ATTACHMENT A
to SETTLEMENT AGREEMENT
BETWEEN UNITED STATES
AND
MANDALAY CORPORATION
Items Identified by the Department of Justice as Not in Compliance with the Americans with Disabilities Act and to be Remedied by Mandalay Corporation
DJ: 202-40-33
The Department of Justice surveyed the Mandalay Bay Casino Resort for compliance with the new construction standards of Title III of the Americans with Disabilities Act (ADA), 28 CFR Part 36, App. A (the “Standards”). The majority of the resort was constructed in 1998, and the THEhotel tower in 2003. Some additional new construction, including the Mix Restaurant and Lounge, occurred in 2004. The Department also received information about the facility separate from the site visits. The Department’s findings set forth below include alleged violations of the ADA Standards as well as alleged violations of the ADA and its regulations concerning maintenance of accessible features; reasonable modification of policies, practices and procedures; barrier removal; and effective communication. For each paragraph, the time frame for Mandalay Corporation to remedy the violation (after the effective date of the Settlement Agreement) appears in parentheses. For compliance purposes, all dimensions are subject to conventional building industry tolerances for field conditions. Standards §3.2.
General Findings
Guest services phones (9 months). Throughout the facility, guest services or “house” phones are
not hearing aid compatible. Standards §4.1.3(17), 4.31.5.
TTY phones (9 months). The Standards require that when four or more public pay telephones are provided at a site, then at least one interior public TTY shall be provided. Standards §4.1.3(17)(c)(i). The resort has one TTY available in the lobby of the Mandalay Bay hotel, and one located at the bank of telephones near the business center in the Four Seasons Hotel. Even though the resort is in compliance with the Standards in this respect, it has voluntarily agreed that, given the size of Mandalay Bay, it will provide additional public TTY’s in other parts of the facility that are far away from these locations, such as the Events Center and Convention Center area and THEhotel. Further, all banks of telephones that do not contain a TTY require directional signage indicating the location of the nearest TTY. Standards §4.30.7(3). Additionally, at some interior banks of telephones that consist of three or more public pay telephones, there is no shelf and outlet in compliance with 4.31.9(2). Standards §4.1.3(17)(d).
Signage. Throughout the facility, signage that designates permanent rooms and spaces does not comply with the Standards. Signage must be mounted on the wall adjacent to the latch side of the door with the centerline mounted at 60" above the finished floor. Signage must have Braille and raised letters. Standards §§4.1.3(16), 4.30.4, 4.30.6.
Counters. Sales and Service Counters – In some locations, sales and service counters do not comply with the Standards. For example, where sales and service counters are provided for the exchange of goods or services for payment, at least one counter at each facility (such as a store) shall have a portion of the counter which is at least 36 inches in length with a maximum height of 36 inches above the finished floor. Standards §7.2(1). Additionally, in some instances where these counters were lowered, they were not maintained as accessible counters as they were covered by product displays or telephones. 28 C.F.R. §36.211(a).
Ticketing and Registration Counters – Some ticketing and registration counters do not comply with the Standards. Standards §7.2(2).
Portable Visual Alarm and Communication Device Kits (9 months). The Mandalay Bay Hotel and THEhotel do not have any portable kits for guests who are deaf or hard of hearing, while the Four Seasons reportedly has eight portable kits for this purpose. Each kit has an auxiliary visual smoke alarm and visual notification devices to alert to a door knock, door bell, or telephone call. However, the kit does not include, and some designated hearing accessible rooms do not have, a visual emergency alarm that connects to the building emergency alarm system and is visible in all areas of the room or space. Standards §4.28.4.
I. Mandalay Bay Hotel and Casino
A. Telephones at Registration Areas/Guest Services opposite Rangoon (bank of two pay telephones with one TTY and one guest services telephone) (9 months)
1. Guest services telephone does not have volume control or signage indicating such. Standards §§4.1.3(17)(b), 4.31.5, 4.30.7(2).
2. The TTY is inoperable. § 36.211(a).
B. Telephones in Lobby (bank of two pay telephones and one guest services telephone) (9 months)
1. The highest operable part of the guest services telephone is higher than 54" for side approach. Standards §§4.1.3(17)(a), 4.31.3.
C. Telephones at Tram Toilet Room Area/Guest Services (bank of two pay telephones and one guest services telephone) (9 months)
1. Guest services telephone does not have volume control or signage indicating such. Standards §§4.1.3(17)(b), 4.31.5, 4.30.7(2).
2. Highest operable part of guest services telephone is higher than 48" for front approach or 54" for side approach. Standards §§4.1.3(17)(a), 4.31.3.
D. Doors in Guest Rooms Not Designated as Accessible (50% 18 months; 50% 60 months)
1. Interior doors to adjoining room and toilet room do not have a minimum clear opening of 32". Standards §§4.13.5, 9.4.
E. Reservations policy (3 months). The web site for Mandalay Bay reservations does not provide any way to reserve an accessible guest room or suite directly over the Internet. If reservations can be made through the website, guests must also be able to reserve accessible guest rooms through the website. 28 CFR §§ 36.201, 36.202
F. Guest Rooms Designated as Accessible in Mandalay Bay Hotel (18 months, except 9 months to equip rooms with hearing impairment features)1
1. Number and Dispersal of Accessible Rooms. Given its reported 3,215 guest rooms (and 3,211 after renovations currently underway), Mandalay Bay Hotel is required to have 43 accessible guest rooms, 33 accessible guest rooms with roll-in showers, and an additional 43 rooms accessible to persons with hearing impairments. Guest rooms required to be accessible are to be dispersed among the various classes of sleeping accommodations available to guests of the hotel. Factors to be considered include room size, cost, amenities provided and the number of beds provided. Standards §9.1.4. There are 50 accessible guest rooms plus 37 additional accessible guest rooms with roll-in showers. However, DOJ contends that they are not adequately dispersed. Additionally, there are 42, rather than 43, guest rooms equipped for persons with hearing impairments. The number and dispersal of guest rooms as set forth in Attachment B-3 comply with the Standards. Both mobility accessible guest rooms and guest rooms with features for people who are deaf or hard of hearing shall be equipped with visual emergency alarms that are connected to the building emergency alarm system and visible in all areas of the room or suite, and accessible electrical outlets within 4 feet of telephone connections to facilitate the use of TTY’s. These rooms shall also be equipped with visual notification devices to alert room occupants of incoming telephone calls and a door knock or bell, and smoke alarm activation, if smoke alarms are provided. The notification devices for a telephone call, door knock or bell, and smoke alarm may be provided from a portable kit. The hotel shall ensure that the kits are regularly maintained and that the hotel staff is trained to assist guests in the installation and use of these devices. Standards §§ 9.1.2, 9.1.3, 9.1.4, 9.2.2(8), 9.3.1, 9.3.2.
2. Guest Room with 2 Queen beds and Roll-in Shower – Room # 31119
a. Bedroom
(1) The drawers of the armoire do not have hardware usable with one hand, without tight grasping, pinching, wristtwisting. Standards §§9.2.2(5), 4.27.4; 28 C.F.R. §§ 36.201, 36.202, 36.304.
(2) Rod and shelf in built-in closet are higher than 48" at a maximum depth of 21" into the closet. Standards §§9.2.2(4), 4.25.3, Fig. 38.
b. Roll-in shower stall in designated accessible bathroom
(1) Fixed shower seat is not a folding type. Standards §§9.2.2(6)(e), 9.1.2, 4.21.3, Fig. 57.
(2) Fixed shower seat is not mounted on wall adjacent to controls. Standards §§9.2.2(6)(e), 9.1.2, 4.21.3, Fig. 57.
(3) A curb or threshold exists at the entrance to the roll-in shower. Standards §§9.2.2(6)(e), 4.21.7.
(4) All controls, faucet, shower head are not on wall adjacent to seat. Standards §§9.2.2(6)(e), 4.21.2, 4.21.3, Fig. 57.
(5) Controls are not on long back wall mounted no more than 27" from the corner and adjacent to the folding seat. Standards §§9.2.2(6)(e), 4.21.2, Fig. 57.
3. Guest Room with 2 Queen beds and Accessible Shower & Tub – Room #31116
a. Bedroom
(1) Rod and shelf in built-in closet are higher than 48" at a maximum depth of 21" into the closet. Standards §§9.2.2(4), 4.25.3, Fig. 38.
(2) Built-in drawers do not have hardware usable with one hand without tight grasping, pinching, or wrist twisting. Standards §§9.2.2(5), 4.27.4.
