on the wall adjacent to the entrance with the centerline of the sign 60 inches above the finish floor so that a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

b. The women’s restroom does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards
§§ 4.1.6(2), 4.1.3(11), 4.22.4, 4.13, 4.17, 4.26, Fig. 30.

c. The lavatory in the women’s restroom has knee clearance of 26 inches above the finish floor to the bottom of the apron. Provide a lavatory with knee clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

d. The lavatory faucet has a control that is not accessible. Provide faucet controls that do not require tight grasping, pinching or twisting of the wrist at each required accessible lavatory. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.6, 4.19.5, 4.27.4

(3) Men’s Restrooms.

a. The men’s restroom does not have an accessible sign. Provide a sign using raised characters and Braille on the wall adjacent to the entrance with the centerline of the sign 60 inches above the finish floor so that a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

b. The men’s restroom does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards
§§ 4.1.6(2), 4.1.3(11), 4.22.4, 4.13, 4.17, 4.26, Fig. 30.

c. The lavatory in the men’s restroom has knee clearance of 26 inches above the finish floor to the bottom of the apron. Provide a lavatory with knee clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

d. The lavatory faucet has a control that is not accessible. Provide faucet controls that do not require tight grasping, pinching or twisting of the wrist at each required accessible lavatory. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.6, 4.19.5, 4.27.4

e. The urinal in the men’s restroom is mounted 20 1/4 inches from the rim to the finish floor. Provide a urinal with an elongated rim that is no more than 17 inches above the finish floor. Standards §§ 4.1.6(2), 4.1.3(11), 4.18, 4.22.5.

(4) Baseball League’s Facility.

a. The baseball facility is under construction and there is no accessible route from the van-accessible parking space into the facility. Provide an accessible route from the van accessible parking space into the baseball facility and the picnic area that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(1), 4.3, 4.5.

b. The thresholds at the doors into each room are 2 inches high. Alter each threshold so that the change in level is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.6(2), 4.1.3(7), 4.13.8.

B. Step Side.

(1) Parking. There are no designated accessible parking spaces. Provide at least one van-accessible parking space with an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the symbol of accessibility. Standards §§ 4.1.6(2), 4.1.2(5), 4.6, Fig. 9.

(2) Accessible Routes.

a. There are no accessible routes to the baseball field, men’s and women’s restrooms, announcer’s/scorekeeper’s booth, or the concession stand. Provide accessible routes from the accessible parking to the baseball field, men’s and women’s restrooms, concession stand, and announcer’s/scorekeeper’s booth that are firm, stable, and slip-resistant and otherwise comply with the Standards. Standards §§ 4.1.6(2), 4.1.2(1), 4.3, 4.5.

b. Dugouts. The route to the accessible entrance at one of the dugouts is not firm, stable, and slip-resistant, and the other dugout has a change in level at the entrance that exceeds 1/2 inch. Modify the accessible routes to the dugouts so that they are firm, stable, and slip-resistant and so that they do not contain any change in level greater than 1/2 inch and any change in level between 1/4 inch and 1/2 inch is beveled with a slope no greater than 1:2. Standards §§ 4.1.6(2), 4.1.2(1), 4.3.8, 4.5.1, 4.5.2.

(3) Women’s Restroom.

a. The women’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the entrance with the centerline of the sign 60 inches above the ground so that a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

b. The women’s restroom does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards
§§ 4.1.6(2), 4.1.3(11), 4.22.4, 4.13, 4.17, 4.26, Fig. 30.

c. The lavatory in the women’s restroom provides knee clearance of 26 inches above the finish floor to the bottom of the apron. Provide a lavatory with knee clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

(4) Men’s Restroom.

a. The men’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the entrance with the centerline of the sign 60 inches above the ground so that a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

b. The men’s restroom does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.4, 4.13, 4.17, 4.26, Fig. 30.

c. The lavatory in the men’s restroom provides knee clearance of 26 inches above the finish floor to the bottom of the apron. Provide a lavatory with knee clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

d. The urinal in the men’s restroom is 20 3/4 inches from the rim to the finish floor. Provide a urinal with a rim that is no more than 17 inches above the finish floor. Standards §§ 4.1.6(2), 4.1.3(11), 4.18.2, 4.22.5.

11. Kalena Park. By December 31, 2003, the County shall correct the following to ensure that Kalena Park, which was altered in 1996, at which time new restrooms were constructed, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking. There is no designated accessible parking space. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the symbol of accessibility. Standards §§ 4.1.6(2), 4.1.2(5), 4.6, Fig. 9.

B. Accessible Route. There are no accessible routes to the basketball court, picnic shelter and the men’s and women’s restrooms. Provide accessible routes from accessible parking to the basketball court, picnic shelter and men’s and women’s restrooms that are firm, stable, and slip-resistant and otherwise comply with the Standards. Standards §§ 4.1.6(2), 4.1.2(1), 4.3, 4.5.

C. Women’s Restroom.

(1) The women’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the ground and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

(2) The centerline of the toilet in the women’s restroom is 22 inches from the side wall. Reposition the toilet or, if minimum width can be maintained, fur out the wall so that the toilet’s centerline is 18 inches from the side wall. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.

(3) The door to the women’s restroom does not have maneuvering clearance as required by the Standards. Reverse the swing of the door or add an automatic opener. Standards §§ 4.1.6(2), 4.1.3(7), 4.13.6, Fig. 25.

D. Men’s Restroom.

(1) The urinal in the men’s restroom is 22 inches from the rim to the finish floor. Provide a urinal with an elongated rim that is no more than 17 inches above the finish floor. Standards §§ 4.1.6(2), 4.1.3(11), 4.18.2, 4.22.5.

(2) The centerline of the toilet in the men’s restroom is 22 inches from the side wall. Reposition the toilet or fur out the wall so that the toilet’s centerline is 18 inches from the side wall. Standards §§ 4.1.6(2), 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.

(3) The door to the men’s restroom does not have maneuvering clearance as required by the Standards. Reverse the swing of the door or add an automatic opener. Standards §§ 4.1.6(2), 4.1.3(7), 4.13.6, Fig. 25.

