Settlement Agreement between the United States and City of Coral Gables, Florida , Attachment (D)

Appendix D

Newly Constructed Facilities

Please Note: Paragraph 21 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the City provide signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

In order to ensure that the following spaces and elements in City facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the following actions:

A. Within nine months of the effective date of this Agreement, the City will complete the following to the Maintenance and Storage Facility (2800 SW 72 Avenue)

1. East Building (Office Building)

a. Men's Toilet Room with Stalls

i. The coat hook in the stall designated for people with disabilities is inaccessible. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

b. Women's Toilet Room with Stalls

ii. The toilet paper dispenser is 18 inches above the finished floor. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

iii. Although there are 6 toilet stalls, no stall is configured for ambulatory persons with disabilities. Provide at least one stall that is exactly 36 inches wide with an outward swinging, self-closing door and parallel grab bars complying with Fig 30(d). Standards §§ 4.1.3(11), 4.22.4, Fig. 30(d).

2. West Building

a. Neither of the drinking fountains is high enough to be used by persons who have difficulty bending or stooping. For each accessible drinking fountain, provide a drinking fountain that is accessible to people who have difficulty bending or stooping. This can be accommodated by the use of a "hi-lo" fountain; by providing one fountain accessible to those who use wheelchairs and one fountain at a standard height convenient for those who have difficulty bending; by providing a fountain accessible to people who use wheelchairs and a cup dispenser, or by such other means as would achieve the required accessibility for each group of people. Standards § 4.1.3(10)(a).

b. Men's Locker Room

i. To enter the locker room off the activity room, there are two doors in a series creating a vestibule. Both doors require 13 pounds of force to operate. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

ii. The coat hook in the toilet stall designated for persons with disabilities is inaccessible. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iii. The grab bar in the shower for persons with disabilities is not continuous. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards § 4.21, Figs. 35, 36, 37.

iv. None of the benches provided in the locker room are accessible to persons with disabilities. Provide a 24 inch by 48 inch bench fixed to the wall along the bench's longer dimension. Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.35.4, 4.26.3.

c. Women's Locker Room

i. To enter the locker room off the activity room, there are two doors in a series creating a vestibule. Both doors require 10 pounds of force to operate. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

ii. Toilet Stall for Persons with Disabilities

(a) The coat hook is inaccessible. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iii. Shower Stall for Persons with Disabilities

(a) The grab bar is not continuous. Ensure that the shower has grab bars, controls, a shower spray unit, and a seat, curb, and enclosure, if provided, that comply fully with the Standards and with Figs. 35, 36, and 37, as applicable. Standards § 4.21, Figs. 35, 36, 37.

(b) The shower head and hose are missing, rendering the shower unusable. Provide a shower head and hose with mechanical controls, if any, that can be operated with 5 pounds of force or less and that can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards § 4.27.4.

3. Motor Pool Toilet Rooms

a. The bench between the 2 toilet rooms is not accessible. Provide a 24 inch by 48 inch bench fixed to the wall along the bench's longer dimension. Ensure that the bench has sufficient structural strength and is mounted with its surface between 17 inches and 19 inches above the finished floor. Provide clear floor space alongside the bench to allow a person using a wheelchair to make a parallel transfer onto the bench. Standards §§ 4.35.4, 4.26.3.

b. Left Shower and Toilet Room (Single User)

i. Shower

(b) The soap dish is 64 inches above the finished. Provide a soap dish with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

c. Right Shower and Toilet Room (Single User)

i. The toilet centerline is 17 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.

ii. Shower

(b) The soap dish is 64 inches above the finished floor. Provide a soap dish with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair.

B. The City represents that it is constructing a trolley station (4133 LeJeune Road). Within 3 months of the effective date of this Agreement, the City will submit for the Department's review, complete design and construction documentation, including construction drawings, as built drawings, project manuals, addenda, and change orders for the alteration of these toilet rooms. The Department will review the documentation for conformity to the ADA Standards for Accessible Design and will note any deficiencies. Before the facility is opened, the City will ensure that any deficiencies are corrected and that construction is carried out in a way that meets the Department's approval.