HomeMy WebLinkAboutExhibit D - Attach K (4)between the grab bar and the wall; and at least 1'/2 inches between
the grab bar and any other object, such as the toilet paper
dispenser. Standards §§ 4.17.6, 4.26.2, Figs. 30(a), (d).
c) The paper towel dispenser protrudes into the path of travel 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 § 4.4.
2) Women's Only: The toilet is inaccessible because the 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 §§ 4.16.5, 4.17.2, 4.27.4.
E. Existing Field House Toilet Rooms with Stalls
1) Men's and Women's. For each:
a) The toilet room lacks accessible signage. Provide a toilet room
sign with the International Symbol of Accessibility and raised and
Braille characters. The sign 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, 4.30.7.
b) The paper towel dispenser is inaccessible because the controls are
mounted 62 inches above the finished floor with a forward reach
over an obstruction required. Provide a paper towel dispenser with
the controls a maximum height above the finished floor of 48
inches for a forward approach or 54 inches for a side approach and
that is accompanied by clear floor space of 30 by 48 inches that
allows a forward or parallel approach by a person using a
wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
c) The lavatory is inaccessible because the hot water pipes are not
insulated or otherwise configured to protect against contact.
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 61
Provide hot water and drain pipes that are insulated or otherwise
configured to protect against contact. Standards § 4.19.4.
d) The lavatory is inaccessible because the hardware requires twisting
of the wrist to operate. Provide a lavatory with a faucet that can be
operated with 5 pounds of force or less and can be used with one
hand and without tight grasping, pinching, or twisting of the wrist
(lever -operated, push -type, and electronically controlled
mechanisms are examples of acceptable designs). Standards
§§ 4.19.5, 4.27.4.
e) There is no accessible toilet stall provided. 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.
2) Men's Only:
a) The exterior door to enter the toilet room is inaccessible because
the width is 28 '/2 inches. Provide a door with a clear opening at
least 32 inches wide when measured from the face of the door to
the opposite stop when the door is opened 90 degrees and with
hardware usable with one hand and without tight grasping,
pinching, or twisting of the wrist. Lever -operated, push -type, and
U-shaped handles are acceptable designs. Standards §§ 4.13.5,
4.13.9.
b) There is insufficient turning space within the toilet room. Provide
an unobstructed turning space at least 60 inches in diameter or a T-
shaped space complying with Fig. 3(b). Standards §§ 4.22.3, 4.2.3,
Fig. 3.
F. Interior Fountain
1) The interior drinking fountain is inaccessible because it lacks knee
clearance. Provide a drinking fountain with clear knee space between the
bottom of the apron and the finished floor or ground of at least 27 inches
high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor
space of 30 inches by 48 inches to allow a person in a wheelchair to
approach the unit facing forward. Standards § 4.15.5(1), Figs. 27(a), (b).
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 62
2) There is no drinking fountain provided for people who have difficulty
bending or stooping. Provide a drinking fountain that is accessible to
people who have difficulty bending or stooping. This can be
accommodated by the use of a "hi-lo" fountain; by providing one fountain
accessible to those who use wheelchairs and one fountain at a standard
height convenient for those who have difficulty bending; by providing a
fountain accessible to people who use wheelchairs and a cup dispenser, or
by such other means as would achieve the required accessibility for each
group of people. Standards § 4.1.3(10)(a).
G. Pavilion Area: 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
§§ 4.32.3, 4.32.4.
29. Within 36 months of the effective date of this Agreement, the City will complete the
following modifications to Kennedy Park, located at 2600 South Bayshore Drive:
A. There is no van accessible parking space, the access aisles are too narrow, and the
spaces designated for persons with disabilities lack appropriate signage. provided.
On the shortest accessible route to the accessible entrance, provide 1 van
accessible space a minimum of 96 inches wide, served by an access aisle at least
96 inches wide, with a vertical sign with the International Symbol of Accessibility
located such that it cannot be obstructed by parked vehicles, and with an
additional "Van -Accessible" sign located below the International Symbol of
Accessibility. Standards §§ 4.1.2(5)(b), 4.6, 4.30.7(1).
B. There is no accessible route from the parking lot to the playground or, within the
playground, to the play equipment. 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 %2 inch vertically; and have a running slope of less than
1:20 (5°/0) (or have been constructed as a fully accessible ramp) and a cross slope
of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.
C. Drinking Fountain: The drinking fountain at the toilet rooms is not 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
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
Di 204-18-184 63
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 § 4.4.
D. The toilet rooms contain a number of inaccessible elements and are not accessible
to people with disabilities. Provide an accessible toilet room for each gender (or
one unisex room) such that all of the room's elements, including signage, door,
door hardware, clear floor space, water closet, urinal (if provided), grab bars,
lavatory, mirror, controls, and dispensers, comply with the Standards. Standards
§§ 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, Figs. 28, 29.
30. Within 36 months of the effective date of this Agreement, the City will complete the
following modifications to Robert King High Park, located at 7025 W. Flagler Street:
31. Within 36 months of the effective date of this Agreement, the City will complete the
following modifications to Knight Center, located at 400 SE Second Avenue:
A. Riverfront Hall Central
1) The hall door is inaccessible because the pressure required to open the
door is greater than 5 pounds. Provide a door that requires no more than 5
pounds of force to open. Standards § 4.13.11(2)(b).
2) The hall is inaccessible to people with hearing impairments because
although there are 50 or more fixed seats, there is no assistive listening
system. Provide a permanently installed assistive listening system serving
the fixed seating. Ensure that the seating served by the system is located
within a 50 foot viewing distance of the stage or playing area and has a
complete view of the stage or playing area. Provide receivers equal in
number to 4% of the total number of seats (or a minimum of 2) for use by
the general public and signage indicating their availability. 28 C.F.R.
35.160; Standards §§ 4.30, 4.33.
B. JLK Center - Theater
1) The theater is inaccessible because the wheelchair seating is not dispersed.
