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Settlement Agreement

ATTACHMENT A



I. New construction features to be addressed

The following features require modifications in order to comply with ADAAG:

A. Donaldson campus

  1. Parking
    1. East side parking

      1. Ensure that the curb ramps have detectable warnings.  ADAAG 4.7.7 and 4.29.2 require curb ramps to have detectable warnings with truncated domes and visual contrast.

      2. Ensure that the southernmost curb ramp has the proper slope.  ADAAG 4.7.2 and 4.8.2 require the slope of the curb ramp to be 1:12 or less in new construction.

      3. Ensure that the flared sides of the two southernmost curb ramps have proper slopes.  ADAAG 4.7.5 requires that curb ramps have side flare slopes of 1:10 or less.

      4. Ensure that the parking spaces and access aisles on the east side have proper slope measurements.  ADAAG 4.6.3 requires that all accessible parking spaces and access aisles be level with no slope greater than 1:50 in all directions.

      5. Ensure that the signage is correct for van-accessible parking spaces in the east parking area.  The east parking area has three parking spaces identified as van-accessible, but only the northernmost space complies with ADAAG 4.1.2(5)(b), which requires that access aisles for van-accessible parking spots be at least 96” wide.  While the parking area only requires one van-accessible space, the current signage misidentifies two regular disabled parking spaces as van-accessible.

    2. North side parking

      Ensure that the two disabled parking spaces and access aisle have proper slopes and cross-slopes.  ADAAG 4.6.3 requires that all accessible parking spaces and access aisles be level with no slope greater than 1:50 in all directions.

  1. Restrooms
    1. First floor men’s restroom - north end


      1. Ensure that the restroom door uses the proper amount of force (lbf) to open.  ADAAG 4.13.11 requires interior doors to have a minimum opening force of 5 lbf.


      2. Ensure that the toilet paper in the accessible stall is in the proper location.  ADAAG 4.16.6 requires toilet paper dispensers to be mounted below the grab bar, at least 19” from the floor.

    2. First floor women’s restroom - north end

      1. Ensure that the restroom door uses the proper amount of force to open.  ADAAG 4.13.11 requires interior doors to have a minimum opening force of 5 lbf.

      2. Ensure the shelf height is proper.  The only shelf in the restroom was 65” high with a parallel approach.  When a parallel approach is provided, the maximum shelf height is 54”, according to ADAAG 4.25.3.

      3. Ensure that the toilet paper in the accessible stall is in the proper location.  ADAAG 4.16.6 requires toilet paper dispensers to be mounted below the grab bar, at least 19” above the floor.

    3. Men’s second floor restroom stall
    4. Ensure that the toilet paper dispenser in the men’s restroom stall is in the proper location.  ADAAG 4.16.6 requires the toilet paper dispenser to be mounted below the grab bar, at least 19” from the floor.

    5. Women’s second floor restroom stall
    6. Ensure that the toilet paper dispenser in the women’s restroom stall is in the proper location.  ADAAG 4.16.6 requires the toilet paper dispenser to be mounted below the grab bar, at least 19” from the floor.

    7. Men’s basement restroom


      1. Ensure that the entrance door uses the proper amount of force to open.  ADAAG 4.13.11 requires interior doors to have a minimum opening force of 5 lbf.


      2. Ensure that the toilet paper dispenser is in the proper location.  ADAAG 4.16.6 requires the toilet paper dispenser to be mounted below the grab bar, at least 19” from the floor.


    8. Women’s basement restroom


      1. Ensure that the entrance door uses the proper amount of force to open.  ADAAG 4.13.11 requires interior doors to have a minimum opening force of 5 lbf.


      2. Ensure that the toilet paper dispenser is in the proper location.  ADAAG 4.16.6 requires the toilet paper dispenser to be mounted below the grab bar, at least 19” from the floor.

  1. Rooms
    1. Classroom/lab 131
    2. Ensure that the entrance door uses the proper amount of force to open.  ADAAG 4.13.11 requires interior doors to have a minimum opening force of 5 lbf.