12. Koloa Neighborhood Center. By December 31, 2002, the County shall correct the following to ensure that Koloa Neighborhood Center, which was altered in 1999, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Men’s Restroom. The men’s restroom does not have an accessible sign. Provide a sign with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.3(16), 4.30.4, 4.30.5, 4.30.6.

13. Poipu Beach Park. By December 31, 2002, the County shall correct the following to ensure that Poipu Beach Park, which was altered after January 26, 1992, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking.

(1) There is no designated van accessible parking space. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the symbol of accessibility. Standards §§ 4.1.6(2), 4.1.2(5)(b), 4.6.4, Fig. 9.

(2) The designated accessible parking spaces do not have signs. Provide a sign at each parking space that complies with the Standards and is mounted so that it cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(2), 4.1.2(5), 4.1.2(7)(a), 4.6.4, 4.30.7.

B. Accessible Route. There is no accessible route from the accessible parking to the beach, picnic area, or public telephones. Provide accessible routes from the accessible parking to the beach, picnic area and public telephones that are firm, stable, and slip-resistant and otherwise comply with the Standards. Standards §§ 4.1.6(2), 4.1.2(1), 4.3, 4.5.

C. Men’s and Women’s Restrooms. The signs identifying the men’s and women’s accessible restrooms do not provide contrast between the characters and the background and do not contain Braille. Provide signs using raised characters and Braille, so that the raised characters and symbols contrast with their background, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

14. Kukui’ula Small Boat Harbor. By December 31, 2003, the County shall correct the following to ensure that Kukui’ula Small Boat Harbor, which was altered after January 26, 1992, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking. There is no designated van-accessible parking space. Provide at least one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the symbol of accessibility. Standards §§ 4.1.6(2), 4.1.2(5)(b), 4.6.4, Fig. 9.

B. Men’s and Women’s Restrooms.

(1) The signs identifying the men’s and women’s restrooms are not accessible. Provide signs using raised characters and Braille on the wall at the entryway to each restroom so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.2(7), 4.30.4, 4.30.5, 4.30.6.

(2) The urinal in the men’s restroom is 18 inches from the rim to the finish floor. Provide a urinal with a rim that is no more than 17 inches above the finish floor. Standards §§ 4.1.6(2), 4.1.3(11), 4.18.2, 4.22.5.

15. Kalawai Park. By December 31, 2002, the County shall correct the following to ensure that Kalawai Park, which was altered after January 26, 1992, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking. There are 32 parking spaces available at the parking lot nearest the playground and 113 parking spaces at the parking lot nearest the ballfield; no accessible parking spaces are provided. Provide at least two accessible parking spaces at the parking lot nearest the playground and at least five accessible parking spaces at the parking lot near the ballfield. Ensure that each accessible parking space meets the requirements of the Standards for width, signage, access aisle, etc. At least one of the accessible parking spaces in each of the lots must be a van-accessible parking space served by an access aisle at least 96 inches wide
and identified by an additional “van-accessible” sign mounted below the international symbol of accessibility. Standards §§ 4.1.6(2), 4.1.2(5), 4.6.4, Fig. 9.

B. Accessible Route.

(1) The accessible route to the playground abuts a parking space rather than being the continuation of a required access aisle. Ensure that there is an accessible route from accessible parking to the playground. Standards
§§ 4.1.6(2), 4.1.2(1), 4.3, 4.5.

(2) There is no accessible route from accessible parking to the ballfields, dugout, picnic pavilion, or men’s and women’s restrooms. Provide accessible routes to the ballfields, dugout, picnic pavilion, and men’s and women’s restrooms that are firm, stable, and slip-resistant and otherwise comply with the Standards. Standards §§ 4.1.6(2), 4.1.2(1), 4.1.2(2), 4.3, 4.5.

C. Men’s and Women’s Restrooms.

(1) The men’s and women’s restrooms do not have accessible signs. Provide signs, using raised characters and Braille, on the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.2(7), 4.30.4, 4.30.5, 4.30.6.

(2) The designated accessible stall in the men’s restroom is 39 inches wide, the designated accessible stall in the women’s restroom is 39 1/2 inches wide, and neither stall has a side and a rear grab bar. Provide at least one “standard” accessible toilet stall in each restroom that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) and complies with the requirements for the door, toilet, grab bars and dispensers. Standards §§ 4.1.6(2), 4.1.3(11), 4.22, 4.16, 4.13, 4.17, Fig. 30.

16. Lydgate Park. By December 31, 2002, the County shall correct the following to ensure that Lydgate Park, which was altered after January 26, 1992, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

C. Lydgate Park near the Pavilion.

(1) Parking. There are no van accessible parking spaces near the large pavilion. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the international symbol of accessibility. Standards §§ 4.1.6(2), 4.1.2(5), 4.6.4, Fig. 9.

(2) Accessible Route. There is no accessible route to public telephones and the large pavilion that includes picnic tables, a small stage, and the men’s and women’s restrooms. Provide an accessible route from the accessible parking to the public telephones and the large pavilion that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(1), 4.3, 4.5.

(3) Platform/Stage. There are steps to the platform in the pavilion. Provide a ramp or other means of accessible access to the platform that meets the requirements of the Standards. Standards §§ 4.1.6(1)(b), 4.1.2(2), 4.3.8, 4.8, 4.33.5.

(4) Women’s Restroom.

a. The women’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.2(7), 4.30.4, 4.30.5, 4.30.6.

b. The women’s restroom does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards
§§ 4.1.6(2), 4.1.3(11), 4.22, 4.13, 4.17, 4.26, Fig. 30.

(5) Men’s Restroom.

a. The urinal in the men’s restroom is 24 inches from the rim to the finish floor. Provide a urinal with an elongated rim that is no more than 17 inches above the finish floor. Standards §§ 4.1.6(2), 4.1.3(11), 4.18.2, 4.22.5.

b. The men’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.2(7), 4.30.4, 4.30.5, 4.30.6.

c. The men’s restroom does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards
§§ 4.1.6(2), 4.1.3(11), 4.22, 4.13, 4.17, 4.26, Fig. 30.

