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Home My WebLink About2019-09-01 Draft Building Assessment ADA Assessment City of Saratoga Prepared for: City of Saratoga Prepared By: BKF Engineers Walnut Creek, CA Prepared By: Norm Dyer, CASp 760 Project Number: 20181703 September 1, 2019 ADA Site Assessment City of Saratoga Table of Contents Purpose 1 Scope of Work 1 How to Read this Assessment 2 List of Buildings Assessed 2 Key Maps Part 1 Assessment Part 2 Photos Part 3 Title II Regulations Appendix A September 1, 2019 City of Saratoga, California ADA Facility Assessment 1 Purpose The purpose of this Assessment is to review existing building and site improvements relative to current Federal and State accessibility requirements. The Federal requirements are found in the Americans with Disabilities Act Title II Regulations dated September 15, 2010. The State requirements are located in California Code of Regulations Title 24; 2016 California Building Code (CBC) at Chapter 11B. While the Federal regulations include many building requirements, they also include program and employment rules which are beyond the scope of this assessment. The Federal building related requirements are found in the 2010 ADA Standards for Accessible Design (ADAS). Chapter 11B is modeled after the 2010 ADAS and includes many California additions. For the purpose of this Assessment, Chapter 11B of the 2016 CBC will be the Standard. Scope of Work Perform a site visit to various City properties to observe existing building and site conditions in accordance with BKF’s proposal dated November 19, 2018. See list of sites below. The site visits were performed on March 20, March 27, April 16, April 23 and May 9. 2019. An assessment was performed of site and building features relative to the Standard. Measurements were obtained with the use of a “SmartLevel” and a steel tape. This Assessment is intended to identify features which do not meet the Standard. While an attempt has been made to identify each feature which does not meet the Standard, no warranty is expressed or implied that all were discovered. For example, the Assessment includes measurement of pathway slopes at various locations. While an attempt has been made to identify and measure each condition which may not meet the Standard, it is beyond the scope of this Assessment to measure each and every location. It should be noted that in general, buildings are required to comply with the requirements in effect on the day they were initially constructed. When an alteration occurs, the alteration and certain paths of travel, must meet the most recent requirements. This Assessment does not take date of construction or alteration into account. As a result, it is possible that a more stringent Standard than necessary for “compliance” with State and Federal ADA requirements have been applied. City of Saratoga, California ADA Facility Assessment 2 How to Read this Assessment The Assessment is organized into three parts. 1. Part one includes Key Maps which show the location of the various features. 2. Part two is a list of various building and site features which do not meet the Standard along with a reference to the 2016 CBC requirement and the actual measured condition. 3. Part three is photos of several features which have been found to not meet the Standard. List of Buildings Assessed A. Civic Center 1. Community Development 2. City Hall 3. Council Chambers 4. Preschool Portable 5. Senior Portable 6. Recreation/Senior Center 7. Recreation Portable 8. Corporation Yard 9. Warner Hutton House B. Museum 1. McWilliams House 2. Village Library 3. Museum Portable 4. Museum C. Prospect Center 1. Fellowship Hall 2. Grace Building D. Library 1. Library Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo 1 001A Door Restroom Signage Geometric symbols No symbol 11B-216.8.1 Museum 001A 2 001B Door Change in Level Changes in level greater than 1/2" shall be ramped Greater than 1/2"11B-303.4 Museum 001B 3 001C Restroom Lavatory The centerline of the lavatory shall be 18" minimum to a side wall 17.5" to wall, 14" to paper towel dispenser 11B-606.6 Museum 001C 4 001D Restroom Lavatory Water supply and drain pipes shall be insulated No insulation 11B-606.5 Museum 001C 001D 5 001E Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 37"11B-604.3.1 Museum 001C 001D 6 001F Restroom Grab Bar The side wall grab bar shall extend 24" minimum beyond the front of the WC 20"11B-604.5.1 Museum 001D 7 001G Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 50"11B-604.5.1 Museum 001D 8 001H Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 16"11B-604.5.2 Museum 001C 001D 9 002A Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 5"11B-404.2.4.1 Museum 002A 10 002B Door Signage Room identification sign required None provided 11B-216.2 Museum 11 002C Kitchenette Counter Height Work surface shall be 34" maximum 36"11B-804.3.2 Museum 002C 12 002D Kitchenette Sink Sink rim shall be 34" maximum AFF 36" 11B-305, 11B- 606.3 Museum 002C 13 003A Door Change in Level Changes in level greater than 1/2" shall be ramped Greater than 1/2"11B-303.4 Museum 003A 003B 14 004A Door Hardware Operable parts shall not require grasping or twisting of wrist Standard door knob provided 11B-309.4 Schoolhouse 004A 15 005A Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum less than 60"11B-404.2.4.1 McWilliams 005A 16 005B Door Push Side Clearance Maneuvering clearance parallel to the door beyond the hinge shall be 22" minimum 5"11B-404.2.4.1 McWilliams 17 006A Parking Sign Sign stating "UNAUTHORIZED VEHICLES … WILL BE TOWED AT OWNER'S EXPENSE" No sign 11B-502.8 Museum 18 007A Parking Space dimensions 9'x18' at standard space, 12'x18' at Van space 9'x14' van stall 11B-502.2 Museum 007A 19 007B Parking Aisle Markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters Border not blue, "NO PARKING" text not provided 11B-502.3.3 Museum 007A 20 007C Parking Aisle Location Aisle cannot overlap vehicle way Aisle overlaps vehicle way 11B-502.3.4 Museum 007A 21 007D Parking Slope Parking spaces and access aisles shall be at the same level and not steeper than 1:48 (2.1%)3.9%11B-502.4 Museum 007A Part 2 - Assessment Page 1 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 22 007E Parking Sign content ISA symbol, white on blue background with "MINIMUM FINE $250" and "VAN ACCESSIBLE" at van stalls No "MINIMUM FINE $250" and "VAN ACCESSIBLE" text 11B-502.6 Museum 007A 23 007F Parking Sign Sign shall be 60" minimum above ground surface 42"11B-502.6 Museum 007A 24 007G Parking Space markings ISA symbol 36" square, white on blue background, located within 6" of center and aligned with back of space 24" symbol 11B-502.6.4.1 Museum 007A 25 008A Accessible Route Cross Slope The cross slope of walking surfaces shall not be steeper than 1:48 (2.1%)5.7%, 3.5%, 3.1%, 2.8%, 4.4%11B-403.3 Museum 008A- 008J 26 009A Accessible Route Ramp Slope Not steeper than 1:12 (8.33%)8.5%, 8.8%, 8.6%11B-405.2 Museum 009A- 009F 27 010A Accessible Route Ramp Landing Not steeper than 1:48 (2.1%)7.7%11B-405.7.1 Museum 010A 010B 28 011A Floor Slope Surface Not steeper than 1:48 (2.08%)5.6% 11B-602.2, 11B- 305.2 Museum 011A 011B 29 012A Accessible Route Handrail Extensions Handrails shall extend beyond the top and bottom of ramps a minimum of 12"No Extensions 11B-505.10.1 Museum 012A 012B 30 013A Accessible Route Stair Handrails Perimeter Dimension shall be between 4" and 6.25"Flat bar does not comply 11B-505.7 Museum 013A 31 013B Accessible Route Stair Handrails Top extension shall be 12" minimum and bottom extension shall be 12" plus length of tread No Extensions 11B-505.10.2 11B- 505.10.3 Museum 013A 32 014A Accessible Route Ramp Landing Top Landing shall be 5'x5' minimum 4'x5'11B-405.7.1 Museum 014A 33 015A Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 51" to bookshelves 11B-404.2.4.1 Village Library 015A 34 015B Door Restroom Signage Geometric symbols No symbol 11B-216.8.1 Village Library 35 015C Restroom Lavatory Knee clearance shall be 8" deep minimum at 27" AFF 8" deep at 26" AFF 11B-306.3.3 Village Library 015C 015D 36 015D Restroom Lavatory Water supply and drain pipes shall be insulated No insulation 11B-606.5 Village Library 015C 015D 37 015E Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 18.5"11B-604.2 Village Library 015C 015D 38 015F Restroom Water Closet A minimum 48" maneuvering space shall be provided in front of the WC 29"11B-604.3.1 Village Library 015C 015D 39 015G Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 10"11B-604.5.2 Village Library 015C 015D 40 015H Restroom Grab Bar Rear wall grab bar Not usable because of storage unit 11B-604.5.2 Village Library 015C 015D 41 016A Built-In Elements Service Counter A portion of the counter surface shall be 36" wide minimum and 34" high maximum No lowered counter 11B-904.4 Village Library 016A 42 017A Accessible Route Running Slope The running slope of walking surfaces shall not be steeper than 1:20 (5%)9.4%11B-403.3 Village Library 017A- 017D Page 2 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 43 017B Accessible Route Cross Slope The cross slope of walking surfaces shall not be steeper than 1:48 (2.1%)2.8%11B-403.3 Village Library 017A- 017D 44 018A Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum Less than 60"11B-404.2.4.1 Village Library 018A 018B 45 018B Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 24" minimum Less than 24"11B-404.2.4.1 Village Library 018A 018B 46 018C Door Change in Level Changes in level greater than 1/2" shall be ramped Greater than 1/2"11B-303.4 Village Library 018A 018B 47 018D Door Hardware Operable parts shall not require grasping or twisting of wrist Standard door knob provided 11B-309.4 Village Library 018A 018B 48 101A Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 20"11B-604.2 Grace Building 101A- 101D 49 101B Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 54"11B-604.3.1 Grace Building 101A- 101D 50 101C Restroom Grab Bar The side wall grab bar shall extend 24" minimum beyond the front of the WC 23"11B-604.5.1 Grace Building 101A- 101D 51 101D Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 53"11B-604.5.1 Grace Building 101A- 101D 52 101E Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 19"11B-604.5.2 Grace Building 101A- 101D 53 101F Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 15" from front of WC 11B-604.7 Grace Building 101A- 101D 54 101G Restroom Lavatory Knee clearance shall be 8" deep minimum at 27" AFF 8" deep at 25" AFF 11B-306.3.3 Grace Building 101A- 101D 55 101H Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 40.5"11B-603.3 Grace Building 101A- 101D 56 101I Restroom Accessories Shall be located on an accessible route WC blocks floor space at seat cover dispenser 11B-308.2.2 Grace Building 101A- 101D 57 101J Reach Light Switch Maximum height to operable part is 48"50"11B-308.2.1 Grace Building 101A- 101D 58 101K Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 50"11B-404.2.4.1 Grace Building 101A- 101D 59 101L Door Push Side Clearance For doors with a closer and a latch, maneuvering clearance parallel to the door beyond the latch shall be 12" minimum 9"11B-404.2.4.1 Grace Building 101A- 101D 60 101M Door Hardware Operable parts shall not require grasping or twisting of wrist Lock requires twisting and is impeded by pull 11B-309.4 Grace Building 101A- 101D 61 101N Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees Shorter than 5 seconds 11B-404.2.8.1 Grace Building 101A- 101D 62 101O Door Opening Force 5 lbs maximum Greater than 5 lbs.11B-404.2.9 Grace Building 101A- 101D 63 101P Door Signage Signs containing tactile characters shall be centered on a clear floor space 18"x18" minimum 7" from wall to center 11B-703.4.2 Grace Building 101A- 101D Page 3 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 64 102A Restroom Lavatory Knee clearance shall be 8" deep minimum at 27" AFF 8" deep at 25" AFF 11B-306.3.3 Grace Building 102A 102B 65 102B Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 40.5"11B-603.3 Grace Building 102A 102B 66 102C Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 15" from front of WC 11B-604.7 Grace Building 102A 102B 67 102D Restroom Urinal Rim shall be 17" maximum AFF. Front rim shall be 13.5" minimum from back of fixture 22" AFF 11B-605.2 Grace Building 102A 102B 68 102E Restroom Urinal Rim shall be 17" maximum AFF. Front rim shall be 13.5" minimum from back of fixture 12" from back of fixture 11B-605.2 Grace Building 102A 102B 69 102F Restroom Water Closet Flush controls shall be located on the open side of the WC Located on the opposite side 11B-604.6 Grace Building 102A 102B 70 102G Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 22"11B-604.2 Grace Building 102A 102B 71 102H Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 54"11B-604.3.1 Grace Building 102A 102B 72 102I Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 53.5"11B-604.5.1 Grace Building 102A 102B 73 102J Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 18"11B-604.5.2 Grace Building 102A 102B 74 102K Restroom Accessories Shall be located on an accessible route WC blocks floor space at seat cover dispenser 11B-308.2.2 Grace Building 102A 102B 75 102L Door Hardware Operable parts shall not require grasping or twisting of wrist Lock requires twisting and is impeded by pull 11B-309.4 Grace Building 102A 102B 76 102M Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees Shorter than 5 seconds 11B-404.2.8.1 Grace Building 102A 102B 77 102N Door Opening Force 5 lbs maximum Greater than 5 lbs.11B-404.2.9 Grace Building 102A 102B 78 103A Door Push Side Clearance Maneuvering clearance perpendicular to the door shall be 44" minimum 43"11B-404.2.4.1 Grace Building 79 104A Door Push Side Clearance For doors with a closer and a latch, maneuvering clearance parallel to the door beyond the latch shall be 12" minimum 4"11B-404.2.4.1 Grace Building 104A 80 104B Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 4"11B-404.2.4.1 Grace Building 104A 81 104C Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees Shorter than 5 seconds 11B-404.2.8.1 Grace Building 104A 82 104D Door Opening Force 5 lbs maximum Greater than 5 lbs.11B-404.2.9 Grace Building 104A 83 104E Door Signage Sign shall be located alongside the door at the latch side On the door 11B-703.4.2 Grace Building 104A 84 105A Door Push Side Clearance Maneuvering clearance perpendicular to the door shall be 44" minimum 43"11B-404.2.4.1 Grace Building 105A Page 4 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 85 105B Door Push Side Clearance For latch side approach, maneuvering clearance parallel to the door beyond the latch shall be 24" minimum 5"11B-404.2.4.1 Grace Building 105A 86 105C Door Signage Sign shall be located alongside the door at the latch side On the door 11B-703.4.2 Grace Building 105A 87 106A Door Clear Width 32" minimum 29"11B-404.2.3 Grace Building 88 107A Door Signage Room identification sign required None provided 11B-216.2 Grace Building 89 108A Door Signage Room identification sign required None provided 11B-216.2 Grace Building 90 109A Door Signage Room identification sign required None provided 11B-216.2 Grace Building 91 110A Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 24" minimum 3"11B-404.2.4.1 Grace Building 92 111A Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 24" minimum 3"11B-404.2.4.1 Grace Building 93 112A Kitchenette Counter Height Work surface shall be 34" maximum 36"11B-804.3.2 Grace Building 112A 94 112B Kitchenette Sink Sink rim shall be 34" maximum and clear floor space shall be provided 36" 11B-305, 11B- 606.3 Grace Building 112A 95 112C Kitchenette Microwave Controls shall be no higher than 48" and clear floor space shall be provided Located above 48" and no clear floor space 11B-305, 11B-308 Grace Building 112A 96 113A Drinking Fountain Pedestrian Protection Drinking fountain shall be located within an alcove 32" wide minimum by 18" deep minimum or provide wing walls No alcove or wing walls 11B-609.2 Grace Building 113A 97 114A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees Less than 5 seconds 11B-404.2.8.1 Fellowship Hall 114A 98 114B Door Signage Tactile characters shall be located not more than 60" AFF 60.5"11B-703.4.1 Fellowship Hall 114A 99 114C Door Signage Sign shall be located alongside the door at the latch side At the hinge side 11B-703.4.2 Fellowship Hall 114A 100 114D Accessible Route Clear Width The clear width of interior walking surfaces shall be 36" minimum 29.5"11B-403.5.1 Fellowship Hall 114D 114E 101 115A Door Signage Room identification sign required None provided 11B-216.2 Fellowship Hall 102 115B Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 13"11B-404.2.4.1 Fellowship Hall 115B 103 115C Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 48"11B-404.2.11 Fellowship Hall 104 116A Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 48"11B-404.2.11 Fellowship Hall 105 116B Door Change in Level Changes in level greater than 1/2" shall be ramped Greater than 1/2"11B-303.4 Fellowship Hall 116B Page 5 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 106 117A Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Door latch and hold open mechanism on surface 11B-404.2.10 Fellowship Hall 107 117B Door Signage Tactile characters shall be located not more than 60" AFF 61"11B-703.4.1 Fellowship Hall 108 118A Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Door latch and hold open mechanism on surface 11B-404.2.10 Fellowship Hall 118A 118B 109 119A Door Clear Width 32" minimum 26"11B-404.2.3 Fellowship Hall 110 120A Door Signage Tactile characters shall be located not more than 60" AFF 60.5"11B-703.4.1 Fellowship Hall 111 120B Restroom Partition Door Door opening shall be 4" maximum from the side wall or partition furthest from the WC 20"11B-604.8.1.2 Fellowship Hall 112 120C Restroom Partition Door The door shall be self-closing Not Self-closing 11B-604.8.1.2 Fellowship Hall 113 120D Restroom Partition Door Maneuvering clearance perpendicular to the door shall be 60" minimum 51"11B-404.2.4.1 Fellowship Hall 114 120E Restroom Urinal Rim shall be 17" maximum AFF. Front rim shall be 13.5" minimum from back of fixture 18" AFF 11B-605.2 Fellowship Hall 115 121A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees Shorter than 5 seconds 11B-404.2.8.1 Fellowship Hall 116 121B Restroom Partition Door Door opening shall be 4" maximum from the side wall or partition furthest from the WC 4.5"11B-604.8.1.2 Fellowship Hall 121B 117 121C Restroom Partition Door The door shall be self-closing Not Self-closing 11B-604.8.1.2 Fellowship Hall 121B 118 121D Restroom Accessories Operable parts shall be 40" maximum AFF 48" to seat cover dispenser 11B-603.5 Fellowship Hall 121D 119 121D Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 18.5"11B-604.2 Fellowship Hall 121D 120 122A Parking Aisle Markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters Border not blue, "NO PARKING" text not provided 11B-502.3.3 Prospect Center 122A 121 122B Parking Aisle Location Aisle cannot overlap vehicle way Aisle overlaps vehicle way 11B-502.3.4 Prospect Center 122A 122 122C Parking Sign content ISA symbol, white on blue background with "MINIMUM FINE $250" and "VAN ACCESSIBLE" at van stalls No "MINIMUM FINE $250" text 11B-502.6.2 Prospect Center 122A 123 122D Parking Sign Sign stating "UNAUTHORIZED VEHICLES … WILL BE TOWED AT OWNER'S EXPENSE" No sign 11B-502.8 Prospect Center 124 123A Parking Space dimensions 9'x18' at standard space, 12'x18' at Van space 8'x17'11B-502.2 Prospect Center 123A 125 123B Parking Aisle dimensions 5' wide by length of space 4'11B-502.3 Prospect Center 123A 126 123C Parking Aisle Markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters Border not blue, "NO PARKING" text not provided 11B-502.3.3 Prospect Center 123A Page 6 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 127 123D Parking Aisle Location Aisle cannot overlap vehicle way Aisle overlaps vehicle way 11B-502.3.4 Prospect Center 123A 128 123E Parking Sign Parking space shall be identified with a sign No sign 11B-502.6 Prospect Center 123A 129 123F Parking Space markings ISA symbol 36" square, white on blue background, located within 6" of center and aligned with back of space Symbol not aligned 11B-502.6.4.1 Prospect Center 123A 130 124A Parking Space dimensions 9'x18' at standard space, 12'x18' at Van space 8'x17'11B-502.2 Prospect Center 124A 131 124B Parking Aisle dimensions 5' wide by length of space 4'11B-502.3 Prospect Center 124A 132 124C Parking Aisle Markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters Border not blue, "NO PARKING" text not provided 11B-502.3.3 Prospect Center 124A 133 124D Parking Aisle Location Aisle cannot overlap vehicle way Aisle overlaps vehicle way 11B-502.3.4 Prospect Center 124A 134 124E Parking Sign Parking space shall be identified