SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

MONROE COUNTY, PENNSYLVANIA

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-63-109


BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of Monroe County, Pennsylvania (the County) under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the County receives financial assistance from the Department of Justice, the review was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G.

The review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the County’s compliance with the following title II requirements:

As part of its compliance review, the Department reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements:

The Administration Building
The Courthouse Annex
Monroe County Correctional Facility

The Department’s program access review covered those of the County’s programs, services, and activities that operate in the following facilities:

The Old County Courthouse
Parks and Recreation Offices
The Aging Office
District Justice Court 43-4-01 (Marshall’s Creek)
District Justice Court 43-4-04 (Pocono Pines)
Senior Center (Pocono Pines)
Senior Center (Barrett)
District Justice Court 43-4-02 (Barrett)
District Justice Court 43-3-01 (Coolbaugh)
Children and Youth Services
District Justice Court 43-3-03 (Tannersville)
District Justice Court 43-4-03 (Saylorsburg)
Senior Center (East Stroudsburg)
District Justice Court 43-2-02 (East Stroudsburg)
District Justice Court 43-2-01 (Stroudsburg/Ann Street)

The Department conducted a program access review of the following polling places:

Central Pocono Ambulance
Coolbaugh Township Volunteer Fire Department
J.M. Hill School
J.T. Lambert Intermediate School
Ross Township Municipal Building
Township of Tobyhanna, Government Center Complex

This review was limited to the areas of the facilities used by the voting public: parking, the route from the parking area to the area used for voting, and the area used for voting.

The Department also conducted a program access review of the following facilities that are designated as emergency shelters:

J.T. Lambert Intermediate School
J.M. Hill School
Central Pocono Ambulance

This review was limited to the areas of the facilities used by members of the public during an emergency: parking, the route from the parking area to the area used as a shelter, the area used as a shelter, and toilet facilities serving that area.

The Department reviewed the County’s policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.

Finally, the Department reviewed the County’s Sheriff’s Department’s policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.

JURISDICTION

1. The ADA applies to the County because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the County with title II of the ADA and the Department's title II implementing regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.

3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the County’s compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530 and 42.108-110, to suspend or terminate financial assistance to the County provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

4. The parties to this Agreement are the United States of America and Monroe County, Pennsylvania .

5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

6. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled “Implementation and Enforcement.”


ACTIONS TAKEN BY MONROE COUNTY, PENNSYLVANIA

7. In the Administration Building, the County has provided evacuation sleds for persons who use wheelchairs, so that they may safely evacuate the building in the event of an emergency.

8. In the Correctional Facility, the County has designed a dorm for work-release inmates that is largely accessible to persons with disabilities.

9. The County has adopted the attached Notice (Attachment A); distributed it to all agency heads; published the Notice in a local newspaper of general circulation serving the County; posted the Notice on its Internet Home Page; and posted copies in conspicuous locations in its public buildings. The County agrees to refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request.

10. The County has adopted the attached ADA Grievance Procedure (Attachment B), distributed it to all agency heads, and posted copies of it in conspicuous locations in each of its public buildings. The County agrees to refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

11. The County has adopted employment policies that it:

12. Since 1991, the County has had an ADA Coordinator.

13. The County has adopted policies to provide opportunities for same-day balloting for voters with disabilities whose assigned polling place does not have accessible parking, exterior route, entrance, and interior route to the voting area. Voters with disabilities may vote by provisional ballot at the County Administrative Building or curbside at their registered polling place.

14. When setting up its voting equipment, the County ensures that the equipment’s accessibility to persons with disabilities is maximized, such as setting up table-top equipment on accessible tables and within the reach ranges required by the Standards, as shown in Attachment F.

15. At least annually, the County trains poll workers on the rights of people with disabilities and the practical aspects of assuring those rights. The training covers, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people with disabilities, as necessary; and how to operate any non-standard voting equipment or accessible features of standard equipment (particularly new, accessible equipment).

16. The County does the following and agrees to continue doing so:

A. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;

B. Ensure that all new and modified web pages and content are accessible;

C. Develop and implement a plan for making existing web content more accessible;

D. Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and

E. Periodically (at least annually) enlist persons with disabilities to test its pages for ease of use.


REMEDIAL ACTION

NOTIFICATION

17. Within three months of the effective date of this Agreement, and on yearly anniversaries of this Agreement until it expires, the County will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the County’s accessible programs, services, and activities.

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

18. Within three months of the effective date of this Agreement, the County will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for sign language or oral interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).

19. The County will take steps to ensure that all appropriate employees are trained and practiced in using the Pennsylvania Relay Service to make and receive calls.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

20. Within three months of the effective date of this Agreement, the County will adapt for its own use and implement the Monroe County Sheriff’s Department’s Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all sheriff department officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].

21. Within three months of the effective date of this Agreement, the County will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, to its sheriff department or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

22. Within three months of the effective date of this Agreement, the County will ensure that each sheriff station or substation and each jail is equipped with a working TTY to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls. Where inmate telephone calls are time-limited, the County will adopt policies permitting inmates who use TTY’s a longer period of time to make those calls, due to the slower nature of TTY communications compared with voice communications.

EMPLOYMENT

23. Within three months of the effective date of this Agreement, the County will amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630.

VOTING

24. Some of the County polling places may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, would be subject to the obligation to provide program access or to remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these polling places by any person or entity, including the Department.

25. Within one month of the effective date of this Agreement, the County will request in writing that each of the owners and operators of the polling places listed in Attachment E below will remove the noted barriers to access for persons with disabilities and the County will distribute to them the Department’s ADA Checklist for Polling Places (www.ada.gov/votingck.htm). The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy of the request to the Department.

26. Within 14 months of the effective date of this Agreement, the County will survey all facilities mentioned in Attachment E to determine whether the actions requested by the County have been implemented. If not, for each polling place that still contains inaccessible parking, exterior route, entrance, or interior route to the voting area, the County will identify within 18 months of the effective date of this Agreement an alternate location where these elements are accessible. That identification will utilize the survey instrument that appears as Attachment F to this Agreement. The County will then take immediate steps to change its polling place to the new location.

27. Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, and interior routes to the voting area, prior to each election, the County will identify and widely publicize to the public and to persons with disabilities and organizations serving them the most accessible polling place(s) for each precinct or voting district.

28. Within one year of the effective date of this Agreement, the County will develop and implement a way for persons who are blind or have low vision to vote independently and privately, whether through ballots and instructions in alternate formats (in-person and absentee), Braille templates and audio instructions, the provision of accessible voting machines, or some other method.

29. Within three months of the effective date of this Agreement, the County will survey its voter registration locations for accessibility to persons with disabilities by using the form provided at Attachment F and will report the results of this survey to the Department. If barriers to access are identified, the County will implement and report the Department its plan to provide program access, which may include allowing persons to register to vote through alternative means or at alternative locations.

30. Within three months of the effective date of this Agreement, the County will make all voter registration materials available in alternate formats, including Braille, large print, audio tape, and computer disk.

31. Starting three months from the effective date of this Agreement, when the County purchases or otherwise acquires new voting machines, one such newly-acquired machine per polling location will be the most accessible model for persons with disabilities (including those with mobility and visual impairments) that has been approved for County use by the applicable governing authority (e.g., State Secretary of Elections or other such official).

EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

32. Emergency management is loosely coordinated by the County’s Director of the Office of Emergency Services. However, each of the twenty municipalities within the County has primary responsibility for emergency and disaster prevention, management, notification, and mitigation. The Red Cross is chartered by the State to provide mass care sheltering during times of emergency.

33. The County does not own or operate any emergency shelters. Some of the emergency shelters used by County residents are owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.

34. Within three months of the effective date of this Agreement, the County will send a written request to the Red Cross or appropriate municipality regarding each shelter facility listed in Attachment E will remove the noted barriers to access for persons with disabilities. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy of the request to the Department.

35. Within 14 months of the effective date of this Agreement, the County will survey the shelters listed in Attachment E to determine whether the noted barriers have been removed. If not all barriers have been removed, within 18 months of the effective date of this Agreement, the County will send a second written request to the Red Cross or appropriate municipality to identify appropriate alternate shelters where the parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms to the shelter area comply with the Standards.

36. Within three months of the effective date of this Agreement and until all emergency shelters have accessible parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms serving the shelter area, the County will request that the Red Cross and appropriate municipalities identify and widely publicize to the public and to persons with disabilities and the organizations that serve them the most accessible emergency shelters.

WEB-BASED SERVICES AND PROGRAMS

37. Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County will distribute to all persons – employees and contractors – who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the County (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment G to this Agreement (it is also available at www.ada.gov/websites2.htm).