B. Kamalani Playground.

(1) None of the six game tables is accessible. Provide at least one game table with the top 28 to 34 inches above the finish floor or ground and with at least 30 inches by 48 inches of clear floor space on one side with a knee space at least 27 inches high and 19 inches deep. Standards §§ 4.1.6(1)(b), 4.1.3(18), 4.32, Fig. 45.

(2) Men’s Restroom.

a. There is no accessible route to the men’s restroom. Provide an accessible route to the restroom that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards
§§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.

b. The men’s restroom does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards
§§ 4.1.6(2), 4.1.3(11), 4.13, 4.17, 4.26, Fig. 30(a).

c. The men’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

(3) Women’s Restroom.

a. There is no accessible route to the women’s restroom. Provide an accessible route to the restroom that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards
§§ 4.1.6(2), 4.1.2(2), 4.3, 4.5.

b. The women’s restroom does not have accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry, door comply with the requirements of the Standards. Standards
§§ 4.1.6(2), 4.1.3(11), 4.13, 4.17, 4.26, Fig. 30(a).

c. The women’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.3(16)(a), 4.30.4, 4.30.5, 4.30.6.

d. The entrance to the women’s changing room has a clear opening width of 23 inches. Alter the entrance so that it has a minimum clear opening width of 32 inches. Standards §§ 4.1.6(2), 4.1.3(21), 4.35.

C. Beach with Lifeguard.

(1) Parking. There are no van accessible parking spaces. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by a “van-accessible” sign mounted below the international symbol of accessibility. Standards §§ 4.1.6(2), 4.1.2(5), 4.6, Fig. 9.

(2) Accessible Route. There is no accessible route to the beach. Provide an accessible route from the accessible parking to the beach that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards §§ 4.1.6(2), 4.1.2(1), 4.3, 4.5.

(3) Men’s and Women’s Restroom.

a. The men’s and women’s restrooms do not have an accessible sign. Provide a sign at each room, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(2), 4.1.2(7), 4.30.4, 4.30.5, 4.30.6.

b. In the men’s and women’s restrooms, the designated accessible stall is 42 inches wide and 76 inches deep and the toilet paper dispensers are mounted 42 1/2 inches from the back wall. Provide a “standard” accessible toilet stall in each room that is 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 elements of the stall, including the toilet, grab bars, size and arrangement, door, and dispensers, comply with the requirements in the Standards. Standards §§ 4.1.6(2), 4.1.3(11), 4.22, 4.17, Fig. 30.

c. The entry ways to the men’s and women’s restrooms have a clear opening width of 29 inches. Alter the entrances so that they have a minimum clear opening width of 32 inches for a distance not more than 24 inches and, if more than 24 inches, a minimum clear opening width of 36 inches. Standards §§ 4.1.6(2), 4.2.1, 4.3.3, Fig. 1, Fig. 24(e).

D. Beach with No Lifeguard.

(1) Parking. There are no accessible parking spaces. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by a “van-accessible” sign mounted below the international symbol of accessibility. Standards §§ 4.1.6(2), 4.1.2(5), 4.6, Fig. 9.

(2) Accessible Route. There is no accessible route to the beach and to the men’s and women’s restrooms. Provide accessible routes from the accessible parking to the beach and the men’s and women’s restrooms that are firm, stable, and slip-resistant and otherwise comply with the Standards. Standards §§ 4.1.6(2), 4.1.2(1), 4.3, 4.5.

(3) Restrooms. The restrooms are not accessible. Provide at least one accessible restroom such that all of the elements meet the requirements of the Standards, including toilets, grab bars, lavatories, dispensers, clear floor spaces, and shower. Standards §§ 4.1.6(2), 4.1.3(11), 4.2, 4.16, 4.19, 4.13, 4.21.

17. Kilauea Neighborhood Center. By December 31, 2002, the County shall correct the following to ensure that Kilauea Neighborhood Center, which was altered after January 26, 1992, is readily accessible to and usable by individuals with disabilities and meets the requirements of the title II regulation and the Standards.

A. Parking. There is no sign identifying a van accessible parking space. Provide a sign with an additional “van-accessible” sign mounted below the international symbol of accessibility at one van-accessible parking space served by an access aisle at least 96 inches wide . Standards §§ 4.1.6(2), 4.1.2(5)(b), 4.6.4.

B. Men’s and Women’s Restrooms.

(1) The men’s and women’s restrooms do not have accessible signs. Provide a sign at each restroom, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.6(1)(b), 4.1.3(16(a), 4.30.4, 4.30.5, 4.30.6.

(2) The designated accessible stalls in the men’s and women’s restrooms are 58 1/2 inches deep. Provide “standard” accessible toilet stalls in the men’s
and women’s restrooms that are at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet). Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

(3) The toilet paper dispenser in each designated accessible stall is mounted 43 inches from the back wall. Relocate each toilet paper dispenser so that it is no more than 36 inches from the back wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

(4) In each restroom, the hot water and drain pipes beneath the lavatory are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories in both rooms. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4

(5) In each restroom, the coat hook in the designated accessible stall is mounted 65 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(1)(b), 4.1.3(12), 4.2.5, 4.2.6, 4.25.3.

(6) The centerline of the toilets in the designated accessible stalls is 18 1/2 inches from the side wall. Remount the toilet or fur out the wall so that the toilet’s centerline is 18 from the side wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

EXISTING FACILITIES

18. County Building. By December 31, 2005, the County shall correct the following to ensure that the programs offered at the County Building are readily accessible to and usable by individuals with disabilities.

A. Women’s Restroom.

(1) The coat hook on the door of the designated accessible stall is mounted 68 1/2 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.

(2) The centerline of the toilet in the designated accessible stall is 19 1/2 inches from the side partition. Reposition the toilet or, if the minimum stall width can be maintained, move the partition so that the toilet’s centerline is 18 inches from the side partition. Standards § 4.17.3, Fig. 30.

B. Men’s Restroom.

(1) The signage is mounted on the door and is not accessible. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) The designated accessible stall is 57 1/2 inches deep with a floor-mounted toilet. Adjust the stall so that it is at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet). Standards § 4.17.3, Fig. 30.

