Appendix F

 

Program Access in the City's Existing 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 County will take the following actions:

 

 

A.        Within 12 months of the effective date of this Agreement, the City will complete the following  modifications to Venetian Pool (2701 DeSoto Blvd.):

 

1.         While 66 spaces are provided in the remote parking lot across the street from the pool, only 1 space in this lot is designated as reserved for persons with disabilities.[1]  On the shortest accessible route to the accessible entrance, provide one van accessible space and two standard spaces designated as reserved for people with disabilities.  Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide.  Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide.  All spaces designated as reserved for people with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles.  Van accessible spaces shall have an additional "Van-Accessible" sign located below the International Symbol of Accessibility.  Standards §§ 4.1.2(5), 4.6, 4.30.7(1).   

 

2.         The ends of the handrails on the ramp to the service counter area does not return completely to the wall, post, or floor and the handrail surface is very rough.  Provide handrails that are between 1 inches and 1 inches in diameter with 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.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards § 4.8.5.

 

3.         The ramp into the pool area itself varies in slope between 5.2 and 5.6 degrees and the ends the handrails do not return completely to the wall, post, or floor.  Provide handrails that are between 1 inches and 1 inches in diameter with 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.  Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings.  Standards § 4.8.5.

 

4.         Women's Locker Room

 

a. No visual alarm appliance is provided.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3. Provide confirmation that  there is an audible alarm.

 

b. The air dryer near the entrance protrudes 8 inches into the path of travel and the bottom leading edge of the dryer is 44 inches above the finished floor; accordingly, it is a "protruding object" that is not cane-detectable.  Provide an accessible route from the entrance 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.  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 § 4.4.

 

c. The air dryer to the right of the lavatories protrudes 8 inches into the path of travel and the bottom leading edge of the dryer is 32 inches above the finished floor; accordingly, it is a "protruding object" that is not cane-detectable.  Provide an accessible route from the entrance 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.  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 § 4.4.

 

d. The lavatory hot water and drain pipes are not insulated or covered to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards § 4.19.4.

 

e. Although 1 of the 7 toilet stall is designed for persons who use wheelchairs, there is no "alternate" stall 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 §§ 4.22.4, Fig. 30(d).

 

f. Toilet Stall for Persons who use Wheelchairs

 

i. The toilet stall is only 54 inches wide.  Provide a toilet stall that is at least 60 inches wide and at least 56 inches deep for a wall-mounted toilet or at least 59 inches deep for a floor-mounted toilet, such that the centerline of the toilet is exactly 18 inches from the near side wall or partition, and there is at least 9 inches of toe clearance above the floor at the front partition if the stall is no more than 60 inches deep.  Standards § 4.17, Fig. 30.

 

ii. The toilet seat is 20 inches above the finished floor.  Provide a toilet with a seat that measures 17 to 19 inches above the finished floor.  Standards §§ 4.16.3, 4.17.2, Fig. 30(d).

 

iii. 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 § 4.17.3, Fig. 30.

 

iv. The coat hook is outside the reach ranges of persons who use wheelchairs.  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 §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

 

g. Transfer Shower

 

i.  The transfer shower stall is 48 inches deep by 43 inches wide; there is no 12 inch overhang at the transfer seat; the transfer seat does not extend the full depth of the stall; the controls are not on the wall opposite the transfer bench; and there is no vertical bar and the shower head cannot be used as a fixed or hand-held shower.   Provide a shower in this room that is exactly 36 inches wide and 36 inches deep with a 48 inch long and 36 inch wide clear floor space alongside the shower opening, and an L-shaped shower seat mounted on the wall opposite the controls and extending the full depth of the stall; OR a shower that is at least 30 inches deep and 60 inches wide with no curb or threshold and with a 36 inch deep and 60 inch wide clear floor space at the shower opening.  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.

 

ii. There is no accessible changing bench on the level that is 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.

 

5.         Men's Locker Room

 

a. No visual alarm appliance is provided.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.28.1, 4.28.3.  Provide confirmation that  there is an audible alarm.

 

b. Although 3 of the 7 urinals are lower, none has a low enough rim or flush control to be accessible to persons who use wheelchairs.  Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor.  Standards §§ 4.18.2, 4.18.3, 4.18.4.

 

c. The lavatory hot water and drain pipes are not insulated or configured to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards § 4.19.4.

 

d. Although 2 of the 7 toilet stalls are designed with some features for persons with disabilities, neither of these have dimensions that comply with the requirements for the "standard" or "alternate" stall configurations and some other elements do not meet the standards.  Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, and dispensers, comply with the Standards.  Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.  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 §§ 4.22.4, Fig. 30(d).

 

e. There are no grab bars at the roll-in shower.  Provide shower 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.

 

f. There is no changing bench that is accessible for 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.

 

B.         Within 12 months of the effective date of this Agreement, the City will complete the following  modifications to Fire Station #3 (11911 Old Cutler Road):

 

1.         Parking

 

a. Although one of the ten parking spaces is designated for persons with disabilities and has an access aisle, it is not van-accessible and the access aisle is only 60 inches wide.  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).

 

2.         Men's First Floor Single User Toilet Room

 

a. The bottom edge of the reflecting surface of the mirror is 41 inches above the finished floor.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

 

b. The lavatory's hot water and drain pipes are not covered or insulated to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

 

c. The toilet's flush control is on the closed side.  Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device.  Standards §§ 4.1.3(11), 4.22.4, 4.16.5, 4.27.4.

 

d. The toilet paper dispenser is only 17 inches above the finished floor.  Provide a toilet paper dispenser that is mounted within reach, with its top at least 1 inches under the side grab bar, and centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

 

3.         Women's First Floor Single User Toilet Room

 

a. Although an audible alarm is provided, there is no visual alarm appliance in the room.  Provide a visual alarm appliance in the toilet room.  Standards §§ 4.1.3(14), 4.28.1, 4.28.3.

 

b. The bottom edge of the reflecting surface of the mirror is 41 inches above the finished floor.  Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

 

c. The lavatory's hot water and drain pipes are not covered or insulated to protect against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact.  Standards §§ 4.1.3(11), 4.22.6, 4.19.4.

 

d. The toilet paper dispenser is only 16 inches above the finished floor.  Provide a toilet paper dispenser that is mounted within reach, with its top at least 1 inches under the side grab bar, and centered at least 19 inches above the finished floor.  Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).


 

            [1]The Venetian Pool has 83 parking spaces, 15 are "head in" spaces near the pool, 2 are parallel spaces near the pool, and the remaining 66 are "head in" spaces across the street from the pool.  Both of the parallel spaces near the pool have been designated as reserved for persons with disabilities, but both would require someone who uses a wheelchair to transfer in or out of the car while the wheelchair sat in a traffic lane instead of an appropriate access aisle.  The parallel spaces near the pool were reportedly provided so that persons who use wheelchairs would not have to navigate across the street from the remote lot.