Transition Plan Americans with Disabilities Act for Outagamie County Justice Center Appleton, Wisconsin July 30, 1996 Prepared by Carl J. Scott, Architect 601 West College Avenue Suite 3 Appleton, WI 54911 01-07717 FINAL DRAFT SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OUTAGAMIE COUNTY, WISCONSIN Department of Justice Complaint No. 204-85-40 This Settlement Agreement (the "Agreement") is entered into by Outagamie County, Wisconsin (the "County") and the United States of America, through the United States Department of Justice, Civil Rights Division, Disability Rights Section ("the Department"). This matter was initiated by a complaint filed with the Department under title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. SS 12131-12134. The complaint alleged that the Outagamie County Justice Center (the "Justice Center") is inaccessible to individuals with mobility impairments. The Department is authorized under 28 C.F.R. Part 35 to investigate this complaint to determine whether Outagamie County has complied with title II of the ADA. The Department is authorized to investigate the facts, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Department is authorized to bring a civil action enforcing title II of the ADA should it fail to secure a voluntary compliance agreement. After receiving notice of the complaint, Outagamie County completed a transition plan as required by 28 C.F.R. 35.150(d) (the transition plan is dated July 30, 1996; Part 2 of the transition plan, containing the recommendations for renovations, and Part 4 of the transition plan, containing maps and floor plans, are attached as Exhibit A). The County has completed renovations to the Justice Center that address the specific allegations in Department of Justice Complaint No. 204- 85-40: namely, installing equipment that reduced the door opening force on the public entrance and exit doors to the Justice Center and renovating Branch VI to accommodate wheelchair seating by removing a thirty-six inch portion of the front bench designed for seating for observers. The County has also allocated money in its fiscal year 1997 budget to complete additional recommendations in the transition plan. In addition to the two alterations mentioned above, the transition plan includes, among other things, assistive listening systems for the courtrooms; accessible restrooms; and new hardware to ensure that doors are accessible. The Department does not endorse the transition plan, but to avoid the expense and burden of litigation the Department will agree to settle this matter based on the recommendations in the transition plan, along with the modifications specifically noted in this Settlement Agreement. 01-07718 Because Outagamie County and the United States desire to settle this matter without resort to litigation, the parties agree to the following voluntary compliance agreement: 1. In consideration for Outagamie County's performance of its obligations under this Agreement, the Department agrees to refrain from undertaking further investigation of Department of Justice Complaint No. 204-85-40 or from filing a civil suit arising from Department of Justice Complaint No. 204-85-40. 2. Outagamie County agrees to implement all recommendations included in the transition plan except for the following: (a) With regard to recommendation numbers 25 (page 18), 32 (page 19), 38 (page 20), and 43 (page 21), one space will be designated for a person who uses a wheelchair, rather than two spaces. Outagamie County agrees that if more than one individual who uses a wheelchair chooses to attend a legal proceeding that is held in a courtroom on the second floor other than Branch VII, the County shall relocate the proceeding to Branch VII. (b) Recommendation numbers 18 and 19 (page 9), 26 (page 10), 15 and 19 (page 17), 22 and 26 (page 18), 29 (page 19), 35 (page 20), 41 (page 21), 46 (page 22), and 52 (page 23) are not required. (c) With regard to recommendation numbers 3 and 5 (page 31), one of the shower facilities must be provided with grab bars to ensure accessibility for people with disabilities. (d) With regard to recommendation number 9 (page 32), the shower facility must be provided with grab bars to ensure accessibility for people with disabilities. (e) With regard to recommendation number 1 (page 33), one of the shower facilities must be provided with grab bars to ensure accessibility for people with disabilities. (f) With regard to recommendation number 1 (page 34), one of the shower facilities must be provided with grab bars to ensure accessibility for people with disabilities. (g) With regard to recommendation number 74 (page 30), permanent assistive listening systems shall be installed in each courtroom on the second floor rather than a portable device shared among the courtrooms. 01-07719 (h) Only the operational change in recommendation number 60 (page 26) is required. Outagamie County agrees that all renovations will be completed by December 31, 1997. 3. Outagamie County agrees to prepare a self-evaluation report, as required by 28 C.F.R. S 35.105. The County agrees to: (a) evaluate all services, programs, and activities that take place within the Justice Center, and (b) determine whether any are not readily accessible to and usable by individuals with disabilities, as required by 28 C.F.R. S 35.150. If the County determines that any service, program, or activity is not accessible to and usable by individuals with disabilities, it shall identify both an interim and a permanent modification to make the service, program, or activity accessible. 4. In preparing the self-evaluation report, Outagamie County shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate by submitting comments. 5. Outagamie County agrees to submit the self-evaluation report to the Department within 120 days of the date the Department signs this Agreement. The Department agrees to either accept or reject the self-evaluation report. If the Department rejects the self-evaluation report, it shall identify revisions that would make the report acceptable. If Outagamie County does not state, in writing, within thirty days of receiving the Department's revisions, that it accepts the revisions, the Department may re-open the investigation of Department of Justice Complaint No. 204-85-40 with respect to the matters covered by the self-evaluation report and 28 C.F.R. S 35.105. 6. Outagamie County agrees that all interim steps proposed in the self-evaluation report will be implemented within thirty days of receiving the Department's acceptance of the self- evaluation report or within 30 days of the County's acceptance of the Department's revisions. Outagamie County agrees that all permanent steps proposed in the self-evaluation report will be implemented within 180 days of receiving the Department's acceptance of the self-evaluation report. 01-07720 7. No later than the 180th day after receiving the Department's acceptance of the self-evaluation report, Outagamie County agrees to submit to the Department a final report on compliance with the ADA in the Justice Center, including a specific description of each renovation and confirming the completion of each renovation. 