Peter Ames Eveleth
General Counsel
April 2006
The Honorable Ted Stevens
President Pro Tempore of the Senate
S-240 Capitol Building
Washington D.C. 20510
The Honorable T. Dennis Hastert
Speaker of the House
Office of the Speaker of the House of
Representatives
H-232 Capitol Building
Washington, D.C. 20515
Dear Speaker Hastert and Senator Stevens:
Enclosed please find a copy of the public version of the General Counsel's Report on Americans with Disabilities Act inspections conducted during the 108th Congress. It has been reviewed by the United States Capitol Police and all security sensitive information has been redacted. The unredacted version of this Report was previously submitted to you in December 2005.
As you know, the Congressional Accountability Act requires the General Counsel of the Office of Compliance to inspect covered Legislative Branch entities, at least once each Congress, for compliance with the public services and accommodations provisions of the Americans with Disabilities Act. 2 U.S.C. §1331. The General Counsel must issue a Report containing, among other items, the results of the inspection, a description of steps necessary to correct violations, and an assessment of limitations in accessibility to and usability by individuals with disabilities associated with each violation. 2 U.S.C. §1331(f)(2)(B). You will observe from the accompanying Report that the Office of the General Counsel thoroughly inspected most Capitol Hill facilities and programs during the 108th Congress, including many areas that had not been inspected since the 105th Congress. The Report also describes potential barriers to a safe emergency evacuation program for visitors with disabilities.
If you have questions or comments regarding this Report, or wish this office to provide you with a briefing, please contact me at 202-724-9249 or peveleth@loc.gov.
Very truly yours,
Peter Ames Eveleth
General Counsel
Enclosure
HIGHLIGHTS
Equal Access Problem Which Must Have The Highest Priority for Correction
Visitors to the Legislative Branch who have disabilities must have equal access to a safe and prompt evacuation from the buildings as do visitors who are not disabled. During the inspection conducted by the Office of the General Counsel (OGC or General Counsel) for the 108th Congress, we found that in most buildings1 on Capitol Hill this was not the case. Only the first floor of the Capitol Building, the Botanic Garden Conservatory and the Ford House Office building provide equal opportunity for visitors with disabilities to participate in the evacuation. All Capitol Hill entities covered by the CAA must ensure that visitors with disabilities have equal opportunity to safely evacuate from the building or relocate to another floor during an evacuation drill or actual emergency. Based on the 2004 inspections, the specific problems regarding accessible emergency egress that need to be rectified are summarized below and detailed in Section IV.B and in the Individual Building Charts attached to this Report.
- All buildings lack wall maps or other signage that direct visitors with disabilities to accessible exit routes, staging areas and accessible discharge points to be used in the event of emergency evacuations. Illuminated exit signs direct people to exits that might not be usable by a person in a wheelchair. Therefore, the installation of maps or signage showing the alternate accessible exit routes and discharge points for individuals with disabilities is essential.
- All buildings lack accessible signage at the building exits. Accessible signage is brailled and in raised and high contrast letters. Such signage is required at permanent building exits, including exit stairwells and discharge points. It is essential for visitors who are blind or vision-impaired and do not know how to get out of the building.
- Staging Areas, where individuals with mobility impairment await assistance during an emergency, are an integral part of the plan to evacuate these buildings.2 Many staging areas, including those in the Longworth House Office Building and the upper floors of the Capitol Building, are in hazardous locations. The Office of Compliance (OOC) has suggested alternate sites that offer more protection for those who are awaiting evacuation assistance.3
- In many buildings there was inadequate or non-existent signage indicating the location of the Staging Areas. Thus, visitors who are mobility-impaired would not know where to wait for assistance.
- None of the Staging Areas had a two-way communication system that would allow individuals waiting in Staging Areas to contact the United States Capitol Police (USCP) or other rescuers during an emergency.
- USCP officers evacuate mobility impaired individuals from Staging Areas except when the Staging Area is situated within the zone of danger.4 (Members of the D.C. Fire Department evacuate only those individuals who are in the immediate zone of danger.) The USCP reported that it plans to conduct additional training of its officers to assure that they are able to effect a prompt evacuation in all buildings of any sizable number of visitors with mobility impairments waiting for assistance in the designated Staging Areas.5
- Buildings must have at least two accessible emergency exit discharge points. If one exit is blocked or unusable, individuals in wheelchairs would be directed to the other exit. Currently the Rayburn House Office Building has only one accessible exit. At least one more is required. Further, the secondary accessible exit for the Dirksen and Hart Senate Office Buildings is through adjacent buildings. Exit discharge directly to the outdoors is preferred.
- Visual alarms have been installed in many, but not all, of the public areas in the buildings on Capitol Hill. Visual alarms are essential for a prompt evacuation alert to visitors with hearing impairments. At the time of the inspection, there were no visual alarms in the Hart Senate Office Building, on the 3rd or 4th floor of the Rayburn House Office Building, in some Committee hearing rooms and the public restrooms of a number of buildings including the Capitol Building.
- A significant number of Member and Committee offices in the Rayburn, Longworth and Cannon House Office Buildings reported in response to a questionnaire prepared by the OGC that they were not aware of how to assist or direct visitors with disabilities during an evacuation drill or actual emergency.6
I. INTRODUCTION
The Congressional Accountability Act of 1995 (CAA) requires the General Counsel of the Office of Compliance (OOC) to conduct periodic inspections of all covered Legislative Branch facilities at least once each Congress to assure compliance with Title II and Title III of the Americans with Disabilities Act (ADA). 2 U.S.C. §1331(f). Title II of the ADA prohibits exclusion of individuals with disabilities from benefits of the services, programs, or activities of public entities. Title III seeks to ensure that individuals with disabilities are not discriminated against in places of public accommodation. The CAA makes the Title II and Title III of the ADA applicable to each office of the Senate (including each office of a Senator), each office of the House (including each office of a Representative), each committee, each joint committee, the Capitol Guide Service, the Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Office of the Attending Physician and the Office of Compliance. 2 U.S.C. §1331(a). The General Counsel enforces Title II and Title III disability access regulations promulgated by the Attorney General and published at 28 C.F.R. Parts 35 and 36.7 2 U.S.C. §1331(e)(2).
The CAA further provides that the General Counsel shall prepare and submit a report
containing the results of the General Counsel's periodic inspection, describing any steps necessary to correct any violation of Titles II and III, as incorporated by the CAA, and assessing any limitations in accessibility to and usability by individuals with disabilities associated with each violation, and the estimated cost and time needed for abatement.8 The body of the Report constitutes a summary of the findings contained in the Individual Building Reports section of the Report, and reflects conditions at the time of the 2004 biennial inspection. Unless otherwise indicated, it does not include subsequent changes.
II. HOW THE INFORMATION IN THIS REPORT WAS GATHERED
A. Physical Inspections
The inspections for the 108th Congress were conducted between May and December, 2004 with the assistance of the Architectural and Transportation Barriers Compliance Board and the U.S. Department of Justice (DOJ). The physical inspections covered areas within the House and Senate Office Buildings, the Capitol Building and the Botanic Garden Conservatory. The inspectors looked at Committee hearing rooms, public restrooms, food service areas, accessible entrances and exits, paths of travel, Staging Areas, elevators, and public telephones.
Public areas in the USCP building and the offices of Committees and elected representatives were not inspected during the 108th Congress due to insufficient resources; these areas will be inspected during the 109th Congress. Areas that are used only by employees are not covered by the public access provisions of the ADA and were not inspected for purposes of this report.9
B. Comments From Disability Rights Groups
In preparation for this report, the General Counsel met with representatives of disability rights groups to obtain information about the barriers to equal access encountered by individuals with disabilities who visit Capitol Hill, or who otherwise seek access to the business of the Legislative Branch.10 Comments of individuals from these organizations were particularly helpful in providing focus for this year's report.
C. Questionnaires
The General Counsel distributed a questionnaire to the office of each Senator, Representative and Committee on Capitol Hill. A copy of the questionnaire is attached in Appendix A, hereto. The questionnaire asked about the existence of physical barriers to and within offices, knowledge of resources for communicating with disabled constituents and other members of the public, and emergency evacuation procedures for individuals with disabilities who might be visiting the Capitol Hill office during an evacuation drill or actual emergency. More than twenty percent of the surveyed offices responded to the questionnaire. Though the questionnaire was not designed to provide statistically significant results, it did provide useful information including pointing out areas where increased training and coordination is needed.
III. REQUIREMENTS OF THE PUBLIC ACCESS PROVISIONS OF THE ADA
A. Title II - Access to Public Programs, Services, and Activities
Title II of the ADA prohibits a public entity, which here includes each "employing authority," from excluding qualified members of the public with disabilities from participating in its programs, or denying them the benefits of its services or activities.11 A public entity or "employing authority" must make reasonable modifications to its practices and procedures to avoid discriminating on the basis of disability. Compliance is mandatory unless the public entity can demonstrate that such modifications would be an "undue burden" or would fundamentally alter the nature of the service, program or activity.12 The program accessibility requirements of Title II apply to public entities in existing buildings as well as in newly constructed buildings. A public entity or "employing authority" is not necessarily required to make structural changes in the building it occupies where other methods exist that make its programs, services and activities readily accessible to and usable by individuals with disabilities.13 Thus, for example, if a Committee hearing room has a double-leafed door, in which a single leaf is too narrow to permit passage of an individual in a wheelchair, the Committee must continue staffing the doors during all public hearings until the passageway is made accessible, either by widening one of the doors to permit unassisted passage by an individual in a wheelchair or by equipping the doors with an automatic opening device.
