DEPARTMENT OF JUSTICE COMPLIANCE REVIEW NUMBER 204-49-69

BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice ("Department") initiated this matter as a compliance review of the City of Santa Fe, New Mexico ("City") 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 City receives financial assistance from the Department of Justice, our review was also conducted under the authority of § 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 (DRS) of the Department's Civil Rights Division and focused on the City's compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992 and make modifications necessary to comply with the Department's title II regulations (28 C.F.R. Part 35), 28 C.F.R. §35.105;
  
  
• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City's obligations under title II and the Department's regulations, 28 C.F.R. §35.106;
  
  
• to designate a responsible employee to coordinate its efforts to comply and carry out the City's ADA responsibilities, 28 C.F.R. § 35.107(a);
  
  
• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);
  
  
• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:
  

  delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
  
  

  physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS"); 
  

  to ensure that facilities for which construction or alteration was begun after January 26, 1992 are readily accessible to and usable by people with disabilities, in accordance with 1) the Department's title II regulation and 2) the Standards or UFAS, 28 C.F.R. §35.151;
  
  

  to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. §35.160;
  
  

  where the City communicates by telephone, to communicate through a teletypewriter (TTY), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. §35.161;
  
  

  to provide direct access via TTY or computer to telephone emergency services, including 911 services, for persons who use TTY's and computer modems, 28 C.F.R. §35.162;
  
  

  to provide information for interested persons with disabilities concerning the existence and location of the City's accessible services, activities, and facilities, 28 C.F.R. §35.163(a);
  
  

  to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department limited its program access review to those of the City's programs, services, and activities that operate in the following facilities: City Hall, Sweeney Convention Center, Main Library, Ft. Marcy Complex, Fire Station #1, Water Street Parking Lot, Teen Center, Monica Roybal Center, Police Station, Mary Esther Gonzalez Senior Center, New Vistas Early Childhood Center, Salvador Perez Park, Ragle Park, La Farge Library, Animal Control Office, Antonio C. Roybal Building, Street Cut Permit Office, Pasatiempo Senior Citizen Center, Municipal Court, Fire Station #7, Marty Sanchez Golf Course, La Familia Medical Center, Siringo Complex, Transit Building "C", Bicentennial Pool, La Comunidad de Los Niños, and Solid Waste Administration Office Building. Of those facilities, Municipal Court, Fire Station #7, Marty Sanchez Golf Course, La Familia Medical Center, Siringo Complex and Transit Building "C" constitute new construction commenced after January 26, 1992. The following constitute alterations that commenced after January 26, 1992: Bicentennial Pool, La Comunidad de Los Niños, and the Solid Waste Administration Office Building.

B. JURISDICTION

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

2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the City's compliance with title II and the Department's implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. 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.

3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the City's compliance with § 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, 42.108-110, to suspend or terminate financial assistance to the City 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.

C. ACTIONS TAKEN BY THE CITY

4. In March and April 1992, the City conducted a self-evaluation and developed a transition plan in July 1992. The transition plan was updated on January 26, 1993 and subsequent years. The documents show a thorough review and an understanding of the requirements of the ADA. Citizens with disabilities and organizations representing people with disabilities assisted the City with its ADA compliance efforts.

5. In the wake of its self-evaluation, the City took steps to bring its employment policies into compliance with title I of the ADA. Pre-employment medical or disability inquiries do not appear on its employment application. Its policies recognize the City's obligation not to discriminate against qualified individuals with disabilities in all aspects of hiring and employment and to reasonably accommodate applicants and employees with disabilities upon notice of need.

6. In May 1992, the ADA Compliance Steering Committee developed a Grievance procedure for dealing with complaints regarding ADA compliance. The grievance procedures require that complaints be investigated first by the ADA Coordinator and that the investigation take no longer than 30 days. Complainants who are not satisfied with the outcome of their investigation can request a hearing by the City Council.

7. All meetings of City government are open to the public and steps are taken to ensure that the meetings are held in locations accessible to persons with disabilities. All meeting lists and agendas state that a qualified sign language interpreter is available through the City Clerk's office upon 5 days notice of any official government meeting.

8. The City has focused on physical changes to its facilities in order to provide access to its programs services, and activities. It has, for example, renovated men's and women's restrooms, replaced elevators, installed automated entrance doors and compliant signage.

D. POLLING PLACES

9. The City's polling locations -- at the Sweeney Convention Center, Ft. Marcy Complex, Public School Administration Building, St. John's Methodist Church, Elks BPOE Lodge, Nava Elementary School, County 4-H Building, Municipal Court, Pinon Elementary School, Kearny Elementary School, and the Office of the City Clerk -- are readily accessible to and usable by persons with mobility impairments.

The parties to this Agreement are the United States of America and the City of Santa Fe, New Mexico. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

REMEDIAL ACTION

10. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding paragraphs11 - 52, except as provided in paragraphs 57 and 59.

11. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design ("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. The Standards appear at 28 C.F.R. Part 36, Appendix A.

A. POLICIES AND PROCEDURES

12. Within 30 days of the effective date of this Agreement, the City will appoint an ADA Coordinator who is knowledgeable of the requirements of title II and the Department's implementing regulation or who will be trained in these areas within 60 days of appointment.

13. Within 90 days of the effective date of this Agreement, the City will distribute the attached Notice (Attachment A) to all department/division heads; publish the Notice in a newspaper of general circulation serving the City; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the ADA Coordinator information contained on the Notice, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

14. Within 90 days of the effective date of this Agreement, the City will identify sources of qualified sign language interpreters and vendors that Braille documents, and will develop written procedures, with time frames, for fulfilling requests from the public for interpreters and documents in alternate formats (Braille, large print, cassette tapes, etc.)

15. The City will report to the Department within 180 days of the effective date of this Agreement the actions it has taken to comply with paragraphs 12-14.

16. Within one year of the effective date of this Agreement, the City will develop a method for providing information for interested persons with disabilities concerning the existence and location of the City's accessible services, activities, and services and submit its proposal to the Department in writing. The proposal, as approved by the Department, will be implemented no later than 18 months years from the effective date of the Agreement.

B. 9-1-1 SERVICES

17. The City operates a 9-1-1 emergency service at its Police Department. There are six call-takers in this Primary Service Answering Point, and one TTY. The City is obliged to provide persons with hearing or speech impairments direct access by TTY to the telephone emergency services that is as effective as that provided to voice telephone users.

18. The City will therefore acquire additional TTY equipment within 6 months of the effective date of this Agreement, so that each answering position has the capability to respond directly to callers on a TTY and make call-backs, and to ensure that backup equipment will be provided in case of an emergency or TTY malfunction.

19. The City will amend its written 9-1-1 procedures within 30 days of the effective date of this Agreement to ensure that 9-1-1 call takers are trained to recognize a "silent" open line as a potential TTY call and respond accordingly, that TTY calls are answered as quickly as other calls received, and are monitored for timing and accuracy, if other calls are monitored. The City will also continue to ensure that employees are trained and practiced in using a TTY to make and receive calls.