(3) Built-in cabinets do not have hardware usable with one hand without tight grasping, pinching, or wrist twisting. Standards §§9.2.2(5), 4.27.4.
(4) HVAC thermostat controls are mounted higher than 54" for a side reach. Standards §§ 9.2.2(5), 4.27.3, 4.2.6.
(5) There is insufficient clear floor space at the HVAC thermostat controls. Standards §§ 9.2.2(5), 4.27.2, 4.2.4.
b. Designated accessible bathroom with shower and tub – the toilet centerline is 20", not 18", from side wall. Standards §§9.2.2(6)(e), 4.16.2, Fig. 28.
1 Mandalay Corporation shall consider the alleged violations set forth below as having also been identified for other comparable guest rooms designated as accessible and will confirm that all such guest rooms are in compliance as to these items. Appropriate distinctions apply per Standards §9.2 and §9.3 for mobility accessible and hearing accessible rooms respectively.G. Shops at Mandalay Bay (9 months)
1. Mandalay Bay Store:
a. Dressing Room
(1) Door does not have a 32" clear width opening. Standards §§4.1.3(21), 4.35.3, 4.13.5.
(2) Does not have a fixed bench that is 17-19" high and 24" deep by 48" long. Standards §§4.1.3(21), 4.35.4.
(3) There is not 60" diameter of clear floor space or a T-Shape turning space. Standards §§4.1.3(21), 4.35.2, 4.2.3, Fig. 3.
(4) Coat hook is higher than 48" for forward approach or 54" for side approach. Standards §§4.1.3(21), 4.35.1, 4.25.3.
b. Store Service Counter
(1) The accessible counter is obstructed by displays of merchandise. 28 C.F.R. §36.211.
2. Pearl Moon Boutique: Dressing room
a. Door does not have a 32" clear width opening. Standards §§4.1.3(21), 4.35.3, 4.13.5.
b. There is not 60" diameter of clear floor space or a T-Shape turning space. Standards §§4.1.3(21), 4.35.2, 4.2.3, Fig. 3.
c. Does not have a fixed bench that is 17-19" high and 24" deep by 48" long. Standards §§4.1.3(21), 4.35.4.
d. Coat hook is higher than 48" for forward reach or 54" for side reach. Standards §§4.1.3(21), 4.35.1, 4.25.3.
H. Back of House (9 months)
1. Area for preparing room service orders
a. The sanitizer dispenser is higher than 48" for forward reach or 54" for side reach. Standards §4.27.3.
b. The cashier station for processing payment of room service orders contains 8 employee work stations. As an employee work area, the room is required to be constructed so that individuals with disabilities can approach, enter, and exit the area. Standards §4.1.1(3).
2. Payroll and Benefits Office. The forms mounted in racks on the wall are higher than 48" for forward reach or 54" for side reach. Standards §4.27.3.
3. Women’s Changing Room with 10 toilet stalls
a. Room signage is not mounted on the wall adjacent to the latch side of the door, at 60" to the centerline, and has no Braille or raised lettering. Standards §§4.1.3(16)(a), 4.30.6, 4.30.4.
b. Hot water and drain pipes under the lavatory across from the toilets are not covered or configured to protect against contact. Standards §4.19.4.
c. Designated Accessible Stall
(1) Toilet paper dispenser measured from the rear wall is not 36" or less. Standards §4.17.3, Fig. 30(d).
(2) Toilet paper dispenser is not mounted below the grab bar and at a minimum 19" from the floor to the center of the paper roll. Standards §4.17.3, Fig. 30(d).
d. Ambulatory Stall with Parallel Grab Bars
(1) Toilet paper dispenser is not mounted below the grab bar and at a minimum of 19" from the floor to the center of the paper roll. Standards §4.22.4, 4.16.6, Fig. 29(b).
(2) Stall partitions are not 36" apart. Standards §4.22.4.
e. Roll-in shower stall
(1) The Standards require grab bars along the three walls of the roll-in shower stall. The shower stall is lacking a grab bar along one wall. Standards §4.21.4, Fig. 37(b), Fig. 35(b). 6
(2) Distance between grab bar and wall is not 1½”. Standards §4.26.2.
f. Dressing Area. No bench is provided within the dressing room. Standards §§4.1.3(21), 4.35.4.
4. Men’s Changing Room. Room signage is not mounted at 60" to the centerline and has no Braille or raised lettering. Standards §§4.1.3(16)(a), 4.30.6, 4.30.4.
5. Employee Dining Area
a. Of 15 fixed booths, none is accessible. At least 1 must be accessible. Standards §5.1.
b. At the fixed booths, there is not a clear floor space of 30" by 48" minimum available for a wheelchair. Standards §§5.1, 4.32.2.
c. The television and signs near the cafeteria exit protrude into the accessible route. Standards §§4.4.1, 4.4.2.
d. The door to the hallway requires more than 5 lbf. of pressure to open. Standards §4.13.11.
6. Telephones in Employee Dining Area (bank of six pay telephones and three house telephones)
a. The pay telephones lack volume control. Standards §§4.1.3(17)(b), 4.31.5.
b. The highest operable part of the house and pay telephones is greater than 54" for side approach. Standards §4.31.3.
7. Bank of Telephones at Human Resources (bank of four pay telephones and four house telephones). The pay telephones lack volume control. Standards §§4.1.3(17)(b), 4.31.5.
8. Elevators Used for Room Service. Handle on the door to emergency communications system does not operate without tight grasping, pinching, etc. Standards §§4.10.14, 4.27.4.
I. Mandalay Bay Spa (9 months)
1. The ice dispenser control is higher than 48" for forward reach or 54" for side reach. Standards §§4.27.3, 4.2.
2. The door entering the spa requires more than 5 lbf. to open. Standards §4.13.11.
3. No accessible lockers are provided with hooks and rods within the allowable reach ranges. Standards §4.25.3. Mandalay Corporation may comply with this requirement by making at least 3% of its lockers compliant.
4. Spa Retail Store. The sales counter with cash register does not have a portion at least 36" in length with a maximum height of 36". Standards §7.2(1).
5. Women’s Dressing/Makeup Room with Lavatories
a. There is not 27" of knee clearance height under the lavatory at a distance of 8" back from the edge of the lavatory. Standards §4.19.2, Fig. 31.
6. Women’s Toilet Room with 6 Stalls
a. Lavatory
(1) There is not 27" of knee clearance height under the lavatory at a distance of 8" back from the edge of the lavatory. Standards §4.19.2, Fig. 31.
(2) Bottom edge of apron is not 29" or higher. Standards §4.19.2.
b. Designated Accessible Stall
(1) Coat hook is higher than 54" for side reach. Standards §4.25.3, 4.2.6.
c. Ambulatory Stall
(1) Door is inward swinging and not self-closing. Standards §4.22.4.
7. Women’s Transfer Shower
a. Shower is not exactly 36" by 36". Standards §4.21.2.
b. Clear floor space outside shower that extends at least 12" beyond the transfer seat is not provided. Standards §§4.21.2, Fig. 35(a).
c. Fixed shower seat is not a folding type. Standards §4.21.3.
d. Fixed shower seat is not mounted on wall adjacent to controls. Standards §4.21.3, Fig. 57.
e. Fixed shower seat height is higher than 17"-19". Standards §4.21.3.
f. The Standards require grab bars along the three walls of the roll-in shower stall. The shower stall is lacking a grab bar along one wall. Standards §4.21.4, Fig. 37(b), Fig. 35(b).
g. Controls, faucet, and shower unit are not on long back wall mounted no more than 27" from the corner and adjacent to the folding seat. Standards §4.21.5, 4.21.3, Fig. 37, Fig. 57.
h. Shampoo dispenser is higher than the 38" to 48" allowed. Standards §4.21.5, Fig. 37.
i. Hardware on the stall door requires tight pinching or grasping. Standards §4.27.4.
j. The bath mat (which is moveable) creates a threshold to the stall. The mat must be removed to maintain access to the shower. 28 C.F.R. § 36.211.
8. Women’s Locker Room
a. Bench is not 24" wide and attached to the wall. Standards §§4.1.3(21), 4.35.4.
J. Shark Reef at Mandalay Bay (9 months)
1. Telephones outside Shark Reef have no volume control. Standards §§4.1.3(17)(b), 4.31.5.
2. Signage for toilet rooms is not on the wall adjacent to the latch side of the door. Standards §§4.1.3(16)(a), 4.30.6.
3. Interior toilet room door requires more than 5 lbf. to open. Standards §4.13.11.
4. The photo pickup counter (operated by a subcontractor) does not have a portion at least 36" in length with a maximum height of 36", or an auxiliary counter with a maximum height of 36" provided close to the main counter. Mandalay Corporation may comply with this requirement by providing equivalent facilitation. Standards §7.2(2).