1. Effective Communication
A public entity, including all Committee and Member offices, must take appropriate steps to ensure that communication with members of the public with disabilities is "as effective as" communications with others.14 "Primary consideration" must be given to the request of the individual with disabilities in determining what type of auxiliary aids and services it will provide.15 Auxiliary aids and services for individuals with hearing impairments include sign language interpreters, assistive listening systems, real time captioning, and open or closed captioning. Auxiliary aids and services for individuals with visual impairments include audio recordings, Brailled materials, and large print materials. Thus, for example, if a member of the public who is hearing-impaired wishes to attend a Committee hearing and requests a sign language interpreter or other auxiliary aid and service, the Committee should provide the particular form of service requested16 so long as it is given reasonable time to honor the request. Further, any public entity or "employing authority" that communicates with members of the public by telephone must have the capability to use a telecommunication device for the deaf (TDD) or other equally effective telecommunication system.17
2. Prompt and Safe Evacuation
A public entity must conduct all of its programs and services, including evacuation drills,18 so that the program or service, "when viewed in its entirety, is readily accessible to and usable by" members of the public with disabilities.19 This is a mandatory requirement, unless the public entity can demonstrate that it would be an "undue financial and administrative burden" to comply.20 In every building inspected for this Report evacuation drills are conducted to ensure that employees and visitors can promptly and safely evacuate the buildings in the event of an actual emergency. Visitors who are disabled must similarly have ready access to a safe and prompt evacuation. Much of this Report addresses the General Counsel's findings that, at the time of the inspections, members of the public who are disabled did not appear to have ready access to a safe and prompt evacuation in most of the inspected buildings. This Report, and the attached Individual Building Charts, include the General Counsel's recommendations for modifications to resolve the evacuation problems that were observed by the OGC inspection team.
B. Title III - Removal of Barriers to Access
Under Title III there are different levels of compliance for existing facilities, alterations and new construction. All of the currently occupied buildings on Capitol Hill are "existing facilities" and, therefore, are governed by the "readily achievable" barrier removal requirement for existing facilities.21 Any alterations made to the existing facilities must comply with the ADA standards unless to do so would be technically infeasible.22 All new construction must strictly comply with the accessibility standards.23
1. Existing Facilities
In existing facilities, the removal of structural barriers to access is required under Title III of the ADA when their removal is "readily achievable."24 Whether barrier removal is "readily achievable" is determined on a case-by-case basis by considering factors such as the cost to remove the barrier and the overall financial resources of the entity responsible for abating the violation.25 Examples of barrier removal that are considered readily achievable include installing signage, making compliant curb cuts at sidewalks and entrances, installing ramps, widening doors, installing accessible door hardware, repositioning telephones, installing visual alarms and creating accessible restrooms.26
2. Priorities for Barrier Removal in Existing Facilities
Because a shortage of resources may not permit an entity to remove existing barriers all at one time,27 the Title III regulations set forth priorities for barrier removal.28 There is, however, a continuing obligation to "engage in readily achievable barrier removal."29 Thus, even if removal of certain barriers was not initially readily achievable, changed circumstances may make the removal readily achievable at a later date.
The highest priority set forth in the regulations is removing barriers that would prevent individuals with disabilities from physically entering a building on their own.30 This goal has been generally achieved for all buildings on Capitol Hill. The exceptions are the location of the taxi drop off at the Rayburn House Office Building, the steep curb cuts at the Dirksen Senate Office Building accessible entrance, and the design of the ramp for the Longworth House Office Building.31
The second priority in the ADA regulations is the removal of barriers that prevent access to the "services made available to the public."32 In the House and Senate Office Buildings the "services made available to the public" include attending Committee hearings, visiting elected officials and eating in the cafeterias and restaurants. Because evacuation drills are now conducted on a frequent basis in all Capitol Hill buildings these evacuations are also considered "services made available to the public." The second priority regulations also include provision for visual alarms and Brailled and raised character signage.
There has been significant progress in achieving these second priority goals. For example, visual alarms have been installed in the majority of the buildings; when the CAA was adopted ten years ago there were virtually no visual alarms. Additionally, restaurants and cafeterias have been made accessible and Committee offices report that they comply with their obligation to keep double-leaf doors open during hearings. However, there is much still to be done to reach the second priority goals. Accessible wall maps and signage must be installed,33 appropriate evacuation procedures must be established including designating accessible routes and creating safer Staging Areas with accessible two-way communication systems, and visual alarms must be installed in all public areas of each building.
The third priority established by Title III of the ADA is to provide access to restroom facilities.34 There has been steady progress in renovating and installing accessible restrooms in the past ten years throughout the Capitol Hill buildings. Currently, there are designated accessible restrooms in each building35 with the exception of the fourth floor of Rayburn, the fifth floor of Cannon and the gallery floor of the Capitol Building. However, many doors to the restrooms require too much force for someone in a wheelchair to open. This makes a designated accessible restroom inaccessible.
IV. IMPROVEMENTS
A. Recent Improvements
Since the enactment of the CAA in 1995, there has been significant progress in improving access to and within the buildings on Capitol Hill.36 Since the General Counsel's last ADA report was issued in 200237 some additional progress has been made. In particular, visual alarms have been installed throughout the Cannon and Longworth House Office Buildings. Restrooms have been upgraded in the Dirksen Senate Office Building and made accessible. Assistive listening systems have been installed in most Committee hearing rooms in the Rayburn House Office Building. Additional elevator banks have been made accessible in the Cannon, Rayburn, Hart and Russell Buildings.
1. Maintenance of Accessible Features During Construction38
During the past two years, since the last ADA report was issued, there has been considerable construction involving perimeter security. The construction apparently did not block access to the buildings for visitors with disabilities although it did cause some inconvenience. Some visitors reported to the OGC that the inconvenience could have been alleviated if more USCP officers were aware of accessible routes to bypass the construction, and then could properly direct visitors. Further, they indicated that AOC and USCP vehicles temporarily parked on sidewalks created access problems. Vehicles idling or standing on sidewalks or near curb cuts should leave at least 36 inches clear space to accommodate individuals in wheelchairs.39
2. ADA Public Access Coordinator
Any public entity or "employing authority" that employs fifty or more people is required to designate at least one employee to coordinate its efforts to comply with the public access provisions of the ADA.40 Based on the answers to the questionnaire distributed by the General Counsel it appears that all offices required to do so have such an ADA coordinator. Further, many offices with fewer than fifty employees also have a designated ADA coordinator.
B. Recommendations for Future Improvements
1. Accessible Evacuations
As noted above, the program access provisions of the ADA require that evacuations from all buildings covered in this report be as prompt and safe for visitors with disabilities as for others. What follows are the General Counsel's recommendations for satisfying this requirement. In those instances when removal of a barrier to safe and prompt evacuation is "readily achievable," or modification of procedures does not present an "undue burden," abatement is mandatory.
a. Accurate and accessible wall maps or signage providing information about accessible egress must be installed in all buildings open to the public. The AOC reports41 that it is installing wall maps that will provide ADA information. However, wall maps and signage installed in the House Office Buildings since the General Counsel's 2004 inspection provide no information about accessible egress. Illuminated exit signs and the newly installed wall maps do not distinguish between accessible and non-accessible exits and thus may direct a visitor in a wheelchair in the wrong direction. Accurate and accessible information and directions should be provided in all buildings regarding accessible exit routes, accessible discharge points from the building, and location of Staging Areas.42 The General Counsel has repeatedly highlighted this problem in every ADA Report since 1996. The AOC was allocated substantial monies for fiscal year ending September 2004 to fund the Wayfinding and ADA Compliant Signage Program; the OGC inspection revealed that, to date, there are no wall maps or signs giving visitors who are disabled any information about accessible emergency egress.
b. Accessible exit signage must be installed at all building exits including exit stairwells and exit discharge points.43 Currently, there are no accessible signs at building exits in any of the buildings open to the public. Without accessible signage visitors who are blind or vision-impaired are unable to exit the building without assistance or direction.
c. Signage should be provided for all Staging Areas. Staging areas are an integral part of the plan in these buildings to evacuate individuals who are mobility-impaired. Staging areas are locations where these individuals can await the arrival of rescuers who will assist them to safely and promptly evacuate the building in an emergency. In all buildings there is inadequate signage directing visitors to the Staging Areas. In the House Office buildings there is also no signage at the location of the Staging Areas. Thus visitors who are mobility-impaired do not know where to go for assistance unless directed to those areas by informed employees or rescuers.
