Attachment I – New Construction

 

Please Note: Paragraph 37 of the Settlement Agreement requires that within 12 months of the effective date of this Agreement, the County will provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

 

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

 

1.         Within 24 months of the effective date of this Agreement, the County will complete the following modifications to the Emergency Operations Center, 5735 Old Miller Trunk Hwy, Duluth, MN:

 

a.         Parking lot – Although the parking lot has a total of 35 parking spaces, only one space is designated as reserved for people with disabilities.  In addition, the sole parking space designated as reserved for people with disabilities does not have an access aisle and lacks van-accessible parking signage.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 1 standard space designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

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

 

c.         Men's and Women's Toilet Rooms with Stalls

 

i. The toilet room signs are mounted on the doors, and their centerlines are 48 inches high.  Provide a toilet room sign with raised and Braille characters for each entrance door.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

ii. No accessible mirror has been provided in either toilet rooms.  Provide a mirror in each toilet room with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

 

iii. The routes from the toilet room doors to the designated accessible toilet stall in both toilet rooms are inaccessible because the wall-mounted air dryer and paper towel dispenser protrude into the routes and are not detectable to a blind person using a cane.  Provide an accessible route at these locations such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.4.

 

iv. The lavatories in both toilet rooms are inaccessible because the bottom edge of the apron height is 28 inches above the finished floor.  Provide a lavatory in each toilet room with the top of its rim or counter 34 inches or less above the finished floor; the bottom edge of the apron at least 29 inches above the finished floor; and knee and toe clearances that comply with Fig. 31.  Standards §§ 4.1.3(11), 4.22.6, 4.19.2, Fig. 31.

 

v. The lavatories in both toilet rooms are inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

 

vi. The designated accessible toilet stalls in both toilet rooms are inaccessible because the toilet stall is only 56 inches deep in the men's toilet room and 54 inches deep in the women's toilet room.  In addition, the toilet centerline in the men's toilet room is only 17 inches from the nearest side wall.  Provide a toilet stall in both toilet rooms that is at least 60 inches wide and at least 56 inches deep for a wall-mounted toilet or at least 59 inches deep for a floor-mounted toilet, such that the centerline of the toilet is exactly 18 inches from the near side wall or partition, and there is at least 9 inches of toe clearance above the floor at the front partition if the stall is no more than 60 inches deep.  Standards §§ 4.1.3(11), 4.22.4, 4.17, Fig. 30.

 

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

 

d.         Men and Women's Locker Rooms and Shower Stalls

 

i. The shower room sign for the men's locker room is mounted on the hinge side of the entrance door, and the signs for both locker rooms lack raised letters and Braille.  Provide a locker/shower room sign for each locker room with raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

ii. The routes from the entrance door to the shower stalls in both locker rooms are inaccessible because the wall-mounted coat hooks protrude into the routes and would not be detectable to a blind person using a cane.  Provide an accessible route at these locations such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Standards §§ 4.1.2(3), 4.4.

 

iii. The shower stalls in both locker rooms are inaccessible because their shower head units are not mounted on a vertical bar and adjustable.  In addition, there is inadequate clear floor space in front of the men's locker room shower stall.  Provide a shower in each room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

 

 

2.         Within 24 months of the effective date of this Agreement, the County will complete the following modifications to the Public Works Division 5 Joint Use Maintenance Facility # 5323 (Duluth Toolhouse), 4787 Midway Road, Duluth, MN:

 

a.         Parking lot – The parking lot has approximately 150 parking spaces, with 5 designated as reserved for people with disabilities.  None are designated as being van accessible.  On the shortest accessible route to the accessible entrance, provide 1 van accessible parking space and the appropriate number of standard accessible spaces reserved for use by people with disabilities as required by the table in Standard 4.1.2(5).  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

b.         Women's Toilet Room with Stalls (without showers)

 

i. Entrance door – The toilet room sign is mounted on the door.  Provide a toilet room sign with raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

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

 

iii. No accessible mirror has been provided.  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), 4.22.6, 4.19.6.

 

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

 

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

 

c.         Men and Women's Restroom and Locker Room (with showers)

 

i. No accessible mirror has been provided in the men's restroom.  Provide a mirror in the men's restroom with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

 

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

 

iii. The rear grab bars at the toilets in both restrooms are inaccessible because the end closest to the side wall is mounted at 7 inches from the side wall in the women's restroom and 7 ½ inches from the side wall in the men's restroom.  Provide a rear grab bar in each restroom 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 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser.  Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 30.

