Settlement Agreement Between The United States Of America And Town Of Vail, Colorado

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-13-275

BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of the Town of Vail, Colorado (Town) 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 Town 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 Town’s compliance with the following title II requirements:

· to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department’s title II regulation, 28 C.F.R. § 35.105;

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

· to designate a responsible employee to coordinate its efforts to comply with and carry out the Town’s ADA responsibilities, 28 C.F.R. § 35.107(a);

· to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);

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

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

· physical changes to buildings (required to 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 Town’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 facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements: Public Works Administration building at 1309 Elkhorn Drive; Donovan Park and Pavilion; Ford Park Amphitheater; Ellefson Park; Buffehr Creek Park; and the Town Police Department located at 75 South Frontage Road.

The Department’s program access review covered those of the Town’s programs, services, and activities that operate in the following facilities: Town Fire Department Headquarters Station #2 at 42 West Meadow Drive; the Town Library at 292 West Meadow Drive; the Municipal Building at 75 South Frontage Road; Vail Transportation Center at 241-251 East Meadow Drive; Lionshead Transportation Center at 368 South Frontage Road; the Community Development building at 111 South Frontage Road; Ford Park; Big Horn Park; Red Sandstone Park; and Stephen’s Park.

The Department conducted a program access review of the following polling places: Donovan Park Pavilion and the Municipal Building.

The Department reviewed the Town’s policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs.

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

JURISDICTION

1. The ADA applies to the Town 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 Town 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 Town’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 Town 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 the Town of Vail, Colorado.

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 THE TOWN OF VAIL

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

8. The Town adopted an ADA Grievance Procedure. 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 Town Council for review.

9. The ADA Committee was formed in 1992 to conduct a self-evaluation and develop a transition plan. In order to ensure that the programs offered at Town facilities are readily accessible to and usable by individuals with mobility impairments, the Town quickly installed signage and provided access to the lower level of the Municipal Building; installed signage, remodeled aisles, installed accessible entrance doors, and modified toilet rooms in the Library; installed accessible parking and modified toilet rooms in Ford Park and at the Amphitheater; installed signage at the Vail Transportation Center; installed signage and modified toilet rooms in Lionshead Transportation Center; installed an accessible parking space, signage, and modified toilet rooms in the Public Works Administration Building; and installed signage and accessible routes in various parks.

10. The Town’s 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.

REMEDIAL ACTION

NOTIFICATION

11. Within 12 months of the effective date of this Agreement, the Town 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 Town of Vail; 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.

12. Within 12 months of the effective date of this Agreement, and on yearly anniversaries of this Agreement until it expires, the Town will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the Town accessible programs, services, and activities.

GRIEVANCE PROCEDURE

13. Within 12 months of the effective date of this Agreement, the Town will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

14. Within 12 months of the effective date of this Agreement, the Town 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.).

15. The Town will take steps to ensure that all appropriate employees are trained and practiced in using the State of Colorado Relay Service to make and receive calls.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

16. Within 12 months of the effective date of this Agreement, the Town will adapt for its own use and implement the Town of Vail Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all Town officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].

17. Within 12 months of the effective date of this Agreement, the Town will contract with 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 Police Department or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

18. Within 12 months of the effective date of this Agreement, the Town will ensure that each Police Department station or substation 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 arrestees or inmate telephone calls are time-limited, the Town 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

19. Within one year of the effective date of this Agreement, the Town will develop and implement a way for persons who are blind or have low vision to vote independently and privately, whether through ballots and instructions in alternate formats (in-person and absentee), Braille templates and audio instructions, the provision of accessible voting machines, or some other method.

20. Within 12 months of the effective date of this Agreement, the Town will make all voter registration materials available in alternate formats, including Braille, large print, audio tape, and computer disk.

21. Starting 12 months from the effective date of this Agreement, when the Town purchases or otherwise acquires new voting machines, one such newly-acquired machine per polling location will be the most accessible model for persons with disabilities (including those with mobility and visual impairments) that has been approved for Town use by the applicable governing authority (e.g., State Secretary of Elections or other such official).

22. Starting 12 months from the effective date of this Agreement, when setting up its voting equipment, the Town will ensure that the equipment’s accessibility to persons with disabilities is maximized, such as setting up table-top equipment on accessible tables and within the reach ranges required by the Standards.

