Attachment A to Settlement Agreement between the United States of America and Loudon County in DJ# 204-70-67.
BACKGROUND
SCOPE OF THE INVESTIGATION
1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131-12134, with the United States Department of Justice (“Department”) against the County of Loudon, Tennessee (“County”). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complainant alleged that the County’s newly-constructed Courthouse Annex Building and the historic Williamson House, which is not owned by the County but in which some County programs are conducted, are inaccessible to individuals with mobility impairments.
2. Because the County receives financial assistance from the Department of Justice, the investigation was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G.
3. As part of its review, the Department expanded the scope of the investigation to include the County’s compliance with the following title II requirements:a. 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. § 35.105;
b. To notify applicants, participants, beneficiaries, and other interested persons of their rights and the County’s obligations under title II and the Department’s regulation, 28 C.F.R. § 35.106;
c. To designate a responsible employee to coordinate its efforts to comply with and carry out the County’s ADA responsibilities, 28 C.F.R. § 35.107(a);
d. To establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
e. 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:i. 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,
ii. physical changes to buildings (required to have been 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), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.f. 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;
g. To ensure that communication with applicants, participants, and members of the public with disabilities is as effective as communication with others, including furnishing appropriate auxiliary aids and services when necessary, 28 C.F.R. § 35.160;
h. Where the County communicates by telephone, to communicate through a text telephone (TTY), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;
i. To provide direct access via TTY or computer-to-telephone emergency services, including 9-1-1 services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;
j. 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);
k. 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).4. The Department reviewed the Loudon County Sheriff’s Department’s policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.
5. The Department reviewed the County’s policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.
6. The Department conducted program access reviews of the following polling places, neither of which is owned by the County, or operated by it, except during elections:a. Tellico Village Recreation Center
b. Memorial BuildingThese reviews were limited to the areas of the facilities used by the voting public: parking, the routes from the parking areas to the areas used for voting, and the areas used for voting.
7. As part of its compliance review, the Department reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements:a. County Health Department
b. Courthouse Annex
c. Juvenile Center
d. Justice Center (alterations are currently under construction, so only plans and construction documents were reviewed)
e. Highland Park School
f. Loudon High School
g. Philadelphia School
h. North Middle School
i. Greenback School.Some of these reviews were limited to the areas open to the public during elections or when the facilities are used as emergency shelters.
8. Finally, the Department’s program access review covered those of the County’s programs, services, and activities that operate in the following facilities built prior to 1992 and not altered since then:a. County Office Building
b. Courthouse
c. Senior Citizens’ Center
d. Tech Center (the review of the Tech Center was limited to the elements of the facility used by the public during elections)
e. Williamson House, which is not owned by the County, but in which several County programs are conducted.
JURISDICTION9. The ADA applies to the County because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).
10. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the County with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. 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 pursuant to Subpart F.
11. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the County’s compliance with section 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 and 42.108-110, to suspend or terminate financial assistance to the County provided by the Department of Justice 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.
12. The parties to this Agreement are the United States of America and Loudon County, Tennessee.
13. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.
14. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled “Enforcement and Implementation.”
ACTIONS TAKEN BY COUNTY15. The County has appointed Leo Bradshaw, Loudon County Building Commissioner, as the ADA Coordinator.
16. The County reports that its Self-Evaluation and Transition Plan was completed soon after the effective date of title II.
17. The County has installed TTY’s or TTY-enabled computers at each 9-1-1 call station.
18. The County has already adopted many employment policies to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the ADA, 29 C.F.R. Part 1630. The County’s current policies require that it:a. will not discriminate on the basis of disability in its hiring or employment practices;
b. will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the County’s business; and
c. will maintain any employee’s medical records separate from personnel files and keep them confidential.19. To provide accessibility to persons with disabilities at the entrance of the Courthouse, built in 1874, without destroying the historic nature of the narrow double-doors at the entrance, the County installed signage indicating that persons who cannot enter unassisted should ring the nearby doorbell. During the Department’s onsite inspection, Department personnel conducted unannounced testing and found that Court personnel responded promptly to the doorbell by opening both doors.
20. The County maintains that all County-owned sidewalks and curbing built after 1992 have been installed according to UFAS or the Standards, including providing curb cuts where such sidewalks and curbing intersect with streets and roadways. The County further maintains that all County-owned sidewalks and curbing built prior to 1992 have been upgraded to meet UFAS or the Standards.
REMEDIAL ACTION
NOTIFICATION
21. Within three months of the effective date of this Agreement, the County will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the County; post the Notice on its Internet Home Page in a format accessible to persons with disabilities; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.
22. Within three months of the effective date of this Agreement will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the County’s accessible programs, services, and activities. The County will submit updated reports on the anniversary dates of the effective date of this Agreement, until the Agreement expires.
GRIEVANCE PROCEDURE
23. Within three months of the effective date of this Agreement, the County will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. The County will also provide copies to any person upon request.
GENERAL EFFECTIVE COMMUNICATION PROVISIONS
24. Within three months of the effective date of this Agreement, the County will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).
25. The County has no central TTY telephone number. Within three months of the effective date of this Agreement, the County will take steps to ensure that all appropriate employees are trained and practiced in using the State of Tennessee Relay Service to make calls to and receive calls from persons who use TTY’s.
9-1-1
26. Within three months of the effective date of this Agreement, the County will develop procedures for answering 9-1-1 calls that include training all call takers to use a TTY to take 9-1-1 calls, to recognize a “silent” open line as a potential TTY call and respond by TTY, and to ensure that TTY calls are answered as quickly as other calls.
27. Within three months of the effective date of this Agreement and continually thereafter, the County will monitor its incoming 9-1-1 TTY calls and take appropriate steps to ensure they are answered as quickly and accurately as other calls.
28. The County will incorporate correct TTY call-taking procedures into 9-1-1 call takers’ performance evaluations and will amend its personnel policies to include written disciplinary procedures for call takers who fail to perform TTY call-taking consistent with the training and procedures. The County will implement and report to the Department its evaluation and procedures within three months of the effective date of this Agreement.
LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION
29. Within three months of the effective date of this Agreement, the County will adapt for its own use and implement the Loudon County Sheriff’s Department Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all Sheriff’s Department officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].
30. Within three months of the effective date of this Agreement, the County will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis for all law enforcement functions, twenty-four hours per day, seven days a week, or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).
31. Within three months of the effective date of this Agreement, the County will ensure that each Sheriff’s station or substation and each jail facility and juvenile facility is equipped with a working TTY to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls to the same extent that similarly-situated non-disabled persons are allowed to make outgoing calls.
EMPLOYMENT
32. As discussed above, the County has already adopted many employment policies to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the ADA, 29 C.F.R. Part 1630. Within three months of the effective date of this Agreement, those policies will be amended to provide that the County:
a. will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position.
b. will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the County’s selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.
VOTING
33. The County recognizes that some of its polling places are not readily accessible to and usable by persons with mobility impairments.
34. Some of the County polling places are owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these polling places by any person or entity, including the Department.
35. Within one month of the effective date of this Agreement, the County will request in writing that the following barriers are removed at Tellico Village Recreation Center. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy of the request to the Department.a. The three designated accessible parking spaces have no access aisles, signs are mounted such that they can be obscured by parked vehicles, and none of the spaces is designated as “van-accessible.” Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and a sign designating the space as “van-accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Provide access aisles at least 60 inches wide for the other two parking spaces designated for persons with disabilities. Standards §§ 4.1.2(5)(a), (b), 4.6.3, Fig. 9, 4.6.4, Fig. 43(b).
b. The front entrance is not accessible because there is no level landing at the door nor does the door have an automatic opener. Provide a level landing or an automatic door opening device. Standards § 4.3.9, 4.13.6, Fig. 25.
c. The ramp between the main reception area and the gym, where voting occurs, has many elements that do not meet the Standards. Provide a ramp so that the slope of each run does not exceed 1:12; the landings between the runs are 60 inches by 60 inches and level; and handrails on both sides of the ramp comply with the Standards. Standards §§ 4.3.8, 4.5.2, 4.8, Fig.17, 4.26.36. Within one month of the effective date of this Agreement, the County will take appropriate steps, including seeking pre-clearance from the Voting Section of the Civil Rights Division of the Department of Justice under the Voting Rights Act of 1965, if necessary, to relocate the voting site at the Memorial Building, located at B Street in Lenoir City. The voting site will relocate to the fully accessible Community Room at the new Roane State College, located 1/2 block from the Memorial Building.