d. Additional accessible emergency discharge points should be provided in a number of buildings. In the Rayburn House Office Building there is only one accessible exit discharge point. This is a violation of the Life Safety Code44 and should be remedied as quickly as possible. In the Dirksen and and Hart Senate Office Buildings the secondary accessible exit route is through an adjacent building; direct exit discharge to the outdoors is preferred.45 The installation of small ramps at certain building exits would create additional accessible emergency exit discharge points in most instances. Once additional accessible exits have been created, the alternate accessible exit routes should be added to the building wall maps or indicated with other signage. The attached Individual Building Charts provide details of the General Counsel's suggestions for inexpensive modifications that would create additional accessible discharge points.
e. The Staging Areas in the Longworth House Office Building, the Hart Senate Office Building, and the second and third floors of the Capitol Building should be moved to less hazardous locations.46 The Staging Areas in the Longworth House Office Buildings and in the Capitol Building are at the top of open stairwells. This can expose waiting individuals to the "chimney effect" of heat and toxic gases rising from floors below.47 This location could also impede the egress of individuals using the stairwells as their emergency exit. The Staging Areas in the Hart Building are located at an elevator bank that does not serve all floors. The General Counsel's suggestions for safer Staging Areas in these buildings are set forth in the Individual Building Charts section of this Report.
f. Individuals waiting rescue in Staging Areas must have an accessible means of communication to contact rescuers. At the present time, such individuals have no way to communicate with rescuers. A two-way communication system would enable individuals located in Staging Area to contact rescuers stationed at the main fire panel. In most of the designated Staging Areas there are existing fire-fighter telephones which could easily be modified to become compliant two-way communication systems. These existing telephones do not currently meet the requirements for accessible two-way communication because many of them are locked and/or are located above the reach-range of an individual in a wheelchair. Further, the location of the telephone is not currently indicated on the fire panel monitored by rescuers and therefore rescuers might not know the location of an individual using the telephone who is unable to speak.48 The existing fire-fighter telephones, if modified, could be used by individuals awaiting assistance in the Staging Areas as well as by fire-fighters.49 Until a compliant two-way communication system is activated, the Staging Areas must be continuously monitored by rescue personnel during all drills and emergencies to ensure that no one is left behind during an evacuation. Whether this would prove to be a realistic alternative in a true emergency evacuation is questionable.
g. The USCP should provide additional training to its officers, particularly officers stationed in the House Office Buildings, to assure that they are able to effect a prompt and safe evacuation of a sizable number of individuals with mobility impairments. Committee hearings and other events bring many visitors in wheelchairs to the buildings on Capitol Hill. Despite requests, the General Counsel was unable to obtain sufficiently detailed information to evaluate building-wide evacuation plans in time for this Report. The General Counsel intends to pursue this assessment during the 109th ADA inspection. Based on the 2004 inspection of buildings and comments received from individual USCP officers and other employees, the General Counsel cannot verify that the USCP is currently able to conduct a prompt and safe evacuation in each of the covered buildings of any sizable number of visitors with mobility impairments.
h. Additional efforts at training and retraining of staff regarding evacuations of visitors with disabilities appears to be necessary. The House Office of Emergency Planning and Preparedness Operations and the Senate Office of Security and Emergency Preparedness provide informational literature and training to Member and Committee offices regarding the evacuation of individuals with disabilities.50 Many Member and Committee offices have indicated a desire to receive further training on how to assist visitors with disabilities in the event of an evacuation drill or actual emergency. Of the offices that responded to the General Counsel's questionnaire, a large number reported that the USCP had instructed them to contact the USCP during an evacuation if they had visitors who needed assistance in evacuating the building. However, in order to assure safe and prompt evacuation of individuals during an emergency, it is imperative that staff be familiar with the plan for evacuating visitors with disabilities from their respective buildings and know the location of the Staging Areas on their floors before the evacuation drill or emergency occurs. Training should also include information about accessible egress routes and discharge points, the proper method of helping blind individuals with canes or service dogs, and the proper method of transporting individuals with mobility-impairments down exit stairwells.
2. Accessible Communications
a. Additional efforts to notify staff of the services provided by the Congressional Special Services Office (CSSO) should be considered. The CSSO provides sign language interpreters and auxiliary aids and services, upon request, for individuals with hearing impairments who are official visitors to Members of Congress or for witnesses at Committee hearings. Although CSSO expends considerable effort on outreach and training, many offices that responded to a questionnaire issued by the General Counsel indicated that they were not aware of the services offered by CSSO. As previously noted, the high rate of staff turnover presents a particular challenge to educating all staff regarding this essential information. During the 109th Congress, the OOC intends to work with the CSSO and other employing offices to explore ways to increase staff awareness of disability issues.
b. Consideration should be given to supplying additional assistance to Committees in providing auxiliary aids for audience members during Committee hearings. Individual Committees are responsible for providing qualified sign language interpreters or other auxiliary aids for members of the audience at Committee hearings. "Primary consideration" must be given to the aid or service requested by the individual with disabilities who wishes to attend the hearing. This differs from, and is in some respects a higher standard than the "reasonable accommodation" standard applicable to employment situations.51 CSSO provides vendor names, upon request, to assist Committees in procuring the requested services for audience members. Because this process can be confusing to Committee staff who do not often receive such requests and are unfamiliar with the technical aspects of auxiliary devices, it might be more expeditious for CSSO to directly arrange for these services on behalf of the Committees.52
c. The General Counsel supports the efforts of the AOC and the CAO to continue to upgrade Committee hearing rooms to provide permanent assistive listening systems. Assistive listening systems augment a standard audio system by providing signals which can be received by individuals using hearing aids or special receivers.53
d. Individual offices are encouraged to ensure that their websites are accessible to individuals who are visually impaired. Section 508 of the Rehabilitation Act of 1973,54 which is applicable to Executive Branch agencies, requires electronic information to be equally accessible by individuals with disabilities as by individuals without disabilities. While the OOC does not have jurisdiction to enforce Section 508, the OOC encourages each individual office to ensure that its website is accessible.55
3. Modification of Practices and Procedures and Removal of Other Barriers to Access
a. Training should be provided to USCP officers regarding access to Capitol Hill buildings by visitors with disabilities. The General Counsel has received reports from visitors that getting through the security entrances of the Capitol Hill buildings has sometimes been difficult for visitors who are in wheelchairs or who are blind. Representatives from disability rights organizations have recommended that USCP officers receive specialized training on assisting individuals with disabilities through the security entrances. They explained that officers should not touch the cane or the service-dog of an individual who is blind or low-vision, but rather to let the individual be guided by the hand or arm of the officer. Officers should also be taught that individuals in wheelchairs may need help getting their belongings onto the security belt at the building entrance.
b. Training should be provided to USCP officers and AOC construction crews regarding keeping vehicles clear of sidewalk curb cuts. The General Counsel has received reports from individuals that temporarily parked vehicles sometimes block access on sidewalks. USCP officers and AOC construction crews should be made aware to keep at least 36 inches of clear space on side walks and near curb cuts to enable clear passage for individuals in wheelchairs.
c. The ongoing restroom upgrade project should continue. Designated accessible restrooms are now available throughout all buildings with the exception of the fifth floor of Cannon, the fourth floor of Rayburn and the gallery floor of the Capitol.56 However, many restrooms that are designated accessible are made inaccessible by heavy doors that cannot by opened by a person in a wheelchair. To become compliant, door hinges for all of these restrooms must be adjusted to decrease the force required to open the door. Additionally there are toggle switches for the automatic door openers inside the accessible restrooms in the Capitol Building. These switches should be relocated because they are outside the reach range of an individual in a wheelchair. Other accessibility problems with individual restrooms are delineated in the Individual Building Charts section of this Report.
d. A few individual offices reported that they have encountered disability access problems during staff-led tours of the Capitol Building because some ramps are too steep. The AOC reports that this problem will be resolved once the new Capitol Visitors Center is operational.
V. INDIVIDUAL BUILDING CHARTS
Detailed results and analysis of the OGC ADA public access inspections of the 108th Congress are set forth in building charts below. The General Counsel requested comment and response from the entities responsible for abatement of violations. The responses of the responsible employing offices, including plans for removal of barriers and modification of practices and procedures, are included on the charts in this Section and in the Appendix to this Report.
A. Cannon House Office Building (Size 671,921 square feet)
Accessible Building Entrance: Can a visitor who uses a wheelchair or who has other mobility impairments freely enter the building?
Feature |
Description of Current Barrier to ADA Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
New Jersey Entrance |
Accessible57 |
|
Signage for Accessible Entrance |
Accessible |
|
Sidewalks and Curb Ramps |
Accessible |
Emergency Procedures: Does a visitor with a disability have equal opportunity to safely evacuate the building, or get to a designated shelter-in-place location (on a higher floor, if appropriate), in the event of an drill or an actual emergency?
