Settlement Agreement between the United States and Minnehaha County, South Dakota , Attachment (K)

Attachment K: Program Access in Existing Facilities

Please Note: Paragraph 49 of the Agreement requires that within three months of the effective date of this Agreement, the Minnehaha 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 Minnehaha 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 Minnehaha County will take the following actions:

3. Within 2 years of the effective date of this Agreement, Minnehaha County will make the following modifications to Dakota House 1: 704 N Minnesota Ave. (built in 1922):

a. Accessible Route - The route from sidewalk to the entrance to Dakota House is inaccessible because the slope is greater than 1:5. 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. The building is inaccessible because there are 2 entrances, and the accessible entrance is not identified by signage. Provide accessible, directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

c. 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, 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.

4. Within 2 years of the effective date of this Agreement, Minnehaha County will make the following modifications to the Administration Building: 415 N Dakota Ave.:

a. Parking - The parking lot is inaccessible because the van accessible space does not have a 96-inch wide access aisle and there is a built-up curb ramp impeding the safe operation of a wheelchair lift. At each standard accessible space, provide an access aisle at least 60 inches wide. 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. At van accessible spaces, provide a "Van-Accessible" sign located below the International Symbol of Accessibility such that the sign cannot be obstructed by vehicles parked in the space. Standards §§ 4.6.4, 4.30.7(1).

b. The parking lot is inaccessible because there are no access aisles for standard designated accessible parking spaces. At each standard accessible space, provide an access aisle at least 60 inches wide. 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.

c. Rear Entrance Ramp - The ramp at the rear entrance is inaccessible because there is no edge protection. Provide edge protection at least 2 inches high at the drop off sides. Standards § 4.8.7.

d. Toilet Rooms

i. Men's and Women's Toilet Rooms with Stalls on First Floor

(1) The doors to the men's and women's toilet rooms are inaccessible because the pressure required to open the doors is12 pounds. Provide doors that require no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

ii. Men's and Women's Toilet Rooms with Stalls on Second Floor

iii. Men's and Women's Toilet rooms with Stalls on Third Floor

(2) The lavatory is inaccessible because the counter height is 35". 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.

(3) 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.

(4) The stall door to the men's toilet room is inaccessible because the door hardware is not usable with one hand and without tight grasping, pinching, or twisting of the wrist. 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 § 4.13.9.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 § 4.13.9.

e. Telephones - The telephones on the first floor are inaccessible because the cord length is 26", they lack volume controls, and the bottom of the TTY counter does not provide knee space clearance. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards. Standards §§ 4.31, 4.30.7(2).

f. Publications - The publications display rack is inaccessible because the highest shelf is mounted at 69 inches above the finished floor. Provide a publications display rack with the highest shelf 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, 4.2.4, 4.2.5, 4.2.6.

g. Drinking Fountain - The built-in drinking fountain at on the first floor is inaccessible because knee depth is not provided. Provide a drinking fountain with a clear floor space of at least 30 inches by 48 inches that allows a person in a wheelchair to make a parallel approach to the unit. Standards §§ 4.15.5(2), 4.2.4, Figs. 27(c), (d).

5. Within 2 years of the effective date of this Agreement, Minnehaha County will make the following modifications to the Emergency Management facility: 608 Sigler Way (built in 1973):

a. Parking

i. Although the parking lot has a sign designating parking spaces as being reserved for people with disabilities, there are no pavement markings identifying the designated accessible parking spaces. Provide designated accessible parking spaces that are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Provide van accessible spaces that are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. Standards §§ 4.1.2(5), 4.6.3, Fig.9.

ii. The parking reserved for persons with disabilities is inaccessible because the lot is not level. Provide designated accessible parking spaces and access aisles that are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, with surfaces that are firm, stable, and slip-resistant. Standards §§ 4.3.6, 4.5.1, 4.6.3.

iii. The van accessible parking reserved for persons with disabilities lacks the appropriate signage. At van accessible spaces, provide a "Van-Accessible" sign located below the International Symbol of Accessibility such that the sign cannot be obstructed by vehicles parked in the space. Standards §§ 4.6.4, 4.30.7(1).

b. Entrance Ramp - The ramp is inaccessible because the slope is greater than 1:12 and there is a 1 inch abrupt level change before the landing at the top. 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; 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. The ramp should have no level changes in excess of ½ inch vertically. Standards §§ 4.3, 4.5.2.

c. Toilet Rooms

i. Men's Toilet Room with stalls

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

(2) The lavatory is inaccessible because the bottom of the lavatory apron is 27". 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.

(3) The lavatory is inaccessible because inadequate knee and toe space are provided. 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.

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

(5) The lavatory is inaccessible because the faucets require twisting of the wrist. 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.