23. Starting 12 months from the effective date of this Agreement, the next election thereafter that utilizes the Town polling places, and at yearly anniversaries of the effective date of this Agreement until it expires, the Town will train poll workers on the rights of people with disabilities and the practical aspects of assuring those rights. The training will cover, at minimum, the need to maintain the physical accessibility of polling locations; how to assist people with disabilities, as necessary; and how to operate any non-standard voting equipment or accessible features of standard equipment (particularly new, accessible equipment).

EMERGENCY MANAGEMENT PROCEDURES AND POLICIES

24. Within 12 months of the effective date of this Agreement, the Town will implement and report to the Department its written procedures that ensure that it regularly solicits and incorporates input from persons with a variety of disabilities and those who serve them regarding all phases of its emergency management plan (preparation, notification, response, and clean up).

25. Within 12 months of the effective date of this Agreement, the Town will implement and report to the Department its written procedures that ensure that its community evacuation plans enable those who have mobility impairments, vision impairments, hearing impairments, cognitive disabilities, mental illness, or other disabilities to safely self-evacuate or be evacuated by others. Some communities are instituting voluntary, confidential registries of persons with disabilities who may need individualized evacuation assistance or notification. If the Town adopts or maintains such a registry, its report to the Department will discuss its procedures for ensuring voluntariness, appropriate confidentiality controls, and how the registry will be kept updated, as well as its outreach plan to inform persons with disabilities of its availability. Whether or not a registry is used, the Town plan should address accessible transportation needs for persons with disabilities.

26. Within 12 months of the effective date of this Agreement, the Town will implement and report to the Department its written procedures that ensure that if its emergency warning systems use sirens or other audible alerts, it will also provide ways to inform persons with hearing impairments of an impending disaster. The use of auto-dialed TTY messages to pre-registered individuals who are deaf or hard of hearing, text messaging, e-mails, open-captioning on local TV stations and other innovative uses of technology may be incorporated into such procedures, as well as lower-tech options such as dispatching qualified sign language interpreters to assist with emergency TV broadcasts.

27. Within 12 months of the effective date of this Agreement, the Town will implement and report to the Department its written procedures that ensure that at least one emergency shelter has a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice). Such shelter(s) will be made available to persons whose disabilities require access to electricity and refrigeration, for example, for using life-sustaining medical devices, providing power to motorized wheelchairs, and preserving certain medications, such as insulin, that require refrigeration. The written procedures will include a plan for notifying persons of the location of such shelter(s).

28. Within 12 months of the effective date of this Agreement, the Town will implement and report to the Department its written procedures that ensure that persons who use service animals are not separated from their service animals when sheltering during an emergency, even if pets are normally prohibited in shelters. The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons who, for safety or health reasons, should not be in contact with certain types of animals.

29. Within 12 months of the effective date of this Agreement, the Town will implement and report to the Department its written procedures that ensure that it has identified temporary accessible housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if people with disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features such as ramps or electrical systems have been compromised.

SIDEWALKS

30. Within 12 months of the effective date of this Agreement, the Town 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.

31. Beginning no later than 12 months after the effective date of this Agreement, the Town 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 12 months of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the Town 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 Town (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment H to this Agreement (it is also available at www.ada.gov/websites2.htm).

33. Within 12 months of the effective date of this Agreement, and throughout the life of the Agreement, the Town will do the following:

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

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

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

D. 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

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

PHYSICAL CHANGES TO FACILITIES

34. The elements or features of the Town’s facilities that do not comply with the Standards, including those listed in Attachments E, F and G, prevent persons with disabilities from fully and equally enjoying the Town’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.

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

36. Within 12 months of the effective date of this Agreement, the Town 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.

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

38. Altered Facilities: In order to ensure that the spaces and elements in the Town’s facilities for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the Town will take the actions listed in Attachment F.

39. Program Access in Town Existing Facilities: In order to ensure that each of the Town’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 Town will take the actions listed in Attachment G.

MISCELLANEOUS PROVISIONS

40. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the Town will submit written reports to the Department summarizing the actions the Town 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.

41. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the Town 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).

42. Within 12 months of the effective date of this Agreement, the Town will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The Town 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.

43. Within one year of the effective date of this Agreement, the Town will deliver its training program to all Town employees who have direct contact with members of the public. At the end of that period, the Town 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

44. If at any time the Town 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.

45. The Department may review compliance with this Agreement at any time. If the Department believes that the Town 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 Town 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 Town, 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.

46. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the Town 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.

47. 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.

48. 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 Town or the Department on request.

49. 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 Town’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

50. This Agreement will remain in effect for three years.

51. The person signing for the Town of Vail, Colorado, represents that he or she is authorized to bind the Town to this Agreement.