PHYSICAL CHANGES TO FACILITIES

38. The elements or features of the County’s facilities that do not comply with the Standards, including those listed in Attachments H, I, J and K prevent persons with disabilities from fully and equally enjoying the County’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

39. The County will comply with the cited provisions of the ADA Standards for Accessible Design (Standards) when taking the actions required by this Agreement.

40. Within three months of the effective date of this Agreement, the County will install signage as necessary to comply with 28 C.F.R. § 35.163(b), 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.

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

42. Altered Facilities: In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment I.

43. Program Access in County Existing Facilities: In order to ensure that each of the County’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the County will take the actions listed in Attachment J.

44. Access to County Programs Housed in Others’ Facilities: In order to ensure that the County’s programs, services, and activities that are the subject of this Agreement and that are operated by the County at facilities owned or controlled by other entities, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the actions listed in Attachment K.

MISCELLANEOUS PROVISIONS

45. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

46. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).

47. Within six months of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.

48. Within 6 months of the effective date of this Agreement, the County will deliver its training program to all County Department Heads. At the end of that period, the County will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

49. Within 30 months of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

IMPLEMENTATION AND ENFORCEMENT

50. If at any time the County desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed.

51. The Department may review compliance with this Agreement at any time. If the Department believes that the County has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the County in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the County, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.

52. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

53. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

54. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the County or the Department on request.

55. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments, which are hereby incorporated by reference), will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the County’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

56. This Agreement will remain in effect for three years.

57. The person signing for the County represents that he or she is authorized to bind the to this Agreement.

58. The effective date of this Agreement is the date of the last signature below.


For the Monroe County, Pennsylvania: For the United States:





By: __________________________
DONNA ASURE, Chairwoman
Monroe County Commissioners
Monroe County Administration Building
Stroudsburg, PA 18360










Date:      3-31-05  
R. ALEXANDER ACOSTA
Assistant Attorney General for Civil Rights


By: _________________________________
JOHN L. WODATCH, Chief
JEANINE WORDEN, Deputy Chief
MARY LOU MOBLEY, Senior Counsel
JOSH MENDELSOHN, Supervisory Attorney
PAULA N. RUBIN, Investigator
MICHELE ANTONIO MALLOZZI, Architect
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, DC 20530



Date:      4-7-05    







Attachment A to Settlement Agreement between the United States of America and
Monroe County, Pennsylvania DJ# 204-63-109


PUBLIC NOTICE
NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT


In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, Monroe County will not discriminate against qualified individuals with disabilities on the basis of disability in the County’s services, programs, or activities.

Employment: The County does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).

Effective Communication: The County will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the County's program, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all County programs, services, and activities. For example, individuals with service animals are welcomed in County offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a County program, service, or activity, should contact the office of the Human Resource Director, 1 Quaker Plaza, Room 202, Stroudsburg, PA 18360, 570-517-3318, as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the County to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaints that a County program, service, or activity is not accessible to persons with disabilities should be directed to the Human Resource Director, 1 Quaker Plaza, Room 202, Stroudsburg, PA 18360, 570-517-3318.

The County will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.


MONROE COUNTY BOARD OF COMMISSIONERS

_____________________________________________
Robert J. Gess, Chief Clerk/Administrator


PUBLISH: December 20, 2004

(Return to Agreement)







Attachment B to Settlement Agreement between the United States of America and
Monroe County, Pennsylvania DJ# 204-63-109


GRIEVANCE PROCEDURE

under the Americans with Disabilities Act



This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the County. The County’s Personnel Policy governs employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as the name, address, phone number of the complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

Human Resources Director
1 Quaker Plaza, Room 202
Stroudsburg, PA 18360
570-517-3318

Within 15 calendar days after receipt of the complaint, the Human Resource Director or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the Human Resource Director or his/her designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the County and offer options for substantive resolution of the complaint.

If the response by the Human Resource Director or his/her designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of within 15 calendar days after receipt of the response to the County's Chief Clerk/Administrator or their designee.

Within 15 calendar days after receipt of the appeal,the County's Chief Clerk/Administrator or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the County's Chief Clerk/Administrator or their designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by the Human Resource Director or his/her designee, appeals to the County's Chief Clerk/Administrator or their designee, and responses from these two offices will be retained by the County for at least three years.

(Return to Agreement)







Attachment C to Settlement Agreement between the United States of America and
Monroe County, Pennsylvania DJ# 204-63-109


MONROE COUNTY SHERIFF'S OFFICE

POLICY STATEMENT REGARDING

EFFECTIVE COMMUNICATION WITH

PEOPLE WHO ARE DEAF OR HARD OF HEARING



OVERVIEW

It is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:

– If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.

– If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively and a sign language interpreter is often not required.

– If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.


ON-CALL INTERPRETIVE SERVICES


TTY AND RELAY SERVICES


TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY

– Issuing a noncriminal or motor vehicle citation.
– Communicating with a person who initiates contact with an officer.
– Interviewing a victim or critical witness to an incident.
– Questioning a person who is a suspect in a crime.
– Making an arrest or taking a person into custody.
– Issuing Miranda Warnings to a person under arrest or in custody.
– Interrogating a person under arrest or in custody.


TYPES OF AUXILIARY AIDS AND SERVICES

– Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters


(Return to Agreement)







Attachment D to Settlement Agreement between the United States of America and
Monroe County, Pennsylvania DJ# 204-63-109



GUIDE FOR LAW ENFORCEMENT OFFICERS

When In Contact With People Who Are Deaf or Hard of Hearing



As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.

Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf or hard of hearing. You should become familiar with this policy.

What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.

How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:

What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.

For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.

Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.

DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.

How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.

If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.

– In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.

– During interrogations and arrests, a sign language interpreter will often be necessary.

– If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.

– In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.

Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.

Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.

Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.

Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.

Contact numbers for your local sign language interpreters:

___________________________________________________
___________________________________________________
___________________________________________________

(Return to Agreement)







Attachment E to Settlement Agreement between the United States of America and
Monroe County, Pennsylvania DJ# 204-63-109


Polling Places and Shelters



A. Within one month of the effective date of this Agreement, the County will, in writing, notify the owner of Ross Township Municipal Building, located at Anchorage Road and Route 115, Saylorsburg, PA (polling place only), of the following. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.

1. The parking lot lacks a van accessible parking space designated as reserved for persons with disabilities; and the “standard” spaces designated as reserved for persons with disabilities lack sufficient demarcation. 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 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).

2. The ramp lacks handrails on the bottom leg; the handrails are not stable; and the landing at the change in direction is 48 inches wide by 80 inches long. 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 1/4 inches and 1 1/2 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.

B. Within one month of the effective date of this Agreement, the County will, in writing, notify the owner of J.T. Lambert Intermediate School, located at 2000 Milford Road, East Stroudsburg, PA (polling place and emergency shelter), of the following. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.

1. Although the parking lot has a total of 158 parking spaces, an inadequate number are designated as reserved for people with disabilities, there is no “van-accessible” space, pavement markings are unclear, there are no access aisles, and some of the “standard” spaces for persons with disabilities lack vertical signage. On the shortest accessible route to the accessible entrance, provide one van accessible space and five standard spaces designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

2. The exterior ramp lacks handrail extensions. Provide handrails that are between 1 1/4 inches and 1 1/2 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.

3. The Exterior Entrance

a. The building lacks signage at the inaccessible entrance directing persons 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.

b. The accessible entrance is locked. Provide a call button within accessible reach ranges at this entrance and ensure that the door will be unlocked promptly when the call button is used. Standards § 4.1.3(8).

c. Toilet Rooms Serving Gym

i. Boys’ Toilet Room with Stalls

(a) The toilet room lacks accessible signage. 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.

(b) There is insufficient maneuvering space on the latch/pull side of the entry 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).

(c) The bottom edges of the lavatory aprons are 28 inches above the finished floor. 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.

(d) The hand dryers are protruding objects. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards § 4.4.

(e) The lavatory 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.

(f) There is no toilet stall provided for persons who use wheelchairs. 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. Girls’ Toilet Room with Stalls

(a) The toilet room lacks accessible signage. 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.

(b) There is insufficient maneuvering clearance on the latch/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).

(c) The bottom edges of the lavatory aprons are 28 inches above the finished floor. 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.

(d) The lavatory 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.

(e) The sanitary napkin dispenser controls require tight grasping, pinching or twisting of the wrist to operate. Provide a sanitary napkin dispenser with mechanical controls, if any, that can be operated with 5 pounds 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). Standards § 4.27.4.

(f) The sanitary napkin dispenser 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. Standards § 4.4.

(g) There is no toilet stall for persons who use wheelchairs. 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, coat hook, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

C. Within one month of the effective date of this Agreement, the County will, in writing, notify the owner of J.M. Hill School, located at 151 East Broad Street, East Stroudsburg, PA (polling place and emergency shelter), of the following. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.

