Settlement Agreement Between The United States Of America And Missoula County, Montana Under The Americans With Disabilities Act

DJ 204-44-45

BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of Missoula County, Montana (County) under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the County receives financial assistance from the Department of Justice, the review was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G.

The review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the County’s compliance with the following title II requirements:

• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the County’s obligations under title II and the Department’s regulation, 28 C.F.R. § 35.106;

• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:

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

• physical changes to buildings (required to have been made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.

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

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

• to provide direct access via TTY (text telephone) or computer-to-telephone emergency services, including 9-1-1 services, for persons who use TTY’s and computer modems, 28 C.F.R. § 35.162;

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

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

As part of its compliance review, the Department reviewed the following facility, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements: Detention Center at 2340 Mullan Road.

The Department’s program access review covered those of the County’s programs, services, and activities that operate in the following facilities: Court House and Annex Building at 200 West Broadway Street, Public Defender Office at 317 Woody Street, Youth Court at 311 Woody Street, Office of Planning and Grants at City Hall, and, Library at 301 East Main Street.

The Department reviewed the County’s policies and procedures regarding notification of ADA policies, effective communication, voting, sidewalk maintenance, and web-based services and programs to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.

Finally, the Department reviewed the Detention Center’s policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.

JURISDICTION

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

2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the County with title II of the ADA and the Department's title II implementing regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.

3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the County’s compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530 and 42.108-110, to suspend or terminate financial assistance to the County provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

4. The parties to this Agreement are the United States of America and Missoula County.

5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

6. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled “Implementation and Enforcement.”

ACTIONS TAKEN BY COUNTY

7. The County has a designated ADA Coordinator. The ADA Coordinator coordinates the County’s effort to comply with and carry out its responsibilities under the ADA, including any investigation of complaint communicated to it alleging its noncompliance with title II or alleging any actions that would be prohibited under title II. The County makes available to all interested individuals the name(s), office address(es), and telephone number(s) of the ADA Coordinator’s Office.

8. The County adopted an ADA Grievance Procedure that is printed in its “Information for Individuals with Disabilities” brochure (ADA Brochure). Grievances are brought to the attention of the ADA Coordinator who works towards a resolution of the matter. If the ADA Coordinator’s response does not satisfactorily resolve the issue, the grievance may be brought to the Missoula County Board of County Commissioners for review. Copies of the ADA brochure can be found in conspicuous locations in the County’s public buildings. Copies are also provided to any person upon request.

9. The County conducted a self-evaluation survey of its programs, policies, and procedures in February 1997. Following the completion of the self-evaluation, the County’s ADA Compliance Team developed a transition plan in order to ensure that the programs offered at County’s facilities comply with title II of the ADA. As a result, the County increased the number of programs accessible to individuals with disabilities.

10. The County identifies in its ADA Brochure the availability of auxiliary aids or services, including but not limited to assistive listening devices, qualified sign language interpreters, large print, readers, TTYs, computer diskettes, cassette tapes and verbal descriptions. The ADA Brochure makes available to all interested individuals the name(s), office address(es), and telephone number(s) of the ADA Coordinator’s Office to request such aids.

11. The County’s Personnel Administration employment policies regarding equal employment opportunity, diversity and non-discrimination, and reasonable accommodation comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630.

12. The County Clerk and Recorder’s Office attended training provided by the Montana Secretary of State and the Montana Advocacy Program (MAP) in regards to voting for persons with disabilities. MAP provided the County’s election judges with a manual describing situations involving persons with disabilities that may arise during the voting process. The County’s judges have been instructed to read the manual in order to fully understand their obligations under the ADA. MAP also plans to train the County’s Polling Place Managers in their obligations under the ADA. On June 24 and 25, 2004, County staff were trained by MAP’s Help America Vote Act (HAVA) Coordinator on how to survey polling places for accessibility. The County will be surveying each polling place over the next few months and will develop a plan to make each of its polling locations accessible to persons with disabilities.

13. The County provides curb-side voting for any person with a disability that cannot or does not wish to enter the polling location. The County has provided training on curb-side voting to its election judges. Moreover, any person with a disability can request that his/her ballot be delivered to a more accessible polling location or request an absentee ballot. Registered voters with disabilities do not have to have a reason to request an absentee ballot. The County prepares press releases in order to notify persons with disabilities of their voting options.

REMEDIAL ACTION

NOTIFICATION

14. Within three months of the effective date of this Agreement, the County will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the County; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request.

15. Within three months of the effective date of this Agreement, and on yearly anniversaries of this Agreement until it expires, the County will implement and report to the Department its written procedures for providing the Notice to interested persons with disabilities concerning the existence and location of the County’s accessible programs, services, and activities.

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

16. Within three months of the effective date of this Agreement, the County will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for sign language or oral interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).

17. The County will take steps to ensure that all appropriate employees are trained and practiced in using the Montana Relay Service to make and receive TTY calls.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

18. Within three months of the effective date of this Agreement, the County will adapt for its own use and implement the Missoula County Sheriff’s Department Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment B] and distribute to all patrol officers and detectives the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment C].

19. Within three months of the effective date of this Agreement, the County will adapt for its own use and implement the Missoula County Sheriff’s Department Policy Statement on Effective Communication Regarding Inmates and Visitors Who are Deaf or Hard of Hearing [Attachment D].

20. Within three months of the effective date of this Agreement, the County will maintain an active list of one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, to its Sheriff’s Department or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

21. Within three months of the effective date of this Agreement, the County will ensure that each detention area is equipped with a working TTY to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls. Where inmate telephone calls are time-limited, the County will adopt policies permitting inmates who use TTY’s a longer period of time to make those calls, due to the slower nature of TTY communications compared with voice communications.

VOTING

22. Within six months of the effective date of this Agreement, the County will survey its polling locations for accessibility to persons with disabilities by using Attachment E, the Department’s ADA Checklist for Polling Places (www.ada.gov/voting.htm), and will report the results of the survey to the Department. If barriers to access are identified, the County will implement and report to the Department its plan to provide program access.

23. Some of the County’s polling places may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, would be subject to the obligation to provide program access or to remove barriers to accessibility under the ADA. This Agreement does not limit future enforcement action against the owners or operators of these polling places by any person or entity, including the Department.

24. Within six months of the effective date of this Agreement, the County will request in writing that each of the owners and operators of those polling places will remove the barriers to access for persons with disabilities and the County will distribute to them Attachment E, the Department’s ADA Checklist for Polling Places (www.ada.gov/votingck.htm). The request will specify that the remediation be completed within 18 months of the effective date of this Agreement. The County will simultaneously send a courtesy copy of the request to the Department.

25. Within 18 months of the effective date of this Agreement, the County will survey all facilities mentioned in the preceding paragraph to determine whether the actions requested by the County have been implemented. If not, for each polling place that still contains inaccessible parking, exterior route, entrance, or interior route to the voting area, the County will identify within 18 months of the effective date of this Agreement an alternate location where these elements are accessible. That identification will utilize the survey instrument that appears as Attachment E to this Agreement. The County will then take immediate steps to change its polling place to the new location.