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

For the Town of Vail:

STAN ZEMLER,
Town Manager

By: ____________________________
75 South Frontage Road
Vail, Colorado 81657

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
NAOMI MILTON, Supervisory Attorney
BROOKS SINGER, Esq., Investigator
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 A to Settlement Agreement between the
United States of America and the Town of Vail in DJ# 204-13-275


TOWN OF VAIL, COLORADO

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the Town of Vail will not discriminate against qualified individuals with disabilities on the basis of disability in the Town of Vail’s services, programs, or activities.

Employment: The Town of Vail does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (“ADA”).

Effective Communication: The Town of Vail will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the Town of Vail’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The City/County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of the Town of Vail’s programs, services, and activities. For example, individuals with service animals are welcomed in the Town of Vail’s offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a Town of Vail program, service, or activity, should contact the office of the ADA Coordinator as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the Town of Vail to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaints that a Town of Vail program, service, or activity is not accessible to persons with disabilities should be directed to the Town Managers Office.

The Town will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.


Attachment B to Settlement Agreement between the United States of America
and the Town of Vail in DJ# 204-13-275
TOWN OF VAIL, COLORADO Grievance Procedure under The Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Town of Vail. The Town of Vail’s Personnel Policy governs employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:

The Town Managers Office
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
(970) 479-2100

Within 15 calendar days after receipt of the complaint, the Town Manager’s Office or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, Town Manager or his designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the Town of Vail and offer options for substantive resolution of the complaint.

If the response by the Town Manager’s Office or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Town Council or their designee.

Within 15 calendar days after receipt of the appeal, the Town Council or their designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Town Council or their designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by the ADA Coordinator, Town Manager’s Office or his designee, appeals to the Town Council or their designee, and responses from these two offices will be retained by the Town of Vail for at least three years.


Attachment C to Settlement Agreement between
the United States of America and the Town of Vail in DJ# 204-13-275

TOWN OF VAIL POLICE 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 D to Settlement Agreement between
the United States of America and the Town of Vail in DJ# 204-13-275

TOWN OF VAIL POLICE DEPARTMENT
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.

Contact numbers for your local sign language interpreters: _____________________________________________________________________________________________________________________


Attachment E to Settlement Agreement between
the United States of America and the Town of Vail in DJ# 204-13-275

Modifications to Newly Constructed Facilities

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

1. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Public Works Administration Building located at 1309 Elkhorn Road.

A. Parking

i. There is no directional signage from Elkhorn Drive directing people with disabilities towards the designated accessible parking spaces in the upper parking lot. Provide accessible directional signage with the International Symbol of Accessibility from the parking on Elkhorn Drive indicating the location of the designated accessible parking spaces in the upper parking lot. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

ii. There is no signage designating the accessible parking spaces as reserved for people with diabilities. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

iii. There are an insufficient number of parking spaces in the lot, and there is no van-accessible parking space with a 96 inch access aisle and van-accessible sign. Provide an additional parking space that is van accessible. 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 van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

B. Signage

i. There is no accessible permanent room signage provided for the offices in the building. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards
§§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

C. Lobby Service Counter

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

D. Drinking Fountains

i. The drinking fountain provided is inaccessible because there is inadequate knee clearance. 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. For each accessible drinking fountain, provide adequate knee clearance and clear floor space at the fountain. Standards §§ 4.1.3(10), 4.15, 4.27.4, Fig. 27.

ii. 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).

E. Men’s and Women’s Toilet Rooms

i. The paper towel dispenser is inaccessible because it is mounted at 54 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

ii. The sanitary napkin dispenser is inaccessible because it does not have accessible hardware. Provide a sanitary napkin dispenser with mechanical controls, if any, 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 (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.1.3(13), 4.27.4.

iii. The toilet in each toilet room is inaccessible because the centerline of the toilet in the women’s designated accessible stall is 21 ½ inches, and in the men’s designated accessible stall is 22 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

iv. The toilet paper dispenser in each designated accessible stall is inaccessible because it is mounted above the side grab bar. 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 §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

v. The toilet in the women’s designated accessible stall is inaccessible because the top of the seat is 16 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.16.3, 4.17.2, Fig. 30(d).

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

vii. There is no accessible coat hook provided in the women’s designated accessible stall. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

2. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Donovan Park and John F. Donovan Pavilion.

A. Parking

i. There is no signage designating one parking space at the playground as reserved, and there is no sign designating a parking space as van accessible. 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. Provide at least one van accessible space, with an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).