1. The parking lot in the front of the school lacks a van-accessible space designated as reserved for persons with disabilities and all of the “standard” spaces reserved for persons with disabilities have cross slopes exceeding 1:50. On the shortest accessible route to the accessible entrance, provide one 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).

2. The route from the main parking lot to the front entrance of the building has a slope that is steep enough so that it is considered a ramp. Ensure that this ramp is at least 36 inches wide and has a slope not exceeding 1:12 and a cross slope not exceeding 1:50. Provide level landings at the top and bottom of the ramp that are at least as wide as the ramp and at least 60 inches long. If the ramp changes direction, provide a level landing measuring at least 60 inches by 60 inches at the change in direction. On both sides of the ramp, provide handrails between 1 1/4 inches and 1 1/2 inches in diameter with a continuous gripping surface. Ensure that the handrails extend at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface, that they are mounted between 34 inches and 38 inches above the ramp surface, that they will not rotate within their fittings, and that they have ends that are rounded or return smoothly to floor, wall, or post. Provide edge protection that is at least 2 inches high at the ramp’s drop off sides. Ensure that the ramp and its level landing at the top and bottom are designed and maintained so that water does not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.

3. Toilet Rooms Serving Cafeteria

a. Boys’ Toilet Room with a Stall

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

ii. The lavatory 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.

iii. The toilet flush control is on the closed side. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.27.4.

iv. The toilet paper dispenser is mounted at 17.5 inches above the finished floor. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1 1/2 inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards § 4.16.6, Fig. 29(b).

b. Girls’ Single-User Toilet Room. The County will provide photos and measurements verifying that all elements comply with the Standards. If they do not, the County will request, in writing, that the owner/operator make appropriate changes to bring this facility into compliance with the Standards.

D. Within one month of the effective date of this Agreement, the County will, in writing, notify the owner of Central Pocono Ambulance, located at Route 611, Tannersville, PA (polling place and emergency shelter), of the following. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The County will simultaneously send a courtesy copy to the Department.

1. The parking spaces designated as reserved for persons with disabilities lacks sufficient demarcation. 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).

2. The route from the main parking lot to the entrance of building used for polling and emergencies has a slope of 3.5 degrees that runs 90 inches long, and is, therefore, considered a ramp. Ensure that the ramp is at least 36 inches wide and has a slope not exceeding 1:12 and a cross slope not exceeding 1:50. Provide level landings at the top and bottom of the ramp that are at least as wide as the ramp and at least 60 inches long. If the ramp changes direction, provide a level landing measuring at least 60 inches by 60 inches at the change in direction. If the rise of the ramp is 6 inches or more, on both sides of the ramp, provide handrails between 1 1/4 inches and 1 1/2 inches in diameter with a continuous gripping surface. Ensure that the handrails extend at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface, that they are mounted between 34 inches and 38 inches above the ramp surface, that they will not rotate within their fittings, and that they have ends that are rounded or return smoothly to floor, wall, or post. Provide edge protection that is at least 2 inches high at the ramp’s drop off sides. Ensure that the ramp and its level landing at the top and bottom are designed and maintained so that water does not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.

3. The Exterior Entrance

a. The building lacks accessible signage at the inaccessible 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.

b. Toilet and Shower Rooms

i. Men’s Room with Toilet Stalls and a Shower

(a) The room lacks accessible signage. 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.

(b) There is insufficient maneuvering space on the pull/latch side of the entry 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).

(c) The mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

(d) The paper towel dispenser controls are mounted at 59 inches above the finished floor. Provide a paper towel 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, Fig. 4.

(e) The lavatory is located in an alcove that is 29 inches wide and is therefore inaccessible to persons using wheelchairs; has a top rim that is 37 inches above the finished floor; the bottom edge of the apron is 5 inches above the finished floor; and has knob hardware that requires tight grasping, pinching or twisting the wrist to operate. 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; hot water and drain pipes covered or otherwise configured to protect against contact; 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.

(f) There is no toilet stall for persons who use wheelchairs. 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.

(g) The shower stall is inaccessible. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards § 4.21, Figs. 35, 36, 37.

ii. Women’s Room with Toilet Stalls and a Shower

(a) The room lacks accessible signage. 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.

(b) There is insufficient maneuvering clearance on the pull/latch 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).

(c) The mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

(d) The paper towel dispenser controls are mounted at 59 inches above the finished floor. Provide a paper towel 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, Fig. 4.

(e) The lavatory has a top rim that is 37 inches above the finished floor; the bottom edge of the apron is 5 inches above the finished floor; and has knob hardware that requires tight grasping, pinching or twisting the wrist to operate. 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; hot water and drain pipes covered or otherwise configured to protect against contact; 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.

(f) There is no toilet stall for persons who use wheelchairs. 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.

(g) The shower stall is inaccessible. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards § 4.21, Figs. 35, 36, 37.

(Return to Settlement)







Attachment H to Settlement Agreement between the United States of America and
Monroe County, Pennsylvania DJ# 204-63-109


Newly Constructed Facilities



Please Note: Paragraph 40 of the Settlement Agreement requires that within three months of the effective date of this Agreement, 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.

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

A. Within 30 months of the effective date of this Agreement, the County will complete the following modifications to the Administration Building, located at One Quaker Plaza, Stroudsburg, PA.

1. Parking Garage (Existing Facility - Program Access Applies)

a. There are not enough standard accessible spaces for persons with disabilities and some that are provided lack appropriate signage or have excessive cross-slopes in the spaces or access aisles. At the entrance to the 6th Street Parking Lot, and at the entrance to the Parking Garage, provide signage directing vans to use the van accessible spaces designated as reserved for persons with disabilities in the 6th Street Parking Lot. On the shortest accessible routes to 6th Street Entrance, provide 2 van accessible spaces and, in the parking garage provide 15 standard spaces 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. Additionally, all van accessible spaces must be on vehicle access routes from site entrances and exits. 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), 4.6.6.

2. Sixth Street Entrance: The threshold is 3/4 inches high. Provide an accessible door with a threshold that is no greater than 1/4 inch, or is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(a), 4.13.8, 4.5.2.

3. First Floor Toilet Rooms

a. Quaker Plaza Side

i. Women’s

(a) The toilet stall designed for persons with disabilities is inaccessible because the toilet centerline measures 16-1/2 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30. Alternatively, permanently cancel out the toilets.1

ii. Men’s

(a) The urinal is inaccessible because the rim is mounted 18-1/4 inches from the finished floor; and the flush control valve is 45 inches from 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 §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

(b) The toilet in the stall for persons with disabilities is inaccessible because the flush control is on the closed side. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

b. 6th Street Side (in employee’s lounge)

i. Men’s

(a) The toilet in the stall for persons with disabilities is inaccessible because the flush control is on the closed side. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

4. First Floor Drinking Fountains

a. Quaker Plaza Side

i. Although a lower drinking fountain is provided, there is no drinking fountain for people who have difficulty bending or stooping. For each lower 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 §§ 4.1.3(10)(a).

ii. The lower drinking fountain has a water flow of only 2 inches high. Provide at least one drinking fountain 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. Standards §§ 4.1.3(10), 4.15, Fig. 27.

b. 6th Street Side

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

5. Employees’ Lounge

a. Vending Machines

i. The snack vending machine is inaccessible because the highest operable part is mounted at 57 inches above the finished floor. Provide a snack vending machine 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. Standards §§ 4.1.3(13), 4.27.

6. Elevator

a. The elevator is inaccessible because, although emergency communications are provided, when tested, a silent call was not answered. 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 §§ 4.1.3(5), 4.10.14.

7. Second Floor Toilet Rooms

a. Quaker Plaza Side

i. Women’s

(a) The toilet centerline in the stall for persons with disabilities measures 19-1/2 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

ii. Men’s

(a) The urinal is inaccessible because the rim is mounted 18-1/2 inches from the finished floor and the flush control valve is 45-1/2 inches from 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 §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

(b) Toilet Stall for Persons with Disabilities.

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

b. The toilet centerline measures 20 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

b. 6th Street Side, Second Floor

i. Women’s

(a) Toilet Stall for Persons with Disabilities.

a. The toilet centerline measures 19-1/2 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

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

ii. Men’s

(a) The toilet in the stall for persons with disabilities is inaccessible because its centerline measures 19-1/2 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

8. Second Floor Drinking Fountain

a. Although a lower drinking fountain is provided, there is no drinking fountain for people who have difficulty bending or stooping. For each lower 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 §§ 4.1.3(10)(a).



1Shifting a toilet a small distance to comply with the centerline requirement need not be expensive. The important factor is maintaining the correct distance between the side grab bar and the toilet. Options include moving the partition on which the grab bar is mounted or installing an offset flange to shift the toilet. Another option is to mount the grab bar on a board attached to the side wall or partition. The board must extend 1 1/2" below the grab bar and 18" above the grab bar to achieve the appropriate distance between toilet and grab bar.