(3) The hot water and drain pipes underneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate the pipes under the lavatory. Standards § 4.19.4.

19. Kauai Police Department. By December 31, 2003, the County shall correct the following to ensure that the programs offered at the Kauai Police Department are readily accessible to and usable by individuals with disabilities.

A. Parking. The accessible parking space is not van accessible, there is no demarcated access aisle, and the sign is mounted too low. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the symbol of accessibility. Raise the sign so that it cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5), 4.6.4, Fig. 9.

B. Telephone. The coin slot for the public telephone is 56 inches above the finish floor. Provide a telephone with the highest operable part no more than 48 inches above the finish floor for a forward approach or no more that 54 inches above the finish floor for a side approach. Standards §§ 4.31.3, 4.2.5, 4.2.6.

C. Records Office.

(1) The top of the service counter for the Records Office is more than 36 inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards; or provide access to services transacted at this counter through alternate means. If the County chooses not to alter the service counter referenced in this paragraph, the County shall develop a policy statement that identifies the methods that will be used to ensure that individuals with disabilities are afforded access to the programs, services and activities that are available at this counter. Standards § 7.2(2).

(2) The computer counter is 36 inches high. Lower the computer counter so that the top of the counter is between 28 and 34 inches above the finish floor. Standards § 4.32.4.

D. Men’s and Women’s Restrooms.

(1) The signs are mounted on the restroom doors and are not accessible. Install a sign at each restroom, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) The men’s and women’s restrooms do not have accessible toilet stalls. In each room, provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards §§ 4.13, 4.17, 4.26, Fig. 30.

20. Kauai War Memorial Convention Hall. By December 31, 2005, the County shall correct the following to ensure that the programs offered at the Kauai War Memorial Convention Hall are readily accessible to and usable by individuals with disabilities.

A. Parking.

(1) There is no van accessible parking space at the main entrance parking lot. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the international symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4, Fig. 9.

(2) There is no van accessible parking space in the side parking lot and none of the accessible parking spaces has a demarcated access aisle. Provide access aisles at each parking space that are at least 60 inches wide, and provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the international symbol of accessibility. Standards §§ 4.1.2(5), 4.6.4, Fig. 9.

B. Accessible Route. There is a 1 inch change in level from the side entrance parking lot to the accessible route. Alter the route so that it does not contain any change in level greater than 1/2 inch and any change in level between 1/4 inch and 1/2 inch is beveled with a slope no greater than 1:2. Standards § 4.5.2.

C. Women’s Restroom.

(1) The women’s restroom does not have an accessible sign. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Do not use the symbol of accessibility. Standards §§ 4.30.4, 4.30.5, 4.30.6

(2) There is no directional signage to the accessible toilet room. Install a sign, including the symbol of accessibility, directing people with disabilities to the accessible unisex toilet room. Standards §§ 4.1.3(16)(b), 4.30.2, 4.30.5, 4.30.7.

D. Men’s Restroom.

(1) The men’s restroom does not have an accessible sign. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Do not use the symbol of accessibility. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) There is no directional signage to the accessible toilet room. Install a sign, including the symbol of accessibility, directing people with disabilities to the accessible unisex toilet room. Standards §§ 4.1.3(16)(b), 4.30.2, 4.30.5, 4.30.7.

E. Unisex Restroom.

(1) The toilet room sign is located on the door and does not identify the toilet room. Provide an accessible sign, with raised characters and Braille and including the symbol of accessibility, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2) The centerline of the toilet is 21 inches from the side wall. Reposition the toilet or, if the minimum width of 60 inches can be maintained, fur out the wall so that the toilet’s centerline is 18 inches from the side wall. Standards §§ 4.16.2, Fig. 28.

(3) The hot water and drain pipes underneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate the pipes under the lavatory. Standards § 4.19.4.

(4) There is a trash can under the lavatory. Clear the area so that 30 inches of clear floor space is provided. Standards § 4.19.3.

F. Ballroom Level.

(1) The ballroom platform is raised 7 1/2 inches above the finish floor. Develop a policy to ensure that the raised area in the ballroom will be made accessible, or the activity conducted thereon will be relocated to an accessible location, when access is requested by an individual with a mobility impairment. Standards §§ 4.3, 4.33.5.

(2) Women’s Restroom.

a. The women’s restroom does not have an accessible sign. Install a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

b. The designated accessible stall in the women’s restrooms is 37 inches wide and 59 1/2 inches deep. Provide a “standard” accessible toilet stall that is at least 60 wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all the stall’s elements, including water closet, grab bars, size and arrangement, entry door, toe clearance, and accessories, comply with the Standards. Standards §§ 4.17, 4.22.4, Fig. 30.

c. The coat hook on the door of the designated accessible stall is mounted 59 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.

(3) Men’s Restroom.

a. The men’s restroom does not have an accessible sign. Install sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

b. The designated accessible stall in the men’s restroom is 37 inches wide and 60 inches deep. Provide a “standard” accessible toilet stall that is at least 60 wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all the stall’s elements, including water closet, grab bars, size and arrangement, entry door, toe clearance, and accessories, comply with the Standards. Standards §§ 4.17, 4.22.4, Fig. 30.

c. The coat hook on the door of the designated accessible stall is mounted 55 1/2 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.

d. The door to the men’s restroom has a clear opening width of 21 1/2 inches. Alter the door so that it has a minimum clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Provide maneuvering space on both sides of the door as required by the Standards. Standards §§ 4.13.5, 4.13.6, Fig. 24, Fig. 25.

G. Auditorium.

(1) Provide at least 11 wheelchair seating locations that are each at least 48 inches deep and 33 inches wide for rear access. Provide at least one fixed companion seat next to each wheelchair seating location. Standards
§§ 4.1.3(19)(a), 4.33, Fig. 46.

(2) There is no access from the auditorium to the stage for individuals with mobility impairments. Provide an accessible means of access to the stage that meets the requirements of the Standards. Standards §§ 4.8, 4.11, 4.33.5.

