SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
HRL LABORATORIES, LLC, MALIBU, CALIFORNIA
DJ NUMBER 202-12C-80

BACKGROUND

  1. This matter was initiated by a compliance review under title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§  12181-12189, and the United States Department of Justice's implementing regulation, 28 C.F.R. Part 36.

  2. The parties to this Agreement are the United States Department of Justice (the "Department") and Hughes Research Laboratories, LLC (hereinafter "HRL").

  3. HRL owns and operates the HRL Laboratories at 3011 Malibu Canyon Road, Malibu, California.

  4. The Department initiated a compliance review of HRL upon reasonable belief that HRL altered portions of the Malibu Canyon Road facility in a manner that did not ensure, to the maximum extent feasible, that the altered portions of the facility, and the paths of travel thereto, are readily accessible to and usable by individuals with disabilities. 28 C.F.R. §§ 36.402 and 36.403. During the course of the compliance review, the Department also determined that HRL had designed and constructed some new portions of the facility in a way that did not comply with the ADA Standards for Accessible Design, 28 C.F.R. pt. 36, App. A ("Standards"). As a result, many employee areas remain inaccessible, or have been constructed in an inaccessible manner, and elements in and surrounding the auditorium, which is made available for public use, are not accessible.

  5. The Malibu Canyon Road facility is a commercial facility as defined by title III of the ADA because its operations affect commerce. It is intended for nonresidential use by a private entity not expressly exempt under the regulation. 28 C.F.R. § 36.104.

  6. HRL, in part, also owns and operates a place of public accommodation because it leases out the auditorium in building # 254 to the Malibu City Council and to other organized groups for meetings, 28 C.F.R. § 36.104.

  7. The Department determined through its compliance review, including an on-site survey of the facility on February 24 through 27, 1997, that the elements listed in ¶¶ 10-52 do not comply with the requirements of the title III regulations or the Standards, 28 C.F.R. §§  36.401, .402, .403, .404, .406, and Appendix A.

  8. The parties have decided to resolve this matter as set forth below without adjudication of factual and legal disputes.

TIME FRAMES FOR COMPLIANCE

  1. HRL agrees to make the following modifications to its facilities, so that they comply with the stated ADA standards, within the following time frames:

    1. Within one year from the effective date of this Agreement - Paragraphs 10-21, 24-26, 29-32, 35-36, 38-39, 42-49, and 52.

    2. Within two years from the effective date of this Agreement - Paragraphs 33 and 34; and

    3. Within three years from the effective date of this Agreement - Paragraphs 22-23, 27-28, 37, 40-41, 50 and 51.

      4. The 28 C.F.R., Part 36, sections referenced at the end of Paragraphs 10-52 of this Settlement Agreement are provided as a standard or standards for the work specified in the particular Paragraph corresponding to the specific standard or standards. The standard or standards are not to be construed and are not intended by the Parties to add any additional work beyond what is expressly stated in the respective Paragraph.

MODIFICATIONS TO BE UNDERTAKEN

A.       Exterior - Front of Buildings 250 and 254

  1. At least 2 percent of the 550 parking spaces will comply with the Standards and will be designated as accessible; at least two of these spaces will be van accessible spaces with a 96 inch width and an access aisle of a minimum 96 inch width. The van accessible spaces will have "van accessible" signs mounted below the symbols of accessibility such that the signs cannot be obscured by a vehicle parked in the space. Vertical clearances at such spaces shall comply with the Standards. These elements will comply with Standards §§  4.1.2(5)(a) and (b), 4.6, and Fig. 9.

  2. The slope of the accessible route from the designated accessible parking to the entrance to Building 254 containing the auditorium often used by the public will be 1:20 or less or, if the slope is between 1:12 and 1:20, will have handrails. These elements will comply with Standards §§ 4.1.2(1), 4.3.2(1), 4.3.8, and 4.8.5.