8. If Outagamie County desires to modify any portion of the self-evaluation report or the transition plan because the County contends that changed conditions make performance impossible or impracticable, it shall notify the Department in writing, setting forth the facts and circumstances thought to justify the modification. Outagamie County must also provide a proposed alternative provision. The proposed modification is not effective unless and until the Department approves it in writing. 9. Outagamie County agrees to post a copy of the notice contained in Exhibit B in all places where notices to the public, employees, and job applicants are normally posted. The notice will be posted within ten days from the date that the Department signs this Agreement and will remain posted for one year thereafter. 10. Outagamie County agrees to designate one or more employee(s) as an ADA Compliance Coordinator(s). The ADA Compliance Coordinator(s) will work with people with disabilities who need to use the County's programs and services. Within thirty days of the date the Department signs this Agreement, the County agrees that its ADA Compliance Coordinator(s) will: (a) attend a seminar concerning a public entity's obligations under title II of the ADA; or (b) view an educational videotape concerning a public entity's obligations under title II of the ADA. If the entity elects this option, the educational videotape will be specified by the Department and the Department will give the County instructions on how to obtain a copy of the videotape. 11. Outagamie County agrees that the ADA Compliance Coordinator(s) will distribute a copy of the document contained in Exhibit C to all County employees in the Judicial Center. 01-07721 12. In the event that Outagamie County fails to comply in a timely manner with any provision of this Agreement, or with any provision of the self-evaluation report or the transition plan, without obtaining the Department's advance approval (as provided for in Paragraph 7), the Department may either: (a) notify Outagamie County that the Settlement Agreement is no longer operative and may re-open the investigation of Department of Justice Complaint No. 204-85-40; or, (b) institute a civil action seeking to have the terms of this Agreement, the self-evaluation report and the transition plan enforced in the appropriate federal court. 13. Outagamie County agrees that the Department may review compliance with this Agreement, the self-evaluation report or the transition plan at any time. 14. The parties agree that this Agreement is neither an admission by Outagamie County of any violation of the ADA, nor an admission by the Department of the merits of any of Outagamie County's potential defenses. 15. Outagamie County agrees that it will not discriminate or retaliate against any person because of his/her participation in this matter. 16. This Agreement is a public document. A copy of this Agreement, along with the self-evaluation report and the transition plan, shall be made available to any person on request. 17. This Agreement does not purport to remedy any other potential violations of the ADA or any other law. This Agreement does not affect Outagamie County's continuing responsibility to comply with all aspects of the ADA. 18. The individuals signing this Agreement represent that they are authorized to bind the parties to this Agreement. 19. Failure by the Department of Justice to enforce the entire Agreement with regard to any deadline or any other provision of the Agreement, shall not be construed as a waiver of its right to enforce other deadlines or provisions of the Agreement. 01-07722 20. This Agreement constitutes the entire agreement between the parties relating to Department of Justice Complaint No. 204- 85-40, 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 Agreement, shall be enforceable. For Outagamie County: For the United States: JOSEPH P. GUIDOTE JOHN L. WODATCH, Chief Corporation Counsel L. IRENE BOWEN, Deputy Chief Outagamie County DANIEL W. SUTHERLAND, Attorney 410 S. Walnut St. Disability Rights Section Appleton, Wisconsin Civil Rights Division 54911 U.S. Department of Justice P.O. Box 66118 Washington, D.C. 20035-6118 Date 01-07723 EXHIBIT A 01-07724 Table of Contents 1 Introduction 2 Barrier Identification/Transition Plan Report *Site Parking *Ground Floor *First Floor *Second Floor *Third Floor *Fourth Floor/Mezzanine *Fifth Floor/Mezzanine *Exit Stairs *Transition Plan Schedule Legend 3 Summary 4 Appendices *ADA Accessibility Guidelines for Buildings & Facilities *Cost Estimate Basis *Facility Plans 5 AVERY READY INDEX INDEXING SYSTEM 01-07725 Location: Public Parking Lot (North Area) Key Barriers ADA Criteria 1 (2) disabled stalls missing signs ADAAG A4.6.4 Options RA Cost Sched Install (2) disabled signs * $300 WIP Transition Plan -2- 01-07726 Location: Sheriff's Parking Lot Key Barriers ADA Criteria 1 No disabled parking stalls ADAAG4.1.2(5)(a) A4.6.4 provided 2 1/12 ramp does not have ADAAG 4.8.5(1), 4.8.5(2), handrails on sides 4.8.5(4) 3 Door has round knob and closer ADAAG 4.13.8, 4.13.11 pull pressure exceeding 8 lbs. 4 Inmate work release sign ADAAG 4.1.2(7) 4.30.4 mounted 60" above ramp; no brailled identification provided 5 Public entry/exit doors have ADAAG 4.13.10, 4.13.11 closers that require 15 lbs. of push/pull force to open 6 Exit/restricted entry door with ADAAG 4.13.8, 4.13.11 round door knob and closer that requires 10 lbs. of push/pull force to open Options RA Cost Sched Provide 3 universal-sized * $1,050 A disabled stalls with signs Provide continuous 1 1/2" * $2,450 A diameter handrail mounted 34" above ramp on each side (70 L.F.) Provide lever door handle and * $250 A adjust closer to 8 lbs. force Provide new sign with brailled * $95 A characters Provide (8) delayed action door * $1,200 WIP closers with 8 lbs. max. push/ pull force Provide lever door handle and * $250 A adjust closer to 8 lbs. force Transition Plan -3- 01-07727 Location: Ground Floor Level (Public Areas) Key Barriers ADA Criteria 1 Door to Exit Corridor #G-007 ADAAG 4.13.8 has round door knob 2 Door to Sheriff's Reception ADAAG 4.13.8, 4.13.11 #G-082 has round door knob and closer pull pressure exceeds 5 lbs. 3 Door closers at doors to Break ADAAG 4.13.11 Room #G-068 exceed 5 lbs. 4 Application tray mounted at ADAAG 4.2.5 62" A.F.F. 5 Door closers at Men's/Women's ADAAG 4.13.11 restrooms require 8 lbs. of force 6 Sanitary napkin dispenser ADAAG 4.27 requires twisting action 7 Door from Sheriff's Reception ADAAG 4.13.8, 4.13.11 #G-082 to Office #G-021 has round door knob and closer exceeds 5 lbs. 8 Door closer at south door of ADAAG 4.13.11 Meeting Room #G-018 exceeds 5 lbs. 9 (2) Door closers at Squad ADAAG 4.13.11 Room #G-040 exceed 5 lbs. 10 (2) Door closers at Office Area ADAAG 4.13.11 #G-014 exceed 5 lbs. Provide lever handle * $225 A Provide lever handle and adjust * $250 A closer to 5 lbs. max. Adjust (2) closers to 5 lbs. * $50 A* max.Lower tray to 48" A.F.F. * $35 A Adjust closer to 5 lbs. max. * $25 A* Replace hardware on dispenser * $75 A Assign staff to open * $0 B Adjust closer to 5 lbs. max. * $25 A* Adjust closers to 5 lbs. max. * $50 A* Adjust closers to 5 