20. The City will ensure that correct TTY call taking procedures are incorporated into call takers' performance evaluations, and will amend its personnel policies to include written disciplinary procedures for call takers who fail to perform TTY call taking consistent with the training and procedures.

21. The City will report to the Department within 6 months of the effective date of this Agreement the actions it has taken to comply with paragraphs 17-20.

C. CITY COMMUNICATION

22. The City uses the TTY in the Police Department as its main vehicle for communicating to and with persons who have hearing or speech impairments in non-emergency settings. Effective immediately, it will reserve that TTY for telephone emergency services only.

23. Within 60 days of the effective date of this Agreement, the City will acquire and install additional TTY's for administrative calls, officially recognize the New Mexico telephone relay service as the means by which it communicates, or implement a system that combines both technologies.

24. Within 90 days of the effective date and for the life of this Agreement, the City will publicize its TTY numbers, if any, on the same basis as its voice numbers, through such means as the Notice that appears as Attachment A, official stationary, business cards, civic newsletters, the public telephone book, and the City's Home Page. If the City chooses to rely on the New Mexico telephone relay system alone, that number will be publicized in the same manner, in lieu of any TTY numbers.

D. PHYSICAL ALTERATIONS

25. Within one year of the effective date of this Agreement, the City will survey its public facilities. It will install signage at any inaccessible entrance to a facility, directing users to an accessible entrance or to information about other accessible facilities, and denote the accessible entrance by using the international symbol of accessibility. 28 C.F.R. § 35.163(b); Standards §§ 4.1.2(7)(c), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions:

26. The City shall complete the following alterations to the Municipal Court within 6 months of the effective date of this Agreement:

a. Women's Public Restroom

(1) The mirror is mounted so that the bottom edge of the reflecting surface is 43 inches above the floor. Provide a mirror in each room so that the bottom edge of its reflecting surface is not higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6 & Fig. 31.

(2) The height of the side grab bar in the designated accessible stall is 37 inches above the finish floor. Provide a side grab bar that is 33 to 36 inches above the finish floor. §§ 4.1.3(11), 4.22.4., 4.17.6 & Fig. 30(d).

b. Men's Public Restroom

(1) The soap dispenser is mounted so that the control is located 58 inches above the finish floor. Reposition the dispenser so that its highest operable part is within reach ranges specified for a forward or side approach. §§ 4.1.3(11), 4.22.7, 4.27.3, 4.2.5 & Fig. 5(b), 4.2.6 & Fig. 6(b).

(2) The distance between the urinal partition and the accessible toilet stall door is 31 inches. Provide a 42 inch minimum width between the accessible stall door and the closest obstruction. §§ 4.1.3(11), 4.22.4, 4.17.5 & Fig. 30(a).

c. Men's and Women's Employee Restroom

(1) Each mirror is mounted so that the bottom edge of the reflecting surface is 43 inches above the finish floor. Provide a mirror in each room so that the bottom edge of its reflecting surface is not higher than 40 inches above the finish floor. §§ 4.1.3(11), 4.22.6, 4.19.6 & Fig. 31.

(2) The toilet flush control in the women's toilet is on the closed, or narrow, side of the toilet stall. Alter the control so that it is on the open, or wide side of the toilet stall. §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.

(3) The force required to open the women's and men's toilet room doors is 10 pounds. Adjust the doors so that the force required to open the doors is not more than 5 pounds. §§ 4.1.3(11), 4.22.2, 4.13.11(2)(b).

d. The courtroom has no assistive listening system available. Install an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system. §§ 4.1.3(19)(b), 4.30, 4.33.

27. The City shall complete the following alterations to the Fire Station #7 within 6 months of the effective date of this Agreement:

a. There is one van accessible designated parking space with a 63 1/2 inch wide access aisle. Provide at least one "van-accessible" parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility. §§ 4.1.2(5)(b), 4.6.4.

b. Women's and Men's Restrooms

(1) The toilet flush control in the women's toilet is on the closed, or narrow, side of the toilet stall. Alter the control so that it is on the open, or wide side of the toilet stall. §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.

28. The City shall complete the following alterations to the Marty Sanchez Golf Course within 6 months of the effective date of this Agreement:

a. The parking lot serving the Administration Building has one accessible parking space located at some distance from the accessible entrance. Establish a space that is located on the shortest accessible route of travel from the parking lot to the accessible entrance. §§ 4.1.2(5)(a), 4.6.2.

b. The only accessible parking space provided at the Administration Building is not designated as "van accessible". Provide a space with a 96 inch wide access aisle and intall a sign designating the space as "van accessible" mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.4.

c. The accessible parking space and access aisle at the Administration Building are not level with surface slopes not exceeding 1:50 in all directions. Alter the space and aisle in compliance with the Standards. §§ 4.1.2(5), 4.6.3.

d. According to the architectural drawings provided, the "walkway" from the parking area to the Administration Building has a slope greater than 1:20 in some places and is, therefore, considered a ramp. Alter the ramp to comply with all requirements for ramps, including slope and rise, 60 inch minimum length landings at the bottom and top of each ramp, handrails, cross slope and surfaces, edge protection, and outdoor conditions. §§ 4.1.3(1), 4.3.7, 4.8 & Figs. 16, 17.

e. Women's and Men's Restrooms

(1) The door coat hook in the accessible stall is located 67 1/2 inches above the floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.

29. The City shall make the following alterations to the La Familia Medical Center within 6 months of the effective date of this Agreement:

a. The accessible parking spaces do not have the correct signage designating the spaces as reserved. Install signage at each space, using the international symbol of accessibility, located so that the signage cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5), 4.6.4, 4.30.7(1).

b. Women's Toilet Room

(1) The room identification signage is incorrectly mounted. Provide a sign, with raised and Brailled characters, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The force required to open the door to the women's toilet room is 16 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. §§ 4.1.3(11), 4.22.2, 4.13.11(2)(b).

(3) The height of the lavatory apron provides a clearance of 27 inches above the finish floor. Re-mount or provide a lavatory so that there is a clearance of at least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

(4) The door coat hook in the designated accessible stall is located 66 inches above the floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.

c. Unisex Restroom

1) The room identification signage is incorrectly mounted. Provide a sign, with raised and Brailled characters, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The toilet paper dispenser in the designated accessible stall is located 16 1/2 inches from the finish floor to the centerline of the dispenser. Re-mount the dispenser so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and no less than 19 inches from the finish floor to the centerline of the dispenser. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(3) The centerline of the toilet is located 19 1/2 inches from the side wall. Re-mount the toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(a).

d. Men's Restroom

(1) The height of the lavatory apron provides a clearance of 27 1/2 inches above the finish floor. Re-mount or provide a lavatory so that there is a clearance of at least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. §§ 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

(2) The door coat hook in the designated accessible stall is located 66 inches above the floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.

e. Counters

(1) The cashier's counter is located 40 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high. § 7.2(1).