  3. The curb ramp, which is part of the accessible route from the designated accessible parking to the entrance to Building 250, will align with the demarcated crosswalk. These elements will comply with Standards §§ 4.1.2(1), 4.3.2(1), 4.3.8, and 4.7.9.

  4. The ramp from the sidewalk to the platform wheelchair lift will have a top landing that is level and that measures 60 inches by 60 inches, a right handrail that will be continuous along the full length of the ramp and that is mounted between 34 and 38 inches above the ramp surface, and a cross slope that is no greater than 1:50. These elements will comply with Standards §§ 4.1.2(2), 4.3.2(2), 4.3.8, 4.8.4(3), 4.8.5(1), 4.8.5(5), and 4.8.6.

  5. The clear floor space for the platform lift controls will be level. This element will comply with Standards §§ 4.27.1, 4.27.2, 4.2.4, and 4.2.5.

  6. The platform lift will be operable without assistance and a sign will be provided instructing users how to operate the lift. These elements will comply with Standards §§ 4.11.2 and 4.11.3.

  7. The top landing of the ramp, which also serves as the maneuvering clearance for the platform lift door, will be level. This element will comply with Standards §§ 4.1.2(1), 4.3.8, and 4.8.4.

  8. The vertical height of the transition from the floor tile to the concrete along the designated accessible route to the entrance to Building 250 will be ¼ inch or less and the material used to provide a slope will not erode under normal circumstances. These elements will comply with Standards §§ 4.1.2(1), 4.3.8, and 4.5.2.

  9. The main entrance doors to Building 250 are automatically operated. During high winds these doors have to be manually operated. A buzzer is already in place at the door entrance to provide individuals with a means for requesting assistance with the doors. A sign is required and will be mounted near the buzzer indicating the purpose of the buzzer. These elements will comply with Standards §§ 4.1.3(7)(a), 4.13.11(2)(c), 4.30.1, 4.30.2, 4.30.3, and 4.30.5.

  10. The mounting height of the intercom button at the main entrance to Building 250 will be between 15 and 48 inches above the floor for a front approach. This element will comply with Standards §§ 4.1.3(13), 4.2.5, 4.3, and Fig. 5.

B.      Building 254

  1. All signs designating permanent rooms and spaces will have raised characters, Braille, and the required finish and contrast and will be mounted 60 inches above the floor to the centerline of the sign at appropriate mounting locations. Such signs will comply with Standards §§  4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, and 4.30.6.

  2. For the auditorium, the common areas around the auditorium, and those rooms that open into the common area around the auditorium, visual alarm signal appliances will be provided where a public address fire alarm and evacuation system is provided. Alarms will comply with the Standards, including but not limited to the location of the alarm, intensity of the strobe, color, and pulse duration. These elements will comply with Standards §§  4.1.3(14) and 4.28.3.

  3. Women's Toilet Room Near Auditorium

    1. The opening force of the entrance door will be 5 pounds or less. This element will comply with Standards §§  4.1.3(11) and 4.22.2.

    2. The shelf within the toilet room will not protrude more than 4 inches into the room at a height between 27 and 80 inches above the floor. It will comply with Standards §§  4.1.3(2) and 4.4.1.

    3. Clear floor space shall be provided in front of the lavatory to allow a wheelchair user to use a forward approach. The knee clearance under the lavatory will be at least 27 inches high for a distance of 8 inches under the lavatory. These elements will comply with Standards §§  4.1.3(11), 4.19.2, 4.19.3, 4.22.3, and 4.22.6.

    4. The centerline of the designated accessible toilet will be 18 inches from the closest wall. This element will comply with Standards §§  4.1.3(11), 4.17.3, 4.22.4, and Fig. 30 .

    5. The flush control of the designated accessible toilet will be on the wide side of the toilet stall. This element will comply with Standards §§ 4.1.3(11), 4.16.5, 4.17.2, and 4.22.4.

    6. The designated accessible stall will be at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall hung). It will comply with Standards §§ 4.1.3(11), 4.17.3, 4.22.4, and Fig. 30(a).