Feature |
Description of Current Barriers to Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Accessible Emergency Exit Routes |
• There are two accessible emergency discharge points from the building as required by the National Fire Protection Association (NFPA).58 |
|
Exit Door/Exit Route Signs |
• There are no signs or wall maps indicating the accessible exit routes or discharge points.59 Wall maps must indicate the accessible exit routes, accessible discharge points, location of Staging Area on each floor, and location of accessible building features. • Exit signage at all the building exits does not meet the requirements for accessibility.60 |
AOC - Wayfinding & Signage Project currently in progress in the RHOB. Installation will move to the CHOB once the LHOB and the RHOB are complete. USCP - This item does not fall within USCP responsibility. OOC response to AOC comment: The newly installed wall maps do not show accessible egress routes, accessible discharge points or the location of Staging Areas. Nor are there any signs giving directions to these accessible egress features. Additionally, there is no signage in Braille indicating the exit stairwells and exit discharge points. Without appropriate maps, signage or directions, unescorted visitors who are disabled may be unable to find their way out of the building during an evacuation. |
Areas of Rescue Assistance |
• Staging areas61 are properly located in partially enclosed stairwells. **********. • There are no accessible two-way communication systems located in the Staging Areas.62 • There is no signage indicating the location of the Staging Areas. |
AOC - Fire Doors - Part of Egress Study/ Project (Project #010029) with an ECD of FY11. Referenced sections describe the provisions of an area of refuge, NFPA 101-2000:7.2.12 establishes when required. NFPA 101-2000:1.2.12.1 & IBC Section 1007 exempts areas of refuge in bldgs protected thru-out by an auto sprinkler system. Therefore, we do not interpret the applicable codes to require areas of refuge or the associated 2 way communication & signage. USCP - The installation of fire-doors, two way communication systems in the stairwells and signage are not within the responsibility of the USCP. The OOC representation in footnote 5 regarding DC Fire and USCP responsibilities is incorrect and recommend striking. OOC does not direct the USCP responsibilities. USCP personnel are available to assist in the safe evacuation of all occupants. OOC response to AOC comment: While the AOC takes the position that Staging Areas are not required in the building, plans from Member and Committee offices indicate that individuals who are mobility impaired are to be directed to the nearest Staging Area. Visitors who are in the hallways at the time of the alarm must also be able to find the Staging Areas. These locations are not currently shown on the new wall maps or on other signage. Further, there is no way for persons with disabilities in the Staging Areas to contact rescuers. Thus, individuals may be left behind in the Staging Areas unless there is a plan to conduct multiple "sweeps" of these areas, or to create a two-way communication system by, for example, modifying the existing fire-fighter phones. OOC response to USCP comment: The OOC has confirmed that the D.C. Fire Department will only evacuate individuals from Staging Areas that are in the immediate zone of danger. If USCP is not responsible for evacuating individuals from other Staging Areas, it is unclear what other entity has this responsibility. Without a designation of responsibilities, individuals who are mobility-impaired may simply be left in the Staging Areas to wait out the evacuation. |
Visual Alarms |
Visual alarms have been installed in most areas of the building open to the public.63 ********. |
AOC - Strobes will be added to rooms. To be completed in FY05. Committees - Structural changes to hearing rooms are within the purview of the AOC. Therefore the Committees defer to the response of the AOC. |
Plan for Evacuation of Mobility Impaired Employees and Visitors |
• Each office has an evacuation plan. The USCP is responsible for coordinating the plans and facilitating the evacuation from the building. Citing security concerns the USCP declined to provide the OOC with sufficiently detailed information for the OOC to evaluate the plan for evacuating mobility impaired visitors and employees from the building. Nevertheless, based on the information available, the OOC is concerned that the building-wide evacuation does not properly provide for prompt evacuation of disabled visitors. • Many of the Member and Committee offices in Cannon that responded to an OOC questionnaire64 reported that they do not know where to direct,65 or how to assist, a disabled visitor in the event of an evacuation drill or emergency. Other offices reported that they would direct disabled visitors to the nearest Staging Area. • Most of the employing offices in Cannon that responded to the OOC questionnaire stated that they would like training in how to assist disabled visitors during an evacuation. |
USCP - The USCP evacuation plan is available for review and evaluation by the OOC upon completion of Memorandum of Understanding (MOU). However, information pertaining to the evacuation of Members of Congress may be withheld for security reasons consistent with law. The USCP is not responsible for coordinating plans. USCP personnel are available to assist in the safe evacuation consistent with workplace safety requirements and to facilitate communications. There is no evidence that USCP officer assistance may contribute to the problem of providing prompt evacuation of disabled visitors. USCP personnel may be positioned at staging areas consistent with workplace safety requirements and are able to assist in the safe evacuation and to facilitate communication. In an evacuation, USCP personnel are available to assist in the safe evacuation and to facilitate communications. Previously, before September 11, 2001 (9/11), USCP officers provided information to employing offices in Cannon regarding the safe evacuation of occupants. OOC response to USCP response: Coordination of evacuation routes and plans is essential for a safe and prompt evacuation. Evacuation plans of individual offices that were examined by the OOC suggest that there was some coordination with the USCP. The OOC will continue to investigate evacuation plan coordination during its inspections for the 109th Congress. |
Communications Access to Programs, Services and Activities: Does a qualified individual with a disability have equal communications access to the programs and activities of each of the public entities in the building.
Feature |
Description of Current Barriers to Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Effective Communication: Information and Signage |
There are no wall maps or other signage to indicate accessible features of the building including restrooms, restaurants, Staging Areas, egress routes and exit discharge points.66 |
AOC - Current Wayfinding/Signage Program. Signs in the process of being installed. OOC comment on AOC response: The newly installed wall maps do not show accessible egress routes, accessible exit discharge points or Staging Areas; there is also no other signage indicating the location of these accessible egress features. The new maps do show the location of accessible restrooms. |
Effective Communication: Offices and individual requests |
• Many Member and Committee offices in Cannon that responded to an OOC questionnaire reported67 that they do not have access to TDD or a telephone-relay system.68 • A few of the Member and Committee offices in Cannon that responded to an OOC questionnaire reported that they had received at least one request for auxiliary aids and services69 from a constituent or visitor with a hearing or vision impairment. • A number of the Member and Committee offices in Cannon that responded to an OOC questionnaire reported that they did not know how to respond to a request for a sign language interpreter or other auxiliary aid and service from a constituent or other member of the public with a hearing impairment. |
USCP - This item does not fall within USCP responsibility. However, to the extent that access to TDD or a telephone-relay system involves interconnectivity with the USCP emergency number, USCP will help to facilitate the connection. CAO - As the employee population of the House is constantly turning over, training and outreach are constant challenges. It should be noted that the House provides 'HouseSmart' which is a comprehensive reference guide to all services offered. Included in 'HouseSmart' is a section relating to services for persons with disabilities (pgs 30-34). The services listed include, but are not limited to, information regarding the House relay system, public TTY phones, systems for the hearing impaired to use in Committee Hearing Rooms, and sign language interpreters. Also included in 'HouseSmart' is information on Congressional Special Services Office which provides certain services for visitors with disabilities. The latest edition of 'HouseSmart' was distributed to all Member, Committee and support offices of the House in January 2005. Since the last edition of 'HouseSmart,' the CAO has published an article on the TTY system in the House Services Bulletin - a bi-weekly CAO publication that highlights services available throughout the House Campus. An upcoming article and brochure will feature the House Relay System and its availability to Member and Committee Offices. Like 'HouseSmart', the House Services Bulletin is distributed to all Member, Committee and support offices of the House. Also, Member and Committee offices are permitted to purchase their own accessible equipment. CAO House Support Services and House Information Resources can assist offices in obtaining this equipment. |
Effective Communication: Hearing Rooms |
There is no assistive listening system70 in committee rooms 340, 210 and 304 Assistive listening system available, but no signage71 in committee room 334. |
AOC - To be addressed during Committee Hearing Room Renovations. Signs part of Wayfinding Project currently in progress. CAO - Presently, there is an accommodation to this issue. Congressional Special Services Offices (CSSO) has portable induction loops to assist those members of the public that require assistance. In addition, upon reasonable notice from committee staff, the CAO in conjunction with CSSO will assist in making arrangement for reasonable accommodations. The 2002 OOC ADA Report accepted the use of portable induction devices as an accommodation to assist those members of the public with hearing impairments. In addition, the CAO is moving forward on a permanent solution to this. Primary committee hearing rooms are undergoing renovation. Included in this renovation as a base installation are infrared assistive hearing systems with a minimum of 10 headsets. At the present time, subcommittee hearing rooms are not scheduled for renovations. The two hearing rooms listed are subcommittee hearing rooms. Committees - Committees are dedicated to making their hearing accessible to persons with disabilities. When given reasonable notice of the need for an accommodation, the Committees will work with appropriate entities to provide reasonable accommodations to witnesses and/or audience members. Installation of assistive listening systems is within the purview of the CAO and the Committees defer to the CAO response to address the issue further. Signage has been provided for Room 334. |
Access to Offices and Hearing Rooms: Do individuals who have a mobility impairment have equal access to the public areas in each office and hearing room?