(Return to Settlement)







Attachment I to Settlement Agreement between the United States of America and
Monroe County, Pennsylvania DJ# 204-63-109


Altered Facilities



Please Note: Paragraph 40 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the County provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

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

1. Within 18 months of the effective date of this Agreement, the County will complete the following modifications to the Courthouse Annex, located at 7th and Monroe Street, Stroudsburg, PA.

a. Exterior Entrance (altered element)

i. The exterior entrance lacks directional signage at the inaccessible entrance directing users 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), 4.1.3(16)(b), 4.1.6(1)(b), 4.13, 4.30.

ii. The handrail on the left side of the ramp does not continue the full length of the ramp and does not extend at the bottom. The handrails at the top of the ramp do not return smoothly to a wall or post. Provide handrails that are between 1 1/4 inches and 1 1/2 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 §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.5.

b. Building-Wide Issues

i. Basement Only (Altered Elements)

(1) Many interior room number signs lack Braille and raised characters and are painted on the doors. Wherever a room number sign is provided, provide permanent room number 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 §§ 4.1.2(7), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. Although there are many meeting rooms, courtrooms, and other assembly areas, no assistive listening systems (ALS’s) or devices are available for persons who are hard of hearing. Provide at least one portable ALS receivers that may be circulated among the various assembly areas when requested. For each such ALS, also provide at least 2 receivers for use by the general public. In each meeting room, courtroom, and assembly area, provide signage indicating their availability. Standards §§ 4.1.3(19)(b), 4.1.6(1)(b), 4.30, 4.33. The County will monitor requests for the ALS and will provide additional ALS’s if there is a higher than expected need for this accommodation.

c. Elevator (Existing - Program Access Standards Apply)

i. The elevator doors close 8 seconds after re-opening. 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 §§ 4.1.3(5), 4.1.6(1)(b), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

ii. Although emergency communications are provided in the elevator cars, a test of the equipment resulted in a silent call not being answered. 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 §§ 4.1.3(5), 4.10.14.

d. Unisex, Single-User Toilet Room in Jury Deliberation Room - Basement


i. The overall length of the rear grab bar is 24 inches. 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; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

ii. The flush control valve is on the closed side. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

e. Hearing Room 2

i. There is no accessible route to the raised areas. Provide at least one accessible route that, to the maximum extent feasible, coincides with the route for other members of the public using the courtroom. 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 1/2 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 §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

f. Courtroom Number 5 (New)

i. The courtroom has fixed benches but no areas for persons who use wheelchairs. Provide at least two wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area. Standards §§ 4.1.3(19)(a), 4.1.6(1)(b), 4.5, 4.33.

ii. The chairs in the witness box and the jury box are all fixed to the floor making them inaccessible to persons who use wheelchairs. At each, provide at least one wheelchair seating area, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency. Standards §§ 4.1.3(19)(a), 4.1.6(1)(b), 4.5, 4.33.

iii. The ramp to the witness chair lacks handrail extensions and returns. Provide handrails that are between 1 1/4 inches and 1 1/2 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 §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.5.

g. Men’s Toilet Room with Stalls - Basement

i. The toilet room sign is not mounted on the wall adjacent to the latch side of the door and it lacks raised and Braille characters and the International Symbol of Accessibility. Provide a toilet room sign mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The paper towel dispenser controls are too high. Provide a paper towel 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

iii. The urinal and its flush control valve are too high. 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 §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

iv. There is no toilet stall for persons who use wheelchairs. Unless doing so would violate the plumbing code requirements for the number of fixtures given occupancy load, 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), or remove the stall partitions and convert this room to a single-user toilet room, such that all of the stall’s or room’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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

h. Women’s Toilet Room with Stalls - Basement

i. The toilet room sign is not mounted on the wall adjacent to the latch side of the door and it lacks raised and Braille characters and the International Symbol of Accessibility. Provide a toilet room sign mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The door, which requires a front approach, has a maneuvering clearance of only 7-3/4 inches on the pull/latch side. On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

iii. Toilet Stall for Persons with Disabilities

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

(2) The toilet centerline measures 17 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

(3) The toilet paper dispenser is 18 inches above the finished floor. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1 1/2 inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

i. Drinking Fountain - Basement

i. Although a lower drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. For each lower 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 §§ 4.1.3(10)(a), 4.1.6(1)(b).

j. Toilet Rooms - First, Second, and Third Floors (Existing): The toilet rooms are inaccessible. Provide accessible directional signage at each with the International Symbol of Accessibility directing users to the accessible toilet rooms in the basement. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

k. Drinking Fountain - First Floor

i. Although a lower drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. For each lower 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 §§ 4.1.3(10)(a), 4.1.6(1)(b).

l. Room 219 - Hearing Room

i. There is 1 step up to the raised dias. Provide at least one accessible route to the raised dias 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 1/2 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 §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

m. Courtroom Number 3 (Existing)

i. The courtroom is not accessible to witnesses, jurors, and spectators who use wheelchairs. The County will develop a policy to require proceedings in this Courtroom be moved to an accessible Courtroom upon the request of a person with a disability. The County will publish notice of this policy and provide signage outside the Courtroom advising of the policy.

n. Drinking Fountain - Second Floor

i. Although a lower drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. For each lower 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 §§ 4.1.3(10)(a), 4.1.6(1)(b).

o. Courtroom 4

i. Each leaf of the double doors has a clear opening width of only 28 inches and there is a permanent metal security bar running vertically between them. 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. 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 1/2 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 §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13, Figs. 24, 25. As an alternate measure to provide program access, ensure that at all times that the courtroom is open to the public, a Bailiff or other Court Personnel are posted at the door to assist persons with disabilities who wish to enter or exit the courtroom.

ii. Jury Box:

(1) The jury box is on a raised dias. Provide an accessible route to 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 1/2 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 §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

(2) The chairs in the jury box are all fixed to the floor making it inaccessible to persons using wheelchairs. Provide at least one wheelchair seating area, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency. Standards §§ 4.1.3(19)(a), 4.1.6(1)(b), 4.5, 4.33.

(3) As a program access alternative to subparagraphs 1 and 2, when a juror who uses a wheelchair is selected for a trial, the County will move the trial to an accessible location. Whether a trial has to be moved to an accessible location will not be considered as a factor to exclude a potential juror with a disability.

iii. Witness Stand: The witness stand is on a fixed dias, with a fix microphone. Provide a hand-held microphone for persons who use wheelchairs to use when testifying.

iv. The Jury Deliberation Room for Courtroom 4

(1) The jury room toilet rooms are not accessible to persons with mobility impairments. Provide accessible directional signage with the International Symbol of Accessibility directing users to the accessible toilet rooms in the basement. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

p. Drinking Fountain - Third Floor

i. Although a lower drinking fountain is provided, there is no drinking fountain provided for people who have difficulty bending or stooping. For each lower 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 §§ 4.1.3(10)(a), 4.1.6(1)(b).

q. Public Telephone - Third Floor

i. The highest operable part of the telephone is mounted is 56-1/2 inches above the finish floor and it requires a forward reach. Provide an accessible 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 are hearing aid compatible and have 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; and with a cord of at least 29 inches long from the telephone to the handset. Standards §§ 4.1.3(17), 4.1.6(1)(b), 4.31.

2. Within 30 months of the effective date of this Agreement, the County will complete the following modifications to the Monroe County Correctional Facility, located at 4250 Manor Drive, Stroudsburg, PA 18360.

a. Parking

i. Although the parking lot has a total of 50 parking spaces, none are designated as “van accessible.” On the shortest accessible route to the accessible entrance, provide at least one van accessible space a minimum of 96 inches wide, served by an access aisle at least 96 inches wide, with a vertical sign with the International Symbol of Accessibility located such that it 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. Reception Area

i. Public Toilet Rooms (existing facility - program access standard applies)

(1) Women’s Toilet Room with Stalls

(a) The paper towel dispenser controls are mounted at 56 inches above the finished floor. Provide a paper towel 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, Fig. 4.

(b) The rear grab bar in the accessible toilet stall is mounted vertically. Provide a rear grab bar that is mounted horizontally which 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 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 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.

(2) Men’s Toilet Room with Stalls

(a) The rear grab bar in the accessible toilet stall is mounted vertically. Provide a rear grab bar that is mounted horizontally which 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 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 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.

ii. Public Telephone

(1) The public pay telephone has a highest operable part 65 inches above the finished floor; a counter 39 inches above the finished floor; a cord which is 29 inches long; and lacks 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 are hearing aid compatible and have 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; and with a cord of at least 29 inches long from the telephone to the handset. Standards § 4.31. Alternatively, the County may remove the telephone altogether or provide another program access solution. If providing a program access solution, the County will add signage directing persons to the receptionist for assistance.

iii. Drinking Fountain

(1) The drinking fountain has a spout height at 38 inches above the finished floor, a water height of 3 inches; a water flow that is 4 inches from the front edge of the fountain; and there is no drinking fountain provided for people who have difficulty bending or stooping. 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 pounds 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.