  4. Men's Toilet Room

    1. The operating force of the entrance door will be 5 pounds or less. This element will comply with Standards §§ 4.1.3(11), 4.13.11, and 4.22.2.

    2. The maneuvering clearance on the push-side of the entrance door will extend 12 inches past the latch-side for a door with a closer and a latch. This element will comply with Standards §§ 4.1.3(11), 4.13.6, and 4.22.2.

    3. The shelf within the toilet room will not project more than 4 inches into the room at a height between 27 and 80 inches above the floor. It will comply with Standards §§ 4.1.3(2) and 4.4.1.

    4. The knee clearance under the lavatory will be at least 27 inches high for a distance of 8 inches under the lavatory. It will comply with Standards §§ 4 4.1.3(11), 4.19.2, 4.22.6 and Fig. 31.

    5. The centerline of the designated accessible toilet will be 18 inches from the closest wall. It will comply with Standards §§ 4.1.3(11), 4.17.3, 4.22.4, and Fig. 30(a).

    6. The operating portion of the paper towel dispensers will be no higher than 54 inches above the finish floor for a side approach. It will comply with Standards §§ 4.1.3(11), 4.2.6, 4.22.7, 4.27.2, and 4.27.3.

    7. The door to the designated accessible toilet stall will not swing into the clear floor space of the designated accessible urinal. This element will comply with Standards §§ 4.1.3(11), 4.18.3, 4.22.2, and 4.22.5.

  5. The wall-hung public pay telephone in the hallway will not protrude more than 4 inches into the circulation path at a height between 27 and 80 inches above the floor. It will comply with Standards §§ 4.1.3(2), 4.4.1, 4.1.3(17), 4.31.3, and 4.2.6.

  6. The single drinking fountain that is provided must be accessible to individuals who use wheelchairs and to those who have difficulty bending or stooping. A cup dispenser may be provided. To ensure that a cup or glass may be used, the spout shall provide a water flow of at least 4 inches. These elements will comply with Standards §§ 4.1.3(10)(a) and 4.15.

C.       Alteration within Building 254

  1. The opening force of the doors into the "Cave Room" and room 3H25 will be 5 pounds or less. This element will comply with Standards §§ 4.1.3(7)(b) and 4.13.11.

  2. The wheelchair seating locations in the auditorium will be relocated so as to provide lines of sight comparable to those for members of the general public. These elements will comply with Standards §§ 4.1.3(19)(a), 4.3, 4.33.3, 4.33.5, and Fig. 46.

  3. The floor of the wheelchair locations shall be level. This element will comply with Standards §§ 4.1.3(3), 4.1.3(19), and 4.33.4.

  4. There will be visual alarm signal appliances within the auditorium complying with the Standards, including but not limited to, the location of the alarm, intensity of the strobe, color, and pulse duration. These elements will comply with Standards §§ 4.1.3(14) and 4.28.3.

  5. The top of the ramp handrail gripping surface on each side of the auditorium will be mounted between 34 and 38 inches above the ramp surface. This element will comply with Standards §§ 4.1.3, as applicable, and 4.8.5.

  6. There will be exit signs within Building 254 that have characters of the required proportion, height, finish, and contrast. These elements will comply with Standards §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, and 4.30.5.

D.       Building 250

  1. There will be exit signs within Building 250 that have characters of the required proportion, height, finish, and contrast. These elements will comply with Standards §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, and 4.30.5.

  2. Women's Lobby Toilet Room

    1. The women's toilet room sign will have raised characters, Braille, and the required finish and contrast and will be mounted 60 inches above the floor to the centerline of the sign at an appropriate mounting location. The sign will include the symbol of accessibility. The sign will comply with Standards §§  4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, and 4.30.7.

    2. The couch will be relocated so that the pull-side maneuvering clearance of the entrance door to the toilet room vestibule is at least 60 inches deep. These elements will comply with Standards §§ 4.1.3(11), 4.13.6, 4.22.2, and Fig. 25.

