United States of America v. Humboldt County, California - Settlement Agreement

M. NEW CONSTRUCTION, ALTERATIONS, AND PHYSICAL CHANGES TO FACILITIES

43. All construction and alterations to County buildings and facilities by the County or on its behalf will comply with the requirements of 28 C.F.R. § 35.151, including applicable architectural standards.  All architectural changes by the County or on its behalf made on or after March 15, 2012, must comply with the 2010 ADA Standards.  The term “2010 ADA Standards” refers to the 2010 ADA Standards for Accessible Design (28 C.F.R. § 35.104 (Title II) (defining the “2010 ADA Standards” as the requirements set forth in appendices B and D to 36 C.F.R. part 1191 and the requirements contained in 28 C.F.R. § 35.151.)).  All citations are to the 2010 ADA Standards unless otherwise noted.

44. The parts of a County facility that do not comply with the 1991 ADA Standards (or the 2010 ADA Standards, as applicable), as listed in Attachments G, H, I, and J, prevent people with disabilities from fully and equally enjoying the County’s programs, services, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149-35.151.

45. The County will remediate the violations listed in Attachments G, H, I, and J, by taking the actions outlined in those attachments within the specified timeframes.  All architectural changes by the County or on its behalf made on or after March 15, 2012, must comply with the 2010 ADA Standards.  The County will complete all actions identified in Attachments G, H, I, and J no later than thirty-three (33) months from the date of entry of this Consent Decree.  Specific deadlines for each facility are outlined in Attachments G, H, I, and J.

46. If the County has already undertaken an alteration, addition, or other modification to any element identified in Attachments G, H, I, or J, otherwise after January 26, 1992, and prior to the entry of this Consent Decree, the County will submit to the ILA and the United States within nine (9) months a written report pursuant to paragraph 61 below summarizing the actions taken, providing ILA certifications and providing evidence establishing each individual element’s compliance with the applicable architectural standard as permitted by 28 C.F.R. § 35.151(c) and its Appendix, copied in the table below:

    Date of Construction or Alteration	Applicable Standards
    Before September 15, 2010	1991 ADA Standards or UFAS
    On or after September 15, 2010, and before March 15, 2012	1991 ADA Standards, UFAS, or 2010 ADA Standards
    On or after March 15, 2012	2010 ADA Standards

     

47. Within nine (9) months of the entry of this Consent Decree, the County will have the ILA survey all facilities that are the subject of this Consent Decree for the purpose of identifying those that have multiple entrances not all of which are accessible.  Also within nine (9) months of the entry of this Consent Decree, the County will install directional signage at all inaccessible entrances to each of its facilities and will place the international symbol for accessibility at each accessible entrance to a facility, in accordance with 28 C.F.R. § 35.163(b).

48. Newly Constructed Facilities:  The County will take the actions listed in Attachment G to make County facilities for which construction was commenced after January 26, 1992, readily accessible to and usable by people with disabilities.

49. Altered Facilities:  The County will take the actions listed in Attachment H to make the altered parts of the County facilities for which alterations commenced after January 26, 1992, readily accessible to and usable by people with disabilities.

50. Program Access in Existing Facilities:  The County will take the actions listed in Attachment I to make each of the County’s programs, services, and activities operating at a facility that is the subject of this Consent Decree, when viewed in its entirety, readily accessible to and usable by people with disabilities.

51. County Facilities and Programs that Are Not Listed in This Consent Decree:  The County and the ILA will ensure compliance with the requirements of Title II for all of the County facilities and programs that are not listed in this Consent Decree and its attachments.  The ILA will survey all the County’s facilities for compliance with Title II of the ADA that the United States did not list in this Consent Decree.  Within nine (9) months of the entry of this Consent Decree, the County and ILA will submit to the United States a detailed report from the ILA listing the access issues identified during the ILA’s review together with the corrective actions and completion dates proposed to resolve such issues.  The proposed completion dates may be no later than twelve (12) months prior to the termination of this Consent Decree.  The survey conducted by the ILA, the access issues identified, and the corrective actions and completion dates proposed will be consistent with the requirements of Title II; the review of the County facilities and programs conducted by the United States for purposes of this Consent Decree; and the access issues, corrective actions, and completion dates reflected in Attachments G, H, I, and J.