(2) The drinking fountain is a protruding object. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards § 4.4.

c. Inmate Visitation

i. There is no communication method available for persons who are deaf or hard of hearing. Provide a volume-control telephone, an assistive listening device, or a program access solution and provide notice of its availability.

d. Work Release Pod (newly renovated)

i. The roll-in shower lacks grab bars. Provide grab bars that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.21, Figs. 35, 36, 37.

ii. The toilet stall for persons with disabilities is 53 inches wide. Provide a “standard” accessible toilet stall that is at least 60 inches wide and at least 56 inches deep for a wall-mounted toilet or at least 59 inches deep for a floor-mounted toilet, such that the centerline of the toilet is exactly 18 inches from the near side wall or partition, and there is at least 9 inches of toe clearance above the floor at the front partition if the stall is no more than 60 inches deep. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17, Fig. 30.

iii. The telephone in the work release pod is not accessible to persons who use TTY’s or those who need volume controls. 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 are hearing aid compatible and have 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; and with a cord of at least 29 inches long from the telephone to the handset. Standards § 4.31.

e. The County may not be able to locate plumbing fixtures that enable it to comply with the next numbered paragraph. If it cannot do so, it will provide a program access solution, such as housing its inmates with disabilities at a nearby correctional facility through a cooperative agreement.

f. Special Needs Unit

i. The cells for persons with disabilities in the Special Needs Unit lack accessible toilets and lavatories. In each, provide a “standard” accessible toilet such that all of the toilet’s elements, including toe clearances, grab bars and controls, comply with the Standards. Also provide an accessible lavatory such that its elements comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30, 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

ii. Shower and Bath Tub

(1) The shower lacks grab bars, has controls that are 60 inches from the finished floor, a spray unit at 73 inches from the finished floor, and no shower seat. Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.21, Figs. 35, 36, 37.

g. The Intake Unit

i. Ramp

(1) One leg of the ramp has only one handrail and some areas of the ramp have excessive slopes. 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 1/4 inches and 1 1/2 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 telephone has a highest operable part mounted at 56 inches above the finished floor. 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 are hearing aid compatible and have 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; and with a cord of at least 29 inches long from the telephone to the handset. Standards § 4.31.

iii. The accessible cells lacks an accessible toilet. Provide a “standard” accessible toilet such that all of the toilet’s elements, including toe clearances, grab bars and controls, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

iv. Booking

(1) The toilet room in booking is not accessible. Provide a toilet room that fully complies with the Standards. §§ 4.1.3(11), 4.22, 4.2, 4.3, 4.13, 4.16 and Figs 28 & 29, 4.19 and Figs. 31 & 32, 4.26, 4.27. Alternatively, provide a program access solution.

(2) The shower in booking is not accessible. Provide a shower in this area that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards § 4.21, Figs. 35, 36, 37. Alternatively, provide a program access solution.

(Return to Agreement)






Attachment J to Settlement Agreement between the United States of America and
Monroe County, Pennsylvania DJ# 204-63-109


Existing Facilities



Please Note: Paragraph 40 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the County provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

In order to ensure that 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:

A. Within 9 months of the effective date of this Agreement, the County will complete the following modifications to the Old County Courthouse, located at the intersection of 7th Street and Monroe in Stroudsburg, PA:

1. Ramp (Basement Level)

a. There is only a handrail on one side of the ramp; and the existing handrail lacks extensions, it is 2 inches in diameter, and it is mounted 32 inches above the finished floor. Provide handrails that are between 1 1/4 inches and 1 1/2 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.

2. Drinking Fountain - Basement

a. The drinking fountain spout height is 43 inches from the finished floor, the water height is 4 inches, the height of the knee space is 19 inches from the finished floor, and there is no knee clearance. Provide a 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 pounds 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.

3. Domestic Relations In-Take

a. The door has a one inch threshold. Provide a door with a threshold no greater than 1/4 inch, or between 1/4 inch and 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

4. Adult Probation

a. There is a shelf that protrudes into the path of travel 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. Standards § 4.4.

5. Drinking Fountain - First Floor

a. The drinking fountain spout height is 42 inches from the finished floor, the water height is 4 inches; the height of the knee space is 21-1/2 inches from the finished floor; and there is no knee space depth. Provide a 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 pounds or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge.

6. Historic Courtroom

a. The jury room toilet room are not accessible to persons with mobility impairments. Provide accessible directional signage with the International Symbol of Accessibility directing users to the accessible toilet rooms in the basement. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

b. There is no assistive listening system available for this courtroom. Provide a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide at least 2 receivers for use by the general public and signage indicating their availability. Standards §§ 4.30, 4.33.

B. Within 12 months of the effective date of this Agreement, the County will complete the following modifications to the Parks and Recreation Offices, located at 4221 Manor Drive, Stroudsburg, PA.

1. Exterior Ramp (New)

a. The top leg of the ramp lacks handrails on both sides; the handrail that is provided on the top leg is at an incorrect height; the handrails are broken and unstable in places; they are not rounded or returned to the floor; the diameter is 2-1/4 inches; they do not extend; and they are not smooth and free of sharp objects. Provide handrails that are between 1 1/4 inches and 1 1/2 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. Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.5.

2. Exterior Entrances

a. The inaccessible entrance lacks signage directing persons 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), 4.1.3(16)(b), 4.1.6(1)(b), 4.13, 4.30.

b. Entrance for Persons with Disabilities

i. There is no level landing. Provide a door so that the floor or ground area within the required clearances is level and clear. Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.6, Fig. 25.

ii. The door has a threshold that rises 2-1/4 inches high. Provide an accessible door with a threshold that is no greater than 1/4 inch, or is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.8, 4.5.2.

iii. The door has only 6 inches of maneuvering clearance on the push/latch side. On the push side of the door, provide maneuvering clearance at least 48 inches deep and provide a minimum of 12 inches of maneuvering clearance on the latch side of the door, or remove the closer or the latch. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

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

(Return to Agreement)







Attachment K to Settlement Agreement between the United States of America and
Monroe County, Pennsylvania DJ# 204-63-109


Facilities Owned by Others



Please Note: Paragraph 40 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the County provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

Access to County Programs Housed in Others’ Facilities: In order to ensure that the County's programs, services, and activities that are operated at facilities owned or controlled by other entities as listed below are, when viewed in their entirety, readily accessible to and usable by persons with mobility impairments, within 12 months of the effective date of this Agreement, the County will ensure that the actions listed below have been accomplished. Alternatively, for any barrier listed below that has not been timely addressed, within 15 months of the effective date of this Agreement, the County and the Department will work cooperatively to develop and the County will implement a written plan regarding how the County program, activity, or service at issue will be made accessible to persons with disabilities, when viewed in its entirety.

A. The Aging Office, located at 724 B Phillips Street, Stroudsburg, PA.

1. The entry ramp only has handrails on one side. Provide a ramp with handrails that are between 1 1/4 inches and 1 1/2 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. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.8, 4.26.

2. The entry designated for persons with disabilities – at the top of the ramp – does not have a level landing. Provide a door so that the floor or ground area within the required clearances is level and clear. Standards §§ 4.1.3(7)(a), 4.13.6, Fig. 25.

3. The interior door at the entrance designated for persons with disabilities requires 20 pounds of force to operate. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

4. The service counter in the first floor reception area is inaccessible because it is 42-1/2 inches from 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.

5. Visitors’ Unisex Single User Toilet Room Near First Floor Reception

a. The toilet room sign is mounted on the door. Provide a toilet room sign 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. The toilet room is inaccessible because the pressure required to open the door is 8 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

c. 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 §§ 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.

d. The side grab bar at the toilet is inaccessible because the overall length is 36 inches and the distance of the farthest end of the grab bar to the rear wall is 39 inches. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

6. Employees’ Toilet Rooms on the First Floor

a. Women’s Toilet Room with Stalls

i. The toilet room sign is mounted on the door and does not include the International Symbol of Accessibility. 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.

ii. The lavatories are inaccessible because the bottom edge of the apron is 24 inches from the finished floor. Provide a lavatory with the bottom edge of the apron at least 29 inches above the finished floor; with knee and toe clearances that comply with Fig. 31. Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Figs. 31, 32.