lbs. max. * $50 A* Transition Plan -4- 01-07728 Location: Ground Floor Level (Public Areas) Key Barriers ADA Criteria 11 Door closer at Fitness Room ADAAG 4.13.11 #G-004 exceeds 5 lbs. 12 Door closer at Communications ADAAG 4.13.11 Center exceeds 5 lbs. 13 (5) Door closers at Men's/ ADAAG 4.13.11 Women's restrooms and Locker Rooms exceed 5 lbs. 14 Office/Meeting Rooms have ADAAG 4.13.8 round door knobs 15 Public telephone does not have ADAAG 4.31.5 volume control 16 No sign indicating location of ADAAG 4.30.7 Text Telephone Device (TTD) 17 Pass-thru counter at Waiting ADAAG 7.2 Room #G-082 is 39 3/4" A.F.F. Options RA Cost Sched Adjust closer to 5 lbs. max. * $25 A* Adjust closer to 5 lbs. max. * $25 A* Adjust closers to 5 lbs. max. * $125 A* Change to lever handle type * $0 C during maintenance replacement schedule or replace on demand of disabled employee(s) Provide telephone with volume * $80 A control Provide engraved sign (with * $125 A brailled), mounted at right side of telephone unit, indicating TTD is available at Clerk of Courts office Assign personnel to assist * $0 B disabled persons on Waiting Room Side Transition Plan -5- 01-07729 Location: First Floor (Public Areas) Key Barriers ADA Criteria 1 Metal scan device has 30" clear ADAAG4.13.5 opening 2 Public telephone has 26 1/4" ADAAG 4.31.2 clearance below shelf 3 Public telephone does not have ADAAG 4.31.5 volume control 4 Text Telephone Device (TTD) ADAAG 4.30.7 sign is unreadable 5 Sanitary napkin dispenser ADAAG 4.27 requires twisting action 6 Doors to Men's/Women's ADAAG 4.13.11 restrooms have closers requiring 8-10 lbs. of force to open 7 After hours East Entry has ADAAG 4.13.8,4.13.11 round door knobs and closers requiring 10 lbs. of force to open Options RA Cost Sched Security personnel to push * $0 B wheelchair thru device Raise telephone unit to provide * $460 D 27" clearance Provide telephone with volume * $80 A control Provide engraved sign (with * $125 A brailled), mounted at right side of telephone unit, indicating TTD is available at Clerk of Courts office Replace hardware on dispenser * $75 A Adjust closers to 5 lbs. max. * $50 A* Provide lever handles and * $350 A adjust closers to 5 lbs. max. at interior and 8 lbs. max. at exterior Transition Plan -6- 01-07730 Location: First Floor (Clerk of Courts) Key Barriers ADA Criteria 8 Entry doors have closers ADAAG 4.13.11 requiring 8 lbs. of force to open 9 Office/misc. room doors have ADAAG 4.13.8 round door knobs Options RA Cost Sched Adjust closers to 5lbs. max. * $50 A* Change to lever handle type * $0 C during maintenance replacement schedule or replace on demand of disabled employee(s) Transition Plan -7- 01-07731 Location: First Floor (Sheriff's Department) Key Barriers ADA Criteria 10 (2) Entry doors at Waiting ADAAG 4.13.11 Room #1007A have closers requiring 8-10 lbs. of force to open 11 Door from Waiting Room ADAAG 4.13.8, 4.13.11 #1007A to Room #1007B has round door knob and closer requiring 8 lbs. of force to open 12 Door to Computer Room has ADAAG 4.13.8, 4.13.11 round door knob and closer requiring 8 lbs. of force to open 13 Offices and Conference Room ADAAG 4.13.8 have round door knobs 14 Pass-thru counter at Waiting ADAAG 7.2 Room #1007A is 40" A.F.F. Options RA Cost Sched Adjust closers to 5 lbs. max. * $50 A* Assign staff to open * $0 B Change to lever handle type * $0 C during maintenance replacement schedule or replace as needed Change to lever handle types * $0 C during maintenance replacement schedule or replace as needed Assign personnel to assist * $0 B disabled persons on Waiting Room Side Transition Plan -8- 01-07732 Location: First Floor (Family Court) Key Barriers ADA Criteria 15 Entry door to Waiting Room ADAAG 4.13.8, 4.13.11 #1043A has round door knob and closer requiring 8 lbs. of force to open 16 Door to Court Room #1042 has ADAAG 4.13.11 closer requiring 8 lbs. of force to open 17 Entry Door to Office #1043 has ADAAG 4.13.8, 4.13.11 round door knob and closer requiring 8 lbs. of force to open 18 Judge's Bench, Clerk's Station, ADAAG 4.3.8 and Witness Stand are raised 19 Witness Stand opening is 27 1/2" ADAAG 4.13.5 wide 20 Doors to Office #1039 have ADAAG 4.13.8 round door knobs 21 No headset system for hearing ADAAG A4.33.6 impaired 22 Pass-thru counter at Waiting ADAAG 7.2 Room #1043A is 42" A.F.F. Options RA Cost Sched Provide lever handle and adjust * $250 A closer to 5 lbs. max. Adjust closer to 5 lbs. max. * $25 A* Assign staff to open * $0 B Provide portable wheelchair * $10,000 A platform lift Modify to provide 32" clear * $225 A opening Assign staff to open * $0 B Provide assistive listening * $1,725 E device(to be shared with Court Commissioner) Assign personnel to assist * $0 B disabled persons on Waiting Room Side Transition Plan -9- 01-07733 Location: First Floor (Court Commissioner Court Room) Key Barriers ADA Criteria 23 Entry doors to Court Room ADAAG 4.13.11 require 8-10 lbs. of force to open 24 No assigned area for ADAAG 4.1.3(19) wheelchairs in Spectator Gallery 25 Half door at Bar Wall provides ADAAG 4.13.5 30" clear opening 26 Judge's Bench and Clerk's ADAAG 4.3.8 Station are raised above main floor 27 2x6 handrail at Judge's Stair ADAAG 4.9.4 28 Access doors from corridors ADAAG 4.9.4 and Judge's Chambers have round door knobs 29 Door to Conference Room ADAAG 4.13.8 #1060 has round door knob 30 Door to Attorney Room #67 ADAAG 4.13.8 has round door knob 31 Exit Door has round door knob ADA AG 4.13.8, 4.13.11 and closer requiring 8 lbs. of force to open Options RA Cost Sched Adjust closers to 5 lbs. max. * $50 A* Provide (4) spaces and reserved * $1,000 A sign Remove door to provide 32" * $50 A* clear opening Provide portable wheelchair * $0 C* platform lift Provide new handrails at each * $0 C side as needed Assign staff to open doors * $0 B Provide lever handle * $225 A Assign staff to open * $0 B Assign staff to open * $0 B Transition Plan -10- 01-07734 Location: First Floor (Court Commissioner's Chambers) Key Barriers ADA Criteria 32 Door to Conference Room ADAAG 4.13.8 #1060A has round door knob 33 Door to Waiting Area #1049 ADAAG 4.13.8, 4.13.11 has round door knob and closer requiring 8 lbs. of force to open 34 Door between Office #1061 ADAAG 4.13.8 and Court Room has round door knob 35 Doors at Office #1051 have ADAAG 4.13.8 round door knobs Options RA Cost Sched Provide lever handle * $225 A Provide lever handle and adjust * $250 A closer to 5 lbs. max. Assign staff to open * $0 C Assign staff to open * $0 C Transition Plan -11- 01-07735 Location: First Floor (Court Commissioner's Offices) Key Barriers ADA Criteria 36 Service counter at Room #1049 ADAAG 7.2 is 41 1/2" A.F.F. Options RA Cost Sched Assign personnel to assist * $0 B disabled persons on public side of counter Transition Plan -12- 01-07736 Location: First Floor (District Attorney's Offices) Key Barriers ADA Criteria 37 (2) Doors at Waiting Room ADAAG 4.13.8, 4.13.11 #1003 have round door knobs and closers that require 8-10 lbs. of force to open 38 (3) Doors at Witness/Office ADAAG 4.13.8 #1011 have round door knobs 39 Offices/Conference Room and ADAAG 4.13.8 Library doors have round door knobs 40 Pass-thru counter at Waiting ADAAG 7.2 Room #1003 is 41" A.F.F. Options RA Cost Sched Provide lever handles and * $500 A adjust closers to 5 lbs. max. Assign staff to open * $0 B Change to lever handle types * $0 C during maintenance replacement schedule or replace as needed Assign personnel to assist * $0 B disabled persons on Waiting Room side Transition Plan -13- 01-07737 Location: First Floor (Probate Office) Key Barriers ADA Criteria 41 Entry door to Probate Office ADAAG 4.13.8, 4.13.11 #1004 has round door knob and closer requiring 8-10 lbs. of force to open 42 Entry door to Office #1004A ADAAG 4.13.8 has round door knob Options RA Cost Sched Provide lever handle and adjust * $250 A closer to 5 lbs. max. Assign staff to open * $0 B Transition Plan -14- 01-07738 Location: Second Floor (Public Areas) Key Barriers ADA Criteria 1 (2) Wheelchair accessible water ADAAG 4.15 coolers are provided; spout 50% of water coolers shall be mounting height is 35 1/2". One wheelchair accessible and 50% needs to be mounted higher for shall be at higher level persons with back disabilities. 