    3. Science lab A


      1. Ensure that the entrance door uses the proper amount of force to open.  ADAAG 4.13.11 requires interior doors to have a minimum opening force of 5 lbf.


      2. Ensure that the emergency shower’s pull control is at the proper height.  ADAAG 4.2.5 and 4.2.6 allow maximum reaches of 48” for a forward approach and 54” for a parallel approach.


    4. Faculty/Administrative area
    5. Ensure that the door leading to this area uses the proper amount of force to open.  ADAAG 4.13.11 requires interior doors to have a minimum opening force of 5 lbf.

B. Airport campus

  1. Restrooms
    1. Women’s non-staff restroom closest to main entrance (the disabled toilet stall is held to the ADAAG standard but the rest of the restroom is an existing facility; see section II, below)


      1. Ensure that the toilet paper dispenser in the women’s restroom stall is in the proper location.  ADAAG 4.16.6 requires the toilet paper dispenser to be mounted below the grab bar, at least 19” from the floor.


      2. Ensure that the stall width is proper.  ADAAG 4.17.3 requires it to be at least 60” wide.


      3. Ensure there is the proper amount of space between the back wall and the back grab bar in the disabled toilet stall.  ADAAG 4.26.2 requires that grab bars be 1 ½” from the wall.


    2. Men’s non-staff restroom closest to main entrance (the disabled toilet stall is held to the ADAAG standard but the rest of the restroom is an existing facility; see section II, below)


      1. Ensure there is the proper amount of space between the back wall and the back grab bar in the disabled toilet stall.  ADAAG 4.26.2 requires that grab bars be 1 ½” from the wall.


      2. Ensure the toilet paper dispenser in the men’s restroom stall is in the proper location.  ADAAG 4.16.6 requires the toilet paper dispenser to be mounted below the grab bar, at least 19” from the floor.
  1. Annex area
    1. Unisex restroom in annex
    2. Ensure the coat hook is at the proper height.  According to ADAAG 4.2.5 and 4.2.6, the maximum height for an object with a forward reach is 48”, and the maximum height for an object with a side reach is 54”.

    3. Break room in annex


      1. Ensure that the pipes under the sink are insulated.  According to ADAAG 4.19.4, hot water pipes and drain pipes must be insulated or otherwise configured to protect against contact.


      2. Ensure that the paper towel dispenser is at the proper height.  According to ADAAG 4.2.5 and 4.2.6, the maximum height for a dispenser with a forward reach is 48”, and the maximum height for an object with a side reach is 54”.
  1. Ramp, in center of building, near break room
    1. Ensure that the ramp has the proper slope.  ADAAG 4.8.2 requires a ramp to have a slope no greater than 1:12 or one foot rise in 12 feet.


    2. Ensure that the ramp’s maximum rise is proper.  ADAAG 4.8.2 requires that the rise for any run can be a maximum of 30”.


    3. Ensure that the handrails are at the proper height.  ADAAG 4.8.5 requires the top of the handrail to be between 34-38” above the ramp surface.


    4. Ensure that the handrail has the proper amount of extension beyond the top and bottom of the ramp.  ADAAG 4.8.5 requires handrails to extend at least 12 inches beyond the top and bottom of a ramp.


    5. Ensure that the handrail has the proper diameter.  ADAAG 4.8.5 and 4.26.2 require the diameter of the handrail to be between 1 ¼ and 1 ½”.


    6. Ensure there is proper clearance between the wall and the handrail.  ADAAG 4.8.5 and 4.26.2 require that the clearance between walls and handrails be exactly 1 ½”.

C. Both Campuses

    Ensure that no obstacles inhibit the minimum clearance space around accessible routes and features and that the surface area of routes are stable, firm, and slip-resistant.  Actions should resolve issues regarding blocked curb ramps, blocked access to towel dispensers, blocked access to automatic door buttons at entrances, blocked access to accessible sinks in labs, and keeping parking spaces free of snow and debris.  See ADAAG 4.27.2, 4.7.3, 4.3.3, 4.3.6 and 4.5.1. 

