Settlement Agreement between the United States and the City of Providence, Rhode Island, Attachment J

Attachment J: Modifications to Altered Facilities

Please Note: Paragraph 44 of the Agreement requires that within eighteen months of the effective date of this Agreement, the City 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.

Altered Facilities: In order to ensure that the following spaces and elements in City Facilities, which were altered after January 26, 1992, are readily accessible and usable by persons with disabilities, the City will take the following actions:

Public Library - 225 Washington Street This Settlement Agreement with all Attachments

does not address the library programs which are made possible through payments from the City of Providence in conjunction with the State of Rhode Island and private entities.

Roger Williams Park and Zoo Within three years of the effective date of this agreement, except where otherwise noted, the City will complete the following modifications to the Roger Williams Park and Zoo:

A. General Features - Parking, Entrance, Accessible Route, etc.

1. The signage designating parking as reserved for persons with disabilities is too low. At each space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space. Standards '' 4.1.2(5), 4.1.6(1)(b), 4.6.4, 4.30.7(1).

2. The van accessible parking reserved for persons with disabilities lacks the appropriate signage. At van accessible spaces, provide a AVan-Accessible@ sign located below the International Symbol of Accessibility such that the sign cannot be obstructed by vehicles parked in the space. Standards '' 4.1.2(5), 4.1.6(1)(b), 4.6.4, 4.30.7(1).

3. The telephone at the park entrance is inaccessible because it lacks volume control and signage. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards. Standards '' 4.1.3(17), 4.1.6(1)(b), 4.31, 4.30.7(2).

4. The interior door at ATropical America@ is inaccessible because the pressure required to open the door is 16 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards '' 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

B. Toilet Rooms with Stalls - 4 toilet rooms near Zoo entrance and restaurant.

1. The toilet room signs are not accessible. For each toilet room 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 three 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, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

2. The toilet room doors are inaccessible because the pressure required to open the doors exceeds 5 pounds. For each toilet room provide doors that require no more than 5 pounds of force to open. Standards '' 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

3. The urinal in the Men=s toilet room near the Zoo entrance is inaccessible because the rim height is 19 inches. In the Men=s toilet room, 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), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

4. The toilet in the Men=s room near the restaurant is inaccessible because the flush control is 53 inches high and on the closed side. Provide a flush control mounted on the Aopen@ 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.

5. No accessible coat hooks have been provided in the men=s and women=s toilet rooms near the entrance. In each toilet room, 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.

6. The toilet paper dispensers in the designated accessible stalls in all four toilet rooms are inaccessible because they are over the grab bars. In each designated accessible stall, provide a toilet paper dispenser that is mounted with its top at least 12 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).

7. There are no rear grab bars in the men=s and women=s toilet rooms near the restaurant. In each designated accessible toilet stall, 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 13 and 12 inches; with 12 inches between the grab bar and the wall; and at least 12 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.

8. The men=s and women=s toilets near the entrance are inaccessible because the flush controls require too much force to operate. Provide a flush control mounted on the Aopen@ 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.

9. Although there are 8 stalls in the women=s toilet room near the restaurant, 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), 4.1.6(1)(b). 4.22.4, Fig. 30(d).

C. Single user Men=s and Women=s Toilet Rooms at Visitor=s Center

1. The toilet room signs are on the wrong side of the door. For each toilet room, 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.

2. The toilet room doors are inaccessible because the pressure required to open the doors exceeds 5 pounds. For each toilet room, provide a door that requires no more than 5 pounds of force to open. Standards '' 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

3. No accessible mirror has been provided. In each toilet room, 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.

4. The lavatories are inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. In each toilet room, 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.

5. The urinal is inaccessible because the flush control exceeds 44 inches. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards '' 4.1.3(11), 4.1.6(1)(b), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

6. In each toilet room the toilet is inaccessible because the toilet flush control is on the closed side. In each toilet room provide a flush control mounted on the Aopen@ 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, 4.27.4.

7. The toilet paper dispensers are inaccessible because they are above the grab bars. In each toilet room, provide a toilet paper dispenser that is mounted within reach, with its top at least 12 inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards '' 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.6, Fig. 29(b).

8. The side grab bars at each toilet are inaccessible because they are lower than 33 inches. In each toilet room, provide grab bars that are mounted between 33 and 36 inches above the finished floor. Standards '' 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.4, Fig. 29.

D. Education Center Toilet Rooms with Stalls

1. The toilet room signs are not accessible. For each toilet room, 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

3. No accessible mirror has been provided. In each toilet room, provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards '' 4.19.6.

