BACKGROUND
A. SCOPE OF THE INVESTIGATION
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, and the Department’s implementing regulation, 28 C.F.R. Part 35, with the United States Department of Justice (“Department”) against Lucas County, Ohio (“County”). Because the County receives financial assistance from the Department of Justice, the review was also conducted under the authority of 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.
The Department limited its program access review to those of the County’s programs, services, and activities that operate in the following facilities: the County Courthouse, County Family Court Center, County Senior Center, and the Ned Skeldon Stadium. Those facilities not mentioned are not subject to the terms of this Agreement. Nothing in this Agreement shall be construed to indicate that those facilities not specifically discussed or the programs, benefits, and services offered therein comply with Title II. Nor does this Agreement, or any provision thereof, in any way limit the Department’s ability to seek compliance or undertake any means of enforcement with regard to those facilities not discussed herein at this time or in the future.B. JURISDICTION
1. The parties to this Agreement are the United States of America and Lucas County, Ohio.
2. The ADA applies to the County because it is a “public entity” as defined by Title II. 42 U.S.C. § 12131(1); 28 C.F.R. § 35.104.
3. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine whether the County is in compliance with Title II of the ADA and the Department’s regulation implementing Title II, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement to bring the County into compliance with Title II. 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.
4. The Department is also authorized under 28 C.F.R. Part 42, Subpart G, to determine whether the County is in compliance with Section 504 of the Rehabilitation Act of 1973, and its relevant implementing regulations, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements to bring the County into compliance with the Rehabilitation Act. 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 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.REMEDIAL ACTION
5. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.
6. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design (“Standards”) are used as a guide for determining whether a program or activity held in an existing facility is “readily accessible to and usable by” persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix AA. In order to ensure that the County Common Pleas Courthouse, for which alterations commenced after January 26, 1992, is readily accessible to and usable by individuals with disabilities, the County will modify the following spaces and elements within 2 years of the effective date of this Agreement, unless specified otherwise.
7. Main Entrance - Michigan Street
a. The clear opening width of each independently operable leaf of the main entrance door is 30 inches instead of at least 32 inches. Standards §§ 4.1.3(8)(a), 4.1.3(7)(a), 4.13.4, and 4.13.5.
b. The sidewalk in front of the main entrance door slopes away from the building, and, therefore, the maneuvering clearance at the entrance doors is not level.
Standards §§ 4.1.3(8)(a), 4.1.3(7)(a), and 4.13.6.
c. The force to open the interior vestibule doors is 12 lbf instead of no more than 5 lbf. Standards §§ 4.1.3(8)(a), 4.1.3(7)(a), and 4.13.11.8. First Floor Lobby/Corridor
a. The vertical clearance underneath the staircase to the second floor at the Erie Street entrance slopes down to 48 inches. When the vertical clearance of areas adjoining accessible routes is reduced to less than 80 inches, then a barrier shall be provided to warn individuals with vision impairments. Standards §§ 4.1.3(2), and 4.4.2.
b. The vertical clearance underneath each of the two staircases to the second floor at the Jackson street entrance slopes down to 55-1/2 inches. When the vertical clearance of areas adjoining accessible routes is reduced to less than 80 inches, then a barrier shall be provided to warn individuals with vision impairments. Standards §§ 4.1.3(2), and 4.4.2.
c. The snack bar counter is 38 inches high. The portion of the counter which is at least 36 inches wide and no more than 36 inches high is not provided. Standards § 7.2(1).9. Elevators
a. There are two elevators provided in the Courthouse which are similar in design and detail. Each full passenger elevator provided shall be accessible. The following comments apply to both elevators at all floor levels unless otherwise noted. Standards §§ 4.1.3(5), and 4.10.1.
1. The hall call buttons on the first floor are 42-1/4 inches from the floor to the centerline of the unit instead of exactly 42 inches. Standards
§§ 4.1.3(5), and 4.10.3.
2. The elevator hoistway entrances at all floors do not have raised and brailled floor designations provided on both jambs. Standards §§ 4.1.3(5), and 4.10.5.
3. The emergency controls are 27 inches above the floor to the centerline of the buttons instead of at least 35 inches. Standards §§ 4.1.3(5), and 4.10.12(3).
4. The elevator intercommuncation system requires voice communication and is not usable by individuals with hearing impairments. Standards §§ 4.1.3(5), and 4.10.14.10. First Floor Men’s Toilet Room
a. There is not directional signage at this toilet room directing individuals to the designated accessible toilet rooms on the second and fourth floors. Standards § 4.1.2(7)(d).
b. There is not a sign on the latch side of the door in raised and brailled characters located 60 inches above the floor to the centerline of the sign identifying the Men’s Toilet Room. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, and 4.30.6.
c. There are four toilet stalls provided which are similar in design and detail. The toilet stall that was measured is 40-1/2 inches wide and 50-1/2 inches deep with a floor mounted toilet. There is not a 60 inch wide by 59 inch deep toilet stall provided. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, and Fig. 30(a).1. The clear opening width of the toilet stall door is 26 inches instead of at least 32 inches wide. Standards §§ 4.1.3(11), 4.22.4, 4.17.5, and 4.13.5.
2. There are no grab bars provided in the toilet stall. Standards §§ 4.1.3(11), 4.22.4, and 4.17.6.
3. The toilet seat is 15-1/2 inches high instead of between 17 and 19 inches high. Standards §§ 4.1.3(11), 4.22.4, and 4.16.3.
4. The coat hook located within the toilet stall is 58-1/2 inches high instead of no more than 54 inches high for the side reach provided. Standards
§§ 4.1.3(12), 4.25.3, and 4.2.6.d. There are two additional coat hooks located on the wall outside of the toilet stalls. Both of these coat hooks are 66 inches high. At least one coat hook shall be no more than 54 inches high for the side reach provided. Standards §§ 4.1.3(12), 4.25.3, and 4.2.6.
e. There are two lavatories provided which are similar in design and detail. At least one lavatory shall be accessible. Standards §§ 4.1.3(11), 4.22.6, and 4.19.1.1. The clearance from the floor to the bottom of the lavatory apron is 27-1/2 inches instead of at least 29 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
2. The knee clearance underneath the lavatory is 24 inches high instead of at least 27 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
3. The hot water and drain pipe underneath the lavatory are not insulated or configured against contact. Standards §§ 4.1.3(11), 4.22.6, and 4.19.4.f. There are two mirrors which are 48 inches high to the bottom edge of the reflecting surface. There is not a mirror which is no more than 40 inches high to the bottom edge of the reflecting surface. Standards §§ 4.1.3(11), 4.22.6, and 4.19.6.
g. The paper towel dispenser and the soap dispenser are located above the lavatory. There is no clear floor space provided at the paper towel dispenser and the soap dispenser due to the lack of knee space underneath the lavatory. Standards §§ 4.1.3(11), 4.22.7, and 4.27.2.
h. The paper towel dispenser control is 49-1/2 inches high instead of no more than 48 inches high for the forward reach provided. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, and 4.2.5.
i. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the toilet room. Standards §§ 4.1.3(14), and 4.28.1.11. Civil Division/Court of Appeals/Sheriff’s Office
a. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the public/common use area of the office. Standards §§ 4.1.3(14), and 4.28.1.