26. Until all polling places in each precinct or voting district have accessible parking, exterior routes, entrances, and interior routes to the voting area, prior to each election, the County will identify and widely publicize to the public and to persons with disabilities and organizations serving them the most accessible polling place(s) for each precinct or voting district.

SIDEWALKS

27. Within three months of the effective date of this Agreement, the County will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts at particular locations.

28. Within three years of the effective date of this Agreement, the County will identify and report to the Department all streets, roads, and highways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Filling a pothole is not considered an alteration for the purposes of this Agreement. Within five years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.

29. Beginning no later than three months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered.

30. Within three years of the effective date of this Agreement, the County will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within five years of the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway.

31. Beginning no later than three months after the effective date of this Agreement, the County will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street, road, or highway.

WEB-BASED SERVICES AND PROGRAMS

32. Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the County will distribute to all persons – employees and contractors – who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the County (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment F to this Agreement (it is also available at www.ada.gov/websites2.htm).

33. Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the County will do the following:

• Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;

• Ensure that all new and modified web pages and content are accessible;

• Develop and implement a plan for making existing web content more accessible;

• Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and

• Periodically (at least annually) enlist persons with disabilities to test its pages for ease of use.

PHYSICAL CHANGES TO FACILITIES

33. The elements or features of the County’s facilities that do not comply with the Standards, including those listed in Attachments G and H, prevent persons with disabilities from fully and equally enjoying the County’s services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

34. The County will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

35. Within six months of the effective date of this Agreement, the County will install 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.

36. Newly Constructed Facilities: In order to ensure that the following spaces and elements in County facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the actions listed in Attachment G.

37. Program Access in County Existing Facilities: In order to ensure that each of the County’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the County will take the actions listed in Attachment H.

PROGRAM MODIFICATIONS

38. Access to County Programs Housed in Others’ Facilities: In order to ensure that the County’s programs, services, and activities that are the subject of this Agreement and that are operated by the County at facilities owned or controlled by other entities, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the actions listed in Attachment I.

MISCELLANEOUS PROVISIONS

39. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

40. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the County will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. 28 C.F.R. § 35.133(b).

41. Within one year of the effective date of this Agreement, the County will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The County will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.

42. Within two years of the effective date of this Agreement, the County will deliver its training program to all County employees who have direct contact with members of the public. At the end of that period, the County will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

IMPLEMENTATION AND ENFORCEMENT

43. If at any time the County desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed.

44. The Department may review compliance with this Agreement at any time. If the Department believes that the County has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the County in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the County, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.

45. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

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

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

48. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments, which are hereby incorporated by reference), will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the County’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

49. This Agreement will remain in effect for six years. 50. The person signing for the County represents that he or she is authorized to bind the County to this Agreement.

51. The effective date of this Agreement is the date of the last signature below.

For the County:

MS. BARBARA EVANS, Chairperson of County Commissioners

By: _____________________________
Missoula County Commissioners
200 West Broadway
Missoula, Montana 59802

Date: ____________________________

For the United States:

R. ALEXANDER ACOSTA,
Assistant Attorney General for Civil Rights

By:______________________________
JOHN L. WODATCH, Chief
JEANINE WORDEN, Deputy Chief
MARY LOU MOBLEY, Senior Counsel
JOSH MENDELSOHN, Supervisory Attorney
NATALIE SINICROPE, Investigator
TOM ESBROOK, Investigator
CHRIS FOTOPULOS, Attorney
MICHELE ANTONIO MALLOZZI, Architect
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, DC 20530

Date: ______________________________


Attachment B to Settlement Agreement between the United States of America and Missoula County, Montana in DJ# 204-44-45

THE MISSOULA COUNTY SHERIFF DEPARTMENT POLICY STATEMENT

REGARDING EFFECTIVE COMMUNICATION WITH PEOPLE

WHO ARE DEAF OR HARD OF HEARING

OVERVIEW

It is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act. To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:

● People who identify themselves as deaf or hard of hearing are entitled to a level of service equivalent to that provided hearing persons.

● The Agency will make every effort to ensure that its officers and employees communicate effectively with people who have identified themselves as deaf or hard of hearing.

● Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation.

● Various types of communication aids – known as “auxiliary aids and services” – are used to communicate with people who are deaf or hard of hearing. These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters.

● The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue.

● In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective. In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing. The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading. For example:

– If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.

– If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively and a sign language interpreter is often not required.

● To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person. Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need. Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing.

● The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden. Only the Agency head or his or her designee may make this determination. For example:

– If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered). In this situation, the most effective means of communication that does not involve an undue burden must be used.

● The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others. Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved, including persons who are deaf or hard of hearing.

● People who are deaf or hard of hearing must never be charged for the cost of an auxiliary aid or service needed for effective communication.

ON-CALL INTERPRETIVE SERVICES

● The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed. Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost. The Agency will update this list annually.

● A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual. The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases. Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality. Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary). Certification is not required in order for an interpreter to be “qualified.”

TTY AND RELAY SERVICES

● In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD). Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service.

TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY

● Officers must review and have a working knowledge of Guide for Law Enforcement Officers When In Contact With People Who Are Deaf or Hard of Hearing. This document reviews how officers should communicate effectively in the types of situations officers will encounter. These situations include:

– Issuing a noncriminal or motor vehicle citation.
– Communicating with a person who initiates contact with an officer.
– Interviewing a victim or critical witness to an incident.
– Questioning a person who is a suspect in a crime.
– Making an arrest or taking a person into custody.
– Issuing Miranda Warnings to a person under arrest or in custody.
– Interrogating a person under arrest or in custody.

TYPES OF AUXILIARY AIDS AND SERVICES

● Officers must utilize the following auxiliary aids, when available, to communicate effectively:

– Use of gestures
– Use of visual aids
– Exchange of written notes
– Use of computers or typewriters
– Use of assistive listening devices
– Use of teletypewriters (TTY’s)
– Use of qualified oral or sign language interpreters


Attachment C to Settlement Agreement between the United States of America and Missoula County, Montana in DJ# 204-44-45

GUIDE FOR LAW ENFORCEMENT OFFICERS

When In Contact With People Who Are Deaf or Hard of Hearing

As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.

Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf of hard of hearing. You should become familiar with this policy.

What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.

How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:

– use of qualified sign language or oral interpreters
– for people who are hard of hearing, speaking loudly and clearly, and use of assistive listening devices (to amplify sound)
– use of gestures or visual aids to supplement oral communication
– an exchange of written notes
– or use of a computer or typewriter.

What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.

For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.

Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.

DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.

How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.

If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.

– In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.

– During interrogations and arrests, a sign language interpreter will often be necessary.

– If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.

– In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.

Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.

Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.

Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.

Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.


Attachment D to Settlement Agreement between the United States of America and Missoula County, Montana in DJ# 204-44-45

MISSOULA COUNTY, MONTANA EFFECTIVE COMMUNICATION POLICY

REGARDING INMATES AND VISITORS WHO ARE DEAF OR HARD OF HEARING

I. PURPOSE

The purpose of this policy is to establish procedures to provide auxiliary aids and services whenever necessary to ensure effective communication with qualified individuals with disabilities.