5. The sales and service counter on which the photo video screens are mounted does not have a portion at least 36" in length with a maximum height of 36", or an auxiliary counter with a maximum height of 36" provided close to the main counter. Mandalay Corporation may comply with this requirement by providing equivalent facilitation. Standards §7.2(2).
6. The floor mounted handrails at several locations throughout the Shark Reef provide a clear space between the adjacent wall and the handrails of more than 1½". Standards §4.8.5(3). A second rail may be added to remedy the gap.
7. Women’s Toilet Room. The toilet in the ambulatory stall is mounted at 15", not 17-19", above the finished floor. Standards §4.16.3.
K. Elevator to Mandalay Bay Hotel Levels 2-17 (9 months)
1. Hall call buttons are not centered at 42". Standards §4.10.3.
2. The elevator car position indicator is not audible. Standards §4.10.13.
3. Main entry floor call button is not designated by a raised star. Standards §4.10.12(2), Fig. 23(a).
4. Door to emergency call system cannot be opened without tight grasping or pinching. Standards §§4.10.14, 4.27.4.
5. Emergency communications system does not work without voice communication. Standards §§4.10.14.
L. Elevators to Mandalay Bay Hotel – Other Levels (9 months)
1. The elevator car position indicator is not audible at each floor. Standards §4.10.13.
2. Main entry floor call button is not designated by a raised star. Standards §4.10.12(2), Fig. 23(a).
3. Door to emergency call system cannot be opened without tight grasping or pinching. Standards §§4.10.14, 4.27.4.
4. Emergency communications system does not work without voice communication. Standards §§4.10.14.
II. Casino (9 months)
A. Main Ticket and Coin Redemption counter. There is no portion at least 36" in length with a maximum height of 36", or an auxiliary counter with a maximum height of 36" provided close to the main counter. Mandalay Corporation may comply with this requirement by providing equivalent facilitation. Standards §7.2(2).
B. Tram Station Ticket and Coin Redemption counter. There is no portion at least 36" in length with a maximum height of 36", or an auxiliary counter with a maximum height of 36" provided close to the main counter. Mandalay Corporation may comply with this requirement by providing equivalent facilitation. Standards §7.2(2).
C. Racing and Sports Gaming Area – Handrails
1. The floor mounted handrails on the ramp leading to this area provide a clear space between the adjacent wall and the handrails of more than 1½". Standards §4.8.5(3)
2. The handrail width is greater than 1½". Standards §§4.8.5, 4.26.2.
III. Mandalay Bay Theatre (18 months)
A. Lobby Bar
1. The bar, used mainly for pickup service, does not have a lowered portion at least 60" in length, with a counter top 28-34" high. Standards §5.2.
B. Ramp Outside Emergency Exit for Mandalay Bay Theatre
1. The slope of the steeper portion of ramp is in excess of the 1:12 requirement. Standards §4.8.2.
C. Ramp leading from theater lobby to the theater entry doors
1. The slope of the ramp segment going up from the lobby is in excess of the 1:12 requirement. Standards §4.8.2.
D. Drinking Fountains at Mandalay Bay Theatre
1. Accessible unit does not have at least 27" knee space height. Standards §4.15.5(1).
E. Mandalay Bay Theatre (Stadium-style Theater)
1. Interior door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. The theater has 1743 seats and provides locations to accommodate 14 persons who use wheelchairs. The theater is required to have locations to accommodate 19 persons who use wheelchairs and 19 companion seats. Standards §4.1.3(19). The accessible seating plan shown in Attachment C-1 will satisfy these requirements.
3. The companion seats to the wheelchair seating locations are not fixed. Standards §4.33.3.
4. There are no fixed aisle seats provided with either a removable or folding armrest on the aisle side, or aisle seats with no armrest on the aisle side. Standards §4.1.3(19)(a).
5. There are only 20 portable assistive listening devices, rather than the 70 (4%) required given the reported seating capacity of 1743. Standards §4.1.3(19)(b). Mandalay Bay shall either maintain the required 70 receivers, or it shall, while this agreement is in effect, maintain a minimum of 35 (2%) receivers on-hand, monitor customer usage, and purchase additional receivers as needed in order to meet the actual demand. If the Mandalay Bay utilizes this alternative option, it shall document all requests for assistive listening devices so that it can monitor demand. Mandalay Corporation shall include this documentation and inform the United States in writing, as part of its annual report required under Paragraph 23 of the Settlement Agreement, of any additional receivers it purchased, and the number of requests it received.
F. Women’s Toilet Room with 8 stalls – Lobby
1. No ambulatory stall is provided. Standards §4.22.4.
2. The panel with ridges limits the distance between the grab bar and the wall to 1" in the designated accessible stall. Standards § 4.26.2.
G. Star Dressing Rooms. At least one of the unisex star dressing rooms must be accessible. Mandalay Corporation will make star dressing room #2 accessible. Standards §§4.1.3(21), 4.35.
1. Star Dressing Room #2 (Accessible Dressing Room)
a. Door into the partitioned area of the dressing room has a handle that requires tight pinching or grasping. Standards §4.13.9.
b. Single user toilet room has a toilet paper dispenser that is not mounted below the grab bar and at a minimum of 19" high to the center of the paper roll. Standards §4.16.6, Fig. 29.
c. Flush control in the accessible stall is neither automatic nor on the open side. Standards §§4.16.2, 4.16.5.
H. Chorus Dressing Rooms. At least one of the unisex chorus dressing rooms must be accessible. Mandalay Corporation will make chorus dressing room #2 accessible and modify chorus dressing room #1 as shown below. Standards §§4.1.3(21), 4.35.
1. Chorus Dressing Room #1.
a. Toilet Room with Stalls. Toilet paper dispenser in accessible stall is not mounted below the grab bar and at a minimum of 19" high to the center of the paper roll. Standards §4.17.3, Fig. 29.
2. Chorus Dressing Room #2 (Accessible Dressing Room)
a. None of the makeup stations has knee clearance at least 27" high. Standards §§4.1.3(18), 4.32.3.
b. The shelf height is greater than 48" for forward reach or 54" for side reach. Standards §§4.1.3(12), 4.25.3.
c. There is no bench. Standards §§4.1.3(21), 4.35.4.
d. The clothes rod height is greater than 48" for forward reach or 54" for side reach. Standards §§4.1.3(12), 4.25.3.
e. The control on the intercom/speaker for cuing the performers is higher than 48" for forward reach or 54" for side reach. Standards §4.27.3.
f. The coin slot height on the single telephone outside the dressing room exceeds 48" for forward reach. Standards §§4.1.3(17)(a), 4.31.3.
g. In the accessible toilet stall, the toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.17.3, Fig. 29.
IV. Restaurants, Lounges and Bars (18 months)
A. Raffles Men’s Toilet room with Stalls
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Bottom of reflecting surface of mirror in bathroom is higher than 40". Standards §4.19.6.
3. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4.
4. No lowered urinal with rim height 17" or lower. Standards §§4.22.5, 4.18.2.
B. Raffles Women’s Toilet room with Stalls
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Bottom of reflecting surface of mirror in bathroom is higher than 40". Standards §4.19.6.
3. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4.
C. House of Blues Restaurant Men’s Toilet room with Stalls
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Bottom of reflecting surface of mirror in bathroom higher than 40". Standards §4.19.6.
3. Toilet centerline in accessible stall is not 18" measured from wall. Standards §4.17.3, Fig. 28.
4. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4.
D. House of Blues Restaurant Women’s Toilet room with Stalls
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Bottom of reflecting surface of mirror in bathroom is higher than 40". Standards §4.19.6.
3. Partitions in ambulatory stall are not exactly 36" apart. Standards §4.22.4.
4. The operating mechanism for the baby changing table, mounted at 66" above a fixed counter, is higher than permitted for a forward reach over an obstruction. Standards §4.2.5, Fig. 5(b).
E. House of Blues Restaurant Ramp
1. Handrail extensions are not at least 12" at top and bottom and parallel with ground surface. Standards §4.8.5.
F. House of Blues Restaurant Stage
1. There is no accessible route connecting wheelchair seating locations to the karaoke stage. Standards §4.33.5. A platform lift may be used to provide access. Standards §4.1.3(5) Exception 4(a).
G. Rum Jungle Lounge
1. None of the fixed booths is accessible (at least 1 is required) because there is not clear floor space of 30" by 48" available for a wheelchair nor knee space at least 27" high. Standards §§5.1, 4.32, 4.2.4.1.