with a sign No sign 11B-502.6 Prospect Center 124A 135 124F Parking Space markings ISA symbol 36" square, white on blue background, located within 6" of center and aligned with back of space Symbol not aligned 11B-502.6.4.1 Prospect Center 124A 136 125A Parking Aisle dimensions 5' wide by length of space 4'-10"11B-502.3 Prospect Center 125A 125B 137 125B Parking Aisle Markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters Border not blue, "NO PARKING" text not provided 11B-502.3.3 Prospect Center 125A 125B 138 125C Parking Sign Sign shall be 60" minimum above ground surface 42"11B-502.6 Prospect Center 125A 125B 139 125D Parking Sign content ISA symbol, white on blue background with "MINIMUM FINE $250" and "VAN ACCESSIBLE" at van stalls No "MINIMUM FINE $250" text 11B-502.6.2 Prospect Center 125A 125B 140 125E Parking Space markings ISA symbol 36" square, white on blue background, located within 6" of center and aligned with back of space Symbol not aligned 11B-502.6.4.1 Prospect Center 125A 125B 141 125F Parking Arraignment Parking stall shall be arraigned so that users are not required to pass behind other stalls Users must pass behind other parking stalls 11B-502.7.1 Prospect Center 125A 125B 142 126A Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings No detectable warnings 11B-247.1.2.5 Prospect Center 126A- 126D 143 127A Accessible Route Cross Slope The cross slope of walking surfaces shall not be steeper than 1:48 (2.1%)3.2%, 2.5%11B-403.3 Prospect Center 127A- 127D 144 128A Accessible Route Running Slope The running slope of walking surfaces shall not be steeper than 1:20 (5%)5.6%, 7.7%11B-403.3 Prospect Center 128A- 128D 145 129A Accessible Route Cross Slope The cross slope of walking surfaces shall not be steeper than 1:48 (2.1%)4.1%11B-403.3 Prospect Center 129A 129B 146 130A Accessible Route Clear Width The clear width of exterior walking surfaces shall be 48" minimum 46.5"11B-403.5.1 Prospect Center 130A 130B 147 131A Drinking Fountain Pedestrian Protection Drinking fountain shall be located within an alcove 32" wide minimum by 18" deep minimum or provide wing walls No alcove or wing walls 11B-609.2 Prospect Center 131A Page 7 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 148 132A Outdoor Areas Picnic Table Picnic table shall be accessible Table not on an accessible route and does not provide knee clearance 11B-246.5 Prospect Center 132A 149 133A Parking Sign Sign stating "UNAUTHORIZED VEHICLES … WILL BE TOWED AT OWNER'S EXPENSE" No sign 11B-502.8 Prospect Center 150 134A Accessible Route Site arrival points At least one accessible route shall be provided from the public street No accessible route provided 11B-206.2.1 Prospect Center 151 201A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 2 seconds 11B-404.2.8.1 Community Development 201A 152 201B Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Community Development 201A 153 202A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Community Development 154 202B Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Community Development 155 202C Door Push Side Clearance For doors with a closer and a latch, maneuvering clearance parallel to the door beyond the latch shall be 12" minimum 7"11B-404.2.4.1 Community Development 156 202D Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 46"11B-404.2.11 Community Development 157 203A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Community Development 203A 158 203B Door Opening Force 5 lbs maximum 6 lbs 11B-404.2.9 Community Development 203A 159 203C Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 34"11B-404.2.4.1 Community Development 203A 160 203D Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 24" minimum 6"11B-404.2.4.1 Community Development 203A 161 203E Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 45.5"11B-404.2.11 Community Development 203A 162 203F Kitchenette Sink Sink rim shall be 34" maximum 11B-606.3 Community Development 203F 163 204A Door Signage Room identification sign required None provided 11B-216.2 Community Development 164 204B Built-In Elements Height 28" minimum, 34" maximum AFF 36"11B-902.3 Community Development 204B 165 204C Built-In Elements Clear Space Knee and toe clearance for forward approach shall be provided No knee and toe clearance 11B-904.2 Community Development 204B 166 205A Door Restroom Signage The center of geometric symbols shall be between 58" and 60" AFF 60.5"11B-703.7.2.6 Community Development 205A 167 205B Door Hardware Operable parts shall not require grasping or twisting of wrist Lock requires twisting of wrist 11B-309.4 Community Development 205B 168 205C Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Community Development Page 8 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 169 205D Door Hardware Door hardware shall be located 34"-44" AFF 48"11B-404.2.7 Community Development 170 205E Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 41.5"11B-603.3 Community Development 205E 171 205F Restroom Lavatory Floor Space The clear floor space shall be 30"x48" 30"x47" The wall mtg. trash receptacle and shelf encroaches 11B-606.2 Community Development 205E 172 205G Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 52" The lavatory encroaches 11B-604.3.1 Community Development 205G 173 205H Restroom Grab Bar The side wall grab bar shall extend 24" minimum beyond the front of the WC 21"11B-604.5.1 Community Development 205G 174 205I Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 52"11B-604.5.1 Community Development 205G 175 205J Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 23"11B-604.5.2 Community Development 205G 176 205K Restroom Coat Hooks 48" maximum AFF 72"11B-603.4 Community Development 205K 177 205L Restroom Shelves 40" minimum, 48" maximum AFF 52" and 58"11B-603.4 Community Development 178 205M Restroom Shower Minimum inside dimensions shall be 60" wide by 30" deep 42" wide by 48" deep 11B-608.2.2 Community Development 205M 179 206A Door Hardware Operable parts shall not require grasping or twisting of wrist Lock requires twisting of wrist 11B-309.4 Community Development 180 206B Door Restroom Signage The center of geometric symbols shall be between 58" and 60" AFF 60.5"11B-703.7.2.6 Community Development 206B 181 206C Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Community Development 182 206D Door Hardware Door hardware shall bel located 34"-44" AFF 48"11B-404.2.7 Community Development 183 206E Restroom Lavatory 18" minimum from side wall to center of lavatory 17"11B-606.6 Community Development 206E 184 206F Restroom Lavatory Floor Space The clear floor space shall be 30"x48" 30"x24" The wall mtg. trash receptacle and shelf encroaches 11B-606.2 Community Development 206E 185 206G Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 41"11B-603.3 Community Development 206E 186 206H Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 53" The lavatory encroaches 11B-604.3.1 Community Development 206H 187 206I Restroom Grab Bar The side wall grab bar shall extend 24" minimum beyond the front of the WC 22"11B-604.5.1 Community Development 206H 188 206J Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 23"11B-604.5.2 Community Development 206H 189 206K Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 2.5"11B-604.7 Community Development 206H Page 9 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 190 207A Door Signage Room identification sign required None provided 11B-216.2 Community Development 191 207B Built-In Elements Height 28" minimum, 34" maximum AFF 36"11B-902.3 Community Development 207B 192 207C Built-In Elements Clear Space Knee and toe clearance for forward approach shall be provided No knee and toe clearance 11B-904.2 Community Development 207B 193 208B Door Opening Force 5 lbs maximum 11 lbs 11B-404.2.9 Community Development 208A 194 208C Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 38"11B-404.2.4.1 Community Development 208A 195 208D Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 2"11B-404.2.4.1 Community Development 208A 196 208E Door Clear Width 32" minimum 29"11B-404.2.3 Community Development 208A 197 209A Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 3"11B-404.2.4.1 Community Development 209A 198 210A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Community Development 210A 199 210B Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Community Development 210A 200 211A Accessible Route Changes in Level Changes in level greater than 1/2" shall be ramped Stairs provided in lieu of ramp 11B-303.4 Community Development 211A 201 212A Drinking Fountain Pedestrian Protection Drinking fountain shall be located within an alcove 32" wide minimum by 18" deep minimum or provide wing walls 31" by 27"11B-602.9 Community Development 212A 202 220A Kitchenette Appliance Appliance controls shall be no higher than 46" when reach is over a counter Microwave controls are 60"11B-804.6.2 Preschool Portable 220A 203 221A Restroom Lavatory Water supply and drain pipes shall be insulated No insulation 11B-606.5 Preschool Portable 221A 204 221B Restroom Water Closet Door pulls shall be placed on both sides of the partition door Door pull on one side only 11B-604.8.1.2 Preschool Portable 221B 205 221C Restroom Water Closet Flush controls shall be located on the open side of the WC Located on the opposite side 11B-604.6 Preschool Portable 221B 206 221D Restroom Partition Door Door opening shall be 4" maximum from the side wall or partition furthest from the WC 8"11B-604.8.1.2 Preschool Portable 207 221E Restroom Partition Door The door shall be self-closing Not Self-closing 11B-604.8.1.2 Preschool Portable 208 221F Restroom Water Closet A minimum 48" maneuvering space shall be provided in front of the WC 31"11B-604.3.1 Preschool Portable 209 221G Restroom Partition Door Maneuvering clearance perpendicular to the pull side of the door shall be 60" minimum 38" to lavatory 11B-404.2.4.1 Preschool Portable 210 221H Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 12" in front of WC 11B-604.7 Preschool Portable Page 10 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 211 222A Kitchenette Clearance Kitchens enclosed on 3 sides shall be 60" wide 36"11B-804.2.2 Preschool Portable 222A 212 223A Door Change in Level Changes in level greater than 1/2" shall be ramped 2.5"11B-303.4 Preschool Portable 213 224A Accessible Route Changes in Level Changes in level greater than 1/2" shall be ramped Steps from Deck to Play Area 11B-303.4 Preschool Portable 214 224B Accessible Route Within a site An accessible route shall connect all buildings and facilities within a site Playground is not connected by an accessible route 11B-206.2.2 Preschool Portable 224B 215 224C Play Areas Play Components Number and type of ground level play components on accessible routes shall comply with Table 11B-2402.1.2 No complying components 11B-240.2.1 Preschool Portable 224B 216 224D Outdoor Areas Picnic Table Picnic table shall be accessible Table not on an accessible route and does not provide knee clearance 11B-246.5 Preschool Portable 224D 217 225A Gates Maneuvering Area Ground surface shall be not steeper than 1:48 (2.1%)3.8%11B-404.2.4.4 Preschool Portable 225A, 225B 218 225C Ramps Landing Slope Slope shall not be steeper than 1:48 (2.1%)3.7%11B-405.7.1 Preschool Portable 225C, 225D 219 225E Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings No detectable warnings 11B-247.1.2.5 Preschool Portable 225E 220 230A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Warner Hutton 221 230B Door Opening Force 5 lbs maximum 7 lbs 11B-404.2.9 Warner Hutton 222 230C Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 44"11B-603.3 Warner Hutton 230C 223 230D Restroom Lavatory Front of the higher of the rim or counter surface 34" maximum AFF 34.5"11B-606.3 Warner Hutton 230C 224 230E Restroom Water Closet A minimum 48" maneuvering space shall be provided in front of the WC 43"11B-604.3.1 Warner Hutton 225 230F Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 19"11B-604.2 Warner Hutton 230F 226 230G Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 20"11B-604.5.2 Warner Hutton 230F 227 230H Restroom Accessories Operable parts shall be 40" maximum AFF 48" to seat cover dispenser 11B-603.5 Warner Hutton 230F 228 230I Restroom Accessories Shall be located on an accessible route Seat cover dispenser located behind WC 11B-603.5 Warner Hutton 230F 229 230J Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 13" in front of WC 11B-604.7 Warner Hutton 230F 230 231A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Warner Hutton 231 231B Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 44"11B-603.3 Warner Hutton Page 11 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 232 231C Restroom Lavatory Front of the higher of the rim or counter surface 34" maximum AFF 34.5"11B-606.3 Warner Hutton 233 231D Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 18.5"11B-604.2 Warner Hutton 234 231E Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 20"11B-604.5.2 Warner Hutton 235 231F Restroom Accessories Operable parts shall be 40" maximum AFF 48" to seat cover dispenser 11B-603.5 Warner Hutton 236 231G Restroom Accessories Shall be located on an accessible route Seat cover dispenser located behind WC 11B-603.5 Warner Hutton 237 231H Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 10" in front of WC 11B-604.7 Warner Hutton 238 231I Restroom Water Closet Flush controls shall be located on the open side of the WC Located on the wall side 11B-604.6 Warner Hutton 239 232A Kitchenette Sink Sink rim shall be 34" maximum 36"11B-606.3 Warner Hutton 240 232B Accessible Route Clear Width The clear width of interior walking surfaces shall be 36" minimum 30" between kitchen and sun room 11B-403.5.1 Warner Hutton 241 240A Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 City Hall 240A 242 240B Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 City Hall 240B 243 240C Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 51.5"11B-404.2.11 City Hall 240B 244 240D Built-In Elements Service Counter A portion of the counter surface shall be 36" wide minimum and 34" high maximum Reception Counter is 43" high 11B-904.4 City Hall 240D 245 240E Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 City Hall 240E 246 240F Door Opening Force 5 lbs maximum 14 lbs 11B-404.2.9 City Hall 247 240G Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 City Hall 248 240H Door Signage Room identification sign required None provided 11B-216.2 City Hall 249 241A Door Opening Force 5 lbs maximum 9 lbs 11B-404.2.9 City Hall 250 241B Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 City Hall 251 241C Built-In Elements Service Counter A portion of the counter surface shall be 36" wide minimum and 34" high maximum 36"11B-904.4 City Hall 252 242A Door Opening Force 5 lbs maximum 9 lbs 11B-404.2.9 City Hall Page 12 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 253 242B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 City Hall 254 242C Door Signage Sign shall be located alongside the door at the latch side Sign located on door 11B-703.4.2 City Hall 242C 255 242D Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 City Hall 242D 256 243A Door Signage Room identification sign required None provided 11B-216.2 City Hall 257 243B Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 46.5"11B-404.2.11 City Hall 258 244A Door Push Side Clearance Maneuvering clearance perpendicular to the door shall be 48" minimum 47"11B-404.2.4.1 City Hall 259 244B Door Push Side Clearance For doors with a closer and a latch, maneuvering clearance parallel to the door beyond the latch shall be 12" minimum 2"11B-404.2.4.1 City Hall 260 244C Door Hardware Operable parts shall not require grasping or twisting of wrist Twist latch provided 11B-309.4 City Hall 261 244D Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 41.5"11B-603.3 City Hall 244D 262 244E Restroom Lavatory Front of the higher of the rim or counter surface 34" maximum AFF 34.5"11B-606.3 City Hall 244D 263 244F Restroom Accessories Operable parts shall be 40" maximum AFF Paper Towel Dispenser - 41"11B-603.5 City Hall 244D 264 244G Restroom Accessories Operable parts shall be 40" maximum AFF Sanitary Napkin Dispenser - 53"11B-603.5 City Hall 265 244H Restroom Coat Hooks 48" maximum AFF 60"11B-603.4 City Hall 244D 266 244I Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 57" to Lavatory 11B-604.3.1 City Hall 244I 267 244J Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 16.5"11B-604.2 City Hall 244I 268 244K Restroom Grab Bar The side wall grab bar shall extend 24" minimum beyond the front of the WC 21"11B-604.5.1 City Hall 244I 269 244L Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 51"11B-604.5.1 City Hall 244I 270 244M Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 12"11B-604.7 City Hall 244I 271 244N Restroom Shower Minimum inside dimensions shall be 60" wide by 30" deep 42" wide 11B-608.2.2 City Hall 244N 272 245A Door Opening Force 5 lbs maximum 6 lbs 11B-404.2.9 City Hall 273 245B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 City Hall Page 13 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 274 245C Door Push Side Clearance For doors with a closer and a latch, maneuvering clearance parallel to the door beyond the latch shall be 12" minimum 2"11B-404.2.4.1 City Hall 275 245D Door Hardware Operable parts shall not require grasping or twisting of wrist Twist latch provided 11B-309.4 City Hall 276 245E Door Restroom Signage The center of geometric symbols shall be between 58" and 60" AFF 60.5"11B-703.7.2.6 277 245F Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 41"11B-603.3 City Hall 245F 278 245G Restroom Lavatory Front of the higher of the rim or counter surface 34" maximum AFF 35"11B-606.3 City Hall 245F 279 245H Restroom Lavatory The centerline of the lavatory shall be 18" minimum to a side wall 17"11B-606.6 City Hall 245F 280 245I Restroom Accessories Operable parts shall be 40" maximum AFF Paper Towel Dispenser - 41"11B-603.5 City Hall 245F 281 245J Restroom Coat Hooks 48" maximum AFF 67"11B-603.4 City Hall 282 245K Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 57" to Paper Towel Dispenser 11B-604.3.1 City Hall 245K 283 245L Restroom Grab Bar The side wall grab bar shall extend 24" minimum beyond the front of the WC 20"11B-604.5.1 City Hall 245K 284 245M Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 51"11B-604.5.1 City Hall 245K 285 245N Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 23"11B-604.5.2 City Hall 245K 286 245O Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 13"11B-604.7 City Hall 245K 287 250A Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 50"11B-404.2.4.1 Council Chambers 288 250B Door Floor Slope Floor surface within the required maneuvering clearances shall not be steeper than 1:48 (2.1%)2.4%11B-404.2.4.4 Council Chambers 250B 250C 289 250D Door Floor Slope Floor surface within the required maneuvering clearances shall not be steeper than 1:48 (2.1%)2.4%11B-404.2.4.4 Council Chambers 250D 250E 290 250F Door Clear Width 32" minimum 25"11B-404.2.3 Council Chambers 291 250G Door Opening Force 5 lbs maximum 6 lbs 11B-404.2.9 Council Chambers 250G 292 250H Door Floor Slope Floor surface within the required maneuvering clearances shall not be steeper than 1:48 (2.1%)Sloped on Theater side 11B-404.2.4.4 Council Chambers 250G 293 250I Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 52"11B-404.2.11 Council Chambers 250G 294 250J Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Council Chambers 250G Page 14 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 295 250K Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Council Chambers 296 250L Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Council Chambers 297 250M Door Floor Slope Floor surface within the required maneuvering clearances shall not be steeper than 1:48 (2.1%)Sloped on Theater side 11B-404.2.4.4 Council Chambers 298 250N Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 52"11B-404.2.11 Council Chambers 299 250O Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Council Chambers 300 250P Door Clear Width 32" minimum 25"11B-404.2.3 Council Chambers 250P 301 251A Restroom Scope Restroom not accessible, equivalent facilitation provided 11B-213.2; Exptn 1 Council Chambers 251A 302 252A Restroom Scope Restroom not accessible, equivalent facilitation provided 11B-213.2; Exptn 1 Council Chambers 252A 303 253A Door Opening Force 5 lbs maximum 12 lbs 11B-404.2.9 Council Chambers 253A 304 253B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 2 seconds 11B-404.2.8.1 Council Chambers 253A 305 253C Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Council Chambers 253A 306 253D Door Clear Width 32" minimum 31"11B-404.2.3 Council Chambers 253A 307 253E Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 48"11B-404.2.4.1 