Attachment G: Program Access in Existing Facilities

Please Note: Paragraph 42 of the Agreement requires that within six months of the effective date of this Agreement, unless otherwise stated, the County will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

1.     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.

2.     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:

3.     Within 12 months of the effective date of this agreement, the County will complete the following modifications to the County Administration Building.

a.     Second Floor Lobby Men’s/Women’s Toilet Rooms with Stalls

i.     There is no signage directing people with disabilities to the accessible toilet rooms. 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 doors are inaccessible because the pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii.     The urinal is inaccessible because there is insufficient clear floor space in front of the urinal, the urinal rim height is 25 inches and the flush control height is 53 inches. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.18.2, 4.18.3, 4.18.4.

iv.     There is no accessible stall provided. Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

v.     As an alternative to making the alterations listed in paragraphs a.i through a.iv, above, the County shall provide a fully accessible men’s and women’s toilet rooms (or a unisex toilet room) nearby, shall provide directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the accessible toilet room, and shall provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. The County is in the process of providing accessible unisex toilet rooms on the 2nd and 8th floors of the building. The County intends to construct these facilities in compliance with Standards and to complete them within 24 months of the effective date of this agreement. 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.

b.     First Floor Pay Telephone. There is no signage indicating that the pay telephone provided is accessible. Provide a sign with the international symbol of accessibility identifying the telephone as accessible, and which complies with the Standards. Standards § 4.30.7(1), Fig. 43.

c.     Engineering Division

i.      The permanent room marker signage is not accessible. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii.      The counter is inaccessible because it is 48 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 7.2(2), 4.3.

d.      Department of Public Works - Room 322

i.      Doors

(1)      The permanent room marker signage is not accessible. Provide room signs with raised and Braille characters. The signs 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2)      The door is inaccessible because the pressure required to open the door is 13 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

ii.     The third floor Conference Room permanent room marker signage is not accessible. Provide room signs with raised and Braille characters. The signs 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

iii.     The counter is inaccessible because it is 44 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 7.2(2), 4.3.

e.     Wastewater Reclamation Division. The permanent room marker signage is not accessible. Provide room signs with raised and Braille characters. The signs 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

f.     Landfill Diversion/Grants Management. The permanent room marker signage is not accessible. Provide room signs with raised and Braille characters. The signs 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

g.     Meter Installation & Transfers - Fifth Floor.

i.     The permanent room marker signage is not accessible. Provide room signs with raised and Braille characters. The signs 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii.     The counter is inaccessible because it is 44½ inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 7.2(2), 4.3.

h.     Purchasing Division, Division of Finance. The threshold at the entry to the Central Purchasing Agent’s office is inaccessible because it is ¾ inch high. The route within the room is inaccessible as well because of the barrier posed by the electrical plug strip. Provide a door with a threshold no greater than ¼ inch, or between ¼ inch and ½ inch and beveled with a slope no greater than 1:2. Also provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, 4.13.8, 4.5.2, Fig. 7.

i.     Information Office

i.     There is no permanent room signage. Provide room signs with raised and Braille characters. The signs 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii.     The counter is inaccessible because it is 42 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 7.2(1), 4.3.

j.     Civil Defense Agency - Emergency Operations Center. The push button for the automatic door does not release the door. Ensure that the automatic door functions properly. 28 C.F.R. § 35.133(a).

4.     Within 36 months of the effective date of this agreement, the County will complete the following modifications to the County Administration Building.

a.     Wastewater Reclamation Division. The door to the Division Chief’s office is inaccessible because it has an opening width of only 30 inches. Provide a door with a 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.     Immigrant Services - Office on Aging. The door to the Immigrant Services office is inaccessible because it has an opening width of only 29 inches. Provide a door with a 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.

c.     Meter Installation & Transfers - Fifth Floor.

i.     The door to the Deputy Director’s office is inaccessible because it has an opening width of only 29 ½ inches. Provide a door with a 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.

ii.     The door to the Director’s office is inaccessible because it has an opening width of only 29 inches. Provide a door with a 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.

