Settlement Agreement between the United States and Madison County, Attachment (J)

Attachment J: Modifications to Altered Facilities

Please Note: Paragraph 46 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the County provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

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

1. Within 24 months of the effective date of the Agreement, the County will complete the following modifications to the Fire Station #16:

a. Parking: Although there is a parking lot with less than 25 parking spaces, there are no parking spaces designated for people with disabilities. On the shortest accessible route to the accessible entrance, provide one van accessible space designated as reserved for people with disabilities. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

b. Drinking Fountain: Although an accessible drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. Provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards §§ 4.1.3(10)(a), 4.1.6(1)(b).

c. Unisex Single-User Toilet Room #1

i. There is no signage directing people with disabilities to the accessible toilet room. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

ii. The unisex single user toilet room contains a number of inaccessible elements and is not accessible to people with disabilities. Provide an accessible toilet room such that all of the room's elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

d. Unisex Single-User Toilet Room #2

i. The toilet room sign is mounted with the centerline at 42 inches above the finished floor. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet room. Provide a visual alarm appliance in the toilet room. Standards §§ 4.1.3(14), 4.1.6(1)(b), 4.28.1, 4.28.3.

iii. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iv. The lavatory is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

v. The toilet is inaccessible because its centerline measures 26 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.2, Fig. 28.

vi. The side grab bar at the toilet is inaccessible because it is 36 inches in overall length, with the far end mounted at 49 inches from the rear wall and the closer end at 13 ½ inches. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

vii. The rear grab bar at the toilet is inaccessible because it is 24 inches in overall length, with the closer end 13 inches from the side wall. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

2. Within 24 months of the effective date of the Agreement, the County will complete the following modifications to the Jackson Madison County Health Department:

a. Entrances: The interior doors at both entrances are inaccessible because the pressure required to open the doors is 15 pounds. Provide interior doors that require no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

b. Women's Single-User Toilet Room (Front Clinical Section)

i. The door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

ii. The toilet is inaccessible because the flush control is on the closed side. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.27.4.

iii. The rear grab bar at the toilet is inaccessible because it is 24 inches in overall length. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Fig. 30.

c. Men's Single-User Toilet Room (Front Clinical Section)

iii. The toilet paper dispenser is inaccessible because the distance of the toilet paper dispenser to the rear wall is 39 inches. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6, Fig. 29(b).

iv. The rear grab bar at the toilet is inaccessible because it is 24 inches in overall length. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Fig. 30.

d. The tall drinking fountains protrude into the walkway and would not be detectable to a blind person using a cane. Provide a circulation path at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Providing a cane-detectable barrier is an acceptable solution. Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

e. Clinic Cashier Counter: The counter protrudes into the main walkway and would not be detectable to a blind person using a cane. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

f. The door is inaccessible because it has only 13 inches of maneuvering space on the pull side beside the door. On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

g. Unisex Single-User Toilet Room (Clinical Entrance)

i. The door is inaccessible because knob hardware is used. Provide a door with hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.2, 4.13.9.

ii. The toilet paper dispenser is inaccessible because the distance of the toilet paper dispenser to the rear wall is 39 inches. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6, Fig. 29(b).

iii. The rear grab bar at the toilet is inaccessible because it is 24 inches in overall length. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

iv. The specimen door is inaccessible because it requires tight grasping. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.9.

h. The conference rooms (#1000 & 1001) are inaccessible to people with hearing impairments because there is no assistive listening system provided. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide a minimum of 2 receivers for use by the general public and signage indicating their availability. 28 C.F.R. §35.160; Standards §§ 4.1.3(19)(b), 4.1.6(1)(b), 4.30, 4.33.

i. Women's Toilet Room with Stalls (Administrative Section)

ii. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

j. Men's Toilet Room with Stalls (Administrative Section)

iii. The toilet is inaccessible because the flush control is on the closed side. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.