B. Picnic Tables

i. There is no accessible picnic table provided at the restroom facility. Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground. Standards §§ 4.1.3(18), 4.32.3, 4.32.4.

C. Drinking Fountains

i. The drinking fountain provided in the Pavilion is inaccessible because there is inadequate knee clearance. 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. For each accessible drinking fountain, provide adequate knee clearance and clear floor space at the fountain. Standards §§ 4.1.3(10), 4.15, 4.27.4, Fig. 27.

ii. There is no drinking fountain provided in the Pavilion 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).

D. Outdoor Men’s and Women’s Toilet Room Facility

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

ii. There are no accessible clothes hooks provided in each toilet room. Provide at least one clothes hook in each toilet room at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iii. The toilet paper dispenser in each designated accessible stall is inaccessible. 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 §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

E. John F. Donovan Pavilion Men’s and Women’s Toilet Rooms

i. The entry door opening pressure for each toilet room is greater than 5 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

3. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Ford Park Amphitheater.

A. Parking

i. There is no van accessible parking space with a 96 inch wide access aisle and van accessible sign. Provide a parking space that is van accessible. 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 van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

B. Men’s and Women’s Public Toilet Rooms

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

ii. The urinals in the men’s toilet room are inaccessible because the rims are 23 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.1.3(11), 4.22.5, 4.18.2, 4.18.3, 4.18.4.

iii. The designated accessible stall in the men’s toilet room is inaccessible because it is 42 inches wide. Provide a “standard” accessible toilet stall 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 stall’s elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards. Standards §§ 4.1.3(11), 4.22.4, 4.22.7, 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

iv. The toilet in the men’s designated accessible stall is inaccessible because the centerline of the toilet is 20 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

v. There is no rear grab bar provided in the men’s designated accessible stall. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.17.6, 4.26.2, Fig. 30.

vi. The toilet paper dispenser in the men’s designated accessible stall is inaccessible because it is mounted above the side grab bar. 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 §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

vii. There is no accessible coat hook provided in the men’s designated accessible stall. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

viii. The toilets are inaccessible in the designated accessible stall on the east wall of the westside and the eastside of the women’s toilet room because the flush controls are on the closed side of the stall. Provide a flush control in each stall mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

C. Men’s and Women’s Backstage Dressing Rooms

i. There is no accessible signage provided for each dressing room. Provide a dressing room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The shower is inaccessible because there is a 2 inch threshold at the entry to the shower, and no grab bar is provided. Ensure that the shower has a threshold that is no greater than ¼ inch, or is no greater than ½ inch and is beveled with a slope no greater than 1:2 and, has a grab bar, and a shower spray unit, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards §§ 4.1.3(11), 4.21, Figs. 35, 36, 37.

4. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to Ellefson Park.

A. Parking

i. There is no directional signage at the lower parking lot directing people with disabilities towards the designated accessible parking spaces in the upper parking lot. Provide accessible directional signage with the International Symbol of Accessibility from the lower parking lot indicating the location of the designated accessible parking spaces in the upper parking lot. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

ii. There is no van accessible parking space with a 96 inch wide access aisle and van accessible sign. Provide a parking space that is van accessible. 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 van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

B. Picnic Tables

i. There are no accessible picnic tables provided at the restroom facility. Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground. Standards §§ 4.1.3(18), 4.32.3, 4.32.4.

C. Drinking Fountains

i. There is no drinking fountain provided for people who have difficulty bending or stooping. 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).

D. Men’s and Women’s Unisex Toilet Room

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

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

5. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to Buffehr Creek Park.

A. Parking

i. There is no van accessible parking space with a 96 inch wide access aisle and van accessible sign. Provide a parking space that is van accessible. 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 van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

B. Drinking Fountains

i. There is no drinking fountain provided for people who have difficulty bending or stooping. 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).

C. Unisex (Family) Toilet Room Facility

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

ii. The toilet paper dispenser in the accessible stall in each toilet room is inaccessible because it is mounted above the side grab bar. 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 §§ 4.1.3(11), 4.22.4, 4.17.3, Fig.30(d).


Attachment F to Settlement Agreement between
the United States of America and the Town of Vail in DJ# 204-13-275

Modifications to Altered Facilities

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

1. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Town Police Department located at 75 South Frontage Road.

A. Holding Cells

i. The holding cell has an inaccessible toilet-lavatory unit and there are no grab bars provided. Provide an accessible toilet-lavatory unit with clear floor space at the toilet that complies with Fig. 28; and 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 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. 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. Ensure that the lavatory complies with the Standards for heights and clearances, clear floor space, faucet controls, etc.. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.16.2, 4.16.3, 4.16.5, 4.26.2, 4.19, 4.27.4, Figs. 28, 29, 31.