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

iv. The side grab bar at the toilet is inaccessible because the overall length is 36 inches and the distance of the farthest end of the grab bar to the rear wall is 39 inches. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

b. Men’s Single User Toilet Room

i. The toilet room sign does not include the International Symbol of Accessibility and is mounted 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.

ii. The pressure required to open the door is 8 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

iii. The toilet is inaccessible because the top of the seat is 15 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.3, Fig. 29(b).

iv. The side grab bar at the toilet is inaccessible because the overall length is 36 inches and the distance of the farthest end of the grab bar to the rear wall is 39 inches. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

7. Elevator

a. The elevator is inaccessible because the hall lanterns lack an audible and visual arrival signal; are not centered at 72 inches; and are not visible from the area of the hall call buttons. Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call. Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say “up” or “down;” and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2 1/2 inches in the smallest dimension, and they are visible from the vicinity of the hall call button. Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable. Standards §§ 4.1.3(5), 4.10.4, Fig. 20.

b. The elevator is inaccessible because the doors remain open for a period of three seconds after reopening. Provide door reopening devices that 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 §§ 4.1.3(5), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

c. The elevator emergency controls are not grouped at the bottom of the panel. Provide car control buttons with emergency controls, including the emergency alarm and emergency stop, that are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor. Standards §§ 4.1.3(5), 4.10.12, Fig. 23.

B. The District Justice Court # 43-4-01, located at Route 209, Jay Park, P.O. Box 1127, Marshall’s Creek, PA.

1. Although the parking lot has 28 parking spaces, there are no spaces designated as reserved for people with disabilities. On the shortest accessible route to the accessible entrance, provide one van accessible space and one standard space designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

2. The curb cut is situated such that it can be blocked by parked vehicles. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards § 4.3.8, 4.7, Fig. 12.

3. The entrance door is inaccessible because there is a 1-1/2 inch threshold. Provide a door with a threshold no greater than 1/4 inch, or between 1/4 inch and 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(b), 4.13.8, 4.5.2.

4. The service counter in the reception area is inaccessible because it is 48 inches from 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.

5. The witness stand in the Courtroom is up one step. Provide at least one accessible route to the witness stand that has 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 1/2 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.

6. There is no assistive listening system available for the Courtroom. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide at least 2 receivers for use by the general public and signage indicating their availability. Standards §§ 4.30, 4.33.

7. Unisex Single User Toilet Room

a. The paper towel dispenser is inaccessible because the controls are mounted at 57 inches above the finished floor and require a forward reach. Provide a paper towel 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

b. The toilet paper dispenser is inaccessible because it is mounted on the back wall. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1 1/2 inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

c. The side grab bar at the toilet is inaccessible because it is mounted more than 1-1/2 inches from the wall and is unstable. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

d. The rear grab bar at the toilet is inaccessible because the distance of the closer end to the side wall is more than 6 inches and the height of the grab bar is 38 inches from the finished floor. 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; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

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

C. The District Justice Court # 43-4-04, located at P.O. Box 940, Pocono Pines, PA.

1. The parking lot has no spaces designated as reserved for persons with disabilities and has a gravel surface. On the shortest accessible route to the accessible entrance, provide at least 1 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).

2. The ramp is inaccessible because it lacks a level landing at the bottom of the ramp; the handrails are not smooth, are not properly configured, are not rounded and returned smoothly to the floor, wall or post, and do not extend at the top and bottom of the ramp; and the ramp lacks edge protection. Provide a ramp 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 1 1/4 inches and 1 1/2 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 §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.8, 4.26.

3. Unisex Single User Toilet Room

a. The sign is mounted too low. 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.

b. There is insufficient maneuvering space on the latch/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 §§ 4.1.3(7)(b), 4.13.6, Fig. 25(a).

c. The side grab bar at the toilet is inaccessible because the overall length is 36 inches and the distance of the farthest end of the grab bar to the rear wall is 40 inches. Provide a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

d. There is insufficient clear floor space at the lavatory, due to the storage of some supplies. Provide and maintain a lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory. Standards §§ 4.1.3(11), 4.22.6, 4.19.3, Fig. 32.

D. The Senior Center, located at HC 87, Pocono Pines, PA.

1. Poor weather conditions made verifying compliance with the Standards impossible with respect to parking. Please provide photographs demonstrating that the Senior Center has the requisite number of spaces designated as reserved for persons with disabilities and that these spaces comply with the Standards. Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

2. Exterior Entrance

a. The change in level at the threshold to the exterior door is 2-1/2 inches and is not beveled. Provide an accessible door with a threshold that is no greater than 1/4 inch, or is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.8, 4.5.2.

b. The exterior entrance has two doors in a series that has less than 48 inches plus the width of the interior door that swings into the space. Provide a designated accessible entrance that has at least one active leaf with 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 a minimum space between two hinged or pivoted doors of 48 inches plus the width of any door swinging into the space, with doors swinging in either the same direction or away from the space between the doors; 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 1/2 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 §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13, Figs. 24, 25, 26.

c. Toilet Rooms

i. Women’s Toilet Room with Stalls

(a) The toilet room lacks accessible signage. 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(b) The mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(c) 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.3, 4.2.3, Fig. 3.

(d) The controls of the paper towel dispenser and the hot air hand dryer are each mounted at 58 inches above the finished floor. Provide a paper towel dispenser OR a hot air hand dryer 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 §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

(e) The paper towel dispenser 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. Standards § 4.4.

(f) The top of the lavatory is 37 inches above the finished floor; and there is inadequate knee and toe clearance. 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2, Fig. 31.

(g) The lavatory faucet hardware requires tight grasping, pinching, or twisting of the wrist 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.5, 4.27.4.

(h) There is no toilet stall for persons who use wheelchairs. 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

ii. Men’s Toilet Room with Stalls

(a) The toilet room lacks accessible signage. 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(b) The mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

(c) 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.3, 4.2.3, Fig. 3.

(d) The controls of the paper towel dispenser and the hot air hand dryer are each mounted at 58 inches above the finished floor. Provide a paper towel dispenser OR a hot air hand dryer 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 §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

(e) The paper towel dispenser 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. Standards § 4.4.

(f) The top of the lavatory is 37 inches above the finished floor; and there is inadequate knee and toe clearance. 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.2, Fig. 31.

(g) The lavatory faucet hardware requires tight grasping, pinching or twisting of the wrist 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.5, 4.27.4.

(h) There is no toilet stall for persons who use wheelchairs. 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, coat hook, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

E. The Senior Center, located in the Barrett Township Ambulance Building, Mountain Home, PA.

1. Parking

a. Although 1 of the 16 parking spaces has been reserved for persons with disabilities, it is too narrow, there is no “van-accessible” signage, and the access aisle is too narrow. On the shortest accessible route to the accessible entrance, provide at least 1 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).

2. Exterior Entrance

a. There is a 1-1/2 inch vertical change in level from the blacktop tot he concrete landing at the door. Provide at least one accessible route 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 1/2 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. There is a 1-1/2 inch change in level at the threshold to the door. Provide an accessible door with a threshold that is no greater than 1/4 inch, or is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.8, 4.5.2.

3. Interior Ramp

a. There are permanently-stored boxes, garbage cans, and a vending machine obstructing the clear floor space on the landing at the change of direction; the handrails are 32-1/2 inches above the finished floor; and the handrails do not return smoothly to the wall, floor, or post. 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 1/4 inches and 1 1/2 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 §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.

4. Interior Entrance Door

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

5. Toilet Rooms

a. Women’s Toilet Room with Stalls

i. The toilet room lacks accessible signage. 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

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

iii. The mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

iv. The door to the accessible toilet stall provides only 31 inches of clear opening width. 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. 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.2, 4.13.5, 4.13.9, 4.22.4, 4.17.6, Figs. 30(a), (d).

b. Men’s Toilet Room with Stalls

i. The toilet room lacks accessible signage. 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

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

iii. The paper towel dispenser is too high for a forward reach over an obstruction. Provide a paper towel 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, Fig. 4.

iv. The mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

v. The toilet stall for people with disabilities.

(a) The door to the stall is 30 inches wide. 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 §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.5, Fig. 24.

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

(c) The distance of the farther end of the side grab bar from the rear wall is 46-1/2 inches and the height of the grab bar is 38 inches above the finished floor. 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; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, 4.26.2, Figs. 30(a), (d).

(d) The height of the rear grab bar is 38 inches from the finished floor. Provide a rear grab bar that is mounted between 33 and 36 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, Fig. 30.