Council Chambers 253A 308 253F Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 40.5"11B-603.3 Council Chambers 253F 309 253G Restroom Lavatory The centerline of the lavatory shall be 18" minimum to a side wall 12"11B-606.6 Council Chambers 253G 310 253H Restroom Lavatory Water supply and drain pipes shall be insulated No insulation 11B-606.5 Council Chambers 253G 311 253I Restroom Water Closet Flush controls shall be located on the open side of the WC Located on the opposite side 11B-604.6 Council Chambers 253I 312 253J Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 57"11B-604.3.1 Council Chambers 253I 313 253K Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 19"11B-604.2 Council Chambers 253I 314 253L Restroom Water Closet Clearance around the WC shall be 56" minimum measured perpendicular from the rear wall 50" to door in open position 11B-604.3.1 Council Chambers 253I 315 253M Restroom Grab Bar The side wall grab bar shall extend 24" minimum beyond the front of the WC 20"11B-604.5.1 Council Chambers 253I Page 15 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 316 253N Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 52"11B-604.5.1 Council Chambers 253I 317 253O Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 10"11B-604.5.2 Council Chambers 253I 318 254A Door Opening Force 5 lbs maximum 11lbs 11B-404.2.9 Council Chambers 319 254B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Council Chambers 320 254C Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Council Chambers 321 254D Door Clear Width 32" minimum 31"11B-404.2.3 Council Chambers 322 254E Restroom Mirror Mirrors located NOT above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 35" AFF 40"11B-603.3 Council Chambers 254E 323 254F Restroom Lavatory The centerline of the lavatory shall be 18" minimum to a side wall 13"11B-606.6 Council Chambers 254E 324 254G Restroom Lavatory Water supply and drain pipes shall be insulated No insulation 11B-606.5 Council Chambers 254E 325 254H Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 57"11B-604.3.1 Council Chambers 254H 326 254I Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 19"11B-604.2 Council Chambers 254H 327 254J Restroom Grab Bar The side wall grab bar shall extend 24" minimum beyond the front of the WC 19"11B-604.5.1 Council Chambers 254H 328 254K Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 52"11B-604.5.1 Council Chambers 254H 329 254L Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 11"11B-604.5.2 Council Chambers 254H 330 255A Scope Seating Wheelchair spaces shall be dispersed vertically at varying distances from the performance area.All wheel chair seating is located in the front row 11B-221.2.3.2 Council Chambers 255A 331 255B Accessible Route Seating Wheelchair spaces shall adjoin accessible routes Route to wheelchair spaces is not accessible 11B-802.1.4 Council Chambers 255B 255C 332 255C Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Council Chambers 333 255D Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Council Chambers 334 255E Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 4"11B-404.2.4.1 Council Chambers 335 255F Door Opening Force 5 lbs maximum 7 lbs 11B-404.2.9 Council Chambers 336 255G Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Council Chambers Page 16 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 337 255H Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 5"11B-404.2.4.1 Council Chambers 338 256A Scope Performance Areas Where a circulation path directly connects a performance area to an assembly seating area, a direct accessible route shall be provided No direct accessible route provided 11B-206.2.6 Council Chambers 339 256B Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 54"11B-404.2.4.1 Council Chambers 340 256C Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 43"11B-404.2.4.1 Council Chambers 256C 341 256D Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 12"11B-404.2.4.1 Council Chambers 256C 342 256E Scope Performance Areas An accessible route shall be provided from performance areas to ancillary areas or facilities used by performers Stage dressing rooms and restrooms are not accessible 11B-404.2.4.1 Council Chambers 256E- 256G 343 300A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Corporation Yard 344 300B Door Opening Force 5 lbs maximum 7 lbs 11B-404.2.9 Corporation Yard 345 300C Door Push Side Clearance For doors with a closer and a latch, maneuvering clearance parallel to the door beyond the latch shall be 12" minimum 4"11B-404.2.4.1 Corporation Yard 346 300D Built-In Elements Service Counter A portion of the counter surface shall be 36" wide minimum and 34" high maximum 42" high 11B-904.4 Corporation Yard 300D 347 301A Built-In Elements Height 28" minimum, 34" maximum AFF 36"11B-902.3 Corporation Yard 301A 348 301B Built-In Elements Clear Space Knee and toe clearance for forward approach shall be provided No knee and toe clearance 11B-904.2 Corporation Yard 301A 349 302A Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 10" to the Paper Towel Dispenser 11B-404.2.4.1 Corporation Yard 302A 350 302B Door Hardware Operable parts shall not require grasping or twisting of wrist Lock requires twisting of wrist 11B-309.4 Corporation Yard 302B 351 302C Door Hardware Door hardware shall bel located 34"-44" AFF 48"11B-404.2.7 Corporation Yard 302B 352 302D Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 41.5"11B-603.3 Corporation Yard 302D 353 302E Restroom Lavatory Water supply and drain pipes shall be insulated No insulation at hot water 11B-606.5 Corporation Yard 302D 354 302F Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 52" to vanity 11B-604.3.1 Corporation Yard 302F 355 302G Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 18.25"11B-604.2 Corporation Yard 302F 356 302H Restroom Grab Bar The side wall grab bar shall extend 24" minimum beyond the front of the WC 20"11B-604.5.1 Corporation Yard 302F 357 302I Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 52"11B-604.5.1 Corporation Yard 302F Page 17 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 358 302J Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 23.5"11B-604.5.2 Corporation Yard 302F 359 302K Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 2" in front of WC 11B-604.7 Corporation Yard 302F 360 302L Restroom Shower Minimum inside dimensions shall be 60" wide by 30" deep 42" wide by 48" deep 11B-608.2.2 Corporation Yard 302L 361 303A Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 54"11B-404.2.4.1 Corporation Yard 362 303B Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 3"11B-404.2.4.1 Corporation Yard 303B 363 303C Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 36"11B-404.2.4.1 Corporation Yard 364 303D Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Corporation Yard 365 303E Door Opening Force 5 lbs maximum 6 lbs 11B-404.2.9 Corporation Yard 366 303F Door Clear Width 32" minimum 29"11B-404.2.3 Corporation Yard 303F 367 303G Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 50"11B-404.2.11 Corporation Yard 303F 368 303H Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 2 seconds 11B-404.2.8.1 Corporation Yard 303F 369 303I Door Signage Sign shall be located alongside the door at the latch side Sign located on the door 11B-703.4.2 Corporation Yard 303F 370 303J Kitchenette Sink Sink rim shall be 34" maximum 36"11B-606.3 Corporation Yard 303J 371 304A Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 15"11B-404.2.4.1 Corporation Yard 372 304B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Corporation Yard 373 304C Restroom Lavatory Knee clearance shall be 29" at the front of the Lavatory less than 29"11B-306.3.1 Corporation Yard 304C 374 304D Restroom Urinal A clear floor space of 30"x48" minimum for forward approach shall be provided 29"11B-605.3 Corporation Yard 304D 375 304E Restroom Shower Minimum inside dimensions shall be 60" wide by 30" deep Less than 60" wide 11B-608.2.2 Corporation Yard 304E 376 304F Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 16"11B-604.2 Corporation Yard 304F 377 304G Restroom Partition Door hardware shall be located 34"-44" AFF 46"11B-404.2.7 Corporation Yard 378 304H Restroom Partition Maneuvering clearance perpendicular to the pull side of the door shall be 60" minimum 54" to lavatory 11B-404.2.4.1 Corporation Yard Page 18 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 379 304I Restroom Accessories Operable parts, 40" maximum AFF 42" at Seat Cover Dispenser 11B-603.4 Corporation Yard 304F 380 305A Built-In Elements Bench Bench shall be 20" deep 9.5" deep 11B-903.3 Corporation Yard 305A 381 305B Built-In Elements Bench Bench shall have an 18" high back support No back support 11B-904.4 Corporation Yard 305A 382 305C Door Signage Sign shall be located alongside the door at the latch side Sign located on the door 11B-703.4.2 Corporation Yard 305C 383 305D Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 12"11B-404.2.4.1 Corporation Yard 384 305E Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 35"11B-404.2.4.1 Corporation Yard 385 306A Accessible Route Changes in Level Changes in level greater than 1/2" shall be ramped Stairs provided in lieu of ramp 11B-303.4 Corporation Yard 306A 386 306B Door Signage Sign shall be located alongside the door at the latch side Sign located on the door 11B-703.4.2 Corporation Yard 306B 387 306C Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Corporation Yard 388 306D Door Change in Level Changes in level greater than 1/2" shall be ramped Greater than 1/2"11B-303.4 Corporation Yard 306D 389 307A Door Change in Level Changes in level greater than 1/2" shall be ramped Greater than 1/2"11B-303.4 Corporation Yard 390 320A Door Signage Room identification sign required None provided 11B-216.2 Recreation Center 320A 391 320B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Recreation Center 320B 392 320C Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Recreation Center 320B 393 320D Door Change in Level Changes in level greater than 1/2" shall be ramped Greater than 1/2"11B-303.4 Recreation Center 320D 394 320E Kitchenette Sink Sink rim shall be 34" maximum 11B-606.3 Recreation Center 320E 395 321A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 2 seconds 11B-404.2.8.1 Recreation Center 321A 396 321B Door Opening Force 5 lbs maximum 11 lbs 11B-404.2.9 Recreation Center 321A 397 321C Door Push Side Clearance For doors with a closer and a latch, maneuvering clearance parallel to the door beyond the latch shall be 12" minimum 2"11B-404.2.4.1 Recreation Center 321A 398 322A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 2 seconds 11B-404.2.8.1 Recreation Center 321A 399 322B Door Opening Force 5 lbs maximum 11 lbs 11B-404.2.9 Recreation Center 321A Page 19 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 400 323A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Recreation Center 323A 401 323B Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Recreation Center 323A 402 323C Restroom Lavatory Knee clearance shall be 29" minimum AFF at front edge of lavatory or counter 25"11B-306.3.3 Recreation Center 323C 403 323D Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 44"11B-604.3.1 Recreation Center 323D 404 323E Restroom Water Closet A minimum 48" maneuvering space shall be provided in front of the WC 44", less at paper tower dispenser 11B-604.3.1 Recreation Center 323D 405 323F Restroom Grab Bar The side wall grab bar shall extend 24" minimum beyond the front of the WC 22"11B-604.5.1 Recreation Center 323D 406 323G Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 11"11B-604.5.2 Recreation Center 323D 407 323H Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 12"11B-604.7 Recreation Center 323D 408 323I Restroom Accessories Shall be located on an accessible route Seat cover dispenser not accessible 11B-603.5 Recreation Center 323D 409 324A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 2 seconds 11B-404.2.8.1 Recreation Center 323A 410 324B Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Recreation Center 323A 411 324C Restroom Lavatory Knee clearance shall be 29" minimum AFF at front edge of lavatory or counter 25"11B-306.3.3 Recreation Center 324C 412 324D Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 46"11B-604.3.1 Recreation Center 324D 413 324E Restroom Water Closet A minimum 48" maneuvering space shall be provided in front of the WC 42", less at paper tower dispenser 11B-604.3.1 Recreation Center 324D 414 324F Restroom Water Closet Flush controls shall be located on the open side of the WC Located on the opposite side 11B-604.6 Recreation Center 324D 415 324G Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 11"11B-604.5.2 Recreation Center 324D 416 324H Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 9.5"11B-604.7 Recreation Center 324D 417 324I Restroom Accessories Shall be located on an accessible route Seat cover dispenser not accessible 11B-603.5 Recreation Center 324D 418 325A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Recreation Center 324D 419 325B Door Opening Force 5 lbs maximum 9 lbs 11B-404.2.9 Recreation Center 324D 420 325C Door Push Side Clearance For doors with a closer and a latch, maneuvering clearance parallel to the door beyond the latch shall be 12" minimum 5"11B-404.2.4.1 Recreation Center 324D Page 20 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 421 325D Door Push Side Clearance Maneuvering clearance perpendicular to the door shall be 48" minimum 45"11B-404.2.4.1 Recreation Center 324D 422 325E Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 14"11B-404.2.4.1 Recreation Center 323A 423 325F Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 5"11B-404.2.4.1 Recreation Center 325F 424 325G Door Push Side Clearance Maneuvering clearance perpendicular to the door shall be 48" minimum 43"11B-404.2.4.1 Recreation Center 325F 425 325H Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 50" to water heater 11B-404.2.4.1 Recreation Center 325F 426 325I Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Recreation Center 325I 427 325J Door Opening Force 5 lbs maximum 12 lbs 11B-404.2.9 Recreation Center 325I 428 325K Door Push Side Clearance For doors with a closer and a latch, maneuvering clearance parallel to the door beyond the latch shall be 12" minimum 4"11B-404.2.4.1 Recreation Center 325I 429 325L Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Recreation Center 325L 430 325M Door Opening Force 5 lbs maximum 12 lbs 11B-404.2.9 Recreation Center 325L 431 325N Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 3"11B-404.2.4.1 Recreation Center 325L 432 325O Built-In Elements Service Counter A portion of the counter surface shall be 36" wide minimum and 34" high maximum 36" high 11B-904.4 Recreation Center 433 326A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 2 seconds 11B-404.2.8.1 Recreation Center 434 326B Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Recreation Center 435 326C Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 326C 436 326D Restroom Accessories Operable parts shall be 40" maximum AFF Paper tower dispenser at 45"11B-603.5 Recreation Center 326D 437 326E Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 41"11B-603.3 Recreation Center 326D 438 326F Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 19"11B-604.2 Recreation Center 326D 439 326G Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 53"11B-604.5.1 Recreation Center 326D 440 326H Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 22"11B-604.5.2 Recreation Center 326D 441 327A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Recreation Center Page 21 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 442 327B Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Recreation Center 443 327C Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 444 327D Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 56"11B-404.2.4.1 445 327E Restroom Accessories Operable parts shall be 40" maximum AFF Paper tower dispenser at 45"11B-603.5 Recreation Center 446 327F Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 40.5"11B-603.3 Recreation Center 447 327G Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 22.5"11B-604.2 Recreation Center 448 327H Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 53"11B-604.5.1 Recreation Center 449 327I Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 18"11B-604.5.2 Recreation Center 450 328A Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Recreation Center 451 328B Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 17.5"11B-404.2.4.1 Recreation Center 452 328C Door Signage Room identification sign required None provided 11B-216.2 Recreation Center 453 328D Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Recreation Center 328D 454 328E Door Signage Room identification sign required None provided 11B-216.2 Recreation Center 328D 455 328F Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 328D 456 328G Operable Parts Reach Range Reach range for operable parts shall be within a specific reach range, generally between 15" and 48" AFF Thermostat is 60"11B-309 Recreation Center 328G 457 329A Drinking Fountain Pedestrian Protection Drinking fountain shall be located within an alcove 32" wide minimum by 18" deep minimum or provide wing walls No alcove or wing walls 11B-602.9 Recreation Center 329A 458 330A Door Opening Force 5 lbs maximum 7 lbs 11B-404.2.9 Recreation Center 330A 459 330B Door Signage Room identification sign required None provided 11B-216.2 Recreation Center 330A 460 330C Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 330A 461 330D Door Opening Force 5 lbs maximum 9 lbs 11B-404.2.9 Recreation Center 330A 462 330E Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 330A Page 22 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 463 330F Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Recreation Center 330F 464 330G Door Opening Force 5 lbs maximum 7 lbs 11B-404.2.9 Recreation Center 330F 465 330H Door Signage Sign shall be located alongside the door at the latch side Sign located on the door 11B-703.4.2 Recreation Center 330F 466 330I Door Floor Slope Floor surface within the required maneuvering clearances shall not be steeper than 1:48 (2.1%)Exterior slope greater than 2.1%11B-404.2.4.4 Recreation Center 330F 467 331A Door Floor Slope Floor surface within the required maneuvering clearances shall not be steeper than 1:48 (2.1%) Interior and Exterior slope greater than 2.1%11B-404.2.4.4 Recreation Center 331A 468 331B Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 11B-404.2.4.1 Recreation Center 331B 469 332A Door Opening Force 5 lbs maximum 13 lbs 11B-404.2.9 Recreation Center 332A 470 332B Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 332A 471 332C Door Restroom Signage The center of geometric symbols shall be between 58" and 60" AFF 65"11B-703.7.2.6 Recreation Center 332A 472 332D Restroom Urinal A clear floor space of 30"x48" minimum for forward approach shall be provided 45" to paper towel dispenser 11B-605.3 Recreation Center 332D 473 332E Restroom Urinal Rim shall be 17" maximum AFF. Front rim shall be 13.5" minimum from back of fixture 12.5" from back of fixture 11B-605.2 Recreation Center 332D 474 332F Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 11.5"11B-604.5.2 Recreation Center 332F 475 332G Door Push Side Clearance Maneuvering clearance perpendicular to the door shall be 48" minimum 28" to paper towel dispenser at stall door 11B-404.2.4.1 Recreation Center 332G 476 332H Restroom Accessories Shall be located on an accessible route Located behind WC 11B-603.5 Recreation Center 332F 477 333A Door Opening Force 5 lbs maximum 9 lbs 11B-404.2.9 Recreation Center 333A 478 333B Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 333A 479 333C Door Restroom Signage The center of geometric symbols shall be between 58" and 60" AFF 63"11B-703.7.2.6 Recreation Center 333A 480 333D Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 11.5"11B-604.5.2 Recreation Center 333D 481 333E Restroom Accessories Shall be located on an accessible route Located behind WC 11B-603.5 Recreation Center 333D 482 333F Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 6.5"11B-604.7 Recreation Center 333D 483 334A Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 334A Page 23 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 484 334B Door Clear Width 32" minimum 30"11B-404.2.3 Recreation Center 485 335A Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 335A 486 335B Door Opening Force 5 lbs maximum 6 lbs 11B-404.2.9 Recreation Center 335A 487 335C Door Change in Level Changes in level greater than 1/2" shall be ramped 1.25"11B-303.4 Recreation Center 335C 488 335D Door Floor Slope Floor surface within the required maneuvering clearances shall not be steeper than 1:48 (2.1%) Slope at exterior