30. The City shall complete the following alterations to the Siringo Complex within one year of the effective date of this Agreement:

Building I - Police Substation

a. The counter is located 44 inches above the floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or an auxiliary counter that is not more than 36 inches high in close proximity to the main counter, or provide equivalent facilitation (e.g., use of a folding shelf or use of space on the side of the counter for handing materials back and forth). § 7.2(2).

b. Men's Restroom

(1) The urinals are mounted so that the flush controls are located 46 inches above the finish floor. Provide a urinal that has a flush control no higher than 44 inches above the finish floor. §§ 4.1.3(11), 4.22.5, 4.18.4.

(2) The door coat hook in the designated accessible stall is located 66 1/2 inches above the floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.

Building J- Purchasing Office Building

c. There is a 5 inch change in elevation at the threshold to the entrance door. Alter this threshold so that the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or by installing a ramp with a slope no greater than 1:12 that has a level landing of at least 60 inches in length in front of the doorway. §§ 4.1.3(2), 4.1.3(7), 4.13.8, 4.5.2, 4.8.

31. The City shall complete the following alterations to the Transit Building "C" within 1 year of the effective date of this Agreement:

a. The spout outlet on the drinking fountain is located 36 1/2 inches above the finish floor. Provide a fountain that is accessible to a person in a wheelchair and a fountain that is accessible to those who have difficulty bending and stooping. §§ 4.1.3(10), 4.15.2.

In order to ensure that the following spaces in City Facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the City will take the following actions:

32. The City shall complete the following alterations to the Bicentennial Pool within one year of the effective date of this Agreement:

a. The public telephone does not comply with § 4.1.3(17)(a), (b). Provide a public telephone that has hearing aid compatibility, a volume control, and accompanying signage. §§ 4.1.6(1)(b), 4.1.3(17)(a), (b), 4.31.2 through 4.31.8, 4.30.7(2).

b. Women's and Men's Showers

Modify the current women's and men's showers in the Bicentennial Pool so that they are readily accessible to and usable by people with disabilities, and comply with all relevant provisions of the Standards governing shower facilities. These include but are not limited to those provisions dealing with shower stall size, clear floor space, grab bars, controls and seats. Standards §§ 4.1.6(1)(b), 4.21, 4.23.8.

33. The City shall complete the following alterations to La Comunidad de los Niños within one year of the effective date of this Agreement:

a. Unisex Bathroom

(1) The lavatory has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrists to operate. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.5, 4.27.4.

(2) The lavatory rim is 35 inches above the finish floor. Reposition the lavatory so that the rim is no higher than 34 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.2 & Fig. 31.

(3) The height of the toilet is 21 1/2 inches from the finish floor to the top of the seat. Reposition the toilet so that the top of the seat is between 17 and 19 inches from the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.3 & Fig. 29(b).

(4) The designated accessible stall is 38 inches wide. Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.1.6(1)(b), 4.1.3(11), 4.13, 4.22.4, 4.16, 4.17.3 & Fig. 30 (a), (c), (d), 4.26, 4.27.

(5) The rear grab bar is 35 inches long. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a), (c).

b. The spout outlet on the drinking fountain is located 41 inches from the floor. Provide a fountain that is accessible to a person in a wheelchair. §§ 4.1.6(1)(b), 4.1.3(10), 4.15.

In order 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, is readily accessible to and usable by persons with mobility impairments, the City will take the following actions:

34. The City shall complete the following alterations to the Solid Waste Administration Office Building within one year of the effective date of this Agreement:

a. The information counter is located 41 inches above the floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or an auxiliary counter that is not more than 36 inches high in close proximity to the main counter, or provide equivalent facilitation (e.g., use of a folding shelf or use of space on the side of the counter for handing materials back and forth). §§ 4.1.6(1)(b), 7.2(2).

b. Men's and Women's Restrooms

(1) The force required to open the door to the women's toilet room is 14 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.2, 4.13.11(2)(b).

(2) The designated accessible stall door has twist hardware. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching or twisting of the wrist to operate. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.5, 4.13.9, 4.27.4.

(3) The door coat hook in the accessible stall is located 67 inches above the floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. §§ 4.1.3(12), 4.25.3, 4.2.5, 4.2.6.

(4) The side and the rear grab bars in the accessible women's stall are 37 inches from the finish floor. Reposition the grab bars so that they are 33-36 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(c), (d).

(5) The toilet paper dispenser in the designated accessible stall is located 43 inches above the finish floor. Provide a dispenser that it is located below the grab bar with its farthest edge no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(6) The hot water and drain pipes under the lavatory are not insulated or configured to protect against contact. Install insulation on the pipes. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

(7) The rims of the urinals in the men's restroom are 18 1/2 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2.

(8) The urinals in the men's restroom are mounted so that the flush controls are located 46 inches above the finish floor. Provide a urinal that has a flush control no higher than 44 inches above the finish floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.4.

35. The City shall complete the following alterations to City Hall within one year of the effective date of this Agreement:

a. There are five designated accessible parking spaces, none of which is served by an adjacent access aisle or identified as "van-accessible". Alter the spaces to provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van-accessible sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space.

Provide access aisles at least 60 inches wide that comply with the Standards for the other four accessible parking spaces. §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

b. The signs designating the accessible parking spaces are located low to the ground. Reposition the signs so that each cannot be obscured by a vehicle parked in the space. § 4.6.4.

c. The spout outlet on the drinking fountain on the first floor is located 43 inches from the floor. Install a drinking fountain with a spout outlet no higher than 36 inches from the finish floor, or install cups next to the existing fountain so that they dispense from a point no higher than 48 inches from the finish floor for a forward reach or no higher than 54 inches for a side reach. §§ 4.15.2 & Fig. 27(a), 4.27.3, 4.2.5, 4.2.6.

d. The top of the cashier counter for paying sewage and refuse bills is 40 1/2 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, § 7.2(2); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs).

e. The top of the service for ambulance/paving billing is 38 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, § 7.2(2); or provide access to services transacted at this counter through alternate means (e.g., by offering these services at an accessible location for individuals who use wheelchairs).

f. Elevator hoistway entrances do not have raised and Brailled floor designations on both jambs. Provide floor designation signage with raised and Braille characters mounted at 60 inches to the centerline of the characters above the finish floor on the hoistway entrances on each floor. §§ 4.10.5, 4.30.4.

g. The City Council Chamber has no assistive listening system available. Install an adequate number of electrical outlets or other supplementary wiring in the Chamber necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating the availability of a listening system. §§ 4.1.3(19)(b), 4.30, 4.33.

h. First Floor Ladies' Toilet Room

(1) The force required to open the door to the women's toilet room is 13 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. § 4.13.11(2)(b).