d.     Department of Economic Development. The door to the Coordinating Specialist’s office is inaccessible because it has an opening width of only 29 inches. Provide a door with a 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.

e.     Purchasing Division, Division of Finance. The door to the Central Purchasing Agent’s office is inaccessible because it has an opening width of only 29 inches. Provide a door with a 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.

f.     Council Services, County Clerk - 7th floor. The double doors to the entrance are inaccessible because each leaf of the doors is 24 inches wide. Provide a door at this location that has at least one active leaf with a clear opening at least 32 inches wide when measured from the face of the door to the middle edge of the other door when one door is opened 90 degrees and that has hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist OR provide an automatic door opener that opens both doors simultaneously. Where no automatic opener is provided, door hardware may be lever-operated, push-type, or a U-shaped handle. Unless an automatic door operator is provided, there must be clear and level maneuvering clearances at the pull side and the push side of the active leaf as indicated in Fig. 25. The doors’ threshold must be ½ inch or less in height and beveled with a slope of no greater than 1:2. If a door closer is provided, it must be set so that the sweep period of the active leaf will, from an open position of 70 degrees, take 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door. The active leaf must not take more than 5 pounds of force to open or close. Standards § 4.13, Figs. 24, 25.

g.     Mayor’s Office

i.     The double doors to the Mayor’s lounge are inaccessible because each leaf of the doors is 30 inches wide. Provide a door at this location that has at least one active leaf with a clear opening at least 32 inches wide when measured from the face of the door to the middle edge of the other door when one door is opened 90 degrees and that has hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist OR provide an automatic door opener that opens both doors simultaneously. Where no automatic opener is provided, door hardware may be lever-operated, push-type, or a U-shaped handle. Unless an automatic door operator is provided, there must be clear and level maneuvering clearances at the pull side and the push side of the active leaf as indicated in Fig. 25. The doors’ threshold must be ½ inch or less in height and beveled with a slope of no greater than 1:2. If a door closer is provided, it must be set so that the sweep period of the active leaf will, from an open position of 70 degrees, take 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door. The active leaf must not take more than 5 pounds of force to open or close. Standards § 4.13, Figs. 24, 25.

ii.     The double doors to the conference room from the Mayor’s office are inaccessible because each leaf of the doors is 24 inches wide. Provide a door at this location that has at least one active leaf with a clear opening at least 32 inches wide when measured from the face of the door to the middle edge of the other door when one door is opened 90 degrees and that has hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist OR provide an automatic door opener that opens both doors simultaneously. Where no automatic opener is provided, door hardware may be lever-operated, push-type, or a U-shaped handle. Unless an automatic door operator is provided, there must be clear and level maneuvering clearances at the pull side and the push side of the active leaf as indicated in Fig. 25. The doors’ threshold must be ½ inch or less in height and beveled with a slope of no greater than 1:2. If a door closer is provided, it must be set so that the sweep period of the active leaf will, from an open position of 70 degrees, take 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door. The active leaf must not take more than 5 pounds of force to open or close. Standards § 4.13, Figs. 24, 25.

h.     Civil Defense Agency - Emergency Operations Center. The door to the Civil Defense Director’s office is inaccessible because it has a clear opening width of only 31 inches. Provide a door with a 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.

i.     Council Chambers - 8th floor. The ramp in the area of the public podium is inaccessible because it has no handrails. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Standards § 4.8.5.

j.     Elevator

i.     Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person. Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds. Standards §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

ii.     Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device. If the system uses a handset, ensure that the length of the cord from the panel to the handset is at least 29 inches. If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist. Standards §§ 4.10.14. 4.31.8.

k.     Corporation Counsel. The double doors to the Corporation Counsel’s office are inaccessible because each leaf of the doors is 29 inches wide. Provide a door into the office that has at least one active leaf with a clear opening at least 32 inches wide when measured from the face of the door to the middle edge of the other door when one door is opened 90 degrees and that has hardware usable with one hand and without tight grasping, pinching, or twisting of the wrist OR provide an automatic door opener that opens both doors simultaneously. Where no automatic opener is provided, door hardware may be lever-operated, push-type, or a U-shaped handle. Unless an automatic door operator is provided, there must be clear and level maneuvering clearances at the pull side and the push side of the active leaf as indicated in Fig. 25. The doors’ threshold must be ½ inch or less in height and beveled with a slope of no greater than 1:2. If a door closer is provided, it must be set so that the sweep period of the active leaf will, from an open position of 70 degrees, take 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door. The active leaf must not take more than 5 pounds of force to open or close. Standards § 4.13, Figs. 24, 25.