maneuvering clearance is greater than 2.1%11B-404.2.4.4 Recreation Center 335D 489 336A Door Clear Width 32" minimum 30"11B-404.2.3 Recreation Center 336A 490 336B Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 4"11B-404.2.4.1 Recreation Center 336A 491 336C Door Hardware Operable parts shall not require grasping or twisting of wrist Standard door knob provided 11B-309.4 Recreation Center 336A 492 336D Door Clear Width 32" minimum 29"11B-404.2.3 Recreation Center 336D 493 336E Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 11"11B-404.2.4.1 Recreation Center 336D 494 336F Built-In Elements Service Counter A portion of the counter surface shall be 36" wide minimum and 34" high maximum Entire counter 42" high 11B-904.4 Recreation Center 336A 495 336G Kitchenette Sink Sink rim shall be 34" maximum 36"11B-606.3 Recreation Center 336G 496 337A Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 6"11B-404.2.4.1 Recreation Center 337A 497 337B Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 498 337C Door Clear Width 32" minimum 30"11B-404.2.3 Recreation Center 499 337D Door Clear Width 32" minimum 30"11B-404.2.3 Recreation Center 500 337E Built-In Elements Service Counter A portion of the counter surface shall be 36" wide minimum and 34" high maximum Entire counter 36" high 11B-904.4 Recreation Center 337E 501 338A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Recreation Center 502 338B Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Recreation Center 503 338C Door Signage Exit sign required None provided 11B-216.4.1 Recreation Center 504 338D Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center Page 24 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 505 338E Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 2 Seconds 11B-404.2.8.1 Recreation Center 506 338F Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Recreation Center 507 338G Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 508 338H Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 52"11B-404.2.11 Recreation Center 509 338I Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Recreation Center 338I 510 338J Door Signage Exit sign required None provided 11B-216.4.1 Recreation Center 338I 511 338K Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 338I 512 338L Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Recreation Center 338L 513 338M Door Signage Exit sign required None provided 11B-216.4.1 Recreation Center 338L 514 338N Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 338L 515 338O Accessible Route Stair Handrails Top extension shall be 12" minimum and bottom extension shall be 12" plus length of tread No Extensions 11B- 505.10.3 Recreation Center 338O 516 339A Built-In Elements Service Counter A portion of the counter surface shall be 36" wide minimum and 34" high maximum Entire counter 42" high 11B-904.4 Recreation Center 339A 517 339B Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 339B 518 339C Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 52"11B-404.2.11 Recreation Center 339C 519 339D Door Clear Width 32" minimum 31"11B-404.2.3 Recreation Center 339C 520 340A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Recreation Center 521 340B Door Opening Force 5 lbs maximum 7 lbs 11B-404.2.9 Recreation Center 522 340C Door Restroom Signage The center of geometric symbols shall be between 58" and 60" AFF 62.5"11B-703.7.2.6 Recreation Center 523 340D Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 44"11B-603.3 Recreation Center 524 340E Restroom Lavatory Water supply and drain pipes shall be insulated No insulation 11B-606.5 Recreation Center 525 340F Restroom Water Closet A minimum 48" maneuvering space shall be provided in front of the WC 47"11B-604.3.1 Recreation Center 340F Page 25 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 526 340G Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 59.5"11B-604.3.1 Recreation Center 340F 527 340H Restroom Grab Bar The side wall grab bar shall extend 24" minimum beyond the front of the WC 18"11B-604.5.1 Recreation Center 340F 528 340I Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 48"11B-604.5.1 Recreation Center 340F 529 340J Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 21"11B-604.5.2 Recreation Center 340F 530 340K Restroom Partition Door Door opening shall be 4" maximum from the side wall or partition furthest from the WC 18"11B-604.8.1.2 Recreation Center 340F 531 340L Restroom Partition Door Maneuvering clearance perpendicular to the pull side of the door shall be 60" minimum 50"11B-404.2.4.1 Recreation Center 340L 532 340M Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 11" in front of WC 11B-604.7 Recreation Center 340F 533 341A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Recreation Center 341A 534 341B Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Recreation Center 341A 535 341C Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 16"11B-404.2.4.1 Recreation Center 341A 536 341D Restroom Urinal Rim shall be 17" maximum AFF. Front rim shall be 13.5" minimum from back of fixture 12" from back of fixture 11B-605.2 Recreation Center 341D 537 341E Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 44"11B-603.3 Recreation Center 341E 538 341F Restroom Lavatory Water supply and drain pipes shall be insulated No insulation 11B-606.5 Recreation Center 341E 539 341G Restroom Water Closet A minimum 48" maneuvering space shall be provided in front of the WC 29"11B-604.3.1 Recreation Center 341G 540 341H Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 59"11B-604.3.1 Recreation Center 341G 541 341I Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 23"11B-604.5.2 Recreation Center 341G 542 341J Restroom Partition Door Door opening shall be 4" maximum from the side wall or partition furthest from the WC 5"11B-604.8.1.2 Recreation Center 341G 543 341K Restroom Accessories Shall be located on an accessible route Seat Cover Dispenser behind WC 11B-603.5 Recreation Center 341G 544 341L Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 13" in front of WC 11B-604.7 Recreation Center 341G 545 342A Drinking Fountain Pedestrian Protection Drinking fountain shall be located within an alcove 32" wide minimum by 18" deep minimum or provide wing walls No alcove or wing walls 11B-602.9 Recreation Center 342A 546 342B Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 342B Page 26 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 547 342C Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 45"11B-404.2.11 Recreation Center 342B 548 342D Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Recreation Center 342B 549 342E Door Opening Force 5 lbs maximum 12 lbs 11B-404.2.9 Recreation Center 342B 550 342F Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 51"11B-404.2.11 Recreation Center 342F 551 342G Door Signage Room identification sign required None provided 11B-216.2 Recreation Center 342F 552 342H Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 51"11B-404.2.11 Recreation Center 342F 553 342I Door Signage Room identification sign required None provided 11B-216.2 Recreation Center 342F 554 343A Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 343A 555 343B Kitchenette Sink Sink rim shall be 34" maximum 37"11B-606.3 Recreation Center 343B 556 343C Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 343C 557 343D Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 52"11B-404.2.11 Recreation Center 343C 558 343E Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Recreation Center 343C 559 343F Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Recreation Center 343C 560 343G Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 11B-404.2.4.1 Recreation Center 343G 561 343H Door Floor Slope Floor surface within the required maneuvering clearances shall not be steeper than 1:48 (2.1%)11B-404.2.4.4 Recreation Center 343G 562 344A Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Recreation Center 344A 563 344B Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 49"11B-404.2.11 Recreation Center 344A 564 344C Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Recreation Center 344A 565 344D Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Recreation Center 344A 566 344E Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 13"11B-404.2.4.1 Recreation Center 344A 567 344F Door Floor Slope Floor surface within the required maneuvering clearances shall not be steeper than 1:48 (2.1%)Ramp up to room 11B-404.2.4.4 Recreation Center 344A Page 27 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 568 350A Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 24" minimum at exterior door 20"11B-404.2.4.1 Senior Portable 569 350B Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 58"11B-404.2.4.1 Senior Portable 570 350C Door Push Side Clearance For hinge side approach, maneuvering clearance parallel to the door beyond the hinge shall be 22" minimum 2"11B-404.2.4.1 Senior Portable 571 350D Door Push Side Clearance For latch side approach, maneuvering clearance parallel to the door beyond the latch shall be 24" minimum 12"11B-404.2.4.1 Senior Portable 572 350E Door Signage Tactile characters shall be located not more than 60" AFF 63"11B-703.4.1 Senior Portable 573 351A Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 12"11B-404.2.4.1 Senior Portable 574 351B Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 48"11B-404.2.4.1 Senior Portable 575 352A Door Clear Width 32" minimum 27"11B-404.2.3 Senior Portable 576 352B Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 46"11B-404.2.4.1 Senior Portable 577 353A Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 24" minimum at exterior door 4"11B-404.2.4.1 Senior Portable 578 353B Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 43"11B-404.2.4.1 Senior Portable 579 353C Door Signage Sign shall be located alongside the door at the latch side Sign located on door 11B-703.4.2 Senior Portable 580 354A Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 17"11B-404.2.4.1 Senior Portable 581 354B Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 50"11B-404.2.4.1 Senior Portable 582 354C Kitchenette Sink Sink rim shall be 34" maximum 36.5"11B-606.3 Senior Portable 583 355A Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 57"11B-404.2.4.1 Senior Portable 584 355B Restroom Lavatory Floor Space The clear floor space shall be 30"x48"Paper Tower Dispenser encroaches 11B-606.2 Senior Portable 355B 585 355C Restroom Water Closet A minimum 48" maneuvering space shall be provided in front of the WC 46"11B-604.3.1 Senior Portable 355C 586 355D Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 57"11B-604.3.1 Senior Portable 355C 587 355E Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 10"11B-604.7 Senior Portable 355C 588 355F Restroom Accessories Shall be located on an accessible route Seat Cover Dispenser not on an accessible route 11B-603.5 Senior Portable 355C Page 28 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 589 360A Door Opening Force 5 lbs maximum 6 lbs 11B-404.2.9 Recreation Portable 590 360B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Recreation Portable 591 360C Door Signage Sign shall be located alongside the door at the latch side Sign located on door 11B-703.4.2 Recreation Portable 592 401A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 593 401B Door Opening Force 5 lbs maximum 9 lbs 11B-404.2.9 Library 594 401C Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 10"11B-404.2.4.1 Library 595 401D Door Signage Room identification sign required None provided 11B-216.2 Library 596 401E Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 597 401F Door Opening Force 5 lbs maximum 7 lbs 11B-404.2.9 Library 598 402A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Library 599 402B Door Opening Force 5 lbs maximum 7 lbs 11B-404.2.9 Library 600 402C Door Signage Room identification sign required None provided 11B-216.2 Library 601 402E Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 57"11B-404.2.11 Library 602 402F Door Opening Force 5 lbs maximum 9 lbs 11B-404.2.9 Library 603 402G Door Signage Room identification sign required None provided 11B-216.2 Library 604 402H Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Library 605 402I Door Vision Lights Bottom of the vision light shall be no more than 43" AFF 57"11B-404.2.11 Library 606 402J Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 607 402K Door Opening Force 5 lbs maximum 7 lbs 11B-404.2.9 Library 608 402L Kitchenette Sink Sink rim shall be 34" maximum 36"11B-606.3 402L 609 403A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library Page 29 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 610 403B Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Library 611 403C Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 403C 612 403D Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Library 403C 613 403E Restroom Accessories Shall be located on an accessible route Paper Towel Dispenser is located behind sink 11B-309 Library 403E 614 404A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 404A 615 404B Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Library 404A 616 404C Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Library 404A 617 404D Door Opening Force 5 lbs maximum 11 lbs 11B-404.2.9 Library 404D 618 404E Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Library 404D 619 404F Door Push Side Clearance For doors with a closer and a latch, maneuvering clearance parallel to the door beyond the latch shall be 12" minimum 6"11B-404.2.4.1 Library 404F 620 404G Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 621 404H Door Opening Force 5 lbs maximum 13 lbs 11B-404.2.9 Library 622 404I Knee Clearance Width Knee clearance shall be 30" wide minimum 28"11B-306.3.5 Library 404I 623 405A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 624 405B Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Library 625 405C Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 17"11B-404.2.4.1 Library 626 405D Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 405D 627 405E Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Library 405D 628 405F Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Library 405D 629 405G Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 630 405H Door Opening Force 5 lbs maximum 9 lbs 11B-404.2.9 Library Page 30 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 631 405I Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Library 632 405J Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 633 405K Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Library 634 405L Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Library 405L 635 405M Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Library 405L 636 406A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Library 637 406B Door Opening Force 5 lbs maximum 9 lbs 11B-404.2.9 Library 638 406C Door Door Surface Surfaces within 10" of the FF on the push side shall be smooth for the entire door width Not smooth, hold open encroaches 11B-404.2.10 Library 639 407A Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 5 seconds 11B-404.2.8.1 Library 640 407B Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Library 641 407C Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 2 seconds 11B-404.2.8.1 Library 642 407D Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Library 643 408A Door Opening Force 5 lbs maximum 7 lbs 11B-404.2.9 Library 408A 644 409A Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Library 409A 645 409B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Library 409A 646 410A Door Opening Force 5 lbs maximum 15 lbs 11B-404.2.9 Library 410A 647 410B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 410A 648 410C Door Opening Force 5 lbs maximum 12 lbs 11B-404.2.9 Library 649 410D Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 650 410E Door Pull Side Clearance Maneuvering clearance perpendicular to the door shall be 60" minimum 46"11B-404.2.4.1 Library 651 411A Door Opening Force 5 lbs maximum 8 lbs 11B-404.2.9 Library Page 31 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 652 411B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Library 653 411C Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 12"11B-404.2.4.1 411I 654 411D Door Restroom Signage Geometric symbols No symbol 11B-216.8.1 Library 655 411E Restroom Lavatory Front of the higher of the rim or counter surface 34" maximum AFF 34.5"11B-606.3 Library 411E 656 411F Restroom Lavatory The centerline of the lavatory shall be 18" minimum to a side wall 17.75"11B-606.6 Library 411E 657 411G Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 41"11B-603.3 Library 411E 658 411H Restroom Accessories Operable parts shall be 40" maximum AFF Soap Dispenser 56"11B-603.5 Library 411E 659 411I Restroom Accessories Operable parts shall be 40" maximum AFF Paper Towel Dispenser 43"11B-603.5 Library 411I 660 411J Restroom Shelves 40" minimum, 48" maximum AFF 52"11B-603.4 Library 411J 661 411K Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 45"11B-604.3.1 Library 411J 662 411L Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 18.25"11B-604.2 Library 411J 663 411M Restroom Grab Bar The side wall grab bar shall be located 12" maximum from the rear wall 17"11B-604.5.1 Library 411J 664 411N Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 21"11B-604.5.2 Library 411J 665 411O Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar Located above the grab bar 11B-604.7 Library 411J 666 412A Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Library 667 412B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 668 412C Door Restroom Signage Geometric symbols No symbol 11B-216.8.1 Library 412C 669 412D Restroom Lavatory Front of the higher of the rim or counter surface 34" maximum AFF 34.5"11B-606.3 Library 412D 670 412E Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 41"11B-603.3 Library 412D 671 412F Restroom Accessories Operable parts shall be 40" maximum AFF Soap Dispenser 44"11B-603.5 Library 412D 672 412G Restroom Accessories Operable parts shall be 40" maximum AFF Paper Towel Dispenser 43"11B-603.5 Library 412G Page 32 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 673 412H Restroom Shelves 40" minimum, 48" maximum AFF 52"11B-603.4 Library 412D 674 412I Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 38"11B-604.3.1 Library 412I 675 412J Restroom Water Closet The centerline of the WC shall be 17" minimum to 18" maximum from the side wall 18.25"11B-604.2 Library 412I 676 412K Restroom Grab Bar The side wall grab bar shall be located 12" maximum from the rear wall 16"11B-604.5.1 Library 412I 677 412L Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 22"11B-604.5.2 Library 412I 678 412M Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar Located above the grab bar 11B-604.7 Library 412I 679 413A Door Opening Force 5 lbs maximum 12 LBS 11B-404.2.9 Library 413A 680 413B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 413A 681 414A Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Library 682 414B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 683 414C Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Library 684 414D Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Library 685 414E Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Library 686 414F Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 687 415A Door Opening Force 5 lbs maximum 13 lbs 11B-404.2.9 Library 415A 688 415B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Library 415A 689 415C Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 17"11B-404.2.4.1 Library 415A 690 415D Restroom Accessories Operable parts shall be 40" maximum AFF Soap Dispenser 44"11B-603.5 Library 415D 691 415E Restroom Accessories Operable parts shall be 40" maximum AFF Paper Towel Dispenser 46"11B-603.5 Library 415D 692 415F Restroom Water Closet Clearance around the WC shall be 60" minimum measured perpendicular from the side wall 54" to shelf 11B-604.3.1 Library 415F 693 415G Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 49.5"11B-604.5.1 Library 415F Page 33 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 694 415H Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 22"11B-604.5.2 Library 415F 695 415I Restroom Partition Door Door opening shall be 4" maximum from the side wall or partition furthest from the WC 6"11B-604.8.1.2 Library 696 415J Restroom Water Closet Door pulls shall be placed on both sides of the partition door No 11B-604.8.1.2 Library 415J 697 415K Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar Located above the grab bar 11B-604.7 Library 415F 698 416A Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Library 699 416B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 700 416C Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 17"11B-404.2.4.1 