Provide wheelchair seating areas as required by Standards § 4.1.3(19)(a)),
each with a minimum clear ground or floor space of 66 inches wide by 48
inches deep for forward or rear access, or 66 inches wide by 60 inches
deep for side access. Ensure that the ground or floor at all wheelchair
locations is level, firm, stable, and slip resistant; that wheelchair seating
areas are an integral part of the fixed seating plan and are located so as to
provide people with physical disabilities a choice of lines of sight
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 64
comparable to those available for members of the general public; that
wheelchair seating areas adjoin an accessible route that also serves as a
means of egress in case of emergency; and that at least one fixed
companion seat is provided next to each wheelchair seating area.
Standards §§ 4.1.3(19)(a), 4.5, 4.33.
2) The route from the lower level to the balcony is inaccessible. 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 ifthere 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 Y2 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 §§ 4.3, 4.5, Fig.
7.
3) There is no accessible route connecting the wheelchair seating areas and
the stage. Provide an accessible route connecting the wheelchair seating
locations to all spaces used by performers. Standards §§ 4.3, 4.33.5.
C. Box Office: The ticket counter at the box office is inaccessible because it is
mounted 39 inches above the finished floor. Provide a counter on an accessible
route such that a portion of the counter is at least 36 inches wide and no more than
36 inches above the finished floor, or provide an auxiliary counter with a
maximum height of 36 inches in close proximity to the main counter, or provide
equivalent facilitation. Equivalent facilitation may be provided in the form of a
folding shelf attached to the main counter, an auxiliary table nearby, a clip board
made available to the public, or other means. Standards §§ 7.2(2), 4.3.
D. Concession Stand: The retail counter at the concession stand is inaccessible
because it is mounted 42 inches above the finished floor. Provide a counter on an
accessible route such that a portion of the counter is at least 36 inches wide and no
more than 36 inches above the finished floor. Standards § § 7.2(1), 4.3.
E. Multiple Elevators at Parking Garage and the North Theater Lobby. For each:
1) The elevator is inaccessible because the call buttons lack visual signals to
indicate when a call is registered and answered and because they are not
raised or flush. Provide hall (lobby) call buttons with visual signals
indicating when each call is registered and when each call is answered.
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 65
Ensure that the call buttons are centered at 42 inches above the finished
floor, a minimum of % inch in the smallest dimension, with the button
designating the up direction on top; that the call buttons are raised or flush;
and that objects mounted beneath hall call buttons do not project into the
elevator lobby more than 4 inches. Standards § 4.10.3, Fig. 20.
2) The elevator is inaccessible because the doors do not remain fully open for
a minimum of 3 seconds and because the door reopening device does not
remain effective for at least 20 seconds. Provide doors that open and close
automatically with a reopening device that will stop and reopen the car
door and hoistway door automatically if the door becomes obstructed by
an object or person. Ensure that the device is capable of completing these
operations without requiring contact for obstructions passing through the
opening at heights of 5 inches and 29 inches above the finished floor; that
door reopening devices remain effective for at least 20 seconds, after
which the doors may close; that the minimum time from notification that a
car is answering a call until the doors of that car start to close is 5 seconds;
and that the minimum time for elevator doors to remain fully open in
response to a car call is 3 seconds. Standards §§ 4.10.6, 4.10.7, 4.10.8,
Figs. 20, 21.
F. Toilet Rooms at North Theater with Stalls
1) Men's and Women's. For each:
a) The toilet room sign lacks the International Symbol of
Accessibility and Braille and raised characters. Provide a toilet
room sign with the International Symbol of Accessibility and
raised and Braille characters. The sign 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, 4.30.7.
b) The toilet room door is inaccessible because the pressure required
to open the door is greater than 5 pounds. Provide a door that
requires no more than 5 pounds of force to open. Standards
§ 4.13.11(2)(b).
c) The door to the toilet room, which is accessed from the latch side
of the door, is inaccessible because it has only 2 inches of
clearance on the pull side. On the pull side of the door, provide a
path of travel at least 48 inches wide for a side approach and at
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 66
least 24 inches of clear maneuvering space adjacent to the latch
side of the door. Standards § 4.13.6, Fig. 25(c).
d) The door to the toilet room, which is accessed from the latch side
of the door, is inaccessible because it has only 2 inches of
clearance on the push side. On the push side of the door, provide a
clear path of travel for a side approach at least 42 inches wide and
at least 24 inches of clear maneuvering space adjacent to the latch
side of the door. Standards § 4.13.6, Fig. 25(c).
e) The lavatory is inaccessible. Provide a lavatory with the top of its
rim or counter 34 inches or less above the finished floor; the
bottom edge of the apron at least 29 inches above the finished
floor; knee and toe clearances that comply with Fig. 31; hot water
and drain pipes covered or otherwise configured to protect against
contact; clear floor space at least 30 inches wide and 48 inches
deep centered on the lavatory; and a faucet that can be operated
with 5 pounds of force or less and can be used with one hand and
without tight grasping, pinching, or twisting of the wrist (lever -
operated, push -type, and electronically controlled mechanisms are
examples of acceptable designs). Standards §§ 4.19.2, 4.19.3,
4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.
f) There is no accessible toilet stall provided. 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.
No visual alarm appliance is provided in this toilet room. If the
facility contains an emergency alarm system, provide visual alarm
devices in toilet rooms and any other general usage areas (e.g.,
meeting rooms), hallways, lobbies, and any other area for common
use, Such devices shall be integrated into the facility alarm system
and shall meet the requirements of the Standards for lamp type,
color, pulse duration, intensity, and flash rate. Visual alarm
appliances shall be placed 80 inches above the highest floor level
within the space or 6 inches below the ceiling, whichever is lower.