II. APPLICABILITY

This policy applies to all services, programs, and activities provided or operated by the Missoula County.

III. POLICY

It is the policy of Missoula County to ensure that the Missoula County Jail will take appropriate steps to ensure that communication with inmates, visitors, and members of the public with disabilities are as effective as communication with others. The Jail will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the Department.

IV. PROCEDURES

A. Establishment of Auxiliary Aids and Services (AAS) Program. The County shall design and institute a program for the Jail to provide auxiliary aids and services; scheduling, announcing, and promoting all training required by this Policy; and drafting, providing, and maintaining, all reports required by this Policy.

B. Designation of an Official or Office Responsible for the Program. The Sheriff or Director of the Jail shall appoint an official or office responsible for the AAS program. The official or office shall maintain all necessary information about access to and the operation of the AAS program. The official or office shall maintain a combination voice/TTY telephone line or a dedicated TTY telephone line, and shall publicize its purpose and telephone number broadly within the Jail and to the public. The official or office shall provide appropriate assistance regarding immediate access to and proper use of the appropriate auxiliary aids and services available under the Program. Such official or office shall know where the appropriate auxiliary aids are stored, how to obtain services, and how to operate them, and shall be responsible for their maintenance, repair, replacement, and distribution. The official or office shall maintain a recording system for inquiries regarding the provision of auxiliary aids and services and responses.

C. Provision of Appropriate Auxiliary Aids and Services.

1. Auxiliary aids and services. The Jail shall provide to inmates and visitors who are deaf or hard of hearing, an appropriate auxiliary aid or service that may be necessary for effective communication as soon as practicable after determining that the aid or service is necessary. Auxiliary aids and services include qualified interpreters, note takers, transcription services, written materials, assistive listening devices, assistive listening systems, or other effective methods of making aurally delivered materials available to individuals who are deaf or hard of hearing.

2. Determination of auxiliary aid or service. The determination of which appropriate auxiliary aids and services are necessary, and the timing, duration and frequency with which they will be provided, shall be made by Jail personnel who are otherwise primarily responsible for coordinating and/or providing inmate services, in consultation with the person with a disability. When an auxiliary aid or service is required to ensure effective communication, the Jail shall provide an opportunity for an individual with a disability to request the auxiliary aid or service of his or her choice and shall give primary consideration to the choice expressed by the individual. The Jail shall honor the expressed choice, unless it can show that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the nature of its service, program, or activity or in undue financial and administrative burdens.

3. Initial communication assessment. The initial inmate communication assessment shall be made at the time of the initial intake interview of inmates at the facilities at the Jail. Properly trained personnel shall perform and document a communication assessment as part of the inmate’s record.

4. Ongoing communication assessment. The Jail shall conduct a minimum of no less than one (1) routine assessment per month of each inmate with hearing or speech disability regarding the provision of appropriate auxiliary aids and services. Departmental personnel shall keep appropriate records that reflect the ongoing assessments, such as notations in inmates’ records.

D. Policies and Security Concerns. Nothing in this policy shall require that an electronic device or piece of equipment used as an appropriate auxiliary aid be used when or where its use may be inconsistent with departmental policies or pose security concerns. For instance, closed captioned televisions are provided consistently for inmates with hearing disabilities with the same duration and frequency as televisions are provided to the other inmates classified in the same status within the department. No inmate is provided a television if his/her status would not otherwise permit him/her access to one.

E. Complaint Resolution. The Jail shall maintain an effective complaint resolution mechanism regarding the provision of auxiliary aids and services and shall maintain records of all complaints filed and actions taken with respect thereto.

F. Individual Notice in Absence of Request. If an inmate or a visitor who is deaf or hard of hearing does not request appropriate auxiliary aids or services but Jail personnel have reason to believe that the person would benefit from appropriate auxiliary aids or services for effective communication, the Jail shall inform the person directly that appropriate auxiliary aids and services are available free of charge.

G. Communication with Inmates and Visitors. The Jail shall take appropriate steps to ensure that all personnel having contact with an inmate or visitor who is deaf or hard of hearing are made aware of the person’s disability so that effective communication with the person will be achieved.

V. QUALIFIED INTERPRETERS

A. Provision of Qualified Interpreters. The Jail shall provide qualified interpreters when necessary for effective communication with, or effective participation in Jail programs and activities by inmates and visitors who are deaf or hard of hearing. The following are examples of circumstances when it may be necessary to provide interpreters:

* initial intake and classification processing;

* regularly scheduled health care appointments and programs (medical, dental, visual, mental health, and drug and alcohol recovery services);

* treatment and other formal programming;

* educational, vocational, or religious classes and activities;

* parole board or similar hearings;

* rules infraction board hearings;

* criminal investigations;

* classification review interviews;

* grievance interviews;

* religious services; and

* formal investigations conducted by Jail staff.

The foregoing list of circumstances is neither exhaustive nor mandatory, and shall not imply that there are not other circumstances when it may be appropriate to provide interpreters for effective communication.

B. Qualified Interpreters. A qualified interpreter means an interpreter who is able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary. An employee who signs "pretty well" should not be considered an interpreter until he or she possesses the proper skills to observe someone signing and change their signed or finger spelled communication into spoken words and vice versa. A Jail employee should not be allowed to interpret if his or her presence poses a conflict of interest or raises confidentiality and privacy concerns. On occasion, an inmate may possess the skill level necessary to provide interpreting services; however, the impartiality concerns remain, and in many--if not most--situations, inmate interpreters should not be used due to confidentiality, privacy, and security reasons. Someone who has only a rudimentary familiarity with sign language or finger spelling is not a "qualified interpreter" under this policy. Likewise, someone who is fluent in sign language but who does not possess the ability to process spoken communication into the proper signs or to observe someone else signing and change their signed or finger spelled communication into spoken words is not a qualified sign language interpreter.

C. Contracts for the Provision of Interpreting Services. The County shall establish contracts, or the Jail shall provide other effective means, to ensure that qualified interpreters are available when required, without delay.

D. Other Means of Communication During Non-scheduled Circumstances. Between the time an interpreter is requested and when an interpreter arrives, Jail personnel shall continue to try to communicate with the inmate or visitor who is deaf or hard of hearing for such purposes and to the same extent as they would have communicated with the person but for the hearing impairment, using all available methods of communication. For instance, seeking the services of an interpreter shall not mean that emergency medical treatment will be delayed until the interpreter arrives. In addition, upon arrival of the interpreter, personnel shall review and confirm with the inmate all information received prior to the arrival, without benefit of the interpreter. This provision in no way lessens the County’s obligation to provide qualified interpreters in a timely manner as required by this Policy.

E. Staff Interpreters. The Jail may, but shall have no obligation to, hire or otherwise contract with qualified interpreters for a staff position. Inmates and visitors who are provided with staff interpreters must have the same level of coverage (for both duration and frequency) as the Jail is otherwise obligated to provide under this Policy. The Jail may assign other duties as appropriate to staff interpreters.