(3) The men’s and women’s restrooms in the dressing room do not have accessible toilet stalls. In each room, provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards §§ 4.13, 4.17, 4.26, Fig. 30.

21. Portable Offices. By December 31, 2004, the County shall correct the following to ensure that the programs offered at the Portable Offices are readily accessible to and usable by individuals with disabilities.

A. Ramps.

(1) The width of the main ramp to the Portable Offices is 33 1/2 inches. Modify the ramp so that the minimum clear width between handrails or curbs is 36 inches. Standards § 4.8.3.

(2) The ramp at the far right side of the Portable Offices is not accessible to individuals with disabilities. There is no directional signage displayed indicating the route to the designated accessible entrance. Provide directional signage complying with the Standards. Standards
§§ 4.1.2(7)(c), 4.30.2, 4.30.3, 4.30.5.

B. Counter. The top of the service counter for the Kaua’i County Housing Agency is 42 inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards; or provide access to services transacted at this counter through alternate means. If the County chooses not to alter the counter referenced in this paragraph, the County shall develop a policy statement that identifies the methods that will be used to ensure that individuals with disabilities are afforded access to the programs, services and activities that are available at this counter. Standards § 7.2(2).

C. Men’s Restroom.

(1) The designated accessible stall is 40 inches wide and 82 inches deep and the centerline of the toilet is 20 inches from the side wall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards §§ 4.17, 4.13, 4.22, Fig. 30.

(2) The rim of the urinal is 24 inches above the finish floor. Provide a urinal with an elongated rim that is no more than 17 inches above the finish floor. Standards § 4.18.2.

(3) The toilet room sign is located on the door and is not accessible. Provide a sign, with Braille and raised characters, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(4) The coat hook on the door of the designated accessible stall is mounted 65 1/4 inches above the finish floor. Provide a coat hook in the accessible stall that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.

D. Women’s Restroom.

(1) The designated accessible stall is 41 1/2 inches wide and 82 1/2 inches deep. Provide a “standard” accessible toilet stall in each room 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 stalls elements, including water closet, grab bars, size and arrangement, toe clearance and entry door, comply with the Standards. Standards §§ 4.17, 4.22, 4.13, Fig.30.

(2) The coat hook on the door of the designated accessible stall is mounted 65 3/4 inches above the finish floor. Provide a coat hook in the accessible stall that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.

(3) The maneuvering clearance at the women’s restroom door is inadequate. Provide the required minimum maneuvering clearance shown in Fig. 25 of the Standards. Standards § 4.13.6, Fig. 25.

E. Prosecuting Attorney’s Office. There is a 1 inch threshold at the interior entrance to the Prosecuting Attorney’s Office. Alter the threshold so that the change in level is no greater than 1/2 inch and the edges are beveled with a slope no greater than 1:2. Standard § 4.13.8.

22. Isenberg Neighborhood Center and Playground. By December 31, 2002, the effective date of this Agreement, the County shall correct the following to ensure that the programs offered at the Isenberg Neighborhood Center and Playground are readily accessible to and usable by individuals with disabilities.

A. Parking. There are no demarcated access aisles for the two designated accessible parking spaces. Alter the accessible parking spaces to provide for at least one van accessible parking space with a 96 inch wide demarcated access aisle, and provide a demarcated access aisle at least 60 inches wide for the other accessible parking space. Two spaces may share a single access aisle as long as the minimum width for a van-accessible space is provided. The van-accessible space must be identified as such on the sign. Standards § 4.6.3, Fig.9.

B. Building One (Constructed in 1991).

(1) Stage. The stage is on a raised area that is 23 1/2 inches above the finish floor. Develop a policy to ensure that the raised area to the ballroom stage will be made accessible or the activity conducted on the stage will be relocated to an accessible location when access to the raised area is requested by an individual with a mobility impairment. Standards §§ 4.1.6(3)(g), 4.3, 4.5.2, 4.8. 4.11.

(2) Men’s Restroom. The coat hook on the door of the designated accessible stall is mounted 68 1/2 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.

(3) Women’s Restroom. The length of the rear grab bar in the designated accessible toilet stall is 30 inches long. Provide a rear grab bar that is at least 36 inches long and begins no more than 6 inches from the side wall. Standards § 4.17.6, Fig 30.

C. Building Two (Constructed in 1950-51). The men’s, women’s, and unisex restrooms are not accessible. Renovate the men’s and women’s restroom to provide at least one fully accessible stall in each room that meets the requirement of the Standards, or provide one fully accessible unisex toilet room that meets the requirements of the Standards. If the County chooses to provide an accessible unisex toilet room containing an accessible toilet and lavatory, instead of renovating the men’s and women’s restrooms, then directional signage will be provided at the men’s and women’s restroom indicating the location of the accessible unisex toilet room. Standards §§ 4.16, 4.17, 4.30, 4.13, 4.19.

23. Hanalei Substation. By December 31, 2002, the County shall correct the following to ensure that the programs offered at the Hanalei Substation are readily accessible to and usable by individuals with disabilities.

A. Entrance Door. There are changes in level at the entrance door. Modify the entrance so that there are no changes in level greater than 1/2 inch and any change in level between 1/4 inch and 1/2 inch is beveled with a slope no greater than 1:2. Provide level maneuvering space as required by the Standards. Standards § 4.5.2,
4.13.6, Fig. 25.

B. Accessible Route. The clear opening width from the end of the service counter to the swing counter top on the wall, on the route to the cell/booking area, is 29 inches. Provide a clear opening width that is at least 36 inches wide (or at least 32 inches wide if no more than 24 inches deep). Provide level maneuvering spaces as required by the Standards. Standards § 4.3.3, Fig.1.

C. Unisex Toilet Room.

(1) The unisex toilet stall is 89 inches deep and 42 inches wide. Provide a “standard” accessible toilet stall at least 60 inches wide or remove the stall partition and the urinal to provide a true “unisex” toilet room. Standards
§§ 4.17.3, 4.16, 4.19, 4.13, 4.22, Fig. 30.

(2) The height of the urinal is 24 inches from the rim to the finish floor. Provide a urinal with an elongated rim that is no more than 17 inches above the finish floor (or remove the urinal). Standards § 4.18.2.