(2) The designated accessible toilet stall contains the following non-compliant elements: the stall door has a minimum clear opening width of 30 1/2 inches and twist-type hardware; the stall is 39 1/2 inches wide; there is no rear grab bar; and the coat hook is located 65 inches above the floor.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, coat hook height, and controls and dispensers comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.25.3, 4.2.5, 4.2.6, 4.26, 4.27.

(3) The sanitary napkin dispenser coin slot is mounted at 57 inches above the finish floor. Provide a dispenser with its highest operable part no more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. §§ 4.27.3, 4.2.5, 4.2.6.

i. First Floor Men's Room

(1) The designated accessible toilet stall contains the following non-compliant elements: the stall is 50 inches wide; there is no rear grab bar; and the side grab bar begins more than 12 inches from the back wall.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27.

(2) The mirror is mounted so that the bottom edge of the reflecting surface is 42 inches above the finish floor. Provide a mirror with the bottom edge of its reflecting surface no higher than 40 inches above the finish floor. §§ 4.19.6.

j. There are no signs indicating the location of the designated accessible first floor toilet rooms within the City Hall building. Install signs at inaccessible toilet rooms and in conspicuous places directing users to the location of the accessible toilet rooms. §§ 4.1.3(16)(b), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

k. City Clerk's Office:

(1) The entrance door has knob hardware that requires twisting of the wrist. Replace it with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. § 4.13.9.

36. The City shall complete the following alterations to the Sweeney Convention Center within one year of the effective date of this Agreement:

a. There are three designated accessible parking spaces, none of which is served by an adjacent access aisle or identified as "van-accessible". Alter the spaces to provide at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional van-accessible sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Provide access aisles at least 60 inches wide that comply with the Standards for the other two accessible parking spaces. §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.4, 4.6.3 & Fig. 9.

b. The signs designating the accessible parking spaces are located low to the ground. Reposition the signs so that each cannot be obscured by a vehicle parked in the space. § 4.6.4.

c. Elevator hoistway entrances do not have raised and Brailled floor designations on both jambs. Provide floor designation signage with raised and Braille characters mounted at 60 inches to the centerline of the characters above the finish floor on the elevator hoistway entrances on each floor. §§ 4.10.5, 4.30.4.

d. Three public telephones are provided. None of the telephones have volume control. Provide a telephone that has hearing aid compatibility, a volume control, and accompanying signage. §§ 4.1.3(17), 4.31.2 through 4.31.8 and 4.30.7.

e. The slope of the ramp to the polling room is approximately 1:9.5. Provide an accessible route to the polling room with a ramp sloped no more than 1:12. § 4.8.2.

f. First Floor Men's and Women's Toilet Rooms

(1) The force required to open the doors to the women's and men's toilet rooms is 13 pounds. Adjust each door so that the force required to open the doors is no more than 5 pounds. § 4.13.11(2)(b).

(2) The designated accessible toilet stall in each room contains the following non-compliant elements: the stall is 42 inches wide; there is no rear grab bar; the toilet centerline is 19 1/2 inches from the partition, and the coat hook is located 63 inches above the floor.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep for a floor 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, coat hook height, and controls and dispensers comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.25.3, 4.2.5, 4.2.6, 4.27.

(3) The toilet seat cover dispenser is located within the designated accessible stall and there is no clear floor space underneath it. Provide a toilet seat cover dispenser in an area where there is a 30 inch by 48 inch clear floor space under the dispenser. §§ 4.27.2, 4.2.4.

37. The City shall complete the following alterations to the Main Library within one year of the effective date of this Agreement:

a. The access aisle of the designated van accessible parking space is not at least 96 inches wide. Provide a van accessible space with an access aisle at least 96 inches wide. §§ 4.1.2(5)(b), 4.6.4.

b. The signs designating the accessible parking spaces are located low to the ground. Reposition the signs so that each cannot be obscured by a vehicle parked in the space. § 4.6.4.

c. The top of the circulation desk is 39 1/2 inches above the floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, §7.2(2); or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs).

d. Some of the aisles in the library are narrow and do not have sufficient clear width to be accessible to individuals in wheelchairs. Alter these aisles so that they are at least 36 inches wide or post a notice conspicuously in the Library that assistance is available for persons who use wheelchairs. §§ 8.5, 4.3.3.

e. The ramp in the Southwest Reading Room does not have handrails on both sides of the ramp. Provide handrails on both sides of the ramp. § 4.8.5.

f. The elevator control panel does not have raised and Brailled characters. Install a control panel that complies with the Standards. §§ 4.10.12(2), 4.30.

g. First Floor Drinking Fountain

There is a drinking fountain which is accessible to people who use wheelchairs but not one accessible to individuals who have difficulty bending or stooping. Provide a fountain at a standard height convenient to individuals who have difficulty bending or provide paper cups. § 4.1.3(10)(a).

h. First Floor Ladies' Toilet Room

(1) The toilet room does not have the required signage. Install signage, using raised and Brailled characters on the wall adjacent to the latch side of the door so that its centerline is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Also identify the toilet room with the International Symbol of Accessibility. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

(2) The toilet room door has knob hardware. Replace the hardware with hardware that is operable with one hand and does not require tight grasping, pinching or twisting of the wrists to operate. § 4.13.9.

(3) The force required to open the door to the women's room is 15 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. § 4.13.11.

(4) The length of the rear grab bar in the designated accessible toilet stall is 24 1/2 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. § 4.17.6 & Fig. 30(a), (c).

(5) The length of the side grab bar in the designated accessible toilet stall is 24 1/2 inches. Replace the grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the wall. § 4.17.6 & Fig. 30(a), (d).

(6) The door coat hook in the accessible stall is 57 inches above the floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. §§ 4.25.3, 4.2.5, 4.2.6.

(7) The centerline of the toilet is located 15 1/2 inches from the side wall. Remount the toilet so that the centerline is exactly 18 inches from the side wall. §§ 4.17.3 & Fig. 30(a).

(8) The height of the lavatory counter is 38 inches above the finish floor. Re-mount or provide a lavatory with a counter/rim that is no more than 34 inches above the finish floor, with a clearance of at least 29 inches above the floor to the bottom of the apron, and that otherwise complies with the Standards. § 4.19.2 & Fig. 31.

(9) The hot water and drain pipes beneath the lavatory are not insulated or otherwise configured against contact. Install insulation on the pipes. § 4.19.4.