37. Within 14 months of the effective date of this Agreement, the County will survey the Tellico Village Recreation Center and the Memorial Building to determine whether the actions requested by the County have been implemented. If not, for each polling place that still contains inaccessible parking, exterior route, entrance, or interior route to the voting area, the County will identify within 18 months of the effective date of this Agreement an alternate nearby location where these elements are accessible. That identification will utilize the survey instrument that appears as Attachment E to this Agreement. The County will then take immediate steps to change its polling place to the new location.
38. Until all polling places in a precinct or voting district have accessible parking, exterior routes, entrances, and interior routes to the voting area, prior to each election, the County will identify and widely publicize to the public and to disability rights groups the most accessible polling place(s) for each precinct or voting district, starting within three months of the effective date of this Agreement.
39. Within three months of the effective date of this Agreement, the County will provide opportunities for same-day balloting for voters with disabilities whose assigned polling place does not have accessible parking, exterior route, entrance, and interior route to the voting area. The method for providing these opportunities may include allowing the individual to vote at another nearby location that is accessible, vote by an absentee ballot that is accepted if postmarked on the day of the election (or picked up by election officials at the home of the voter on the same day as the election), provide curbside voting at the inaccessible polling place, or any other method that ensures that disabled voters have the same degree of information available to them when casting their ballots as others.
40. Within one year of the effective date of this Agreement, the County will develop and implement a way for persons who are blind or have low vision to vote independently and privately, whether through ballots and instructions in alternate formats (in-person and absentee), Braille templates and audio instructions, the provision of accessible voting machines, or some other method.
41. Within six months of the effective date of this Agreement, the County will make all voter registration materials available in alternate formats, including Braille, large print, and audio tape.
42. Starting six months from the effective date of this Agreement, when the County purchases or otherwise acquires new voting machines, one such newly-acquired machine per polling location will be the most accessible model for persons with disabilities (including those with mobility and visual impairments) that has been approved for County use by the applicable governing authority (e.g., State Secretary of Elections or other such official).
43. Starting three months from the effective date of this Agreement, when setting up its voting equipment, the County will ensure that the equipment’s accessibility to persons with disabilities is maximized, such as setting up table-top equipment on accessible tables and within the reach ranges required by the Standards, as shown in Attachment E.
44. Within one month prior to the next election that utilizes the County polling places, and at least once annually throughout the term of this Agreement, the County will train poll workers on the rights of people with disabilities and the practical aspects of assuring those rights. The training will cover, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people, as necessary; and how to operate the voting equipment (particularly new, accessible equipment)).
EMERGENCY PREPAREDNESS AND RECOVERY
45.
a. If the County contracts with another entity, such as the American Red Cross or another local government, to provide its emergency preparedness plans and emergency response services, the County will ensure that the other entity complies with the following provisions on its behalf.
b. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that it regularly solicits and incorporates input from persons with a variety of disabilities and disability advocates regarding all phases of its Emergency Operations Plan.
c. Within 6 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that its community evacuation plans enable those who have mobility impairments, vision impairments, hearing impairments, cognitive disabilities, mental illness, or other disabilities to safely self-evacuate or be evacuated by others. Some communities are instituting voluntary, confidential registries of persons with disabilities who may need individualized evacuation assistance or notification. If the County adopts or maintains such a registry, its report to the Department will discuss its procedures for ensuring voluntariness, appropriate confidentiality controls, and how the registry will be kept updated, as well as its outreach plan to inform persons with disabilities of its availability. Whether or not a registry is used, the County plan should address accessible transportation needs for persons with disabilities.
d. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that if its emergency warning systems use sirens or other audible alerts, it will also provide ways to inform persons with hearing impairments of an impending disaster. The use of auto-dialed TTY messages to pre-registered individuals who are deaf or hard of hearing, text messaging, e-mails, open-captioning on local TV stations and other innovative uses of technology may be incorporated into such procedures, as well as lower-tech options such as dispatching qualified sign language interpreters to assist with emergency TV broadcasts.
e. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that at least one emergency shelter has a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice). Such shelter(s) will be made available to persons whose disabilities require access to electricity and refrigeration, for example, for using life-sustaining medical devices, providing power to motorized wheelchairs, and preserving certain medications, such as insulin, that require refrigeration. The written procedures will include a plan for notifying persons of the location of such shelter(s).
f. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that persons who use service animals are not separated from their service animals when sheltering during an emergency, even if pets are normally prohibited in shelters. The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons with disabilities who should not be in contact with certain types of animals, such as those with asthma, severe allergies, or certain phobic reactions.
g. Some of the of the County’s emergency shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.
h. Within 3 months of the effective date of this Agreement and until all emergency shelters have accessible parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms serving the shelter area, the County will identify and widely publicize to the public and to disability rights groups the most accessible emergency shelters.
i. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that it has identified temporary accessible housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if people with disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features such as ramps or electrical systems have been compromised. If the County does not provide temporary housing for non-disabled residents, it does not have to provide temporary housing for persons with disabilities, but its plan should recognize that persons with disabilities may need assistance identifying accessible temporary housing. If the County does provide temporary emergency housing, its plan should take into account that persons with disabilities may need temporary housing for longer periods than others if necessary accessible features of their homes have been compromised.
j. Within 3 months of the effective date of this Agreement, the County will implement and report to the Department its written procedures that ensure that during clean-up operations, such as the removal of debris after a hurricane or tornado, people with disabilities know how to inform the government of areas of significant concern (for instance, city workers piling debris on sidewalks, blocking access for persons who use wheelchairs).
SIDEWALKS
46. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts at particular locations.
47. Within three months of the effective date of this Agreement, the County will identify and report to the Department all County-owned streets, roads, and highways, if any, that have been constructed or altered since January 26, 1992, that have curbs or other barriers to entry from all intersecting street-level pedestrian walkways. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all such intersections identified under this paragraph.
48. Beginning no later than one month of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street-level pedestrian walkway, whenever a new street, road, or highway is constructed or altered.
49. Within three months of the effective date of this Agreement, the County will identify and report to the Department all County-owned street-level pedestrian walkways, if any, that have been constructed or altered since January 26, 1992, that have curbs or other barriers to entry from all intersecting streets, roads, and highways. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street-level pedestrian walkway identified under this paragraph intersects with a street, road, or highway.
50. Beginning no later than three months of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway.
PHYSICAL CHANGES TO FACILITIES
51. The elements or features of the County’s facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the County’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.
52. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement.
53. Within nine months of the effective date of this Agreement, the County will install signage as necessary to comply with 28 C.F.R. § 35.163(b) and Standards § 4.1.2(7)(c), after having surveyed all County facilities for the purpose of identifying those that have multiple entrances not all of which are accessible. Inaccessible entrances shall have directional signage to indicate the route to the nearest accessible entrance.Newly Constructed Facilities: 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:
54. The County will make the following modifications within one year of the effective date of this Agreement to the County Health Department, located at 210 River Road, Loudon, TN, constructed in 1992:a. The parking space designated for persons with disabilities is not served by an adjacent access aisle, nor is it identified as van-accessible. Provide at least one 96-inch wide van-accessible parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a), (b), 4.6.3, Fig. 9, 4.6.4, Fig. 43(b).
b. Women’s Single-User Toilet Room Off Lobbyi. The toilet room identification sign is mounted on the door. Provide a sign with 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 finished floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of the door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
ii. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
iii. The lavatory faucets have twist-type hardware. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
iv. The lavatory has inadequate knee clearance. Provide clearance of at least 29 inches above the finished floor to the bottom of the apron. Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.
v. The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 43 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.
vi. The toilet centerline is 17 inches from the side wall or partition. Provide a toilet with a centerline exactly 18 inches from the side wall or partition. Standards §§ 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.
vii. The toilet flush valve control is on the narrow side of the toilet stall. Provide a toilet with the flush valve control located on the open or wide side of the stall or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5.
viii. There is no rear grab bar at the toilet. Provide a rear grab bar that is at least 36 inches long and that is mounted no more than 6 inches from the side wall and 33-36 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, Fig. 29(a).
ix. The paper towel dispenser is located at 54 inches above the finished floor for a forward reach. Provide a dispenser so that it is no more that 48 inches above the finished floor for a forward reach. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5.