VI. HEARING AIDS AND BATTERIES

A. Replacement Batteries. The Jail shall purchase and keep appropriate types of hearing aid batteries in stock in the medical supply room during the length of time an inmate(s) who wears a hearing aid is in the custody of the County. The Jail shall provide replacement hearing aid batteries to inmates requesting them as soon as possible but no later than 24 hours after such request.

B. Hearing Aid Repairs. The Jail shall send inmate hearing aids to a hearing aid repair company as soon as possible but no later than 24 hours (excluding weekends and holidays) following a request by an inmate for repair of his or her hearing aid. The Jail shall provide the inmate with written documentation of all hearing aid repairs, including detailed information regarding the vendor used, the date of the repair, and the specific repairs performed.

VII. TELEPHONES

A. TTYs. The Jail shall adopt and implement written policies and procedures to provide telecommunication devices for the deaf (“TTYs”) for inmates who are deaf or hard of hearing in a manner that ensures effective access to telephone services. These policies and procedures shall also provide that inmates who are hearing have access to TTY’s to communicate with family members or friends who are deaf or hard of hearing.

1. TTYs in visiting areas. The Jail shall make a TTY device available in any of the visiting areas that has a telephone. There shall be at least one TTY in each of the visiting areas. The Jail can either permanently install the required TTYs or make available a sufficient number of portable TTYs. Wherever portable TTYs are made available as an alternative to installed TTYs, and wherever there is a bank of three or more pay telephones, the Jail shall provide a shelf and an electrical outlet at a designated area. Wherever pay telephones are available but TTYs are not permanently installed, the Jail shall post permanent signs to indicate the location of the nearest available portable or permanently installed TTYs.

2. TTYs in housing units and other areas. The Jail shall promptly provide TTY units to all deaf and hard of hearing inmates residing in housing units to the extent that pay telephones are available to other inmates. In those situations where the Jail provides portable TTYs, the housing staff shall provide the units upon the inmate’s request, absent emergency circumstances such as facility lock-down. The Jail shall also make a TTY unit(s) available whenever a pay telephone is made available to inmates in other areas than housing units.

3. TTY 800 numbers. The Jail shall take the steps necessary to provide inmates and visitors with toll-free access to “800" numbers for telephone relay services or TTY operators or 7-1-1, and post these numbers near designated pay telephones, with notice that they are toll-free numbers.

4. Time limits on TTY calls. In light of the fact that telephone calls placed via a TTY unit take three to five times longer than telephone calls placed using standard voice telephone equipment, the Jail shall not impose on TTY calls a time limit of less than four times the time allowed for voice telephone calls.

B. Volume Control Telephones. The Jail shall ensure that no less than five (5) percent of all of its pay telephones and no less than one, are equipped with volume control mechanisms. The Jail shall ensure that volume control phones are dispersed among all pay telephones throughout the County. The Jail shall ensure that appropriate universal signs are displayed at each volume control telephone.

C. Hearing Aid Compatible Telephones. The Jail shall ensure that no less than five (5) percent of all of its pay telephones are hearing aid compatible. The Jail shall ensure that hearing aid compatible telephones are dispersed among all pay telephones throughout the Jail.

VIII. VISUAL AND TACTILE ALARMS

A. Visiting Facilities. If the Jail has audible emergency alarms in visiting areas the Jail shall add visual alarms when an individual who is deaf or hard of hearing is anticipated to spend significant periods of time in these areas.

B. Housing Units. If the Jail has audible alarms in housing units the Jail shall add visual signal devices, whenever necessary to alert inmates who are deaf or hard of hearing to announcements (e.g., roll call).

IX. TELEVISIONS

The Jail shall provide and maintain closed captioned television decoders (or built-in decoder televisions) in television rooms to enable inmates who are deaf or hard of hearing the same opportunity for television viewing as that afforded to other inmates.

X. NOTICE

A. Signs. The Jail shall post and maintain signs wherever other posters or flyers are required by law to be posted. Such signs shall be to the following effect:

Sign language and oral interpreters, TTYs, and other auxiliary aids and services are available free of charge to people who are deaf or hard of hearing. For assistance, please contact any Jail personnel or the Auxiliary Aids and Services Coordinator.

B. Inmate Handbook. The Jail shall include in all future printings of its Inmate Handbook (or equivalent) and all similar publications a statement to the following effect:

To ensure effective communication with inmates and their visitors who are deaf or hard of hearing, we provide appropriate auxiliary aids and services free of charge, such as: sign language and oral interpreters, TTY's, written materials, telephones compatible with hearing aids, closed caption decoders, and closed captioning of Jail programs. Please ask for assistance, or contact the Auxiliary Aids and Service Coordinator at _________________ (voice or TTY), room ___________________."

C. Notice to Jail Personnel

The Jail shall distribute to all Jail Personnel, in an appropriate form, a written policy statement regarding the Department's policy for effective communication with persons who are deaf or hard of hearing.

XI. TRAINING OF JAIL PERSONNEL

Comprehensive Training. The Jail shall provide one or more in-service training sessions for all Jail personnel having contact with deaf or hard of hearing inmates and all management or administration staff regarding all relevant policies and procedures implementing this Policy.

A. Content. Such training shall be sufficient in duration and content to train a reasonable number of Jail personnel in access to the Program, use of the Program, and to the needs of the deaf and hard of hearing inmate population. Such training shall include topics relevant to the health care needs of the deaf and hard of hearing inmates, such as the various degrees of hearing impairment, language and cultural diversity in the deaf community, dispelling myths and misconceptions about persons who are deaf or hard of hearing, identification of communication requirements of persons who are deaf or hard of hearing, the unique needs and problems encountered by late-deafened individuals, psychological implications of hearing loss and its relationship to interaction with hearing health care professionals, types of auxiliary aids and services as required under this Policy, the proper use and role of qualified sign language interpreters, procedures and methods for accessing the AAS Program for providing interpreters, making and receiving calls through TTY’s and the 7-1-1 Relay or other relay service providers, third party resources which can provide additional information about people who are deaf or hard of hearing.

XII. TERMINATION OF CONTRACT WITH NONCOMPLYING ENTITIES

The Jail shall ensure by contract or other arrangements that all services, programs, or activities provided or operated by contractors are in compliance with the Americans with Disabilities Act. Contracts with those entities that fail or refuse to comply with the ADA shall be subjected to formal termination proceedings. Illustration: The Jail has a contract with a State university for providing post secondary education to inmates, and the university refuses to provide a qualified interpreter to ensure effective participation in the program by an inmate who is deaf. The Jailshall 1) require the contractor to provide the interpreting services as required, or 2) terminate the contract, or 3) shall itself provide the necessary auxiliary aids and services for individuals with who are deaf or hard of hearing.


Attachment G to Settlement Agreement between the United States of America and Missoula County, Montana in DJ# 204-44-45

Modifications to Newly Constructed Facilities

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

1. The County will make the following modifications to the Detention Center, including both the Adult and Juvenile Wings, located at 2340 Mullan Road, within six months of the effective date of this Agreement:

A. Public Telephones located in the Public Entrance Vestibules

i. The public telephones are inaccessible because they do not have volume control and their coin slots are located 58 inches above the finished floor. Provide accessible telephones 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 telephones; with the highest operable part of the telephones 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 are hearing aid compatible and have 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; and with a cord of at least 29 inches long from the telephones to the handset. Standards §§ 4.1.3(17), 4.31.