(10) The mirror is mounted so that the bottom edge of the reflecting surface is located 49 inches above the finish floor. Reposition the mirror so that the bottom edge of the reflecting surface is no higher than 40 inches above the finish floor. § 4.19.6.

i. First Floor Men's Toilet Room

(1) Within 3 months of the effective date of this Agreement, the City will review and report to the Department on whether the first floor men's toilet room at the Main Library complies fully with the Standards. The City will complete any necessary physical alterations to this room within 9 months of the Department's written approval. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30, 4.18, 4.19, 4.25, 4.26, 4.27, 4.30.

j. Second Floor Men's and Women's Toilet Rooms

Provide directional signage indicating the location of the designated accessible men's and women's toilet rooms on the first floor. §§ 4.1.6(3)(e)(iii), 4.30.2, 4.30.3, 4.30.5, 4.30.7.

38. The City will complete the following alterations to the Ft. Marcy Complex within one year of the effective date of this Agreement:

a. There are three designated accessible parking spaces, none of which is van-accessible. Alter the spaces to provide at least one "van-accessible" parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.

b. There are no signs designating the accessible parking spaces. Install signage at each space, using the international symbol of accessibility, that cannot be obscured by a vehicle parked in the space. §§ 4.6.4, 4.30.7.

c. Drinking Fountain

There is a drinking fountain which is accessible to people who use wheelchairs but not one accessible to individuals who have difficulty bending or stooping. Provide a fountain at a standard height convenient to individuals who have difficulty bending or provide paper cups. § 4.1.3(10)(a).

d. Women's Restroom - First Floor

(1) The entrance door to the toilet room has a clear opening width of 30 inches. Alter the doorway to provide a minimum clear opening width of at least 32 inches measured from the face of door to the opposite door stop with the door open to 90 degrees. § 4.13.5.

(2) The designated accessible toilet stall contains the following non-compliant elements: the stall is 35 inches wide; the door has a twist-type lock; there is no rear grab bar; the centerline of the toilet is 16 1/2 inches from the side wall; the side grab bar is 31 inches high.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27.

(3) The toilet seat cover dispenser is mounted above the toilet and does not have clear floor space underneath. Provide a toilet seat cover dispenser in an area where there is a 30 inch by 48 inch clear floor space under the dispenser. §§ 4.27.2, 4.2.4

(4) The entrance to the diaper room is 26 inches wide. Alter the doorway so that there is a minimum clear opening width of 32 inches measured from the face of door to the opposite door stop with the door open 90 degrees. § 4.13.5.

e. Men's Restroom - First Floor

(1) The accessible toilet stall contains the following non-compliant elements: the stall is 35 inches wide; there is no rear grab bar; and the centerline of the toilet is 16 1/2 inches from the side wall.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27.

f. Women's and Men's Locker and Toilet Rooms

(1) The force required to open the doors to these rooms is more than 5 pounds. Adjust each door so that the force required to open the doors is no more than 5 pounds. § 4.13.11(2)(b).

(2) The entrance doors to each toilet room has a clear opening width of 30 1/2 inches. Alter the doorway to each room to provide a minimum clear opening width of at least 32 inches measured from the face of door to the opposite door stop with the door open to 90 degrees. § 4.13.5.

(3) The designated accessible stall in each room contains the following non-compliant elements: the clear opening width of the stall door is 30 1/2 inches, the stall is 38 inches wide, there is no rear grab bar, the toilet seat is 20 inches above the finish floor.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27.

(4) The toilet seat cover dispenser is mounted behind the toilet and does not have clear floor space underneath. Provide a toilet seat cover dispenser in an area where there is a 30 inch by 48 inch clear floor space under the dispenser. §§ 4.27.2, 4.2.4.

(5) The designated accessible transfer shower is not exactly 36 inches wide by 36 inches deep, there are no grab bars, the controls are located 59 inches above the shower floor, and there is not a shower spray unit with a hose at least 60 inches long. Provide a transfer shower that is exactly 36 inches wide by 36 inches deep with grab bars, a shower seat, shower controls located between 38 and 48 inches above the shower floor, and a shower spray unit with a hose at least 60 inches long or a fixed shower head mounted at 48 inches above the shower floor. § 4.21 & Figs. 35(a), 37(a).

39. The City will complete the following alterations to Fire Station #1 within one year of the effective date of this Agreement:

a. The spout outlet of the drinking fountain is located 41 inches from the floor and the drinking fountain is located in an alcove that is 27 inches wide. Install a drinking fountain with a spout outlet no higher than 36 inches from the finish floor and clear floor space at least 30 inches wide and 48 inches deep; or provide a water cooler in an accessible location with cups that dispense no higher than 48 inches above the finish floor for a forward reach and no higher than 54 inches above the finish floor for a side reach. §§ 4.15.2, 4.15.5 & Fig. 27, 4.27.3, 4.2.5, 4.2.6.

b. Men's and Women's Toilet Rooms

(1) The designated accessible stall in each room is 32 inches wide. Provide a "standard" accessible toilet stall that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep if the toilet is wall mounted). § 4.17.3 & Fig. 30(a).

(2) The door coat hook in the designated accessible stall in each room is 59 1/2 inches above the floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. §§ 4.25.3, 4.2.5, 4.2.6.

40. The City will complete the following alterations to the Water Street Parking Lot within one year of the effective date of this Agreement:

a. Men's and Women's Toilet Rooms

(1) The mirror is mounted in each room so that the bottom edge of the reflecting surface is 43 1/2 inches above the finish floor. Provide a mirror with the bottom edge of its reflecting surface not higher than 40 inches above the finish floor. § 4.19.6.

(2) The signage designating the women's toilet room does not have Braille and is mounted on the door. Provide a sign with raised characters and Braille that is mounted on the wall adjacent to the latch side of the door so that its centerline is 60 inches above the finish floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(3) The door to the designated accessible toilet stall has a twist-type lock. Provide door hardware that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. §§ 4.17.5, 4.13.9.

41. The City will complete the following alterations to the Teen Center within six months of the effective date of this Agreement:

a. There are no signs designating the accessible parking spaces. Provide a sign designating each accessible parking spaces so that the sign cannot be obscured by a vehicle parked in the space. § 4.6.4.

b. Women's Toilet Room

(1) The force required to open the door to the women's room is more than 5 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. § 4.13.11(2)(b).

(2) The length of the rear grab bar is 32 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. § 4.17.6 & Fig. 30(a).

c. Men's Toilet Room

The force required to open the door to this room is more than 5 pounds. Adjust each door so that the force required to open the doors is no more than 5 pounds. § 4.13.11(2)(b).

42. The City will complete the following alterations to the Monica Roybal Center within 18 months of the effective date of this Agreement:

a. Ramp to the Reading Room

There are no handrails on both sides of the ramp. Provide a handrail on both sides of the ramp where it does not interfere with the corridor openings. § 4.8.5.

b. Women's Restroom

(1) The rim of the lavatory is 36 inches above the finish floor. Remount the lavatory so that the rim is no higher than 34 inches above the finish floor, there is a clearance of at least 29 inches above the floor to the bottom of the apron, and it otherwise complies with the Standards. § 4.19.2 & Fig. 31.