    3. The coffee table in the toilet room will be relocated so that the push-side maneuvering clearance of the door from the vestibule to the toilet room is at least 48 inches deep. These elements will comply with Standards §§ 4.1.3, 4.13.6, 4.22.2, and Fig. 25.

    4. The opening force of the door from the vestibule to the toilet room will be 5 pounds or less. This element will comply with Standards §§ 4.1.3(11), 4.13.11, and 4.22.2.

    5. The bottom edge of the mirror's reflecting surface will be no more than 40 inches above the floor. This element will comply with Standards §§ 4.1.3(11), 4.19.6, and 4.22.6.

    6. The paper towel dispensers will not protrude more than 4 inches into the circulation path at a height between 27 and 80 inches above the finish floor. This element will comply with Standards §§ 4.1.3(2) and 4.4.1.

    7. A soap dispenser will be provided within accessible reach ranges of between 15 and 48 inches. This element will comply with Standards §§ 4.1.3(11) and 4.22.7.

    8. There will be a designated accessible stall that is at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall hung). This element will comply with Standards §§ 4.1.3(11), 4.17.3, and 4.22.4.

    9. The top of the designated accessible toilet seat will be between 17 and 19 inches above the floor. This element will comply with Standards §§ 4.1.3(11), 4.17.2, 4.16.3, and 4.22.4.

    10. The centerline of the designated accessible toilet will be 18 inches from the closest wall. This element will comply with Standards §§ 4.1.3(11), 4.17.3, and 4.22.4.

    11. The toilet seat cover dispenser in the designated accessible toilet stall will not impede the use of the grab bar. This element will comply with Standards §§ 4.1.3(11), 4.22.4, 4.17.6, and 4.26.2.

  3. Men's Toilet Room

    1. The men's toilet room sign will have raised characters, Braille, and the required finish and contrast and will be mounted 60 inches above the floor to the centerline of the sign at an appropriate mounting location. The sign will include the symbol of accessibility. The sign will comply with Standards §§  4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, and 4.30.7.

    2. The opening force of the toilet room door will be 5 pounds or less. It will comply with Standards §§ 4.1.3(11), 4.22.2, and 4.13.11.

    3. The trash can will be relocated so that the toilet room door will open to provide 32 inches clear opening width. These elements will comply with Standards §§ 4.1.3(11), 4.22.2, 4.13.6, and Fig. 25.

    4. The paper towel dispensers and metal shelving will not protrude into the circulation path more than 4 inches and will be mounted at a height between 27 and 80 inches above the floor. These elements will comply with Standards §§ 4.1.3(11), 4.4.1, and 4.22.7.

    5. The bottom edge of the mirror reflecting surface will be 40 inches or less above the floor. This element will comply with Standards §§ 4.1.3(11), 4.19.6, and 4.22.6.

    6. The front reach depth at the soap dispenser mounted on the wall behind the designated accessible lavatory will not be greater than 25 inches. This element will comply with Standards §§ 4.1.3(11), 4.27.3, 4.2.5, 4.22.7, and Fig. 5.

    7. There will be a designated accessible stall that is at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall hung). This element will comply with Standards §§ 4.1.3(11), 4.17.3, and 4.22.4
      8. .

    8. The top of the designated accessible toilet will be 17 to 19 inches measured from the finished floor to the top of the toilet seat. This element will comply with Standards §§ 4.1.3(11), 4.16.3, 4.22.4, and 4.17.2.

    9. The centerline of the designated accessible toilet will be 18 inches from the closest wall. This element will comply with Standards §§ 4.1.3(11), 4.17.3, and 4.22.4.

    10. The toilet seat cover dispenser in the designated accessible toilet stall will not impede the use of the grab bar. This element will comply with Standards §§ 4.1.3(11), 4.17.6, 4.22.4, and 4.26.2.