12. Clerk of Courts/Foreclosure Office
a. The carpet and carpet edge trim at the entrance door are not fastened to the floor surface along the entire length of the exposed edge. Standards §§ 4.1.3(1), 4.3.6, and 4.5.3.
b. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the public/common use area of the office. Standards §§ 4.1.3(14), and 4.28.1.13. Jury Assembly/Mediator’s Room
a. There is no maneuvering space at the latch side of the entrance door instead of at least 18 inches for the forward pull approach provided. Standards §§ 4.1.3(7), and 4.13.6.
b. The force to open the entrance door is 15 lbf instead of no more than 5 lbf. Standards §§ 4.1.3(7), and 4.13.11.
c. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the public/common use area of the office. Standards §§ 4.1.3(14) and 4.28.1.14. Within 3 years of the effective date of this agreement, modify the Jury Assembly / Mediation Room - Women’s Toilet Room
a. There is not directional signage at this toilet room directing individuals to the designated accessible toilet rooms on the second and fourth floors. Standards § 4.1.2(7)(d).
b. There is not a sign on the latch side of the door in raised and brailled characters located 60 inches above the floor to the centerline of the sign identifying the Women’s Toilet Room. Standards §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, and 4.30.5.
c. The clear opening width of the entrance door is 27 inches instead of at least 32 inches. Standards §§ 4.1.3(7) and 4.13.5.
d. There is 8 inches maneuvering space at the latch side of the entrance door, instead of at least 18 inches for the forward pull approach provided. Standards §§ 4.1.3(7) and 4.13.6.
e. The door threshold is 3/4 inch high, instead of no more than 1/2 inch high and beveled to 1:2. Standards §§ 4.1.3(7) and 4.13.8.
f. The entrance door has knob hardware which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(7) and 4.13.9.
g. There is not a 60 inch diameter turning space or t-shaped space in the toilet room. Standards §§ 4.1.3(11), 4.22.3 and 4.2.3.
h. The toilet stall is 33-1/4 inches wide and 55-1/2 inches deep with a floor mounted toilet. There is not a 60 inch wide by 59 inch deep toilet stall provided. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, and Figure 30(a).1. The clear opening width of the toilet stall door is 26-1/4 inches instead of at least 32 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.17.5.
2. There are no grab bars provided in the toilet stall. Standards §§ 4.1.3(11), 4.22.4, and 4.17.6.
3. The centerline of the toilet is 17 inches from the side wall instead of exactly 18 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.17.3.
4. The toilet seat is 16 inches high instead of between 17 and 19 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.16.3.
5. The coat hook located within the toilet stall is 66 inches high instead of no more than 54 inches high for the side reach provided. Standards §§ 4.1.3(12), 4.25.3, and 4.2.6.
6. The toilet seat cover dispenser outlet is 58-3/4 inches high instead of no more than 54 inches for the side reach provided. Standards §§ 4.1.3(11), 4.22.7, and 4.27.3.i. The clearance from the floor to the bottom of the lavatory apron is 27-1/4 inches instead of at least 29 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
1. The knee clearance underneath the lavatory is 24 inches high instead of at least 27 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
2. The hot water and drain pipe underneath the lavatory are not insulated or configured against contact. Standards §§ 4.1.3(11), 4.22.6, and 4.19.4.
3. The lavatory faucet has a twist knob control which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(11), 4.22.6, 4.19.5, and 4.27.4.j. The mirror is 50 inches high to the bottom edge of the reflecting surface instead of no more than 40 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.6.
k. The soap dispenser is located above the lavatory. There is no clear floor space provided at the soap dispenser due to the lack of knee space underneath the lavatory. Standards 4.1.3(11), 4.22.7, and 4.27.2.
l. The sanitary napkin and tampon dispenser controls are 50 inches high instead of no more than 48 inches high for the forward reach provided. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, and 4.2.5.
m. The paper towel dispenser has a twist handle control which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards§§ 4.1.3(11), 4.22.7, and 4.27.4.
n. The courthouse is equipped with an audible alarm system. There is not a visual fire alarm located within the toilet room. Standards §§ 4.1.3(14), and 4.28.1.15. Within 3 years of the effective date of this agreement, modify the Jury Assembly / Mediation Room - Men’s Toilet Room
a. There is not directional signage at this toilet room directing individuals to the designated accessible toilet rooms on the second and fourth floors. Standards § 4.1.2(7)(d).
b. There is not a sign on the latch side of the door in raised and brailled characters located 60 inches above the floor to the centerline of the sign identifying the Men’s Toilet Room. Standards §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, and 4.30.5.
c. The clear opening width of the entrance door is 27 inches instead of at least 32 inches. Standards §§ 4.1.3(7) and 4.13.5.
d. The entrance door has knob hardware which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(7), and 4.13.9.
e. The door threshold is 3/4 inch high instead of no more than 1/2 inch high and beveled to 1:2. Standards §§ 4.1.3(7), and 4.13.8.
f. There is 6 inches maneuvering space at the latch side of the entrance door, instead of at least 18 inches for the forward pull approach provided. Standards §§ 4.1.3(7), and 4.13.6.
g. There is not a 60 inch diameter turning space or t-shaped space in the toilet room. Standards §§ 4.1.3(11), 4.22.3, and 4.2.3.
h. The route to the toilet stall, lavatory, and urinal passes through an opening in the partition that is 31-1/4 inches wide instead of at least 32 inches wide. Standards §§ 4.1.3(11), 4.22.3, and 4.2.1.
i. The toilet stall is 32-1/4 inches wide and 51-1/2 inches deep with a floor mounted toilet. There is not a 60 inch wide by 59 inch deep toilet stall provided. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, and Figure 30(a).
j. The clear opening width of the toilet stall door is 22-1/4 inches instead of at least 32 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.17.5.
k. There are no grab bars provided in the toilet stall. Standards §§ 4.1.3(11), 4.22.4, and 4.17.6.
l. The centerline of the toilet is 16-3/4 inches from the side wall instead of exactly 18 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.17.3.
m. The toilet seat is 16-1/2 inches high instead of between 17 and 19 inches high. Standards §§ 4.1.3(11), 4.22.4, and 4.16.3.
n. The toilet flush valve control is located on the wall side of the toilet instead of on the open side of the toilet. Standards §§ 4.1.3(11), 4.22.4, and 4.16.4.
o. The coat hook located within the toilet stall is 66 inches high instead of no more than 54 inches high when a side reach is provided. Standards §§ 4.1.3(12), 4.25.3, and 4.2.6.
p. The urinal rim is 23-1/2 inches high instead of no more than 17 inches high. Standards §§ 4.1.3(11), 4.22.5, and 4.18.2.
q. The clear floor space in front of the urinal is 35-1/2 inches deep instead of at least 48 inches deep. Standards §§ 4.1.3(11), 4.22.5, and 4.18.3.
r. The clearance from the floor to the bottom of the lavatory apron is 27 inches instead of at least 29 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
s. The knee clearance underneath the lavatory is 23 inches high instead of at least 27 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
t. The toe clearance underneath the lavatory is 7 inches high instead of at least 9 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
u. The hot water and drain pipe underneath the lavatory are not insulated or configured against contact. Standards §§ 4.1.3(11), 4.22.6, and 4.19.4.
v. The lavatory faucet has a twist knob control which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(11), 4.22.6, 4.19.5, and 4.27.4.
w. The mirror is 50-1/2 inches high to the bottom edge of the reflecting surface instead of no more than 40 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.6.
x. The soap dispenser is located above the lavatory. There is no clear floor space provided at the soap dispenser due to the lack of knee space underneath the lavatory. Standards §§ 4.1.3(11), 4.22.7, and 4.27.2.
y. The paper towel dispenser control is 61-1/2 inches high instead of no more than 54 inches high for the side reach provided. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, and 4.2.6.
z. The paper towel dispenser has a twist handle control which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(11), 4.22.7, and 4.27.4.aa. The courthouse is equipped with an audible alarm system. There is not a visual fire alarm located within the public/common use area of the office. Standards §§ 4.1.3(14), and 4.28.1.