Visual alarm appliances shall be located such that no place in any
room or space, including common corridors or hallways, required
to have a visual alarm appliance shall be more than 50 feet from
the signal. In large rooms and spaces exceeding 100 feet across,
g)
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-1 s-184 67
without obstructions 6 feet above the finished floor, devices may
be placed around the perimeter, spaced a maximum of 100 feet
apart, in lieu of suspending appliances from the ceiling. Standards
§ 4.28.3.
G. Toilet Rooms at Theater near 109-115 with Stalls
1) Men's and Women's. For each:
a) No visual alarm appliance is provided in this toilet room. If the
facility contains an emergency alarm system, provide visual alarm
devices in toilet rooms and any other general usage areas (e.g.,
meeting rooms), hallways, lobbies, and any other area for common
use. Such devices shall be integrated into the facility alarm system
and shall meet the requirements of the Standards for Iamp type,
color, pulse duration, intensity, and flash rate. Visual alarm
appliances shall be placed 80 inches above the highest floor level
within the space or 6 inches below the ceiling, whichever is lower.
Visual alarm appliances shall be located such that no place in any
room or space, including common corridors or hallways, required
to have a visual alarm appliance shall be more than 50 feet from
the signal. In large rooms and spaces exceeding 100 feet across,
without obstructions 6 feet above the finished floor, devices may
be placed around the perimeter, spaced a maximum of 100 feet
apart, in lieu of suspending appliances from the ceiling. Standards
§ 4.28.3.
b) Toilet Stall for Persons with Disabilities
(1)
The toilet is inaccessible because there is insufficient clear
floor space. Provide clear floor space that complies with
Fig. 30 at the toilet. Standards § 4.17.3, Fig. 30.
(2) The toilet is inaccessible because the top of the seat is 20
inches above the finished floor. Provide a toilet with a seat
that is 17 to 19 inches above the finished floor. Standards
§§ 4.16.3, 4.17.2, Fig. 30(d).
(3) The toilet paper dispenser is inaccessible because it is not
mounted under the grab bar. Provide a toilet paper
dispenser that is mounted with its top at least 1 % 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 § 4.17.3, Fig. 30(d).
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 68
(4) There is no rear grab bar provided at the toilet. 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 11/4 and 1'/2 inches; with 1'/2 inches
between the grab bar and the wall; and at least 1'/2 inches
between the grab bar and any other object, such as a toilet
seat cover dispenser. Standards §§ 4.17.6, 4.26.2, Fig. 30.
c) Men's Only:
(1) The toilet is inaccessible because its centerline is 19 inches
from the side wall. Provide a toilet with a centerline that is
18 inches from the near side wall. Standards § 4.17.3, Fig.
30.
(2) The toilet is inaccessible because the 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 §§ 4.16.5, 4.17.2, 4.27.4.
d) Women's Only:
(1) The toilet room door is inaccessible because the pressure
required to open the door is greater than 5 pounds. Provide
a door that requires no more than 5 pounds of force to open.
Standards § 4.13.11(2)(b).
(2) No accessible coat hook has been provided. 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.
H. Toilet Rooms at Central Convention with Stalls
1) Men's and Women's. For each:
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 69
a) The toilet room lacks accessible signage. Provide a toilet room
sign with the International Symbol of Accessibility and raised and
Braille characters. The sign 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, 4.30.7.
b) The toilet room door is inaccessible because the pressure required
to open the door is greater than 5 pounds. Provide a door that
requires no more than 5 pounds of force to open. Standards
§ 4.13.11(2)(b).
c) The lavatory is inaccessible because the hot water pipes are not
insulated or otherwise 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) The lavatory is inaccessible because the hardware requires twisting
of the wrist to operate. Provide a lavatory with a faucet that can be
operated with 5 pounds of force or less and can be used with one
hand and without tight grasping, pinching, or twisting of the wrist
(lever -operated, push -type, and electronically controlled
mechanisms are examples of acceptable designs). Standards
§§ 4.19.5, 4.27.4.
e) The paper towel dispenser is inaccessible because the controls are
mounted at 57 '/2 (women's) and 62 (men's) inches above the
finished floor. Provide a paper towel dispenser with the controls a
maximum height above the finished floor of 48 inches for a
forward approach or 54 inches for a side approach and that is
accompanied by clear floor space of 30 by 48 inches that allows a
forward or parallel approach by a person using a wheelchair.
Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
f) There is no toilet stall for persons who use wheelchairs. 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.
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 70
g)
Toilet Stall for Ambulatory Persons with Disabilities
(1) In the ambulatory stall provided, the partitions are mounted
37 inches apart. 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).
(2) The toilet paper dispenser is inaccessible because it is not
mounted under the grab bar. Provide a toilet paper
dispenser that is mounted with its top at least 1 % inches
under the sidejgrab bar and 36 inches or less from the rear
wall and is centered at least 19 inches above the finished
floor. Standards § 4.17.3, Fig. 30(d).
(3)
The grab bars jat the toilet are inaccessible because they are
mounted 32 inches above the finished floor. Provide grab
bars that are Mounted between 33 and 36 inches above the
finished floor: Standards § 4.17.6, Fig. 30.
2) Men's Only: No visual alarm appliance is provided in this toilet room. If
the facility contains an emergency alarm system, provide visual alarm
devices in toilet rooms and any other general usage areas (e.g., meeting
rooms), hallways, lobbies, artd any other area for common use. Such
devices shall be integrated into the facility alarm system and shall meet the
requirements of the Standards for lamp type, color, pulse duration,
intensity, and flash rate. Visual alarm appliances shall be placed 80 inches
above the highest floor levelwithin the space or 6 inches below the
ceiling, whichever is lower. Visual alarm appliances shall be located such
that no place in any room or space, including common corridors or
hallways, required to have a visual alarm appliance shall be more than 50
feet from the signal. In large rooms and spaces exceeding 100 feet across,
without obstructions 6 feet above the finished floor, devices may be placed
around the perimeter, spaced a maximum of 100 feet apart, in lieu of
suspending appliances from the ceiling. Standards § 4.28.3.