  4. There will be a 12 inch handrail extension level with the floor at the bottom of the stairs from the lobby to the lobby toilet rooms. This element will comply with Standards §§ 4.1.3(4) and 4.9.4.

  5. Renovated Office Area to the right (upon entering) of the Lobby

    1. The electrical outlets will be mounted a minimum of 15 inches above the finished floor. This element will comply with Standards §§ 4.1.3(13), 4.2.5, and 4.27.3.

    2. The shelves, mailboxes, and secretary counters will be rearranged so that they do not protrude more than 4 inches into the circulation path at a height between 27 and 80 inches above the floor. These elements will comply with Standards §§ 4.1.3(2), 4.1.3(12), 4.4.1, and 4.4.2.

  6. Women's Toilet Room -West Wing

    1. The push-side maneuvering clearance of the vestibule/sitting area entrance door will be 12 inches wide past the latch-side, the pull-side maneuvering clearance will be 60 inches deep, and the sweep period of the door closer will be at least 3 seconds to move to a point 3 inches from the latch. The door opening force will be 5 pounds or less. These elements will comply with Standards §§ 4.1.3(7), 4.1.3(11), 4.13.6, 4.13.10, 4.13.11, and Fig. 25.

    2. The vestibule/sitting area counter knee clearance will be at least 27 inches above the floor. This element will comply with Standards §§ 4.1.3(11), 4.1.3(18), 4.32.3, and 4.32.4.

    3. The pull-side maneuvering clearance depth of the toilet room entrance door from the vestibule will not be reduced by lockers projecting into the maneuvering clearance, the pull-side maneuvering clearance will extend 18 inches past the latch-side of the door, and the push-side maneuvering clearance depth will be at least 42 inches for a side approach. The door opening force will be 5 pounds or less. These elements will comply with Standards §§ 4.1.3(11), 4.23.2, 4.13.6, 4.13.11, and 4.22.2.

    4. The shower and shower area will be accessible. These elements will comply with Standards §§ 4.1.3(11), 4.21, and 4.23.

    5. The paper towel dispenser mounted next to the designated accessible lavatory will not protrude more than 4 inches into the circulation path at a height between 27 and 80 inches above the floor. This element will comply with Standards §§ 4.1.3(11), 4.4.1, and 4.22.7.

    6. There will be a designated accessible stall that is at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall hung). This element will comply with Standards §§ 4.1.3(11), 4.17.3, Fig. 30(a), and 4.22.4.

    7. The top of the designated accessible toilet seat will be between 17 and 19 inches above the floor. This element will comply with Standards §§ 4.1.3(11), 4.22.4, and 4.16.3.

    8. The centerline of the designated accessible toilet will be 18 inches from the closest wall. This element will comply with Standards §§ 4.1.3(11), 4.17.3, Fig. 30(a), and 4.22.4.

    9. The toilet seat cover dispenser in the designated accessible toilet stall will not impede the use of the grab bar. This element will comply with Standards §§ 4.1.3(11), 4.17.6, and 4.22.4.

  7. The envelope container located near the Credit Union's ATM will not protrude more than 4 inches into the circulation path at a height between 27 and 80 inches above the floor. This element will comply with Standards §§ 4.1.3(2), 4.1.3(12)(b), and 4.4.1.

  8. The overhead clearance of the underside of the stair up to the second floor from the upper lobby area adjacent to the Lobby toilet rooms is less than 80 inches above the floor. A barrier will be added under this staircase to warn blind or visually-impaired persons of the low overhead. These elements will comply with Standards §§ 4.1.3(2) and 4.4.2.

  9. HRL will upgrade the freight elevator in Building 250 from manual to automatic in order to provide an accessible route between the first and second floors of Building 250. This element will comply with Standards §§ 4.1.3(5) and 4.10.2.

  10. Men's Toilet Room

    1. The route from the vending area to the entrance to the Men's Toilet Room will be 36 inches wide and will not be obstructed by vending machines. This element will comply with Standards §§ 4.1.3(1), 4.1.3(11), and 4.3.3.