x. There is no visual alarm appliance in the toilet room. Provide a visual alarm device in the toilet room that permits persons with hearing impairments to be alerted in the event of emergency. Standards §§ 4.1.3(14), 4.28.1, 4.28.3.c. Men’s Single-User Toilet Room Off Lobby
i. The toilet room identification sign is mounted on the door. Provide signage, with 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 finished floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of the door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
ii. The lavatory faucets have twist-type hardware. Provide controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist to operate. §§ 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
iii. The lavatory has inadequate knee clearance. Provide clearance of at least 29 inches above the finished floor to the bottom of the apron. Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.
iv. The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 42-1/2 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.
v. There is no rear grab bar at the toilet. Provide a rear grab bar that is at least 36 inches long and is mounted no more than 6 inches from the side wall and 33-36 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, Fig. 29(a).
vi. The paper towel dispenser is located at 54 inches above the finished floor for a forward reach. Provide a dispenser that is no more than 48 inches above the finished floor for a forward reach. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5.
vii. There is no visual alarm appliance in the toilet room. Provide a visual alarm device in the toilet room that permits persons with hearing impairments to be alerted in the event of an emergency. Standards §§ 4.1.3(14), 4.28.1, 4.28.3.d. Lobby Drinking Fountain. The spout outlet of the drinking fountain is 41 inches above the finished floor. Provide a fountain with a spout no more than 36 inches above the finished floor that is accessible to a person in a wheelchair and a fountain that is accessible to persons who have difficulty bending and stooping. Standards §§ 4.1.3(10)(a), 4.15.2.
e. Lobby Service Counter. The top of the lobby service counter is 42 inches above the finished floor. Provide a 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 close proximity to the main counter, or provide equivalent facilitation. Standards § 7.2(2).
f. The County will also submit its construction plans for its new Health Department Building, within two months of the effective date of this Agreement.55. The County will make the following modifications within one year of the effective date of this Agreement, except as otherwise noted, to the Courthouse Annex, located at 101 Mulberry Street, Loudon, TN, constructed in 1996:
a. Assistive Listening Systems and Devices. None of the facilities’ meeting or assembly rooms is equipped with an assistive listening system. Provide permanent assistive listening systems or an adequate number of electrical outlets or other supplementary wiring in the meeting and assembly rooms necessary to support portable assistive listening systems, with a minimum number of receivers provided equal to 4% of the total number of seats, but no less than 2 receivers, and signage indicating the availability of assistive listening devices, including the International Symbol of Access for Hearing Loss. Standards §§ 4.1.6(1)(b), 4.1.3(19)(b), 4.33.7, Fig. 43(d).
b. Elevator. There is no elevator linking the upper and lower levels of this facility. The Department’s title II regulation specifically provides that the elevator exemptions contained in Standards § 4.1.3(5) do not apply to title II facilities. 28 C.F.R. § 35.151(c). Within three years of the effective date of this Agreement, provide an elevator to ensure an interior accessible route between both floors of this facility and ensure that all elevator elements comply with the Standards. Standards §§ 4.1.3(5), 4.10.
c. Permanent Room Signage. The permanent room number signs throughout the facility do not comply with the Standards. Provide room number signs that have raised and Brailled characters, appropriate finish and contrast, and are mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor. Standards §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
d. Stair Hand Rails. The hand rails at the top and bottom of the interior stairs do not extend beyond the top and bottom of the stairs. Provide hand rails that extend 12 inches beyond the top and bottom of the stairs. Standards §§ 4.1.3(4), 4.9.4(2), 4.26.
e. Upper Parking Lot. There are 30 total parking spaces, 2 of which are designated for persons with disabilities. Both of the designated spaces lack adjoining access aisles, have slopes varying between 1:16 and 1:14, and lack vertical signage. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and a second space served by a minimum 60-inch wide access aisle (or the 2 accessible spaces may share an access aisle). For the space served by the 96-inch wide access aisle, provide a “van-accessible” sign mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Provide appropriate signage for the other accessible parking space in a location that cannot be obscured by a vehicle parked in the space. Ensure that the slopes and cross-slopes of the access aisles do not exceed 1:50 in any direction. Standards §§ 4.1.2(5)(a)(b), 4.6.3, Fig. 9, 4.6.4, Fig. 43(b).
f. Entrance from Upper Parking Loti. The slope of the curb cut from the upper parking lot to the sidewalk outside the building entrance is 1:9.5. Provide a curb cut with maximum slope of 1:12. Standards §§ 4.1.2(1), 4.7.2, 4.8.2.
ii. The slope of the concrete leading to the front entrance from the upper parking lot exceeds 1:11. Provide a ramp to the entrance with a slope no more than 1:12 and containing all elements required by the Standards, including handrails. Standards §§ 4.1.2(1), 4.3, 4.8, 4.26.
iii. This entrance lacks signage indicating that it is the only route for persons with disabilities to the upper level, until the required elevator is installed. Standards § 4.1.2(7)(c).
iv. This entrance lacks signage directing persons with disabilities who wish to go to the lower level that they have to enter through the lower level entrance off Mulberry Street, until the required elevator is installed.g. Lower Level Entrance off Cedar Street
i. This entrance lacks signage indicating that it is the only route for persons with disabilities to the lower level, until the required elevator is installed. Standards § 4.1.2(7)(c).
ii. The route to the lower entrance varies between 1:12 and 1:11, exceeding in part the maximum allowable slope for a ramp, and it lacks handrails. Provide a ramp to the entrance with a slope no more than 1:12 and containing all elements required by the Standards, including handrails. Standards §§ 4.1.2(1), 4.3, 4.8, 4.26.h. Exterior Signage at Base of Steps Leading to Upper Level from Mulberry Street. This inaccessible entrance up a flight of stairs to the upper level lacks signage directing persons with disabilities to the alternate entrance to the upper level from the upper parking lot. Standards § 4.1.2(7)(c).
i. Women’s Toilet Room - Lower Leveli. The signage is located on the door. Provide a sign on the wall adjacent to the latch side of the door so that the centerline is 60 inches above the ground and so that a person can approach within 3 inches of the signage without encountering obstructions or standing within a door swing. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
ii.The pressure required to open the toilet room door is 8 pounds. Ensure that the force required to open the door is no more than 5 pounds. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).
iii.The paper towel dispenser control requires tight grasping to operate. Provide a control that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.22.7, 4.27.4.
iv.The right-hand lavatory is obstructed by a waste paper can and the approach to the left-hand lavatory is obstructed by the location of the paper towel holder. Provide and maintain an unobstructed access to one of the lavatories. Standards §§ 4.1.3(11), 4.22.6, 4.19.3.
v. The flush valve control of the toilet room is located on the narrow side of the toilet. Provide a flush control on the toilet that is located on the side of the toilet facing the open (wide) side of the toilet or provide an automatic control. Standards §§ 4.1.3(11), 4.22.4, 4.16.5.
vi. The side grab bar in the designated accessible stall is 36 inches long. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30(a), 4.26.
vii. The door coat hook in the toilet stall designated for persons with disabilities is located 56 inches above the finished floor. Provide a hook that is no more than 54 inches above the floor for a side reach or 48 inches above the floor for a front reach. Standards §§ 4.1.3(11), 4.2.5, 4.2.6.
viii. The toilet paper dispenser is located at 18 inches above the finished floor. Provide a dispenser that is at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6, and Fig. 29(b).j. Men’s Toilet Room - Lower Level
i. The toilet room identification sign in mounted on the door. Provide a sign with 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 finished floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of the door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
ii. The pressure required to open the door to the men’s toilet room is 11 pounds. Ensure that the force required to open the door is no more than 5 pounds. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).
iii. The paper towel dispenser control requires tight grasping to operate. Provide a control that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.22.7, 4.27.4.
iv. The side grab bar in the designated accessible toilet stall is only 36 inches long. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30(a), 4.26.
v. The urinal in the toilet room lacks an elongated rim. Provide an accessible urinal with an elongated rim that is mounted no higher than 17 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2.k. Upper Level Women’s Toilet Room
i. The pressure required to open the door to this toilet room is 8 pounds. Ensure that the force required to open the door is no more than 5 pounds. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).
ii. The paper towel dispenser control requires tight grasping to operate. Provide a control that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.3(11), 4.22.7, 4.27.4.