H. Rum Jungle Men’s Toilet room with Stalls
1. Bottom of reflecting surface of mirror in bathroom is higher than 40". Standards §4.19.6.
2. Flush control is neither automatic nor on the open side. Standards §§ 4.17.2, 4.16.5.
I. Rum Jungle Women’s Toilet room with Stalls
1. Bottom of reflecting surface of mirror in bathroom is higher than 40". Standards §4.19.6.
2. Flush control is neither automatic nor on the open side. Standards §§ 4.17.2, 4.16.5.
J. Red Square
1. None of the fixed booths is accessible (at least 1 is required) because there is not clear floor space of 30" by 48" available for a wheelchair nor knee space at least 27" high. Standards §§5.1, 4.32.2, 4.2.4.1, 4.32.3.
K. Shanghai Lilly Restaurant Ramp
1. Ramp does not have adequate edge protection. Standards §4.8.7.
2. Handrails are present on only one side of the ramp (outside). Standards §4.8.5.
L. Orchid Lounge
1. There is no directional signage indicating closest accessible entrance at the stairs entrance to the lounge, nor a sign at the ramp indicating that it is an accessible entrance. Standards §4.1.3(16)(b).
2. No access is provided to the raised platform used by performers. Standards §§4.8, 4.11.
M. Mix Lounge
1. The raised area above the bar is reachable only by stairs. Standards §5.4.
2. The undersides of the stair nosings are abrupt and project more than 1½". Standards §4.9.3, Fig. 18.
3. There is no accessible fixed seating on the outside deck. Standards §5.1
4. The designated accessible stalls in both the Men’s and Women’s toilet rooms do not have the required clear floor space at fixtures. Standards § 4.17.3.
N. Mix Restaurant
1. There is a raised area above the main dining room level that is reachable only by stairs. Standards §5.4.
2. The undersides of the stair nosings are abrupt and project more than 1½". Standards §4.9.3, Fig. 18.
3. None of the fixed booths is accessible (at least 1 is required) because there is not clear floor space of 30" by 48" available for a wheelchair nor knee space at least 27" high. Standards §§5.1, 4.32, 4.2.4.1.
V. Mandalay Beach (9 months)
A. Accessible Route
1. There is no directional signage indicating the closest accessible route from the hostess station (near the stairs on the left) to and through the pool area. Standards §4.1.2(7)(c).
B. Wave Pool Area: Outside Shower (Roll-in Shower Stall)
1. No grab bars are provided. §4.21.4, Figs. 35, 37(b).
C. VIP Area: Outside Shower (Transfer Shower Stall)
1. Dimensions of stall, at 46" x 48", are not 36" by 36". §4.21.2, Fig. 35(a).
D. VIP Area: Women’s Toilet Room
1. Flush control is neither automatic nor on the open side. Standards §§4.17.2, 4.16.5.
2. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4
E. Ramp Access to Wave Pool
1. Handrail extensions are not at least 12" at top and bottom and parallel with ground surface. Standards §4.8.5.
2. There is no signage to direct persons with disabilities to the accessible route around the wave pool. The alternate route is a noncompliant ramp with a surface which is not slip resistant. This alternate route poses a hazard to persons with mobility impairments. Standards §4.1.2(7).
3. The cross slope of the ramp leading to the wave pool exceeds 1:50. Provide an accessible route or directional signage to the accessible route. Standards §4.3.7.
VI. Mandalay Bay Wedding Chapel (9 months)
A. Bride’s Dressing Room with Single-User Toilet Room – Right side.
1. Signage not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
2. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
3. Dressing area coat hook height is greater than 48" for front approach or 54" for side approach. Standards §§4.1.3(21), 4.35.1, 4.25.3.
4. No fixed bench is provided in the dressing room. Standards §4.35.4.
B. Groom’s Dressing Room with Single-User Toilet Room – Right side.
1. Signage not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
2. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
3. Dressing area coat hook height is greater than 48" for front approach or 54" for side approach. Standards §§4.1.3(12), 4.25.3.
4. No fixed bench is provided in the dressing room. Standards §4.35.4.
5. The operating mechanism for the paper towel dispenser is not mounted within reach range. Standards §§4.27.3, 4.2.5, 4.2.6, Fig. 5(a), Fig. 6(a).
C. Wedding Chapel – Right Side
1. No assistive listening system is provided. Standards §4.1.3(19)(b).
VII. House of Blues Theater (18 months)
A. 1st Level Bar Area – None of the three bars, mainly used for pickup service, provides a portion of the main counter 60" in length and 28-34" above the finished floor. Standards §§5.2, 4.32(3), 4.32.(4).
B. Lower Level Women’s Toilet Rooms with Stalls
1. Signage is not mounted on the wall adjacent to the latch side of the door, at 60" high to the centerline, and does not have Braille and raised characters. Standards §§4.1.3(16)(a), 4.30.6, 4.30.4.
2. Bottom of reflecting surface of mirror in bathroom is higher than 40". Standards §4.19.6.
3. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4.
4. Toilet centerline in designated accessible stall is not 18" measured from the side wall. Standards §4.17.3, Fig. 28.
5. Coat hook height in designated accessible stall is greater than 54" for side reach. Standards §4.25.3.
C. Lower Level Men’s Toilet Rooms with Stalls
1. Signage is not mounted on the wall adjacent to the latch side of the door, at 60" high to the centerline, and does not have Braille and raised characters. Standards §§4.1.3(16)(a), 4.30.6, 4.30.4.
2. Bottom of reflecting surface of mirror in bathroom is higher than 40". Standards §4.19.6.
3. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4.
4. Coat hook height in designated accessible stall is greater than 54" for side reach. Standards §4.25.3.
D. Second Floor Men’s Toilet Rooms with Stalls
1. Bottom of reflecting surface of mirror in bathroom higher than 40". Standards §4.19.6.
2. Coat hook height in designated accessible stall is greater than 54" for side reach. Standards §4.25.3.
E. Second Floor Women’s Toilet Rooms with Stalls
1. Bottom of reflecting surface of mirror in bathroom is higher than 40". Standards §4.19.6.
2. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4.
3. Coat hook height in designated accessible stall is greater than 54" for side reach. Standards §4.25.3.
4. The path of travel into the toilet room space is obstructed because the space between the two doors in series is less than 48" plus the width of the door. Standards §4.13.7, Fig. 26.
F. Green Room Dressing Rooms #1, 2, and 3. At least one of the Green Room dressing rooms must be accessible. Standards §§4.1.3(21), 4.35. Mandalay Corporation will make Green Room #2 accessible and modify the others as indicated below.
1. Green Room #1
a. The permanent room sign is not mounted on the wall adjacent to the latch side of the door. Standards §§4.1.3(16)(a), 4.30.6.
b. Adequate space on the push side of the door is not provided. Standards §4.13.6, Fig. 25.
2. Green Room #2 (Accessible Green Room)
a. The permanent room sign is not mounted on the wall adjacent to the latch side of the door. Standards §§4.1.3(16)(a), 4.30.6.
b. No bench is provided within the dressing room. Standards §§4.1.3(21), 4.35.4.
c. Adequate clear floor space (60" diameter or T-shape) is not provided. Standards §§4.1.3(21), 4.35.2, 4.2.3, Fig. 3.
d. Bottom edge of lavatory apron is not at least 29" high. Standards §4.19.2.
e. There is not 27" of knee clearance height under the lavatory at a distance of 8" back from the edge of the lavatory. Standards §4.19.2., Fig. 31.
f. Toilet centerline is not 18" measured from the side wall. Standards §4.17.3, Fig. 28.
g. Access to the grab bars at the toilet is obstructed. Standards §4.26.2.
3. Green Room #3
a. The permanent room sign is not mounted on the wall adjacent to the latch side of the door. Standards §§4.1.3(16)(a), 4.30.6.
b. Door requires more than 5 lbf. to open. Standards §4.13.11.
c. The door knob (with cipher lock) requires tight grasping, pinching and wrist twisting. Standards §4.27.4.
G. Theater
1. Based on a reported total seating capacity of 504 for the theater, including the various levels, bars, and OBA Lounge, 7 wheelchair locations and 7 fixed companion seats are required. Only 5 wheelchair locations and no fixed companion seats are provided. Standards §4.1.3(19).
2. Wheelchair seating is not dispersed throughout the theater, including the OBA Lounge. Standards §§4.1.3(19), 4.33.3(a). The accessible seating plan shown in Attachment C-2 will satisfy these requirements.