16. First Floor Drinking Fountains
a. There are two drinking fountains on the first floor. One drinking fountain shall be accessible to individuals who use wheelchairs and one drinking fountain shall be accessible to individuals who have difficulty bending or stooping. Standards §§ 4.1.3(10), and 4.15.1.
b. The knee clearance underneath the drinking fountain in the Jury Assembly/Mediation Room is 22-1/2 inches high instead of at least 27 inches. Standards §§ 4.1.3(10), and 4.15.5.17. First Floor Telephones
a. The telephone bank in the corridor near the Adams street exit contains two telephones. The telephones are similar in design and detail. At least one telephone on the first floor shall be accessible. Standards §§ 4.1.3(17), and 4.31.1.
1. The coin return is 63-3/4 inches high, instead of no more than 54 inches high for the side reach provided. Standards §§ 4.1.3(17), 4.31.3, and 4.2.6.
2. The telephones are mounted to the wall with their leading edge 36-1/4 inches high, and they protrude 10-1/4 inches into the corridor. Objects mounted with their leading edge between 27 and 80 inches may protrude no more than 4 inches. Objects mounted at or below 27 inches may protrude any amount. Standards §§ 4.1.3(2), and 4.4.1.18. Basement Floor Prisoner’s Tunnel
a. There are pipes in the tunnel that are mounted to the wall with their leading edge approximately 57 inches high, and they protrude approximately 15 inches into the corridor. Objects mounted with their leading edge between 27 and 80 inches may protrude no more than 4 inches. Objects mounted at or below 27 inches may protrude any amount. Standards §§ 4.1.3(2), and 4.4.1.
19. Second Floor Lobby/Corridor
a. The fire extinguisher in the corridor is mounted to the wall with its leading edge 36 inches high, and it protrudes 5 inches into the corridor. Objects mounted with their leading edge between 27 and 80 inches may protrude no more than 4 inches. Objects mounted at or below 27 inches may protrude any amount. Standards §§ 4.1.3(2), and 4.4.1.
20. Second Floor Women’s Toilet Room
a. There is not a sign on the latch side of the door in raised and brailled characters located 60 inches above the floor to the centerline of the sign identifying the Women’s Toilet Room. Standards §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, and 4.30.5.
b. There is 13 inches maneuvering space at the latch side of the entrance door instead of at least 18 inches for the forward pull approach provided. Standards §§ 4.1.3(7), and 4.13.6.
c. The force to open the entrance door is 11 lbf instead of no more than 5 lbf. Standards §§ 4.1.3(7), and 4.13.11.
d. The toilet stall is 42-1/2 inches wide and 102 inches deep with a wall mounted toilet. There is not a 60 inch wide by 56 inch deep toilet stall provided. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, and Figure 30(a).
e. There is 8-3/4 inches maneuvering space at the latch side of the toilet stall door instead of at least 18 inches for the forward pull approach provided. Standards §§ 4.1.3(11), 4.22.4, 4.17.5, and 4.13.6.
f. The toilet flush valve control is located on the wall side of the toilet instead of on the open side of the toilet. Standards §§ 4.1.3(11), 4.22.4, and 4.16.4.
g. There are two parallel side grab bars provided that are located 49 inches from the rear wall to the end of the grab bar instead of at least 52 inches. There is not a rear grab bar provided behind the toilet. Standards §§ 4.13(11), 4.22.4, and 4.17.6.
h. The side grab bars are 32-3/4 inches high instead of between 33 and 36 inches high. Standards §§ 4.1.3(11), 4.22.4, and 4.17.6.
i. The toilet paper dispenser is 41-1/2 inches from the rear wall to the farthest edge of the dispenser instead of no more than 35 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.17.3.
j. The coat hook located on the toilet stall door is 68-1/4 inches high instead of no more than 54 inches high for the side reach provided. Standards §§ 4.1.3(12), 4.25.3, and 4.2.6.
k. The diaper changing station pull handle is 50-1/4 inches high instead of no more than 48 inches high for the forward reach provided. Standards §§ 4.1.3(13), 4.27.3, and 4.2.5.
l. The clearance from the floor to the bottom of the lavatory apron is 25-3/4 inches instead of at least 29 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
m. The knee clearance underneath the lavatory is 23-3/4 inches high instead of at least 27 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
n. The hot water and drain pipe underneath the lavatory are not insulated or configured against contact. Standards §§ 4.1.3(11), 4.22.6, and 4.19.4.
o. The mirror is 42-1/4 inches high to the bottom edge of the reflecting surface instead of no more than 40 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.6.
p. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the toilet room. Standards §§ 4.1.3(14), and 4.28.1.21. Second Floor Men’s Toilet Room
a. There is not a sign on the latch side of the door in raised and brailled characters 60 inches above the floor to the centerline of the sign identifying the Men’s Toilet Room. Standards §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, and 4.30.5.
b. There is no maneuvering space at the latch side of the entrance door, instead of at least 18 inches when a forward pull approach is provided. Standards §§ 4.1.3(7), and 4.13.6.
c. The force to open the entrance door is 11 lbf instead of no more than 5 lbf. Standards §§ 4.1.3(7), and 4.13.11.
d. There is not a 60 inch diameter turning space or t-shaped space in the toilet room. Standards §§ 4.1.3(11), 4.22.3, and 4.2.3.
e. The toilet stall is 42-1/2 inches wide and 69 inches deep with a wall mounted toilet. There is not a 60 inch wide by 56 inch deep toilet stall provided. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, and Figure 30(a).
f. The centerline of the toilet is 17-1/2 inches from the side wall instead of exactly 18 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.17.3.
g. There are two parallel side grab bars provided that are located 49 inches from the rear wall to the end of the grab bar instead of at least 52 inches. There is not a rear grab bar provided behind the toilet. Standards §§ 4.1.3(11), 4.22.4, and 4.17.6.
h. The coat hook located on the toilet stall door is 68-1/4 inches high, instead of no more than 54 inches high for the side reach provided. Standards §§ 4.1.3(12), 4.25.3, and 4.2.6.
i. The clearance from the floor to the bottom of the lavatory apron is 25-3/4 inches instead of at least 29 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
j. The knee clearance underneath the lavatory is 23-1/2 inches high instead of at least 27 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
k. The hot water and drain pipe underneath the lavatory is not insulated or configured against contact. Standards §§ 4.1.3(11), 4.22.6, and 4.19.4.
l. The mirror is 42-1/4 inches high to the bottom edge of the reflecting surface instead of no more than 40 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.6.
m. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the toilet room. Standards §§ 4.1.3(14), and 4.28.1.22. Marriage License Bureau Office
a. There is no maneuvering space at the latch side of the entrance door, instead of at least 12 inches for the forward push approach provided to a door that has both a closer and a latch. Standards §§ 4.1.3(7), and 4.13.6.
b. The entrance door has knob hardware which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(7), and 4.13.9.
c. The force to open the entrance door is 15 lbf instead of no more than 5 lbf. Standards §§ 4.1.3(7), and 4.13.11.