B. Ramps

i. There is no edge protection on the outside of the ramp leading to the holding cells. Provide edge protection at least 2 inches high at the drop off sides. Standards §§ 4.1.2(1), 4.1.2(2), 4.1.6(1)(b), 4.3.8, 4.8.7.


Attachment G to Settlement Agreement between
the United States of America and the Town of Vail in DJ# 204-13-275

Program Access in Existing Facilities

Please Note: Paragraph 34 of the Agreement requires that within three months of the effective date of this Agreement, the Town 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. Program Access in Existing Facilities: In order to ensure that each of the Town 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 Town will take the following actions:

3. The Parties agree that 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.

4. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Town Fire Department #2 - Main Station at 42 West Meadow Drive.

A. Parking

i. There is no accessible parking space with an adjacent access aisle provided. Ensure that an accessible parking space is provided. The parking space should be van accessible, at least 96 inches wide and served by access aisles at least 96 inches wide. At van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).

B. Signage

i. There is no signage provided at the entrance call button. Provide accessible signage with the International Symbol of Accessibility at the entrance call button. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

C. Entrances

i. The exterior entry door hardware is inaccessible. 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.

5. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Town Library at 292 West Meadow Drive.

A. Interior Ramps

i. There are no handrails provided on each side of the ramp leading to the interior entrance of the library. Provide a handrail on each side of the ramp that is between 1¼ inches and 1½ inches in diameter with a continuous gripping surface, 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.

B. Public Telephones

i. The public telephone in the lobby of the Library is inaccessible because there is not adequate clear floor space, and there is no volume control provided. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with a cord of at least 29 inches long from the telephone to the handset; and with signage complying with the Standards. Standards §§ 4.31, 4.30.7(2).

C. Men’s and Women’s Toilet Rooms

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

ii. The toilet is inaccessible in the women’s designated accessible stall because the flush control is on the closed side of the stall. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.22.4, 4.16.5, 4.17.2, 4.27.4.

iii. There is no accessible coat hook provided in the women’s designated accessible stall. 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

6. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Town Municipal Building at 75 South Frontage Road.

A. Parking

i. There is no van accessible parking space with a 96 inch wide access aisle and van accessible sign provided in the parking lot. Provide a parking space that is van accessible. 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 van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2 (5), 4.6, 4.30.7(1).

B. Exterior Ramps

i. The ramp is inaccessible because there is no edge protection provided on the outside segment of the exterior entrance ramp. Provide edge protection at least 2 inches high at the drop off sides. Standards § 4.8.7.

ii. The ramp is inaccessible because the handrails are not continuous on the outside segment of the exterior entrance ramp, and there are no handrail extensions provided at the bottom of the ramp. Provide handrails that are between 1¼ inches and 1½ inches in diameter such that the inside handrail is continuous and both handrails have 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; the handrails do not rotate within their fittings; and both 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. Standards § 4.8.5.

C. Town Clerk’s Office

i. There is no signage at the bottom of the stairway leading to the Town Clerk’s Office directing people with disabilities to the main level Information counter. Provide directional signage directing people with disabilities to the main level Information counter mounted at the bottom of the stairway leading to the Town Clerk’s Office. Standards §§ 4.30.2, 4.30.3, 4.30.5.

D. Main Level Information Service Counter

i. The main level Information service counter is inaccessible because it is mounted at 45 inches above the finished floor. Provide a counter 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), 4.1.3(1), 4.3.

E. Town Attorney’s Office Service Counter

i. The main level Town Attorney service counter is inaccessible because it is mounted at 42 inches above the finished floor. Provide a counter 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), 4.1.3(1), 4.3.

F. Signage

i. There is no accessible permanent room signage provided for the offices in the building. Provide permanent room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. Standards
§§ 4.1.2(7), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. There is no signage at the Town Council Chambers indicating that Assistive Listening Devices are available upon request. Provide a sign at the Town Council Chambers indicating that Assistive Listening Devices are available upon request. Standards §§ 4.1.3(19)(b), 4.30.

G. Drinking Fountains

i. The drinking fountain provided is inaccessible because there is inadequate knee clearance. 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. For each accessible drinking fountain, provide adequate knee clearance and clear floor space at the fountain. Standards §§ 4.15, 4.27.4, Fig. 27.

ii. 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).