 

iv. The showers in both restrooms are inaccessible because the shower stall dimensions are 42 inches wide and 48 inches deep, and there are no transfer seats.  Provide a shower in each restroom that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

 

v. The soap dispensers and coat hooks in both restrooms are inaccessible because they are mounted at 55 inches and 63 inches, respectively, above the finished floor.  Provide at least one soap dispenser and coat hook in each shower stall designated as being accessible with the controls or hook a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

 

vi. The benches in both locker rooms are 9 ½ inches wide and are not attached at the wall.  Provide a 24 inch by 48 inch bench in each locker room fixed to the wall along the bench's longer dimension.  Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor.  Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench.  Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

 

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

 

 

3.         Within 24 months of the effective date of this Agreement, the County will complete the following modifications to the New County Jail, 4334 Haines Road, Duluth, MN:

 

a.         Parking lot

 

i. The van accessible parking reserved for persons with disabilities lacks the required signage.  At van accessible spaces, provide a "Van-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), 4.6.4, 4.30.7(1).

 

ii. The route from the parking lot to the main entrance is inaccessible because there is a 3/4 inch change in level in the sidewalk.  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 ½ 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.

 

b.         Visitors Areas

 

i. Permanent room signs throughout all visitors areas – Signs provided throughout the visitors areas are inaccessible because they lack raised letters and Braille characters, and are not mounted on the latch side of the door 60 inches above the finished floor.  Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door.  Standards §§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

ii. Pay Telephones in the Visitors Area

 

(1) The pay telephone at the 1^st floor and 2^nd floor visitors areas are inaccessible because they lack signage containing a depiction of a telephone handset with radiating sound waves and advising the public of the availability of a TTY.  Provide signage that complies with the Standards.  Standards §§ 4.1.3(17), 4.31, 4.30.7(2).

 

(2) The pay telephone at the 2^nd floor visitors area is inaccessible because its highest operable part is 55 ½ inches above the finished floor.  Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that 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), 4.31, 4.30.7(2).

 

iii. Elevator in the Visitors Area

 

(1) The elevator is inaccessible because, although emergency communications are provided, they do not work without voice communication, and the closed compartment door hardware is not operable without tight grasping and pinching.  Provide a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device.  If the system uses a handset, ensure that the length of the cord from the panel to the handset is at least 29 inches.  If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist.  Standards §§ 4.1.3(5), 4.10.14.

 

iv. Drinking fountains in the Visitors Area

 

(1) The 1^st floor visitors area lower drinking fountain is inaccessible because its water flow is less than 4 inches above the fountain.  Provide at least one drinking fountain with a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Alternatively, provide access to this drinking fountain by such other means as would achieve the required accessibility.  Standards §§ 4.1.3(10), 4.15, 4.27.4, Fig. 27.

 

(2) The 2^nd floor visitors area lower drinking fountain has a water flow that is less than 4 inches above the fountain.  Provide at least one drinking fountain with a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high.  Alternatively, provide access to this drinking fountain by such other means as would achieve the required accessibility. Standards §§ 4.1.3(10), 4.15, 4.27.4, Fig. 27.

 

(3) The hi-lo drinking fountains on both floors are inaccessible because the high fountain protrudes into the circulation path more than 4 inches and is not detectable to a blind person using a cane.  Provide a circulation path at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles.  Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor.  Providing a cane-detectable barrier is an acceptable solution.  Standards §§ 4.1.2(3), 4.4.

 

v. Men and Women's 1^st and 2^nd floor Toilet Rooms in the Visitors Area

                                    Rooms # VTW1, VTM1, VTW2, VTM2

 

(1) The 1^st and 2^nd floor men's and women's toilet rooms are inaccessible because the pressure required to open the doors is 9 pounds.  Provide a door at each toilet room that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

 

(2) The door to the 1^st floor women's toilet room, which is accessed from the hinge side of the door, is inaccessible because it has only 5 ½ inches clearance on the pull side.  On the pull side of the door, provide a path of travel at least 60 inches wide when the approach is a side approach from the hinge side and there is a minimum of 36 inches to the latch side of the door, OR provide a path of travel between 54 inches and 59 inches wide when the approach is a side approach from the hinge side and there is a minimum of 42 inches to the latch side of the door.  Alternatively, provide an automatic door opener or another method that ensures equal or greater access.  Standards §§ 4.1.3(7)(b), 4.13.6, Fig. 25(b).