Feature |
Description of Current Barriers to Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Path of travel from accessible main entrance to offices and hearing rooms |
• Water fountains act as "protruding objects"72 and are a hazard to individuals who are blind and use a cane. • A Member's office on the 5th floor reported that not all elevators go to that floor and there were no signs to direct visitors to the appropriate elevators. |
AOC - Will be included in building upgrades. AOC - Signs will be posted at elevators that do not serve the 5th floor. |
Offices |
To be inspected in 109th Congress |
|
Elevators |
Accessible |
|
Doors to each committee hearing room |
Non-compliant door hardware73 makes a hearing room non-accessible. *****. |
AOC - To be addressed during Committee Hearing Room Renovations. Will defer to employing office occupants for interim. Committees - The Committees have staffers posted at the doors to assist those with mobility impairments in entering and exiting hearing rooms. As the Committees are not responsible for structural changes to the hearing rooms, the Committees defer to the AOC response regarding alterations to the doors and/or door hardware. |
Witness Tables |
Non-accessible table height74 in committee room 340. |
CAO - Generally, for Committee Rooms that do not have witness tables that meet the requisite height, the CAO upon notice from committee staff either raise the existing witness table to the proper height to allow for wheelchair accessibility; provide an accessible extension to the table or permanently modify the structure of the table to allow for wheelchair access depending upon the direction of the committee staff. Committees - In the event that a witness in a wheelchair or other assistive mobility device is attending a hearing, the Committees will work with the CAO's office to ensure compliance with ADA requirements through alteration of existing witness tables. The Committees defer to the CAO response regarding procedures for altering witness tables in hearing rooms. |
Path of travel within hearing rooms |
All accessible75 |
|
Restrooms: Are public restrooms accessible to individuals who use wheelchairs or have other mobility impairments?
Feature |
Description of Current Barriers to Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Accessible restrooms |
• There are no accessible restrooms76 on the 5th floor. • Door weight is too heavy.77 Therefore, otherwise accessible restrooms are considered to be non-accessible for C1AB1, C1D1, C2AD7, C4AB1 and C4AD1. • Faucet handles in accessible restrooms C1AB1 and C1D1 are not compliant.78 |
AOC - All HOB Restrooms slated for renovations. Renovations to include auto operators. Work orders have been written to correct faucet handles. ECD: 7/1/05. |
Signage and maps |
• There are no maps or signs in hallways indicating locations of accessible restrooms.79 • Signage at restrooms not accessible because too high and not in Braille.80 |
AOC - Included in Wayfinding and Signage Project currently in progress. |
Building Features: Are other facilities and features in the building readily accessible and usable by individuals with disabilities such as mobility impaired, vision impaired or hearing impaired?
Feature |
Description of Current Barriers to Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Public Telephones |
Accessible |
|
Drinking fountains |
There is at least one drinking fountain per floor that can be used by a person in a wheelchair. However, the controls are not compliant with the requirements of the ADA.81 |
AOC - To be included in building upgrades. No known completion date. |
Health Unit Room 110 |
Accessible |
|
Restaurant - Cannon Carry-Out |
Accessible |
|
B. Longworth House Office Building (Size 2,256,100 square feet)
Accessible Building Entrance: Can a visitor who uses a wheelchair or who has other mobility impairments freely enter the building?
Feature |
Description of Current Barrier to ADA Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Independence Ave Entrance |
Not accessible because landing area on ramp is too small where the direction changes.82 |
AOC - Project #000144 slated to begin 8/05 to modify ramp. |
Signage for Accessible Entrance |
Accessible83 |
|
Sidewalks and Curb Ramps |
Accessible |
|
Emergency Procedures: Does a visitor with a disability have equal opportunity to safely evacuate the building, or get to a designated shelter-in-place location (on a higher floor if appropriate), in the event of a drill or an actual emergency?
Feature |
Description of Current Barriers to Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Accessible Emergency Exit Routes |
• Accessible exit discharge to New Jersey and C is not clearly marked. • Ramp is too steep at accessible exit discharge onto South Capitol Street.84 |
AOC - Wayfinding/ Signage program currently in progress. Ramp design done. Funding needed. |
Exit Door/Exit Route Signs |
• There are no wall maps. 85 Wall maps must indicate the accessible exit routes, accessible discharge points, location of Staging Area on each floor, and location of accessible building features. • Exit signage at all building exits is not accessible.86 |
AOC - Wayfinding / Signage program in progress. OOC response to AOC comment: The newly installed wall maps do not show accessible egress routes, accessible discharge points or the location of Staging Areas. Nor are there any signs giving directions to these accessible egress features. Additionally, there is no signage in Braille indicating the exit stairwells and exit discharge points. Without appropriate maps, signage or directions, unescorted visitors who are disabled may be unable to find their way out of the building during an evacuation. |
Areas of Rescue Assistance |
• **********.87 • There are no two-way communication systems. Two way communication systems must be provided in all Staging Areas. |
AOC - Fire-rated doors part of Project #040052 - LHOB Prescriptive Egress Feasibility Study & Design. ECD: FY08. USCP - This item does not fall within USCP responsibility. OOC response to AOC comment: The AOC does not give a date for construction to solve the problem open stairwells. Until the stairwells have been enclosed, the Staging Areas should be relocated as the current location is very hazardous. USCP - The installation of two-way communication systems in staging areas does not fall within USCP responsibility. AOC - Referenced sections describe the provisions of an area of refuge. NFPA 101-2000:7.2.12 establishes when required. NFPA 101-2000:1.2.12.1 & IBC Section 1007 exempts areas of refuge in bldgs protected thru-out by an auto sprinkler system. Therefore the applicable codes do not require areas of refuge or the associated 2 way communication. OOC response to AOC comment: While the AOC takes the position that Staging Areas are not required in the building, plans from Member and Committee offices indicate that individuals who are mobility impaired are to be directed to the nearest Staging Area. Visitors who are in the hallways at the time of the alarm must also be able to find the Staging Areas. These locations are not currently shown on the new wall maps or on other signage. Further, there is no way for persons with disabilities in the Staging Areas to contact rescuers. Thus, individuals may be left behind in the Staging Areas unless there is a plan to conduct multiple "sweeps" of these areas, or to create a two-way communication system by, for example, modifying the existing fire-fighter phones. |
Visual Alarms |
Visual alarms88 have been installed throughout most of the building except: **********. |
AOC - Strobes to be added as part of an existing strobe upgrade project. Estimated completion date by FY06. Committees - Structural changes to hearing rooms are within the purview of the AOC. Therefore, the Committees defer to the response of the AOC. |
Plan for Evacuation of Mobility Impaired Employees and Visitors |
• Each office has an evacuation plan. The USCP is responsible for coordinating evacuation plans and facilitating the evacuation from the building. Citing security concerns the USCP declined to provide the OOC with sufficiently detailed information for the OOC to evaluate the plan for evacuating mobility impaired visitors and employees from the building. Nevertheless, based on the information available, the OOC is concerned that the building wide evacuation does not properly provide for prompt evacuation of disabled visitors. • There are locations on each floor that, with minor modifications, could be much safer Staging Areas than the current locations.89 • Most of the employing offices in Longworth that responded to an OOC questionnaire90 reported that they did not know where to direct91 or how to assist a visitor with disabilities in the event of an evacuation drill or emergency. Other offices reported that they have been advised to call USCP for instructions if they have a disabled visitor during an evacuation. **********. • Most of the employing offices in Longworth that responded to the OOC questionnaire reported that they would like training in how to assist disabled visitors during an evacuation. |
USCP - The USCP evacuation plan is available for review and evaluation by the OOC upon completion of the MOU. However, information pertaining to the evacuation of Members of Congress may be withheld for security reasons consistent with law. The USCP is not responsible for coordinating plans. There is no evidence that USCP officer assistance during an evacuation may contribute to the problem of providing prompt evacuation of disabled visitors. OOC response to USCP response: Coordination of evacuation routes and plans is essential for a safe and prompt evacuation. Evacuation plans of individual offices that were examined by the OOC suggest that there was some coordination with the USCP. The OOC will continue to investigate evacuation plan coordination during its inspections for the 109th Congress. USCP - This item does not fall within USCP responsibility. USCP - In an evacuation, USCP personnel are able to assist in the safe evacuation and to facilitate communications. Previously, before September 11, 2001 (9/11), USCP provided information to employing offices in Longworth regarding the safe evacuation of occupants. USCP - Additional training can be arranged. |
Communications Access to Programs, Services and Activities: Does a qualified individual with a disability have equal communications access to the programs and activities of each of the public entities in the building.