iii. A trash can obstructs the clear floor space in front of the lavatory designated for persons with disabilities. Provide and maintain clear floor space in front of and under the lavatory that is at least 30 inches wide by 48 inches deep. Standards §§ 4.1.3(11), 4.22.6, 4.19.3.
iv. The flush control of the toilet in the stall designated for persons with disabilities is on the closed or narrow side of the stall. Provide a flush control on the toilet that is located on the side of the toilet facing the open (wide) side of the toilet or an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5.
v. The coat hook in the stall designated for persons with disabilities is 57 inches above the finished floor. Provide a hook that is no more than 54 inches above the floor for a side reach or 48 inches above the floor for a front reach. Standards §§ 4.1.3(11), 4.2.5, 4.2.6.l. Upper Level Men’s Toilet Room
i. The toilet room identification sign is mounted on the door. Provide a sign with 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 finished floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of the door. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
ii. The pressure required to open the door to the men’s toilet room is 8 pounds. Ensure that the force required to open the door is no more than 5 pounds. Standards §§ 4.1.6(b)(1), 4.1.3(7)(b), 4.13.11(2)(b).
iii. The door coat hook in the toilet stall designated for persons with disabilities is located 61 inches above the finished floor. Provide a hook that is no more than 54 inches above the floor for a side reach or 48 inches above the floor for a front reach. Standards §§ 4.1.3(11), 4.2.5, 4.2.6.
iv. The urinal in the toilet room lacks an elongated rim. Provide an accessible urinal with an elongated rim that is mounted no higher than 17 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2.m. Upper Level Drinking Fountain. This drinking fountain is inaccessible to persons who have difficulty bending or stooping. Provide a fountain that is accessible to persons who have difficulty bending and stooping. Standards §§ 4.1.3(10)(a).
56. The County will make the following modifications within one year of the effective date of this Agreement to the Juvenile Center, located at 12665 Highway 11W, built in 1994 and altered in 2000:
a. Parking. The designated parking space for persons with disabilities is not served by an adjacent access aisle, nor does it have appropriate signage. Provide a 96-inch wide van-accessible parking space served by a 96-inch wide access aisle that has a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(a), (b), 4.6.3, Fig. 9, 4.6.4, Fig. 43(b).
b. Accessible Route. The threshold at the entrance door is too high. Provide a threshold that is no greater than 1/2 inch high and beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(a), 4.13.8.
c. Drinking Fountain. The spout of the drinking fountain is 43 inches above the finished floor. Provide a fountain with a spout no more than 36 inches above the finished floor that is accessible to a person in a wheelchair and a fountain that is accessible to persons who have difficulty bending and stooping. Standards §§ 4.1.3(1)(a), 4.15.2.
d. Cells. None of the four cells is accessible to persons with mobility impairments. Provide an accessible cell such that all elements, including the toilet, grab bars, lavatory, and mirror comply with the Standards. Standards §§ 4.1.3(11), 4.22.
e. Women’s Toilet Room.i. This room lacks accessible signage. Provide signage with raised characters and Braille and the International 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 ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, Fig. 43(b).
ii. The toilet’s rear grab bar is 24 inches long. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall, at a height of between 33 and 36 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.6(a), (d).
iii. The hot water and drain pipes beneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
iv. The paper towel dispenser control requires tight grasping to advance the paper towels. Provide a dispenser control that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate, or provide another means for persons with disabilities to dry their hands. Standards §§ 4.1.3(11), 4.22.7, 4.27.4.
v. The paper towel dispenser protrudes into the lavatory’s clear floor space. Provide clear floor space in front of and under the lavatory that is at least 30 inches wide by 48 inches deep. Standards §§ 4.1.3(11), 4.22.6, 4.19.3.
vi. The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 46 inches above the finished floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.f. Men’s Toilet Room
i. The flush valve control of the toilet is located on the narrow side of the toilet area. Provide a flush control so that it is located on the side of the toilet facing the open (wide) side of the toilet area or install an automatic flush device. Standards §§ 4.1.3, 4.22.4, 4.16.5.
ii. The toilet’s rear grab bar is 24 inches long. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall, at a height of between 33 and 36 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, Fig. 30(a), (c).
iii. The hot water and drain pipes beneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.
iv. The paper towel dispenser protrudes into the lavatory’s clear floor space. Provide clear floor space in front of and under the lavatory that is at least 30 inches wide by 48 inches deep. Standards §§ 4.1.3(11), 4.22.6, 4.19.3.
v. The mirror in the toilet room is mounted so that the bottom edge of the reflecting surface is 46 inches above the finished floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the following actions:
57. The County will make the following modifications within one year of the effective date of this Agreement to the Justice Center located at12680 Highway 11W, Lenoir City, TN, built in 1974 and altered most recently in 2002:
a. The parking spaces for persons with disabilities do not have appropriate signage designating them as reserved for persons with disabilities. One space lacks a vertical sign and the other sign is mounted such that a vehicle parked in the space could obscure the sign. Neither space is marked “van-accessible.” Provide signs at each space using the International Symbol of Accessibility, located so that the signs cannot be obscured by a vehicle parked in the space and include one sign designating the space as “van-accessible” that is mounted below the International Symbol of Accessibility. Standards 4.1.2(5)(a), (b), 4.6.4, 4.30.7(1), Fig. 43(b).
b. Women’s Lobby Toilet Room (altered)i. There is no accessible signage. Provide signage with raised characters and Braille and the International 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 ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, Fig. 43(b).
ii. The marble threshold at the entrance door to the toilet room is too high. Provide a threshold that is no higher than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.6, 4.1.3(7)(a), 4.13.8.
iii. The entrance door to the toilet room has only 29 inches of clear opening width. Provide a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.5.
iv. The existing toilet stall designated for persons with disabilities is 60 inches deep and 34 inches wide. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 if the toilet is wall-hung) in the toilet room such that all of the stall’s elements, including the stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.17.
v. The lavatory has twist-type faucets. Provide 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(1)(b), 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.
vi. The hot water and drain pipes beneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
vii. The mirror is mounted so that the bottom edge of the reflecting surface is 50 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6, Fig. 31.c. Men’s Lobby Toilet Room (altered)
i. This toilet room lacks accessible signage. Provide signage with raised characters and Braille and the International 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 ground and so that a person can approach to within 3 inches of the signage without encountering obstructions or standing within a door swing. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, Fig. 43(b).
ii. The existing toilet stall designated for persons with disabilities is 62 inches deep and 40 inches wide. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 if the toilet is wall-hung) in the toilet room such that all of the stall’s elements, including the stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.17.
iii. The hot water and drain pipes beneath the lavatory are not insulated or otherwise configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
iv. The paper towel dispenser is located at 57 inches from the finished floor. Provide a dispenser with a control that is no more than 54 inches above the finished floor for a side reach or 48 inches for a forward reach. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3.
v. The mirror in this room is mounted so that the bottom edge of the reflecting surface is 48 inches above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6, Fig. 31.d. Grand Sessions Court (unaltered, so program access standard applies, except as to newly-installed sound system)
i. There is no accessible wheelchair seating for courtroom spectators. Provide wheelchair seating locations in the spectator seating area that are an integral part of the fixed seating plan, adjoin an accessible route, and have adjacent fixed companion seats. Standards §§ 4.1.3(19)(a), 4.33, Fig. 46.
ii. The force required to open the interior doors is 19 pounds. Ensure that the force required to open the door is no more than 5 pounds. Standards §§ 4.13.11(2)(b).
iii. There is no assistive listening system available in the courtroom, despite the installation of a new sound system. Provide a permanent assistive listening system or an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats, but no less than 2 receivers, and signage indicating the availability of assistive listening devices, including the International Symbol of Access for Hearing Loss. Standards §§ 4.1.6(1)(b), 4.1.3(19)(b), 4.33.7, Fig. 43(d).
iv. There is no accessible route to the jury box, the witness stand, the attorneys’ bench, or other key non-spectator elements of this courtroom. See Paragraph 69 of this Agreement regarding the program access requirements that address this issue.e. Conference Room 2 (altered)
i. The door to the room has knob hardware and the force required to open the door is 21 pounds. Ensure that the force required to open the door is no more than 5 pounds and provide hardware that is easy to use with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.11(2)(b), 4.13.9.