5.     Within 24 months of the effective date of this agreement, the County will complete the following modifications to the Kalana Pakui Building.

a.     The 1st Floor, Building Permits & Subdivisions Planning Conference Room signage is not accessible. Provide room signs with raised and Braille characters. The signs 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

b.     Rm. 130, Engineering. The counter is inaccessible because it is 54 inches above the finished floor. Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 7.2(1), 4.3.

c.     Men's and Women's Toilet Rooms with Stalls

i.     The ramp to the toilet rooms is inaccessible because it has a slope of 7.6 degrees. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 (4.76 degrees) and a cross slope not exceeding 1:50 (1.15 degrees); with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.

ii.     The men’s room door is inaccessible because the pressure required to open the door is 17 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii.     The women’s room door is inaccessible because the pressure required to open the door is more than 5 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iv.     No accessible mirror has been provided in the toilet rooms. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

v.     The urinal in the men’s toilet room is inaccessible because the urinal height is 24 inches above the finished floor and the urinal flush control height is 50 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.18.2, 4.18.3, 4.18.4.

vi.     The lavatories in the men’s and women’s toilet rooms are 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 § 4.19.4.

vii.     The lavatories in the men’s and women’s toilet rooms are inaccessible because the faucets require tight pinching or grasping to operate. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.

viii.     The toilets in the men’s and women’s toilet rooms are inaccessible because the flush control is not on the "open" side where the clear floor space needed to access the toilet is located. 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 §§ 4.16.5, 4.17.2, 4.27.4.

ix.     No accessible coat hook has been provided in the men’s or women’s toilet stalls. 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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

x.     The sanitary napkin dispenser is inaccessible because it requires tight pinching or grasping. Provide a sanitary napkin dispenser with mechanical controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Provide this sanitary napkin dispenser with the controls 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 §§ 4.27.2, 4.27.3, 4.27.4., 4.2.4, 4.2.5, 4.2.6.

xi.     As an alternative to making the alterations listed in paragraphs d.i through d.x, above, the County shall provide a fully accessible men’s and women’s toilet room (or a unisex toilet room) nearby the inaccessible toilet rooms, shall provide directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the accessible toilet room, and shall 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.

d.     Department of Planning - Top Floor. The permanent room identification signage is not accessible. Provide room signs with raised and Braille characters. The signs 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

6.     Within 36 months of the effective date of this agreement, the County will complete the following modifications to the Kalana Pakui Building.

a.     The exterior ramp to the 1st floor is inaccessible because it has a slope of 5.6 and 6.6 percent and it has no handrails. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 (8.33%) and a cross slope not exceeding 1:50 (2%); with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.

b.     The drinking fountain located inside of the double doors is inaccessible. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. For each accessible drinking fountain, 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 §§ 4.15, 4.27.4, Fig. 27.

c.     The door to Rm. 170, Subdivision Permits is inaccessible because it has an opening width of only 29 inches. Provide a door with a 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.

d.     Rm. 171, Construction. The door to Rm. 171, Subdivision Permits, is inaccessible because it has an opening width of only 29 inches. Provide a door with a 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.

e.     Rm. 150, Development Services Administration. The door is inaccessible because the pressure required to open the door is 15 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

7.     Within 36 months of the effective date of this agreement, the County will complete the following modifications to the Wailuku Circuit Courthouse.

a.     Prosecuting Attorney’s Office. The intercom button is inaccessible because the controls are mounted at 60 inches above the finished floor, and it is obstructed by a keypad. Provide an intercom button such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

8.     Within 12 months of the effective date of this agreement, the County will complete the following modifications to the David K. Trask, Jr. Building.

a.     Parking – Department of Liquor Control. The access aisle for the accessible space is in the line of traffic. At each standard accessible space, provide an access aisle at least 60 inches wide that is protected from the flow of traffic. At each van accessible space, provide an access aisles at least 96 inches wide. Ensure that all access aisles 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), 4.6.3, Fig. 9.