3. There are no fixed aisle seats provided with either removable or folding armrests on the aisle side, or aisle seats with no armrest on the aisle side. Standards §4.1.3(19)(a).
4. No assistive listening system is provided. A permanently installed assistive listening system complying with Standards §4.33 is required. Standards §4.1.3(19)(b).
VIII. House of Blues Foundation Room (3 months) – Various stored materials reduce the minimum 36" width required at the designated accessible route (including the ramp to raised areas with the big screen television.) Standards §4.3.3, 28 C.F.R. §36.211(a).
IX. Convention Centers: South, Bayside, Main (9 months)
A. South Convention Center, Bayside Exhibit Hall A First Floor Telephones (bank of 4 telephones and 3 house telephones)
1. The guest services telephone has no volume control. Standards §§4.1.3(17)(b), 4.31.5.
B. Exhibit Hall A First Floor Water Fountains
1. Drinking fountain does not provide 17-19" knee space depth. §4.15.5(1).
C. Exhibit Hall C First Floor Water Fountains
1. Drinking fountain does not provide 17-19" knee space depth. §4.15.5(1).
D. Exhibit Hall D First Floor Water Fountains
1. Drinking fountain does not provide 17-19" knee space depth. §4.15.5(1).
E. Bayside A West Men’s Toilet Room with Stalls
1. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4.
F. Bayside C Women’s Toilet Room with Stalls
1. Signage not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6
2. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4.
G. Bayside C Men’s Toilet Room with Stalls
1. Signage not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6
H. Bayside C Unisex Toilet Room
1. Signage not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6
2. Door requires more than 5 lbf. to open. Standards §4.13.11.
3. Flush control is neither automatic nor on the open side. Standards §§ 4.17.2, 4.16.5.
4. Toilet tissue dispenser is not mounted within the required reach ranges. Standards §4.16.6, Fig. 29(b).
I. Bayside D Men’s Toilet Room with Stalls
1. In designated accessible stall, toilet paper dispenser measured from the rear wall is not 36" or less. Standards §4.17.3, Fig. 30(d).
J. Bayside D Women’s Toilet Room with Stalls
1. In designated accessible stall, toilet paper dispenser measured from the rear wall is not 36" or less. Standards §4.17.3, Fig. 30(d).
K. Second Floor: Main Convention Center Telephones at Registration (bank of 3 telephones and 3 house telephones)
1. Guest services telephone has no volume control. Standards §§4.1.3(17)(b), 4.31.5.
L. Second Floor Registration Area Men’s Toilet Room with Stalls
1. Signage not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.
M. Second Floor Registration Area Women’s Toilet Room with Stalls
1. Signage not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
N. Second Floor: Water Fountains at Registration Area and Shorelines Ballroom
1. Drinking fountains do not provide 17-19" knee space depth. §4.15.5(1).
O. Second Floor: Hall D Single-User Toilet Room
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Toilet centerline is not 18" measured from the side wall. Standards §4.17.3, Fig. 28.
P. Second Floor: Bayside Main Lobby Single-User Toilet Room
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Signage is not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
3. Room is configured so door swings into required clear floor space for lavatory. Standards §§4.22.2, 4.2.3.
4. Bottom of reflecting surface of mirror in bathroom higher than 40". Standards §4.19.6.
5. Toilet flush control is neither automatic nor on the wide side. Standards §4.16.5.
Q. Second Floor: Ballroom Lobby Single-User Toilet Room
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
R. Third Floor Single-User Toilet Room
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
S. Islander Ballroom Men’s Toilet Room with Stalls
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Signage is not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
T. Islander Ballroom Women’s Toilet Room with Stalls
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Signage is not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
U. South Pacific Ballroom Men’s Toilet Room
1. Signage is not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
2. The door to the ambulatory stall is not self-closing. Standards §§4.23.4.
V. South Pacific Ballroom Women’s Toilet Room
1. Signage is not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
W. Assembly Areas
1. No assistive listening system is provided. Standards §4.1.3(19)(b).
X. Events Center (18 months)
A. Entrance
1. The floor mounted handrails along the walkway leading to the Events Center entrance (near the future Starbucks) provide a distance between the handrail and the adjacent wall that is not 1½". Standards §4.8.5(3).
2. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
B. Wedding Photo and Video Sale Office
1. Operation of the cover to the drop slot in the door requires tight grasping. Standards §4.27.4.
C. Route from Hotel Restaurants to Convention Center and Events Center
1. Large, half-round, ornamental molding along the walls and columns, extending as much as 7" in some locations, is a protruding object. Standards §4.4.1.
D. Assembly Area – Stadium Style (24 months)
1. The reported 12,000 seat (maximum) capacity of the Events Center requires locations to accommodate 121 persons who use wheelchairs and 121 fixed companion seats. Wheelchair seating locations must be dispersed so that people with physical disabilities have a choice of admission prices and lines of sight comparable to those for members of the general public. The stadium currently provides locations to accommodate 58 individuals in wheelchairs, all on the same level, and no fixed companion seats. For each configuration, the resort must provide locations to accommodate the required number of persons who use wheelchairs, based on the total number of seats for that configuration, and disperse them throughout the facility including, when appropriate to the nature of an event, the floor, as illustrated in Attachments C-3 through C- 6, which shall constitute compliance with these requirements. Standards §§4.1.3(19)(a), 4.33.3, 28 C.F.R. §§ 36.211(a).
2. The companion seats for the wheelchair seating locations are not fixed. Standards § 4.33.3.
3. (18 months) The Events Center has only 50 portable assistive listening devices, rather than the 480 assistive listening devices it is required to have given its reported seating capacity of 12,000. Standards §4.1.3(19)(b). Mandalay Bay shall either maintain the required 480 assistive listening receivers, or it shall, while this agreement is in effect, maintain a minimum of 240 (2%) receivers on-hand, monitor customer usage, and purchase additional receivers as needed in order to meet the actual demand. If it utilizes this alternative, Mandalay Bay shall document all requests for assistive listening devices so that it can monitor demand. Mandalay Corporation shall include this documentation and inform the United States in writing, as part of its annual report required under Paragraph 23 of the Settlement Agreement, of any additional receivers it purchased, and the number of requests it received.
E. Women’s Toilet Room with Stalls at Entrance
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Signage is needed at the inaccessible entrance indicating the accessible route to the toilet room. Standards §4.1.3(16)(a)(c).
F. Men’s Toilet Room with Stalls at Entrance
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Door in ambulatory stall is not an outward swinging, self-closing door. Standards §4.22.4.
3. Toilet seat height in ambulatory stall is not 17"-19". Standards §4.22.4, 4.16.3.
4. Coat hook height in designated accessible stall is greater than 54" for side reach". Standards §4.25.3.
G. Basement Women’s Toilet Room with Stalls
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4.
3. Toilet paper dispenser in designated accessible stall is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.17.3, Fig. 29.
4. Toilet paper dispenser in designated accessible stall measured from the rear wall is not 36" or less. Standards §4.17.3, Fig. 30(d).
H. Telephones at Events Center 224-124 (Bank of 3 pay telephones and 3 house telephones)
1. Pay telephone does not have volume control. Standards §§4.1.3(17)(b), 4.31.5.
I. Stadium Sections 226-126 Women’s Toilet Room with Stalls
1. Toilet seat height in ambulatory stall is not 17"-19". Standards §§4.22.4, 4.16.3.
2. Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.17.3, Fig. 29.
J. Stadium Sections 223-123 Women’s Toilet Room with Stalls
1. Toilet seat height in ambulatory stall is not 17"-19". Standards §§4.22.4, 4.16.3.
K. Suites - North and South Women’s Toilet Room with Stalls
1. Signage is not mounted on the wall adjacent to the latch side of the door. Standards §§4.1.3(16)(a), 4.30.6.
2. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
3. Toilet paper dispenser in designated accessible stall measured from the rear wall is not 36" or less. Standards §4.17.3, Fig. 30(d).
L. Suites - North and South Men’s Toilet Room with Stalls
1. Signage is not mounted on the wall adjacent to the latch side of the door. Standards §§4.1.3(16)(a), 4.30.6.
2. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
M. Stadium Sections 201-101 Single-User Toilet Room
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.16.6, Fig. 29.
N. Stadium Sections 220-120 Single-User Toilet Room
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.16.6, Fig. 29.
O. West – Press Level Single-User Toilet Room
1. Coat hook is higher than 48" for front approach or 54" for side approach. Standards §4.25.3.
2. There is not 27" of knee clearance height under the lavatory at a distance of 8" back from the edge of the lavatory. Standards §4.19.2, Fig. 31.