Toilet Rooms at North Convention with Stalls (Men's and Women's). For each:
1) The toilet room lacks accessible signage. Provide a toilet room sign with
the International Symbol of Accessibility and raised and Braille characters.
The sign shall be mounted on the wall adjacent to the latch side of the
door with the centerline of tlhe sign at 60 inches above the finished floor
and situated such that a perspn can approach within 3 inches of the sign
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
D7 204-18-184 71
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, 4.30.7.
2) The toilet room door is inaccessible because the pressure required to open
the door is greater than 5 pounds. Provide a door that requires no more
than 5 pounds of force to open. Standards § 4.13.11(2)(b).
3) The paper towel dispenser is inaccessible because the controls are
mounted 61 '/2 inches above the finished floor. Provide a paper towel
dispenser with the controls a maximum height above the finished floor of
48 inches for a forward approach or 54 inches for a side approach and that
is accompanied by clear floor space of 30 by 48 inches that allows a
forward or parallel approach by a person using a wheelchair. Standards
§§ 4.27.2,4.27.3,4.2.4,4.2.5,4.2.6.
4) The lavatory is inaccessible because the hot water pipes are not insulated
or otherwise 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.
5) The lavatory is inaccessible because the hardware requires twisting of the
wrist to operate. Provide a lavatory with a faucet that can be operated with
5 pounds of force or less and can be used with one hand and without tight
grasping, pinching, or twisting of the wrist (lever -operated, push -type, and
electronically controlled mechanisms are examples of acceptable designs).
Standards §§ 4.19.5, 4.27.4.
6) There is no accessible stall provided. 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, coat hooks, and
dispensers, comply with the Standards. Standards § § 4.13, 4.16, 4.17,
4.26, 4.27, Fig. 30.
J. Dressing Room
1) The signage provided is inaccessible. Provide permanent room signage
with upper case, sans serif or simple serif type letters and numerals,
meeting the requirements of the Standards for character height, raised
characters, finish and contrast, accompanied by Grade 2 Braille; mounted
on the wall adjacent to the latch side of the door or on the nearest adjacent
wall at a height of 60 inches above the finished floor to the centerline of
the sign; and located so that a person may approach within 3 inches of the
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 72
signage without encountering protruding objects or standing within the
swing of a door. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
2) The bench in the dressing room is not attached to the wall. 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.
K. Toilet Rooms at Dressing Rooms ##f3 and 4
1) Men's and Women's. For each:
a) The toilet room lacks accessible signage. Provide a toilet room
sign with the International Symbol of Accessibility and raised and
Braille characters. The sign 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, 4.30.7.
b) No visual alarm appliance is provided in this toilet room. If the
facility contains an emergency alarm system, provide visual alarm
devices in toilet rooms and any other general usage areas (e.g.,
meeting rooms), hallways, lobbies, and any other area for common
use. Such devices shall be integrated into the facility alarm system
and shall meet the requirements of the Standards for lamp type,
color, pulse duration, intensity, and flash rate. Visual alarm
appliances shall be placed 80 inches above the highest floor level
within the space or 6 inches below the ceiling, whichever is lower.
Visual alarm appliances shall be located such that no place in any
room or space, including common corridors or hallways, required
to have a visual alarm appliance shall be more than 50 feet from
the signal. In large rooms and spaces exceeding 100 feet across,
without obstructions 6 feet above the finished floor, devices may
be placed around the perimeter, spaced a maximum of 100 feet
apart, in lieu of suspending appliances from the ceiling. Standards
§ 4.28.3.
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 73
c) No accessible mirror has been provided. Provide a mirror with the
bottom edge of its reflecting surface no more than 40 inches above
the finished floor. Standards § 4.19.6.
d) The toilet is inaccessible because there is insufficient clear floor
space. Provide clear floor space that complies with Fig. 30 at the
toilet. Standards § 4.17.3, Fig. 30.
e) The toilet is inaccessible because the top of the seat is 21 inches
above the finished floor. Provide a toilet with a seat that is 17 to
19 inches above the finished floor. Standards § § 4.16.3, 4.17.2,
Fig. 30(d).
f) The toilet paper dispenser is inaccessible because it is not mounted
under the grab bar. Provide a toilet paper dispenser that is
mounted with its top at least 1'/2 inches underthe side grab bar and
36 inches or less from the rear wall and is centered at least 19
inches above the finished floor. Standards § 4.17.3, Fig. 30(d).
g)
There is no rear grab bar provided at the toilet. 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 1'/4 and 1 %z
inches; with 1'/2 inches between the grab bar and the wall; and at
least 1'/2 inches between the grab bar and any other object, such as
a toilet seat cover dispenser. Standards §§ 4.17.6, 4.26.2, Fig. 30.
h) No accessible coat hook has been provided. 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.
2) Men's Only:
a) The toilet room door is inaccessible because it is less than 32
inches wide and knob hardware is used. Provide a door with a
clear opening at least 32 inches wide when measured from the face
of the door to the opposite stop when the door is opened 90 degrees
and with hardware usable with one hand and without tight
grasping, pinching, or twisting of the wrist. Lever -operated, push -
type, and U-shaped handles are acceptable designs. Standards
§§ 4,13.5, 4.13.9.
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 74
b) The toilet is inaccessible because its centerline is 17 inches from
the side wall. Provide a toilet with a centerline that is 18 inches
from the near side wall. Standards § 4.17.3, Fig. 30.
c) The toilet is inaccessible because the 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 § § 4.16.5, 4.17.2,
4.27,4.
d) The coat hook protrudes into the main walkway 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
§ 4.4.
3) Women's Only:
a) The toilet room door has knob hardware. Provide a door with
hardware usable with one hand and without tight grasping,
pinching, or twisting of the wrist. Lever -operated, push -type, and
U-shaped handles are acceptable designs. Standards §§ 4,13.5,
4.13.9.
b) The paper towel dispenser is inaccessible because the controls are
mounted at 70 inches above the finished floor. Provide a paper
towel dispenser with the controls a maximum height above the
finished floor of 48 inches for a forward approach or 54 inches for
a side approach and that is accompanied by clear floor space of 30
by 48 inches that allows a forward or parallel approach by a person
using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.