4. The lavatory in each toilet room is inaccessible because the faucets require excessive pressure. In each toilet room, provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards '' 4.19.5, 4.27.4.

5. The toilet paper dispensers are inaccessible because they are above the grab bars. In each toilet room, provide a toilet paper dispenser for each designated accessible stall that is mounted with its top at least 12 inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards 4.17.3, Fig. 30(d).

6. In the Women=s toilet room, the toilet is inaccessible because the flush control is on the closed side. Provide a flush control mounted on the Aopen@ side of the toilet=s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards '' 4.16.5, 4.17.2, 4.27.4.

E. Admin Park Building - AUnisex@ Toilet, but signage says AMen.@

1. The toilet room is inaccessible because the signage lacks raised and Braille characters and it is not mounted on the latch side of 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), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

2. The toilet room door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards '' 4.1.3(7)(b), 4.1.6(1)(b), 4.13.11(2)(b).

F. Education Center

1. The Education Center is inaccessible to people with hearing impairments because it has no assistive listening system. 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 4 receivers (4% of 100 total seats) for use by the general public and signage indicating their availability. 28 C.F.R. 35.160;Standards '' 4.1.3(19)(b), 4.1.6(1)(b), 4.30, 4.33.

G. ACasino@ (constructed before 1992)

1. Parking and General Features

a. Although the parking lot has a total of 75 parking spaces, only two are designated as reserved for people with disabilities, the pavement markings are unclear, the access aisles are not level, and there are no van accessible spaces. On the shortest accessible route to the accessible entrance, provide one van accessible space and two 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 AVan-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 parking designated as reserved for persons with disabilities is not dispersed among the accessible facility entrances. Provide accessible parking such that some accessible parking spaces serve each of the accessible facility entrances. Standards '' 4.1.2(5)(a), 4.1.2(5)(b), 4.1.6(1)(b), 4.6.2.

c. The route from the front of the Casino building to the parking area is inaccessible because the ramp surface has settled, leaving a one to two inch gap in the access route. Provide a ramp that 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 13 inches and 12 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 '' 4.1.2(1), 4.1.2(2), 4.3.8, 4.8.

d. The route from the front of the Casino building to the parking area is inaccessible because the sidewalk is not level. 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 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), 4.3, 4.5, Fig. 7.

e. There is a step up at the entrance of the Casino. 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 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 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. Second Floor Assembly Area - Reception/Events Area

a. The door at the Reception/Events Area is inaccessible because the pressure required to open the door is 15 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards '' 4.13.11(2)(b).

b. The door at the Reception/Events Area is inaccessible because knob hardware is used. 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. The Reception/Events Area is inaccessible to people with hearing impairments because it has no assistive listening system. 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 a minimum of 2 receivers for use by the general public and signage indicating their availability. 28 C.F.R. 35.160;Standards '' 4.1.3(19)(b), 4.30, 4.33.

3. Elevator - interior Casino to second floor

a. The elevator is inaccessible because the hoistway signage lacks raised characters and Braille, and the characters are not 2 inches high. Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high. Standards '' 4.10.5, Fig. 20.

b. The elevator is inaccessible because the doors do not stay open at least 20 seconds after reopening, and the doors close less than 5 seconds after notification. Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person. Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds. Standards '' 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

4. Second Floor Ballroom

a. There is no accessible route connecting the wheelchair seating areas and the stage; the rise to the stage, at 15 inches, prevents vertical access. Provide an accessible route connecting the wheelchair seating locations to all spaces used by performers. Standards '' 4.3, 4.33.5.

b. The stage is inaccessible to people with hearing impairments because there is no assistive listening system. 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 a minimum of 2 receivers for use by the general public and signage indicating their availability. 28 C.F.R. 35.160;Standards '' 4.30, 4.33.

5. Men=s and Women=s Toilet Rooms with Stalls - Basement

a. For each toilet room, the toilet room sign is on the wrong side of the door, is not 60 inches high, and lacks raised and Braille characters. For each toilet room, 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 '' 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

b. The Women=s toilet room door is inaccessible because 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).

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

d. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet rooms. Provide a visual alarm appliance in each of the toilet rooms. Standards '' 4.28.1, 4.28.3.

e. The toilet in the women=s room is inaccessible because the flush control is on the closed side. Provide a flush control mounted on the Aopen@ 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 '' 4.22.4, 4.16.5, 4.17.2, 4.27.4.

f. No accessible coat hook has been provided. In each toilet room, 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.

g. The rear grab bars at the toilet are inaccessible because they are more than 6 inches from the side walls. In each designated accessible stall in each toilet room, 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 ' 4.17.6, Fig. 30. . Standards '' 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.