3. Toilet seat cover dispenser is higher than 48" allowable for forward reach. Standards §4.27.3.
4. Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.16.6, Fig. 29.
P. East – Press Level Single-User Toilet Room
1. Bottom edge of lavatory apron is not at least 29" high. Standards §4.19.2.
2. There is not 27" of knee clearance height under the lavatory at a distance of 8" back from the edge of the lavatory, nor is there adequate toe clearance. Standards §4.19.2, Fig. 31.
3. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4.
4. Toilet seat cover dispenser and the soap dispenser are higher than 48" allowable for forward reach. Standards §4.27.3.
5. Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.16.6, Fig. 29.
Q. South - Suites 1-8 Single-User Toilet Room
1. Hardware on door is not usable with one hand without tight grasping, pinching, or wrist twisting. Standards §4.13.9.
2. Door swings into clear floor space in front of the lavatory. Standards §§4.22.2, 4.2.3.
3. Toilet seat cover dispenser is higher than 48" allowable for forward reach. Standards §4.27.3.
4. Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.16.6, Fig. 29.
R. Box Suites A-D Single-User Toilet Room
1. Toilet seat cover dispenser is higher than 48" allowable for forward reach. Standards §4.27.3.
2. Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.16.6, Fig. 29.
S. Green Room Single-User Toilet Room and Dressing Area (VIP Lounge for Performers/Guests)
1. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
2. Bottom of reflecting surface of mirror in bathroom higher than 40". Standards §4.19.6.
3. Hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4. 21
4. There is not 27" of knee clearance height under the lavatory at a distance of 8" back from the edge of the lavatory. Standards §4.19.2, Fig. 31.
5. Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.16.6, Fig. 29.
6. Transfer Shower Stall: One dimension of stall is 38 ½", rather than 36". Standards §§4.1.3(21), 4.21.2, Fig. 35(a).
T. Star Dressing Rooms. At least one of the following shall be accessible. Standards §§4.1.3(21), 4.35. Mandalay Corporation will make Star Dressing Room #2 accessible and modify the other star dressing rooms as shown below.
1. Star Dressing Room #1 with Single-User Toilet Room
a. Toilet
(1) Distance of farther end of side grab bar to rear wall is not at least 54". Standards §4.16.4, Fig. 29.
(2) Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.16.6, Fig. 29.
2. Star Dressing Room #2 with Single-User Toilet Room (Accessible Dressing Room)
a. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
b. No fixed, wall mounted bench is provided. Standards §§4.1.3(21), 4.35.4.
c. Toilet.
(1) Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.16.6, Fig. 29.
d. Transfer Shower Stall
(1) Clear floor space outside shower that extends at least 12" beyond the transfer seat is not provided. Standards §§4.21.2, Fig. 35(a).
U. Locker rooms. At least one of the following locker rooms shall be accessible. Standards §§4.1.3(21), 4.35. Mandalay Corporation will make locker room #5 accessible and address the other locker rooms as shown below.
1. Locker Room #3
a. Door requires more than 5 lbf. pressure to open. Standards §4.13.11
b. Towel dispenser is a protruding object. Standards §4.4.1
c. Designated accessible stall
(1) Toilet paper dispenser in designated accessible stall is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.17.3, Fig. 29
(2) Toilet paper dispenser in designated accessible stall measured from the rear wall is not 36" or less.§4.17.3, Fig. 30(d)
2. Locker Room #4
a. Towel dispenser is a protruding object. Standards §4.4.1.
b. Designated accessible stall
(1) Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.17.3, Fig. 29.
(2) Toilet paper dispenser measured from the rear wall is not 36" or less. Standards §4.17.3, Fig. 30(d).
3. Locker Room 5 on South Side Events Level, with Single-User Toilet Room (Accessible Locker Room).
a. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
b. Bench is not 24" wide. Standards §§4.1.3(21), 4.35.4.
c. Toilet
(1) Toilet paper dispenser is not mounted below the grab bar at least 19" from the floor to the center of the paper roll. Standards §4.16.6, Fig. 29.
d. Transfer Shower Stall
(1) Dimensions of stall, at 38" x 36", are not exactly 36"x36". Standards §§4.21.2, Fig. 35(a).
4. Locker Room 6
a. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
V. Elevator to Press Box
1. Door to emergency communication system does not operate without tight grasping, pinching, etc. Standards §§4.10.14, 4.27.4.
2. Emergency communications system does not work without voice communication. Standards §§4.10.14.
W. Drinking Fountains in Basement Near Club Room E
1. Drinking fountain does not provide 27" high knee space. §4.15.5(1).
XI. THEhotel
A. Guest Suites Designated as Accessible 2 (42 months, except 9 months to equip rooms with hearing impairment features)
1. Number and Dispersal of Accessible Rooms. Given its reported 1117 guest rooms, THEhotel is required to have 22 accessible rooms, 12 accessible rooms with roll-in showers, and 22 additional rooms accessible for individuals with hearing impairments. Guest rooms required to be accessible are to be dispersed among the various classes of sleeping accommodations available to guests of THEhotel. Factors to be considered include room size, cost, amenities provided (e.g., smoking and nonsmoking rooms, suites, views, connecting rooms), and the number of beds provided. THEhotel reportedly has 22 accessible rooms and 12 accessible rooms with roll-in showers, but they are not adequately dispersed, and has only 12 rooms accessible for individuals with hearing impairments. The number and dispersal of guest rooms as set forth in Attachment B-1 comply with the Standards. Both mobility accessible guest rooms and guest rooms with features for people who are deaf or hard of hearing shall be equipped with visual emergency alarms that are connected to the building emergency alarm system and visible in all areas of the room or suite, and accessible electrical outlets within 4 feet of telephone connections to facilitate the use of TTY’s. These rooms shall also be equipped with visual notification devices to alert room occupants of incoming telephone calls and a door knock or bell, and smoke alarm activation, if smoke alarms are provided. The notification devices for a telephone call, door knock or bell, and smoke alarm may be provided from a portable kit. The hotel shall ensure that the kits are regularly maintained and that the hotel staff is trained to assist guests in the installation and use of these devices. Standards §§ 9.2.2(8), 9.3.1, 9.3.2. None of the Penthouse Suites is accessible or has a roll-in shower. Standards §§9.1.2, 9.1.3, 9.1.4, 9.2.2(8), 9.3.1, 9.3.2.
2 Mandalay Corporation shall consider the alleged violations set forth below as having also been identified for other comparable guest rooms designated as accessible and will confirm that all such guest rooms are in compliance as to these items. Appropriate distinctions apply per Standards §9.2 and §9.3 for mobility accessible and hearing accessible rooms respectively.2. Room 26903 – Guest Room for Persons who have Hearing Impairments
a. Signage for room is mounted lower than 60" to the centerline. Standards §§4.1.3(16)(a), 4.30.6.
3. Room 37901 – Guest Room with Roll-In Shower
a. Signage for room is mounted lower than 60" to the centerline. Standards §§4.1.3(16)(a), 4.30.6.
b. The required accessible route through the living area is obstructed by furniture. Furniture must be arranged so as not to block the accessible route. Standards §9.2.2(6), 28 C.F.R. §36.211.
c. Rod in built-in closet is higher than 48" at a maximum depth of 21" into the closet. Standards §§9.2.2(4), 4.25.3, Fig. 38(b).
d. Door hardware on built-in closets is not usable with one hand and requires tight grasping, pinching or wrist twisting. Standards §§9.2.2(5), 4.27.4.
e. The drawers of the armoire do not have hardware usable with one hand without tight grasping, pinching, or wrist twisting. Standards §§9.2.2(5), 4.27.4; 28 C.F.R. §§36.201, 36.202, 36.304.
f. In the bathroom, hot water and drain pipes under lavatory are not covered or configured to protect against contact. Standards §4.19.4.
4. Room 26901 – Guest Room with Two Queen Beds and Bathtub and Transfer Shower Stall
a. Signage for room is mounted lower than 60" to the centerline. Standards §§4.1.3(16)(a), 4.30.6.
b. There is not 36" of clear width between the beds. Standards §9.2.2(1).
c. The required accessible route connecting all accessible elements and spaces in the room, including the desk, window and temperature controls is obstructed by furniture. Standards §9.2.2(2), 28 C.F.R. §36.211.
d. Rod in built-in closet is higher than 48" at a maximum depth of 21" into the closet. Standards §§9.2.2(4), 4.25.3, Fig. 38(b).
e. Door hardware on built-in closets is not usable with one hand and no tight grasping, pinching or wrist twisting. Standards §§9.2.2(5), 4.27.4.
f. The drawers of the armoire do not have hardware usable with one hand without tight grasping, pinching, or wrist twisting. Standards §§9.2.2(5), 4.27.4; 28 C.F.R. §§36.201, 36.202, 36.304.
g. Bathroom
(1) Bottom edge of lavatory apron is not at least 29" high. Standards §4.19.2.