ii. The men’s and women’s toilet rooms near Conference Room 2 are inaccessible to persons with disabilities. Provide accessible toilet rooms or one accessible unisex toilet room such that all of the room’s elements, including the door, door hardware, water closet, size and arrangement, grab bars, controls, lavatory, mirror, and dispensers comply with the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.f. There are no accessible jail cells for persons with disabilities in the Justice Center. Provide plans for at least one fully accessible jail cell for the Department’s approval within 30 days of the effective date of this Agreement. The Department will review the plans within a reasonable period of time to allow the installation of the accessible cell in an expedited manner. After the Department has approved the plans, the County shall ensure the accessible jail cell is provided according to the approved plans within 12 months of the date of the approval.
g. There is no accessible vertical access linking the upper and lower levels of this facility. No later than one year from the effective date of this Agreement, the County will install an incline lift in the stairway northwest of the courtroom to ensure that there is an interior accessible vertical route between both floors of the facility.58. The Department reviewed the elements of Highland Park School that are used by the voting public: the parking serving the voting area, the route from the parking area to the area used for voting, and the area used for voting. This facility, located at 4404 Highway 11E, Lenoir City, TN, was built in 1970 and most recently altered in 2001. The County will make the following modifications to this facility within six months of the effective date of this Agreement:
a. The parking space designated for persons with disabilities is not marked as “van-accessible” and its access aisle is only 68 inches wide. Provide a space with a minimum 96-inch wide access aisle and a sign designating the space as “van-accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Ensure that the slope and cross-slope of the space and access aisle does not exceed 1:50. Standards §§ 4.1.6(1)(b), 4.1.2(5)(a), (b), 4.6.3, 4.6.4, Figs. 9, 43(b). The County will provide this alternative van accessible parking space directly in front of the school entrance during the voting period.
b. The voting area entrance to the school has a one-inch threshold. Provide a threshold so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.6(1)(b), 4.1.2(1), 4.3.8, 4.5.2.59. The Department reviewed the cafeteria elements of Loudon High School that are used by the voting public: the parking serving the cafeteria, the route from the parking area to the cafeteria, and the entrance to the cafeteria. The Department also reviewed the gym elements of this facility that are available to the public when it is used as an emergency shelter, including the parking lot serving the gym, the route from the parking lot to the gym, and the toilet rooms serving the gym. This facility, located at 1039 Mulberry Street in Loudon, TN, was originally built in 1965 and altered in 2002. The County will make the following modifications to this facility within one year of the effective date of this Agreement:
a. Cafeteria Parking. There are no access aisles or signs at the two parking spaces designated for persons with disabilities near the voting area. Provide at least one 96-inch wide van-accessible parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(a), (b), 4.6.3, 4.6.4, Fig. 43(b).
b. Cafeteria Entrance. The entrance to the cafeteria, where voting occurs, has a one-inch threshold. Provide a threshold so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.8.
c. Gym Parking. The parking area serving the gym, which is used as an emergency shelter, has 46 spaces, 2 of which are designated for persons with disabilities. These spaces are separated by an unstriped access aisle. Provide a striped access aisle of at least 96 inches wide. At one space, install a vertical sign designating the space as “van-accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Provide a vertical sign with the International Symbol of Accessibility in the other space in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(a), (b), 4.6.3, 4.6.4, Fig. 43(b).
d. Women’s Toilet Room – Gym.i. There is only 35 inches plus the width of one door in the vestibule created by the two doors in a series. Provide a minimum space of 48 inches plus the width of any door swinging into the space within the vestibule created by the two hinged doors in a series. Ensure that the doors swing in the same direction or away from the vestibule created by the space between the doors. Standards 4.1.6(1)(b), 4.1.3(7)(b), 4.13.7.
ii. The stall designated for people with disabilities is the “alternate” stall configuration. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 if the toilet is wall-hung) in the toilet room such that all of the stall’s elements, including the stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.17.
iii. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.3(11), 4.22.6, 4.19.4.e. Men’s Toilet Room – Gym.
i. The stall designated for people with disabilities is the “alternate” stall configuration. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 if the toilet is wall-hung) in the toilet room such that all of the stall’s elements, including the stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.17.
ii. The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
iii. The paper towel dispenser is located at 59 inches above the finished floor for a forward reach. Provide a dispenser so that it is no more that 48 inches above the finished floor for a forward reach. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5.f. In the event that the County decides to designate another site as an emergency shelter, the County agrees that such shelter will be fully accessible to persons with disabilities. Further, if the Loudon High School continues as a voting site, only subparagraphs 59.a.b.&.c will be required.
60. The Department reviewed the elements of The Philadelphia School that are used by the voting public: the parking serving the voting area, the route from the parking area to the area used for voting, and the area used for voting. This facility, located at 300 Spring Street in Philadelphia, TN, was originally built in 1955 and most recently altered in 1994. The County will make the following modifications to this facility within six months of the effective date of this Agreement:
a. The parking space designated for persons with disabilities lacks a marked access aisle and a sign indicating that it is van-accessible. Provide at least one 96-inch wide van-accessible parking space served by an access aisle at least 96 inches wide and install a sign designating the space as “van-accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4, Fig. 43(b).
b. There is no curb cut near the access aisle. Provide a curb cut in or near the access aisle that complies with the Standards. Standards §§ 4.1.6(1)(b), (cites)61. The Department reviewed the elements of North Middle School that are used by the voting public: the parking serving the voting area, the route from the parking area to the area used for voting, and the area used for voting. This facility, located at 421 Hickory Creek Road, Lenoir City, TN, was first built in 1978 and altered in 2002. The County will take appropriate steps, including seeking pre-clearance from the Voting Rights Section of the Civil Rights Division of the Department of Justice, if necessary, to relocate the voting site to the new North Intermediate School, which has an accessible route and parking. The County will submit pictures and other supporting documentation within three months of the effective date of the Agreement to demonstrate that the North Intermediate School is accessible.
62. The Department reviewed the elements of The Greenback School that are used by the voting public and persons who may use the facility as an emergency shelter: the parking serving the gym, the route from the parking area to the gym, the gym, and the toilets serving the gym. This facility, located at 400 Chilhowee Ave., Greenback, TN, was originally constructed in 1920 and most recently altered in 2002. The County will make the following modifications to this facility within one year six months of the effective date of this Agreement:a. Parking Area Serving the Gym. There are 90 total parking spaces in the area serving the gym. Two are designated for persons with disabilities, but neither has an access aisle or vertical signage. Provide four accessible spaces for persons with disabilities, one of which is a van-accessible space. The van-accessible space should be 96 inches wide and be served by a 96-inch wide access aisle and vertical signage containing the words “van-accessible” below the International Symbol of Accessibility in a location that cannot be obscured by a parked vehicle. The other spaces should be 96 inches wide and served by minimum of 60-inch access aisles and vertical signage with the International Symbol of Accessibility in a location that cannot be obscured by a parked vehicle. Standards §§ 4.1.6(1)(b), 4.1.2(5)(a), (b), 4.6.3, Fig. 9, 4.6.4, Fig. 43(b).
b. Men’s Toilet Serving the Gym.i. The entrance door to the men’s toilet room has only 27 inches of clear opening width. Provide a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.5.
ii. The pressure required to open the door to the men’s toilet room is 25 pounds. Ensure that the force required to open the door is no more than 5 pounds. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.11(2)(b).
iii. There are three toilet stalls, but none is accessible to persons with disabilities. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 if the toilet is wall-hung) in the toilet room such that all of the stall’s elements, including the stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.17.
iv. Neither lavatory has the necessary knee clearance. Provide clearance to at least one lavatory of at least 29 inches above the finished floor to the bottom of the apron. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.
v. The hot water and drain pipes on the lavatories are not insulated or otherwise configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.
vi. The paper towel dispenser is located at 62 inches above the finished floor. Provide a dispenser that it is no more that 48 inches above the finished floor for a forward reach or 54 inches above the finished floor for a side reach. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.c. Women’s Toilet Serving the Gym.
i. The entrance door to the women’s toilet room has only 27 inches of clear opening width. Provide a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.5.
ii. There are four toilet stalls, but none is accessible to persons with disabilities. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 if the toilet is wall-hung) in the toilet room such that all of the stall’s elements, including the stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.17.d. In the event that the County decides to designate another site as an emergency shelter, the County agrees that such shelter will be fully accessible to persons with disabilities. Further, if the Greenback School continues as a voting location, only subparagraph 62.a. will be required.
Program Access in Existing Facilities: In order to ensure that each of the County’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the following actions.
63. 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.