2 (1) Law Library, (3) ADAAG 4.1.3(16) Conference Rooms, and (1) Permanent room signs shall accordance Security Office signs are not have brailled identification brailled marked 3 Metal partition door at ADAAG 4.17.5 accessible Men's toilet stall provides 30" clear opening 4 36" long grab bars at accessible ADAAG 4.17.6 Men's toilet stall 5 Door to Men's Toilet Room has ADAAG 4.13.8, 4.13.11 round door knob and closer push/pull pressure exceeds 5 lbs. 6 Metal partition door at ADAAG 4.17.5 accessible Women's toilet stall provides 30" clear opening 7 36" long grab bars at accessible ADAAG 4.17.6 Women's toilet stall 8 Sanitary napkin dispenser ADAAG 4.27 requires twisting action Options RA Cost Sched Install a spout extension * $200 A Provide brailled characters in * $250 A accordance with ADAAG 4.30.4 Provide new door and modify * $575 A partition to provide 32" clear opening Provide (2) new 3'6" long grab * $350 A bars Provide lever door handle and * $250 A adjust closer to 5 lbs. max. Provide new door and modify * $575 A partition to provide 32" clear opening Provide (2) new 3'6" long grab * $350 A bars Replace hardware on dispenser * $75 A Transition Plan -15- 01-07739 Location: Second Floor (Public Areas) Key Barriers ADA Criteria 9 Door to Women's Toilet Room ADAAG 4.13.8, 4.13.11 has round door knob and closer push/pull pressure exceeds 5 lbs. 10 Access doors to Law Library ADAAG 4.13.11 have closers that require 80-10 lbs. of force to open 11 Public telephones do not have ADAAG 4.31.5 volume controls 12 No sign indicating location of ADAAG 4.30.7 Text Telephone Device (TTD) Options RA Cost Sched Provide lever door handle and * $250 A adjust closer to 5 lbs. max. Adjust (2) closers to 5 lbs. * $50 A* max. force Provide telephones with volume * $80 A control Provide engraved sign (with * $125 A brailled) mounted at right side of telephone bank, indicating TTD is available at Clerk of Courts Office Transition Plan -16- 01-07740 Location: Second Floor (Courtrooms--Branch I) Key Barriers ADA Criteria 13 Main entrance doors have ADAAG 4.13.11 closers requiring 10 lbs. of force to open 14 Half doors at Gallery Wall ADAAG 4.13.5 provide 30" clear opening 15 Judge's Bench, Clerk's Station, ADAAG 4.3.8 Witness Stand, and Jury Boxes are raised 16 Access doors from corridors ADAAG 4.13.8 and Judge's Chambers have round door knobs 17 2x6 handrail at stair ADAAG 4.9.4 18 No assigned area for ADAAG 4.1.3(19) wheelchairs in Spectator Gallery 19 Fixed chair at Witness Stand ADAAG 4.13.5 Options RA Cost Sched Adjust closers to 5 lbs. max. * $50 A* force Remove door nearest public * $50 A* entrance to provide 32" clear openings Provide portable wheelchair * $0 C* platform lift or portable ramp Provide (1) lever handle at * $0 C Judge's Chambers door as needed Assign bailiff to open (3) doors $0 C as needed Provide new handrails at each * $0 C side as needed Provide (1) space and reserved * $500 A sign Remove fixed chair * $50 A* Transition Plan -17- 01-07741 Location: Second Floor (Courtrooms--Branch II) Key Barriers ADA Criteria 20 Main entrance doors have ADAAG 4.13.11 closers requiring 10 lbs. of force to open 21 Half door at Gallery Wall ADAAG 4.13.5 provides 30" clear opening 22 Witness Stand and Jury Boxes ADAAG 4.3.8 are raised 23 Access door from corridors and ADAAG 4.13.8 Judge's Chambers has round door knob 24 2x6 handrail at stair/ramp ADAAG 4.9.4 25 No assigned area for ADAAG 4.1.3(19) wheelchairs in Spectator Gallery 26 Fixed chair at Witness Stand ADAAG 4.13.5 Options RA Cost Sched Adjust closers to 5 lbs. max. * $50 A* force Remove door to provide 32" * $50 A* clear opening Provide portable wheelchair * $0 C* platform lift or portable ramp Provide (1) lever handle at * $225 A Judge's Chamber door Assign staff to open (3) doors $0 C Provide new handrails at each * $225 A side Provide (2) spaces and reserved * $500 A sign Remove fixed chair * $50 A* Transition Plan -18- 01-07742 Location: Second Floor (Courtrooms--Branch III) Key Barriers ADA Criteria 27 Main entrance doors have ADAAG 4.13.11 closers requiring 10 lbs. of force to open 28 Half door at Gallery Wall ADAAG 4.13.5 provides 30" clear opening 29 Judge's Bench, Clerk's Station, ADAAG 4.3.8 Witness Stand, and Jury Boxes are raised 30 Access doors from corridors ADAAG 4.13.8 and Judge's Chambers have round door knobs 31 2x6 handrail at stair ADAAG 4.9.4 32 No assigned area for ADAAG 4.1.3(19) wheelchairs in Spectator Gallery Options RA Cost Sched Adjust closers to 5 lbs. max. * $50 A* force Remove door to provide 32" * $50 A* clear opening Provide portable wheelchair * $0 C* platform lift or portable ramp Provide (1) lever handle at * $0 C Judge's Chamber door as needed Assign bailiff to open (3) doors $0 C as needed Provide new handrails at each * $0 C side as needed Provide (2) spaces and reserved * $500 A sign Transition Plan -19- 01-07743 10. Q: Where a public library's open stacks are located on upper floors with no elevator access, does the library have to install a lift or an elevator? A: No. As an alternative to installing a lift or elevator, library staff may retrieve books for patrons who use wheelchairs. Staff must be available to provide assistance during the operating hours of the library. 11. Q: Does a municipal performing arts center that provides inexpensive balcony seats and more expensive orchestra seats have to provide access to the balcony seats? A: No. In lieu of providing accessible seating on the balcony level, the city can make a reasonable number of accessible orchestra-level seats available at the lower price of balcony seats. 12. Q: Is a city required to modify its policies whenever requested in order to accommodate individuals with disabilities? A: No. A public entity must make only "reasonable modifications" in its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate that a modification would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification. For example, where a municipal zoning ordinance requires a set-back of 12 feet from the curb in the central business district and, in order to install a ramp to the front entrance of a pharmacy, the owner requests a variance to encroach on the set-back by three feet, granting the variance may be a reasonable modification of town policy. On the other hand, where an individual with an environmental illness requests a public entity to adopt a policy prohibiting the use of perfume or other scented products by its employees who come into contact with the public, adopting such a policy is not considered a "reasonable" modification of the public entity's personnel policy. 