F. The Barrett District Justice Center (43-4-02), located on Route 390, Mountain Home, PA.

1. Parking

a. Although the parking lot has a total of 10 parking spaces, there is no designated space reserved for persons with disabilities which is van accessible. 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 van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

b. Exterior Entrance

i. The exterior entrance lacks adequate maneuvering clearance on the latch/pull side of the door and the latch/push 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. On the push side of the door, provide maneuvering clearance at least 48 inches deep and provide a minimum of 12 inches of maneuvering clearance on the latch side of the door, or remove the closer or the latch. Standards § 4.13.6, Fig. 25(a).

ii. There is a 1-1/2 inch change in level at the threshold to the door. Provide an accessible door with a threshold that is no greater than 1/4 inch, or is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

iii. The exterior door uses knob hardware that requires tight grasping, pinching, or twisting of the wrist to operate. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

c. Courtroom

i. There is no assistive listening system for persons who are hard of hearing. In the courtroom, provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide at least 2 receivers for use by the general public and signage indicating their availability. Standards §§ 4.30, 4.33.

ii. The courtroom door hardware is not accessible. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

d. Reception

i. The service counter 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, 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

e. Unisex Single-User Toilet Room

i. The toilet room lacks accessible signage. 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 mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.19.6.

iii. The bottom edge of the apron of the lavatory is 27-3/4 inches above the finished floor. 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.

iv. The toilet lacks grab bars. 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 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bars and the wall; and at least 1 1/2 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, 4.26.2, Fig. 29.

v. The toilet centerline measures 15-1/2 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.

vi. The toilet’s required clear floor space is obstructed. Provide clear floor space at the toilet that complies with Fig. 28. Standards § 4.16.2, Fig. 28.

vii. The toilet paper dispenser is 39-1/2 inches above the finished floor. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1 1/2 inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards § 4.16.6, Fig. 29(b).

G. The Coolbaugh District Justice Center (43-3-01), located at 5520 Memorial Boulevard, Tobyhanna, PA.

1. Parking

a. The wider parking space designated for persons with disabilities lacks an access aisle that is 96 inches wide and a sign designating the space as van-accessible and the other vertical signs can be obstructed by parked vehicles. On the shortest accessible route to the accessible entrance, provide one 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. The signage designating parking as reserved for persons with disabilities can be obstructed by parked cars. 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).

2. Ramp

a. The handrail ends are not rounded or returned smoothly from the floor. Provide handrails with ends rounded or returned smoothly to the floor, wall, or post. Standards §§ 4.3.8, 4.8.

3. Reception

a. The door to the reception area uses knob hardware that requires tight grasping, pinching, or twisting of the wrist to operate. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

b. The door to the reception area requires 12 pounds of force to operate. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

c. The service counter 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, 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

4. Courtroom

a. Please confirm whether the courtroom has any assistive listening system available for use and, if so, that signage indicating its availability is provided.

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

c. The door to the courtroom area uses knob hardware that requires tight grasping, pinching, or twisting of the wrist to operate. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

d. The courtroom has fixed benches and lacks wheelchair seating areas. Provide wheelchair seating areas, each with a minimum clear ground or floor space of 66 inches wide by 48 inches deep for forward or rear access, or 66 inches wide by 60 inches deep for side access. Ensure that the ground or floor at all wheelchair locations is level, firm, stable, and slip resistant; that wheelchair seating areas are an integral part of the fixed seating plan and are located so as to provide people with physical disabilities a choice of lines of sight comparable to those available for members of the general public; that wheelchair seating areas adjoin an accessible route that also serves as a means of egress in case of emergency; and that at least one fixed companion seat is provided next to each wheelchair seating area. Standards §§ 4.1.3(19)(a), 4.5, 4.33.

e. There is a step to enter the witness box and the route is blocked by the counsel table. Provide at least one accessible route to the witness box 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 1/2 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.

5. Route to the Toilet Rooms

a. The door to the route to the toilet rooms has hardware that requires tight grasping, pinching, or twisting of the wrist to operate. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

b. The door to the route to the toilet rooms has inadequate clearance on the pull/latch side. 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).

6. Toilet Rooms

a. Women’s Toilet Room with Stalls

i. The toilet room lacks accessible signage. 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 pressure required to open the door is 14 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

iv. The controls to the paper towel dispenser are mounted at 56 inches above the finished floor. Provide a paper towel 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, Fig. 4.

v. The paper towel dispenser 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. Standards § 4.4.

vi. 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.

vii. Toilet Stall for Persons with Disabilities

(a) The designated accessible toilet stall is 59 inches deep by 44 inches wide. Provide a toilet stall that is at least 60 inches wide and at least 56 inches deep for a wall-mounted toilet or at least 59 inches deep for a floor-mounted toilet, such that the centerline of the toilet is exactly 18 inches from the near side wall or partition, and there is at least 9 inches of toe clearance above the floor at the front partition if the stall is no more than 60 inches deep. Standards § 4.17, Fig. 30.

(b) The toilet centerline measures 19-1/2 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 flush control is on the closed side. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.

(d) The overall length of the side grab bar is 32-1/2 inches and the distance of the farther end to the rear wall is 36-1/2 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; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

(e) The overall length of the rear grab bar is 24 inches and the distance of the farther end to the side wall is 7-1/2 inches. 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 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 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.

(f) The coat hook is inaccessible. 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.

b. Men’s Toilet Room with Stalls

i. The toilet room lacks accessible signage. 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 pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

iv. The controls to the paper towel dispenser are mounted at 54-1/2 inches above the finished floor. Provide a paper towel 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, Fig. 4.

v. The paper towel dispenser 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. Standards § 4.4.

vi. 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.

vii. 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.

viii. Toilet Stall for Persons with Disabilities

(a) The designated accessible toilet stall is 65-1/2 inches deep by 54-1/2 inches wide. Provide a toilet stall that is at least 60 inches wide and at least 56 inches deep for a wall-mounted toilet or at least 59 inches deep for a floor-mounted toilet, such that the centerline of the toilet is exactly 18 inches from the near side wall or partition, and there is at least 9 inches of toe clearance above the floor at the front partition if the stall is no more than 60 inches deep. Standards § 4.17, Fig. 30.

(b) The toilet 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 overall length of the side grab bar is 29 inches and the distance of the farther end to the rear wall is 30 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; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

(d) The overall length of the rear grab bar is 24 inches. 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 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 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.

(e) The coat hook is inaccessible. 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.

H. Children and Youth Services, located at 730 Phillips Street, Stroudsburg, PA.

1. Main Building

a. Reception

i. The service counter in the reception area 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

b. Unisex, Single-User Toilet Room

i. The toilet room sign is not mounted on the wall adjacent to the latch side of the door. 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 lock to the door of the toilet room that requires tight grasping, pinching, or twisting of the wrist to operate. 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.

iii. The diaper deck is stuck in the “down” position and is restricting the clear floor space at the toilet. Provide and maintain clear floor space at the toilet that complies with Fig. 28. Standards § 4.16.2, Fig. 28.

iv. The toilet paper dispenser with paper is above the grab bar while those that are below the grab bar do not appear to be “in use.” Provide a toilet paper dispenser that is mounted within reach, with its top at least 1 1/2 inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards § 4.16.6, Fig. 29(b).

v. The toilet centerline is 19-1/2 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.

vi. The height of the side grab bar is 28 inches above the finished floor. 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; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

vii. The distance of the closer end of the rear grab bar to the side wall is 26 inches and the height of the grab bar is 28 inches above the finished floor. 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 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 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.

2. Adoption Unit

a. The door to the meeting room uses knob hardware that requires tight grasping, pinching, or twisting of the wrist to operate. Provide a door with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

b. Toilet Rooms

i. The women’s and men’s single-user toilet rooms are inaccessible and there is no signage directing people with disabilities to any 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 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.

3. Foster Parent and Advisor Program

a. The office lacks accessible signage at the inaccessible entrance directing persons 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.

b. The one inch change in level at the threshold to the door. Provide an accessible door with a threshold that is no greater than 1/4 inch, or is no greater than 1/2 inch and is beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

c. The service counter in the reception area 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, 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

d. The toilet room is inaccessible. Provide accessible directional signage with the International Symbol of Accessibility at this inaccessible toilet room indicating the location of the nearest 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.

4. Child Care Information Services

a. The office lacks accessible signage at the inaccessible entrance directing persons 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.

b. The service counter in the reception area is 42-3/4 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

c. The toilet room is inaccessible. Provide accessible directional signage with the International Symbol of Accessibility at this inaccessible toilet room indicating the location of the nearest 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.

I. The Tannersville District Justice Center (43-3-03), located at Giant Plaza, Route 611, Bartonsville, PA.

1. The parking lot lacks striping demarcating spaces, however, there is one sign reserving a space for persons with disabilities. This space has no striping demarcating its size or the access aisle; it is not on a level surface; it has no “van accessible” signage; and the existing sign can be obstructed by parked vehicles. 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 each van accessible space is a minimum of 96 inches wide and served by an access aisle 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).