L. Drinking Fountain in Dressing Room #3
1) The floor -mounted drinking fountain has a spout that is more than 36
inches above the finished floor and it lacks sufficient knee space. Provide
a fountain that has a spout height no higher than 36 inches, measured from
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 75
the finished floor or ground surface to the spout outlet, and that otherwise
complies with the Standards. Standards §§ 4.15, 4.27.4, Fig. 27.
2) The drinking fountain is inaccessible because the fountain is not 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
§ 4.4.
M. Men's 3rd Floor Shower #3. The shower in the men's room is inaccessible
because there is a 5 inch curb at the shower entrance. 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.
N. Office doors have knob hardware. At each door used by the public, provide a
door with hardware usable with one hand and without tight grasping, pinching, or
twisting of the wrist. Lever -operated, push -type, and U-shaped handles are
acceptable designs. Standards § 4.139.
O. Women's 3rd Floor Shower #4
1) The shower in the women's room is inaccessible. 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.
2) No accessible shower hook has been provided. Provide a shower hook at a
maximum height above the finished floor of 48 inches for a forward
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 76
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.
32. Within 24 months of the effective date of this Agreement, the City will complete the
following modifications to Legion Memorial Park, located at 6447 NE 7th Avenue:
A. Parking and Accessible Route
1) There is no van accessible space provided and the signage designating
parking as reserved for persons with disabilities is too low. On the
shortest accessible route to the accessible entrance, provide at least 1 van
accessible space a minimum of 96 inches wide, served by access aisles at
least 96 inches wide, with vertical signs with the International Symbol of
Accessibility located such that they cannot be obstructed by parked
vehicles, and with an additional "Van -Accessible" sign located below the
International Symbol of Accessibility. Standards §§ 4.1.2(5)(b), 4.6,
4.30.7(1).
2) There is no accessible route onto the stage in the Recreation Hall. Provide
an accessible route connecting the wheelchair seating locations to all
spaces used by performers. Standards §§ 4.3, 4.33.5.
3) The routes from parking reserved for persons with disabilities to the
playground, picnic tables, grills, and basketball courts are inaccessible.
Provide at least one accessible route within the boundary of the site
connecting each of 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 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 §§ 4.3, 4.5, Fig. 7.
4) 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 §§ 4.32.3, 4.32.4.
Attachment K to Settlement Agreement between the UnitedStatesof America and the City of Miami, Florida in
DJ204-18-184
5) None of the play equipment is usable by children with disabilities. Ensure
program access by providing at least one piece of play equipment that is
on an accessible route and has a transfer platform to enable children who
use wheelchairs to use it.
6) There is no access for people with disabilities to the second level
classroom. Establish a procedure for providing access to programs that
would otherwise be held in upper levels of the facility or install ramps,
platform lifts, or an elevator in compliance with the Standards. Any
procedure shall not require lifting or carrying persons with mobility
impairments or require them to traverse unnecessary or extreme distances,
Standards §§ 4.33.5, 4.3.8, 4.8, 4.11.
B. Toilet Rooms with Stalls
1) Men's and Women's. For each:
a) The lavatory is inaccessible because the hot water pipes are not
insulated or otherwise 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.
b) No accessible coat hook has been provided. 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.
2) Men's Only: The paper towel dispenser protrudes into the main walkway
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 § 4.4.
33. Within 36 months of the effective date of this Agreement, the City will complete the
following modifications to Lammas Park, located at 404 NW 3rd Street:
A. Parking: Although the parking lot has a total of 4 parking spaces, there is no van
accessible parking provided. On the shortest accessible route to the accessible
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 78
entrance, provide 1 van accessible space designated as reserved for people with
disabilities. Ensure that standard accessible spaces are a minimum of 96 inches
wide and served by access aisles at least 60 inches wide. 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. The routes to the drinking fountain, pavilion, and bar-b-que areas are inaccessible.
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 % 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 § § 4.3, 4.5, Fig. 7.
C. Exterior Entrance and Doors: The entrance doors are inaccessible because knob
hardware is used. Provide a door with hardware that is easy to grasp with one
hand and that does not require tight grasping, pinching, or twisting of the wrist to
operate. Lever -operated mechanisms, push -type mechanisms, and U-shaped
handles are acceptable designs. Standards § 4.13.9.
D. Toilet Rooms with Stalls
1) Men's and Women's. For each:
a) The toilet room lacks accessible signage. Provide a toilet room
sign with raised and Braille characters. The sign 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.
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 79
b) No visual alarm appliance is provided in this toilet room. If
the facility contains an emergency alarm system, provide
visual alarm devices in toilet rooms and any other general
usage areas (e.g., meeting rooms), hallways, lobbies, and
any other area for common use. Such devices shall be
integrated into the facility alarm system and shall meet the
requirements of the Standards for lamp type, color, pulse
duration, intensity, and flash rate. Visual alarm appliances
shall be placed 80 inches above the highest floor level within
the space or 6 inches below the ceiling, whichever is lower.
Visual alarm appliances shall be located such that no place
in any room or space, including common corridors or
hallways, required to have a visual alarm appliance shall be
more than 50 feet from the signal. In large rooms and
spaces exceeding 100 feet across, without obstructions 6
feet above thefinished floor, devices may be placed around
the perimeter, spaced a maximum of 100 feet apart, in lieu
of suspending appliances from the ceiling. Standards
§ 4.28.3.
2) Women's Only:
a) The paper towel dispenser protrudes into the main walkway 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 § 4.4.
b) Toilet Stall for Persons with Disabilities
(1)
The 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 § § 4.16.5,
4.17.2, 4.27.4.