H. Interior Doors

i. The main level interior Conference Room door hardware 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 lower level Municipal Court door hardware 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 lower level Finance Office door hardware 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.

I. Main Level Men’s and Women’s Toilet Rooms

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

ii. The 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.

iii. The urinal in the men’s toilet room is inaccessible because the rim is 23 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.18.2, 4.18.3, 4.18.4.

iv. The sanitary napkin dispenser is inaccessible because the controls are mounted at 58 inches above the finished floor. Provide a sanitary napkin 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.

v. The seat cover dispenser in each designated accessible stall is inaccessible because it is mounted over the toilet at an inaccessible height. Provide a seat cover 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 toilet paper dispenser in each designated accessible stall is inaccessible because it is mounted above the side grab bar. 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).

vii. The toilet is inaccessible in the men’s designated accessible stall because the flush control is on the closed side of the stall. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.

viii. There is no accessible coat hook provided in each designated accessible stall. 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.

L. Lower Level Men’s and Women’s Toilet Rooms

i. There is no signage at the lower level inaccessible toilet rooms directing people with disabilities to the accessible toilet rooms on the main level. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

7. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Vail Transportation Center at 241-251 East Meadow Drive.

A. Parking

i. There is no directional signage from South Frontage Road directing people with disabilities towards the designated van accessible parking spaces in the upper parking lot. Provide accessible directional signage with the International Symbol of Accessibility at the entrance to the parking structure on South Frontage Road indicating the location of the designated van accessible parking spaces in the upper parking lot. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

ii. The parking spaces in the parking structure are inaccessible because there are no access aisles provided for each space. At each standard accessible space, provide an access aisle at least 60 inches wide. At each van accessible space, provide an access aisles at least 96 inches wide. Ensure that all access aisles 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), 4.6.3, Fig. 9.

B. Service Counters

i. The Greyhound service counter in the bus terminal is inaccessible because it is mounted at 37 ½ inches above the finished floor. Provide a counter 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), 4.1.3(1), 4.3.

ii. The Town Police Department annex service counter in the bus terminal is inaccessible because it is mounted at 44½ inches above the finished floor. Provide a counter 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), 4.1.3(1), 4.3.

iii. The ECO service counter in the bus terminal is inaccessible because it is mounted at 41½ inches above the finished floor. Provide a counter 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), 4.1.3(1), 4.3.

iv. The 3rd level Coffee Bar service counter in the parking structure is inaccessible because it is mounted at 44 inches above the finished floor. Provide a counter 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), 4.1.3(1), 4.3.

v. The Vail Information Center service counter in the parking structure is inaccessible because it is mounted at 45 inches above the finished floor. Provide a counter 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), 4.1.3(1), 4.3.

C. Public Telephones

i. The public telephone located on the westside exterior of the bus terminal is inaccessible because it is mounted at 58 inches above the finished floor, and there is no volume control provided. Provide an accessible telephone with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; and with a cord of at least 29 inches long from the telephone to the handset. Standards § 4.31.

ii. The lowered public telephone located on the 3rd level near the restrooms is inaccessible because there is no volume control provided. Provide an accessible telephone that is hearing aid compatible and has a volume control mechanism; and provide signage complying with the Standards. Standards §§ 4.31, 4.30.7(2).

iii. The public telephone located at the Vail Information Center is inaccessible because it is mounted at 55 inches above the finished floor, there is no volume control provided, and there is no adequate clear floor space provided. 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 a cord of at least 29 inches long from the telephone to the handset; and with signage complying with the Standards. Standards §§ 4.31, 4.30.7(2).

D. Elevator

i. The Westside elevator signage in the parking structure is inaccessible because there is no hoistway signage provided on the 2nd and 3rd levels. Provide signage at hoistway entrances on each level 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.

E. Drinking Fountains

i. The fountain located on the 3rd level near the restrooms is inaccessible because there is no drinking fountain provided for people who have difficulty bending or stooping. 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 §§ 4.15, 4.27.4, Fig. 27.

F. Men’s and Women’s Toilet Rooms on 3rd Level Westside

i. There is no accessible signage provided for each toilet room for people with disabilities. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

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

iii. There is no accessible mirror provided in each toilet room. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards § 4.19.6.

iv. The toilet is inaccessible in the men’s designated accessible stall because the flush control is on the closed side of the stall. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.