64. The County will make the following modifications within one year of the effective date of this Agreement to the County Office Building located at 100 River Road, Loudon, TN, built in 1954:
a. The threshold entrance to the front door is beveled to 1/2 inch, then there is an additional door stop that adds another 1/2 inch to the height of the threshold, for a total of 1 inch. Provide a threshold so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.
b. The exterior side door to the library space opens into one of the parking spaces designated for persons with disabilities, which is located just outside of the doorway. Provide a 96-inch wide access aisle alongside the building with a 96-inch wide designated van-accessible parking space adjoining it, so that the swing of the exterior library door opens onto the access aisle and not the parking space. Provide signage designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Because there are 42 total parking spaces, maintain the second 96-inch wide space with a 60-inch access aisle and signage with the International Symbol of Accessibility in a location that cannot be obstructed by a vehicle parked in the space. Standards §§ 4.1.2(5)(a), (b), 4.6.3, Fig. 9, 4.6.4, Fig. 43(b).
c. The clear opening width of the exterior side door to the library space is 29-1/2 inches. Provide a minimum clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards §§ 4.13.5, Fig. 24(b).
d. The Library’s interior door to the main interior hallway has knob hardware and the door is kept closed to keep out noise. Provide door hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.
e. Women’s Toilet Roomi. Stored copier paper and a ladder in the entry way narrow the width of the path of travel to the toilet room to 23 inches. Provide and maintain an accessible route that has a minimum clear width of at least 36 inches. Standards § 4.3.3.
ii. The door has a clear opening width of only 28 inches and has knob hardware. Provide a door with a minimum clear opening width of at least 32 inches measured from the face of the door to the opposite door stop with the door open at 90 degrees. Provide door hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards §§ 4.13.5, Fig. 24(b), 4.13.9.
iii. This toilet room lacks any accessible stall. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall-hung) in the toilet room such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards § 4.17.
iv. The cabinet-style lavatory lacks the knee and toe clearances required by the Standards and the faucet hardware requires tight grasping, twisting, or pinching to operate. Provide a lavatory such that all elements, including hardware, height, clearances, pipes, and surfaces, comply with the Standards. Standards §§ 4.19, 4.19.5, 4.27.4.
v. The paper towel dispenser requires tight grasping and pulling of the towels to operate and advance them. Provide a dispenser that does not require tight grasping to operate, or provide another way for persons with disabilities to dry their hands. Standards §§ 4.22.7, 4.27.4.f. Men’s Toilet Room
i. The door opening pressure from a closed position is 25 pounds of force. Ensure that the force required to open the door is no more than 5 pounds. Standards § 4.13.11(2)(b).
ii. This toilet room lacks an accessible stall. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall-hung) in the toilet room such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards § 4.17.
iii. The cabinet-style lavatory lacks the knee and toe clearances required by the Standards and the faucet hardware requires tight grasping, twisting, or pinching to operate. Provide a lavatory such that all elements, including hardware, height, clearances, pipes, and surfaces, comply with the Standards. Standards §§ 4.19, 4.19.5, 4.27.4.g. Drinking fountain. The spout outlet of the drinking fountain near the Men’s Toilet Room is 37-1/2 inches above the finished floor. Provide a fountain with a spout no more than 36 inches above the finished floor and provide a way for persons who have difficulty bending or stooping to use the fountain; or install a cup dispenser next to the existing fountain so that cups dispense within reach ranges of persons who use wheelchairs. Standards §§ 4.15.2, Fig. 27(a).
65. The County will make the following modifications within one year of the effective date of this Agreement to the Courthouse located on Mulberry Street, originally built in 1872 and remodeled in the late 1940's:
a. Accessible Route and Parking.
i. There is no accessible route from the Courthouse Annex parking lot to the Courthouse. Provide signage at the Courthouse Annex parking lot including directional signage and the International Symbol of Accessibility notifying persons with disabilities of the accessible Courthouse parking at the corner of Cedar and Grove Streets and the accessible route from that location to the Courthouse. Standards §§ 4.1.2(2), 4.3, 4.5, 4.1.3(7)(c).
ii. There is no access aisle next to the parking space designated for persons with disabilities at the small lot serving the Courthouse at the corner of Cedar and Grove Streets. Provide a 96-inch wide van-accessible parking space with a 96-inch wide access aisle, and a sign designating the space as “van accessible” mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.1.2(7)(a), 4.6.3, 4.6.4, Fig. 43(b).
iii. There is no accessible route to the War Memorial in front of the Courthouse. Provide an accessible route that is at least 36 inches wide and has a firm, stable, and slip-resistant surface. Standards §§ 4.1.2(2), 4.3, 4.5.b. Room 105: The height of the service counter is 45 inches above the finished floor. Provide a 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 close proximity to the main counter, or provide equivalent facilitation. Standards § 7.2(2).
c. Main Courtroom, Room 202.i. There is one step up to the witness stand. Provide access to the witness stand via a ramp or a platform lift, or by lowering the witness stand to be flush with the finished floor. Standards §§ 4.1.2(2), 4.3.8.
ii. All seats in the jury box are fixed and the back row is on a riser, so there are no wheelchair locations in the jury box. Provide at least one wheelchair location within the jury box such that it is an integral part of the jury seating, including an accessible route, has adequate maneuvering space, and adequate space allowances for a wheelchair in compliance with the Standards. Standards §§ 4.32, 4.3, 4.2.
iii. There are no accessible wheelchair seating areas in the courtroom’s spectator area. Provide wheelchair locations for spectators that are an integral part of the fixed seating plan, adjoin an accessible route, have an adjacent fixed companion seat, and that have lines of sight comparable to those for the general public in compliance with the Standards. Standards § 4.33, 4.32, 4.3, 4.2.
iv. The courtroom doors require more than 5 pounds of force to open. Ensure that the force required to open the doors is no more than 5 pounds. Standards § 4.13.11(2)(b).d. Drinking Fountain Near Main Courtroom. The spout of the drinking fountain is 39 inches above the finished floor. Provide a fountain with a spout no more than 36 inches above the finished floor that is accessible to a person in a wheelchair and a fountain that is accessible to persons who have difficulty bending and stooping, or provide a cup dispenser near the existing fountain at a height that dispenses the cups within the reach ranges of persons who use wheelchairs. Standards § 4.15.2, Fig. 27(a).
e. Women’s Toilet Room (Second Floor).i. The toilet room does not have accessible signage. Provide a sign with raised characters and Braille and the International 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 finished floor and so that a person can approach to within 3 inches of the sign without encountering obstructions or standing within a door swing. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.5, 4.30.6, Fig. 43(b).
ii. The door to the women’s toilet room has a clear opening width of 29 inches. Provide a minimum clear opening width of at least 32 inches measured from the face of the door to the opposite door stop with the door opened 90 degrees. Standards §§ 4.13.5, Fig. 24(b).
iii. The door knob-style hardware requires tight twisting or grasping of the wrist. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.
iv. There are 2 toilet stalls in this toilet room, but neither is accessible to people with disabilities. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall-hung) in the toilet room such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards § 4.17.
v. The paper towel dispenser requires tight grasping to advance the paper towels. Provide a dispenser control that is easy to use with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate, or provide another means for persons with disabilities to dry their hands. Standards §§ 4.22.7, 4.27.4.
vi. The door coat hook is located at 71 inches above the finished floor. Provide a hook that is no more than 54 inches for a side reach or 48 inches for a forward reach above the finished floor. Standards §§ 4.2.5, 4.2.6.
vii. The cabinet-style lavatory lacks the knee and toe clearances required by the Standards and the faucet hardware requires tight grasping, twisting, or pinching to operate. Provide a lavatory such that all elements, including hardware, height, clearances, pipes, and surfaces, comply with the Standards. Standards §§ 4.19, 4.19.5, 4.27.4.f. Men’s Toilet Room (Second Floor)
i. The door to this toilet room has a clear opening width of 29-1/2 inches. Provide a minimum clear opening width of at least 32 inches measured from the face of the door to the opposite door stop with the door open 90 degrees. Standards §§ 4.13.5, Fig. 24(b).
ii. There is only one toilet stall and it is not accessible to persons who have disabilities. Provide a “standard” accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall-hung) in the toilet room such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards § 4.17.
iii. The mirror in this toilet room is too high. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.22.6, 4.19.6.