(2) No accessible coat hook has been provided. 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
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 80
(3)
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.
The lavatory in the designated accessible stall is
inaccessible because the hot water pipes are not insulated or
otherwise 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.
E. Drinking Fountain: Although an accessible drinking fountain is provided, there is
no drinking fountain provided for people who have difficulty bending or stooping.
Provide a drinking fountain that is accessible to people who have difficulty
bending or stooping. This can be accommodated by the use of a "hi -la" fountain;
by providing.one fountain accessible to those who use wheelchairs and one
fountain at a standard height convenient for those who have difficulty bending; by
providing a fountain accessible to people who use wheelchairs and a cup
dispenser, or by such other means as would achieve the required accessibility for
each group of people. Standards § 4.1.3(10)(a).
34. Within 36 months of the effective date of this Agreement, the City will complete the
following modifications to Manuel Artime Community Center, located at 970 SW 1s`
Street
A. Elevator in Vestibule
1) The fire extinguisher box in the elevator vestibule protrudes into the
walkway and would not be detectable to a blind person using a cane.
Provide a circulation path 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. Providing a cane -detectable barrier is an
acceptable solution. Standards § 4.4.
2) The elevator is inaccessible because it lacks audible and visual hall arrival
signals. Provide visual car position indicators above the car control panel
or over the door to show the position of the elevator in the hoistway.
Ensure that indicators emit an audible and visual signal as the car passes or
stops at a floor served by the elevator, with the corresponding floor
designation being illuminated; and that numerals are a minimum of 'A inch
high. Standards § 4.10.13.
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 81
3) The elevator is inaccessible because the hall lanterns are not centered 72
inches above the finished floor. Provide hall lanterns at each hoistway
entrance that emit a visible and audible signal indicating which car is
answering a call. Ensure that audible signals sound once for the up
direction and twice for the down direction or have verbal annunciators that
say "up" or "down;" and that visible signals are mounted so that their
centerline is at least 72 inches above the lobby floor, they are at least 2'h
inches in the smallest dimension, and they are visible from the vicinity of
the hall call button. Lanterns located in cars, visible from the vicinity of
hall call buttons, and conforming to the above requirements, are
acceptable. Standards § 4.10.4, Fig. 20.
4) The elevator is inaccessible because the hall call button signals are not
visible from hall call button area. Provide hall (lobby) call buttons with
visual signals indicating when each call is registered and when each call is
answered. Ensure that the call buttons are centered at 42 inches above the
finished floor, a minimum of 3/4 inch in the smallest dimension, with the
button designating the up direction on top; that the call buttons are raised
or flush; and that objects mounted beneath hall call buttons do not project
into the elevator lobby more than 4 inches. Standards § 4.10.3, Fig. 20.
B. Signage: The interior permanent room signage is not accessible. Provide
permanent room signage with upper case, sans serif or simple serif type letters and
numerals, meeting the requirements of the Standards for character height, raised
characters, finish and contrast, accompanied by Grade 2 Braille; mounted on the
wall adjacent to the latch side of the door or on the nearest adjacent wall at a
height of 60 inches above the finished floor to the centerline of the sign; and
located so that a person may approach within 3 inches of the signage without
encountering protruding objects or standing within the swing of a door. Standards
§§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
35. Within 36 months of the effective date of this Agreement, the City will complete the
following modifications to Manuel Artime Community Center, located at 900 SW 15t
Street
A. Administrative Entrance
1) The building is inaccessible because there is no directional signage
directing people to the accessible entrance and there is no signage
indicating which is the accessible entrance. Provide accessible directional
signage with the International Symbol of Accessibility at inaccessible
entrances directing users to the accessible entrance, and provide accessible
signage with the International Symbol of Accessibility at all permanent
accessible entrances. Standards §§ 4.1.3(8)(d), 4.13, 4.30.
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 82
The double leaf entrance doors are inaccessible because each leaf is 28
inches wide. Provide a door at this location that has at least one active leaf
with a clear opening at least 32 inches wide when measured from the face
of the door to the middle edge of the other door when one door is opened
90 degrees and that has hardware usable with one hand and without tight
grasping, pinching, or twisting of the wrist QR provide an automatic door
opener that opens both doors simultaneously. Where no automatic opener
is provided, door hardware may be lever -operated, push -type, or a U-
shaped handle. Unless an automatic door operator is provided, there must
be clear and level maneuvering clearances at the pull side and the push
side of the active leaf as indicated in Fig. 25. The doors' threshold must
be %2 inch or less in height and beveled with a slope of no greater than 1:2.
If a door closer is provided, it must be set so that the sweep period of the
active leaf will, from an open position of 70 degrees, take 3 seconds to
move to a point 3 inches from the latch, measured to the leading edge of
the door. The active leaf must not take more than 5 pounds of force to
open or close. Standards § 4.13, Figs. 24, 25.
B. Administrative Area
1) There is no accessible permanent interior singage. Provide permanent
room signage with upper case, sans serif or simple serif type letters and.
numerals, meeting the requirements of the Standards for character height,
raised characters, finish and contrast, accompanied by Grade 2 Braille;
mounted on the wall adjacent to the latch side of the door or on the nearest
adjacent wall at a height of 60 inches above the finished floor to the
centerline of the sign; and located so that a person may approach within 3
inches of the signage without encountering protruding objects or standing
within the swing of a door. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
C. Levels. There is no access to upper levels of the facility for people with mobility
impairments. Establish a procedure for providing access to programs in upper
levels of the facility or install ramps, platform lifts, or an elevator in compliance
with the Standards. Any procedure shall not require lifting or carrying persons
with mobility impairments or require them to traverse unnecessary or extreme
distances. Standards §§ 4.33.5, 4.3.8, 4.8, 4.11.
D. Room 106
1) The door is inaccessible because knob hardware is used. Provide a door
with hardware that is easy to grasp with one hand and that does not require
tight grasping, pinching, or twisting of the wrist to operate. Lever -
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 83
operated mechanisms, push -type mechanisms, and U-shaped handles are
acceptable designs. Standards § 4.13.9.