d. The knee clearance provided at the writing counter is 10 inches deep instead of at least 19 inches deep. Standards §§ 4.1.3(18), and 4.32.3.
e. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the public/common use area of the office. Standards §§ 4.1.3(14), and 4.28.1.23. Probate Court Office
a. The knee clearance provided at the writing counter is 10-1/2 inches deep instead of at least 19 inches deep. Standards §§ 4.1.3(18), and 4.32.3.
b. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the public/common use area of the office. Standards §§ 4.1.3(14), and 4.28.1.24. Probate Court Hearing Room
a. There is a 7 inch change in level from the courtroom floor to the witness stand. Within 3 years of the effective date of this agreement, provide an accessible route. Standards §§ 4.1.3(1), 4.3.8, and 4.5.2.
b. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the room. Standards §§ 4.1.3(14), and 4.28.1.25. Probate Courtroom
a. There is a 6-3/4 inch change in level from the courtroom floor to the witness stand and jury box. Within 3 years of the effective date of this agreement, provide an accessible route to both. Standards §§ 4.1.3(1), 4.3.8, and 4.5.2.
b. The drinking fountain in the Probate Courtroom is mounted to the wall with its leading edge 33 inches high, and it protrudes 21-1/2 inches into the corridor. Objects mounted with their leading edge between 27 and 80 inches may protrude no more than 4 inches. Objects mounted at or below 27 inches may protrude any amount. Standards §§ 4.1.3(2), and 4.4.1.
c. There is not a wheelchair accessible space provided within the jury box. Standards §§ 4.1.3(19), and 4.33.1.
d. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the courtroom. Standards §§ 4.1.3(14), and 4.28.1.26. Probate Court Jury Deliberation Room
a. There is a 6-3/4 inch change in level from the jury box down to the jury deliberation room. Within 3 years of the effective date of this agreement, provide an accessible route. Standards §§ 4.1.3(1), 4.3.8, and 4.5.2.
b. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the room. Standards §§ 4.1.3(14), and 4.28.1.27. Within 3 years of the effective date of this agreement, modify the Probate Court Jury Deliberation Room Toilet Room
(Detailed measurements were not taken of the toilet, lavatories or accessories.)a. There is not directional signage at this toilet room directing individuals to the designated accessible toilet rooms on the second and fourth floors. Standards
§ 4.1.2(7)(d).
b. There is a 6 inch change in level from the jury deliberation room up to the jury deliberation toilet room, and an accessible route is not provided. Standards §§ 4.1.3(1), 4.3.8, and 4.5.2.
c. The clear opening width of the entrance door is 27 inches instead of at least 32 inches. Standards §§ 4.1.3(7), and 4.13.5.
d. There is not a 60 inch diameter turning space or t-shaped space in the toilet room. Standards §§ 4.1.3(11), 4.22.3, and 4.2.3.
e. There is not a rear grab bar provided behind the toilet. Standards §§ 4.13(11), 4.22.4, and 4.16.6.
f. The courthouse is equipped with an audible alarm system. There is not a visual fire alarm located within the toilet room. Standards §§ 4.1.3(14), and 4.28.1.28. Second Floor Drinking Fountain
a. One drinking fountain was surveyed on the second floor. Fifty percent of the drinking fountains provided on the second floor shall be accessible to individuals who use wheelchairs and the remaining fountains shall be accessible to individuals who have difficulty bending or stooping. (Accessibility can be achieved through the provision of paper cups within accessible reach ranges). Standards §§ 4.1.3(10), and 4.15.1.
1. The spout of the drinking fountain in the Probate Courtroom is 41 inches high instead of no more than 36 inches high. Standards §§ 4.1.3(10), and 4.15.2.
29. Second Floor Telephone
a. There is one telephone located in the corridor on the second floor. At least one telephone on the second floor shall be accessible. Standards §§ 4.1.3(17), and 4.31.1.
b. The coin return is 61-1/2 inches high instead of no more than 54 inches high for the side reach provided. Standards §§ 4.1.3(17), 4.31.3, and 4.2.6.
c. The telephone does not have a volume control. All accessible telephones shall be equipped with a volume control. Standards § 4.1.3(17)(b).30. Third Floor Lobby/Corridor
a. The fire extinguishers at each end of the corridor are mounted to the wall with their leading edges 34-1/2 inches high, and they protrude 5 inches into the corridor. Objects mounted with their leading edge between 27 and 80 inches may protrude no more than 4 inches. Objects mounted at or below 27 inches may protrude any amount. Standards §§ 4.1.3(2), and 4.4.1.
31. Clerk of Courts Office
a. The door threshold is 3/4 inch high instead of no more than 1/2 inch high and beveled to 1:2. Standards §§ 4.1.3(7), and 4.13.8.
b. The counter is 43-1/2 inches high. There is not a portion of the counter that is no more than 36 inches high provided. Standards § 7.2(2).
c. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the public/common use area of the office. Standards §§ 4.1.3(14), and 4.28.1.32. Within 3 years of the effective date of this agreement, modify the Victim Witness Program / Grand Jury Office
a. There is no maneuvering space at the latch side of the entrance door instead of at least 12 inches for the forward push approach provided to a door that has both a closer and a latch. Standards §§ 4.1.3(7), and 4.13.6.
b. The entrance door has knob hardware which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(7), and 4.13.9.
c. The force required to open the entrance door is 11 lbf instead of no more than 5 lbf. Standards §§ 4.1.3(7), and 4.13.11.
d. The route to the Grand Jury Room is 30 inches wide instead of at least 36 inches wide. Standards §§ 4.1.3(1), and 4.3.3.
e. The courthouse is equipped with an audible alarm system. There is not a visual fire alarm located within the public/common use area of the office. Standards §§ 4.1.3(14), and 4.28.1.33. Within 3 years of the effective date of this agreement, modify the Grand Jury Room
a. The route to the spectator seating is 28 inches wide instead of at least 36 inches wide. Standards §§ 4.1.3(1), and 4.3.3.
b. The courthouse is equipped with an audible alarm system. There is not a visual fire alarm located within the room. Standards §§ 4.1.3(14), and 4.28.1.34. Within 3 years of the effective date of this agreement, modify Courtroom No. 3 - Common Pleas
(All courtrooms located on the third floor are unique in design and dimension. Courtroom No. 3 was measured as a representative sample.)a. The door threshold is 3/4 inch high instead of no more than 1/2 inch high and beveled to 1:2. Standards §§ 4.1.3(7), and 4.13.8.
b. The force required to open the entrance door is 14 lbf instead of no more than 5 lbf. Standards §§ 4.1.3(7), and 4.13.11.
c. The clear opening width of the gate located in the courtroom is 30-1/4 inches instead of at least 32 inches wide. Standards §§ 4.1.3(7) 4.13.3, and 4.13.5.
d. There is a 7 inch change in level from the courtroom floor to the witness stand and jury box, and an accessible route is not provided. Standards §§ 4.1.3(1), 4.3.8, and 4.5.2.
e. The courthouse is equipped with an audible alarm system. There is not a visual fire alarm located within the courtroom. Standards §§ 4.1.3(14), and 4.28.1.35. Within 3 years of the effective date of this agreement, modify the Jury Deliberation Room - Courtroom No. 3
a. The entrance door has knob hardware which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(7), and 4.13.9.
b. The courthouse is equipped with an audible alarm system. There is not a visual fire alarm located within the room. Standards §§ 4.1.3(14), and 4.28.1.36. Within 3 years of the effective date of this agreement, modify the Jury Deliberation Room - Courtroom No. 3 - Unisex Toilet Room
a. There is not directional signage at this toilet room directing individuals to the designated accessible toilet rooms on the second and fourth floors. Standards § 4.1.2(7)(d).