Library 701 416D Restroom Accessories Operable parts shall be 40" maximum AFF Paper Towel Dispenser 48"11B-603.5 Library 416D 702 416E Restroom Grab Bar The side wall grab bar shall extend 54" minimum from the rear wall 50"11B-604.5.1 Library 416E 703 416F Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 21"11B-604.5.2 Library 416E 704 416G Restroom Partition Door Door opening shall be 4" maximum from the side wall or partition furthest from the WC 5"11B-604.8.1.2 Library 705 416H Restroom Water Closet Door pulls shall be placed on both sides of the partition door No 11B-604.8.1.2 Library 416H 706 416I Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar Located above the grab bar 11B-604.7 Library 416E 707 417A Door Opening Force 5 lbs maximum 12 lbs 11B-404.2.9 Library 708 417B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 4 seconds 11B-404.2.8.1 Library 709 417C Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 41.5"11B-603.3 Library 417C 710 417D Restroom Accessories Operable parts shall be 40" maximum AFF Soap Dispenser located at 46" AFF 11B-603.5 Library 417C 711 417E Restroom Accessories Operable parts shall be 40" maximum AFF Paper Towel Dispenser located at 45" AFF 11B-603.5 Library 417C 712 417F Restroom Lavatory Knee clearance shall be 27" minimum AFF at a point 8'' back from front edge of lavatory or counter Knee clearance blocked by fold down step 11B-306.3.3 Library 417F 713 417G Restroom Lavatory Floor Space The clear floor space shall be 30"x48"Obstructed by paper towel dispenser and hand dryer 11B-606.2 Library 417C 714 417H Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar Located behind front of WC 11B-604.7 Library 417H Page 34 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 715 417I Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 23"11B-604.5.2 Library 417H 716 417J Restroom Grab Bar The side wall grab bar shall be located 12" maximum from the rear wall 13"11B-604.5.1 Library 417H 717 418A Door Opening Force 5 lbs maximum 10 lbs 11B-404.2.9 Library 718 418B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 719 418C Door Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 15" to Paper Towel Dispenser 11B-404.2.4.1 Library 720 418D Restroom Mirror Mirrors located above the lavatory shall be installed with the bottom edge of the reflecting surface at a maximum of 40" AFF 41.5"11B-603.3 Library 418D 721 418E Restroom Accessories Operable parts shall be 40" maximum AFF Soap Dispenser located at 46" AFF 11B-603.5 Library 418D 722 418F Restroom Accessories Operable parts shall be 40" maximum AFF Paper Towel Dispenser located at 45" AFF 11B-603.5 Library 418D 723 418G Restroom Lavatory Floor Space The clear floor space shall be 30"x48"Obstructed by paper towel dispenser and hand dryer 11B-606.2 Library 418D 724 418H Restroom Lavatory The centerline of the lavatory shall be 18" minimum to a side wall 17.5"11B-606.6 Library 418D 725 418I Restroom TP Dispenser The TP dispenser shall be 7" minimum and 9" maximum in front of the WC and 19" minimum AFF and below the grab bar 15" in front of WC 11B-604.7 Library 418I 726 418J Restroom Grab Bar The rear wall grab bar shall extend, from the centerline of the WC, 24" minimum on one side and 12" minimum on the other 22"11B-604.5.2 Library 418I 727 418K Restroom Grab Bar The side wall grab bar shall be located 12" maximum from the rear wall 14"11B-604.5.1 Library 418I 728 419A Door Opening Force 5 lbs maximum 13 LBS 11B-404.2.9 Library 419A 729 419B Door Closer Timing 5 seconds minimum from 90 degrees to 12 degrees 3 seconds 11B-404.2.8.1 Library 419A 730 420A Gate Pull Side Clearance Maneuvering clearance parallel to the door beyond the latch shall be 18" minimum 0"11B-404.2.4.1 Library 420A 420B 731 421A Parking Aisle markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters Borderline is white and does not include the entire perimeter. "NO PARKING" text not provided 11B-502.3.3 Library 421A- 421C 732 421E Parking Slope Parking spaces and access aisles shall be at the same level and not steeper than 1:48 (2.1%)4.5%, 3.1%, 2.5% 11B-502.4 Library 421E- 421G 733 421H Parking Sign content ISA symbol, white on blue background with "MINIMUM FINE $250" and "VAN ACCESSIBLE" at van stalls "MINIMUM FINE" text not provided 11B-502.6 Library 421H 734 421I Parking Sign finish, size and location Reflectorized with a minimum area of 70 square inches and located adjacent to the space or within the projected space width Signs not reflectorized 11B-502.6 Library 421H 735 421J Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings No detectable warnings 11B-247.1.2.5 Library 421J- 421M Page 35 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 736 421N EVCS Scope Where EVCS are provided, accessible EVCS shall be included No accessible EVCS provided 11B-228.3 Library 421N 737 422A Door Signage Room identification sign required tactile and braille generally not compliant throughout Library 11B-216.2 Library 738 500A Ramp Landing Slope Slope shall not be steeper than 1:48 (2.1%)Bottom landing slope is 3.0%11B-405.7.1 Civic Center Site 500A 500B 739 500C Ramp Landing Slope Slope shall not be steeper than 1:48 (2.1%)Top landing slope is 4.6%11B-405.7.1 Civic Center Site 500C 500D 740 500E Ramp Cross Slope Slope shall not be steeper than 1:48 (2.1%)3.2%11B-405.3 Civic Center Site 500E 500F 741 500F Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings No detectable warnings where walk, at bottom of ramp, crosses vehicular way 11B-247.1.2.5 Civic Center Site 500A 742 501A Parking Space dimensions 9'x18' at standard space, 12'x18' at Van space Standard space 8'-10" wide 11B-502.2 Civic Center Site 501A 743 501B Parking Aisle dimensions 5' wide by length of space 4'-6" wide 11B-502.3 Civic Center Site 501A 744 501C Parking Aisle markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters No blue border, no "NO PARKING" text 11B-502.3.3 Civic Center Site 501A 745 501D Parking Slope Parking spaces and access aisles shall be at the same level and not steeper than 1:48 (2.1%)2.7%11B-502.4 Civic Center Site 501D 746 501E Parking Sign content ISA symbol, white on blue background with "MINIMUM FINE $250" and "VAN ACCESSIBLE" at van stalls No "MINIMUM FINE" text 11B-502.6 Civic Center Site 501A 747 501F Parking Sign height 60" minimum above finish ground surface or 80" minimum if within a circulation path 46"11B-502.6 Civic Center Site 501A 748 501G Parking Space markings ISA symbol 36" square, white on blue background, located within 6" of center and aligned with back of space Symbol not aligned with back of space 11B-502.6.4.1 Civic Center Site 501A 749 501H Parking Sign Sign stating "UNAUTHORIZED VEHICLES … WILL BE TOWED AT OWNER'S EXPENSE" No additional sign 11B-502.8 Civic Center Site 750 502A Accessible Route Cross Slope The cross slope of walking surfaces shall not be steeper than 1:48 (2.1%)4.1%11B-403.3 Civic Center Site 502A 502B 751 503A Ramp Cross Slope Slope shall not be steeper than 1:48 (2.1%)3.4%11B-405.3 Civic Center Site 503A 503B 752 503C Ramp Landing Slope Slope shall not be steeper than 1:48 (2.1%)6.3%11B-405.7.1 Civic Center Site 503C 503D 753 503E Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings No detectable warnings 11B-247.1.2.5 Civic Center Site 503C 503D 754 504A Parking Sign Sign stating "UNAUTHORIZED VEHICLES … WILL BE TOWED AT OWNER'S EXPENSE" No additional sign 11B-502.8 Civic Center Site 504A 755 504B Parking Aisle dimensions 5' wide by length of space less than 5' wide 11B-502.3 Civic Center Site 504A 756 504C Parking Aisle markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters No blue borderline, no "NO PARKING" text 11B-502.3.3 Civic Center Site 504A Page 36 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 757 504D Parking Sign content ISA symbol, white on blue background with "MINIMUM FINE $250" and "VAN ACCESSIBLE" at van stalls No "MINIMUM FINE" text 11B-502.6 Civic Center Site 504A 758 504E Parking Slope Parking spaces and access aisles shall be at the same level and not steeper than 1:48 (2.1%)2.6%11B-502.4 Civic Center Site 504E 759 504F Parking Space markings ISA symbol 36" square, white on blue background, located within 6" of center and aligned with back of space Not aligned with back of space 11B-502.6.4.1 Civic Center Site 504A 760 504G Accessible Route Cross Slope The cross slope of walking surfaces shall not be steeper than 1:48 (2.1%)3.2%11B-403.3 Civic Center Site 504G 504H 761 505A Accessible Route Cross Slope The cross slope of walking surfaces shall not be steeper than 1:48 (2.1%)3.3%, 3.6%, 7.3%11B-403.3 Civic Center Site 505A 505B 762 506A Accessible Route Running Slope The running slope of walking surfaces shall not be steeper than 1:20 (5%)8.5%11B-403.3 Civic Center Site 506A 506B 763 506C Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings No detectable warnings 11B-247.1.2.5 Civic Center Site 506A 764 506D Parking Aisle markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters Blue borderline not complete, "NO PARKING" text 8" high 11B-502.3.3 Civic Center Site 506D 765 506E Parking Sign height 60" minimum above finish ground surface or 80" minimum if within a circulation path Sign 20" AFG 11B-502.6 Civic Center Site 506D 766 506F Parking Space markings ISA symbol 36" square, white on blue background, located within 6" of center and aligned with back of space ISA symbol 28" square and not aligned with back of space 11B-502.6.4.1 Civic Center Site 506D 767 507A Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings No detectable warnings 11B-247.1.2.5 Civic Center Site 507A- 507C 768 507B Parking Aisle markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters Blue borderline not complete, "NO PARKING" text 8" high 11B-502.3.3 Civic Center Site 507A- 507C 769 507C Parking Slope Parking spaces and access aisles shall be at the same level and not steeper than 1:48 (2.1%)2.9%11B-502.4 Civic Center Site 507D 770 507E Parking Sign height 60" minimum above finish ground surface or 80" minimum if within a circulation path Sign 20" AFG 11B-502.6 Civic Center Site 507A- 507C 771 507F Parking Space markings ISA symbol 36" square, white on blue background, located within 6" of center and aligned with back of space ISA symbol 28" square and not aligned with back of space 11B-502.6.4.1 Civic Center Site 507A- 507C 772 507G Accessible Route Running Slope The running slope of walking surfaces shall not be steeper than 1:20 (5%)8.5%11B-403.3 Civic Center Site 507G 507H 773 507I Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings No detectable warnings 11B-247.1.2.5 Civic Center Site 507I 774 508A Accessible Route Ramp Width The clear width of a ramp shall be 48"47"11B-405.5 Civic Center Site 775 508B Accessible Route Ramp Handrails Ramp runs shall have handrails on both sides No Handrails 11B-405.8 Civic Center Site 776 509A Accessible Route Cross Slope The cross slope of walking surfaces shall not be steeper than 1:48 (2.1%)3.1%11B-403.3 Civic Center Site 509A 509B 777 509C Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings Detectable warnings not placed at boundary with vehicle way 11B-247.1.2.5 Civic Center Site 509A Page 37 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 778 509D Accessible Route Stair Handrails Stairs shall have handrails on both sides Partial handrails on one side 11B-505.2 Civic Center Site 256C 779 510A Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings No detectable warnings 11B-247.1.2.5 Civic Center Site 510A 510B 780 510C Accessible Route Cross Slope The cross slope of walking surfaces shall not be steeper than 1:48 (2.1%)2.5%11B-403.3 Civic Center Site 510C 781 510D Parking Aisle markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters Blue borderline not complete, "NO PARKING" text 8" high 11B-502.3.3 Civic Center Site 510D 510F 782 510E Parking Slope Parking spaces and access aisles shall be at the same level and not steeper than 1:48 (2.1%)2.5%11B-502.4 Civic Center Site 510E 783 510F Parking Sign height 60" minimum above finish ground surface or 80" minimum if within a circulation path Sign 20" AFG 11B-502.6 Civic Center Site 510D 510F 784 510G Parking Space markings ISA symbol 36" square, white on blue background, located within 6" of center and aligned with back of space ISA symbol 28" square and not aligned with back of space 11B-502.6.4.1 Civic Center Site 510D 510F 785 511A Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings No detectable warnings 11B-247.1.2.5 Civic Center Site 511A 511B 786 512A Accessible Route Running Slope The running slope of walking surfaces shall not be steeper than 1:20 (5%)9.6%11B-403.3 Civic Center Site 512A 512B 787 512C Accessible Route Ramp Handrails Ramp runs shall have handrails on both sides No handrails 11B-405.8 Civic Center Site 512A 788 512D Accessible Route Ramp Edge Protection Continuous edge protection shall be provided on each side of ramp runs and each side of ramp landings No continuous edge protection on one side 11B-405.9 Civic Center Site 512A 789 513A Accessible Route Stair Handrails Stairs shall have handrails on both sides No handrails 11B-505.2 Civic Center Site 513A 790 513B Accessible Route Cross Slope The cross slope of walking surfaces shall not be steeper than 1:48 (2.1%)2.5%11B-403.3 Civic Center Site 513A 513B 791 514A Accessible Route Running Slope The running slope of walking surfaces shall not be steeper than 1:20 (5%)7.2% at garden pathway 11B-403.3 Civic Center Site 514A 514B 792 515A Parking Space dimensions 9'x18' at standard space, 12'x18' at Van space 17'-9" long 11B-502.2 Civic Center Site 515A- 515F 793 515B Parking Slope Parking spaces and access aisles shall be at the same level and not steeper than 1:48 (2.1%)Slope greater than 2.1%, see photos 11B-502.4 Civic Center Site 515A- 515F 794 515C Parking Sign content ISA symbol, white on blue background with "MINIMUM FINE $250" and "VAN ACCESSIBLE" at van stalls No 'VAN ACCESSIBLE" text 11B-502.6 Civic Center Site 515A- 515F 795 515D Parking Space markings ISA symbol 36" square, white on blue background, located within 6" of center and aligned with back of space Symbol not aligned with back of space 11B-502.6.4.1 Civic Center Site 515A- 515F 796 515E Parking Sign Sign stating "UNAUTHORIZED VEHICLES … WILL BE TOWED AT OWNER'S EXPENSE" No additional sign 11B-502.8 Civic Center Site 797 515G EVCS Scope Where EVCS are provided, accessible EVCS shall be included No accessible EVCS provided 11B-228.3 Civic Center Site 515G 515H 798 516A Accessible Route Detectable Warnings Where a walk crosses or adjoins a vehicle way at the same level, the boundary between the two shall be defined by detectable warnings No detectable warnings 11B-247.1.2.5 Civic Center Site 516A- 516E Page 38 of 39 Item Location Category Sub-Category Requirement Measured or Observed Code Building Photo Part 2 - Assessment 799 517A Accessible Route Running Slope The running slope of walking surfaces shall not be steeper than 1:20 (5%)Slope greater than 5%, see photos 11B-403.3 Civic Center Site 517A- 517H 800 517I Accessible Route Stair Landing Slope shall not be steeper than 1:48 (2.1%)4.3%1011.7.7 Civic Center Site 517I 517J 801 518A Parking Aisle markings Blue borderline around entire perimeter, contrasting crosshatching at 36" O.C., "NO PARKING" in 12" high letters No blue borderline, no "NO PARKING" text 11B-502.3.3 Civic Center Site 518A 802 518B Parking Sign content ISA symbol, white on blue background with "MINIMUM FINE $250" and "VAN ACCESSIBLE" at van stalls No "MINIMUM FINE" text 11B-502.6 Civic Center Site 518A 803 518C Parking Space markings ISA symbol 36" square, white on blue background, located within 6" of center and aligned with back of space Symbol not aligned with back of space 11B-502.6.4.1 Civic Center Site 518A Page 39 of 39 Part 3 - Photos Saratoga ADA Assessment Page 1 of 163 001A 001B 001C Part 3 - Photos Saratoga ADA Assessment Page 2 of 163 001D 002A Part 3 - Photos Saratoga ADA Assessment Page 3 of 163 002C 003A Part 3 - Photos Saratoga ADA Assessment Page 4 of 163 003B 004A 005A Part 3 - Photos Saratoga ADA Assessment Page 5 of 163 007A 008A Part 3 - Photos Saratoga ADA Assessment Page 6 of 163 008B 008C Part 3 - Photos Saratoga ADA Assessment Page 7 of 163 008D 008E Part 3 - Photos Saratoga ADA Assessment Page 8 of 163 008F 008G Part 3 - Photos Saratoga ADA Assessment Page 9 of 163 008H 008I Part 3 - Photos Saratoga ADA Assessment Page 10 of 163 008J 009A Part 3 - Photos Saratoga ADA Assessment Page 11 of 163 009B 009C Part 3 - Photos Saratoga ADA Assessment Page 12 of 163 009D 009E Part 3 - Photos Saratoga ADA Assessment Page 13 of 163 009F 010A Part 3 - Photos Saratoga ADA Assessment Page 14 of 163 010B 011A Part 3 - Photos Saratoga ADA Assessment Page 15 of 163 011B 012A Part 3 - Photos Saratoga ADA Assessment Page 16 of 163 012B 013A Part 3 - Photos Saratoga ADA Assessment Page 17 of 163 014A 015A Part 3 - Photos Saratoga ADA Assessment Page 18 of 163 015C 015D Part 3 - Photos Saratoga ADA Assessment Page 19 of 163 016A 017A Part 3 - Photos Saratoga ADA Assessment Page 20 of 163 017B 017C Part 3 - Photos Saratoga ADA Assessment Page 21 of 163 017D 018A Part 3 - Photos Saratoga ADA Assessment Page 22 of 163 018B 101A Part 3 - Photos Saratoga ADA Assessment Page 23 of 163 101B 101C 101D Part 3 - Photos Saratoga ADA Assessment Page 24 of 163 102A 102B 104A Part 3 - Photos Saratoga ADA Assessment Page 25 of 163 105A 112A Part 3 - Photos Saratoga ADA Assessment Page 26 of 163 113A 114A 114D Part 3 - Photos Saratoga ADA Assessment Page 27 of 163 114E 115B Part 3 - Photos Saratoga ADA Assessment Page 28 of 163 116B 118A Part 3 - Photos Saratoga ADA Assessment Page 29 of 163 118B 121B Part 3 - Photos Saratoga ADA Assessment Page 30 of 163 121D 122A Part 3 - Photos Saratoga ADA Assessment Page 31 of 163 123A 124A Part 3 - Photos Saratoga ADA Assessment Page 32 of 163 125A 125B Part 3 - Photos Saratoga ADA Assessment Page 33 of 163 126A 126B Part 3 - Photos Saratoga ADA Assessment Page 34 of 163 126C 126D Part 3 - Photos Saratoga ADA Assessment Page 35 of 163 127A 127B Part 3 - Photos Saratoga ADA Assessment Page 36 of 163 127C 127D Part 3 - Photos Saratoga ADA Assessment Page 37 of 163 128A 128B Part 3 - Photos Saratoga ADA Assessment Page 38 of 163 128C 128D Part 3 - Photos Saratoga ADA Assessment Page 39 of 163 129A 129B Part 3 - Photos Saratoga ADA Assessment Page 40 of 163 130A 130B Part 3 - Photos Saratoga ADA Assessment Page 41 of 163 131A 132A Part 3 - Photos Saratoga ADA Assessment Page 42 of 163 201A 203A Part 3 - Photos Saratoga ADA Assessment Page 43 of 163 203F 204B Part 3 - Photos Saratoga ADA Assessment Page 44 of 163 205A 205B 205E Part 3 - Photos Saratoga ADA Assessment Page 45 of 163 205G 205K 205M Part 3 - Photos Saratoga ADA Assessment Page 46 of 163 206A 206E Part 3 - Photos Saratoga ADA Assessment Page 47 of 163 206H 207B Part 3 - Photos Saratoga ADA Assessment Page 48 of 163 208A 209A 210A 211A Part 3 - Photos Saratoga ADA Assessment Page 49 of 163 211B 212A 220A Part 3 - 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PART 35—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES DVDPHQGHGE\WKH¿QDOUXOHSXEOLVKHGRQ September 15, 2010) Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134. Subpart A—General § 35.101 Purpose. The purpose of this part is to effectuate subtitle A of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131), which prohibits discrimination on the basis of disability by public entities. § 35.102 Application. (a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and activities provided or made available by public entities. (b) To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title II of the ADA, they are not subject to the requirements of this part. § 35.103 Relationship to other laws. (a) Rule of interpretation. Except as otherwise provided in this part, this part shall not be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 or the regulations issued by Federal agencies pursuant to that title. (b) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them. § 35.104 Definitions. For purposes of this part, the term— 1991 Standards means the requirements set forth in the ADA Standards for Accessible Design, originally published on July 26, 1991, and republished as Appendix D to 28 CFR part 36. 2004 ADAAG means the requirements set forth in appendices B and D to 36 CFR part 1191 (2009). 2010 Standards means the 2010 ADA Standards for Accessible Design, which consist of the 2004 ADAAG and the requirements contained in § 35.151. Act means the Americans with Disabilities Act (Pub. L. 101-336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. 225 and 611). Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice. Auxiliary aids and services includes— (1) Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real- time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing; Title II Regulations - 29 28 CFR Part 35 Department of Justice (2) Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision; (3) Acquisition or modification of equipment or devices; and (4) Other similar services and actions. Complete complaint means a written statement that contains the complainant’s name and address and describes the public entity’s alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of this part. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. Current illegal use of drugs means illegal use of drugs that occurred recently enough to justify a reasonable belief that a person’s drug use is current or that continuing use is a real and ongoing problem. Designated agency means the Federal agency designated under subpart G of this part to oversee compliance activities under this part for particular components of State and local governments. Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided in § 35.139. Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (1) (i) The phrase physical or mental impairment means— (A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; (B) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (ii) The phrase physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. (iii) The phrase physical or mental impairment does not include homosexuality or bisexuality. (2) The phrase major life activities means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. 30 - Title II Regulations 28 CFR Part 35 Department of Justice (4) The phrase is regarded as having an impairment means— (i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a public entity as having such an impairment. (5) The term disability does not include— (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs. Drug means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812). Existing facility means a facility in existence on any given date, without regard to whether the facility may also be considered newly constructed or altered under this part. Facility means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located. Historic preservation programs means programs conducted by a public entity that have preservation of historic properties as a primary purpose. Historic properties means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under State or local law. Housing at a place of education means housing operated by or on behalf of an elementary, secondary, undergraduate, or postgraduate school, or other place of education, including dormitories, suites, apartments, or other places of residence. Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). The term illegal use of drugs does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. Individual with a disability means a person who has a disability. The term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs, when the public entity acts on the basis of such use. Other power-driven mobility device means any mobility device powered by batteries, fuel, or other engines––whether or not designed primarily for use by individuals with mobility disabilities––that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section. This Title II Regulations - 31 28 CFR Part 35 Department of Justice definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207(c) (2). Public entity means— (1) Any State or local government; (2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and (3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act). Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. Qualified interpreter means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators. Qualified reader means a person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary. Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794), as amended. Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. Video remote interpreting (VRI) service means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images as provided in § 35.160(d). 32 - Title II Regulations 28 CFR Part 35 Department of Justice Wheelchair means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207 (c)(2). § 35.105 Self-evaluation. (a) A public entity shall, within one year of the effective date of this part, evaluate its current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications. (b) A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments. (c) A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection: (1) A list of the interested persons consulted; (2) A description of areas examined and any problems identified; and (3) A description of any modifications made. (d) If a public entity has already complied with the self-evaluation requirement of a regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this section shall apply only to those policies and practices that were not included in the previous self- evaluation. § 35.106 Notice. A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part. § 35.107 Designation of responsible employee and adoption of grievance procedures. (a) Designation of responsible employee. A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The public entity shall make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph. (b) Complaint procedure. A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part. §§ 35.108—35.129 [Reserved] Subpart B—General Requirements § 35.130 General prohibitions against discrimination. (a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. (b) (1) A public entity, in providing any aid, benefit, or service, may not, directly or through Title II Regulations - 33 28 CFR Part 35 Department of Justice contractual, licensing, or other arrangements, on the basis of disability— (i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (iii) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; (iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others; (v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the public entity’s program; (vi) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards; (vii) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. (2) A public entity may not deny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. (3) A public entity may not, directly or through contractual or other arrangements, utilize criteria or methods of administration— (i) That have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability; (ii) That have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the public entity’s program with respect to individuals with disabilities; or (iii) That perpetuate the discrimination of another public entity if both public entities are subject to common administrative control or are agencies of the same State. (4) A public entity may not, in determining the site or location of a facility, make selections— (i) That have the effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination; or (ii) That have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the service, program, or activity with respect to individuals with disabilities. (5) A public entity, in the selection of procurement contractors, may not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability. (6) A public entity may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability, nor may a public entity establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. The programs or activities of entities that are licensed or certified by a public entity are not, themselves, covered by this part. (7) A public entity shall make reasonable modifications in policies, practices, or 34 - Title II Regulations 28 CFR Part 35 Department of Justice procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. (8) A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered. (c) Nothing in this part prohibits a public entity from providing benefits, services, or advantages to individuals with disabilities, or to a particular class of individuals with disabilities beyond those required by this part. (d) A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. (e) (1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under the ADA or this part which such individual chooses not to accept. (2) Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual. (f) A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids or program accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part. (g) A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association. (h) A public entity may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities. However, the public entity must ensure that its safety requirements are based on actual risks, not on mere speculation, stereotypes, or generalizations about individuals with disabilities. § 35.131 Illegal use of drugs. (a) General. (1) Except as provided in paragraph (b) of this section, this part does not prohibit discrimination against an individual based on that individual’s current illegal use of drugs. (2) A public entity shall not discriminate on the basis of illegal use of drugs against an individual who is not engaging in current illegal use of drugs and who— (i) Has successfully completed a supervised drug rehabilitation program or has otherwise been rehabilitated successfully; (ii) Is participating in a supervised rehabilitation program; or (iii) Is erroneously regarded as engaging in such use. (b) Health and drug rehabilitation services. (1) A public entity shall not deny health services, or services provided in connection with drug rehabilitation, to an individual on the basis of that individual’s current illegal use of drugs, if the individual is otherwise entitled to such services. (2) A drug rehabilitation or treatment program may deny participation to individuals who engage in illegal use of drugs while they are in the program. (c) Drug testing. (1) This part does not prohibit a public entity from adopting or administering reasonable policies or procedures, including but not limited Title II Regulations - 35 28 CFR Part 35 Department of Justice to drug testing, designed to ensure that an individual who formerly engaged in the illegal use of drugs is not now engaging in current illegal use of drugs. (2) Nothing in paragraph (c) of this section shall be construed to encourage, prohibit, restrict, or authorize the conduct of testing for the illegal use of drugs. § 35.132 Smoking. This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in transportation covered by this part. § 35.133 Maintenance of accessible features. (a) A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part. (b) This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. (c) If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards. § 35.134 Retaliation or coercion. (a) No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part. (b) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part. § 35.135 Personal devices and services. This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing. § 35.136 Service animals. (a) General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability. (b) Exceptions. A public entity may ask an individual with a disability to remove a service animal from the premises if— (1) The animal is out of control and the animal’s handler does not take effective action to control it; or (2) The animal is not housebroken. (c) If an animal is properly excluded. If a public entity properly excludes a service animal under § 35.136(b), it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises. (d) Animal under handler’s control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means). 36 - Title II Regulations 28 CFR Part 35 Department of Justice (e) Care or supervision. A public entity is not responsible for the care or supervision of a service animal. (f) Inquiries. A public entity shall not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability). (g) Access to areas of a public entity. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity’s facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go. (h) Surcharges. A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal. (i) Miniature horses. (1) Reasonable modifications. A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. (2) Assessment factors. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public entity shall consider— (i) The type, size, and weight of the miniature horse and whether the facility can accommodate these features; (ii) Whether the handler has sufficient control of the miniature horse; (iii) Whether the miniature horse is housebroken; and (iv) Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation. (3) Other requirements. Paragraphs 35.136 (c) through (h) of this section, which apply to service animals, shall also apply to miniature horses. § 35.137 Mobility devices. (a) Use of wheelchairs and manually-powered mobility aids. A public entity shall permit individuals with mobility disabilities to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities in any areas open to pedestrian use. (b) (1) Use of other power-driven mobility devices. A public entity shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power- driven mobility devices by individuals with mobility disabilities, unless the public entity can demonstrate that the class of other power- driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted pursuant to § 35.130(h). Title II Regulations - 37 28 CFR Part 35 Department of Justice (2) Assessment factors. In determining whether a particular other power-driven mobility device can be allowed in a specific facility as a reasonable modification under paragraph (b)(1) of this section, a public entity shall consider— (i) The type, size, weight, dimensions, and speed of the device; (ii) The facility’s volume of pedestrian traffic (which may vary at different times of the day, week, month, or year); (iii) The facility’s design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user); (iv) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility; and (v) Whether the use of the other power- driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal land management laws and regulations. (c) (1) Inquiry about disability. A public entity shall not ask an individual using a wheelchair or other power-driven mobility device questions about the nature and extent of the individual’s disability. (2) Inquiry into use of other power-driven mobility device. A public entity may ask a person using an other power-driven mobility device to provide a credible assurance that the mobility device is required because of the person’s disability. A public entity that permits the use of an other power-driven mobility device by an individual with a mobility disability shall accept the presentation of a valid, State-issued, disability parking placard or card, or other State-issued proof of disability as a credible assurance that the use of the other power- driven mobility device is for the individual’s mobility disability. In lieu of a valid, State- issued disability parking placard or card, or State-issued proof of disability, a public entity shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the other power-driven mobility device is being used for a mobility disability. A “valid” disability placard or card is one that is presented by the individual to whom it was issued and is otherwise in compliance with the State of issuance’s requirements for disability placards or cards. § 35.138 Ticketing. (a) (1) For the purposes of this section, “accessible seating” is defined as wheelchair spaces and companion seats that comply with sections 221 and 802 of the 2010 Standards along with any other seats required to be offered for sale to the individual with a disability pursuant to paragraph (d) of this section. (2) Ticket sales. A public entity that sells tickets for a single event or series of events shall modify its policies, practices, or procedures to ensure that individuals with disabilities have an equal opportunity to purchase tickets for accessible seating— (i) During the same hours; (ii) During the same stages of ticket sales, including, but not limited to, pre-sales, promotions, lotteries, wait-lists, and general sales; (iii) Through the same methods of distribution; (iv) In the same types and numbers of ticketing sales outlets, including telephone service, in-person ticket sales at the facility, or third-party ticketing services, as other patrons; and 38 - Title II Regulations 28 CFR Part 35 Department of Justice (v) Under the same terms and conditions as other tickets sold for the same event or series of events. (b) Identification of available accessible seating. A public entity that sells or distributes tickets for a single event or series of events shall, upon inquiry— (1) Inform individuals with disabilities, their companions, and third parties purchasing tickets for accessible seating on behalf of individuals with disabilities of the locations of all unsold or otherwise available accessible seating for any ticketed event or events at the facility; (2) Identify and describe the features of available accessible seating in enough detail to reasonably permit an individual with a disability to assess independently whether a given accessible seating location meets his or her accessibility needs; and (3) Provide materials, such as seating maps, plans, brochures, pricing charts, or other information, that identify accessible seating and information relevant thereto with the same text or visual representations as other seats, if such materials are provided to the general public. (c) Ticket prices. The price of tickets for accessible seating for a single event or series of events shall not be set higher than the price for other tickets in the same seating section for the same event or series of events. Tickets for accessible seating must be made available at all price levels for every event or series of events. If tickets for accessible seating at a particular price level are not available because of inaccessible features, then the percentage of tickets for accessible seating that should have been available at that price level (determined by the ratio of the total number of tickets at that price level to the total number of tickets in the assembly area) shall be offered for purchase, at that price level, in a nearby or similar accessible location. (d) Purchasing multiple tickets. (1) General. For each ticket for a wheelchair space purchased by an individual with a disability or a third-party purchasing such a ticket at his or her request, a public entity shall make available for purchase three additional tickets for seats in the same row that are contiguous with the wheelchair space, provided that at the time of purchase there are three such seats available. A public entity is not required to provide more than three contiguous seats for each wheelchair space. Such seats may include wheelchair spaces. (2) Insufficient additional contiguous seats available. If patrons are allowed to purchase at least four tickets, and there are fewer than three such additional contiguous seat tickets available for purchase, a public entity shall offer the next highest number of such seat tickets available for purchase and shall make up the difference by offering tickets for sale for seats that are as close as possible to the accessible seats. (3) Sales limited to less than four tickets. If a public entity limits sales of tickets to fewer than four seats per patron, then the public entity is only obligated to offer as many seats to patrons with disabilities, including the ticket for the wheelchair space, as it would offer to patrons without disabilities. (4) Maximum number of tickets patrons may purchase exceeds four. If patrons are allowed to purchase more than four tickets, a public entity shall allow patrons with disabilities to purchase up to the same number of tickets, including the ticket for the wheelchair space. (5) Group sales. If a group includes one or more individuals who need to use accessible seating because of a mobility disability or because their disability requires the use of the accessible features that are provided in accessible seating, the group shall be placed in a seating area with accessible seating so that, if possible, the group can sit together. If it is necessary to divide the group, it should be divided so that the individuals in the group Title II Regulations - 39 28 CFR Part 35 Department of Justice who use wheelchairs are not isolated from their group. (e) Hold-and-release of tickets for accessible seating. (1) Tickets for accessible seating may be released for sale in certain limited circumstances. A public entity may release unsold tickets for accessible seating for sale to individuals without disabilities for their own use for a single event or series of events only under the following circumstances— (i) When all non-accessible tickets (excluding luxury boxes, club boxes, or suites) have been sold; (ii) When all non-accessible tickets in a designated seating area have been sold and the tickets for accessible seating are being released in the same designated area; or (iii) When all non-accessible tickets in a designated price category have been sold and the tickets for accessible seating are being released within the same designated price category. (2) No requirement to release accessible tickets. Nothing in this paragraph requires a facility to release tickets for accessible seating to individuals without disabilities for their own use. (3) Release of series-of-events tickets on a series-of-events basis. (i) Series-of-events tickets sell-out when no ownership rights are attached. When series-of-events tickets are sold out and a public entity releases and sells accessible seating to individuals without disabilities for a series of events, the public entity shall establish a process that prevents the automatic reassignment of the accessible seating to such ticket holders for future seasons, future years, or future series so that individuals with disabilities who require the features of accessible seating and who become newly eligible to purchase tickets when these series- of-events tickets are available for purchase have an opportunity to do so. (ii) Series-of-events tickets when ownership rights are attached. When series-of-events tickets with an ownership right in accessible seating areas are forfeited or otherwise returned to a public entity, the public entity shall make reasonable modifications in its policies, practices, or procedures to afford individuals with mobility disabilities or individuals with disabilities that require the features of accessible seating an opportunity to purchase such tickets in accessible seating areas. (f) Ticket transfer. Individuals with disabilities who hold tickets for accessible seating shall be permitted to transfer tickets to third parties under the same terms and conditions and to the same extent as other spectators holding the same type of tickets, whether they are for a single event or series of events. (g) Secondary ticket market. (1) A public entity shall modify its policies, practices, or procedures to ensure that an individual with a disability may use a ticket acquired in the secondary ticket market under the same terms and conditions as other individuals who hold a ticket acquired in the secondary ticket market for the same event or series of events. (2) If an individual with a disability acquires a ticket or series of tickets to an inaccessible seat through the secondary market, a public entity shall make reasonable modifications to its policies, practices, or procedures to allow the individual to exchange his ticket for one to an accessible seat in a comparable location if accessible seating is vacant at the time the individual presents the ticket to the public entity. (h) Prevention of fraud in purchase of tickets for accessible seating. A public entity may not require proof of disability, including, for example, a doctor’s note, before selling tickets for accessible seating. 