II. Existing facilities features to be addressed

    In order to comply with Section 504 and Title II, the university must operate the programs and services contained in these facilities so that, when viewed in their entirety, they are readily accessible to disabled persons.  The university may comply with this program accessibility standard through means such as making alterations to the facility, reassignment of classes or other services to accessible buildings, assignment of aides, or constructing new facilities, or any other methods that result in making its program or activity accessible to disabled persons.  The reference to ADAAG following the description of the accessibility concern is intended to provide guidance as to the current accessibility standard if modifications are made to the feature.

    If the university elects to make alterations to its facilities rather than providing program accessibility through another means, the following features need to be addressed.

A. Donaldson Campus

    1. First floor men’s restroom - center


      1. Ensure that the entrance door is sufficiently wide.  The entrance door was 29” wide.  ADAAG 4.13.5 requires at least 32” door clearance when the door is open 90 degrees.


      2. Ensure there is sufficient turning distance.  The entrance door enters into a short hallway, requiring a 90 degree turn around at the end of a wall.  The distance between the side wall and back wall at the turn is 33”.  ADAAG requires a minimum of 36” between the walls at a 90 degree turn.


      3. Ensure the shelf height is proper.  The only shelf was 74 ¾” high.  ADAAG 4.25.3 limits shelf heights to a maximum of 54” with a parallel approach.


      4. Ensure there is signage indicating the location of an alternative accessible restroom.  34 C.F.R. 104.22(f) requires recipients to implement procedures so that persons can obtain information on the location of accessible facilities.


    2. First floor women’s restroom - center


      1. Ensure the entrance door is sufficiently wide.  The entrance door was 29” wide.  ADAAG 4.13.5 requires at least 32” door clearance when the door is open 90 degrees.


      2. Ensure the shelf height is proper.  The only shelf was 63” high.  ADAAG 4.25.3 limits shelf heights to a maximum of 54” with a parallel approach.


      3. Ensure there is signage indicating the location of an alternative accessible restroom.  34 C.F.R. 104.22(f) requires recipients to implement procedures so that persons can obtain information on the location of accessible facilities.


    3. Staff restrooms

      Ensure that the men’s and women’s staff restrooms are accessible.  The men’s restroom’s entrance door was 29 ½” wide, the sink pipes were not wrapped, the stall door was 29 ½” wide, and there were no grab bars.  The women’s restroom was the same, except that it had a single grab bar in the stall.  The restrooms had no signage indicating the location of the nearest accessible restroom.

B. Airport Campus

  1. Staff restrooms

    Ensure that the men’s and women’s staff restrooms are accessible.  Each restroom had 29” clearance at the entrance doors, a 27” route to the stall, a 22 ½” stall door, and no grab bars in the stall.  The restrooms did not have signage indicating the nearest accessible restroom.

  2. Women’s non-staff restroom near main entrance (Existing facility except for the stall, which is new construction, see section I, above)


    1. Ensure that the pipes under the sinks are insulated.  ANSI 5.6.3 states that it is important that drain pipes and hot water pipes under a lavatory be covered or insulated so that a wheelchair user without sensation does not burn herself, and ADAAG 4.19.4 requires insulated hot water and drain pipes, or otherwise configured to protect against contact.


    2. Address the 2” vertical change in level at the entrance to the shower area.  ANSI 5.5.2 states that floors need to be level, and ADAAG 4.3.8 and 4.5.2 only allows a vertical change in level up to ¼”.


  3. Men’s non-staff restroom near main entrance (Existing facility except for the stall, which is new construction, see section I, above)

    Address the 2” vertical change in level at the entrance to the shower area.  ANSI 5.5.2 states that floors need to be level, and ADAAG 4.3.8 and 4.5.2 only allows a vertical change in level up to ¼”.



   
Last Modified: 01/15/2020