G. Men’s and Women’s Toilet Rooms on 2nd Level Westside in Parking Structure

i. There is no accessible signage for each toilet room for people with disabilities. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

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

iii. The toilet is inaccessible because the centerline of the toilet in each accessible stall is 19½ inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.

iv. The toilet is inaccessible in the men’s designated accessible stall because the flush control is on the closed side of the stall. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.

v. The toilet paper dispenser in each designated accessible stall is inaccessible because it is mounted above the side grab bar. 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).

vi. The sanitary napkin disposal in the women’s designated accessible stall protrudes into the clear floor space of the toilet. Provide a sanitary napkin disposal in a location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into the clear floor space of the toilet. Standards § 4.4.

vii. There is no accessible coat hook provided in each designated accessible stall. 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.

H. Men’s Toilet Room 2nd Level Eastside and Women’s Toilet Room 3rd Level Eastside in Parking Structure

i. There is no accessible signage for each toilet room for people with disabilities. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

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

iii. The lavatory is inaccessible because the counter is 36 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 seat cover dispenser in the men’s designated accessible stall is inaccessible because it is mounted at an inaccessible height. Provide a seat cover 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.

v. The toilet is inaccessible in each designated accessible stall because the flush control is on the closed side of the stall. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.

vi. There is no accessible coat hook provided in the women’s designated accessible stall. 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.

8. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Lionshead Transportation Center at 368 South Frontage Road.

A. Parking

i. There is no directional signage from South Frontage Road directing people with disabilities towards the designated van accessible parking spaces in the upper parking lot. Provide accessible directional signage with the International Symbol of Accessibility from the entrance to the parking structure on South Frontage Road indicating the location of the designated van accessible parking spaces in the upper parking lot. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

ii. The parking spaces in the parking structure are inaccessible because there are no access aisles provided for each space. At each standard accessible space, provide an access aisle at least 60 inches wide. At each van accessible space, provide an access aisles at least 96 inches wide. Ensure that all access aisles 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), 4.6.3, Fig. 9.

B. Accessible Route

i. There is no accessible route to the Colorado Mental Health Center located in the parking structure. Provide at least one accessible route to the Colorado Mental Health Center from the parking structure. The accessible route must have a ramp, elevator, or platform lift, with 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.

C. Signage

i. There is no directional signage at the lower level Subway and Youth Services southside exterior entrance on Meadow Road directing people with disabilities towards the designated accessible route to the Colorado Mental Health Center located in the parking structure. Provide accessible directional signage with the International Symbol of Accessibility at the exterior entrance on Meadow Road indicating the location of the designated accessible route to the Colorado Mental Health Center entrance. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

ii. There is no directional signage at the lower level Subway and Youth Services northside exterior entrance from inside the parking structure directing people with disabilities towards the designated accessible route to the Subway and Youth Services Office. Provide accessible directional signage with the International Symbol of Accessibility at the exterior entrance inside the parking structure indicating the location of the designated accessible route to the Subway and Youth Services Office entrance on Meadow Road. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

D. Service Counters

i. The Colorado Mental Health Center service counter in the bus terminal is inaccessible because it is mounted at 37 ½ inches above the finished floor. Provide a counter 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), 4.1.3(1), 4.3

E. Public Telephones

i. The public telephone located at the entrance of the Vail Information Center is inaccessible because it is mounted at an inaccessible height, and there is no volume control provided. Provide an accessible telephone with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with a cord of at least 29 inches long from the telephone to the handset, and with signage in compliance with the Standards. Standards §§ 4.31, 4.30.7(2).

ii. The public telephone located at the lower level Subway in the parking structure is inaccessible because there is no volume control provided. Provide an accessible 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 has a volume control mechanism; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards. Standards §§ 4.31, 4.30.7(2).

F. Drinking Fountains

i. The drinking fountain provided at the lower level Subway in the parking structure is inaccessible because there is inadequate knee clearance. 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. For each accessible drinking fountain, provide adequate knee clearance and clear floor space at the fountain. Standards §§ 4.15, 4.27.4, Fig. 27.

ii. There is no drinking fountain provided at the lower level Subway in the parking structure 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).

G. Men’s and Women’s Lower Level Toilet Rooms

i. There is no accessible signage for each toilet room for people with disabilities. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

ii. The entry door opening pressure for the men’s toilet room is greater than 5 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

iii. The lavatory in each toilet room is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.

iv. The seat cover dispenser in the men’s designated accessible stall is inaccessible because it is mounted at an inaccessible height, and in the women’s because it interferes with the operation of the rear grab bar. Provide a seat cover 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.

v. The toilet paper dispenser in each designated accessible stall is inaccessible because it is mounted 43 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).

9. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to the Community Development building at 111 South Frontage Road.