2) The door is inaccessible because there is a greater than 'A inch unbeveled
threshold. Provide a door with a threshold no greater than 'A inch, or
between '/. inch and %s inch and beveled with a slope no greater than 1:2.
Standards §§ 4.13.8, 4.5.2.
E. Women's Single User Toilet Room
1) There is no signage directing people with disabilities to the accessible
toilet rooms. Provide accessible directional signage with the international
Symbol of Accessibility at inaccessible toilet rooms indicating the location
of the nearest accessible toilet room, and provide accessible signage with
the International Symbol of Accessibility at all accessible toilet rooms.
Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5,
4.30.7.
F. Office Business Area - For Theater Rental, etc.
1) Door
a) The door is inaccessible because it has an opening width of 29
inches. Provide a door with a clear opening of 32 inches with the
door open 90 degrees, measured between the face of the door and
the opposite stop. Standards § 4.13.5, Fig. 24. Alternatively, the
City will provide program access through alternate means, such as
meeting with persons with disabilities in a nearby conference room
if they are not able to maneuver through the office doors.
2) Drinking Fountain (old, free standing unit)
a) The drinking fountain has a spout that is 41 % inches above the
finished floor. Provide a fountain that has a spout height no higher
than 36 inches, measured from the finished floor or ground surface
to the spout outlet, and that otherwise complies with the Standards,
or provide a cup dispenser within accessible reach ranges.
Standards §§ 4.15, 4.27.4, Fig. 27.
b) The drinking fountain is inaccessible because the controls require
11 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 lbf or less to operate, and that can be
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 84
operated without tight grasping, pinching, or twisting of the wrist.
Standards §§ 4.15.4, 4.27.4.
3) Wall Mounted Defibrillator in Office
a) The defibrillator protrudes into the walkway and would not be
detectable to a blind person using a cane. Provide a circulation
path 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. Providing a
cane -detectable barrier is an acceptable solution. Standards § 4.4.
G. Men's Single User Toilet Room - Near Office
1) The toilet room contains a number of inaccessible elements, including a
21 % inch door width, incorrect signage, and several other elements not
accessible to people with disabilities. Provide directional signage to an
accessible toilet room such that all of the room's elements, including
signage, door, door hardware, clear floor space, water closet, urinal (if
provided), grab bars, lavatory, mirror, controls, and dispensers, comply
with the Standards. Standards §§ 4.13, 4.16, 4.18, 4,19, 4.26, 4.27, 4.30,
Figs. 28, 29.
H. Main Entrance at 900 SW 1st Street Building - Main Theater Portion
1) The main entrance doors are inaccessible because there are stairs leading
up to the doors and there is no directional signage to the accessible
entrance. Provide accessible directional signage with the International
Symbol of Accessibility at inaccessible entrances directing users to the
accessible entrance, and provide accessible signage with the International
Symbol of Accessibility at all permanent accessible entrances. Standards
§§ 4.1.3(8)(d), 4.13, 4.30.
I. Drinking Fountain in Main Lobby near Women's toilet
1) The fountain protrudes into the walkway and would not be detectable to a
blind person using a cane. Provide a circulation path 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
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 85
inches to 80 inches above the ground or finished floor. Providing a cane -
detectable barrier is an acceptable solution. Standards § 4.4.
2) The drinking fountain has a spout that is 37'/2 inches above the finished
floor and is 9 inches from the front of the fountain, and the water flow is 2
inches high. Provide at least one drinking fountain with a spout height
no higher than 36 inches, measured from the finished floor or ground
surface to the spout outlet; and a spout located at the front of the unit that
directs the water flow in a trajectory that is nearly parallel to the front of
the unit and is positioned so the flow of water is within 3 inches of the
front edge of the fountain and at least 4 inches high, or provide a cup
dispenser within accessible reach ranges. Ensure that fountain controls are
operable with one hand, require 5 lbf or less to operate without tight
grasping, pinching, or twisting of the wrist; and are front mounted or side
mounted near the front edge. Additionally, provide a drinking fountain
that is accessible to people who have difficulty bending or stooping. This
can be accommodated by the use of a "hi-lo" fountain; by providing one
fountain accessible to those who use wheelchairs and one fountain at a
standard height convenient for those who have difficulty bending; by
providing a fountain accessible to people who use wheelchairs and a cup
dispenser; or by such other means as would achieve the required
accessibility for each group of people. Standards §§ 4.15, 4.27.4, Fig. 27.
J. Women's Toilet Room with Stalls
1) The toilet room sign is mounted on the door. 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) The doors are inaccessible because knob hardware is used. Provide doors
with hardware that is easy to grasp with one hand and that does not require
tight grasping, pinching, or twisting of the wrist to operate. Lever -
operated mechanisms, push -type mechanisms, and U-shaped handles are
acceptable designs. Standards § 4.13.9.
3) The door, which is accessed through a front approach, is inaccessible
because it has only 8 inches of maneuvering clearance on the pull side. On
the pull side of the door, provide 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 § 4.13.6,
Fig, 25(a).
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 86
4) The door is inaccessible because the pressure required to open the door is
7 pounds. Provide a door that requires no more than 5 pounds of force to
open. Standards § 4.13.11(2)(b).
The door is inaccessible because it has an opening width of only 29 inches.
Provide a door with a clear opening of 32 inches with the door open 90
degrees, measured between the face of the door and the opposite stop.
Standards § 4.13.5, Fig. 24.
6) The door is inaccessible because there is a '/z inch unbeveled threshold.
Provide a door with a threshold no greater than 'A inch, or between VI inch
and inch and beveled with a slope no greater than 1:2. Standards
§§ 4.13.8, 4.5.2.
