Attachment I: Newly Constructed Facilities
Please Note: Paragraph 27 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the City will 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:
I. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to Lemon City Park and Day Care, located at 27 NE 58th Street:
A. Although the parking lot has a total of 17 parking spaces, it lacks a designated van accessible space.1 On the shortest accessible route to the accessible entrance, provide one van accessible space designated as reserved for people with disabilities. Ensure that van accessible spaces are a minimum of 96 inches wide and served by access aisles at least 96 inches wide. At all spaces designated as reserved for persons with disabilities, provide vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. At van accessible spaces, provide an additional "Van-Accessible" sign located below the International Symbol of Accessibility. Ensure that all spaces and access aisles for persons with disabilities are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).
B. There is no accessible route from parking reserved for people with disabilities to the basketball courts. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.
II. Within 12 months of the effective date of this Agreement, the City will complete the following modifications to Antonio Maceo Park, located at 5151 NW 7th Street:
A. Toilet Rooms: The signs to the Men's and Women's Toilet Rooms are not mounted on the wall to the latch side of the door. Provide toilet room signs with raised and Braille characters. The signs shall be mounted on the wall adjacent to the latch side of the door with the centerline of the sign at 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
B. The picnic tables are inaccessible. Provide at least one picnic table on an accessible route such that there is knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and such that the height of the top of the table is between 28 inches and 34 inches above the ground. Standards §§ 4.1.3(18), 4.32.3, 4.32.4.
C. Additionally, within 1 month of the effective date of this Agreement, the City will provide to the Department a full set of plans and construction manual of the new Recreation Center to be built at this park, scheduled for groundbreaking in August 2005. The Department will review those plans and, if modifications are required to bring the Center into compliance with the ADA Standards for Accessible Design, will promptly provide detailed comments to the City. The City will modify the Center's design and construction to conform to the Department's comments prior to its opening.
III. Within 36 months of the effective date of this Agreement, the City will complete the following modifications to Margaret Pace Park, located at N. Bayshore Drive, 17 Terrace & 20th Street:
A. Toilet Rooms with Stalls
1. The toilet rooms lack accessible signs. In each, provide a toilet room sign with raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
2. Toilet Stalls for Persons with Disabilities
a) No accessible coat hook has been provided. In each, 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) The toilet paper dispensers are mounted 45 inches from the rear wall. In each, 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).
3. Men's Room: In the toilet stall for persons with disabilities, the toilet centerline is 19 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, 4.17.3, Fig. 30.
B. Drinking Fountain (Between the Toilet Rooms): The controls require 8 pounds of force to operate. Provide a drinking fountain with controls mounted on or near the front edge that are operable with one hand, that require 5 pounds of force or less to operate, and that can be operated without tight grasping, pinching, or twisting of the wrist. Standards §§ 4.1.3(10), 4.15.4, 4.27.4.
C. Accessible Routes: There is no accessible route from parking reserved for persons with disabilities to either the volleyball courts or the grills. Provide at least one accessible route within the boundary of the site connecting these elements that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.1.3(1), 4.3, 4.5, Fig. 7.
D. Ramp (Near Basketball Court): Parts of the ramp exceed 4.76 degrees (1:12) and there is no level landing at its bottom. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp; with level landings measuring at least 60 inches by 60 inches when the ramp changes direction; and edge protection that is at least 2 inches high at the drop off sides. Provide handrails that are between 1¼ inches and 1½ inches in diameter such that the inside handrail is continuous and both handrails have a continuous gripping surface along both sides of the ramp extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface and 1½ inches from the wall, with ends rounded or returned smoothly to the floor, wall, or post. Ensure that the ramp and approaches are designed so that water will not accumulate on walking surfaces. Standards §§ 4.1.2(1), 4.1.2(2), 4.3.8, 4.8.
IV. Within 24 months of the effective date of this Agreement, the City will complete the following modifications to Watersport / Shake-a-Leg Building, located at 2620 S. Bayshore Drive:
A. Second and Third Floor Unisex, Single-User Toilet Rooms
1. No accessible coat hooks have been provided. In each, 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.
2. The rear grab bars at the toilets are inaccessible because their overall length measures 30 inches. In each, provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.
B. Reception Counter
1. The counter protrudes into the circulation route and would not be detectable to a blind person using a cane. Provide an accessible route at this location such that no objects with their bottom leading edges measuring between 27 inches and 80 inches above the finished floor protrude more than 4 inches into walks, halls, corridors, passageways, or aisles. Free-standing objects mounted on posts or pylons may overhang 12 inches maximum from 27 inches to 80 inches above the ground or finished floor. Standards §§ 4.1.2(3), 4.4.
2. The counter obstructs the maneuvering clearances on the pull side of the door to its immediate right. On the pull side of the door, provide and maintain maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door. Standards §§ 4.1.3(7)(b), 4.13.6, Fig. 25(a).