b. The clear opening width of the passageway door is 26-12 inches instead of at least 32 inches. Standards §§ 4.1.3(7), and 4.13.5.
c. There is 10 inches maneuvering space at the latch side of the passageway door instead of at least 18 inches for the forward pull approach provided. Standards §§ 4.1.3(7), and 4.13.6.
d. The passageway door has knob hardware which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(7), and 4.13.9.
e. The clear opening width of the toilet room entrance door is 27 inches instead of at least 32 inches. Standards §§ 4.1.3(7), and 4.13.5.
f. There is a movable cabinet at the latch side of the toilet room entrance door which intrudes on the 18 minimum maneuvering space required for the forward pull approach provided. Standards §§ 4.1.3(7), and 4.13.6.
g. The toilet room entrance door has knob hardware which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(7), and 4.13.9.
h. There is not a 60 inch diameter turning space or t-shaped space in the toilet room. Standards §§ 4.1.3(11), 4.22.3, and 4.2.3.
i. The centerline of the toilet is 17-1/4 inches from the side wall instead of exactly 18 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.16.2.
j. The toilet seat is 15-1/2 inches high instead of between 17 and 19 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.16.3.
k. There are no grab bars provided at the toilet. Standards §§ 4.1.3(11), 4.22.4, and 4.16.4.
l. The toilet paper dispenser is 45 inches from the rear wall to the farthest edge of the dispenser instead of no more than 36 inches. Standards §§ 4.1.3(11), and 4.22.4.
m. The clearance from the floor to the bottom of the lavatory apron is 27-3/4 inches instead of at least 29 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
n. The knee clearance underneath the lavatory is 23 inches high instead of at least 27 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
o. The hot water and drain pipe underneath the lavatory are not insulated or configured against contact. Standards §§ 4.1.3(11), 4.22.6, and 4.19.4.
p. The mirror is 52-1/4 inches high to the bottom edge of the reflecting surface instead of no more than 40 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.6.
q. The paper towel dispenser is located above the lavatory. There is no clear floor space provided at the paper towel dispenser due to the lack of knee space underneath the lavatory. Standards 4.1.3(11), 4.22.7, and 4.27.2.
r. The courthouse is equipped with an audible alarm system. There is not a visual fire alarm located within the toilet room. Standards §§ 4.1.3(14), and 4.28.1.37. Third Floor Drinking Fountain
a. Two drinking fountains were surveyed on the third floor. Fifty percent of the drinking fountains provided on the third floor shall be accessible to individuals who use wheelchairs and the remaining fountains shall be accessible to individuals who have difficulty bending or stooping. Standards §§ 4.1.3(10), and 4.15.1.
1. The spout height of the drinking fountain in Courtroom No. 3 is 41-1/2 inches high instead of no more than 36 inches high. Standards
§§ 4.1.3(10), and 4.15.2.
2. The 30 inch by 48 inch clear floor space for the drinking fountain in Courtroom No. 3 is obstructed by a movable podium. Standards
§§ 4.1.3(10), and 4.15.5.
3. The knee clearance underneath the drinking fountain in the Grand Jury Meeting Room is 25 inches high instead of at least 27 inches high. Standards §§ 4.1.3(10), and 4.15.5.38. Third Floor Telephone
a. There is one telephone located in the corridor on the third floor. At least one telephone on the third floor shall be accessible. Standards §§ 4.1.3(17), and 4.31.1.
b. The coin return is 66 inches high instead of no more than 54 inches high when a side reach is provided. Standards §§ 4.1.3(17), 4.31.3, and 4.2.6.39. Fourth Floor Lobby/Corridor
a. The drinking fountain in the corridor is mounted to the wall with its leading edge 28-3/4 inches high, and it protrudes 18 inches into the corridor. Objects mounted with their leading edge between 27 and 80 inches may protrude no more than 4 inches. Objects mounted at or below 27 inches may protrude any amount. Standards §§ 4.1.3(2), and 4.4.1.
40. Fourth Floor Men’s Toilet Room
a. There is not a sign on the latch side of the door in raised and brailled characters located 60 inches above the floor to the centerline of the sign identifying the Men’s Toilet Room. Standards §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, and 4.30.5.
b. There is 48 inches maneuvering space perpendicular to the entrance door instead of at least 60 inches for the forward pull approach provided. Standards §§ 4.1.3(7), and 4.13.6.
c. The force required to open the entrance door is 20 lbf instead of no more than 5 lbf. Standards §§ 4.1.3(7), and 4.13.11.
d. The toilet stall is 41 inches wide and 92 inches deep with a floor mounted toilet. There is not a 60 inch wide by 59 inch deep toilet stall provided. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, and Figure 30(a).
e. There are two parallel side grab bars provided that are located 45-1/2 inches from the rear wall to the end of the grab bar instead of at least 52 inches. There is not a rear grab bar provided behind the toilet. Standards §§ 4.1.3(11), 4.22.4, and 4.17.6.
f. The centerline of the toilet is 24 inches from the side wall instead of exactly 18 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.16.2.
g. The toilet seat is 15-1/2 inches high instead of between 17 and 19 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.16.3.
h. The toilet flush valve control is located on the wall side of the toilet instead of on the open side of the toilet. Standards §§ 4.1.3(11), 4.22.4, and 4.16.4.
i. The toilet paper dispenser is 39 inches from the rear wall to the farthest edge of the dispenser instead of no more than 36 inches. Standards §§ 4.1.3(11), and 4.22.4.
j. The coat hook located on the toilet stall door is 62 inches high instead of no more than 54 inches high for the side reach provided. Standards §§ 4.1.3(12), 4.25.3, and 4.2.6.
k. The urinal flush control is 45-1/2 inches high instead of no more than 44 inches high. Standards §§ 4.1.3(11), 4.22.5, and 4.18.4.
l. The clearance from the floor to the bottom of the lavatory apron is 26 inches instead of at least 29 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
m. The knee clearance underneath the lavatory is 22-1/4 inches high instead of at least 27 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
n. The hot water and drain pipe underneath the lavatory are not insulated or configured against contact. Standards §§ 4.1.3(11), 4.22.6, and 4.19.4.
o. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the toilet room. Standards §§ 4.1.3(14), and 4.28.1.41. Fourth Floor Women’s Toilet Room
a. There is not a sign on the latch side of the door in raised and brailled characters located 60 inches above the floor to the centerline of the sign identifying the Women’s Toilet Room. Standards §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, and 4.30.5.
b. There is 14-1/2 inches maneuvering space at the latch side of the entrance door instead of at least 18 inches for the forward pull approach provided. Standards §§ 4.1.3(7) and 4.13.6.
c. The toilet stall is 42 inches wide and 98 inches deep with a floor mounted toilet. There is not a 60 inch wide by 59 inch deep toilet stall provided. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, and Figure 30(a).
d. There is 3-1/2 inches maneuvering space at the latch side of the toilet stall door instead of at least 18 inches for the forward pull approach provided. Standards §§ 4.1.3(11), 4.22.4, 4.17.5, and 4.13.6.
e. There are two parallel side grab bars provided that are located 48 inches from the rear wall to the end of the grab bar instead of at least 52 inches. There is not a rear grab bar provided behind the toilet. Standards §§ 4.13(11), 4.22.4, and 4.17.6.
f. The centerline of the toilet is 17-1/2 inches from the side wall instead of exactly 18 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.16.2.
g. The toilet seat is 16 inches high instead of between 17 and 19 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.16.3.
h. The coat hook located on the toilet stall door is 62-3/4 inches high instead of no more than 54 inches high for the side reach provided. Standards §§ 4.1.3(12), 4.25.3, and 4.2.6.
i. The clearance from the floor to the bottom of the lavatory apron is 26 inches instead of at least 29 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
j. The knee clearance underneath the lavatory is 22 inches high instead of at least 27 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
k. The hot water and drain pipe underneath the lavatory are not insulated or configured against contact. Standards §§ 4.1.3(11), 4.22.6, and 4.19.4.
l. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the toilet room. Standards §§ 4.1.3(14), and 4.28.1.42. Courtroom No. 8 - Common Pleas
(All courtrooms located on the fourth floor are unique in design and dimension.