40 - Title II Regulations 28 CFR Part 35 Department of Justice (1) Single-event tickets. For the sale of single-event tickets, it is permissible to inquire whether the individual purchasing the tickets for accessible seating has a mobility disability or a disability that requires the use of the accessible features that are provided in accessible seating, or is purchasing the tickets for an individual who has a mobility disability or a disability that requires the use of the accessible features that are provided in the accessible seating. (2) Series-of-events tickets. For series-of- events tickets, it is permissible to ask the individual purchasing the tickets for accessible seating to attest in writing that the accessible seating is for a person who has a mobility disability or a disability that requires the use of the accessible features that are provided in the accessible seating. (3) Investigation of fraud. A public entity may investigate the potential misuse of accessible seating where there is good cause to believe that such seating has been purchased fraudulently. § 35.139 Direct threat. (a) This part does not require a public entity to permit an individual to participate in or benefit from the services, programs, or activities of that public entity when that individual poses a direct threat to the health or safety of others. (b) In determining whether an individual poses a direct threat to the health or safety of others, a public entity must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk. Subpart C—Employment § 35.140 Employment discrimination prohibited. (a) No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public entity. (b) (1) For purposes of this part, the requirements of title I of the Act, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, apply to employment in any service, program, or activity conducted by a public entity if that public entity is also subject to the jurisdiction of title I. (2) For the purposes of this part, the requirements of section 504 of the Rehabilitation Act of 1973, as established by the regulations of the Department of Justice in 28 CFR part 41, as those requirements pertain to employment, apply to employment in any service, program, or activity conducted by a public entity if that public entity is not also subject to the jurisdiction of title I. §§ 35.141—35.148 [Reserved] Subpart D—Program Accessibility § 35.149 Discrimination prohibited. Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity’s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. § 35.150 Existing facilities. (a) General. A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, Title II Regulations - 41 28 CFR Part 35 Department of Justice is readily accessible to and usable by individuals with disabilities. This paragraph does not— (1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities; (2) Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or (3) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with §35.150(a) of this part would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided by the public entity. (b) Methods. (1) General. A public entity may comply with the requirements of this section through such means as redesign or acquisition of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock or other conveyances, or any other methods that result in making its services, programs, or activities readily accessible to and usable by individuals with disabilities. A public entity is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. A public entity, in making alterations to existing buildings, shall meet the accessibility requirements of § 35.151. In choosing among available methods for meeting the requirements of this section, a public entity shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities in the most integrated setting appropriate. (2) (i) Safe harbor. Elements that have not been altered in existing facilities on or after March 15, 2012, and that comply with the corresponding technical and scoping specifications for those elements in either the 1991 Standards or in the Uniform Federal Accessibility Standards (UFAS), Appendix A to 41 CFR part 101–19.6 (July 1, 2002 ed.), 49 FR 31528, app. A (Aug. 7, 1984) are not required to be modified in order to comply with the requirements set forth in the 2010 Standards. (ii) The safe harbor provided in § 35.150(b) (2)(i) does not apply to those elements in existing facilities that are subject to supplemental requirements (i.e., elements for which there are neither technical nor scoping specifications in the 1991 Standards). Elements in the 2010 Standards not eligible for the element-by-element safe harbor are identified as follows–– (A) Residential facilities dwelling units, sections 233 and 809. (B) Amusement rides, sections 234 and 1002; 206.2.9; 216.12. (C) Recreational boating facilities, sections 235 and 1003; 206.2.10. (D) Exercise machines and equipment, 42 - Title II Regulations 28 CFR Part 35 Department of Justice sections 236 and 1004; 206.2.13. (E) Fishing piers and platforms, sections 237 and 1005; 206.2.14. (F) Golf facilities, sections 238 and 1006; 206.2.15. (G) Miniature golf facilities, sections 239 and 1007; 206.2.16. (H) Play areas, sections 240 and 1008; 206.2.17. (I) Saunas and steam rooms, sections 241 and 612. (J) Swimming pools, wading pools, and spas, sections 242 and 1009. (K) Shooting facilities with firing positions, sections 243 and 1010. (L) Miscellaneous. (1) Team or player seating, section 221.2.1.4. (2) Accessible route to bowling lanes, section. 206.2.11. (3) Accessible route in court sports facilities, section 206.2.12. (3) Historic preservation programs. In meeting the requirements of § 35.150(a) in historic preservation programs, a public entity shall give priority to methods that provide physical access to individuals with disabilities. In cases where a physical alteration to an historic property is not required because of paragraph (a)(2) or (a)(3) of this section, alternative methods of achieving program accessibility include— (i) Using audio-visual materials and devices to depict those portions of an historic property that cannot otherwise be made accessible; (ii) Assigning persons to guide individuals with handicaps into or through portions of historic properties that cannot otherwise be made accessible; or (iii) Adopting other innovative methods. (c) Time period for compliance. Where structural changes in facilities are undertaken to comply with the obligations established under this section, such changes shall be made within three years of January 26, 1992, but in any event as expeditiously as possible. (d) Transition plan. (1) In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more persons shall develop, within six months of January 26, 1992, a transition plan setting forth the steps necessary to complete such changes. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. A copy of the transition plan shall be made available for public inspection. (2) If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas. (3) The plan shall, at a minimum— (i) Identify physical obstacles in the public entity’s facilities that limit the accessibility of its programs or activities to individuals with disabilities; (ii) Describe in detail the methods that will be used to make the facilities accessible; (iii) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and (iv) Indicate the official responsible for implementation of the plan. (4) If a public entity has already complied Title II Regulations - 43 28 CFR Part 35 Department of Justice with the transition plan requirement of a Federal agency regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this paragraph (d) shall apply only to those policies and practices that were not included in the previous transition plan. § 35.151 New construction and alterations (a) Design and construction. (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992. (2) Exception for structural impracticability. (i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable. (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section. (b) Alterations. (1) Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992. (2) The path of travel requirements of § 35.151(b)(4) shall apply only to alterations undertaken solely for purposes other than to meet the program accessibility requirements of § 35.150. (3) (i) Alterations to historic properties shall comply, to the maximum extent feasible, with the provisions applicable to historic properties in the design standards specified in § 35.151(c). (ii) If it is not feasible to provide physical access to an historic property in a manner that will not threaten or destroy the historic significance of the building or facility, alternative methods of access shall be provided pursuant to the requirements of § 35.150. (4) Path of travel. An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration. (i) Primary function. A “primary function” is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms 44 - Title II Regulations 28 CFR Part 35 Department of Justice in a conference center, as well as offices and other work areas in which the activities of the public entity using the facility are carried out. (A) Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, and corridors are not areas containing a primary function. Restrooms are not areas containing a primary function unless the provision of restrooms is a primary purpose of the area, e.g., in highway rest stops. (B) For the purposes of this section, alterations to windows, hardware, controls, electrical outlets, and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function. (ii) A “path of travel” includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility. (A) An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements. (B) For the purposes of this section, the term “path of travel” also includes the restrooms, telephones, and drinking fountains serving the altered area. (C) Safe harbor. If a public entity has constructed or altered required elements of a path of travel in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standards before March 15, 2012, the public entity is not required to retrofit such elements to reflect incremental changes in the 2010 Standards solely because of an alteration to a primary function area served by that path of travel. (iii) Disproportionality. (A) Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20 % of the cost of the alteration to the primary function area. (B) Costs that may be counted as expenditures required to provide an accessible path of travel may include: (1) Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps; (2) Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls; (3) Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a text telephone (TTY); and (4) Costs associated with relocating an inaccessible drinking fountain. (iv) Duty to provide accessible features in the event of disproportionality. (A) When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs. (B) In choosing which accessible elements to provide, priority should be given Title II Regulations - 45 28 CFR Part 35 Department of Justice to those elements that will provide the greatest access, in the following order— (1) An accessible entrance; (2) An accessible route to the altered area; (3) At least one accessible restroom for each sex or a single unisex restroom; (4) Accessible telephones; (5) Accessible drinking fountains; and (6) When possible, additional accessible elements such as parking, storage, and alarms. (v) Series of smaller alterations. (A) The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking. (B) (1) If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on the same path of travel, are undertaken within three years of the original alteration, the total cost of alterations to the primary function areas on that path of travel during the preceding three-year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate. (2) Only alterations undertaken on or after March 15, 2011 shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost of the alterations. (c) Accessibility standards and compliance date. (1) If physical construction or alterations commence after July 26, 1992, but prior to September 15, 2010, then new construction and alterations subject to this section must comply with either the UFAS or the 1991 Standards except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply. Departures from particular requirements of either standard Appendix to § 35.151(c) Compliance Dates for New Construction and Alterations Applicable Standards Before September 15, 2010 1991 Standards or UFAS On or after September 15, 2010, and before March 15, 2012 1991 Standards, UFAS, or 2010 Standards On or after March 15, 2012 2010 Standards 46 - Title II Regulations 28 CFR Part 35 Department of Justice by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided. (2) If physical construction or alterations commence on or after September 15, 2010, and before March 15, 2012, then new construction and alterations subject to this section may comply with one of the following: the 2010 Standards, UFAS, or the 1991 Standards except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply. Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided. (3) If physical construction or alterations commence on or after March 15, 2012, then new construction and alterations subject to this section shall comply with the 2010 Standards. (4) For the purposes of this section, ceremonial groundbreaking or razing of structures prior to site preparation do not commence physical construction or alterations. (5) Noncomplying new construction and alterations. (i) Newly constructed or altered facilities or elements covered by §§ 35.151(a) or (b) that were constructed or altered before March 15, 2012, and that do not comply with the 1991 Standards or with UFAS shall before March 15, 2012, be made accessible in accordance with either the 1991 Standards, UFAS, or the 2010 Standards. (ii) Newly constructed or altered facilities or elements covered by §§ 35.151(a) or (b) that ZHUH constructed or altered EHIRUH March 15, 2012and that do not comply with the 1991 Standards or with UFAS shall, on or after March 15, 2012, be made accessible in accordance with the 2010 Standards. (d) Scope of coverage. The 1991 Standards and the 2010 Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, the advisory notes, appendix notes, and figures contained in the 1991 Standards and the 2010 Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements. (e) Social service center establishments. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this section shall comply with the provisions of the 2010 Standards applicable to residential facilities, including, but not limited to, the provisions in sections 233 and 809. (1) In sleeping rooms with more than 25 beds covered by this section, a minimum of 5% of the beds shall have clear floor space complying with section 806.2.3 of the 2010 Standards. (2) Facilities with more than 50 beds covered by this section that provide common use bathing facilities, shall provide at least one roll-in shower with a seat that complies with the relevant provisions of section 608 of the 2010 Standards. Transfer-type showers are not permitted in lieu of a roll-in shower with a seat, and the exceptions in sections 608.3 and 608.4 for residential dwelling units are not permitted. When separate shower facilities are provided for men and for women, at least one roll-in shower shall be provided for each group. (f) Housing at a place of education. Housing at a place of education that is subject to this section shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806 subject to the following exceptions. For the purposes of the application of this section, Title II Regulations - 47 28 CFR Part 35 Department of Justice the term “sleeping room” is intended to be used interchangeably with the term “guest room” as it is used in the transient lodging standards. (1) Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping rooms with mobility features shall provide turning spaces that comply with section 809.2.2 of the 2010 Standards and kitchen work surfaces that comply with section 804.3 of the 2010 Standards. (2) Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in accordance with section 809.2 of the 2010 Standards. (3) Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty, and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards. (g) Assembly areas. Assembly areas subject to this section shall comply with the provisions of the 2010 Standards applicable to assembly areas, including, but not limited to, sections 221 and 802. In addition, assembly areas shall ensure that— (1) In stadiums, arenas, and grandstands, wheelchair spaces and companion seats are dispersed to all levels that include seating served by an accessible route; (2) Assembly areas that are required to horizontally disperse wheelchair spaces and companion seats by section 221.2.3.1 of the 2010 Standards and have seating encircling, in whole or in part, a field of play or performance area shall disperse wheelchair spaces and companion seats around that field of play or performance area; (3) Wheelchair spaces and companion seats are not located on (or obstructed by) temporary platforms or other movable structures, except that when an entire seating section is placed on temporary platforms or other movable structures in an area where fixed seating is not provided, in order to increase seating for an event, wheelchair spaces and companion seats may be placed in that section. When wheelchair spaces and companion seats are not required to accommodate persons eligible for those spaces and seats, individual, removable seats may be placed in those spaces and seats; (4) Stadium-style movie theaters shall locate wheelchair spaces and companion seats on a riser or cross-aisle in the stadium section that satisfies at least one of the following criteria— (i) It is located within the rear 60% of the seats provided in an auditorium; or (ii) It is located within the area of an auditorium in which the vertical viewing angles (as measured to the top of the screen) are from the 40th to the 100th percentile of vertical viewing angles for all seats as ranked from the seats in the first row (1st percentile) to seats in the back row (100th percentile). (h) Medical care facilities. Medical care facilities that are subject to this section shall comply with the provisions of the 2010 Standards applicable to medical care facilities, including, but not limited to, sections 223 and 805. In addition, medical care facilities that do not specialize in the treatment of conditions that affect mobility shall disperse the accessible patient bedrooms required by section 223.2.1 of the 2010 Standards in a manner that is proportionate by type of medical specialty. (i) Curb ramps. (1) Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. 