(3) The door has knob hardware. Replace the door hardware with hardware that does not require tight grasping, pinching or twisting of the wrist to operate. Standards § 4.13.9.

(4) The lavatory has twist-type faucets. Replace the faucets with controls that do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.

(5) The coat hook on the stall door is mounted 59 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.

(6) The centerline of the toilet is 19 1/2 inches from the side wall. Reposition the toilet or fur out the wall so that the toilet’s centerline is 18 inches from the side wall. Standards § 4.17.3, Fig. 30.

(7) The rear grab bar is placed behind the toilet tank. Provide a rear grab bar
that is mounted above the toilet tank between 33 and 36 inches high that is 36 inches long and that begins no more than 6 inches from the side wall.
Standards § 4.17.6, Fig. 30.

24. Anahola Beach Park. By December 31, 2002, the County shall correct the following to ensure that the programs offered at the Anahola Beach Park are readily accessible to and usable by individuals with disabilities.

A. Women’s Restroom.

(1) There is no accessible route to the women’s restroom. Provide an accessible route to the restroom that is stable, firm, and slip resistant and that otherwise meets the requirements of the Standards. Standards §§ 4.3, 4.5.

(2) The women’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(3) The women’s restroom does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards §§ 4.13, 4.17, 4.26, Fig. 30.

(4) The lavatory has twist-type faucets. Replace the faucets with controls that do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.

(5) The mirror in the women’s restroom is mounted 49 inches from the finish floor to the bottom edge of the reflecting surface. Provide a mirror that is 40 inches maximum from the finish floor to the bottom edge of the reflecting surface. Standards § 4.19.6, Fig. 31.

B. Men’s Restroom.

(1) There is no accessible route to the men’s restroom. Provide an accessible route to the restroom that is stable, firm, and slip resistant and that otherwise meets the requirements of the Standards. Standards §§ 4.3, 4.5.

(2) The men’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(3) The men’s restroom does not have an accessible toilet stall. Provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards §§ 4.13, 4.17, 4.26, Fig. 30.

(4) The urinal in the men’s restroom is 22 1/2 inches from the rim to the finish floor. Provide a urinal with an elongated rim that is no more than 17 inches above the finish floor. Standards § 4.18.2.

(5) The lavatory has twist-type faucets. Replace the faucets with controls that do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.

(6) The mirror in the men’s restroom is mounted 49 inches from the finish floor to the bottom edge of the reflecting surface. Provide a mirror that is 40 inches maximum from the finish floor to the bottom edge of the reflecting surface. Standards § 4.19.6, Fig. 31.

25. Kapaa Neighborhood Center. By December 31, 2002, the County shall correct the following to ensure that the programs offered at the Kapaa Neighborhood Center are readily accessible to and usable by individuals with disabilities.

A. Parking. The accessible parking space does not have a demarcated access aisle, and there is no van accessible parking space. Provide at least one van-accessible parking space served by a demarcated access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the international symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4. Fig. 9.

B. Men’s Restroom.

(1) The men’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) The rear grab bar is 28 inches from the side wall and the side grab bar is 13 inches from the back wall. Provide a rear grab bar at least 36 inches long that begins no more than 6 inches from the side wall or install a grab bar on the right side of the flush valve piping and a side grab bar that begins no more than 12 inches from the back wall. Standards § 4.17.6, Fig. 30.

(3) The centerline of the toilet is 19 1/2 inches from the side wall. Reposition the toilet or, if the minimum width of 60 inches can be maintained, fur out the wall so that the toilet’s centerline is 18 inches from the side wall. Standards § 4.17.3, Fig. 30.

(4) The toilet paper dispenser is mounted 47 1/2 inches from the back wall. Relocate the toilet paper dispenser so that it is no more than 36 inches from the back wall. Standards § 4.17.3, Fig. 30(d).

C. Women’s Restroom.

(1) The women’s restroom does not have an accessible sign. Provide a sign,
using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) The rear grab bar is 23 inches from the side wall and side grab bar is 13 inches from the back wall. Provide a rear grab bar at least 36 inches long that begins no more than 6 inches from the side wall or install a grab bar on the right side of the flush valve piping and a side grab bar that begins no more than 12 inches from the back wall. Standards § 4.17.6, Fig. 30.

(3) The centerline of the toilet is 19 1/2 inches from the side wall. Reposition the toilet or, if the minimum width of 60 inches can be maintained, fur out the wall so that the toilet’s centerline is 18 inches from the side wall. Standards § 4.17.3, Fig. 30.

(4) The mirror in the women’s restroom is mounted 47 1/2 inches from the finish floor to the bottom edge of the reflecting surface. Provide a mirror that is 40 inches maximum from the finish floor to the bottom edge of the reflecting surface. Standards § 4.19.6, Fig. 31.

(5) The changing room in the women’s restroom is not accessible. Provide an accessible changing room that meets the requirements of the standards. Standards § 4.35.

26. Kapa’a - Kaua’i Police Substation. By December 31, 2002, the County shall correct the following to ensure that the programs offered at the Kapa’a - Kaua’i Police Substation are readily accessible to and usable by individuals with disabilities.

A. Entrance. Steps are the only means of access to the entrance. Provide a ramp that has a level landing at the same level as the floor and provides required maneuvering space at the door and meets the requirements of the Standards. Standards §§ 4.3.8, 4.8, 4.13, Fig. 25.

B. Unisex Toilet Room.

(1) The height of the toilet is 15 1/2 inches from the finish floor to the top of the seat. Replace the toilet or install a riser to increase the height of the seat so that the top of the seat is between 17 and 19 inches from the finish floor. Standards § 4.16.3, Fig. 29.

(2) There are no grab bars provided. Install a 36 inch long rear grab bar beginning no more than 6 inches from the side wall, and at least a 42 inch long side grab bar beginning no more than 12 inches from the rear wall, at a height between 33 and 36 inches above the floor. Standards § 4.16.4

(3) The mirror is mounted more than 40 inches from the finish floor to the bottom edge of the reflecting surface. Provide a mirror that is no more than 40 inches from the finish floor to the bottom edge of the reflecting surface. Standards § 4.19.6, Fig. 31.