13. Q: Does the requirement for effective communication mean that a city has to put all of its documents in Braille? A: Braille is not a "required" format for all documents. A public entity must ensure that its communications with individuals with disabilities are as effective as communications with others. A public entity is required to make available appropriate auxiliary aids and services where necessary to ensure effective communication. Examples of auxiliary aids and services that benefit various individuals with vision impairments include magnifying lenses, qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or assistance in locating items. 4 01-07744 Location: Second Floor (Courtrooms--Branch IV) Key Barriers ADA Criteria 33 Main entrance doors have ADAAG 4.13.11 closers requiring 10 lbs. of force to open 34 Half doors at Gallery Wall ADAAG 4.13.5 provides 30" clear opening 35 Judge's Bench, Clerk's Station, ADAAG 4.3.8 Witness Stand, and Jury Boxes are raised 36 Access doors from corridors ADAAG 4.13.8 and Judge's Chambers have round door knobs 37 2x6 handrail at stair ADAAG 4.9.4 38 No assigned area for ADAAG 4.1.3(19) wheelchairs in Spectator Gallery Options RA Cost Sched Adjust closers to 5 lbs. max. * $50 A* force Remove doors to provide 32" * $100 A* clear opening Provide portable wheelchair * $0 C* platform life or portable ramp Provide (1) lever handle at * $0 C Judge's Chamber door as needed Assign bailiff to open (3) doors $0 C as needed Install new handrails at each * $0 C side as needed Provide (2) spaces and reserved * $500 A sign Transition Plan -20- 01-07745 Location: Second Floor (Courtrooms--Branch V) Key Barriers ADA Criteria 39 Main entrance doors have ADAAG 4.13.11 closers requiring 10 lbs. of force to open 40 Half door at Gallery Wall ADAAG 4.13.5 provides 30" clear opening 41 Judge's Bench, Clerk's Station, ADAAG 4.3.8 Witness Stand, and Jury Boxes are raised 42 Access doors from corridors ADAAG 4.13.8 and Judge's Chambers have round door knobs 43 No assigned area for ADAAG 4.1.3(19) wheelchairs in Spectator Gallery Options RA Cost Sched Adjust closers to 5 lbs. max. * $50 A* force Remove door to provide 32" * $50 A* clear opening Provide portable wheelchair * $0 C* platform lift or portable ramp Provide (1) lever handle at * $0 C Judge's Chamber door as needed Assign bailiff to open (3) doors $0 C as needed Provide (2) spaces and reserved * $500 A sign Transition Plan -21- 01-07746 Location: Second Floor (Courtrooms--Branch VI) Key Barriers ADA Criteria 44 Main entrance doors have ADAAG 4.13.11 closers requiring 10 lbs. of force to open 45 Half doors at Gallery Wall ADAAG 4.13.5 provide 30" clear opening 46 Judge's Bench, Clerk's Station, ADAAG 4.3.8 Witness Stand, and Jury Boxes are raised 47 Access doors from corridors ADAAG 4.13.8 and Judge's Chambers have round door knobs 48 2x6 handrail at stair ADAAG 4.9.4 49 No assigned area for ADAAG 4.1.3(19) wheelchairs in Spectator Gallery Options RA Cost Sched Adjust closers to 5 lbs. max. * $50 A* forceRemove door to provide 32" * $50 A* clear openings Provide portable wheelchair * $0 C* platform lift or portable ramp Provide (1) lever handle at * $0 C Judge's Chamber door as needed Assign bailiff to open (2) doors $0 C as needed Provide new handrails at each * $0 C side as needed Provide (1) space and reserved * $500 WIP sign Transition Plan -22- 01-07747 Location: Second Floor (Courtrooms-Branch VII) Key Barriers ADA Criteria 50 Main entrance doors have ADAAG 4.13.11 closers requiring 10 lbs. of force to open 51 Half door at Gallery Wall ADAAG 4.13.5 provides 30" clear opening 52 Judge's Bench, Clerk's Station, ADAAG 4.3.8 Witness Stand, and Jury Boxes are raised 53 Access doors from corridors ADAAG 4.13.8 and Judge's Chambers have round door knobs 54 No assigned area for ADAAG 4.1.3(19) wheelchairs in Spectator Gallery Options RA Cost Sched Adjust closers to 5 lbs. max. * $50 A* force Modify door and wall to * $50 A* provide 32" clear opening Provide portable wheelchair * $0 C* platform lift or portable ramp Provide (1) lever handle at * $0 C Judge's Chamber door as needed Assign bailiff to open (2) doors $0 C as needed Provide (4) spaces and reserved * $500 A sign Transition Plan -23- 01-07748 Location: Second Floor (Attorney/Staff Restroom #2060/2061) Key Barriers ADA Criteria 55 Access doors are 32" wide ADAAG 4.13.5 56 Access doors have round door ADAAG 4.13.8 knobs 57 Existing restrooms are ADAAG 4.1.2(6) inaccessible Options RA Cost Sched Provide new 36" wide doors * $800 A and frames Provide lever handles * $225 A Combine rooms into (1) unisex * $5,250 A restroom Transition Plan -24- 01-07749 Location: Second Floor (Judge's Chambers and Staff Offices) Key Barriers ADA Criteria 58 Doors have round knobs ADAAG 4.13.8 Options RA Cost Sched Change to lever handle types * $0 C during maintenance replacement schedule or replace as needed Transition Plan -25- 01-07750 Location: Second Floor (Jury Room #2019) Key Barriers ADA Criteria 59 Access door from corridor and ADAAG 4.13.8 restroom doors have round door knobs 60 Existing Men's and Women's ADAAG 4.1.2(6) restrooms are inaccessible 61 Access door closer requires 8- ADAAG 4.13.11 10 lbs. of force to open Options RA Cost Sched Provide (2) lever handles * $450 A Create (1) unisex accessible $5,250 A restroom or assign staff to escort jury member to accessible restroom Adjust closer to 5 lbs. max. * $25 A* force Transition Plan -26- 01-07751 Location: Second Floor (Jury Room #2048) Key Barriers ADA Criteria 62 Access door from corridor and ADAAG 4.13.8 restroom doors have round door knobs 63 Existing Men's and Women's ADAAG 4.1.2(6) restrooms are inaccessible 64 Access door closer requires 8- ADAAG 4.13.11 10 lbs. of force to open Options RA Cost Sched Provide lever handles (3) * $675 A Assign bailiff to escort jury * $0 B member to accessible restroom Adjust closer to 5 lbs. max. * $25 A* force Transition Plan -27- 01-07752 Location: Second Floor (Jury Room #2069) Key Barriers ADA Criteria 65 Access door from corridor and ADAAG 4.13.8 restroom doors have round door knobs 66 Existing Men's and Women's ADAAG 4.1.2(6) restrooms are inaccessible 67 Access door closer requires 8- ADAAG 4.13.11 10 lbs. of force to open Options RA Cost Sched Provide (3) lever handles * $675 A Assign bailiff to escort jury * $0 B member to accessible restroom Adjust closer to 5 lbs. max. * $25 A* force Transition Plan -28- 01-07753 Location: Second Floor (Jury Room #2090) Key Barriers ADA Criteria 68 Access door from corridor and ADAAG 4.13.8 restroom doors have round door knobs 69 Existing Men's and Women's ADAAG 4.1.2(6) restrooms are inaccessible 70 Access door closer requires 8- ADAAG 4.13.11 10 lbs. of force to open Options RA Cost Sched Provide lever handles (3) * $675 A Assign bailiff to escort jury * $0 B member to accessible restroom Adjust closer to 5 lbs. max. * $25 A* force Transition Plan -29- 01-07754 Location: Second Floor (Jury Room #2023) Key Barriers ADA Criteria 71 Access door from corridor and ADAAG 4.13.8 restroom doors have round door knobs 72 Existing Men's and Women's ADAAG 4.1.2(6) restrooms are inaccessible 73 Access door closer requires 8- ADAAG 4.13.11 10 lbs. of force to open Options RA Cost Sched Provide (3) lever handles * $675 A Assign bailiff to escort jury * $0 B member to accessible restroom Adjust closer to 5 lbs. max. * $25 A* force Location: Second Floor Courtrooms Key Barriers ADA Criteria 74 Court Rooms do not have ADAAG A4.33.6 assistive listening devices for spectators Options RA Cost Sched Provide assistive listening * $1,725 E device for sharing between Court Rooms Transition Plan -30- 01-07755 Location: Third Floor (Huber Toilet/Shower Facilities) Key Barriers ADA Criteria 1 Toilet partition door to disabled ADAAG 4.13.5 stall at Men's Restroom #3056 is 32" wide 2 Disabled stall at Men's ADAAG 4.17.6 Restroom #3056 has 36" x 42" grab bar 3 Disabled shower stall has no ADAAG 4.21.4 grab bars 4 Disabled stall at Women's ADAAG 4.17.6 Restroom #3015 has 36" x 42" grab bar 5 Disabled shower stall has no ADAAG 4.21.4 grab bars 6 Doors have round door knobs ADAAG 4.13.8 Options RA Cost Sched Modify stall for 36" wide door * $575 A Provide (2) 1 1/2" diameter grab * $375 A bars in accordance with ADAAG Figure 30 Due to inmate vandalism of * $0 B grab bars, provide wheelchairand assistance personnel Provide (2) 1 1/2" diameter grab * $375 A bars in accordance with ADAAG Figure 30 Due to inmate vandalism of * $0 B grab bars, provide wheelchair and assistance personnel Sheriff's staff will be assigned * $0 B to open doors Transition Plan -31- 01-07756 Location: Third Floor (Juvenile Detention) Key Barriers ADA Criteria 7 Entry door to Visiting Room ADAAG 4.13.8, 4.13.11 #3020 has round door knob and closer requires 8-10 lbs. of force to open 8 No headset system for hearing ADAAG A4.33.6 impaired at Visit Room #3020 9 Disabled shower stall has no ADAAG 4.21.4 grab bars 10 Detention Personnel doors have ADAAG 4.13.8 round door knobs during normal Options RA Cost Sched Provide lever handle and adjust * $250 A closer to 5 lbs. max. Provide assistive listening * $1,725 A device at one visiting space Due to inmate vandalism of * $0 B grab bars, provide wheelchair and assistance personnel Change to lever handle type * $0 C during normal maintenance replacement schedule Transition Plan -32- 01-07757 Location: Fourth Floor/Mezzanine Key Barriers ADA Criteria 1 Disabled shower stalls have no ADAAG 4.21.4 grab bars 2 Entry door to Visiting Room ADAAG 4.13.8, 4.13.11 #4019 has round door knob and closer requires 8-10 lbs. of force to open 3 No headset system for hearing ADAAGA 4.33.6 impaired at Visiting Room #4019 4 Detention Personnel doors have ADAAG 4.13.8 round door knobs Options RA Cost Sched Due to inmate vandalism of * $0 B grab bars, provide wheelchair and assistance personnel Provide lever handle and adjust * $250 A closer to 5 lbs. max. Provide assistive listening * $1,725 A device at one visiting space Change to lever handle type * $0 C during normal maintenance replacement schedule Transition Plan -33- 01-07758 Location: Fifth Floor/Mezzanine Key Barriers ADA Criteria 1 Disabled shower stalls have no ADAAG 4.21.4 grab bars 2 Entry door to Visiting Room ADAAG 4.13.8, 4.13.11 #5047 has round door knob and closer requires 8-10 lbs. of force to open 3 No headset system for hearing ADAAG A4.33.6 impaired at Visiting Room #5047 4 Detention Personnel doors have ADAAG 4.13.8 round door knobs Options RA Cost Sched Due to inmate vandalism of * $0 B grab bars, provide wheelchair and assistance personnel Provide lever handle and adjust * $250 A closer to 5 lbs. max. Provide assistive listening * $1,725 A device at one visiting space Change to lever handle type * $0 C during normal maintenance replacement schedule Transition Plan -34- 01-07759 Location: Exit Stairways Key Barriers ADA Criteria 1 Doors have round door knobs ADAAG 4.13.8 at Ground Floor, First Floor, and Second Floor 2 Handrails are 1 5/8" in outside ADAAG 4.26.2 diameter Options RA Cost Sched Provide (19) lever handles * $4,000 A Change to 1 1/2" outside * $0 D diameter pipe and provide extensions or file for variance due to Transition Plan -35- 01-07760 Transition Plan Schedule Legend A Item(s) to be furnished in 1997 A* Item(s) to be furnished by Building Maintenance Department in 1997 B Program change for 1997 C Provide accommodation as needed for disabled employee C* Provide portable wheelchair lift or portable ramp to service raised court areas at First and Second Floors in 1997 D Removal of barrier is not readily achievable given the difficulty of removal/replacement. E Assistive listening devices to be shared between First and Second Floor Court Rooms and furnished in 1997 WIP Work in Progress during 1996 Transition Plan -36- 01-07761 (MAP) NORTH PARKING LOT 01-07762 (MAP) SHERIFF'S PARKING LOT 01-07763 (MAP) GROUND FLOOR 01-07764 (MAP) FIRST FLOOR 01-07765 (MAP) SECOND FLOOR 01-07766 (MAP) THIRD FLOOR 01-07767 (MAP) FOURTH FLOOR 01-07768 (MAP) FOURTH FLOOR MEZZANINE 01-07769 (MAP) FIFTH FLOOR 01-07770 (MAP) FIFTH FLOOR MEZZANINE 01-07771 EXHIBIT B 01-07772 THE AMERICANS WITH DISABILITIES ACT WHAT YOU SHOULD KNOW Under the Americans with Disabilities Act of 1990 ("ADA"), Outagamie County does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Moreover, the County does not discriminate on the basis of disability in its hiring or employment practices. Here are some specific ways the County is implementing the ADA: * The County will operate our programs so that they are readily accessible to and usable by individuals with disabilities. * When a person with a hearing or vision impairment needs an auxiliary aid to make communications effective, the County will give primary consideration to the person's choice of auxiliary aid. * The County will provide programs and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity. Questions, concerns, or requests for additional information regarding the ADA may be forwarded to one of the County's ADA Compliance Coordinators: Bill Hinckley ADA Compliance Coordinator-Employment 832-1669 Gary Whipp ADA Compliance Coordinator-Facilities 832-6360 Mark DeBruin ADA Compliance Coordinator-Services 832-5178 Individuals who need auxiliary aids for effective communication in programs and services are invited to make their needs and preferences known to the ADA Compliance Coordinator. For further information, call the Department of Justice's ADA Information Line at 1-800-514-0301 (voice) or 1-800-514-0383 (TDD). 