iv. The cabinet-style lavatory lacks the knee and toe clearances required by the Standards and the faucet hardware requires tight grasping, twisting, or pinching to operate. Provide a lavatory such that all elements, including hardware, height, clearances, pipes, and surfaces, comply with the Standards. Standards §§ 4.19, 4.19.5, 4.27.4.
v. There is insufficient clear floor space in front of the lavatory. Provide a minimum of 30 inches wide by 48 inches deep clear floor space in front of and under an accessible lavatory to allow a forward approach for persons who use wheelchairs. Standards §§ 4.22.6, 4.19.3, Fig. 32.g. Drinking Fountain on First Floor. This spout of the drinking fountain is 41 inches above the finished floor. Provide a fountain with a spout no more than 36 inches above the finished floor and provide a way for persons who have difficulty bending or stooping to use the fountain; or install a cup dispenser next to the existing fountain so that cups dispense within reach ranges of persons who use wheelchairs. Standards §§ 4.15.2, Fig. 27(a).
h. Auxiliary Court on First Floori. The door knob-style hardware requires tight twisting or grasping of the wrist. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.
ii. The witness stand measures 34-1/2 inches wide by 48 inches deep and is on a 5-inch raised platform. There is a swinging gate providing a 24-inch opening to the witness stand. Provide a minimum 36-inch wide by 48-inch deep witness stand with sufficient maneuvering clearance and on an accessible route, including a vertical means of access such as a ramp or platform lift (or lower the witness stand so that it is flush with the floor level). Standards §§ 4.3.8, 4.5.2, 4.8, 4.11, 4.2, 4.3, Fig. 4.i. There is no assistive listening system available in the Courthouse. Provide a permanent assistive listening system in each courtroom or an adequate number of electrical outlets or other supplementary wiring in each courtroom necessary to support a portable assistive listening system, with a minimum number of receivers equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of an assistive listening system, including the International Symbol of Access for Hearing Loss. Standards §§ 4.33, Fig. 43(d), 4.30.7(4).
j. Elevator. The emergency communications system lacks signage in raised symbol or lettering. Provide an emergency system that complies with the Standards. Standards §§ 4.10.14, 4.30.4.66. The County will make the following modifications within one year of the effective date of this Agreement to the Senior Citizens’ Center, originally built in 1954:
The County will replace the current Senior Citizen’s Center with a new facility. Within one year of the effective date of this Agreement, the County will submit to the Department for approval, a plan that includes architectural blueprints and construction documents showing the proposed new facility. The new facility will be completed within four years of the Department’s approval of the plans.
67. The Department reviewed the elements of The Tech Center that are used by the voting public: the parking serving the voting area, the route from the parking area to the area used for voting, and the area used for voting. This facility, located at 4380 Harrison Road in Loudon, TN, was built prior to 1992 and has not been altered since then. The County will make the following modifications to this facility within six months of the effective date of this Agreement:a. There are two designated accessible parking spaces that lack vertical signage, the International Symbol of Accessibility on the pavement is very faded, the access aisle is not marked appropriately, and there is a built-up curb ramp in the access aisle. Provide at least one van-accessible parking space served by an access aisle at least 96 inches wide. If the two spaces do not share the same access aisle, provide a minimum 60-inch wide access aisle for the other designated space. For the space served by the 96-inch wide access aisle, provide a “van-accessible” sign mounted below the International Symbol of Accessibility in a location that cannot be obscured by a vehicle parked in the space. Provide appropriate signage for the other accessible parking space in a location that cannot be obscured by a vehicle parked in the space. Ensure that the slope and cross-slope of the spaces and access aisles do not exceed 1:50 in any direction (i.e., remove the built-up curb ramp in the access aisle). The two accessible parking spaces may share the same access aisle. Provide a vertical means of access – such as a curb cut – between the sidewalk and the access aisle. Standards §§ 4.1.2(5)(a), (b), 4.6.3, Fig. 9, 4.6.4, Fig. 43(b), 4.6.2, 4.7.
OTHER MEASURES TO ACHIEVE PROGRAM ACCESS
68. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written plan regarding how County programs, activities, or services, including those of the County’s Economic Development Agency and the County Planning Commission, currently conducted at the Williamson House, located at 274 Blair Bend Road, which is not owned by the County, will be made accessible to persons with disabilities.
69. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written plan regarding how County programs, services, and activities held in the Justice Center’s Grand Sessions Court will be made accessible to persons with disabilities.
MISCELLANEOUS PROVISIONS
70. Except as otherwise specified in this Agreement, at three, six, nine, and 12 months after the effective date of this Agreement, and annually thereafter until the termination or expiration of the Agreement, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.
71. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).
72. Within three months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate procedures for interacting with persons with disabilities. The County will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.
73. Within one year of the effective date of this Agreement, the County will deliver its training program to all County employees who interact with members of the public as part of their duties. At the end of that period, the County shall submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.IMPLEMENTATION AND ENFORCEMENT
74. The County reserves the right to seek modifications to any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, and 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.
75. The Department may review compliance with this Agreement at any time. If the Department believes that the County has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department 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 to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.
76. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.
77. 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.
78. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the County or the Department on request.
79. 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 (including its Attachments), 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 and section 504 of the Rehabilitation Act.
80. 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, whichever is later.
81. The person signing for the County represents that he or she is authorized to bind the County to this Agreement.
82. The effective date of this Agreement is the date of the last signature below.
For the County: For the United States:
By:__________________________
GEORGE MILLER
Loudon County Executive
Date 7/24/03
J. MICHAEL WIGGINS
Acting Assistant Attorney General
Civil Rights Division
By:__________________________
JOHN L. WODATCH, Chief
MARY LOU MOBLEY, Acting Deputy Chief
ELIZABETH BACON, Supervisory Attorney
THOMAS ESBROOK, Investigator
MICHELE ANTONIO MALLOZZI, Architect
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights Section-NYA
Washington, DC 20530
Date 7/25/03
Attachment A to Settlement Agreement between the United States of America and Loudon County in DJ# 204-70-67.
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the County will not discriminate against qualified individuals with disabilities on the basis of disability in the County’s services, programs, or activities.
Employment: The County does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).
Effective Communication: The County will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the County’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: The County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all County programs, services, and activities. For example, individuals with service animals are welcomed in County offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a County program, service, or activity, should contact the office of Leo Bradshaw, ADA Coordinator, at (865) 458-4470, as soon as possible but no later than 48 hours before the scheduled event.
The ADA does not require the County to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
Complaints that a County program, service, or activity is not accessible to persons with disabilities should be directed to Leo Bradshaw, ADA Coordinator, at (865) 458-4470.
The County will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
Attachment B to Settlement Agreement between the United States of America and Loudon County in DJ# 204-70-67.
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the County. The County’s Personnel Policy governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
Leo Bradshaw, ADA Coordinator
101 Mulberry Street
Suite 101
Loudon, TN 37774
(865) 458-4470
Within 15 calendar days after receipt of the complaint, Mr. Bradshaw or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Mr. Bradshaw or his designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the County and offer options for substantive resolution of the complaint.
If the response by Mr. Bradshaw or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of within 15 calendar days after receipt of the response to the County Executive or his designee.
Within 15 calendar days after receipt of the appeal, the County Executive or his designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting the County Executive or his designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by Leo Bradshaw or his designee, appeals to the County Executive or his designee, and responses from these two offices will be retained by the County for at least three years.
OVERVIEW
It is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:
People who are deaf or hard of hearing are entitled to a level of service equivalent to that provided hearing persons.
The Agency will make every effort to ensure that its officers and employees communicate effectively with people who are deaf or hard of hearing.
Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation.
Various types of communication aids – known as “auxiliary aids and services” – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters.
The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue.
In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading. For example: – If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.
– If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively.To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person. Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need. Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing.
The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden. Only the Agency head or his or her designee may make this determination. For example: – If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.
The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including persons who are deaf or hard of hearing.
People who are deaf or hard of hearing must never be charged for the cost of an auxiliary aid or service needed for effective communication. ON-CALL INTERPRETIVE SERVICES
The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Agency will update this list annually.
A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). Certification is not required in order for an interpreter to be “qualified.” TTY AND RELAY SERVICES
In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service. TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY
Officers must review and have a working knowledge of Guide for Law Enforcement Officers When In Contact With People Who Are Deaf or Hard of Hearing. This document reviews how officers should communicate effectively in the types of situations officers will encounter. These situations include: – Issuing a noncriminal or motor vehicle citation.