(2) Bottom of reflecting surface of mirror in bathroom is higher than 40". Standards §4.19.6.
5. Room 17901 – Guest Room with one King Bed and Bathtub and Transfer Shower Stall
a. Signage for room is mounted lower than 60" to the centerline. Standards §§4.1.3(16)(a), 4.30.6.
b. All spaces and elements are not on an accessible route. Standards §§9.2.2(2).
c. Rod in built-in closet is higher than 48" at a maximum depth of 21" into the closet. Standards §§9.2.2(4), 4.25.3, Fig. 38(b).
d. The drawers of the armoire do not have hardware usable with one hand without tight grasping, pinching, or wrist twisting. Standards §§9.2.2(5), 4.27.4; 28 C.F.R. §§36.201, 36.202, 36.304.
B. Reservations policy (3 months). The web site for THEhotel reservations does not provide any way to reserve an accessible guest room or suite directly over the Internet. If reservations can be made through the website, guests must also be able to reserve accessible guest rooms through the website. 28 CFR §§36.201, 36.202.
C. Elevator Serving THEhotel Floors 1-23 (9 months)
1. Hall call buttons are not centered at 42". Standards §4.10.3.
2. The elevator car position indicator is not audible. Standards §4.10.13.
3. After reopening, doors do not stay open at least 20 seconds. Standards §4.10.6.
4. Handle on the door to emergency communications system does not operate without tight grasping, pinching, etc. Standards §§4.10.14, 4.27.4.
5. Emergency communications system is not identified by raised symbol and lettering. Standards §4.10.14.
6. Emergency communications system does not work without voice communication. Standards §§4.10.14.
D. THEcafe Restaurant (9 months)
1. None of the 12 fixed booths is accessible (at least 1 is required) because there is not clear floor space of 30" by 48" available for a wheelchair nor knee space at least 27" high. Standards §§5.1, 4.32, 4.2.4.1.
E. Toilet Rooms with Stalls Across from THEcafe Restaurant (9 months)
1. Signage for Men’s and Women’s toilet rooms is not mounted at 60" high to the centerline. Standards §§4.1.3(16)(a), 4.30.6.
2. Signage for Men’s and Women’s toilet rooms does not have raised and Braille characters. Standards §§4.1.3(16)(a), 4.30.4.
3. Door to Women’s toilet room requires more than 5 lbf. pressure to open. Standards §4.13.11.
4. Bottom edge of lavatory apron in Women’s toilet room is not at least 29" high. Standards §4.19.2.
5. Coat hook height in designated accessible stalls in Men’s and Women’s toilet rooms is greater than 54" for side reach. Standards §4.25.3.
F. Gym and Spa Men’s Locker Room (9 months)
1. Signage is not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
2. Interior door requires more than 5 lbf. pressure to open. Standards §4.13.11.
G. Gym and Spa Men’s Fitting Room (9 months)
1. Signage is not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
2. Interior door requires more than 5 lbf. pressure to open. Standards §4.13.11.
H. Women’s Spa (9 months)
1. The stall size and clear floor space of the designated accessible shower does not meet the requirement of either a transfer or a roll-in shower. Standards §4.21.2, Fig. 35(a) or (b).
2. Grab bars are not provided in the designated accessible shower. Standards §4.21.4, Fig. 35(a) or (b).
3. No fixed bench is provided in the locker room. Standards §§4.1.3(21), 4.35.4.
XII. Four Seasons Hotel
A. Convention Center Lobby Men’s Toilet Room with Stalls (18 months)
1. Signage not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
2. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
3. Toilet paper dispenser in designated accessible stall measured from the rear wall is not 36" or less. Standards §4.17.3, Fig. 30(d).
B. Convention Center Lobby Women’s Toilet Room with Stalls (18 months)
1. Signage not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
2. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
C. Convention Center (18 months)
1. The wall mounted lamps at the Desert Willow Room are protruding objects. Standards §4.4.1.
2. The wall mounted lamps at the Ballroom are protruding objects. Standards §4.4.1.
3. While two ballrooms have an assistive listening system installed, the Four Seasons has no receivers to use with it. Standards §4.1.3(19)(b). The resort indicates that it borrows receivers from the Mandalay Bay Theatre. Four Seasons shall either maintain the required number of receivers, or it shall, while this agreement is in effect, document all requests for assistive listening devices so that it can monitor demand, and purchase additional receivers in order to meet actual demand. If it utilizes this alternative, Mandalay Corporation shall include this documentation and inform the United States in writing, as part of its annual report required under Paragraph 23 of the Settlement Agreement, of any additional receivers it purchased, and the number of requests it received.
4. There is no accessible route to the employee work area at the Business Center counter because the granite counter overhang precludes entrance; it reduces the clear width to less than 36". Standards §§4.1.1(3), 4.2.1, 4.3.3.
5. Computer station outside Acadia Ballroom.
a. Knee clearance is not at least 27". Standards §§4.1.3(18), 4.32.3.
b. Top of counter is not 28" - 34" high. Standards §§4.1.3(18), 4.32.4.
6. Women’s toilet room next to the Jewelry Salon. The space between the two doors in series is less than 48" plus the width of the door. Standards §4.13.7.
D. Registration Counter (18 months) – The registration counter does not have a portion that is 36" maximum in height by 36" in length; or an auxiliary counter with a maximum height of 36" in close proximity to the main counter. Mandalay Corporation may meet this requirement by providing equivalent facilitation. Standards §7.2(2).
E. Reservations policy (3 months). The web site for the Four Seasons reservations does not provide any way to reserve an accessible guest room or suite directly over the Internet. If reservations can be made through the website, guests must also be able to reserve accessible guest rooms through the website. 28 CFR §§36.201, 36.202.
F. Guest Rooms Designated as Accessible (48 months, except 9 months to equip rooms with hearing impairment features) 3
1. Number and Dispersal of Accessible Rooms. Given its reported 424 guest rooms, the Four Seasons is required to have 9 accessible rooms, 5 accessible rooms with roll-in showers, and 9 additional rooms accessible for individuals with hearing impairments. The Four Seasons reportedly has a sufficient number of all three types of accessible rooms. Guest rooms required to be accessible are to be dispersed among the various classes of sleeping accommodations available to guests of the Four Seasons. Factors to be considered include room size, cost, amenities provided, and the number of beds provided. The number and dispersal of guest rooms as set forth in Attachment B-2 comply with the Standards. Both mobility accessible guest rooms and guest rooms with features for people who are deaf or hard of hearing shall be equipped with visual emergency alarms that are connected to the building emergency alarm system and visible in all areas of the room or suite, and accessible electrical outlets within 4 feet of telephone connections to facilitate the use of TTY’s. These rooms shall also be equipped with visual notification devices to alert room occupants of incoming telephone calls and a door knock or bell, and smoke alarm activation, if smoke alarms are provided. The notification devices for a telephone call, door knock or bell, and smoke alarm may be provided from a portable kit. The hotel shall ensure that the kits are regularly maintained and that the hotel staff is trained to assist guests in the installation and use of these devices. Standards §§ 9.1.2, 9.1.3, 9.1.4, 9.2.2(8), 9.3.1, 9.3.2.
3 Mandalay Corporation shall consider the alleged violations set forth below as having also been identified for other comparable guest rooms designated as accessible and will confirm that all such guest rooms are in compliance as to these items. Appropriate distinctions apply per Standards §9.2 and §9.3 for mobility accessible and hearing accessible rooms respectively.2. Room 35212 – Guest Room with King Bed and Roll-In Shower
a. Built-in cabinets do not have hardware usable with one hand, without tight grasping, pinching, wrist-twisting. Standards §§9.2.2(5), 4.27.4.
b. Rod in built-in closet is higher than 48" at a maximum depth of 21" into the closet. Standards §§9.2.2(4), 4.25.3, Fig. 38(b).
c. Hardware on built-in closets is not usable with one hand and requires tight grasping, pinching or wrist twisting. Standards §§9.2.2(5), 4.27.4.
d. Hardware to built-in drawers is not usable with 5 lbf. or less. Standards §§9.2.2(5), 4.27.4.
e. Bathroom
(1) Door to toilet room does not provide 32" minimum clear opening width, measured from stop to face of door, when open 90 degrees. Standards §§4.13.5, 9.2.2(3).