B. Public Lockers located in the Public Entrance Vestibules

i. The lockers are inaccessible because they require tight grasping, pinching, or twisting of the wrist to lock. Provide at least one accessible locker with mechanical controls that can be operated with 5 lbf or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist, i.e., a dowel or another lever through the key so that the key can be used without twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(13), 4.27.4.

C. Text Telephones (TTYs)

i. Although there are 2 public telephones and several two-way communication phones in the Visitor Areas provided, a TTY is not provided. Provide at least two accessible TTYs with appropriate signage, one for each wing. Standards §§ 4.1.3(17)(c), 4.30.7(3), 4.31.9.

D. Men’s and Women’s Toilet Rooms located in the Visitor Waiting Areas

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

ii. The side grab bars at the toilets are inaccessible because they are 47 inches from the farther end to the rear wall. Provide side grab bars that are 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, 4.26.2, Fig. 29(b).

E. Shower Stalls located in the Inmate Pods that are Designated for Persons with Disabilities

i. The showers are inaccessible because they do not have transfer seats. Provide an L-shaped shower seat in each shower stall that is mounted on the wall opposite the controls and extending the full depth of the stall. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

F. Service Counters and Windows

i. The reception counters at the visitor entrances are inaccessible because they are 40 inches above the finished floor. Provide counters 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 auxiliary counters with a maximum height of 36 inches in close proximity to the main counters, 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.

ii. The reception windows inside the visitor entrances are inaccessible because they are 42 inches above the finished floor. Provide windows on an accessible route such that a portion of the window is at least 36 inches wide and no more than 36 inches above the finished floor, or provide auxiliary counters with a maximum height of 36 inches in close proximity to the main windows, 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.

iii. The booking interview cubicle counters are inaccessible because they are 38 inches above the finished floor. Provide counters 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 auxiliary counters with a maximum height of 36 inches in close proximity to the main counters, 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.

G. Public Telephones in Visitor Cubicles and Inmate Visiting Cubicles that are Designated for Persons with Disabilities

i. The public telephones are inaccessible because they do not have volume control or hearing aid compatibility. Provide accessible telephones that are hearing aid compatible and have a volume control mechanism. Standards §§ 4.1.3(17), 4.31.

H. Cells that are Designated for Persons with Disabilities (3BL6)

i. There are no rear grab bars at the toilets. Provide rear grab bars (that may have a strong shelf ) that are 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 bars and the wall; and at least 1½ inches between the grab bars and any other object. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

I. Booking Areas - Shower Stalls and Water Closets that are Designated for Persons with Disabilities

i. The showers are inaccessible because they do not have transfer seats. Provide an L-shaped shower seat in each shower stall that is mounted on the wall opposite the controls and extending the full depth of the stall. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

ii. The toilets are inaccessible because the flush controls are 46 inches above the finished floor. Provide flush controls mounted on the “open” side of the toilets’ 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.


Attachment H to Settlement Agreement between the United States of America and Missoula County, Montana in DJ# 204-44-45

Program Access in Existing Facilities

Paragraph 35 of the Agreement requires that within six 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.

1. The technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is “readily accessible to and usable by” persons with disabilities and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151.

2. In order to ensure that each of the County’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the following actions:

Program Access in Existing Facilities: In order to ensure that each of the County’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the following actions:

3. The County will make the following modifications to the Annex located at 200 West Broadway Street, within four years of the effective date of this Agreement:

A. Room Signage

i. The room signage provided throughout the building is inaccessible because it is mounted above the doors and lacks Braille. 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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

B. Information Desk on the First Floor

i. The counter is inaccessible because it 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 §§ 7.2(2), 4.3.

C. Men’s Toilet Room located on the First Floor

i. The toilet room sign is inaccessible because it is mounted 52 inches above the finished floor. Provide a toilet room sign with raised and Braille characters that is 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 door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The coat hook in the designated accessible stall is inaccessible because it is mounted too high above the finished floor. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iv. The toilet paper dispenser in the designated accessible stall is inaccessible because it is 40 inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards § 4.17.3, Fig. 30(d).

D. Women’s Toilet Room located on the First Floor

i. The toilet room sign is inaccessible because it is mounted 52 inches above the finished floor. Provide a toilet room sign with raised and Braille characters that is 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 coat hook in the designated accessible stall is inaccessible because it is mounted too high above the finished floor. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iii. 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 § 4.19.4.

E. Elevator

i. The elevator is inaccessible because the hall call buttons are between 52 inches and 58 inches above the finished floor. Provide hall call buttons with visual signals indicating when each call is registered and when each call is answered. Ensure that the call buttons are centered at 42 inches above the finished floor, a minimum of ¾ inch in the smallest dimension, with the button designating the up direction on top; that the call buttons are raised or flush; and that objects mounted beneath hall call buttons do not project into the elevator lobby more than 4 inches. Standards § 4.10.3, Fig. 20.

ii. The elevator is inaccessible because the hall lanterns only signal once for down. Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call. Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say “up” or “down;” and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button. Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable. Standards § 4.10.4, Fig. 20.

iii. The elevator is inaccessible because the car controls do not have Braille, a raised star for main floor, visual indicators to register a call that go out when a call is answered, and emergency controls that are grouped at bottom of the control panel. Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols. Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor. Standards § 4.10.12, Fig. 23.

iv. The elevator is inaccessible because the door only stays open for 10 seconds. Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person. Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds. Standards §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

F. Conference Room located in Room 201

i. The door is inaccessible because the pressure required to open the door is 22 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

G. Elections and Voter Registration Office located in Room 218

i. The reception counter is inaccessible because it is 41 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 §§ 7.2(2), 4.3.

H. Drinking Fountains

i. Although an accessible drinking fountain is provided on the first floor, there is no drinking fountain provided for people who have difficulty bending or stooping. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards § 4.1.3(10)(a).

ii. Although a drinking fountain is provided on second floor, there is no accessible drinking fountain because its spout is 39 inches above the finished floor and has a twist control. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and 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. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. Standards §§ 4.15, 4.27.4, Fig. 27.

iii. Although a drinking fountain is provided on third floor in the Justice Court, there is no accessible drinking fountain because its spout is 40 inches above the finished floor. Provide at least one drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and 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. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. Standards §§ 4.15, 4.27.4, Fig. 27.

I. Justice Court located in Room 302

i. The reception counter is inaccessible because it 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 §§ 7.2(2), 4.3.

ii. The waiting room table is inaccessible because its apron is 26 inches above the finished floor. Provide a table that has clear floor space that is 30 inches wide and 48 inches deep, knee clearance at least 27 inches high, 30 inches wide, and 19 inches deep, and a writing surface between 28 and 34 inches above the finished floor. Standards §§ 4.2.4.1, 4.32.

iii. Justice Court Room 1

A. The swing door is inaccessible because it has an opening width of only 29 inches. Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24.

iv. Justice Court Room 2

A. The swing door is inaccessible because it has an opening width of only 29 inches. Provide a door with a clear opening of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop. Standards § 4.13.5, Fig. 24.

