Please Note: Paragraph 54 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the City 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.
The technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150 (b)(1), 35.151.
In order to ensure that each of the City'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 City will take the following actions:
(1) The designated accessible toilet is inaccessible because it has insufficient clear floor space, the toilet centerline is 19 inches from the near side wall, the side grab bar is mounted with its closer end 8-3/4 inches from the rear wall and its farther end 51 ½ inches from the rear wall, the rear grab bar is mounted with its closer end 9 inches from the rear wall and is only 33 ½ inches in length, and the door has inaccessible hardware. . 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.
(2) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
(1) The designated accessible toilet is inaccessible because it has insufficient clear floor space, the toilet centerline is 19 inches from the near side wall, the flush control is on the closed side, the side grab bar is mounted with its closer end 8-3/4 inches from the rear wall and its farther end 51 ½ inches from the rear wall, the rear grab bar is mounted with its closer end 9 inches from the rear wall and is only 33 ½ inches in length, and the door has inaccessible hardware. 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.
(2) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
(1) The side grab bar is 39 ½ inches in overall length. 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 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 object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d), 39.
(2) 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.
(3) The toilet centerline is 15 ½ inches from the side wall. Provide a toilet with a centerline that is 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.
(4) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.
(1) The side grab bar at the toilet is 39 ½ inches in overall length. 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 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 object beside or below it and at least 18 inches between the grab bar and any object above it. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d), 39.
(2) The toilet centerline is 15 ½ inches from the side wall. Provide a toilet with a centerline that is 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.
(3) No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.