A. Parking

i. The parking spaces in the parking structure are inaccessible because there are no access aisles provided for each space. At each standard accessible space, provide an access aisle at least 60 inches wide. At each van accessible space, provide an access aisles at least 96 inches wide. Ensure that all access aisles 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), 4.6.3, Fig. 9.

B. Signage

i. There is no directional signage at the Southside entrance directing people with disabilities towards the designated accessible Northside entrance. Provide accessible directional signage with the International Symbol of Accessibility at the Southside entrance indicating the location of the designated accessible Northside entrance. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

C. Service Counters

i. The Building and Planning Department workstation counter is inaccessible because it is mounted at 43 inches above the finished floor. Provide a counter 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), 4.1.3(1), 4.3

ii. The Building and Planning Department general Reception service counter is inaccessible because it is mounted at 43 inches above the finished floor. Provide a counter 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), 4.1.3(1), 4.3

D. Drinking Fountains

i. The drinking fountain provided at the lower level Subway in the parking structure is inaccessible because there is inadequate knee clearance. 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. For each accessible drinking fountain, provide adequate knee clearance and clear floor space at the fountain. Standards §§ 4.15, 4.27.4, Fig. 27.

ii. There is no drinking fountain provided at the lower level Subway in the parking structure 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).

E. Men’s and Women’s Toilet Rooms

i. The men’s single user toilet room contains a number of inaccessible elements, including a 28 inch wide entry door, and is not accessible to people with disabilities. Provide an accessible men’s or unisex toilet room such that all of the room’s elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, mirror, controls, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.

ii. There is no accessible signage provided with the International Symbol of Accessibility and raised and Braille characters for each toilet room. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters at the designated accessible toilet room. Also, provide directional signage at the inaccessible toilet room directing people with disabilities to the accessible toilet room. Each 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.

iii. The lavatory in the women’s toilet room is inaccessible because the hot water pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards § 4.19.4.

iv. The mirror in the women’s toilet room is inaccessible. 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 toilet in the women’s toilet room is inaccessible because the top of the seat is 16 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. The toilet is inaccessible in the women’s toilet room because its centerline measures 15½ 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.

vii. The side grab bar at the toilet in the women’s toilet room is inaccessible because it is not continuous. 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. Standards § 4.16.4, Fig. 29(b).

viii. The toilet paper dispenser is inaccessible in the women’s toilet room because it is mounted above the side grab bar. Provide a toilet paper dispenser that is mounted within reach, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards § 4.16.6, Fig. 29(b).

ix. The toilet is inaccessible in the women’s toilet room because the flush control is on the closed side of the stall. Provide a flush control mounted on the “open” side of the toilet’s clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.27.4.

10. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to Ford Park.

A. Parking

i. Each parking space in the Upper Bench main parking lot does not have signage designating it as reserved for people with disabilities. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Standards §§ 4.6.4, 4.30.7(1).

ii. There is no van accessible parking space with a 96 inch wide access aisle and van accessible sign provided in the main parking lot. Provide a parking space that is van accessible. 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 van accessible spaces, provide an additional “Van-Accessible” sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

B. Picnic Table Pavilion

i. There are no accessible picnic tables provided at the Pavilion. Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground. Standards §§ 4.32.3, 4.32.4.

C. Men’s and Women’s Toilet Room Facility at Lower Bench

i. There is no signage provided for the toilet room with raised and Braille characters. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

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

iii. The toilet paper dispenser in the designated accessible stall in each toilet room is inaccessible because it is mounted above the side grab bar. 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).

11. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to Big Horn Park.

A. Men’s and Women’s Toilet Room Facility

1. There is no signage provided for the toilet room with raised and Braille characters. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

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

3. The toilet paper dispenser in the designated accessible stall in each toilet room is inaccessible because it is mounted above the side grab bar. 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).

12. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to Red Sandstone Park.

A. Men’s and Women’s Toilet Room Facility

i. There is no signage provided for the toilet room with raised and Braille characters. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

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

iii. The toilet paper dispenser in the designated accessible stall in each toilet room is inaccessible because it is mounted above the side grab bar. 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).

13. Within 12 months of the effective date of this agreement, the Town will complete the following modifications to Stephen’s Park.

A. Men’s and Women’s Toilet Room Facility

i. There is no signage provided for the toilet room with raised and Braille characters. Provide a toilet room sign with raised and Braille characters. The sign shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

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

iii. The toilet paper dispenser in the designated accessible stall in each toilet room is inaccessible because it is mounted above the side grab bar. 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).


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Updated August 6, 2015

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