 

(3) No accessible mirror has been provided in the 1^st and 2^nd floor men and women's toilet rooms.  Provide a mirror in each toilet room with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

 

(4) The sanitary napkin dispenser in the 2^nd floor women's toilet room is inaccessible because the controls are mounted at 55 inches above the finished floor over an obstruction.  Provide a sanitary napkin dispenser in each of these toilet rooms with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

(5) The urinals in the 1^st and 2^nd floor men's toilet rooms are inaccessible because their rim height is 20 inches above the finished floor, and their flush control height is 47 inches above the finished floor.  Provide a urinal in each of these toilet rooms with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor.  Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

 

(6) The toilets in the 1^st floor men and women's toilet rooms are inaccessible because the top of the seats are 20 inches above the finished floor.  Provide a toilet in each of these toilet rooms with a seat that measures 17 to 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.4, 4.16.3, 4.17.2, Fig. 30(d).

 

(7) The toilets in the 1^st and 2^nd floor women's toilet rooms inaccessible because the flush control is on the closed side.  In each of these toilet rooms, provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

 

c.         Intake Area

 

i. Intake Cell # I101

 

(1) There are no grab bars at the toilet.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bars and the wall; and at least 1½ inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser.  Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

 

(2) The toilet is inaccessible because its centerline measures 20 inches from the side wall.  Provide a toilet with a centerline that measures 18 inches from the near side wall.  Standards §§ 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.^[1]

 

ii. Intake Shower and Dressing Area

 

(1) The showers in the intake area are inaccessible because the stall dimensions are 40 inches wide by 60 inches deep, lack a transfer seat, and do not have grab bars.  Provide a shower in this area that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening; OR a shower that is exactly 36 inches wide and at least 60 inches deep with a fold-down seat and no curb or threshold.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37, 57(b).

 

(2) No accessible mirror has been provided.  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), 4.22.6, 4.19.6.

 

(3) The bench in the intake dressing area is inaccessible because its length is 36 inches.  If a bench is provided, provide a 24 inch by 48 inch bench fixed to the wall along the bench's longer dimension.  Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor.  Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench.  Standards §§ 4.1.3(21), 4.35.4, 4.26.3.

 

d.         Employees-only unisex toilet room on the 1^st floor – Room T1ST

 

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

 

ii. No accessible mirror has been provided.  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), 4.22.6, 4.19.6.

 

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

 

e.         Sigma Pod (Maximum-security area)

 

i. Accessible cell toilet area – There are no grab bars at the toilet.  Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall, and a side grab bar that is at least 42 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall.  Ensure that the grab bars are mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bars and the wall; and at least 1½ inches between the grab bars and any other object, such as a toilet paper dispenser or a toilet seat cover dispenser.  Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

 

ii. Shower area – The shower for the Sigma Pod is inaccessible because its stall dimensions do not comply with the Standards and it does not have grab bars.  Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening; OR a shower that is exactly 36 inches wide and at least 60 inches deep with an optional fold-down seat and no curb or threshold.  Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable.  Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37, 57(b).

 

f.          Programs Area

 

i. Employees-only unisex toilet room

 

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

 

(2) No accessible mirror has been provided.  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), 4.22.6, 4.19.6.

 

(3) The paper towel dispenser is inaccessible because the controls are mounted at 54 inches above the finished floor, and a front approach is required.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

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

 

ii. Men and Women's single-user toilet rooms

 

(1) The toilet room signs do not have raised and Braille characters, and is not mounted on the latch side of the door.  Provide a sign for each toilet room with raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

(2) The paper towel dispensers in both toilet rooms are inaccessible because the controls are mounted at 63 (men's toilet room) and 62 (women's toilet room) inches above the finished floor, and a front approach is required.  Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

(3) In the men's toilet room, the toilet is inaccessible because the flush control is on the closed side.  Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

 

 

4.         Within one year of the effective date of this Agreement, the County will complete the following modifications to the Virginia Communications Office, 7823 Highway 135 East, Virginia, MN:

 

a.         Parking lot – Although the parking lot has a total of 33 parking spaces, only one is designated as being accessible to people with disabilities, the space is not demarcated, and there is no access aisle.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 1 standard space designated as reserved for people with disabilities.  Ensure that standard accessible spaces are a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

 

b.         Men and Women's Single-User Toilet Rooms

 

i. The toilet room signs are not mounted on the latch side of the doors.  Provide a toilet room sign for each toilet room with raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

ii. The toilet room doors are inaccessible because the pressure required to open the doors is 12 pounds.  Provide a door for each toilet room that requires no more than 5 pounds of force to open.  Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

 

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

 

 

5.         Within one year of the effective date of this Agreement, the County will complete the following modifications to the Virginia Regional Landfill Maintenance / Office, 7831 Highway 135 East, Virginia, MN:

 

a.         Exterior entrance door – The main entrance door 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 §§ 4.1.3(7)(b), 4.13.9.