27. Kapaa Beach Park. By December 31, 2002, the County shall correct the following to ensure that the programs offered at the Kapaa Beach Park are readily accessible to and usable by individuals with disabilities.

A. Men’s and Women’s Restrooms.

(1) The comfort station is under construction. In each rest room, provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards §§ 4.1.3(11), 4.13, 4.17, 4.26, Fig. 30.

(2) The men’s and women’s restrooms are currently not accessible and there is no signage indicating the location of the nearest accessible toilet. Provide signage indicating the nearest accessible toilet within the facility. Standards §§ 4.1.6(3)(e)(iii), 4.30.2, 4.30.3, 4.30.5, 4.30.7.

B. Picnic Pavilion. There is no accessible route to the picnic pavilion and there is a step at the entrance of the pavilion that is 5 1/2 inches high. Alter the route into the pavilion so that it is stable, firm and slip resistant and there is no change in level greater than 1/2 inch and any change in level between 1/4 inch and 1/2 inch is beveled with a slope no greater than 1:2. Standards §§ 4.5.1, 4.5.2.

28. Wailua Houselots Park. By December 31, 2002, the County shall correct the following to ensure that the programs offered at the Wailua Houselots Park are readily accessible to and usable by individuals with disabilities.

A. Parking. The designated accessible parking space is not van accessible and there is no demarcated access aisle or sign. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the international symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4, Fig. 9.

B. Curb Ramp. There is no curb ramp at the accessible parking space. Provide a curb ramp that complies with the Standards. Standards § 4.7.

C. Accessible Route. There are no accessible routes from the parking lot to the tennis court, basketball court, playground, picnic pavilion, or men’s and women’s restrooms. Provide accessible routes from the accessible parking space to the tennis court, basketball court, playground, picnic pavilion, and men’s and women’s restrooms that are firm, stable, and slip-resistant and otherwise comply with the Standards. Standards §§ 4.3, 4.5.

D. Telephone. There is no accessible route to the public telephone. Provide a curb ramp and an accessible route to the public telephone that is stable, firm and slip resistant and that otherwise meets the requirements of the Standards. § 4.3, 4.5, 4.7.

E. Picnic Pavilion. The knee clearance at the picnic table is 17 3/4 inches deep. Provide an accessible picnic table that has a knee clearance sufficient to accommodate a person using a wheelchair. See Standards § 4.32.3, Fig. 45.

F. Men’s Restroom.

(1) The men’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) The designated accessible stall is 37 1/2 inches wide and 59 inches deep and has no rear grab bar. Provide a “standard” accessible toilet stall in each room at least 60 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the Standards. Standards §§ 4.13, 4.17, 4.22, Fig. 30.

(3) The lavatory has twist-type faucets. Replace the faucets with controls that do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.

(4) The door coat hook is mounted 681/4 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.

G. Women’s Restroom.

(1) The women’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) The accessible stall is 37 1/2 inches wide and 59 inches deep. Provide a “standard” accessible toilet stall in each room at least 60 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 water closet, grab bars, size and arrangement, toe clearance and entry door, comply with the Standards. Standards §§ 4.17, 4.22, 4.13, Fig. 30.

29. Peter Rayno Sr. Park. By December 31, 2002, the County shall correct the following to ensure that the programs offered at the Peter Rayno Sr. Park are readily accessible to and usable by individuals with disabilities.

A. Parking. The designated accessible parking space is in the fire lane and extends across the curb ramp, and no van accessible space is provided. Provide at least one van accessible parking space outside of the fire lane served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the international symbol of accessibility. Standards §§ 4.1.2(5), 4.6.4.

B. Accessible Route. There are no accessible routes to the ballfields, dugouts, bleachers, men’s and women’s restrooms, or playground. Provide accessible routes from the accessible parking to the ballfields, dugouts, men’s and women’s restrooms and playground that are firm, stable, and slip-resistant and otherwise comply with the Standards. Standards §§ 4.3, 4.5.

C. Men’s Restroom.

(1) The men’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) There is a 7 1/4 inch step at the entrance to the men’s restroom. Provide a ramp to the entrance that complies with the Standards. Standards § 4.8.

(3) The rim of the urinal in the men’s restroom is 23 1/2 inches above the finish floor. Provide a urinal with an elongated rim that is no more than 17 inches above the finish floor. Standards § 4.18.2.

D. Women’s Restroom.

(1) The women’s restroom does not have an accessible sign. Provide a sign, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) There is a 7 1/4 inch step at the entrance to the women’s restroom. Provide a ramp to the entrance that complies with the Standards. Standards § 4.8.

30. Hanamaulu Beach Park. By December 31, 2003, the County shall correct the following to ensure that the programs offered at the Hanamaulu Beach Park are readily accessible to and usable by individuals with disabilities.

A. Accessible Route. There are no accessible routes to the camping areas. Provide an accessible route to at least one of the camping areas that is stable, firm, and slip resistant and otherwise meets the requirements of the Standards. Standards §§ 4.3, 4.5.

B. Men’s and Women’s Restrooms (Lava Rock).

(1) The men’s and women’s restrooms do not have accessible signs. Provide a sign at each restroom entrance, using raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) The accessible stalls in the men’s and women’s restrooms are 36 inches wide and 59 inches deep. Provide a “standard” accessible toilet stall in each room 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the Standards. Standards §§ 4.17, 4.22, 4.13, Fig. 30.

(3) The doors to the men’s and women’s restrooms are too narrow. Alter the doorways to provide a clear opening width of at least 32 inches measured from the face of the door in a 90 degree open position to the opposite stop. Standards § 4.13.5, Fig. 24.

C. Men’s and Women’s Restrooms (Wooden Comfort Station).

(1) There are raised stepping stones and steps to the entrance of the women’s restroom and steps that lead to the men’s restroom. Provide accessible routes to the men’s and women’s restrooms that are stable, firm and slip resistant and that contain ramps to the entrances that comply with the Standards. Standards §§ 4.5.1, 4.8.