J. Interior Route connecting the Annex and the Courthouse

i. The route that connects the Annex and the Courthouse is inaccessible because it can only be accessed by stairs. 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 §§ 4.3, 4.5, Fig. 7.

K. Public Telephone located on the First Floor

i. The telephone is inaccessible because it does not have volume control. Provide an accessible telephone that has a volume control mechanism. Standards § 4.31.

4. The County will make the following modifications to the Historic Courthouse located at 200 West Broadway Street, within four years of the effective date of this Agreement:

A. Room Signage

i. The room signage provided throughout the building is inaccessible because it is mounted above the doors and lacks Braille. 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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

B. Clerk of Court’s Office located in Room 374

i. The door is inaccessible because the pressure required to open the door is 17 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

ii. The reception counter is inaccessible because it is 41 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 §§ 7.2(2), 4.3.

C. Elevator

i. The elevator is inaccessible because it does not have hall lanterns. Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call. Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say “up” or “down;” and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button. Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable. Standards § 4.10.4, Fig. 20.

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

iii. The elevator is inaccessible because, although an emergency communications system is provided, it requires tight grasping to open. 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 § 4.10.14.

D. Surveyor’s Office located in Room 181

i. The door is inaccessible because the pressure required to open the door is 12 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

ii. The reception counter is inaccessible because it is 44 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 §§ 7.2(2), 4.3.

E. Men’s Toilet Room located on the First Floor

i. The 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 § 4.13.9.

ii. The door is inaccessible because the pressure required to open the door is 12 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The toilet room sign is inaccessible because it is mounted 57 inches above the finished floor. Provide a toilet room sign that is 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, 4.30.7.

iv. The mirror is inaccessible because the bottom edge of its reflecting surface is mounted too high above the finished floor. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

v. The paper towel dispenser is inaccessible because the controls are mounted at 53 inches above the finished floor over an obstruction. Provide a paper towel dispenser such that the controls comply with Fig. 5 for a forward reach or with Fig. 6 for a side reach and such that it is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach, respectively, by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

vi. The lavatory is inaccessible because its apron is 25 inches above the finished floor. Provide a lavatory 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 §§ 4.19.2, Fig. 31.

vii. 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 § 4.19.4.

viii. There are no standard accessible stalls provided. However, the County has shown that reducing the number of stalls in this toilet room to provide a standard accessible stall would violate State plumbing codes. Provide at least one stall that is either exactly 36 inches wide with an outward swinging door, parallel grab bars, toilet, and other elements that comply with Figures 30(b) (first configuration) and 30(d); OR provide at least one stall that is at least 48 inches wide and at least 54 inches deep, with an outward swinging door, grab bars, toilet, and other elements that comply with Figures 30(b) (second configuration) and 30(d). Standards §§ 4.17.3, Figs. 30(b) & (d).

F. Women’s Toilet Room located on the First Floor

i. The 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 § 4.13.9.

ii. The toilet room sign is inaccessible because it is mounted 58 inches above the finished floor. Provide a toilet room sign that is 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, 4.30.7.

iii. The mirror is inaccessible because the bottom edge of its reflecting surface is mounted too high above the finished floor. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

iv. The lavatory is inaccessible because its apron is 25 inches above the finished floor. Provide a lavatory 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 §§ 4.19.2, Fig. 31.

v. 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 § 4.19.4.

vi. There are no standard accessible stalls provided. However, the County has shown that reducing the number of stalls in this toilet room to provide a standard accessible stall would violate State plumbing codes. Provide at least one stall that is either exactly 36 inches wide with an outward swinging door, parallel grab bars, toilet, and other elements that comply with Figures 30(b) (first configuration) and 30(d); OR provide at least one stall that is at least 48 inches wide and at least 54 inches deep, with an outward swinging door, grab bars, toilet, and other elements that comply with Figures 30(b) (second configuration) and 30(d). Standards §§ 4.17.3, Figs. 30(b) & (d).

G. Staircases

i. Marble Staircase leading to the First Floor

A. The stairs are inaccessible because they do not have an outside handrail and the inside handrail is 31 inches above the finished floor. Provide handrails on both sides of the stairs; handrails that are not continuous beyond the top and bottom of the stairs extend at least 12 inches beyond the top riser and at least 12 inches plus the width of one tread beyond the bottom riser; there is a clear space between the handrails and the wall of 1½ inches; gripping surfaces are uninterrupted by newel posts, other construction elements, or obstructions; the handrails are mounted between 34 and 38 inches above stair nosings; the ends of the handrails are either rounded or returned smoothly to the floor, wall, or post; and the handrails do not rotate within their fittings. Standards § 4.9.

ii. Green Staircase near the Trophy Case

A. The stairs are inaccessible because they do not have handrails on both sides, and the existing handrail has a 2 inch gap between it and the wall and is 32 inches above the finished floor. Provide handrails on both sides of the stairs; handrails that are not continuous beyond the top and bottom of the stairs extend at least 12 inches beyond the top riser and at least 12 inches plus the width of one tread beyond the bottom riser; there is a clear space between the handrails and the wall of 1½ inches; gripping surfaces are uninterrupted by newel posts, other construction elements, or obstructions; the handrails are mounted between 34 and 38 inches above stair nosings; the ends of the handrails are either rounded or returned smoothly to the floor, wall, or post; and the handrails do not rotate within their fittings. Standards § 4.9.

H. County Attorney and Criminal Division located in Room 281

i. The reception window is inaccessible because it is 41 inches above the finished floor. Provide a window on an accessible route such that a portion of the window 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 window, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main window, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 7.2(2), 4.3.

I. District Court Room #2 North located in Room 251

i. The courtroom is inaccessible to people with hearing impairments because although there are 50 or more fixed seats, there is no assistive listening system. Provide a permanently installed assistive listening system (ALS) or a portable ALS with an adequate number of electrical outlets or other supplementary wiring necessary to support a portable assistive listening system. Provide a minimum of 2 receivers for use by the general public and signage indicating their availability. Standards §§ 4.30, 4.33.

5. The County will make the following modifications to the Public Defender Office located at 317 Woody Street, within one year of the effective date of this Agreement:

A. Parking

i. Although the parking lot, which is shared with the Youth Court Office, has a space designated for people with disabilities, there is no van accessible parking space. On the shortest accessible route to the accessible entrances, provide at least one van accessible space designated as reserved for people with disabilities. Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle 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 the van accessible space, 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)(b), 4.6, 4.30.7(1).

B. Exterior Ramp

i. The ramp is inaccessible because it does not have accessible handrails or edge protection, and the bottom segment of the ramp has a slope greater than 1:12. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.

C. Exterior Back Entrance Door

i. The 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 § 4.13.9.

ii. The route from the entrance door into the Office is inaccessible because the coat hanger protrudes into the main walkway. Provide an accessible route at this location such that no objects prevent a route from having a minimum clear width of 36 inches. Standards §§ 4.3.3, 4.13.5.