– Communicating with a person who initiates contact with an officer.
– Interviewing a victim or critical witness to an incident.
– Questioning a person who is a suspect in a crime.
– Making an arrest or taking a person into custody.
– Issuing Miranda Warnings to a person under arrest or in custody.
– Interrogating a person under arrest or in custody.PROCEDURES FOR OBTAINING AUXILIARY AIDS AND SERVICES
Officers must utilize the following auxiliary aids, when available, to communicate effectively: – Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters
When In Contact With People Who Are Deaf or Hard of Hearing
As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.
Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf of hard of hearing. You should become familiar with this policy.
What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.
How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:
– use of qualified sign language or oral interpreters
– for people who are hard of hearing, speaking loudly and clearly, and use of assistive listening devices (to amplify sound)
– use of gestures or visual aids to supplement oral communication
– an exchange of written notes
– or use of a computer or typewriter.What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.
For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.
Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.
DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.
How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.
If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.– In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.
– During interrogations and arrests, a sign language interpreter will often be necessary.
– If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about
misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.
– In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.
Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.
Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.
Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.
Contact numbers for your local sign language interpreters:_____________________________________________________
_____________________________________________________
_____________________________________________________
Attachment E to Settlement Agreement between the United States of America and Loudon County in DJ# 204-70-67.
VOTING ACCESSIBILITY SURVEYCitations are to ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A. Name and address of polling location:___________________________________________________________________ Name, title, and phone number of individual conducting survey: _______________________________________________ |
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ITEM |
TECHNICAL REQUIREMENTS |
MODIFICATIONS NEEDED |
| Parking | 1 per 25 spaces is accessible, up to 100 spaces; 1 per 50 to 101-200 spaces. 1 in 8 accessible spaces, but not less than 1, must be van accessible. 4.1.2(5)(a) | |
| Reserved sign vertical so not obscured by parked vehicles, using Int’l Symbol Accessibility. If van space, add “van-accessible” sign 4.6.4 | ||
| Width of vehicle space at least 96". 4.6.3 | ||
| Car access aisles at least 60" 4.1.2(5)(a); van access aisle at least 96". 4.1.2(5)(b). | ||
| Surface of aisle stable, firm, slip resistant. 4.6.3, 4.3.6, 4.5.1 | ||
| Slope of space and access aisle no more than 1.50 in all directions (no built-up curb ramp intrusion). 4.6.3 | ||
| On shortest accessible route of travel to accessible entrance. 4.6.2 | ||
| Aisle is part of accessible route to entrance. 4.6.3, 4.3 | ||
| Curb Ramps | Slope no more than 1:12. 4.7.2 | |
| Width at least 36", not including flared sides. 4.7.3 | ||
| Accessible Exterior Route | At least 36" wide. 4.3.3 | |
| Cross slope no more than 1:50. 4.3.7 | ||
| Route free of stairs, curbs without ramps, abrupt changes of level greater than 1/4". 4.3.8, 4.5.2 | ||
| Slope no more than 1:20 4.3.7 or complies with requirements of ramps. 4.8.1 | ||
| Accessible route surfaces stable, firm, slip resistant. 4.3.6, 4.5.1 | ||
| Directional signs indicate accessible route and accessible entrance (when not all entrances are accessible), using Int’l Symbol Accessibility. 4.1.2(7), 4.1.3(8)(d), 4.30.7 | ||
| Route free of objects (e.g., pay phones, trees) that have leading edges between 27"-80" and that project > 4" into route. 4.4.1 | ||
| Exterior stairs built so that person who is blind/has low vision will not hit head (e.g., cane detectable barrier such as planter within 27 inches of ground). 4.4.2 | ||
| Ramps | Running slope no more than 1:12; rise for any run a maximum of 30". 4.8.2 | |
| Cross slope no more than 1:50. 4.8.6 | ||
| Surface stable, firm, slip resistant. 4.8.6, 4.5 | ||
| Clear width between handrails at least 36". 4.8.3 | ||
| Level landing at top and bottom of ramp and each ramp run. 4.8.4 | ||
| Landing at least as wide as ramp and at least 60" long. 4.8.4(1), (2) | ||
| Where ramp changes direction, landing of at least 60"W x 60"L. 4.8.4(3) | ||
| Edge protection if drop off (i.e., 2" curb, wall, railings, projecting surfaces). 4.8.7 | ||
| Handrails if ramp over 6" high or over 72" in length. 4.8.5 | ||
| Inside rail continuous if switchback ramp. 4.8.5(1) | ||
| Top of handrail between 34" - 38" above ramp surface. 4.8.5(5) | ||
| At least 12" handrail extensions, parallel to ground, beyond top and bottom of ramp segment. 4.8.5(2) | ||
| Handrail ends rounded or returned to wall/floor/post. 4.8.5(6) | ||
| Handrail diameter between 1-1/4" to 1-1/2 “ OR shape provides equivalent gripping surface (standard pipe this size). 4.8.5, 4.26.2 | ||
| Clear space between handrail and mounting wall exactly 1 1/2“. 4.8.5(3) | ||
| Rails and fasteners structurally strong/sound. 4.8.5, 4.26.3 | ||
| Accessible Entry Doors |
Door or at least one side of double-leaf door must have minimum 32“ clear passage when door is open 90 degrees. 4.13.4, 4.13.5 | |
| Maneuvering space at door must comply with 4.13.6 and Figure 25 (illustration below). | ||
| Door hardware cannot require tight grasping, tight pinching, or twisting of the wrist. 4.13.9 | ||
| Operating hardware mounted no more than 48" from floor. 4.13.9 | ||
| Interior doors cannot require more than 5 lbs of force to open. 4.13.11(2)(b) | ||
| If two doors in series, clear floor space must be at least 48" between doors, plus width of any door swinging into the space. 4.13.7 | ||
| Threshold no more than 3/4" for sliding doors, 1/2" for others, and beveled at 1:2 or less. 4.13.8 | ||
| If door has closer, takes at least 3 seconds from open position of 70 degrees to move to 3 inches from latch (measured from leading edge of door) 4.13.10 | ||
| Interior Routes to Public Use Areas |
At least 36" wide. 4.3.3 | |
| Cross slope no more than 1:50. 4.3.7 | ||
| Route free of stairs or abrupt changes of level greater than 1/4". 4.3.8, 4.5.2 | ||
| Slope of hallway no more than 1:20 4.3.7 or complies with requirements of ramps. 4.8.1 | ||
| Accessible route surfaces stable, firm, slip resistant. 4.3.6, 4.5.1 If carpeted, secure, trimmed, low pile with firm/no pad. 4.5.3 | ||
| Route free of objects (e.g., fire extinguishers, wall-mounted lights, electrical meters, pay phones) that have leading edges between 27"-80" and that project > 4" into route. 4.4.1 | ||
| Exterior stairs built so that person who is blind/has low vision will not hit head (e.g., cane detectable barrier such as a planter or other object placed within 27" of ground, wherever vertical clearance for pedestrian is 80" or less). 4.4.2 | ||
| Voting Machine | There is 30” x 48" clear space in front of machine, to accommodate the front or parallel approach of a person in wheelchair; space may overlap accessible route. 4.2.4 & Figure 4(b),(c) (illustration below) | |
| For machines placed on tables/desks: knee space must be at least 27"H x 30"W x 19"D; table height no more than 28-34". 4.32.3, 4.32.4 | ||
| For machines placed on tables/desks: The level reach cannot > 25" deep for a forward approach. If < 20", the height of controls can be 48". If level reach is 20-25" deep, height cannot exceed 44". 4.2.5 & Figure 5(b) (illustration below). | ||
| For machines placed on tables/desks: The level reach cannot > 24" deep for parallel approach. If < 24" but > 10", the height of controls must be between 15" and 46" above floor. If < 10", height of controls must be between 15" and 54" above floor. 4.2.6 & Figure 6(c) (illustration below). | ||
| ILLUSTRATIONS | ||
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Figure 25: Maneuvering Clearances at Doors
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Figure 4(b),(c): Clear Floor Space for Persons in Wheelchairs to Approach Voting Machines
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Figures 5(a), 6(b): High and Low Reaches for Front and Parallel Approaches
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Figures 5(b), 6(c): Reach Ranges over Obstructions
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Cases & Matters by ADA Title Coverage | Legal Documents by Type & Date | archive.ADA.gov Home Page
September 4, 2003
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