    2. The mounting height of the sign designating the Men's Toilet Room will be 60 inches from the finished floor to the centerline of the sign. This element will comply with Standards §§ 4.1.3(11), 4.1.3(16)(a), and 4.30.6.

    3. The maneuvering space clearance on the inside of the toilet room in front of the door will be at least 60 inches deep. This element will comply with Standards §§ 4.1.3(11), 4.13.6, Fig. 25, and 4.22.2.

    4. The bottom edge of the mirror reflecting surface will be no higher than 40 inches above the floor. This element will comply with Standards §§ 4.1.3(11), 4.19.6, and 4.22.6.

    5. The paper towel dispenser attached to the designated accessible toilet stall partition will not protrude more than 4 inches into the circulation path at a height between 27 and 80 inches above the floor. This element will comply with Standards §§ 4.1.3(11), 4.1.3(2), 4.4.1, and 4.22.7.

    6. The shelf and paper towel dispenser mounted adjacent to the urinal will not protrude more than 4 inches into the circulation path at a height between 27 and 80 inches above the floor. This element will comply with Standards §§ 4.1.3(11), 4.1.3(2), 4.4.1, and 4.22.7.

    7. There will be a designated accessible stall that is at least 60 inches wide and 59 inches deep (56 if the toilet is wall hung). This element will comply with Standards §§ 4.1.3(11), 4.17.3, Fig. 30(a), and 4.22.4.

    8. The centerline of the designated accessible toilet will be 18 inches from the closest wall. This element will comply with Standards §§ 4.1.3(11), 4.17, and 4.22.

  11. The door hardware of lab 1478 will be operable with one hand and will not require tight grasping, gripping, or twisting of the wrist. This element will comply with Standards §§ 4.1.3(7), 4.13.9, and 4.27.4.

  12. The room number sign of the Occupational Health Services room will have raised characters, Braille, and the required finish and contrast, and will be mounted 60 inches above the floor to the centerline of the sign at an appropriate mounting location. This element will comply with Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, and 4.30.6.

  13. The highest operable portion of the emergency telephone located adjacent to the Occupational Health Services room will be mounted no higher than 54 inches above the floor for a side approach. The telephone will have volume controls and it will be hearing aid compatible. These elements will comply with Standards §§ 4.1.3(17)(a) and (b), 4.2.6, and 4.31.

  14. Unisex Restroom 2282 (second floor building 250)

    1. The toilet room entrance door pull-side maneuvering clearance will be 60 inches deep. The locker will not protrude into the required maneuvering clearance. The entrance door lock will be operable with one hand and will not require tight grasping, pinching, and twisting of the wrist. The sweep period of the door closer will be at least 3 seconds to move to a point 3 inches from the latch and the opening force will be 5 pounds or less. These elements will comply with Standards §§ 4.1.3(7), 4.1.3(11), 4.13.6, 4.13.10, 4.13.11, and Fig. 25.

    2. The bottom edge of the mirror reflecting surface will be a maximum of 40 inches above the floor. This element will comply with Standards §§ 4.1.3 (11), 4.19.6, and 4.22.6.

    3. The paper towel dispenser will not protrude more than 4 inches into the circulation path at a height between 27 and 80 inches above the floor. This element will comply with Standards §§ 4.1.3(2), 4.1.3(11), 4.4.1, and 4.22.7.

    4. The sanitary napkin dispenser will not protrude more than 4 inches into the circulation path at a height between 27 and 80 inches above the floor. This element will comply with Standards §§ 4.1.3(2), 4.4.1, and 4.22.7.

    5. The toilet stall side grab bar will be mounted 12 inches or less from the back wall. This element will comply with Standards §§ 4.1.3(11), 4.17.6, 4.22.4, and 4.16.4.