D. Women’s Toilet Room

i. The toilet room sign is inaccessible. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The 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 § 4.13.9.

iii. The toilet is inaccessible because the top of the seat is 15 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards § 4.16.3, Fig. 29(b).

iv. The toilet is inaccessible because its centerline measures 14 ½ inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.16.2, Fig. 28.

v. The side grab bar at the toilet is inaccessible because it is 49 inches from the farther end to the rear wall. 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 §§ 4.16.4, 4.26.2, Fig. 29.

vi. The rear grab bar at the toilet is inaccessible because it is 24 inches long. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards § 4.16.4, Fig. 29.

E. Men’s (Unisex) Toilet Room

i. The toilet room sign is inaccessible because it is not mounted on the latch side of the door. Provide a toilet room sign that is 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, 4.30.7.

ii. The 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 § 4.13.9.

iii. The paper towel dispenser is inaccessible because the controls are mounted at 50 inches above the finished floor and require a forward approach. 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iv. The toilet is inaccessible because the top of the seat is 15 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards § 4.16.3, Fig. 29(b).

v. The toilet is inaccessible because its centerline measures 21 ½ inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.16.2, Fig. 28.

vi. The side grab bar at the toilet is inaccessible because it is 50 inches from the farther end to the rear wall. 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 §§ 4.16.4, 4.26.2, Fig. 29.

vii. The rear grab bar at the toilet is inaccessible because it is 24 inches long. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards § 4.16.4, Fig. 29.

F. Reception Window

i. The reception window is inaccessible because it is 42 ½ inches above the finished floor. Provide a window on an accessible route such that a portion of the window 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 window, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main window, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 7.2(2), 4.3.

G. Directional Signage

i. The building’s directional signage at the front entrance is unclear because it lacks directional arrows. Provide accessible, directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the accessible back entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

6. The County will make the following modifications to the Youth Court located at 311 Woody Street, within one year of the effective date of this Agreement:

A. Exterior Ramp at Back Entrance

i. The ramp is inaccessible because it does not have accessible handrails or edge protection, and the ramp has a slope greater than 1:12 and a cross slope greater than 1:50. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; and with edge protection at least 2 inches high at the drop off sides. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Standards §§ 4.3.8, 4.8.

B. Directional Signage

i. The building is inaccessible because there is no signage at the inaccessible entrances directing users to the nearest accessible entrance. Provide accessible, directional signage with the International Symbol of Accessibility at inaccessible entrances directing users to the back accessible entrance, and provide accessible signage with the International Symbol of Accessibility at all permanent accessible entrances. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

C. Back Exterior Entrance Door

i. The back entrance is inaccessible because there is a 1 inch change in level at the threshold to the door and the door lacks maneuvering clearance required for people who use wheelchairs. Provide a designated accessible entrance that has a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop; that has either an automatic door operator or clear and level maneuvering clearance that complies fully with Fig. 25; and that has a threshold not exceeding ½ inch in height and beveled with a slope no greater than 1:2. Ensure that all hardware and operating devices have shapes that are easy to grasp with one hand and do not require tight grasping, pinching or twisting of the wrist to operate; and that they are mounted no higher than 48 inches above the finished floor. Standards § 4.13, Figs. 24, 25.

D. Women’s Toilet Room

i. The 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 § 4.13.9.

ii. The paper towel dispenser is inaccessible because the controls are mounted at 57 inches above the finished floor. 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iii. The lavatory is inaccessible because its apron is 27 inches above the finished floor. Provide a lavatory 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 § 4.19.2, Fig. 31.

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 § 4.19.4.

v. The lavatory is inaccessible because it has twist controls. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.

vi. The toilet is inaccessible because the top of the seat is 15 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards § 4.16.3, Fig. 29(b).

vii. 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 §§ 4.16.4, 4.26.2, Fig. 29.

E. Men’s Toilet Room

i. The 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 § 4.13.9.

ii. The paper towel dispenser is inaccessible because the controls are mounted at 59 inches above the finished floor. 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iii. The lavatory is inaccessible because its apron is 27 inches above the finished floor. Provide a lavatory 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 § 4.19.2, Fig. 31.

iv. The lavatory is inaccessible because it has twist controls. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.

v. The toilet is inaccessible because the top of the seat is 15 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards § 4.16.3, Fig. 29(b).

vi. 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 §§ 4.16.4, 4.26.2, Fig. 29.

7. The County will make the following modifications to the Library located at 301 East Main Street, within four years of the effective date of this Agreement:

A. Parking

i. Although the parking lot has a total of 35 parking spaces with 2 spaces designated for people with disabilities, there is no van accessible parking space. In addition, the space designated for persons with disabilities that is right of the main entrance does not have a vertical sign. On the shortest accessible route to the accessible entrance, provide at least one van accessible space designated as reserved for people with disabilities, in addition to the one existing accessible parking space. Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle 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 the van accessible space, 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).

ii. The space designated for persons with disabilities that is left of the main entrance has a built-up curb ramp that protrudes into the space, and the space does not have an access aisle. At the standard accessible space, provide an access aisle at least 60 inches wide (96 inches wide if van-accessible). Ensure that the access aisle is flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that its surface is firm, stable, and slip-resistant. Provide a curb ramp located so that it does not project into this element and all aspects of the ramp or curb cut comply with the Standards. Standards §§ 4.1.2(5), 4.6.3, Fig. 9, 4.3.8, 4.7.6.

B. The First and Second Floor Exterior Entrance Doors

i. The double-leaf entrance doors are inaccessible because the auto control button is mounted on one of the door’s leaves. Provide designated accessible entrances that have operating devices located so that a person may approach within 3 inches of the devices without encountering protruding objects or standing within the swing of a door, and that they are mounted no higher than 48 inches above the finished floor. Standards § 4.13, Figs. 24, 25.

C. Meeting Rooms (Large and Small)

i. The doors to the meeting rooms are inaccessible because knob hardware is used. Provide doors with hardware that is easy to grasp with one hand and that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

D. Women’s and Men’s Toilet Rooms located on the First Floor

i. The toilet room signs are not accessible. Provide toilet room signs with the International Symbol of Accessibility and raised and Braille characters. The signs shall be mounted on the wall adjacent to the latch side of the door with the centerline of the signs 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, 4.30.7.

ii. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet rooms. Provide a visual alarm appliance in the toilet rooms. Standards §§ 4.28.1, 4.28.3.

iii. The lavatories are inaccessible because they have twist controls. Provide lavatories with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.

iv. 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 § 4.19.4.

v. The tampon dispenser (women’s only) is inaccessible because the controls are greater than 48 inches above the finished floor for a forward approach. Provide a tampon 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

vi. The designated accessible stalls are “alternate” stalls. Provide “standard” accessible toilet stalls at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stalls’ elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

vii. The coat hooks in the designated accessible stalls are inaccessible because they are mounted too high above the finished floor. Provide coat hooks at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

E. Public Telephone

i. The telephone on the first floor is inaccessible because it has no volume control and the coin slot is 56 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 are hearing aid compatible and have 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; and with a cord of at least 29 inches long from the telephone to the handset. Standards § 4.31.