9.     Within 36 months of the effective date of this agreement, the County will complete the following modifications to the Wailuku Fire Station 1.

a.     The drinking fountain is inaccessible. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. For each accessible drinking fountain, 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 §§ 4.15, 4.27.4, Fig. 27.

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

10.     Within 60 months of the effective date of this agreement, the County will complete the following modifications to the Maui Police Department.

a.     Ramp - Main entrance. The ramp is inaccessible because it only has handrails on one side and it does not have a level landing where the ramp changes direction. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; with level landings measuring at least 60 inches by 60 inches when the ramp changes direction; and edge protection that is at least 2 inches high at the drop off sides. Provide handrails that are between 1 ¼ inches and 1½ inches in diameter such that the inside handrail is continuous and both handrails have a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Alternatively, the County of Maui will install an intercom located right outside of the accessible parking space on the level concrete area on the south side of the flag pole so that a person with a disability may request assistance by pushing the intercom and the receiving desk officer would come out to meet that person. Standards §§ 4.3.8, 4.8.

b.     Walkway to After Hours Entrance. The route to the "after hours" entrance is inaccessible because the walkway slope exceeds 1:20. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Alternatively, the County of Maui will install an intercom located right outside of the accessible parking space on the level concrete area on the south side of the flag pole so that a person with a disability may request assistance by pushing the intercom and the receiving desk officer would come out to meet that person. Standards §§ 4.3, 4.5, Fig. 7.

c.     Juvenile Division

i.     The route to the juvenile interrogation area is inaccessible because it is only 29 inches wide. Provide an accessible route to the juvenile interrogation area with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.3.3, 4.13.5.

ii.     The route in the hallway is inaccessible because the telephone is a protruding object that is not cane detectable. 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. Alternatively, the County may remove the telephone. Standards § 4.4.

iii.     The telephone in the hallway is inaccessible because the highest operable control on the telephone is 57 inches above the finished floor, there is no proper signage designating the phone as accessible, and the phone has no volume control. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards. Alternatively, the County may remove the telephone. Standards §§ 4.31, 4.30.7(2).

d.     Men’s and Women’s Toilet Rooms w/Stalls

i.     The signage for the men’s and women ’s toilet room is not accessible. Provide a toilet room sign with 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii.     The doors to the men’s and women’s toilet rooms are inaccessible because they have an opening width of only 27 ½ inches. Provide a door with a 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.

iii.     The men’s and women’s toilet room doors are inaccessible because the pressure required to open the doors is 13 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iv.     The doors to the toilet rooms, which are accessed through a front approach, are inaccessible because they have only 7 inches of pull side clearance. 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 § 4.13.6, Fig. 25(a).

v.     The toilet seat cover dispenser is inaccessible because the controls are mounted at 55 inches above the finished floor over water closet. Provide a toilet seat dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

vi.     The men’s toilet room urinal is inaccessible because the urinal rim is located 24 inches above the finished floor and the flush controls are located 48 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.18.2, 4.18.3, 4.18.4.

vii.     The men’s and women’s toilet room lavatory is inaccessible because it has insufficient knee and toe clearance space underneath. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31. Standards § 4.19.2, Fig. 31.

viii.     The men’s and women’s toilet room 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 § 4.19.4.

ix.     There is insufficient turning space within the toilet room. Provide an unobstructed turning space at least 60 inches in diameter or a T-shaped space complying with Fig. 3(b). Standards §§ 4.22.3, 4.2.3, Fig. 3.

x.     The toilet is inaccessible because its centerline measures 16 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.

xi.     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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

xii.     There are no side or rear grab bars in the toilet stalls. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser or a toilet paper dispenser. Standards §§ 4.17.6, 4.26.2, Fig. 30.