Feature |
Description of Current Barriers to Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Effective Communication: Information and Signage |
There are no wall maps or other signage to indicate accessible features of the building including restrooms, restaurants, Staging Areas, egress routes and discharge points.92 |
AOC - Wayfinding/ Signage program in progress. OOC comment on AOC response: The newly installed wall maps do not show accessible egress routes, accessible exit discharge points or Staging Areas; there is also no other signage indicating the location of these accessible egress features. The new maps do show the location of accessible restrooms. |
Effective Communication: Offices and individual requests93 |
• A small number of the Member and Committee offices in Longworth that responded to an OOC questionnaire reported that they had received at least one request for auxiliary aids and services from a hearing-impaired or low-vision constituent or visitor. • Most of the Member and Committee offices in Longworth that responded to an OOC questionnaire reported that they do not have access to TDD or a telephone-relay system. • Many of the Member and Committee offices in Longworth that responded to an OOC questionnaire reported that they did not know how to respond to a request for a sign language interpreter or other auxiliary aid from a deaf or hard-of-hearing constituent or member of the public. |
CAO - As the employee population of the House is constantly turning over, training and outreach are constant challenges. It should be noted that the House provides 'HouseSmart' which is a comprehensive reference guide to all services offered. Included in 'HouseSmart' is a section relating to services for persons with disabilities (pgs 30-34). The services listed include, but are not limited to, information regarding the House relay system, public TTY phones, systems for the hearing impaired to use in Committee Hearing Rooms, and sign language interpreters. Also included in 'HouseSmart' is information on Congressional Special Services Office which provides certain services for visitors with disabilities. The latest edition of 'HouseSmart' was distributed to all Member, Committee and support offices of the House in January 2005. Since the last edition of 'HouseSmart', the CAO has published an article on the TTY system in the House Services Bulletin - a bi-weekly CAO publication that highlights services available throughout the House Campus. An upcoming article and brochure will feature the House Relay System and its availability to Member and Committee Offices. Like 'HouseSmart', the House Services Bulletin is distributed to all Member, Committee and support offices of the House. Also, Member and Committee offices are permitted to purchase their own accessible equipment. CAO House Support Services and House Information Resources can assist offices in obtaining this equipment. USCP - These items do not fall within USCP responsibility. However, to the extent that access to TDD or a telephone-relay system involves interconnectivity with the USCP emergency number, USCP will help to facilitate the connection. |
Effective Communication: Hearing Rooms94 |
There is no assistive listening system in committee room 1334. Assistive listening system available, but no signage in committee rooms 1300, 1302 and 1324. |
AOC - To be addressed during Committee Hearing Room Renovations. Signs indicating information on assistive listening devices part of Wayfinding /Signage program. CAO - Presently, there is an accommodation to this issue. Congressional Special Services Office (CSSO) has portable induction loops to assist those members of the public that require assistance. Also, upon reasonable notice from committee staff, the CAO in conjunction with CSSO will assist in making arrangements for reasonable accommodation. The 2002 OOC ADA Report accepted the use of portable induction devices as an accommodation to assist those members of the public with hearing impairments. In addition, the CAO is moving forward on a permanent solution to this. Primary committee hearing rooms are undergoing renovation. Included in this renovation as a base installation are infrared assistive hearing systems with a minimum of 10 headsets. At the present time, subcommittee hearing rooms are not heduled for renovations. The hearing rooms listed are subcommittee hearing rooms. Committees - Committees are dedicated to making their hearings and/or information generated by the hearings accessible to persons with disabilities. When given reasonable notice of the need for an accommodation, the Committees will work with appropriate entites to provide reasonable accommodations to witnesses and/or audience members. Installation of assistive listening systems is within the purview of the CAO and the Committees defer to the CAO response to address the issue further. Signage has been provided for Rooms 1300, 1302 and 1324. |
Access to Offices and Hearing Rooms: Do individuals who have a mobility impairment have equal access to the public areas in each office and hearing room?
Feature |
Description of Current Barriers to Accessibility95 |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Path of travel from accessible main entrance to offices and hearing rooms |
Accessible |
|
Offices |
To be inspected in 109th Congress |
|
Elevators |
Accessible |
|
Doors to each committee hearing room |
Non-accessible width of one door leaf makes a hearing room non-accessible. Therefore, doors must be staffed **********. |
AOC - To be addressed during Committee Hearing Room Renovations. Will defer to employing office occupants for interim. Committees - The Committees have staffers posted at the doors to assist those with mobility impairments in entering and exiting hearing rooms. As the Committees are not responsible for structural changes to the hearing rooms, the Committees defer to the AOC response regarding alterations to the doors and/or door hardware. |
Witness Table |
Non-accessible table height in committee rooms 1334 and 1324. |
CAO - Generally for Committee Rooms that do not have witness tables that meet the requisite height, the CAO upon notice from committee staff either raise the existing witness table to the proper height to allow for wheelchair accessibility; provide an accessible extension to the table or permanently modify the structure of the table to allow for wheelchair access depending upon the direction of the committee staff. Committees - In the event that a witness in a wheelchair or other assistive mobility device is attending a hearing, the Committees will work with the CAO's office to ensure compliance with ADA requirements through alteration of existing witness tables. The Committees defer to the CAO response regarding procedures for altering witness tables in hearing rooms. |
Path of travel within committee hearing rooms |
All accessible |
Restrooms: Are public restrooms accessible to individuals who use wheelchairs or have other mobility impairments?
Feature |
Description of Current Barriers to Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Accessible restrooms96 |
• Door weight is too heavy and therefore makes otherwise accessible restroom non-accessible in restrooms LDA2 and L1B5. • Flush control in L1B5 is incorrectly mounted. • Grab bar in men's restroom near B204 is too short and needs to be modified.97 |
AOC - Door weight -all HOB restrooms to be slated for renovations. Work orders have been written for individual issues - ECD: 7/05. |
Signage and maps |
• No signs or maps in hallways indicating location of accessible restrooms.98 • Non-accessible signage on LDA2, LDA3 and L607. |
AOC - Wayfinding /Signage Project in progress. |
Other Building Features: Are other facilities and features in the building readily accessible and usable by individuals with disabilities such as mobility impaired, vision impaired or hearing impaired?
Feature |
Description of Current Barriers to Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Public Telephones |
There is no signage indicating the location of the accessible public telephone.99 |
AOC - Wayfinding /Signage Project. CAO - AOC signage program will include proper signage. |
Health Unit Room 1204 |
Restroom is accessible except piping beneath sink is not configured or insulated correctly.100 |
AOC - Work order has been written- ECD: 7/05 |
Dining Facilities - Longworth Food Court |
• The Food Court is fully accessible except one self-service soda machine which is non-compliant with reach range standards101 and requires minor modification. |
CAO - The contractor has moved the machine in question so that the soda machine is compliant. |
C. Rayburn House Office Building (Size 2,256,100 square feet)
Accessible Building Entrance: Can a visitor who uses a wheelchair or who has other mobility impairments freely enter the building?
Feature |
Description of Current Barrier to ADA Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
South Capitol Street entrance |
Sidewalk ramp on left side is too steep and therefore not accessible, however ramp on right side is accessible.102 |
AOC - Only one accessible ramp is required, however we have initiated a project to study the feasibility to modify the left ramp for accessibility. |
Signage for Accessible Entrance |
Signage must be changed to indicate the one accessible sidewalk ramp leading to the entrance.103 |
AOC - Wayfinding / Signage program in progress. |
Passenger Loading or Drop off |
• The designated taxi drop off is located on a steep hill and difficult to use for a visitor in a wheelchair. This drop-off area is also quite a distance from the accessible entrance. Drop-off is not presently permitted at the intersection of South Capitol St. and Independence Ave., a location that would be more accommodating to visitors who use wheelchairs. |
AOC -AOC will take into consideration providing an ADA accessible entrance elsewhere at a building entrance if future plans offer that opportunity. USCP - No response from USCP. |
Sidewalks and Curb Ramps |
Curb ramp at corner of South Capitol St. and Independence Ave. is not accessible; it is too steep and does not connect with the marked crosswalk.104 |
AOC - AOC will correct. Schedule will be established. |
Emergency Procedures: Does a visitor with a disability have an equal opportunity to safely evacuate the building, or get to a designated shelter-in-place location (on a higher floor if appropriate), in the event of a drill or an actual emergency?