Courtroom No. 8 was measured as a representative sample.)a. The entrance door has knob hardware which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(7), and 4.13.9.
b. There is a 5-1/2 inch change in level from the courtroom floor to the witness stand. Within 3 years of the effective date of this agreement, provide an accessible route. Standards §§ 4.1.3(1), 4.3.8, and 4.5.2.
c. There is not a wheelchair accessible space provided within the jury box. Standards §§ 4.1.3(19), and 4.33.1.43. Within 3 years of the effective date of this agreement, modify the Jury Deliberation Room - Courtroom No. 8
a. There is a 11-1/2 inch change in level up from the courtroom floor to the area leading to the jury deliberation room plus a 10 inch change in level down to the jury deliberation room, and an accessible route is not provided. Standards §§ 4.1.3(1), 4.3.8, and 4.5.2.
b. The route to the jury deliberation room is 23 inches wide from the wall to the back of the fixed jury chair instead of instead of at least 36 inches wide. Standards §§ 4.1.3(1), and 4.2.1.
c. The fixed chairs of the jury box intrude on the 18 inch by 60 inch maneuvering space at the latch side of the entrance door for the forward pull approach provided. Standards §§ 4.1.3(7), and 4.13.6.
d. The courthouse is equipped with an audible alarm system. There is not a visual fire alarm located within the room. Standards §§ 4.1.3(14), and 4.28.1.44. Within 3 years of the effective date of this agreement, modify the Jury Deliberation Toilet Room - Courtroom No. 8
a. The clear opening width of the entrance door is 27 inches instead of at least 32 inches. Standards §§ 4.1.3(7), and 4.13.5.
b. The entrance door has knob hardware which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(7), and 4.13.9.
c. There is not a 60 inch diameter turning space or t-shaped space in the toilet room. Standards §§ 4.1.3(11), 4.22.3, and 4.2.3.
d. There are no grab bars provided. Standards §§ 4.1.3(11), 4.22.4, and 4.16.4.
e. The toilet seat is 15-1/4 inches high instead of between 17 and 19 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.16.3.
f. The toilet paper dispenser is 38 inches from the rear wall to the farthest edge of the dispenser instead of no more than 36 inches. Standards §§ 4.1.3(11), and 4.22.4.
g. The clearance from the floor to the bottom of the lavatory apron is 27-1/2 inches instead of at least 29 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
h. The knee clearance underneath the lavatory is 23 inches high instead of at least 27 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
i. The hot water and drain pipe underneath the lavatory are not insulated or configured against contact. Standards §§ 4.1.3(11), 4.22.6, and 4.19.4.
j. The mirror is 53-1/4 inches high to the bottom edge of the reflecting surface instead of no more than 40 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.6.
k. The paper towel dispenser is located above the lavatory. There is no clear floor space provided at the paper towel dispenser due to the lack of knee space underneath the lavatory. Standards 4.1.3(11), 4.22.7, and 4.27.2.
l. The courthouse is equipped with an audible alarm system. There is not a visual fire alarm located within the toilet room. Standards §§ 4.1.3(14), and 4.28.1.45. Fourth Floor Telephone
a. There is one telephone located in the corridor on the fourth floor. At least one telephone on the fourth floor shall be accessible. Standards §§ 4.1.3(17), and 4.31.1.
b. The coin return is 64 inches high instead of no more than 54 inches high when a side reach is provided. Standards §§ 4.1.3(17), 4.31.3, and 4.2.6.B. In order to ensure that the County Family Court Center - Annex, for which construction commenced after January 26, 1992, is readily accessible to and usable by individuals with disabilities, the County will modify the following spaces and elements within 2 years of the effective date of this Agreement.
46. First Floor Telephones
a. The telephone bank at the street level entrance contains two telephones. The lowered telephone was surveyed. The length of the cord from the telephone to the handset is 28 inches instead of at least 29 inches. Standards § 4.31.8.
47. Elevators
(The following comments apply to all three of the Annex elevators at all floor levels.)a. The elevator hoistway entrances at all floors do not have raised and brailled floor designations provided on both jambs. Standards § 4.10.5.
b. The elevator intercommunication system requires voice communication and is not usable by individuals with hearing impairments. Standards § 4.10.14.48. Clerk of Courts Office
a. The counter is 43 inches high. A portion of the counter which is at least 36 inches wide and no more than 36 inches high, an auxiliary counter at least 36 inches high, or equivalent facilitation is not provided. Standards § 7.2.
49. Juvenile Division Office - Formerly
a. The reception counter is 42 inches high. A portion of the counter which is at least 36 inches wide and no more than 36 inches high, an auxiliary counter at least 36 inches high, or equivalent facilitation is not provided. Standards § 7.2.
50. Courtrooms No. 3 through No. 8
a. The coat rod is 67 inches high and the shelf is 70 inches high. There is not a rod and shelf that is no more than 54 inches high for the side reach provided. Standards §§ 4.25.3, and 4.2.6.
51. Elevator Lobby Doors - Second through Fifth Floors
a. There is 7 inches maneuvering space at the latch side of the entrance door, instead of at least 18 inches for the forward pull approach provided. Standards § 4.13.6.
52. Men’s and Women’s Toilet Rooms - Fourth and Fifth Floors (unless otherwise noted)
(Provisions apply to Men’s and Women’s Toilet Rooms unless otherwise noted)a. There is not a sign on the latch side of the door in raised and brailled characters located 60 inches above the floor to the centerline of the sign identifying the Men’s and Women’s Toilet Rooms. Standards §§ 4.30.1, 4.30.4, 4.30.5, and 4.30.6.
b. There is not a 60 inch diameter turning space or t-shaped space in the toilet room. Standards §§ 4.1.3(11), 4.22.3, and 4.2.3.
c. There is no maneuvering space at the latch side of the door, instead of at least 12 inches for the forward push approach provided to a door that has both a closer and a latch. Standards § 4.13.6.
d. The force to open the door is 8 lbf instead of no more than 5 lbf. Standards § 4.13.11.
e. On the third floor, the door lever handle was eliminated for security reasons to prevent the juveniles from locking themselves into the toilet rooms. However, the door cannot be opened without tight grasping, tight pinching, or twisting of the wrist. Standards § 4.13.9.
f. The centerline of the toilet is 21-1/2 inches from the side wall instead of exactly 18 inches. Standards §§ 4.22.4, and 4.17.3.
g. The toilet flush valve control is located on the wall side of the toilet instead of on the open side of the toilet. (Men’s Toilet Room only). Standards §§ 4.22.4, and 4.16.5.