xiii.     As an alternative to making the alterations listed in paragraphs d.i through d.xii, above, the County shall provide a fully accessible unisex toilet room nearby the inaccessible toilet rooms, shall provide directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the accessible toilet room, and shall 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.

e.     Holding Cell – The County will complete the modifications outlined below or will utilize a fully accessible cell elsewhere as needed to provide program access.

i.     The lavatory is inaccessible. Provide a lavatory with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; knee and toe clearances that comply with Fig. 31; clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory; and a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

ii.     The toilet is inaccessible because the top of the seat is lower than 17 inches above the finished floor and there are no grab bars. Provide a toilet with a centerline that is 18 inches from the near side wall; a seat that is between 17 and 19 inches above the finished floor; clear floor space at the toilet that complies with Fig. 28; and a flush control mounted on the "open" side of the toilet’s clear floor space. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1 ¼ and 1 ½ inches; with 1½ inches between the grab bars and the wall; and at least 1 ½ inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser. Standards §§ 4.16, 4.26.2, Figs. 28, 29.

11.     Within 36 months of the effective date of this agreement, the County will complete the following modifications to the Kahului Fire Station.

a.     Doors. The door to where the fire trucks are housed, which is accessed through a front approach, is inaccessible because it has insufficient pull side clearance. 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 § 4.13.6, Fig. 25(a).

b.     Signage. The toilet room signage provided is inaccessible because it does not have Braille. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c.     Toilet Room - Single User

i.     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 § 4.19.4.

ii.     The side grab bar at the toilet is inaccessible because the toilet paper dispenser is mounted less than 1½ inches below it. Provide a side grab bar that has at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.16.4, 4.26.2, Fig. 39.

12.     Within 60 months of the effective date of this agreement, the County will complete the following modifications to the Kihei Police Station.

a.     Parking in Front. Although the parking lot has a total of up to 25 parking spaces, none of these parking spaces is designated as accessible. On the shortest accessible route to the accessible entrance, provide a van accessible space designated as reserved for people with disabilities. 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), 4.6, 4.30.7(1).

b.     Holding Cell. The holding cell is inaccessible to people with mobility impairments. The County will accommodate people with disabilities as needed at the Wailuku Receiving Desk.

13.     Within 60 months of the effective date of this agreement, the County will complete the following modifications to the Lahaina Police Department.

a.     Parking

i.     The parking shared between the DMV and the Police Department designated as reserved for persons with disabilities is not dispersed among the accessible facility entrances of the Police Department. Provide accessible parking such that some accessible parking spaces serve each of the accessible facility entrances. Standards § 4.6.2.

ii.     The route from the parking facility to the main entrance is inaccessible because the slope exceeds 1:20 and the cross slope exceeds 1:50. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.

b.     Drinking Fountain. The wall-mounted drinking fountain is inaccessible because there is insufficient clear floor space. Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward. Alternatively, the County may remove the drinking fountain or provide a cup dispenser within accessible reach ranges. Standards § 4.15.5(1), Figs. 27(a), (b).

c.     Prisoner Entrance. This entrance is inaccessible to people with mobility impairnents. The County will accommodate people with disabilities as needed at the Wailuku Receiving Desk.

d.     Cell. This holding cell is inaccessible to people with mobility impairnents. The County will accommodate people with disabilities as needed at the Wailuku Receiving Desk.

14.     The Department noted areas of noncompliance at the Lahaina Civic Center (Park Side). The County will complete modifications to make the Lahaina Civic Center (Park Side) fully accessible in compliance with the Standards within 60 months of the effective date of this agreement.

15.     Within 36 months of the effective date of this agreement, the County will complete the following modifications to the Lahaina Fire Station.

a.     Although the parking lot has a total of 16 parking spaces, there are no parking spaces designated as accessible. 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), 4.6, 4.30.7(1).

b.      The route to the toilet rooms is not accessible. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.

16.     Within 36 months of the effective date of this agreement, the County will complete the following modifications to the Kihei Fire Station.

a.     Parking. There are no designated accessible parking spaces provided. On the shortest accessible route to the accessible entrance, provide at least 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), 4.6, 4.30.7(1).


Return to Settlement