48 - Title II Regulations 28 CFR Part 35 Department of Justice (2) Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways. (j) Facilities with residential dwelling units for sale to individual owners. (1) Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities in the 2010 Standards including sections 233 and 809. (2) The requirements of paragraph (1) also apply to housing programs that are operated by public entities where design and construction of particular residential dwelling units take place only after a specific buyer has been identified. In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those pre-identified buyers with disabilities who have requested such a unit. (k) Detention and correctional facilities. (1) New construction of jails, prisons, and other detention and correctional facilities shall comply with the 2010 Standards except that public entities shall provide accessible mobility features complying with section 807.2 of the 2010 Standards for a minimum of 3%, but no fewer than one, of the total number of cells in a facility. Cells with mobility features shall be provided in each classification level. (2) Alterations to detention and correctional facilities. Alterations to jails, prisons, and other detention and correctional facilities shall comply with the 2010 Standards except that public entities shall provide accessible mobility features complying with section 807.2 of the 2010 Standards for a minimum of 3%, but no fewer than one, of the total number of cells being altered until at least 3%, but no fewer than one, of the total number of cells in a facility shall provide mobility features complying with section 807.2. Altered cells with mobility features shall be provided in each classification level. However, when alterations are made to specific cells, detention and correctional facility operators may satisfy their obligation to provide the required number of cells with mobility features by providing the required mobility features in substitute cells (cells other than those where alterations are originally planned), provided that each substitute cell— (i) Is located within the same prison site; (ii) Is integrated with other cells to the maximum extent feasible; (iii) Has, at a minimum, equal physical access as the altered cells to areas used by inmates or detainees for visitation, dining, recreation, educational programs, medical services, work programs, religious services, and participation in other programs that the facility offers to inmates or detainees; and, (iv) If it is technically infeasible to locate a substitute cell within the same prison site, a substitute cell must be provided at another prison site within the corrections system. (3) With respect to medical and long-term care facilities in jails, prisons, and other detention and correctional facilities, public entities shall apply the 2010 Standards technical and scoping requirements for those facilities irrespective of whether those facilities are licensed. § 35.152 Jails, detention and correctional facilities, and community correctional facilities. (a) General. This section applies to public entities that are responsible for the operation or management of adult and juvenile justice jails, detention and correctional facilities, and community correctional facilities, either directly or through contractual, licensing, or other arrangements with public or private entities, in whole or in part, including private correctional facilities. Title II Regulations - 49 28 CFR Part 35 Department of Justice (b) Discrimination prohibited. (1) Public entities shall ensure that qualified inmates or detainees with disabilities shall not, because a facility is inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of, the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. (2) Public entities shall ensure that inmates or detainees with disabilities are housed in the most integrated setting appropriate to the needs of the individuals. Unless it is appropriate to make an exception, a public entity– (i) Shall not place inmates or detainees with disabilities in inappropriate security classifications because no accessible cells or beds are available; (ii) Shall not place inmates or detainees with disabilities in designated medical areas unless they are actually receiving medical care or treatment; (iii) Shall not place inmates or detainees with disabilities in facilities that do not offer the same programs as the facilities where they would otherwise be housed; and (iv) Shall not deprive inmates or detainees with disabilities of visitation with family members by placing them in distant facilities where they would not otherwise be housed. (3) Public entities shall implement reasonable policies, including physical modifications to additional cells in accordance with the 2010 Standards, so as to ensure that each inmate with a disability is housed in a cell with the accessible elements necessary to afford the inmate access to safe, appropriate housing. §§ 35.153—35.159 [Reserved] Subpart E—Communications § 35.160 General. (a) (1) A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others. (2) For purposes of this section, “companion” means a family member, friend, or associate of an individual seeking access to a service, program, or activity of a public entity, who, along with such individual, is an appropriate person with whom the public entity should communicate. (b) (1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford qualified individuals with disabilities, including applicants, participants, companions, and members of the public, an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of a public entity. (2) The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities. In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability. (c) (1) A public entity shall not require an individual with a disability to bring another individual to interpret for him or her. 50 - Title II Regulations 28 CFR Part 35 Department of Justice (2) A public entity shall not rely on an adult accompanying an individual with a disability to interpret or facilitate communication except— (i) In an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available; or (ii) Where the individual with a disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate under the circumstances. (3) A public entity shall not rely on a minor child to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available. (d) Video remote interpreting (VRI) services. A public entity that chooses to provide qualified interpreters via VRI services shall ensure that it provides— (1) Real-time, full-motion video and audio over a dedicated high-speed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication; (2) A sharply delineated image that is large enough to display the interpreter’s face, arms, hands, and fingers, and the participating individual’s face, arms, hands, and fingers, regardless of his or her body position; (3) A clear, audible transmission of voices; and (4) Adequate training to users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI. § 35.161 Telecommunications. (a) Where a public entity communicates by telephone with applicants and beneficiaries, text telephones (TTYs) or equally effective telecommunications systems shall be used to communicate with individuals who are deaf or hard of hearing or have speech impairments. (b) When a public entity uses an automated- attendant system, including, but not limited to, voice mail and messaging, or an interactive voice response system, for receiving and directing incoming telephone calls, that system must provide effective real-time communication with individuals using auxiliary aids and services, including TTYs and all forms of FCC-approved telecommunications relay system, including Internet-based relay systems. (c) A public entity shall respond to telephone calls from a telecommunications relay service established under title IV of the ADA in the same manner that it responds to other telephone calls. § 35.162 Telephone emergency services. Telephone emergency services, including 911 services, shall provide direct access to individuals who use TDD’s and computer modems. § 35.163 Information and signage. (a) A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. (b) A public entity shall provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each accessible entrance of a facility. § 35.164 Duties. This subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue Title II Regulations - 51 28 CFR Part 35 Department of Justice financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with this subpart would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of the public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this subpart would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the public entity. §§ 35.165—35.169 [Reserved] Subpart F—Compliance Procedures § 35.170 Complaints. (a) Who may file. An individual who believes that he or she or a specific class of individuals has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, file a complaint under this part. (b) Time for filing. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the designated agency for good cause shown. A complaint is deemed to be filed under this section on the date it is first filed with any Federal agency. (c) Where to file. An individual may file a complaint with any agency that he or she believes to be the appropriate agency designated under subpart G of this part, or with any agency that provides funding to the public entity that is the subject of the complaint, or with the Department of Justice for referral as provided in §35.171(a)(2). § 35.171 Acceptance of complaints. (a) Receipt of complaints. (1) (i) Any Federal agency that receives a complaint of discrimination on the basis of disability by a public entity shall promptly review the complaint to determine whether it has jurisdiction over the complaint under section 504. (ii) If the agency does not have section 504 jurisdiction, it shall promptly determine whether it is the designated agency under subpart G of this part responsible for complaints filed against that public entity. (2) (i) If an agency other than the Department of Justice determines that it does not have section 504 jurisdiction and is not the designated agency, it shall promptly refer the complaint to the appropriate designated agency, the agency that has section 504 jurisdiction, or the Department of Justice, and so notify the complainant. (ii) When the Department of Justice receives a complaint for which it does not have jurisdiction under section 504 and is not the designated agency, it may exercise jurisdiction pursuant to § 35.190(e) or refer the complaint to an agency that does have jurisdiction under section 504 or to the appropriate agency designated in subpart G of this part or, in the case of an employment complaint that is also subject to title I of the Act, to the Equal Employment Opportunity Commission. 52 - Title II Regulations 28 CFR Part 35 Department of Justice (3) (i) If the agency that receives a complaint has section 504 jurisdiction, it shall process the complaint according to its procedures for enforcing section 504. (ii) If the agency that receives a complaint does not have section 504 jurisdiction, but is the designated agency, it shall process the complaint according to the procedures established by this subpart. (b) Employment complaints. (1) If a complaint alleges employment discrimination subject to title I of the Act, and the agency has section 504 jurisdiction, the agency shall follow the procedures issued by the Department of Justice and the Equal Employment Opportunity Commission under section 107(b) of the Act. (2) If a complaint alleges employment discrimination subject to title I of the Act, and the designated agency does not have section 504 jurisdiction, the agency shall refer the complaint to the Equal Employment Opportunity Commission for processing under title I of the Act. (3) Complaints alleging employment discrimination subject to this part, but not to title I of the Act shall be processed in accordance with the procedures established by this subpart. (c) Complete complaints. (1) A designated agency shall accept all complete complaints under this section and shall promptly notify the complainant and the public entity of the receipt and acceptance of the complaint. (2) If the designated agency receives a complaint that is not complete, it shall notify the complainant and specify the additional information that is needed to make the complaint a complete complaint. If the complainant fails to complete the complaint, the designated agency shall close the complaint without prejudice. § 35.172 Investigations and compliance reviews. (a) The designated agency shall investigate complaints for which it is responsible under § 35.171. (b) The designated agency may conduct compliance reviews of public entities in order to ascertain whether there has been a failure to comply with the nondiscrimination requirements of this part. (c) Where appropriate, the designated agency shall attempt informal resolution of any matter being investigated under this section, and, if resolution is not achieved and a violation is found, issue to the public entity and the complainant, if any, a Letter of Findings that shall include— (1) Findings of fact and conclusions of law; (2) A description of a remedy for each violation found (including compensatory damages where appropriate); and (3) Notice of the rights and procedures available under paragraph (d) of this section and §§ 35.173 and 35.174. (d) At any time, the complainant may file a private suit pursuant to section 203 of the Act, 42 U.S.C. 12133, whether or not the designated agency finds a violation. § 35.173 Voluntary compliance agreements. (a) When the designated agency issues a noncompliance Letter of Findings, the designated agency shall— (1) Notify the Assistant Attorney General by forwarding a copy of the Letter of Findings to the Assistant Attorney General; and (2) Initiate negotiations with the public entity to secure compliance by voluntary means. (b) Where the designated agency is able to secure voluntary compliance, the voluntary compliance agreement shall— (1) Be in writing and signed by the parties; (2) Address each cited violation; Title II Regulations - 53 28 CFR Part 35 Department of Justice (3) Specify the corrective or remedial action to be taken, within a stated period of time, to come into compliance; (4) Provide assurance that discrimination will not recur; and (5) Provide for enforcement by the Attorney General. § 35.174 Referral. If the public entity declines to enter into voluntary compliance negotiations or if negotiations are unsuccessful, the designated agency shall refer the matter to the Attorney General with a recommendation for appropriate action. § 35.175 Attorney’s fees. In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual. § 35.176 Alternative means of dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under the Act and this part. § 35.177 Effect of unavailability of technical assistance. A public entity shall not be excused from compliance with the requirements of this part because of any failure to receive technical assistance, including any failure in the development or dissemination of any technical assistance manual authorized by the Act. § 35.178 State immunity. A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. §§ 35.179—35.189 [Reserved] Subpart G—Designated Agencies § 35.190 Designated Agencies. (a) The Assistant Attorney General shall coordinate the compliance activities of Federal agencies with respect to State and local government components, and shall provide policy guidance and interpretations to designated agencies to ensure the consistent and effective implementation of the requirements of this part. (b) The Federal agencies listed in paragraph (b) (1)-(8) of this section shall have responsibility for the implementation of subpart F of this part for components of State and local governments that exercise responsibilities, regulate, or administer services, programs, or activities in the following functional areas. (1) Department of Agriculture: All programs, services, and regulatory activities relating to farming and the raising of livestock, including extension services. (2) Department of Education: All programs, services, and regulatory activities relating to the operation of elementary and secondary education systems and institutions, institutions of higher education and vocational education (other than schools of medicine, dentistry, 54 - Title II Regulations 28 CFR Part 35 Department of Justice54 - Title II Regulations Department of Justice nursing, and other health-related schools), and libraries. (3) Department of Health and Human Services: All programs, services, and regulatory activities relating to the provision of health care and social services, including schools of medicine, dentistry, nursing, and other health- related schools, the operation of health care and social service providers and institutions, including “grass-roots” and community services organizations and programs, and preschool and daycare programs. (4) Department of Housing and Urban Development: All programs, services, and regulatory activities relating to state and local public housing, and housing assistance and referral. (5) Department of Interior: All programs, services, and regulatory activities relating to lands and natural resources, including parks and recreation, water and waste management, environmental protection, energy, historic and cultural preservation, and museums. (6) Department of Justice: All programs, services, and regulatory activities relating to law enforcement, public safety, and the administration of justice, including courts and correctional institutions; commerce and industry, including general economic development, banking and finance, consumer protection, insurance, and small business; planning, development, and regulation (unless assigned to other designated agencies); state and local government support services (e.g., audit, personnel, comptroller, administrative services); all other government functions not assigned to other designated agencies. (7) Department of Labor: All programs, services, and regulatory activities relating to labor and the work force. (8) Department of Transportation: All programs, services, and regulatory activities relating to transportation, including highways, public transportation, traffic management (non- law enforcement), automobile licensing and inspection, and driver licensing. (c) Responsibility for the implementation of subpart F of this part for components of State or local governments that exercise responsibilities, regulate, or administer services, programs, or activities relating to functions not assigned to specific designated agencies by paragraph (b) of this section may be assigned to other specific agencies by the Department of Justice. (d) If two or more agencies have apparent responsibility over a complaint, the Assistant Attorney General shall determine which one of the agencies shall be the designated agency for purposes of that complaint. (e) When the Department receives a complaint directed to the Attorney General alleging a violation of this part that may fall within the jurisdiction of a designated agency or another Federal agency that may have jurisdiction under section 504, the Department may exercise its discretion to retain the complaint for investigation under this part. §§ 35.191—35.999 [Reserved] Title II Regulations - 55 28 CFR Part 35 Department of Justice