2. The ramp slope exceeds 1:12 in some places; it lacks a sufficient level landing at the change of direction; the handrails are not rounded or returned smoothly to the floor; and their surfaces are not smooth or free of sharp objects. Provide a ramp 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 1/4 inches and 1 1/2 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.

3. The service counter in the reception area is 43-1/4 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

4. Unisex Single-User Toilet Room

a. The toilet room lacks accessible signage. 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.

b. The door lock that requires tight grasping, pinching, or twisting of the wrist to operate. 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.

c. The storage boxes interfere with the clear floor space required in front of the lavatory and with the maneuvering clearance on the push/latch side of the door. Provide and maintain a lavatory with clear floor space at least 30 inches wide and 48 inches deep centered on the lavatory and, on the push side of the door, provide and maintain a maneuvering clearance at least 48 inches deep and a minimum of 12 inches of maneuvering clearance on the latch side of the door, or remove the closer or the latch. Standards § 4.13.6, Fig. 25(a).. Standards § 4.19.3, Fig. 32.

d. The overall length of the side grab bar is 36 inches; the distance of the farther end to the rear wall is 48 inches; and the height of the grab bar is 28 inches above the finished floor. 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; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

J. The District Justice Court (#43-4-03), located at Old Route 115, Kunkletown Road, Saylorsburg, PA 18353.

1. Although there is 1 space designated as reserved for persons with disabilities and it is large enough to be van-accessible, there is no van-accessible signage and no demarcated access aisle. On the shortest accessible route to the accessible entrance, provide one 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), 4.1.6(1)(b), 4.6, 4.30.7(1).

2. The ramp lacks edge protection; has a 3-1/2 inch lip at the bottom; and the handrails are 30 inches high, lack extensions that are rounded or returned to the floor; are improperly configured, and are not smooth or free of sharp objects. Provide a ramp 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 1 1/4 inches and 1 1/2 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 §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.8, 4.26.

3. There is no assistive listening system for the courtroom. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide at least 2 receivers for use by the general public and signage indicating their availability. Standards §§ 4.1.3(19)(b), 4.1.6(1)(b), 4.30, 4.33.

4. The Exterior Entrance

a. There is no level landing at the door. Provide a door so that the floor or ground area within the required clearances is level and clear. Standards §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13.6, Fig. 25.

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

5. The service counter in the reception area is 41-1/2 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

6. Unisex, Single-User Toilet Room

a. The door to the toilet room uses knob hardware that requires tight grasping, pinching or turning 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.2, 4.13.9.

b. The toilet paper dispenser is mounted above the side grab bar. Provide a toilet paper dispenser that is mounted with its top at least 1 1/2 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

c. No rear grab bar is 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 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, 4.26.2, Fig. 30.

K. The Senior Center, located at 62 Analomink Street, East Stroudsburg, PA.

1. Toilet Rooms

a. First Floor

i. Women’s Toilet Room with Stalls

(a) The toilet room lacks accessible signage. Provide a toilet room sign mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing Standards §§ §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(b) The pressure required to open the entry door is 16 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

(c) The entry door which is accessed through a front approach is 5-1/2 inches on the pull side. On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

(d) The entry door has a 1-1/2 inch threshold. Provide a door with a threshold no greater than 1/4 inch, or between 1/4 inch and 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.8, 4.5.2.

(e) The entry door only has 6 inches of maneuvering clearance on the push/latch side. On the push side of the door, provide maneuvering clearance at least 48 inches deep and provide a minimum of 12 inches of maneuvering clearance on the latch side of the door, or remove the closer or the latch. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

(f) The hand dryer 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. Standards §§ 4.1.2(3), 4.1.6(1)(b), 4.4.

(g) The mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

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

(i) The coat hook is inaccessible. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(j) The toilet paper dispenser in the accessible toilet stall is mounted 39-1/2 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1 1/2 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 §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(d).

ii. Men’s Toilet Room with Stalls

(a) The toilet room lacks accessible signage. Provide a toilet room sign mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing Standards §§ §§ 4.1.2(7)(d), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(b) 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 §§ 4.1.3(7)(b), 4.13.11(2)(b).

(c) The door which is accessed through a front approach is 5-1/2 inches on the pull side. On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door. Standards §§ 4.1.3(7)(b), 4.1.6(1)(b), 4.13.6, Fig. 25(a).

(d) The mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.6.

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

(f) The coat hook is inaccessible. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.1.6(1)(b), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

(g) The soap dispenser controls are mounted at 46 inches above the finished floor over a 23 inch obstruction. Provide a soap 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 §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

(h) The hand dryer is a protruding object that is not cane-detectable. 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 1/2 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 §§ 4.1.3(1), 4.1.6(1)(b), 4.3, 4.5, Fig. 7.

(i) There is insufficient clear floor space in the toilet stall for persons with disabilities. Provide a toilet stall that is at least 60 inches wide and at least 56 inches deep for a wall-mounted toilet or at least 59 inches deep for a floor-mounted toilet, such that the centerline of the toilet is exactly 18 inches from the near side wall or partition, and there is at least 9 inches of toe clearance above the floor at the front partition if the stall is no more than 60 inches deep. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17, Fig. 30.

(j) The toilet flush control in the stall for persons with disabilities is on the closed side. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

b. Second Floor

i. Women’s Single-User Toilet Room

(a) This toilet room is inaccessible and 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. Men’s Single-User Toilet Room

(a) This toilet room is inaccessible and 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.

2. The Blood Pressure Screening Room on the Second Floor

a. The door to the blood pressure screening room has an opening width of only 29 inches. Provide a door with a clear opening of 32 inches with the door opened 90 degrees, measured between the face of the door and the opposite stop, or, alternatively, provide blood pressure screening services in an accessible location. Standards §§ 4.13.5, Fig. 24.

L. The District Justice Court (# 43-2-02), located at 154 Washington Street, East Stroudsburg, PA.

1. There is no assistive listening system for the courtroom. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Also provide at least 2 receivers for use by the general public and signage indicating their availability. Standards §§ 4.1.3(19)(b), 4.1.6(1)(b), 4.30, 4.33.

2. Although the rear parking lot has 10 parking spaces, none are designated as reserved for persons with disabilities. 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 the van accessible space is a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.1.6(1)(b), 4.6, 4.30.7(1).

3. The ramp has a 1-3/4 inch lip at its bottom; an excessive slope; and handrails only on one side, that are 32 inches high, not continuous and lack extensions. 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 1/4 inches and 1 1/2 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 §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.

4. Entrance at Ramp

a. The entrance is kept locked and the call button does not work. Provide a call button within accessible reach ranges at this entrance and ensure that the door will be unlocked promptly when the call button is used. Standards §§ 4.1.3(8), 4.1.6(1)(b), 4.14.1.

b. The door provides a clear opening width of only 30 inches and has a 3-1/2 inch step at the door. 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 1/2 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 §§ 4.1.3(7)(a), 4.1.6(1)(b), 4.13, Figs. 24, 25.

5. The service counter is 45-3/4 inches above this 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

M. The Ann Street District Justice Center (43-2-01), located at 823-A Ann Street, Stroudsburg, PA.

1. Parking

a. Although the parking lot has a total of 102 parking spaces, there are no spaces designated as reserved for people with disabilities. On the shortest accessible route to the accessible entrance, provide one van accessible space and four standard spaces designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

b. Ramp

i. The ramp lacks handrails. Provide handrails that are between 1 1/4 inches and 1 1/2 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.

c. Exterior Entrance

i. Although there is a ramp to the building entrance, it is not obvious from the parking lot. Provide accessible, directional signage with the International Symbol of Accessibility at the parking lot directing users to the ramp. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

d. Reception

i. The service counter in the reception area 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 §§ 4.1.1(2), 4.1.6(1)(b), 7.2(2), 4.1.3(1), 4.3.

e. Courtroom

i. Please confirm that there is an assistive listening system and devices available for use by persons who are hard of hearing.

f. Route to Toilet Room

i. The route to the toilet room is less than 36 inches wide because the hall is obstructed by the permanent storage of boxes. Provide at least one accessible route to the toilet room 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 1/2 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.

g. Unisex, Single-User Toilet Room

i. The toilet room lacks accessible signage. 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 mirror is inaccessible. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

iii. The water heater obstructs the clear floor space of the lavatory. 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.

iv. The toilet centerline measures 15 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.

v. The overall length of the side grab bar is 36 inches and the distance of the farther end to the rear wall is 45 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; mounted 33 to 36 inches above the finished floor; with a diameter between 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

vi. The overall length of the rear grab bar is 29 inches. 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 1 1/4 and 1 1/2 inches; with 1 1/2 inches between the grab bar and the wall; and at least 1 1/2 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.

h. Employee-Only Toilet Room (Altered)

i. The employee-only toilet room is not accessible. 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, coat hook, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

(Return to Agreement)







October 09, 2008