7) The lavatory is inaccessible because it has twist type faucets. Provide a
lavatory with a faucet that can be operated with 5 pounds of force or less
and can be used with one hand and without tight grasping, pinching, or
twisting of the wrist (lever -operated, push -type, and electronically
controlled mechanisms are examples of acceptable designs). Standards
§ § 4.19.5, 4.27.4.
8) The lavatory is inaccessible because the hot water pipes are not insulated
or otherwise 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.
9) The lavatory is inaccessible because the bottom edge of the apron is 27
inches above the finished floor. Provide a lavatory with the top of its rim
or counter 34 inches or less above the finished floor; the bottom edge of
the apron at least 29 inches above the finished floor; and knee and toe
clearances that comply with Fig. 31. Standards § 4.19.2, Fig. 31.
10) The toilet is inaccessible because there is insufficient clear floor space.
Provide clear floor space that complies with Fig. 30 at the toilet.
Standards § 4.17.3, Fig. 30.
11) No accessible coat hook has been provided in the stall designated as
accessible for people with disabilities. 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.
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 87
12) The toilet is inaccessible because its centerline measures 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.
13) The toilet is inaccessible because the 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 § § 4.16.5, 4.17.2, 4.27.4.
14) The toilet lacks a rear grab bar. 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 11/4 and 1'/Z inches; with 1 %2 inches between the grab bar
and the wall; and at least 1''/ inches between the grab bar and any object
beside or below it and at least 18 inches between the grab bar and any
object above it. Standards §§ 4.17.6, 4.26.2, Figs. 30, 39.
15) The toilet paper dispenser is inaccessible because it is not mounted under
the side grab bar on the closer wall. Provide a toilet paper dispenser that is
mounted with its top at least 1 % 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 § 4.17.3, Fig. 30(d).
16) The bench is inaccessible because it is 16 '/z inches wide. 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.
17) Although an audible alarm is provided in this facility, there is no visual
alarm appliance in the toilet room. Provide a visual alarm appliance in the
toilet room. Standards §§ 4.28.1, 4.28.3.
K. Table/shelf near men's toilet room
1) The table/shelf protrudes 11 inches into the walkway and would not be
detectable to a blind person using a cane. Provide a circulation path 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
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-I8-184 88
maximum from 27 inches to 80 inches above the ground or finished floor.
Providing a cane -detectable barrier is an acceptable solution. Standards
§ 4.4.
L. Men's toilet room with stalls
1) The toilet room sign is mounted on the door. Provide a toilet room sign
with the International Symbol of Accessibility and 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, 4.30.7.
2) The door is inaccessible because it is only 29 inches wide and has knob
hardware. Provide a door with a clear opening at least 32 inches wide
when measured from the face of the door to the opposite stop when the
door is opened 90 degrees and with hardware usable with one hand and
without tight grasping, pinching, or twisting of the wrist. Lever -operated,
push -type, and U-shaped handles are acceptable designs. Standards
§§ 4.13.5, 4.13.9.
3) The is inaccessible because there is a'/2 inch threshold that is not beveled.
Provide a door with a threshold no greater than'/a inch, or between'/, inch
and 'A inch and beveled with a slope no greater than 1:2. Standards
§§ 4.13.8, 4.5.2.
4) The door, which is accessed from the latch side of the door, is inaccessible
because it has only 6 '/2 inches of maneuvering clearance. On the pull side
of the door, provide a path of travel at least 48 inches wide for a side
approach and at least 24 inches of clear maneuvering space adjacent to the
latch side of the door. Standards § 4.13.6, Fig. 25(c).
5) The door is inaccessible because the pressure required to open the door is
8 pounds. Provide a door that requires no more than 5 pounds of force to
open. Standards § 4.13.11(2)(b).
6) The toilet room entrance area is at the bottom landing of a ramp and is
inaccessible because the landing is only 30'/2 inches by 57 inches wide.
Provide level landings at the top and bottom of the ramp that are at least as
wide as the ramp and at least 60 inches long. If the ramp changes
direction, provide a level landing measuring at least 60 inches by 60 inches
at the change in direction. OR provide an automatic opener for the door.
Standards §§ 4.3.8, 4.8.
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 89
7) The lavatory is inaccessible because the hot water pipes are not insulated
or otherwise 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.
8) The lavatory is inaccessible because the faucets require twisting to operate.
Provide a lavatory with a faucet that can be operated with 5 pounds of
force or less and can be used with one hand and without tight grasping,
pinching, or twisting of the wrist (lever -operated, push -type, and
electronically controlled mechanisms are examples of acceptable designs).
Standards §§ 4,19.5, 4.27.4.
9) The lavatory is inaccessible because the bottom edge of the apron is 27
inches above the finished floor. Provide a lavatory with the top of its rim
or counter 34 inches or less above the finished floor; the bottom edge of
the apron at least 29 inches above the finished floor; and knee and toe
clearances that comply with Fig. 31. Standards § 4.19.2, Fig. 31.
10) The toilet is inaccessible because there is insufficient clear floor space.
Provide clear floor space that complies with Fig. 30 at the toilet,
Standards § 4.17.3, Fig. 30.
11) The toilet lacks a rear grab bar. 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 1'/ and 1 % inches; with 1'/% inches between the grab bar
and the wall; and at least 1' inches between the grab bar and any object
beside or below it and at least 18 inches between the grab bar and any
object above it. Standards §§ 4.17.6, 4.26.2, Figs. 30, 39.
12) The toilet is inaccessible because its centerline measures 19 1/4 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.
13) The toilet paper dispenser is inaccessible because it is not mounted under
the side grab bar on the closer wall. Provide a toilet paper dispenser that is
mounted with its top at least 1'/z 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 § 4.17.3, Fig. 30(d).
14) Although an audible alarm is provided in this facility, there is no visual
alarm appliance in the toilet room. Provide a visual alarm appliance in the
toilet room. Standards §§ 4.28.1, 4.28.3.
Attachment K to Settlement Agreement between the United States of America and the City of Miami, Florida in
DJ 204-18-184 90