(2) The mirror is mounted so that the bottom edge of the reflecting surface is 41 inches above the finish floor. Provide a mirror with the bottom edge of its reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.

(3) The designated accessible toilet stall contains the following non-compliant elements: the stall is 42 inches wide; the rear grab bar extends 32 1/2 inches from the side wall; the side grab bar extends 47 inches from the rear wall; the centerline of the toilet is 15 1/2 inches from the side wall; the coat hook is mounted 62 inches above the floor; and the toilet paper dispenser is not mounted on the side wall within reach of the toilet.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27, 4.25, 4.2.5, 4.2.6.

c. Men's Toilet Room

(1) The designated accessible toilet stall does not have side or rear grab bars. Provide a standard accessible stall with a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. Provide a side grab bar that is at least 40 inches long with the end closer to the back wall mounted no more than 12 inches from the back wall, and with the end farthest from the back wall located at least 52 inches from the wall. §§ 4.17.3, 4.17.6 & Fig. 30(a),(c), (d).

(2) The rim of the lavatory is 36 inches above the finish floor. Remount the lavatory so that the rim is no higher than 34 inches above the finish floor, there is a clearance of at least 29 inches above the floor to the bottom of the apron, and it otherwise complies with the Standards. § 4.19.2 & Fig. 31.

43. The City shall complete the following alterations to the Police Station within one year of the effective date of this Agreement:

a. Parking

(1) Two accessible parking spaces are provided, but the signs designating them are posted low to the ground, the spaces and access aisle are not demarcated, and neither space is designated van-accessible.

Re-stripe the spaces to provide 96 inch wide parking spaces and at least one van-accessible parking space served by an access aisle at least 96 inches wide, and provide an additional van-accessible sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Raise the signage on the remaining space so that it also cannot be obscured. §§ 4.1.2(5)(a) & (b), 4.6.3 & Fig. 9, 4.6.4.

(2) The access aisle is not level and has surface slopes exceeding 1:50 (built-up curb ramp extends into aisle). Provide an access aisle that is level with surface slopes not exceeding 1:50 in all directions. § 4.6.3.

(3) The curb ramp has a slope that exceeds 1:12 and does not have flared sides. Provide a curb ramp that has a slope no greater than 1:12 and that has flared sides with maximum slopes of 1:10. §§ 4.7.2, 4.7.5.

b. After-Hours Phone Box

The handle of the after-hours phone box is 52 inches above the ground surface and has insufficient clear ground space for a side reach. Lower or move the box so that its handle is no higher than 48 inches from the ground surface for a forward reach with sufficient clear ground space, or 54 inches from the ground surface for a side reach with sufficient clear ground space. §§ 4.27.3, 4.2.5 & Fig. 5(a), 4.2.6 & Fig. 6(a), (b).

c. Women's Restroom

(1) The force required to open the door to the women's toilet room is 17 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. § 4.13.11(2)(b).

(2) The entrance door to the toilet room has twist hardware. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching or twisting of the wrist to operate. § 4.13.9.

(3) The lavatory has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist to operate. §§ 4.19.5, 4.27.4.

(4) The height of the lavatory provides a clearance of 27 inches above the finish floor to the bottom of the apron. Re-mount or provide a lavatory so that there is a clearance of at least 29 inches above the floor to the bottom of the apron and it otherwise complies with the Standards. § 4.19.2 & Fig. 31.

(5) The hot water and drain pipes beneath the lavatories are not insulated or otherwise configured to protect against contact. Install insulation on the pipes of the accessible lavatory. § 4.19.4.

(6) The paper towel dispenser lever is located 59 inches above the finish floor. Remount the dispenser so that the highest operable part is no higher than 48 inches above the finish floor. §§ 4.2.5, 4.27.3.

(7) The designated accessible toilet stall contains the following non-compliant elements: the stall is 55 1/2 inches wide; the length of the rear grab bar is 24 1/2 inches; the side grab bar does not extend at least 52 inches from the rear wall; the centerline of the toilet is 14 1/2 inches from the side wall; and the toilet paper dispenser is located 39 inches above the finish floor.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27.

(8) The toilet seat cover dispenser is mounted 55 inches above the finish floor and behind the toilet. Provide a toilet seat cover dispenser that is within the reach ranges of a person using a wheelchair in an area where there is a 30 inch by 48 inch clear floor space adjacent to the dispenser. §§ 4.27.2, 4.2.4, 4.27.3, 4.2.5, 4.2.6.

(9) The mirror is mounted so that the bottom edge of the reflecting surface is 48 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.

d. Men's Restroom

(1) The entrance door to the toilet room has twist hardware. Replace it with hardware that is operable with one hand and that does not require tight grasping, pinching or twisting of the wrist to operate. § 4.13.9.

(2) The lavatory is mounted with the bottom of the apron at 25-1/4 inches above the finish floor. Re-mount or provide a lavatory so that there is a clearance of at least 29 inches above the finish floor to the bottom of the apron and it otherwise complies with the Standards. § 4.19.2 & Fig. 31.

(3) The hot water and drain pipes beneath the lavatories are not insulated or configured to protect against contact. Install insulation on the pipes of one accessible lavatory. § 4.19.4.

(4) The lavatory has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist to operate. § 4.19.5.

(5) The designated accessible toilet stall contains the following non-compliant elements: the stall is 56 inches wide; the length of the rear grab bar is 23 1/2 inches; the side grab bar does not extend at least 52 inches from the rear wall; and the centerline of the toilet is 15 1/2 inches from the side wall.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27.

(6) The toilet seat covers dispenser is mounted 57 inches above the finish floor and behind the toilet. Provide a toilet seat cover dispenser that is within the reach ranges of a person using a wheelchair in an area where there is a 30 inch by 48 inch clear floor space adjacent to the dispenser. §§ 4.27.2, 4.2.4, 4.27.3, 4.2.5, 4.2.6.

(7) The mirror is mounted so that the bottom edge of the reflecting surface is 48 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.

44. The City shall complete the following modifications to the Mary Esther Gonzalez Senior Center:

a. The City shall complete the following modifications to the women's restroom near the recreation/billiards room within 6 months of the effective date of this Agreement:

(1) The length of the rear grab bar is 30 inches. Provide a rear grab bar that is at least 36 inches long and that begins at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. § 4.16.4 & Fig. 29.

(2) The far end of the side grab bar is less than 54 inches from the rear wall. Provide a side grab bar with the far end at least 54 inches from the rear wall and the near end no more than 12 inches from the rear wall. § 4.16.4 & Fig. 29.

b. The City shall complete the following modifications to the restrooms near the Lobby within 2 years of the effective date of this Agreement:

(1) The lavatory in each restroom is mounted so that the bottom of the apron is 21 inches above the finish floor. Re-mount or provide a lavatory with a clearance of at least 29 inches above the finish floor to the bottom of the apron and that otherwise complies with the Standards, including the requirement that hot water and drain pipes be insulated or otherwise configured to protect against direct contact. § 4.19.2 & Fig. 31.