01-07773 EXHIBIT C 01-07774 U.S. Department of Justice Civil Rights Division Disability Rights Section COMMONLY ASKED QUESTIONS ABOUT TITLE II OF THE AMERICANS WITH DISABILITIES ACT (ADA) 1. Q: Do we have to retrofit every existing municipal building in order to meet the accessibility requirements of the ADA? A: No. Title II of the ADA requires that a public entity make its programs accessible to people with disabilities, not necessarily each facility or part of a facility. Program accessibility may be achieved by a number of methods. While in many situations providing access to facilities through structural methods, such as alteration of existing facilities and acquisition or construction of additional facilities, may be the most efficient method of providing program accessibility, the public entity may pursue alternatives to structural changes in order to achieve program accessibility. For example, where the second-floor office of a public welfare agency may be entered only by climbing a flight of stairs, an individual with a mobility impairment seeking information about welfare benefits can be served in an accessible ground floor location or in another accessible building. Similarly, a town may move a public hearing from an inaccessible building to a building that is readily accessible. When choosing among available methods of providing program accessibility, a public entity must give priority to those methods that offer services, programs, and activities in the most integrated setting appropriate. 2. Q: If we opt to make structural changes in providing program accessibility, are we required to follow a particular design standard in making those changes? A: Yes. When making structural changes to achieve program accessibility, a public entity must make those changes in accordance with the standards for new construction and alterations. See question #5. 3. Q: What is the time line for making structural changes? A: Any structural changes that are required to achieve program accessibility must be made by January 26, 1995. Each public entity with 50 or more employees was required to complete a transition plan by July 26, 1992, setting forth the steps necessary to complete the changes. 01-07775 4. Q: Are there any limitations on the program accessibility requirement? A: Yes. A public entity does not have to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity or in undue financial and administrative burdens. This determination can only be made by the head of the public entity or his or her designee and must be accompanied by a written statement of the reasons for reaching that conclusion. The determination that undue burdens would result must be based on all resources available for use in the program. If an action would result in such an alteration or such burdens, the public entity must take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits and services of the program or activity. 5. Q: What architectural design standard must we follow for new construction and alterations? A: Public entities may choose from two design standards for new construction and alterations. They can choose either the Uniform Federal Accessibility Standards (UFAS) or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG). ADAAG is the standard that must be used for privately-owned public accommodations and commercial facilities under title III of the ADA. If ADAAG is chosen, however, public entities are not entitled to the elevator exemption (which permits certain privately-owned buildings under three stories or under 3,000 square feet per floor to be constructed without an elevator). 6. Q: Is the Federal Government planning to eliminate this choice and establish one design standard for new construction and alterations? A: Yes. The Department of Justice is proposing to amend its current ADA Standards for Accessible Design (which incorporate ADAAG) to add sections dealing with judicial, legislative, and regulatory facilities, detention and correctional facilities, residential housing, and public rights-of-way. The proposed amendment would apply these Standards to new construction and alterations under title II. Under the proposed rule, the choice between ADAAG and UFAS would be eliminated. 7. Q: We want to make accessibility alterations to our city offices, which are located in an historic building listed in the National Register of Historic Places. Are we prohibited from making changes? Which rules apply to us? What if these alterations would destroy the historic nature of the building? A: Alterations to historic properties must comply with the specific provisions governing historic properties in ADAAG or UFAS, to the maximum extent feasible. Under those provisions, alterations should be done in full compliance with the alterations standards 2 01-07776 for other types of buildings. However, if following the usual standards would threaten or destroy the historic significance of a feature of the building, alternative standards may be used. The decision to use alternative standards for that feature must be made in consultation with the appropriate historic advisory board designated in ADAAG or UFAS, and interested persons should be invited to participate in the decision making process. The alternative requirements for historic buildings or facilities provide a minimal level of access. For example - 1) An accessible route is only required from one site access point (such as the parking lot). 2) A ramp may be steeper than is ordinarily permitted. 3) The accessible entrance does not need to be the one used by the general public. 4) Only one accessible toilet is required and it may be unisex. 5) Accessible routes are only required on the level of the accessible entrance. 8. Q: But what if comploying with even these minimal alternative requirements will threaten or destroy the historic significance? A: In such a case, which is rare, the public entity need not make the structural changes required by UFAS or ADAAG. If structural modifications that comply with UFAS or ADAAG cannot be undertaken, the Department's regulation requires that "program accessibility" be provided. 9. Q: Does a city have to provide curb ramps at every intersection on existing streets? A: No. To promote both efficiency and accessibility, public entities may choose to construct curb ramps at every point where a pedestrian walkway intersects a curb, but they are not necessarily required to do so. Alternative routes to buildings that make use of existing curb cuts may be acceptable under the concept of program accessibility in the limited circumstances where individuals with disabilities need only travel a marginally longer route. In addition, the fundamental alteration and undue burden limitations may limit the number or curb ramps required. To achieve or maintain program accessibility, it may be appropriate to establish an ongoing procedure for installing curb ramps upon request in areas frequented by individuals with disabilities as residents, employees, or visitors. However, when streets, roads, or highways are newly built or altered, they must have ramps or sloped areas wherever there are curbs or other barriers to entry from a sidewalk or path. Likewise, when new sidewalks or paths are built or are altered, they must contain curb ramps or sloped areas wherever they intersect with streets, roads, or highways. Resurfacing beyond normal maintenance is an alteration. Merely filling potholes is considered to be normal maintenance. 