Settlement Agreement between the United States and the City of Newark, New Jersey, Attachment I

Attachment I: Modifications to Newly Constructed Facilities

I. Within 18 months of the effective date of this Agreement, the City will make the following modifications to the Fire Training Center, located at 360 Clinton Avenue.

A.     Entrance. There is no International Symbol of Accessibility provided at the accessible entrance and no directional signage posted 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), 4.1.3(16)(b), 4.13, 4.30.

B.    Sleeping Area. The shelves in the sleeping area are mounted 6 feet above the finished floor. Provide accessible shelves that are 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 that have a clear floor space in front that is 30 inches wide by 48 inches deep. Standards §§ 4.25, 4.27.4, 4.2.5, 4.2.6.

C.     1st Floor Locker Rooms

1.    The flush control on the toilet in the designated accessible stall in the men’s locker room 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 door to the women's locker room, which is accessed through a front approach, is inaccessible because it has less than the required pull side clearance. On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door. Standards §§ 4.1.3(7)(b), 4.13.6, Fig. 25(a).

3.     The benches in both locker rooms are too narrow and are not fixed to the wall. In each locker room, provide a 24 inch by 48 inch bench fixed to the wall along the bench’s longer dimension. Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

4.     The lockers in each locker room have hardware that requires tight grasping, pinching, or twisting of the wrist to operate. Provide a locker with mechanical controls, if any, that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(13), 4.27.4.

D.    Drinking Fountains

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

2.     Although an accessible drinking fountain is provided on the first and second floors, there is no drinking fountain provided for people who have difficulty bending or stooping. On each floor, 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).

E.    Elevator

1.     The elevator does not access the basement level. Provide a fully accessible passenger elevator that serves all public access areas of the facility. Standards §§ 4.1.3(5), 4.10.

2.     The emergency communication system in the elevator requires voice communication. 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. Standards §§ 4.1.3(5), 4.10.14.

F.     1st Floor Unisex Toilet Room

1.     There are no grab bars provided at the toilet. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, 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 1¼ and 1½ inches; with 1½ inches between the grab bars and the wall; and at least 1½ inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

2.     The paper towel dispenser is mounted with the controls 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.

G.     Training Academy Toilet Rooms

1.     The toilet paper dispenser in the men’s designated accessible stall is mounted above the side grab bar. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

2.     The flush control on the toilet in the women’s designated accessible stall 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. Within 18 months of the effective date of this Agreement, the City will make the following modifications to the James and Gibson Recreation and Aquatic Center, located at St. Charles and Rome Streets.

A.    Signage. There is no accessible interior signage provided. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

B.    Stadium Entrance Counter. The stadium entrance counter is 41½ inches high. 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), 7.2(2), 4.1.3(1), 4.3.

C.    Women’s Locker Room

1.     The shower entry is 23½ inches wide. Provide an accessible route into the shower with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.1.3(1), 4.3.3, 4.13.5.

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

3.     Although there are 6 stalls, there is no ambulatory stall provided. Provide at least one stall that is exactly 36 inches wide with an outward swinging, self-closing door and parallel grab bars complying with Fig 30(d). Standards §§ 4.1.3(11), 4.22.4, Fig. 30(d).

D.    Drinking Fountains

1.     The wall-mounted drinking fountain at the pool does not provide sufficient knee clearance. Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward. Standards §§ 4.1.3(10), 4.15.5(1), Figs. 27(a), (b).

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

3.     Although accessible drinking fountains are 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).

E.    Aquatic Center Toilet Rooms.

i.    The hand dryers protrude into the main walkway and would not be detectable to a blind person using a cane. Provide an accessible route at these locations 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), 4.4.

ii.   The side grab bar at each toilet, in each designated accessible stall, is inaccessible because the toilet paper dispenser is less than 1 ½ inches below the bar. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet paper dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 30.

F.     Aquatic Center Locker Rooms

1.     The hand dryers protrude into the main walkway and would not be detectable to a blind person using a cane. Provide an accessible route at these locations 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), 4.4.

2.     The side grab bar at each toilet, in each designated accessible stall, is inaccessible because the toilet paper dispenser is less than 1 ½ inches below the bar. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall. Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet paper dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 30.

3.     The showers in the men’s and women’s locker room do not have shower spray units mounted on vertical bars. Provide a shower in each room that has a shower spray unit with a hose at least 60 inches long that can be used both as a fixed shower head and as a hand-held shower. In unmonitored facilities where vandalism is a consideration, a fixed shower head mounted at 48 inches above the shower floor may be used in lieu of a hand-held shower head. Standards §§ 4.1.3(11), 4.21.6, Fig. 37.

4.     The shower in the men's and women's locker room is inaccessible because the grab bar does not cover the full depth of the control wall. 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), 4.21, Figs. 35, 36, 37.

5.     The benches in the men’s and women’s locker rooms are too narrow and are not fixed to the wall. In each room, provide a 24 inch by 48 inch bench fixed to the wall along the bench’s longer dimension. Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

III. Within 18 months of the effective date of this Agreement, the City will make the following modifications to the Traffic and Signals Department, located at 255 Central Avenue.

A.    Parking

1.     Although the parking lot has a total of 44 parking spaces, only one is designated as reserved for people with disabilities, the sign designating the space is mounted too low, and there is no van accessible sign. On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space and 1 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 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 built-up curb ramp impermissibly extends into the designated accessible parking space’s access aisle. Provide a curb ramp located so that it does not project into this element and all aspects of the ramp or curb cut comply with the Standards. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.7.6.

B.    Signage. There is no accessible interior signage provided. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

C.    Alarms. Although the facility contains an emergency alarm system, no visual alarms are provided. Provide visual alarm devices in toilet rooms and any other general usage areas (e.g., meeting rooms), hallways, lobbies, and any other area for common use. Such devices shall be integrated into the facility alarm system and shall meet the requirements of the Standards for lamp type, color, pulse duration, intensity, and flash rate. Visual alarm appliances shall be placed 80 inches above the highest floor level within the space or 6 inches below the ceiling, whichever is lower. Visual alarm appliances shall be located such that no place in any room or space, including common corridors or hallways, required to have a visual alarm appliance shall be more than 50 feet from the signal. In large rooms and spaces exceeding 100 feet across, without obstructions 6 feet above the finished floor, devices may be placed around the perimeter, spaced a maximum of 100 feet apart, in lieu of suspending appliances from the ceiling. Standards §§ 4.1.3(14), 4.28.3.

D.    Entrance

1.     The entrance counter is 44 inches high. 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), 7.2(2), 4.1.3(1), 4.3.

2.     The handrails on the entrance ramp are not rounded or returned smoothly to the floor, wall, or post. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Standards §§ 4.1.2(1), 4.1.2(2), 4.8.5.

E.    Unisex Toilet Room

1.     The door, which is accessed through a front approach and which has both a closer and a latch, has only 3 inches of clearance on the push 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), 4.13.6, Fig. 25(a).

2.     The seat cover dispenser is mounted with the controls 61 inches above the finished floor. Provide a seat cover 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.

3.     The paper towel dispenser is mounted with the controls 61 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

4.     The top of the lavatory rim is 34½ 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 §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

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

6.     The toilet’s 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.

7.     The rear grab bar at the toilet is only 30 inches long. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, Fig. 29.

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

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