h. The knee clearance underneath the lavatory is 25 inches high instead of at least 27 inches high. Standards §§ 4.22.6, and 4.19.2.
i. The hot water and drain pipe underneath the lavatory are not insulated or configured against contact. Standards §§ 4.22.6, and 4.19.4.
j. The mirror is 43 inches high to the bottom edge of the reflecting surface. There is not a mirror which is no more than 40 inches high to the bottom edge of the reflecting surface. Standards §§ 4.22.6, and 4.19.6.
k. The soap dispenser is located above the lavatory. There is no clear floor space provided at the soap dispenser due to the lack of knee space underneath the lavatory. Standards §§ 4.22.7, and 4.27.2.
l. The courthouse is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the toilet room. Standards § 4.28.1.53. Telephones - Fourth and Fifth Floors
a. The coin return is 57-1/2 inches high, instead of no more than 54 inches high for the side reach provided. Standards §§ 4.31.3, and 4.2.6.
b. The telephone is mounted to the wall with its leading edge 36-1/4 inches high, and it protrudes 11-1/2 inches into the corridor. Objects mounted with their leading edge between 27 and 80 inches may protrude no more than 4 inches. Objects mounted at or below 27 inches may protrude any amount. Standards § 4.4.1.54. Drinking Fountains - Fourth and Fifth Floors
a. There is only one drinking fountain per floor on the second through fifth floors. The drinking fountain has a lowered spout. There is not a drinking fountain which is accessible to individuals who have difficulty bending and stooping. Standards § 4.1.3(10).
55. Receptionist’s Office - Fourth Floor
a. The reception counter is 42 inches high. A portion of the counter which is at least 36 inches wide and no more than 36 inches high, an auxiliary counter at least 36 inches high, or equivalent facilitation is not provided. Standards § 7.2.
56. Counselor’s Office - Fourth Floor
a. The reception counter is 42 inches high. A portion of the counter which is at least 36 inches wide and no more than 36 inches high, an auxiliary counter at least 36 inches high, or equivalent facilitation is not provided. Standards § 7.2.
57. Fifth Floor - Courtroom No. 3 (Large courtroom)
a. The force to open the outer vestibule door is 12 lbf instead of no more than 5 lbf. Standards § 4.13.11.
b. The force to open the inner vestibule door is 11 lbf instead of no more than 5 lbf. Standards § 4.13.11.
c. The courtroom spectator seating is fixed bench seating. There is not a wheelchair accessible space provided. Standards § 4.33.1.
d. The clear opening width of each leaf of the double leaf gate is 27-1/4 inches instead of at least 32 inches. Standards §§ 4.13.3, 4.13.4, and 4.13.5.
e. The jury box is up 2 risers from the courtroom floor and is entered through a gate that has a clear opening width of 30 inches, instead of no more than 32 inches. Within 3 years of the effective date of this agreement, provide an accessible route to the jury box, and a wheelchair accessible space within the jury box. Standards §§ 4.3.8, 4.13.5, and 4.33.1.58. Fifth Floor - Courtrooms No. 4 through No. 10
a. The coat hooks are 66-1/4 inches high. There is not a hook that is no more than 54 inches high for the side reach provided. Standards §§ 4.25.3, and 4.2.6.
59. Fifth Floor - Assignment Commissioners Office
a. The counter is 43-1/2 inches high. A portion of the counter which is at least 36 inches wide and no more than 36 inches high, an auxiliary counter at least 36 inches high, or equivalent facilitation is not provided. Standards § 7.2.
60. Fifth Floor - Magistrates Office
a. The reception counter is 42 inches high. A portion of the counter which is at least 36 inches wide and no more than 36 inches high, an auxiliary counter at least 36 inches high, or equivalent facilitation is not provided. Standards § 7.2.
D. In order to ensure that the County Senior Center, for which alterations commenced after January 26, 1992, is readily accessible to and usable by individuals with disabilities, the County will modify the following spaces and elements within 2 years of the effective date of this Agreement.
61. Parking
a. There are no van accessible spaces provided. Standards § 4.1.2(5)(b).
b. The designated accessible spaces that are provided are not designated as reserved by a sign displaying the international symbol of accessibility. Standards §§ 4.1.2(5), and 4.6.4.62. Main Entrance
a. The slope of the curb ramp in front of the entrance door is 1:6.7 instead of no more than 1:12. Standards §§ 4.1.2(1), 4.3.8, 4.7.2, and 4.8.2.
63. Pool Room
a. The coat rack rod is 58 inches high. There is not a rod provided that is no more than 54 inches high for a side reach. Standards §§ 4.1.3(12), and 4.25.3.
b. The coat rack shelf is 60-3/4 inches high. There is not a shelf provided that is no more than 54 inches high for a side reach. Standards §§ 4.1.3(12), and 4.25.3.
c. The senior center is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the room. Standards §§ 4.1.3(14), and 4.28.1.64. Women’s Toilet Room
a. There is not a sign on the latch side of the door in raised and brailled characters located 60 inches above the floor to the centerline of the sign identifying the Women’s Toilet Room. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.5, and 4.30.6.
b. There are four toilet stalls provided which are similar in design and detail. The toilet stall that was measured is 35-1/2 inches wide and 56-1/4 inches deep with a wall mounted toilet. There is not a 60 inch wide by 56 inch deep toilet stall provided. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, and Figure 30(a).
c. The clear opening width of the toilet stall door is 30-1/2 inches instead of at least 32 inches wide. Standards §§ 4.1.3(11), 4.22.4, 4.17.5, and 4.13.5.
d. The toilet stall door has a twist latch which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(11), 4.22.4, 4.17.5, and 4.13.9.
e. The toilet seat is 19-1/4 inches high instead of between 17 and 19 inches high. Standards §§ 4.1.3(11), 4.22.4, and 4.16.3.
f. The toilet flush valve control is located on the wall side of the toilet instead of on the open side of the toilet. Standards §§ 4.1.3(11), 4.22.4, and 4.16.5.
g. The toilet paper dispenser is 37 inches from the rear wall to the farthest edge of the dispenser instead of no more than 36 inches. Standards §§ 4.1.3(11), 4.22.4.
h. There are two parallel side grab bars provided that are located 45 inches from the rear wall to the end of the grab bar instead of at least 52 inches. The side grab bar is 25 inches long instead of at least 40 inches long. There is not a rear grab bar provided behind the toilet. Standards §§ 4.13(11), 4.22.4, and 4.17.6.
i. The side grab bars are 32-1/2 inches high instead of between 33 and 36 inches high. Standards §§ 4.1.3(11), 4.22.4, and 4.17.6.
j. The space between the wall and the grab bar is 2-3/8 inches instead of exactly 1-1/2 inches. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, and 4.26.2.
k. The diameter of the grab bar is 1 inch instead of between 1-1/4 and 1-1/2 inches. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, and 4.26.2.
l. There are four lavatories provided which are similar in design and detail. At least one lavatory shall be accessible. Standards §§ 4.1.3(11), 4.22.6, and 4.19.1.1. The clearance from the floor to the bottom of the lavatory apron is 28-3/4 inches instead of at least 29 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
2. The knee clearance underneath the lavatory is 25-1/2 inches high instead of at least 27 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
3. The hot water and drain pipe underneath the lavatory are not insulated or configured against contact. Standards §§ 4.1.3(11), 4.22.6, and 4.19.4.m. The soap dispenser is located above the lavatory. There is no clear floor space provided at the soap dispenser due to the lack of knee space underneath the lavatory. Standards 4.1.3(11), 4.22.7, and 4.27.2.