(2) Space between toilet side grab bar and beveled wainscot is not 1½”. Standards §4.26.2.
(3) Toilet paper dispenser is mounted 40" instead of 36" measured from the rear wall. Standards §4.16.6, Fig. 29(b).
(4) A curb or threshold exists at the entrance to the roll-in shower. Standards §§9.2.2(6)(e), 4.21.7.
3. Room 35308 – Guest Room with King Bed and Accessible Bathtub 4
a. Room temperature controls, such as the thermostat, are mounted higher than 54" for side approach. Standards §§9.2.2(5), 4.27.3.
b. Rod in built-in closet is higher than 48" at a maximum depth of 21" into the closet. Standards §§9.2.2(4), 4.25.3, Fig. 38(b);
c. Hardware on built-in closets is not usable with one hand and requires tight grasping, pinching or wrist twisting. Standards §§9.2.2(5), 4.27.4.
d. Hardware to built-in closets is not usable with 5 lbf. of force or less. Standards §§9.2.2(5), 4.27.4.
e. Interior room door to adjoining room does not provide 32" minimum clear opening width. Standards §§4.13.5, 9.2.2(3).
f. Bathroom
(1) Door to toilet room does not provide 32" minimum clear opening width, measured from stop to face of door, when open 90 degrees. Standards §§4.13.5, 9.2.2(3).
(2) Space between toilet side grab bar and beveled wainscot is not 1½”. Standards §4.26.2.
(3) Bathtub has no transfer seat. Standards §§9.2.2(6)(e), 4.20.3, Fig. 33.
4. Room 39104 – Guest Room with Queen Bed and Accessible Bathtub
a. Door to adjoining room does not provide 32" minimum clear opening width, measured from stop to face of door, when open 90 degrees. Standards §§4.13.5, 9.2.2(3).
b. Built-in cabinets do not have hardware usable with one hand, without tight grasping, pinching, wrist-twisting. Standards §§9.2.2(5), 4.27.4.
c. Rod in built-in closet is higher than 48" at a maximum depth of 21" into the closet. Standards §§9.2.2(4), 4.25.3, Fig. 38(b).
d. Hardware on built-in closets is not usable with one hand and requires tight grasping, pinching or wrist twisting. Standards §§9.2.2(5), 4.27.4.
e. Hardware to built-in drawers is not usable with 5 lbf. of force or less. Standards §§9.2.2(5), 4.27.4.
f. The maneuvering clearance between the two beds is 31" not 36" as required. Standards §9.2.2(1).
g. There is insufficient maneuvering space between the desk and easy chair to access the in-room printer and computer peripherals. Standards § 9.2.2(2).
h. Bathroom
(1) Door to toilet room does not provide 32" minimum clear opening width, measured from stop to face of door, when open 90 degrees. Standards §§4.13.5, 9.2.2(3).
(2) Bathtub has no transfer seat. Standards §§9.2.2(6)(e), 4.20.3, Fig. 33.
5. Room 37313 – Suite with Living Area, Powder Room and Bathtub and Roll-in Shower
a. Room temperature controls, such as the thermostat, are mounted higher than 54" for side approach. Standards §§9.2.2(5), 4.27.3.
b. Built-in cabinets do not have hardware usable with one hand, without tight grasping, pinching, wrist-twisting. Standards §§9.2.2(5), 4.27.4.
c. Rod in built-in closet is higher than 48" at a maximum depth of 21" into the closet. Standards §§9.2.2(4), 4.25.3, Fig. 38(b).
d. Bathroom
(1) Coat hook height in the toilet room is greater than 54" for side approach. Standards §4.25.3.
(2) Bottom of reflecting surface of mirror in bathroom is higher than 40". Standards §4.19.6.
(3) Bottom edge of lavatory apron is not at least 29" high. Standards §4.19.2.
(4) T here is not 27" of knee clearance height under the lavatory at a distance of 8" back from the edge of the lavatory. Standards §4.19.2, Fig. 31.
(5) Toilet side grab bar distance from the farther end to the rear wall is less than the required 54". Standards §§9.2.2(6)(e), 4.16.4, Fig. 29.
(6) Toilet rear grab bar is not provided. Standards §4.16.4, Fig. 29.
G. Four Seasons Elevators (9 months)
1. Hall call buttons are not centered at 42". Standards §4.10.3.
2. The elevator car position indicator is not audible. Standards §4.10.13.
3. Handle on the door to emergency communications system does not operate without tight grasping, pinching, etc. Standards §§4.10.14, 4.27.4.
4. Emergency communications system does not work without voice communication. Standards §§4.10.14.
H. Telephones Outside of Four Seasons Ballroom 4 (bank of 4 telephones) (18 months)
1. Highest operable part of the designated accessible telephone is above 54" for side approach or 48" for a front approach. Standards §§4.1.3(17)(a), 4.31.3.
2. Pay telephone does not have volume control. Standards §§4.1.3(17)(b), 4.31.5.
3. None of the phones has an outlet. Standards §§4.1.3(17)(d), 4.31.9(2).
I. Telephones Outside Acacia Ballroom (bank of 6 telephones with one TTY) (18 months)
1. Highest operable part of the designated accessible telephone is above 54" for side approach or 48" for a front approach. Standards §§4.1.3(17)(a), 4.31.3.
J. Telephones: Second Level Four Seasons Convention Center Lobby (bank of 8 telephones) (18 months)
1. Highest operable part of the telephone is above 54" for side approach or 48" for a front approach. Standards §§4.1.3(17)(a), 4.31.3.
2. Pay telephone does not have volume control. Standards §§4.1.3(17)(b), 4.31.5.
3. Counter height is greater than 34". Standards §4.32.4.
K. Telephones outside the Charlie Palmer Steak Restaurant (18 months)
1. The lowered telephone has a coin slot higher than 48" for forward reach or 54" for side reach. Standards §§4.1.3(17)(a), 4.31.3.
L. Men’s Toilet Room outside the Charlie Palmer Steak Restaurant (18 months)
1. Signage not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
2. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
3. Lock on designated accessible stall door is not usable with one hand without tight grasping, pinching, or wrist twisting. Standards §§4.17.5, 4.27.4.
4. Bottom edge of lavatory apron is not at least 29" high. Standards §4.19.2, Fig. 31.
M. Women’s Toilet Room outside the Charlie Palmer Steak Restaurant (18 months)
1. Signage not mounted on the wall adjacent to the latch side of the doorway. Standards §§4.1.3(16)(a), 4.30.6.
2. Door requires more than 5 lbf. pressure to open. Standards §4.13.11.
3. Door in ambulatory stall is not an outward swinging, self-closing door. Standards §4.22.4.
4. Bottom edge of lavatory apron is not at least 29" high. Standards §4.19.2, Fig. 31.
XIII. Executive Offices
A. Men’s and Women’s Toilet Room (9 months)
1. Signage is not mounted on the wall adjacent to the latch side of the door. Standards §§4.1.3(16)(a), 4.30.6.
XIV. Parking
A. South Convention Center Parking Lot (18 months)
1. The 791 space capacity parking lot has 12 standard accessible spaces, rather than the required minimum of 14 standard accessible spaces and 2 van-accessible spaces. Standards §§ 4.1.2(5)(a) and (b).
2. Accessible parking spaces are not located on the shortest accessible route of travel to an accessible pedestrian entrance. Standards § 4.6.2.
3. The signs designating the accessible parking spaces are mounted too low so that they are obscured when a car is parked in the space. Standards § 4.6.4.
B. Self Park Garage (18 months). The required number of designated accessible parking spaces for the 6,101 existing parking spaces in the garage is 72, including 63 standard accessible spaces and 9 van-accessible spaces.
1. The garage is lacking 9 van-accessible spaces. Each van-accessible space needs a 96" wide access aisle, correct signage, and minimum vertical clearance of 98" at the parking space and along at least one vehicle access route to such spaces from site entrance and exit. Standards §§ 4.1.2(5)(a) and (b), 4.6.3, 4.6.4, 4.6.5.
2. Level 2. The signs for all 80 accessible parking spaces have an additional sign reading “van-accessible” but do not have the correct access aisle for a van-accessible space. These signs need to be removed from the accessible parking spaces that have a 60" wide access aisle. Standards §§ 4.6.4, 4.1.2(5)(b).
3. Level 6. The signs designating accessible parking spaces at the interior part of the garage are mounted too low so that they are obscured when a car is parked in the space. Standards § 4.6.4.
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May 11, 2007