(6) 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.

ii. Women's Toilet Room with stalls

(1) The toilet room sign is located on the door. 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), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2) The toilet room door is inaccessible because the pressure required to open the door is 12 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

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

(4) The lavatory is inaccessible because the bottom of the lavatory apron is 26". 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.

(5) The lavatory is inaccessible because the knee and toe clearances are inadequate. 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.

(6) 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.

(7) The lavatory is inaccessible because the faucets require twisting of the wrist. 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.

(8) 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.

iii. Drinking Fountain

(1) The drinking fountain is inaccessible because its spout that is 39 inches above the finished floor. Provide a fountain that has a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet, and that otherwise complies with the Standards. Standards §§ 4.15, 4.27.4, Fig. 27.

6. Within 2 years of the effective date of this Agreement, Minnehaha County will make the following modifications to the Extension Building: 220 W 6 Street (built in 1904):

a. Parking Lot B (Extension Building, Old Courthouse Building and the Minnehaha Building)

i. Although the parking lot has a total of 34 parking spaces, none are van accessible, the spaces lack access aisles and signage, the pavement markings are not clear, and the spaces are not level. On the shortest accessible route to the accessible entrance, provide 1 standard accessible space that is a minimum of 96 inches wide, served by an access aisle that is at least 60 inches wide, and 1 van accessible space a minimum of 96 inches wide, served by an access aisle at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

ii. The signage designating parking as reserved for persons with disabilities is too low. At each space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space. Standards §§ 4.6.4, 4.30.7(1).

b. Exterior Entrance

i. The building entrance is inaccessible because it lacks accessible signage at the inaccessible entrance directing persons with disabilities to the accessible entrance. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

ii. The exterior entrance is inaccessible because there are insufficient push and pull side clearances. Provide a designated accessible entrance that has a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop; that has either an automatic door operator or clear and level maneuvering clearance that complies fully with Fig. 25; and that has a threshold not exceeding ½ inch in height and beveled with a slope no greater than 1:2. Ensure that all hardware and operating devices have shapes that are easy to grasp with one hand and do not require tight grasping, pinching or twisting of the wrist to operate; and that they are mounted no higher than 48 inches above the finished floor. Standards § 4.13, Figs. 24, 25.

iii. The exterior door is inaccessible because there is a 1- inch change in level at the threshold to the door. Provide an accessible door with a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

iv. The ramp is inaccessible because it has a handrail on only one side. 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.

c. Alarms - Although the facility contains an emergency alarm system, the alarm system is inaccessible because it lacks a visual alarm to alert deaf persons to emergencies. Provide visual alarm devices in all toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use. Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate. Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower. Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal. In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling. Standards § 4.28.3.

d. Toilet Rooms

i. Men's Toilet Room with Stalls on First Floor

(1) The door to the toilet room is inaccessible because the pressure required to open the door is12 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

(2) 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.

(3) There is no accessible stall provided. (stall is 41" wide by 72" deep). 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.

(4) The toilet is inaccessible because the flush control is on the closed side of the stall. 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.

(5) The toilet is inaccessible because the top of the seat is 19 ½ inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(6) The toilet is inaccessible because its centerline measures 21" 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.

(7) The is no rear grab bar provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; 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 §§ 4.17.6, 4.26.2, Fig. 30.

(8) 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.

ii. Women's Toilet Room with Stalls on First Floor

(1) The door to the toilet room is inaccessible because the pressure required to open the door is 12 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

(3) There is no accessible stall provided. (stall is 48" wide by 66" deep). 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.

(5) 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 §§ 4.17.6, 4.26.2, Fig. 30.

iii. Men's Toilet Room with stalls on second floor

(1) The toilet room door is inaccessible because the pressure required to open the door is12 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

(3) There is no accessible stall provided. (stall is 48" wide by 72" deep). 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.

(4) The toilet is inaccessible because its centerline measures 22 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.

iv. Women's Toilet Room with stalls on second floor

(1) The door to the toilet room 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).

(4) The toilet is inaccessible because the top of the seat is 19 ½ inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

(5) The toilet is inaccessible because the flush control is on the closed side of the stall. 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.

(6) The toilet paper dispenser is inaccessible because it is mounted at 34 inches above the finished floor. Provide a toilet paper 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, 4.2.4, 4.2.5, 4.2.6.

7. Within 2 years of the effective date of this Agreement, Minnehaha County will make the following modifications to the Minnehaha Building: 413 N. Main Ave. (existing facility):

a. Elevator

i. The elevator emergency communication system is inaccessible. 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.

b. Toilet Rooms

i. Men's Toilet Room with Stalls

(1) The toilet room door is inaccessible because the pressure required to open the door is14 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

(2) The door to the toilet room is inaccessible because it has only 12½" maneuvering clearance on the pull side of 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 § 4.13.6, Fig. 25(a).

(3) Lavatory

(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 lavatory is inaccessible because the faucets require twisting of the wrist. 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.