Feature |
Description of Current Barriers to Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Accessible Emergency Exit Routes |
• There is only one accessible exit discharge from the building. The lack of a second accessible exit discharge violates the NFPA Life Safety Code.105 |
AOC - AOC is working with USCP to establish a second accessible egress point in the building. |
Exit Door/Exit Route Signs |
• Existing wall maps do not indicate the Staging Areas, accessible exit routes or exit discharge points.106 • Exit signage at all the building exits does not meet the requirements for accessibility.107 |
AOC - Wayfinding /Signage program in progress. OOC response to AOC comment: The newly installed wall maps do not show accessible egress routes, accessible discharge points or the location of Staging Areas. Nor are there any signs giving directions to these accessible egress features. Additionally, there is no signage in Braille indicating the exit stairwells and exit discharge points. Without appropriate maps, signage or directions, unescorted visitors who are disabled may be unable to find their way out of the building during an evacuation. |
Areas of Rescue Assistance |
• The location of the Staging Areas108 is acceptable. • There are no accessible two-way communication systems located in the Staging Areas and such communication systems must be provided.109 |
AOC - Referenced sections describe the provisions of an area of refuge, NFPA 101-2000: 7.2.12 establishes when such areas are required. NFPA 101-2000:1.2.12.1& IBC Section 1007 exempts areas of refuge in bldgs protected thru-out by an auto sprinkler system. Therefore, the applicable codes do not require areas of refuge or the associated 2 way communication system in this building. USCP - No action required regarding the Staging Areas. Two-way communications systems located in the Staging Areas do not fall within USCP responsibility. OOC response to AOC comment: While the AOC takes the position that Staging Areas are not required in the building, plans from Member and Committee offices indicate that individuals who are mobility impaired are to be directed to the nearest Staging Area. Visitors who are in the hallways at the time of the alarm must also be able to find the Staging Areas. These locations are not currently shown on the new wall maps or on other signage. Further, there is no way for persons with disabilities in the Staging Areas to contact rescuers. Thus, individuals may be left behind in the Staging Areas unless there is a plan to conduct multiple "sweeps" of these areas, or to create a two-way communication system by, for example, modifying the existing fire-fighter phones. |
Visual Alarms |
• ********** **********.110 |
AOC - **********completion by FY06. Committee - Structural changes to hearing rooms are within the purview of the AOC. Therefore, the Committee defers to the response of the AOC. |
Plan for Evacuation of Mobility Impaired Employees and Visitors |
• Each office has an evacuation plan. The USCP is responsible for coordinating the plans and facilitating evacuation from the building. Citing security concerns the USCP declined to provide the OOC with sufficiently detailed information for the OOC to evaluate the plan for evacuating mobility impaired visitors and employees from the building. Nevertheless, based on the information available, the OOC is concerned that the building wide evacuation does not properly provide for prompt evacuation of disabled visitors. Our inspection found many impediments to a safe evacuation. Relatively inexpensive modifications could increase the number of accessible exit discharge points and make the evacuation safer. It also would not be expensive to provide two-way communications in the Staging Areas. (See previous Areas of Rescue Assistance section.)111 • The majority of the employing offices in Rayburn that responded to an OOC questionnaire112 reported that they do not know where to direct113 or how to assist a disabled visitor in the event of an evacuation drill or emergency. Other offices reported that they have been advised to call USCP for instructions if they have a disabled visitor during an evacuation. ***** individual offices. • All of the employing offices in Rayburn that responded to the OOC questionnaire stated that they would like training in how to assist disabled visitors during an evacuation. One respondent in Rayburn stated that such "training should be mandatory." |
USCP - The USCP evacuation plan is available for review and evaluation by the OOC upon completion of the MOU. However, information pertaining to the evacuation of Members of Congress may be withheld for security reasons consistent with law. The USCP is not responsible for coordinating plans. USCP personnel are available to assist in the safe evacuation consistent with workplace safety requirements and to facilitate communications. There is no evidence that USCP officer assistance may contribute to the problem of providing prompt evacuation of disabled visitors. The inexpensive modifications needed to increase the number of accessible exit discharge points does not fall within the USCP's responsibility. USCP personnel may be positioned at staging areas and are able to assist in the safe evacuation consistent with workplace safety requirements and to facilitate communication. In an evacuation, USCP personnel are available to assist in the safe evacuation and to facilitate communications. OOC response to USCP comment: The OOC has confirmed that the D.C. Fire Department will only evacuate individuals from Staging Areas that are in the immediate zone of danger. If USCP is not responsible for evacuating individuals from other Staging Areas, it is unclear what other entity has this responsibility. Without a designation of responsibilities, individuals who are mobility-impaired may simply be left in the Staging Areas to wait out the evacuation. Furthermore, coordination of evacuation routes is essential for a safe and prompt evacuation. Evacuation plans of individual offices that were examined by the OOC suggest that there was some coordination with the USCP. The OOC will continue to investigate evacuation plan coordination during its inspections for the 109th Congress. USCP Previously, before September 11, 2001 (9/11), USCP officers provided information to employing offices in Rayburn regarding the safe evacuation of occupants. |
Communications Access to Programs, Services and Activities: Does a qualified individual with a disability have equal communications access to the programs and activities of each of the public entities in the building.
Feature |
Description of Current Barriers to Accessibility |
Comments or Plans to Remedy Access Issues |
|---|---|---|
Effective Communication: Information and Signage |
Existing wall maps do not accurately indicate accessible features of the building including restrooms, restaurants, Staging Areas, egress routes and discharge points.114 |
AOC - Wayfinding/Signage program in progress. As noted above, staging areas are provided, but are not considered a "permanent" room designation" given that their locations may change as conditions change. See ADA Technical Assistance Manual III-7.5165, citing ADAAG 4.1.3(16); 4.30.7. Thus, they will not be shown on the wall maps that will be mounted as part of the signage program scheduled to be completed in FY2007. OOC comment on AOC response: The newly installed wall maps do not show accessible egress routes, accessible exit discharge points or Staging Areas; there is also no other signage indicating the location of these accessible egress features. The new maps do show the location of accessible restrooms. |
Effective Communication: Offices and individual requests115 |
• Most of the Member and Committee offices in Rayburn that responded to an OOC questionnaire reported116 that they do not have access to TDD or a telephone-relay system. • Some of the Member and Committee offices in Rayburn that responded to an OOC questionnaire reported that they had received at least one request for auxiliary aids and services from a hearing-impaired or low-vision constituent or visitor. • Many of the Member and Committee offices in Rayburn that responded to an OOC questionnaire reported that they did not know how to respond to a request for a sign language interpreter or other auxiliary aid from a deaf or hard-of-hearing constituent or member of the public. |
USCP - This item does not fall within USCP responsbility. However, to the extent that access to TDD or a telephone-relay system involves interconnectivity with the USCP emergency number, USCP will help to facilitate the connection. CAO - As the employee population of the House is constantly turning over, training and outreach are constant challenges. It should be noted that the House provides 'HouseSmart' which is a comprehensive reference guide to all services offered. Included in 'HouseSmart' is a section relating to services for persons with disabilities (pgs 30-34). The services listed include, but are not limited to, information regarding the House relay system, public TTY phones, systems for the hearing impaired to use in Committee Hearing Rooms, and sign language interpreters. Also included in 'HouseSmart' is information on Congressional Special Services Office which provides certain services for visitors with disabilities. The latest edition of 'HouseSmart' was distributed to all Member, Committee and support offices of the House in January 2005. Since the last edition of 'HouseSmart', the CAO has published an article on the TTY system in the House Services Bulletin - a bi-weekly CAO publication that highlights services available throughout the House Campus. An upcoming article and brochure will feature the House Relay System and its availability to Member and Committee Offices. Like 'HouseSmart', the House Services Bulletin is distributed to all Member, Committee and support offices of the House. Also, Member and Committee offices are permitted to purchase their own accessible equipment. CAO House Support Services and House Information Resources can assist offices in obtaining this equipment. |
Effective Communication: Hearing Rooms117 |
Assistive listening system provided in most committee hearing rooms in Rayburn. However it is not provided in committee hearing rooms 2220, 2128, 2361, B318 and 2257. |
AOC - To be addressed during Committee Hearing Room Renovations. CAO - Presently, there is an accommodation to this issue. Congressional Special Services Office (CSSO) has portable induction loops to assit those members of the public that require assistance. In additions, upon reasonable notice from committee staff, the CAO in conjunction with CSSO will assist in making arrangements for reasonable accommodations. The 2002 OOC ADA Report accepted the use of portable induction devices as an accommodation to assist those members of the public with hearing impairments. In addition, the CAO is moving forward on a permanent solution to this. Primary committee hearing rooms are undergoing renovation. Included in this renovation as a base installation are infrared assistive hearing systems with a minimum of 10 headsets. At the present time, subcommittee hearing rooms are not scheduled for renovations. The hearing rooms listed are subcommittee hearing rooms. Committees - Committees are dedicated to making their hearings and/or information generated by the hearings accessible to persons with disabilities. When given reasonable notice of the need for an accommodation, the Committees will work with appropriate entities to provide reasonable accommodations to witnesses and/or audience members. Installation of assistive listening systems is within the purview of the CAO and the Committees defer to the CAO response to address the issue further. |
Access to Offices and Hearing Rooms: Do individuals who have a mobility impairment have equal access to the public areas in each office and hearing room?
Feature |
Description of Current Barriers to Accessibility118 |
Plans to Remedy Access Issues |
|---|---|---|
Path of travel from accessible main entrance to offices and hearing rooms |
Water fountains and some public telephones in the hallways act as "protruding objects" and are a hazard to a blind or low vision individual who uses a cane. |
AOC - Included in building upgrades. No known completion date. |
Offices |
To be inspected in 109th Congress |
|
Elevators |
• Placement of waste cans below the elevator call button obstructs access to the call buttons for a person who uses a wheelchair. • Elevator Banks 1, 2, 3, 4, 5 and 6 are not accessible because audible signals are non-compliant. • Accessible elevator sign missing for Elevator Banks 2 (4th floor), Bank 3 (2nd & 4th floors) and Bank 6. |
AOC - Trash cans will be addressed thru Administrative procedures. Elevators currently being renovated and will be fully accessible. Estimated completion - FY06. Work orders have been written to correct missing elevator signs. To be complete by 8/05. |
Doors to committee hearing rooms |
Door width and door hardware are not accessible in most of the committee hearing rooms in Rayburn except where automatic door openers have been installed. Thus, the following hearing rooms are not accessible unless doors are staffed **********. |
AOC - To be addressed during Committee Hearing Room Renovations. Committees - The Committees have staffers posted at the doors to assist those with mobility impairments in entering and exiting hearing rooms. As the Committees are not responsible for structural changes to the hearing rooms, the Committees defer to the AOC response regarding alterations to the doors and/or door hardware. The Committee on Education & Workforce reports that since the OOC inspection the AOC has installed an automatic door opener on Hearing Room 2257. |
Witness tables |
Witness tables are not an accessible height in committee hearing rooms 2203, 2247, 2220, 2128, 2318, 2218, 2322, 2123, 2125, 2255, 2167, 2216, 2212, 2118, 2226, 2361, B318 and 2257. |
CAO - Generally, for Committee Rooms that do not have witness tables that meet the requisite height, the CAO upon notice from committee staff either raise the existing witness table to the proper height to allow for wheelchair accessibility; provide an accessible extension to the table or permanently modify the structure of the table to allow for wheelchair access depending upon the direction of the committee staff. Committees - In the event that a witness in a wheelchair or other assistive mobility device is attending a hearing, the Committees will work with the CAO's office to ensure compliance with ADA requirements through alteration of existing witness tables. The Committees defer to the CAO response regarding procedures for altering witness tables in hearing rooms. Witness tables in Rooms 2118 and 2226 have been modified since the time of the OOC inspection. |
Path of travel within hearing rooms |
All accessible. |
Restrooms: Are public restrooms accessible to individuals who use wheelchairs or have other mobility impairments?