3 01-07777 10. Q: Where a public library' open stacks are located on upper floors with no elevator access, does the library have to install a lift or an elevator? A: No. As an alternative to installing a lift or elevator, library staff may retrieve books for patrons who use wheelchairs. Staff must be available to provide assistance during the operating hours of the library. 11. Q: Does a municipal performing arts center that provides inexpensive balcony seats and more expensive orchestra seats have to provide access to the balcony seats? A: No. In lieu of providing accessible seating on the balcony level, the city can make a reasonable number of accessible orchestra-level seats available at the lower price of balcony seats. 12. Q: Is a city required to modify its policies whenever requested in order to accommodate individuals with disabilities? A: No. A public entity must make only "reasonable modifications" in its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate that a modification would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification. For example, where a municipal zoning ordinance requires a set-back of 12 feet from the curb in the central business district and, in order to install a ramp to the front entrance of a pharmacy, the owner requests a variance to encroach on the set-back by three feet, granting the variance may be a reasonable modification of town policy. On the other hand, where an individual with an environmental illness requests a public entity to adopt a policy prohibiting the use of perfume or other scented products by its employees who come into contact with the public, adopting such a policy is not considered a "reasonable" modification of the public entity's personnel policy. 13. Q: Does the requirement for effective communication mean that a city has to put all of its documents in Braille? A: Braille is not a "required" format for all documents. A public entity must ensure that its communications with individuals with disabilities are as effective as communications with others. A public entity is required to make available appropriate auxiliary aids and services where necessary to ensure effective communication. Examples of auxiliary aids and services that benefit various individuals with vision impairments include magnifying lenses, qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or assistance in locating items. 4 01-07778 The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the length and complexity of the communication involved. For example, for individuals with vision impairments, employees can often provide oral directions or read written instructions. In many simple transactions, such as paying bills or filing applications, communications provided through such simple methods will be as effective as the communications provided to other individuals in similar transactions. Many transactions, however, involve more complex or extensive communications than can be provided through such simple methods and may require the use of magnifying lenses, qualified readers, taped texts, audio recordings, Brailled materials, or large print materials. 14. Q: Must tax bills from public entities be available in Braille and/or large print? What about other documents? A: Tax bills and other written communications provided by public entities are subject to the requirement for effective communication. Thus, where a public entity provides information in written form, it must, when requested, make that information available to individuals with vision impairments in a form that is usable by them. "Large print" versions of written of documents produced by computers may be produced with a Braille printer, or audio tapes may be provided for individuals who are unable to read large print or do not use Braille. Brailled documents are not required if effective communication is provided by other means. 15. Q: Does a city have to arrange for a sign language interpreter every time staff members deal with people who are deaf or hard of hearing? A: Sign language interpreters are not required for all dealings with people who are deaf or hard of hearing. A public entity is required to make available appropriate auxiliary aids and services where necessary to ensure effective communication. Examples of auxiliary aids and services that benefit individuals with hearing impairments include qualified interpreters, notetakers, computer-aided transcription services, written materials, telephone handset amplifiers, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD's), videotext displays, and exchange of written notes. The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the length and complexity of the communication involved. For example, employees can often communicate with individuals who have hearing impairments through written materials and exchange of written notes. In many simple 5 01-07779 transactions, such as paying bills or filing applications, communications provided thorough such simple methods will be as effective as the communications provided to other individuals in similar transactions. Many transactions, however, involve more complex or extensive communications than can be provided through such simple methods and may require the use of qualified interpreters, assistive listening systems, videotext displays, or other aids or services. 16. Q: Do all city departments have to have TDD's to communicate with people who have hearing or speech impairments? A: No. Public entities that communicate by telephone must provide equally effective communication to individuals with disabilities, including hearing and speech impairments. If telephone relay services, such as those required by title IV of the ADA, are available, these services generally may be used to meet this requirement. Relay services involve a relay operator who uses both a standard telephone and a TDD to type the voice messages to the TDD user and read the TDD messages to the standard telephone user. Where such services are available, public employees must be instructed to accept and handle relayed calls in the normal course of business. However, State and local agencies that provide emergency telephone services must provide "direct access" to individuals who rely on a TDD or computer modem for telephone communication. Telephone access through a third party or through a relay service does not satisfy the requirement for direct access. 17. Q: Are there any limitations on a public entity's obligation to provide effective communication? A: Yes. This obligation does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of its services, programs, or activities, or in undue financial and administrative burdens. 18. Q: Is there any money available to help local governments comply with the ADA? A: Yes. Funding available through the Community Development Block Grant program at the U.S. Department of Housing and Urban Development may be used for accessibility purposes, such as installation of ramps, curb cuts, wider doorways, wider parking spaces, and elevators. Units of local government that have specific questions concerning the use of CDBG funds for the removal of barriers should contact their local HUD Office of Community Planning and Development or call the Entitlement Communities Division at HUD, (202) 708-1577, for additional information. November 1994 6 01-07780