(4) Stall

(a) There is no accessible stall provided. (Stall is 44 inches wide by 83 inches deep). 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.

(b) The toilet is inaccessible because the top of the seat is 20 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.16.3, 4.17.2, Fig. 30(d). The toilet is inaccessible because its centerline measures 22 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.

(c) The toilet is inaccessible because its centerline is 22 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.

(d) The toilet is inaccessible because the flush control is on the closed side of the stall. 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.

(e) The toilet paper dispenser is inaccessible because it is mounted above the grab bar. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards § 4.17.3, Fig. 30(d).

(f) The grab bars at the toilet are inaccessible because there are two side grab bars and no rear grab bar instead of one side grab bar and one rear grab bar. 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.

ii. Women's Toilet Room with Stalls

(1) Stall

(a) There is no accessible stall provided. (Stall is 45 inches wide by 102 inches deep). 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.

(c) The toilet is inaccessible because its centerline measures 20 ½ 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.

(d) The grab bars at the toilet are inaccessible because there are two side grab bars and no rear grab bar instead of one side grab and one rear grab bar. 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.

iii. Drinking Fountain Although a drinking fountain is provided, there is no accessible drinking fountain because the controls require twisting to operate and no knee space is provided. 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.

8. Within 2 years of the effective date of this Agreement, Minnehaha County will make the following modifications to the Old Courthouse Museum: 200 W. 6^th Street (existing facility, built in 1987):

a. Parking Although the parking lot has a total of 2 designated accessible parking spaces, an inadequate number are van accessible. On the shortest accessible route to the accessible entrance, provide 1 van accessible space a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

b. Entrance

i. The ramp is inaccessible because it lacks handrails on one side . 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 1¼ 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. Standards §§ 4.3.8, 4.8.

ii. The building is inaccessible because there is no rear signage indicating the location of the ramp. Provide accessible, directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

c. Toilet Rooms

i. Men's Toilet Room

(1) The door to the toilet room is inaccessible because the door clear opening width is 29 inches. Provide a door with a clear opening at least 32 inches wide when measured from the face of the door to the opposite stop when the door is opened 90 degrees and 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 §§ 4.13.5, 4.13.9.

(3) The toilet is inaccessible because there is insufficient clear floor space it is only 37 inches wide. Provide clear floor space that complies with Fig. 30 at the toilet. Standards § 4.17.3, Fig. 30.

(4) The side grab bar at the toilet is inaccessible because it measures only 36 inches. Provide 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. Standards § 4.17.6, Figs. 30(a), (d).

(5) There is no rear grab bar at the toilet. 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 §§ 4.17.6, 4.26.2, Fig. 30.

(6) The toilet paper dispenser is inaccessible because it is located above the side grab bar. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards § 4.17.3, Fig. 30(d).

ii. Women's Toilet Room

(1) 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.

(2) The toilet paper dispenser is inaccessible because it is 44 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards § 4.17.3, Fig. 30(d).

9. Within 2 years of the effective date of this Agreement, Minnehaha County will make the following modifications to the Public Safety Building: 500 N Minnesota Ave. (existing facility, built in 1977):

a. Entrance The ramp is inaccessible because it does not provide edge protection. Provide edge protection at least 2 inches high at the drop off sides. Standards § 4.8.7.

b. Men's Toilet Room with Stalls on Main Level

i. The door to the toilet room 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. 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.

c. Telephone The portable telephone at is inaccessible because it does not provide a 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. Standards §§ 4.31, 4.30.7(2).

10. Within 2 years of the effective date of this Agreement, Minnehaha County will make the following modifications to the Siouxland Library (Crooks Branch): 900 N. West Ave. (existing facility, built in 1984):

a. Card Computer Table The card computer table is inaccessible because the bottom edge has only 26 inches of knee clearance. Provide a computer on a table or counter that has clear floor space that is 30 inches wide and 48 inches deep, knee clearance at least 27 inches high, 30 inches wide, and 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor. Standards §§ 4.2.4.1, 4.32.

i. Check-Out Counter The check-out counter is inaccessible. Provide a computer on a table or counter that has clear floor space that is 30 inches wide and 48 inches deep, knee clearance at least 27 inches high, 30 inches wide, and 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor. Standards §§ 4.2.4.1, 4.32.

ii. Unisex Toilet Room

(1) The lavatory is inaccessible because the door swings into the required lavatory clear floor space. Provide a lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory. Standards § 4.19.3, Fig. 32.

(2) The toilet is inaccessible because its centerline measures 20 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.16.2, Fig. 28.

11. Within 2 years of the effective date of this Agreement, Minnehaha County will make the following modifications to the Juvenile Detention Center: 4200 S West Ave. (existing portion of the facility):

East conference room toilets - The men's and woman's toilet rooms located near the east conference room are inaccessible. 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.