n. The soap dispenser control is 55 inches high instead of no more than 48 inches high for the forward reach provided. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, and 4.2.5.
o. There are three paper towel dispensers provided. At least one paper towel dispenser shall be accessible. Standards §§ 4.1.3(11), 4.22.7, and 4.27.1.
p. Two of the paper towel dispensers have an outlet for the paper towels that is 54 inches high, but they are not stocked with paper towels. The other paper towel dispenser (which is stocked with paper towels) has a control that is 57-1/2 inches high instead of no more than 54 inches high for the side reach provided. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, and 4.2.6.
q. The paper towel dispenser (which is stocked with paper towels) has a twist handle control which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(11), 4.22.7, and 4.27.4.
r. The senior center is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the toilet room. Standards §§ 4.1.3(14) and 4.28.1.65. Men’s Toilet Room
a. There is not a sign on the latch side of the door in raised and brailled characters located 60 inches above the floor to the centerline of the sign identifying the Men’s Toilet Room. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, and 4.30.6.
b. There are two toilet stalls provided which are similar in design and detail. The toilet stall that was measured is 35-1/2 inches wide and 55-1/2 inches deep with a wall mounted toilet. There is not a 60 inch wide by 56 inch deep toilet stall provided. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, and Figure 30(a).
c. The clear opening width of the toilet stall door is 30-1/2 inches instead of at least 32 inches wide. Standards §§ 4.1.3(11), 4.22.4, 4.17.5, and 4.13.5.
d. The centerline of the toilet is 19 inches from the side wall instead of exactly 18 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.17.3.
e. The toilet paper dispenser is 35 inches from the rear wall to the farthest edge of the dispenser instead of no more than 36 inches. Standards §§ 4.1.3(11), 4.22.4, and 4.16.6.
f. There are two parallel side grab bars provided that are located 42 inches from the rear wall to the end of the grab bar instead of at least 52 inches. The side grab bar is 24 inches long instead of at least 40 inches long. There is not a rear grab bar provided behind the toilet. Standards §§ 4.13(11), 4.22.4, and 4.17.6.
g. The side grab bars are 32-1/2 inches high instead of between 33 and 36 inches high. Standards §§ 4.1.3(11), 4.22.4, and 4.17.6.
h. The space between the wall and the grab bar is 2-3/8 inches instead of exactly 1-1/2 inches. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, and 4.26.2.
i. The diameter of the grab bar is 1 inch instead of between 1-1/4 and 1-1/2 inches. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, and 4.26.2.
j. There are two urinals provided which are similar in design and detail. At least one urinal shall be accessible. Standards §§ 4.1.3(11), 4.22.5, and 4.18.1.
k. The urinal rim is 25 inches high instead of no more than 17 inches high. Standards §§ 4.1.3(11), 4.22.5, and 4.18.2.
l. The urinal flush control is 52 inches high instead of no more than 44 inches high. Standards §§ 4.1.3(11), 4.22.5, and 4.18.4.
m. There are two lavatories provided which are similar in design and detail. At least one lavatory shall be accessible. Standards §§ 4.1.3(11), 4.22.6, and 4.19.1.
n. The clearance from the floor to the bottom of the lavatory apron is 27-3/4 inches instead of at least 29 inches. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
o. The knee clearance underneath the lavatory is 24-1/2 inches high instead of at least 27 inches high. Standards §§ 4.1.3(11), 4.22.6, and 4.19.2.
p. The hot water and drain pipe underneath the lavatory are not insulated or configured against contact. Standards §§ 4.1.3(11), 4.22.6, and 4.19.4.
q. There are two mirrors which are 49 inches high to the bottom edge of the reflecting surface. There is not a mirror which is no more than 40 inches high to the bottom edge of the reflecting surface. Standards §§ 4.1.3(11), 4.22.6, and 4.19.6.
r. The soap dispenser is located above the lavatory. There is no clear floor space provided at the soap dispenser due to the lack of knee space underneath the lavatory. Standards 4.1.3(11), 4.22.7, and 4.27.2.
s. The soap dispenser control is 52 inches high instead of no more than 48 inches high for the forward reach provided. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, and 4.2.5.
t. The paper towel dispenser control is 54-3/4 inches high instead of no more than 54 inches high for the side reach provided. Standards §§ 4.1.3(11), 4.22.7, 4.27.3, and 4.2.6.
u. The paper towel dispenser has a twist handle control which cannot be operated without tight grasping, tight pinching, or twisting of the wrist. Standards §§ 4.1.3(11), 4.22.7, and 4.27.4.
v. The senior center is equipped with an audible alarm system. Within 3 years of the effective date of this agreement, provide a visual fire alarm located within the toilet room. Standards §§ 4.1.3(14), and 4.28.1.66. Drinking Fountains
a. There are two drinking fountains in the senior center. One of the drinking fountains provided shall be accessible to individuals who use wheelchairs and the other fountain shall be accessible to individuals who have difficulty bending or stooping. Neither of the drinking fountains is accessible to individuals who have difficulty bending or stooping. Standards §§ 4.1.3(10), and 4.15.1.
b. Main Room Drinking Fountain1. The knee clearance underneath the drinking fountain is 26-1/2 inches high instead of at least 27 inches high. Standards §§ 4.1.3(10), and 4.15.5.
2. The trajectory of the water flow is 45 degrees from the front of the unit instead of nearly parallel to the front of the unit. Standards §§ 4.1.3(10), and 4.15.3.c. Toilet Room Corridor Drinking Fountain
1. The knee clearance underneath the drinking fountain is 24-3/4 inches high instead of at least 27 inches high. Standards §§ 4.1.3(10), and 4.15.5.
2. The flow of water from the spout is 2 inches high instead of at least 4 inches high. Standards §§ 4.1.3(10), and 4.15.3.IMPLEMENTATION AND ENFORCEMENT
67. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.
68. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the County in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the County, it may institute a civil action in federal district court directly to enforce Title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce the Rehabilitation Act.
69. 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.
70. In the event that the County fails to comply in a timely manner with any requirement of
this Agreement without obtaining sufficient advance written agreement from the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce Title II of the ADA, or may commence proceedings to suspend or terminate its financial assistance to the County.
71. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the County or the Department on request.
72. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the County's continuing responsibility to comply with all aspects of the ADA.
73. This Agreement will remain in effect for three 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.
74. The effective date of this Agreement is the date of the last signature below.
75. The person signing for Lucas County, Ohio, represents that he or she is authorized to bind the County to this Agreement.
For the County: For the United States:
________________________________
HARVEY BARLOS, PRESIDENT
Lucas County Commissioners
1 Government Center, Suite 800
Toledo, Ohio 43604
________________________________
MARGARET B. THURBER, MEMBER
Lucas County Commissioners
________________________________
TINA SKELDON WOZNIAK, MEMBER
Lucas County Commissioners
Date:_______04/03/03_____________
________________________________
JULIA R. BATES
Lucas County Prosecuting Attorney
BY: JAMES C. WALTER
Lucas County Assistant Prosecuting Attorney
RALPH F. BOYD, JR.,
Assistant Attorney General
By:_____________________________
JOHN L. WODATCH, Chief
SUSAN BUCKINGHAM REILLY, Deputy Chief
NAOMI MILTON, Supervising Attorney
BROOKS SINGER, ESQ., Investigator
Disabilty Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington , DC 20530
Date:________04/07/03_____________
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March 25, 2004