F. Elevator

i. The elevator is inaccessible because the hall call buttons are centered at 54 inches above finished floor. Provide hall call buttons with visual signals indicating when each call is registered and when each call is answered. Ensure that the call buttons are centered at 42 inches above the finished floor, a minimum of ¾ inch in the smallest dimension, with the button designating the up direction on top; that the call buttons are raised or flush; and that objects mounted beneath hall call buttons do not project into the elevator lobby more than 4 inches. Standards § 4.10.3, Fig. 20.

ii. The elevator is inaccessible because there are no hall lanterns. Provide hall lanterns at each hoistway entrance that emit a visible and audible signal indicating which car is answering a call. Ensure that audible signals sound once for the up direction and twice for the down direction or have verbal annunciators that say “up” or “down;” and that visible signals are mounted so that their centerline is at least 72 inches above the lobby floor, they are at least 2½ inches in the smallest dimension, and they are visible from the vicinity of the hall call button. Lanterns located in cars, visible from the vicinity of hall call buttons, and conforming to the above requirements, are acceptable. Standards § 4.10.4, Fig. 20.

iii. The elevator is inaccessible because there is no hoistway signage. Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high. Standards § 4.10.5, Fig. 20.

iv. The elevator is inaccessible because the door only stays open for 8 seconds and does not automatically reopen when it becomes obstructed by an object or a person. Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person. Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds. Standards §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

v. The elevator is inaccessible because the car control buttons do not have Braille, are mounted higher than 54 inches above the finished floor, have emergency controls that are grouped at the top of the panel, and have a main entry floor button that is not designated by a raised star. Provide car control buttons that are at least ¾ inch in their smallest dimension and are raised or flush and that are designated by Braille and by raised standard alphabet characters for letters, arabic characters for numerals, or standard symbols. Ensure that the call button for the main entry floor is designated by a raised star at the left of the floor designation; that all raised designations for control buttons are placed immediately to the left of the buttons to which they apply; that floor buttons are provided with visual indicators to show when each call is registered and are extinguished when each call is answered; that all floor buttons are no higher than 54 inches above the finished floor for a side approach and no more than 48 inches above the finished floor for a front approach; and that emergency controls, including the emergency alarm and emergency stop, are grouped at the bottom of the panel and have their centerlines no less than 35 inches above the finished floor. Standards § 4.10.12, Fig. 23.

vi. The elevator is inaccessible because there are no visual car position indicators. Provide visual car position indicators above the car control panel or over the door to show the position of the elevator in the hoistway. Ensure that indicators emit an audible and visual signal as the car passes or stops at a floor served by the elevator, with the corresponding floor designation being illuminated; and that numerals are a minimum of ½ inch high. Standards § 4.10.13.

G. Wheelchair Lift

i. The lift is inaccessible because there is no signage directing users to it. Provide accessible, directional signage with the International Symbol of Accessibility at entrances directing users to the accessible lift, and provide accessible signage with the International Symbol of Accessibility at the accessible lift. Standards §§ 4.1.3(8)(d), 4.13, 4.30.

H. Women’s Toilet Room located on the Second Floor

i. The toilet room sign is inaccessible. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The door is inaccessible because the pressure required to open the door is 15 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The seat cover dispenser in the designated accessible is inaccessible because it is mounted 50 inches above the finished floor and requires a forward approach. Provide a seat cover dispenser with 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iv. The coat hook in the designated accessible stall is inaccessible because it is mounted too high above the finished floor. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

v. The side grab bar in the designated accessible stall is inaccessible because it is 51 inches from the farther end to the rear wall and the space in between the grab bar and the wall is 3 ½ inches. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

vi. The rear grab bar at the toilet is inaccessible because it is 20 inches from the closer end to the side wall. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall. Standards §§ 4.17.6, 4.26.2, Fig. 30.

I. Men’s Toilet Room located on the Second Floor

i. The toilet room sign is inaccessible. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. The door is inaccessible because the pressure required to open the door is 15 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The seat cover dispenser in the designated accessible is inaccessible because it is mounted 60 inches above the finished floor and requires a forward approach. Provide a seat cover dispenser with 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iv. The side grab bar in the designated accessible stall is inaccessible because it is 32 inches above the finished floor, 51 inches long, and 3 1/4 inches from the closer end to the side wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d).

v. The rear grab bar in the designated accessible stall is inaccessible because it is 32 inches above the finished floor and 20 inches long. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 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 §§ 4.17.6, 4.26.2, Fig. 30.

J. Drinking Fountain

i. The built-in drinking fountain is inaccessible because its spout is 37 inches above the finished floor. Provide an accessible drinking fountain with a spout height no higher than 36 inches, measured from the finished floor to the spout outlet and a clear floor space of at least 30 inches by 48 inches that allows a person in a wheelchair to make a parallel approach to the unit. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a “hi-lo” fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards §§ 4.1.3(10)(a), 4.15.5(2), 4.2.4, Figs. 27(c), (d).


Attachment I to Settlement Agreement between the United States of America and Missoula County, Montana in DJ# 204-44-45


Access to County Programs Housed in Others’ Facilities

Paragraph 34 of the Agreement requires that within three 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.

Access to County Programs Housed in Others’ Facilities: In order to ensure that the County’s programs, services, and activities that are the subject of this Agreement and that are operated by the County at facilities owned or controlled by other entities, when viewed in its entirety, are readily accessible to and usable by persons with mobility impairments, the County will take the following actions:

1. Within six months of the effective date of this Agreement, the County will request, in writing, that the owner of the Office of Planning and Grants in City Hall located at 435 Ryman Street, make the following modifications:

A. Parking

i. Although the parking lot has a total of 14 parking spaces, there is no van accessible parking space. On the shortest accessible route to the accessible entrance, provide at least one van accessible space designated as reserved for people with disabilities. Ensure that the van accessible space is a minimum of 96 inches wide and served by an access aisle 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 the van accessible space, 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)(b), 4.6, 4.30.7(1).

B. Elevator

i. The elevator is inaccessible because the door only stays open for 10 seconds. Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person. Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds. Standards §§ 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

ii. The elevator is inaccessible because the emergency controls are grouped at the top of the panel. Provide emergency controls, including the emergency alarm and emergency stop, at the bottom of the control panel with their centerlines no less than 35 inches above the finished floor. Standards § 4.10.12, Fig. 23.

D. Interior Ramp on the Basement Floor

i. The ramp is inaccessible because its handrails do not extend at least 12 inches beyond the top and bottom of the ramp and have a 2 ½ inch gap between them and the wall. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Standards § 4.8.5.

E. Men’s and Women’s Toilet Rooms on the Basement Floor

i. Although an audible alarm is provided in this facility, there is no visual alarm appliance in the toilet rooms. Provide a visual alarm appliance in the toilet rooms. Standards §§ 4.28.1, 4.28.3.

ii. The soap dispenser is inaccessible because the controls are mounted at 51 inches above the finished floor and require a forward approach. Provide a soap 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.


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Updated August 6, 2015

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