(2) The mirror in each restroom is mounted so that the bottom edge of the reflecting surface is 47 inches above the finish floor. Provide a mirror mounted so that the bottom edge of the reflecting surface is no higher than 40 inches above the finish floor. § 4.19.6.

(3) The accessible toilet stall in each restroom contains the following non-compliant elements: the stall is 37 inches wide and 54 1/2 inches deep; the stall door has a clear opening width of 30 1/2 inches; the height of the toilet is 21 inches from the finish floor to the top of the seat; the grab bars are only 22 inches in length and mounted in the wrong location; and the coat hook is mounted 67 inches above the floor.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) 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, and coat hook height comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27, 4.25, 4.2.5, 4.2.6.

(4) The distance between the edge of the privacy wall and the edge of the lavatory in the men's restroom is 30 inches. Alter this area to provide an accessible route with a minimum clear width of 36 inches. §§ 4.3.3, 4.22.3.

(5) Modify the layout of both toilet rooms so that each has a clear floor space 60 inches in diameter or a T-shaped space to permit a person in a wheelchair to make a 180 degree turn. § 4.22.3, 4.2.3.

c. Until the City completes the modifications to the restrooms near the Lobby, the City will ensure that the women's and men's restrooms located near the recreation/billiards room are open and available for use by persons with mobility impairments at all times.

(1) The City will, therefore, ensure that the recreation/billiards room is never locked while the building is in use and that people with disabilities are allowed to enter that room to gain access to the restrooms at all times. In addition, the City will ensure that an accessible route to these bathrooms is maintained at all times.

(2) Within 6 months of the effective date of this Agreement, the City will inform all building personnel, in writing, of this new policy and will post signs on the doors of the restrooms and the recreation/billiards room stating that the doors to the restrooms and the recreation/billiards room should never be locked.

d. The City shall complete the following modifications to the men's/women's shower within 1 year of the effective date of this Agreement:

The shower stall has the following non-compliant elements: the stall is 33 inches deep and 34 1/2 inches wide, the seat is 20 1/2 inches high, and the grab bar on the control wall is 29 1/2 inches long.

Provide a stall that is exactly 36 inches by 36 inches and that is situated such that the clear floor space outside of the shower extends 12 inches beyond the seat wall; provide a seat that is 17-19 inches above the finish floor and extends the full depth of the stall; provide a grab bar that extends the full 36 inch width of the stall. § 4.21.2, 4.21.3, 4.21.4 & Figs. 35(a), 36, 37(a).

e. The City shall complete the following modifications to the ceramics room within 1 year of the effective date of this Agreement:

The entrance to the ceramics room is 26 1/2 inches and is obstructed by cabinets. Remove the obstruction and alter the entrance so that it has a minimum clear opening of 32 inches measured from the face of the door to the opposite stop with the door open at 90 degrees. § 4.13.5 & Fig. 24.

45. The City shall complete the following alterations to the New Vistas Early Childhood Center within one year of the effective date of this Agreement:

a. Unisex Bathroom

(1) The coat hook is mounted 69 1/2 inches above the finish floor. Provide a hook that is no more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a front reach. §§ 4.25.3, 4.2.5, 4.2.6.

(2) The two mirrors are mounted so that the bottom edges of their reflecting surfaces are 50 - 51 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.

(3) The designated accessible stall contains the following non-compliant elements: the stall is 51 1/2 inches wide, the centerline of the toilet is 13 1/2 inches from the side wall; the height of the toilet is 15 inches from the finish floor to the top of the seat; the side grab bar does not extend at least 52 inches from the rear wall.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) 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, and coat hook height comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27.

46. The City shall complete the following alterations to the Salvador Perez Park within one year of the effective date of this Agreement:

a. None of the designated accessible parking spaces is identified as "van-accessible". Alter the spaces to provide at least one van-accessible parking space identified by an additional "van-accessible" sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.

b. The paved, accessible route to the playground is impeded and obscured by dirt and sand. Maintain the route so that it can be located and utilized by persons who use wheelchairs. § 4.3.2(1), 4.3.6, 4.5.1; 28 C.F.R. § 35.133.

47. The City shall complete the following alterations to Ragle Park within one year of the effective date of this Agreement:

a. There is no accessible route from the accessible parking spaces to the picnic tables and the tables themselves are not accessible to persons who use wheelchairs. Provide at least one picnic table that has a surface 28 to 34 inches above the ground with knee spaces at least 27 inches high, 30 inches wide, and 19 inches deep, and that is situated in clear ground space adjacent to an accessible route from the accessible parking spaces. §§ 4.1.2(1), 4.1.3(18), 4.3, 4.5, 4.32.

b. Women's Restroom

(1) The length of the rear grab bar is 33 1/2 inches. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted at least 12 inches from the toilet centerline, i.e., no more than 6 inches from the side wall. § 4.16.4 & Fig. 29.

(2) The far end of the side grab bar is less than 54 inches from the rear wall. Provide a side grab bar with the far end at least 54 inches from the rear wall and the near end no more than 12 inches from the rear wall. § 4.16.4 & Fig. 29.

(3) The lavatory is mounted with the bottom of the apron at 27 1/2 inches above the finish floor. Provide a lavatory with a clearance of at least 29 inches above the finish floor to the bottom of the apron and that otherwise complies with the Standards. § 4.19.2 & Fig. 31.

(4) The hot water and drain pipes beneath the lavatories are not insulated or configured to protect against contact. Install insulation on the pipes of the accessible lavatory. § 4.19.4.

(5) The mirror is mounted so that the bottom edge of the reflecting surface is 42 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.

c. Public Telephone

(1) The highest operable part (coin slot) of the telephone is 52 inches above the floor. Reposition the telephone so that the highest operable part is within reach ranges specified for a forward or a side approach. Ensure that the telephone has hearing aid compatibility, a volume control, and accompanying signage. §§ 4.1.3(17)(a), (b), 4.31.2 through 4.31.8, 4.30.7(2).

d. Men's Restroom

(1) The lavatory is mounted with the bottom of the apron at 27 1/4 inches above the finish floor. Provide a lavatory with a clearance of at least 29 inches above the finish floor to the bottom of the apron and that otherwise complies with the Standards. § 4.19.2 & Fig. 31.