  15. The Building 254 elevator emergency communications compartment door hardware shall be operable with one hand and will not require tight grasping, gripping, pinching, or twisting of the wrist to operate. This element will comply with Standards §§ 4.1.3(5), and 4.10.14, 4.27.4

E.       Exterior - Building 250

  1. There will be an accessible route from the parking area to the garage. All elements of the route will comply with Standards §§ 4.1.2(1) and 4.3.

  2. There will be designated accessible parking spaces and access aisles located within Parking Lot #2 (adjacent to offices and garages). The spaces and aisles will comply with Standards §§ 4.1.2(5)(a) and (b).

F.       Building 251

  1. Designated accessible spaces will be provided on the shortest route from the parking to the building entrance. This element will comply with Standards §§ 4.1.2(5)(a) and (b).

  2. Women's Toilet Room -Room 6105 -entered from exterior

    1. The entrance door hardware will be operable with one hand and will not require tight grasping, pinching, or twisting of the wrist. This element will comply with Standards §§ 4.1.3(11), 4.22.2, 4.13.9, 4.27.4.

    2. The toilet room sign will have raised characters, Braille, and the required finish and contrast, and will be mounted 60 inches above the floor to the centerline of the sign at an appropriate mounting location. The sign will contain the symbol of accessibility. These elements will comply with Standards §§  4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6, and 4.30.7.

    3. The paper towel dispenser, sanitary napkin dispenser, metal shelf, and wood shelf will not protrude more than 4 inches into the circulation path at a height between 27 and 80 inches above the floor. These elements will comply with Standards §§ 4.1.3(2), 4.1.3(11), and 4.4.1.

    4. An accessible lavatory and toilet will be provided. These elements will comply with Standards §§ 4.1.3(11), 4.16, 4.17, 4.19, 4.22.4, 4.22.7, 4.26, and 4.27.

  3. Men's Toilet Room -Room 6113 -entered from interior

    1. An accessible lavatory and toilet will be provided. These elements will comply with Standards §§ 4.1.3(11), 4.16, 4.17, 4.19, 4.22.4, 4.22.7, 4.26, and 4.27.

    2. The entrance door pull-side maneuvering clearance will extend 18 inches past the latch-side of the door. These elements will comply with Standards §§ 4.1.3(11), 4.22.2, 4.22.3, 4.13.6, and Fig. 25.

  4. The second floor of Building 251 is accessed by stairs. Stair handrail extensions will be provided. This element will comply with Standards §§  4.1.3(4), and 4.9.4.

IMPLEMENTATION AND ENFORCEMENT

  1. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any requirement thereof has been violated, it may institute a civil action in Federal district court to enforce this agreement or the requirements of title III, following written notice to HRL of the possible violation and a period of ten (10) days in which HRL has the opportunity to cure the alleged violation.

  2. Failure by the Department to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

  3. This document is a public agreement. A copy of this document or any information contained in it may be made available to any person by HRL or the Department upon request.

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

  5. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written agreement, will be enforceable under its provisions.

  6. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect HRL' s continuing responsibility to comply with all aspects of title III of the ADA.

  7. This Agreement will remain in effect for 42 months from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by HRL has been achieved, whichever is earlier.

  8. The signer of this document for HRL represents that he is authorized to bind HRL into this Agreement.

For HRL Laboratories:

_______________________________________      Date:_12/16/02_
Art Chester, President
HRL Laboratories
3011 Malibu Canyon Rd
Malibu, CA 90265

For the United States:

Ralph F. Boyd, Jr.
Assistant Attorney General for Civil Rights

BY:_______________________________________      Date:_12/17/02_
   John L. Wodatch, Chief
   Susan Buckingham Reilly, Deputy Chief
   Mary Lou Mobley, Acting Deputy Chief
   Michele Antonio Mallozzi, Architect
   Thomas Esbrook, Investigator
   Civil Rights Division
   Disability Rights Section
   U.S. Department of Justice
   950 Pennsylvania Avenue, N.W. (NYA)
   Washington, D.C. 20530