Feature |
Description of Current Barriers to Accessibility119 |
Plans to Remedy Access Issues |
|---|---|---|
Accessible restrooms |
• There is at least one otherwise accessible men's restroom and women's restroom on each floor with the exception of the fourth floor. However, the door weight is non-accessible for each restroom. • Grab bars need to be modified in restrooms near B349 and 2470. |
AOC - All HOB restrooms slated for renovations. Work orders have been written for specific issues with estimated completion of 7/05. |
Signage and maps |
Maps and signage provide inaccurate information about the location of fully accessible restrooms.120 |
AOC - Wayfinding/ Signage program in progress. |
Health Unit |
There is not an accessible restroom in the Health Unit. |
AOC A project has been initiated to investigate correction. |
Other Building Features: Are other facilities and features in the building readily accessible and usable by individuals with disabilities such as mobility impairment, vision impairment or hearing impairment?
Feature |
Description of Current Barriers to Accessibility |
Plans to Remedy Access Issues |
|---|---|---|
Public Telephones |
• There are accessible public telephones on basement and first floor level. However some of the telephones are "protruding objects" and pose a hazard to blind or low vision individuals who use a cane.121 |
CAO - The CAO Safety Coordinator is working in conjunction with CAO HIR Telecommunications to correct the protrusion issue. |
Drinking fountains |
The drinking fountains in the halls are not accessible. |
AOC - To be added with building upgrades. No known completion date. |
Dining Facilities |
The Rayburn Deli is fully accessible. |
D. Dirksen Senate Office Building (Size 661,000 square feet)
Accessible Building Entrance: Can a visitor who uses a wheelchair or who has other mobility impairments freely enter the building?
Feature |
Description of Current Barrier to ADA Accessibility |
Plans to Remedy Access Issues |
|---|---|---|
1st and C Street Entrance |
Accessible122 |
|
Signage for Accessible Entrance |
Accessible |
|
Sidewalks and Curb Ramps |
All curb cuts at accessible entrance non-accessible because too steep.123 |
AOC - Curb ramps to be repaired in FY2006. |
Emergency Procedures: Does a visitor with a disability have equal opportunity to safely evacuate the building, or get to a designated shelter-in-place location (on a higher floor if appropriate), in the event of a drill or an actual emergency?
Feature |
Description of Current Barriers to Accessibility |
Plans to Remedy Access Issues |
|---|---|---|
Accessible Emergency Exit Routes |
There are two accessible emergency discharge points from the building as required by the National Fire Protection Association (NFPA).124 The secondary accessible emergency exit route is through the Hart Building. |
|
Exit Door/Exit Route Signs |
• Accessible exit routes and discharge points are not indicated on building wall maps.125 Wall maps must indicate the accessible exit routes, discharge points, location of Staging Areas on each floor, and location of accessible building features. • Exit signage at all the building exits does not meet the requirements for accessibility.126 |
AOC - Interior Wayfinding signage project will be completed in FY2007. As noted above, staging areas are provided, but are not considered a "permanent room designation, " given that their locations may change as conditions change. See ADA Technical Assistance Manual III-7.5165, citing ADAAG 4.1.3(16); 4.30.7 Thus, they will not be shown on the wall maps that will be mounted as part of the signage program scheduled to be completed FY2007. USCP - This item does not fall within USCP responsibility. OOC response to AOC comment: Wall maps or signage must show accessible egress routes, accessible exit discharge points and Staging Areas. Signage in Braille must be provided at all exit stairwells and exit discharge points. Without appropriate maps, signage or directions, unescorted visitors who are disabled may be unable to find their way out of the building during an evacuation. |
Areas of Rescue Assistance |
• Staging Areas127 are properly located. • There are no two-way communication systems in these areas that are compliant with the requirements of the ADA.128 • Wall maps and signage must indicate the location of the Staging Areas. |
AOC - Two-way communication is only required for areas of rescue assistance. The exception to 28 CFR Pt 36 App. A §4.1.3(9) does not require areas of rescue assistance for buildings that have a supervised automatic sprinkler system. The Dirksen Bldg. is currently 95% sprinklered with completion scheduled by FY 2007. As noted above, staging areas are provided, but but are not considered a "permanent room designation," given that their locations may change as conditions change. See ADA Technical Assistance Manual III-7.5165, citing ADAAG 4.1.3(16); 4.30.7. Thus they will not be shown on the wall maps that will be mounted as part of the signage program scheduled to be completed in FY 2007. USCP - The OOC representation in footnote 72 regarding DC Fire and USCP responsibilities is incorrect and should be stricken as OOC does not direct the USCP responsibilities. USCP personnel are available to assist in the safe evacuation of all occupants. OOC response to AOC comment: While the AOC takes the position that Staging Areas are not required in the building, plans from Member and Committee offices indicate that individuals who are mobility impaired are to be directed to the nearest Staging Area. Visitors who are in the hallways at the time of the alarm must also be able to find the Staging Areas. These locations are not currently shown on the wall maps or on other signage. Further, there is no way for persons with disabilities in the Staging Areas to contact rescuers. Thus, individuals may be left behind in the Staging Areas unless there is a plan to conduct multiple "sweeps" of these areas, or to create a two-way communication system by, for example, modifying the existing fire-fighter phones. OOC response to USCP comment: The OOC has confirmed that the D.C. Fire Department will only evacuate individuals from Staging Areas that are in the immediate zone of danger. If USCP is not responsible for evacuating individuals from other Staging Areas, it is unclear what other entity has this responsibility. Without a designation of responsibilities, individuals who are mobility-impaired may simply be left in the Staging Areas to wait out the evacuation. |
Visual Alarms |
There are visual alarms in most areas of the building open to the public.129 However, there are **********. |
AOC - Areas noted will be provided visual alarms under the Dirksen Fire Alarm Replacement Project scheduled for FY2006 design and FY2009 construction. Committees - Structural changes to the committee rooms fall under the responsibility of the AOC. The committee understands that the AOC will correct the deficiencies, if any exist, and defers to the AOC's response to this item. |
Plan for Evacuation of Mobility Impaired Employees and Visitors |
• Each office has an evacuation plan. The USCP is responsible for coordinating the plans and facilitating the evacuation from the building. Citing security concerns the USCP declined to provide the OOC with sufficiently detailed information for the OOC to evaluate the plan for evacuating mobility impaired visitors and employees from the building. It does appear that USCP has reviewed its plan with employing offices in the Dirksen building. • Virtually all of the employing offices responding to an OOC questionnaire130 know that they should escort disabled visitors and employees to the nearest Staging Area in the event of an emergency, and await USCP for further assistance. • The plan to evacuate individuals with mobility impairments appears to rely on the elevators. There is sufficient backup power to run one elevator per bank. However none of the elevators have smoke detectors as required by the NFPA.131 • All of the employing offices in Dirksen that responded to an OOC questionnaire stated that they would like training in how to assist disabled visitors during an evacuation. |
USCP - The USCP evacuation plan is available for review and evaluation by the OOC upon completion of the MOU. However, information pertaining to the evacuation of Members of Congress may be withheld for security reasons consistent with law. The USCP is not responsible for coordinating plans. The installation of smoke detectors in elevators is not a USCP responsibility. In an evacuation, USCP personnel are available to assist in the safe evacuation consistent with workplace safety requirements and to facilitate communications. Previously, before September 11, 2001(9/11), USCP officers provided information to employing offices in Dirksen regarding the safe evacuation of occupants. Post 9/11, the USCP coordinates with the Senate Office of Emergency Preparedness to ensure the safe evacuation of all occupants. OOC response to USCP response: Coordination of evacuation routes and plans is essential for a safe and prompt evacuation. Evacuation plans of individual offices that were examined by the OOC suggest that there was some coordination with the USCP. The OOC will continue to investigate evacuation plan coordination during its inspections for the 109th Congress. AOC - Smoke detectors are provided in elevator lobbies per NFPA 72. Smoke detectors will be installed in elevator machine rooms FY2006. OSEP - The Senate Office of Security and Emergency Preparedness (OSEP) offers a wide range of ongoing training and outreach activities to instruct Senate staff on the evacuation procedures for both the general population and employees and visitors with mobility impairments. OSEP also provides individuals training for staff members with mobility impairments to familiarize such employees with the procedures for elevator evacuation and evacua |