 

b.         Men and Women's Single-User Toilet Rooms

 

i. No accessible mirror has been provided in either toilet room.  Provide a mirror in each toilet room with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

 

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

 

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

 

 

6.         Within 24 months of the effective date of this Agreement, the County will complete the following modifications to the Virginia Household Hazardous Waste Facility, 7831 Highway 135 East, Virginia, MN:

 

a.         Parking lot – Although the parking lot has a total of 6 parking spaces, with one space designated as being reserved for people with disabilities, an inadequate number are van accessible.  In addition, the designated accessible parking space does not have an access aisle, required signage, or pavement markings.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

 

b.         Exterior entrance door (side) – The door to the side exterior entrance, which is accessed through a front approach, is inaccessible because it has inadequate clearance on the pull side of the door.  On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door.  Standards §§ 4.1.3(7)(b), 4.13.6, Fig. 25(a).

 

c.         Unisex Toilet Room

 

i. The toilet room sign is inaccessible.  Provide a toilet room sign with raised letters and Braille.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

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

 

iii. The toilet is inaccessible because its centerline is 15 inches from the side wall.  Provide a toilet with a centerline that is 18 inches from the near side wall.  Standards §§ 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.

 

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

 

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

 

 

7.         Within 24 months of the effective date of this Agreement, the County will complete the following modifications to the Land Department – Ely Office, 35 North 3^rd Avenue West, Ely, MN:

 

a.         Parking lot – Although the parking lot has a total of 5 parking spaces with one space designated as being reserved for people with disabilities, the signage for the designated accessible parking space can be obstructed by a vehicle parked in the space, and there are no van accessible spaces.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

 

b.         Counter – The counter at the office is inaccessible because its surface is 40 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

 

c.         Men and Women's Single-User Toilet Rooms

 

i. The toilet room signs for both toilet rooms are mounted on the door.  Provide a toilet room sign with raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

ii. No accessible mirror has been provided in either toilet room.  Provide a mirror in each toilet room with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

 

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

 

 

8.         Within 24 months of the effective date of this Agreement, the County will complete the following modifications to the Land Department – Cook Office, 1817 Highway 53, Cook, MN:

 

a.         Parking Lot

 

i. Although the parking lot has a total of 10 parking spaces with one space designated as being reserved for people with disabilities, the signage for the designated accessible parking space can be obstructed by a vehicle parked in the space, and no van accessible spaces are provided.  On the shortest accessible route to the accessible entrance, provide 1 van accessible space a minimum of 96 inches wide, served by access aisles at least 96 inches wide, with vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles, and with an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

 

ii. The route from the parking lot to the main entrance is inaccessible because there are changes in level in the sidewalk greater than ½ inch.  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 ½ 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.

 

b.         Counter – The counter at the office is inaccessible because its surface is 42 inches above the finished floor.  Provide a counter on an accessible route such that a portion of the counter is at least 36 inches wide and no more than 36 inches above the finished floor, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation.   Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means.  Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

 

c.         Men and Women's Single-User Toilet Rooms

 

i. The toilet room sign for both toilet rooms are mounted on the door.  Provide a sign for both toilet rooms with raised and Braille characters.  The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing.  Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

 

ii. No accessible mirror has been provided in either toilet room.  Provide a mirror in both toilet rooms with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

 

iii. The soap dispensers in both toilet rooms are inaccessible because the controls are mounted at 50 inches above the finished floor and require a front approach.  Provide a soap dispenser in both toilet rooms with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

iv. The paper towel dispenser in the women's toilet room is inaccessible because the controls are mounted at 50 inches above the finished floor and require a front approach.  Provide a paper towel dispenser in the women's toilet room with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.  Standards §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

 

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

 

vi. The side grab bars at the toilet in both toilet rooms are inaccessible because they are mounted 29 inches above the finished floor.  Provide grab bars that are mounted between 33 and 36 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.4, 4.16.4, Fig. 29.