48. The City shall complete the following alterations to the La Farge Library within one year of the effective date of this Agreement:

a. Some of the aisles between the stacks are 27-1/4 wide. Alter these aisles so that they are at least 36 inches wide or post a notice conspicuously in the Library that assistance is available for persons who use wheelchairs. §§ 8.5, 4.3.3.

b. The distance between the chairs and the tables on the opposite end in the reading room is 31 inches. Provide an accessible route with a minimum clear width of 36 inches. § 4.3.3 & Fig. 7(a).

c. The three designated accessible parking spaces share one reserved sign showing the symbol of accessibility located low on the adjacent wall. Install vertical signs at each accessible parking space that cannot be obscured by a vehicle parked in the space. §4.6.4.

d. Alter the designated accessible parking spaces to provide at least one "van accessible" parking space that is 96 inches wide and served by an access aisle at least 96 inches wide and identified by an additional van accessible sign mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.

e. Public Telephone

(1) The highest operable part (coin slot) of the telephone is 60 inches above the floor. Reposition the telephone so that the highest operable part is within the reach ranges specified for a forward or a side reach. Ensure that the telephone has hearing aid compatibility, a volume control, and accompanying signage. §§ 4.1.3(17)(a), (b), 4.31.2 through 4.31.8, 4.30.7(2).

f. Women's Restroom

(1) The force required to open the door to the women's toilet room is 14 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. §§ 4.22.2, 4.13.11(20(b).

(2) The hot water and drain pipes beneath the lavatories are not insulated or configured to protect against contact. Install insulation on the pipes of the accessible lavatory. § 4.19.4.

(3) The rear grab bar is mounted at 10 ½ inches from the side wall. Provide a rear grab bar that is at least 36 inches long and the begins no more than 6 inches from the side wall. § 4.17.6 & Fig. 30(a), (c).

(4) The door to the designated accessible stall has twist hardware. Replace it with hardware that is operable with one hand and that does not require tight grasping, pinching or twisting of the wrist to operate. §§ 4.17.5, 4.13.9.

g. Men's Restroom

(1) The force required to open the door to the men's toilet room is 14 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. §§ 4.22.2, 4.13.11(2)(b).

(2) The distance between the accessible toilet stall door and the opposite wall is less than 42 inches. Provide a 42 inch minimum width between the accessible stall door and the closest obstruction. § 4.17.5 & Fig. 30(a).

(3) The designated accessible stall has the following non-compliant elements: the stall is 40 inches wide, the stall door has twist hardware, there is no rear grab bar.

Provide a "standard" accessible toilet stall at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall mounted) 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, and coat hook height comply with the Standards. §§ 4.13, 4.22.4, 4.16, 4.17 & Fig. 30 (a), (c), (d), 4.26, 4.27.

49. The City shall complete the following alterations to the Animal Control Office within one year of the effective date of this Agreement:

a. The entrance door has twist hardware. Replace it with hardware that is operable with one hand and does not require tight grasping, pinching or twisting of the wrist to operate. § 4.13.9.

50. The City shall complete the following alteration to the Antonio C. Roybal Building (Parks & Recreation Administration Building) within 6 months of the effective date of this Agreement:

a. The designated accessible parking space is not identified as "van-accessible," is not served by an adjacent access aisle that complies with the Standards, and the sign can be obscured by a vehicle parked in the space. Alter the designated accessible parking space so that it is served by an access aisle at least 96 inches wide and the parking space is identified by an additional van-accessible sign mounted below the symbol of accessibility, and the sign is at a height that cannot be obscured by a vehicle parked in the space. §§ 4.1.2(5)(b), 4.6.4.

51. The City shall complete the following alteration to the Street Cut Permit Office within 6 months of the effective date of this Agreement:

a. The force required to open the door to this office exceeds 5 pounds. Adjust the door so that the force required to open the door is no more than 5 pounds. § 4.13.11(2)(b).

52. Because the Pasatiempo Senior Citizen Center is located in a facility owned by the Department of Housing & Urban Development (HUD), the City shall request, in writing, that HUD undertake the following actions within one year of the effective date of this Agreement:

a. Men's and Women's Restroom

(1) The mirror in each room is mounted so that the bottom edge of the reflecting surface is 42 inches above the finish floor. Provide a mirror mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finish floor. § 4.19.6.

b. The highest operable part (coin slot) of the telephone is 55 1/2 inches above the floor. Reposition the telephone so that the highest operable part is within reach ranges specified for a forward or a side reach. The telephone will have hearing aid compatibility, volume control, and accompanying signage. §§ 4.1.3(17)(a), (b), 4.31.2 through 4.31.8, 4.30.7(2).

IMPLEMENTATION AND ENFORCEMENT

53. The City understands and acknowledges that any new construction or future alterations made to existing facilities must be in compliance with the Standards.

54. The City will ensure that any City owned facilities currently closed and scheduled to be reopened, are accessible before reopening.

55. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include photographs, architectural plans, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

56. If at any time the City 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 shall not be unreasonably withheld or delayed.

57. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the City 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 City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce § 504 of the Rehabilitation Act.

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

59. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or it may initiate appropriate steps to enforce § 504 of the Rehabilitation Act.

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

61. 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, shall 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 City's continuing responsibility to comply with all aspects of the ADA.

62. The effective date of this Agreement is the date of the last signature below. This Agreement will remain in effect for two years after the final deadline set forth in this Agreement.

63. In any instance where this Agreement requires that notice be given or progress reports provided to any or both of the Parties, such notice or reports shall be provided in writing, sent via certified or registered U.S. Mail, return receipt requested, to the following individual[s] in their capacities as representatives of the Parties to this Agreement:

64. This Agreement may be executed in several counterparts, each of which shall be an original and shall constitute one and the same instrument. All exhibits hereto are hereby incorporated by specific reference into this Agreement, and their terms are made a part of this Agreement as though fully recited herein.

65. The person signing for the City of Santa Fe represents that he is authorized to bind the City to this Agreement.

For the City:	For the United States:
________________________ MAYOR Larry A. Delgado City of Santa Fe P.O. Box 909 Santa Fe, New Mexico 87504-0909           Date ______________________	WILLIAM R. YEOMANS, Acting Assistant Attorney General Civil Rights Division By:__________________________ JOHN L. WODATCH, Chief SUSAN B. REILLY, Deputy Chief JOSEPH C. RUSSO, Supervisory Attorney ZULMA SOTO, Investigator Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 Date ______________________

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Sante Fe, New Mexico (City) will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities.

The City does not discriminate on the basis of disability in its hiring or employment practices. The City will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position. The City will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the City's business. To the extent its selection criteria for employment decisions have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

The City will provide appropriate auxiliary aids and services, including qualified sign language interpreters and assistive listening devices, whenever necessary to ensure effective communication with members of the public who have hearing, sight, or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden. A person who requires an accommodation or an auxiliary aid or service to participate in a City program, service, or activity, should contact the office of _____________________ at _____________________ as far in advance as possible but no later than 48 hours before the scheduled event.

The City can be reached by teletypewriter (TTY) at __________________________ and also through the New Mexico Relay Service at 1-800-659-8331 (TTY).

Complaints that a City program, service, or activity is not accessible to persons with disabilities and complaints of disability-based discrimination against applicants for City employment or City employees should be directed to __________________________.

The City 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.

March 2001

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April 11, 2001