(2) The men’s and women’s restrooms do not have accessible toilet stalls. In each room, provide a “standard” accessible 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 water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the requirements of the Standards. Standards §§ 4.22, 4.13, 4.17, 4.26, Fig. 30.

(3) The lavatories in the men’s and women’s restrooms provide knee clearance of 26 inches above the finish floor to the bottom of the apron. Provide a lavatory in each room with knee clearance of at least 29 inches above the finish floor to the bottom of the apron. Standards § 4.19.2, Fig. 31.

D. Picnic Shelter near Campground.

(1) There is no accessible route to the picnic shelter. Provide an accessible route to the shelter that is stable, firm, and slip resistant and that otherwise meets the requirements of the Standards. Standards §§ 4.3, 4.5.

(2) The only means of access to the shelter is the stairs. Provide a ramp to the picnic shelter that meets the requirements of the Standards. Standards § 4.8.

E. Picnic Shelter at Lava Rock Comfort Station. The ramp to the picnic shelter has a slope that is greater than 1:12 and does not have handrails or edge protection. Provide a ramp to the pavilion that meets all the applicable requirements of the Standards. Standards § 4.8.

31. Spouting Horn Park. By December 31, 2003, the County shall correct the following to ensure that the programs offered at Spouting Horn Park are readily accessible to and usable by individuals with disabilities.

A. Parking. There are between 26 and 50 parking spaces in the designated parking lot, with no accessible parking spaces. Provide at least two accessible parking spaces that meet the requirements of the Standards for access aisle, signage, etc., and provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the international symbol of accessibility (the van accessible space may be one of the two accessible spaces provided). Standards §§ 4.1.2(5), 4.6.4, Fig. 9.

B. Men’s and Women’s Restrooms.

(1) The men’s and women’s restrooms do not have accessible signs. Provide a sign at each restroom entrance, using raised characters and Braille, so that the centerline is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) The designated accessible stalls in the men’s and women’s restroom are 36 inches wide and 60 inches deep and the stall doors are 30 1/4 inches wide. Provide a “standard” accessible stall in each restroom 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 water closet, grab bars, size and arrangement, toe clearances, and entrance door, comply with the Standards. Standards §§ 4.17, 4.13, 4.22, Fig. 30.

(3) Men’s Restroom. The rim of the urinal in the men’s restroom is 23 1/2 inches above the finish floor. Provide a urinal with an elongated rim that is no more than 17 inches above the finish floor. Standards § 4.18.2.

32. Kalaheo Neighborhood Center. By December 31, 2004, the County shall correct the following to ensure that the programs offered at the Kalaheo Neighborhood Center are readily accessible to and usable by individuals with disabilities.

A. Parking. There is no van accessible parking space identified. Provide at least one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the international symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4, Fig. 9.

B. Men’s and Women’s Dressing Rooms.

(1) The designated accessible toilet stalls in the men’s and women’s dressing rooms are more than 60 inches long and 41 inches wide, the doors swing into the clear floor space of the toilets, the centerlines of the toilets are 21 1/2 inches from the side wall, the toilet paper dispensers are 40 inches from the back wall, and there are no grab bars. Provide a “standard” accessible stall in each room at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) with an outward swinging door or an inswinging door only if the stall is at least 96 inches long such that all of the stall’s elements, including water closet, grab bars, size and arrangement, toe clearance, and entry door, comply with the Standards. Standards §§ 4.22, 4.17, 4.13, Fig. 30.

(2) The coat hooks on the doors of the designated accessible toilet stalls are mounted 66 1/2 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side reach or not more than 48 inches above the finish floor for a forward reach. Standards §§ 4.2.5, 4.2.6, 4.25.3.

33. Hanapepe Stadium. By December 31, 2002, the County shall correct the following to ensure that the programs offered at Hanapepe Stadium are readily accessible to and usable by individuals with disabilities.

A. Accessible Route. There is no accessible route to the ticket window, the men’s restroom, or the ramp that leads to the wheelchair seating area. Provide accessible routes from the accessible parking to the ticket window, the men’s restroom, and the ramp to the wheelchair seating area that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards §§ 4.3, 4.5.

B. Counter. The top of the service counter for Billing and Accounting is 46 1/2 inches above the finish floor. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards; or provide access to services transacted at this counter through alternate means. If the County chooses not to alter the service counter referenced in this paragraph, the County shall develop a policy statement that identifies the methods that will be used to ensure that individuals with disabilities are afforded access to the programs, services and activities that are available at the service counter. Standards § 7.2(2).

34. Waimea Police Substation. By December 31, 2002, the County shall correct the following to ensure that the programs offered at the Waimea Police Substation are readily accessible to and usable by individuals with disabilities.

A. Parking. There is no accessible parking space. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional “van-accessible” sign mounted below the international symbol of accessibility. Standards §§ 4.1.2(5), 4.6.4, Fig. 9.

B. Accessible Route. There is no accessible route to the ramp to the entrance. Provide an accessible route from the accessible parking to the entrance ramp that is firm, stable, and slip-resistant and otherwise complies with the Standards. Standards §§ 4.3, 4.5.

C. The threshold at the entrance exceeds 1/2 inch. Alter the threshold so that the change in level is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards § 4.13.8.

IMPLEMENTATION AND ENFORCEMENT

35. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

36. If at any time the County 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.

37. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the County 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 County, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

38. 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.

39. In the event that the County fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may initiate appropriate steps to enforce section 504 of the Rehabilitation Act..

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

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

42. 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, 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 County's continuing responsibility to comply with all aspects of the ADA.

43. This Agreement will remain in effect for five years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the County has been achieved.

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

FOR THE UNITED STATES:

WILLIAM R. YEOMANS,
Acting Assistant Attorney General for Civil
Rights


By:__________________________
JOHN WODATCH, Chief
SUSAN B. REILLY, Deputy Chief
NAOMI MILTON, Supervising Attorney
BRENDA SHEPPARD, Investigator
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738


Date __November 16, 200____

FOR THE COUNTY OF KAUAI

By:__________________________
MARYANNE W. KUSAKA
MAYOR, COUNTY OF KAUAI


Date __November 9, 2001____

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March 11, 2002