Settlement Agreement between the United States and against Laurens County, South Carolina, Attachment (I)

Attachment I

Modifications to Newly Constructed Facilities

Please Note: Paragraph 35 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the County will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

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

1. Within twelve months of the effective date of this agreement, the County shall compete the following modifications to the Johnson Detention Center, located at 154 Templeton Road, Laurens, South Carolina 29360:

a. Telephone - Visitor's Entrance: The telephone inaccessible because the highest operable part is 56 inches above the finished floor. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards. Standards §§ 4.1.3(17), 4.31, 4.30.7(2).

b. Visitation:

i. The counter is 43 inches high. The Visitation Counter is inaccessible because it is 43 inches from the finished floor to the top of the counter. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

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

c. Magistrate Court

i. The Magistrate Counter is inaccessible because it is 43 inches from the finished floor to the top of the counter. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

d. Unisex Toilet Rooms

i. Magistrate Court

(1) The signage provided for the Magistrate Court restroom is inaccessible because it is mounted on the door. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The door to the Magistrate Court restroom is inaccessible because the pressure required to open the door is 12 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

(3) No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

(4) The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

(5) The toilet paper dispenser is inaccessible because it is mounted above the grab bar and interferes with its use. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

(6) The side grab bar at the toilet is inaccessible because it is only 36 inches in length. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, Fig. 29(b).

(7) The rear grab bar at the toilet is inaccessible because it is only 24 inches in length. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, Fig. 29.

e. Booking, Medical Unit, and Multipurpose Room Toilet Rooms. For each:

(1) This single user toilet room contains a number of inaccessible elements and is not accessible to people with disabilities. Provide an accessible toilet room such that all of the room's elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

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

f. Sally Port - Booking: The route to the booking area is inaccessible because the firearm lock boxes and the metal counters protrude into the circulation route and would not be detectable to a blind person using a cane. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards §§ 4.1.2(3), 4.4.

g. Inmate Housing Area - Within four months of the effective date of this agreement, the County shall move the Men's Maximum housing unit to the second floor, currently occupied by women, and move the Women's housing unit to the first floor, currently occupied by men.

i. Men's - Maximum (Cells Style)

(1) Toilet (located in the cell): The toilet is inaccessible because no grab bars are provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bars and the wall; and at least 1½ inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

(2) The desk is inaccessible to persons who use wheelchairs, due to built-in chairs. Provide an accessible table on an accessible route at least 36 inches wide. Ensure that the table has clear floor space of 30 inches wide by 48 inches deep, knee clearance of at least 27 inches high by 30 inches wide by 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor. Standards §§ 8.2, 4.2.4.1, 4.32.

(3) The shower provided is not accessible. Provide in the Men's Maximum housing unit (soon to be Women's housing) a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening in the accessible cell. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

(4) The telephone for the Mens - Maximum Housing Area is inaccessible because no volume control mechanism is provided and the telephone cord length is only 16 inches. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards. Standards §§ 4.1.3(17), 4.31, 4.30.7(2).

ii. Men's Trustee Unit - Bunk Style

(1) Toilet Room

(a) The door to the toilet room for the Men's Trustee Unit is inaccessible because there is a 3/4 inch change in level at the threshold to the door. Provide an accessible door with a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(a), 4.13.8, 4.5.2.

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

(c) The toilet paper dispenser is inaccessible because it is mounted on the rear wall. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

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

(2) Tables: Due to the fixed seats, there is no table that is accessible to persons who use wheelchairs. Provide at least one table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground. Standards §§ 4.32.3, 4.32.4.

iii. Men's - Minimum (Bunk Style)

(1) Toilet Room

(a) The toilet paper dispenser is inaccessible because it is mounted on the back wall. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

(b) The showers provided are inaccessible because there is a 6 inch step to access each of them, there are no grab bars provided, and the shower heads are fixed at a standing height. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

(c) The towel hooks are inaccessible because they are mounted 72 inches above the finished floor. Provide a towel hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(2) Telephone: The telephone for the Mens - Minimum Housing Unit are inaccessible because no volume control mechanism is provided and the telephone cord length is 16 inches. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards. Standards §§ 4.1.3(17), 4.31, 4.30.7(2).

iv. Second Level

(1) Vertical access is not provided. Within four years of the effective date of this agreement, the County shall compete the proposed addition to the detention center that will include vertical access to the second level. The County will submit all architectural plans in a timely manner for review by the Department of Justice. Standards §§ 4.1.5.