SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

AQUA TURF CLUB

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ# 202-14-114

  1. The Parties to this Settlement Agreement are the United States of America (“United States“) and the Aqua Turf Club (“Aqua Turf”).
  2. The United States is authorized to investigate alleged violations of title III of the Americans with Disabilities Act (“ADA”), and to bring a civil action in federal court if the United States is unable to secure voluntary compliance. 42 U.S.C. § 12188( a)(2) and 12188(b).
  3. Aqua Turf is a banquet facility that can accommodate events of up to 2000 people, a covered entity under Title III of the ADA. Title III of the ADA prohibits discrimination against any individual with a disability, on the basis of their disability, in places of public accommodation. As a part of compliance with the ADA, covered entities must, where readily achievable, remove physical barriers to access.
  4. This matter began with a complaint filed with the United States alleging that Aqua Turf violated Title III of the ADA, 42 U.S.C. §§ 12181-12189.
  5. The complaint alleged that Aqua Turf contained architectural barriers to access by individuals with disabilities, and that it would be readily achievable for Aqua Turf to remove these barriers. See 28 C.F.R. § 36.304. In particular, the complaint alleged that the restrooms in the banquet halls are not accessible to patrons who use wheelchairs.
  6. The United States Attorney’s Office conducted an investigation and on-site inspection of Aqua Turf’s facility on June 23, 2011, which primarily focused on the restrooms, bars, entrances, and routes to and within the four main event rooms at the Aqua Turf Club, known as The Glass Room, The Wagon Room, Kay’s Pier South and Kay’s Pier North.
  7. The United States identified a number of ADA violations in a letter of findings to Aqua Turf dated July 22, 2011. The majority of these were physical barriers found in the restrooms of Aqua Turf. A complete list of violations can be found in Appendices A & B of this Agreement.
  8. In response to the Complaint and following the United States’ investigation, Aqua Turf Club has made and has agreed to continue to make renovations to comply with the ADA’s requirements.
  9. The parties now desire to resolve this matter consistent with this Agreement, including all matters in controversy between them which were, or could have been, asserted in the Complaint.
  10. Aqua Turf’s participation in this Settlement Agreement shall not constitute or be construed as an admission of liability. Aqua Turf expressly denies that it has violated any law, engaged in any practice of discrimination or denied equal opportunity to individuals with disabilities or those associated with such individuals.
  11. In consideration of the terms of this Settlement Agreement, the United States agrees to refrain from undertaking further action in this case, except as provided in Paragraphs N & O.
  12. Consistent with the ADA, Aqua Turf will not discriminate against any individual on the basis of disability, including those with mobility disabilities, in the full and equal enjoyment of its facilities and services, including by refusing to remove physical barriers to access wherever necessary to avoid discrimination and to the extent readily achievable under the ADA.
  13. The removal of physical barriers to access shall be accomplished through modifications to the plumbing, hardware, layout, signage, and entrances, inter alia, of the public restrooms at Aqua Turf’s facility. The physical barriers listed in Appendix A with respect to Kay’s Pier North and South, have been removed and have been found to be in compliance with the applicable ADA requirements. Aqua Turf shall maintain compliance with ADA requirements should the statute or the Standards be changed at any future time.
  14. The physical barriers to access listed in Appendix B relating to the Wagon Room and Glass Room, have not been removed, and Aqua Turf shall remove these barriers. Appendix B recites the violations originally found by the United States with respect to the toilet rooms in the Wagon Room and Glass Room under the 1991 ADA Standards, with respect to those areas investigated. However, because Aqua Turf plans to make these renovations after March 15, 2012, the Aqua Turf must comply with the 2010 ADA Standards, which have been added to column 2 of Appendix B. Aqua Turf shall submit to the United States an Initial Plan for the removal of the barriers listed in Appendix B no later than August 1, 2012. The United States will then review the Initial Plan to ensure it is an acceptable solution for removal of non-ADA compliant barriers to access. Upon approval of the Initial Plan by the United States, which approval shall not be unreasonably denied, the Aqua Turf shall make the required changes by March 15, 2013. Once these barriers are removed, it will be incumbent upon Aqua Turf to maintain compliance with ADA requirements if the statute or the Standards are amended or updated at any future time.
  15. The United States may review compliance with this Agreement at any time. If the United States believes that Aqua Turf has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the United States for a modification of the relevant terms, the United States will so notify Aqua Turf in writing and the Parties will attempt to resolve the issue or issues in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within thirty (30) days of the date it provides notice to Aqua Turf, it may institute a civil action in federal district court to enforce the terms of this Agreement or the requirements of Title III of the ADA.
  16. Failure by the United States to enforce this Agreement with respect to any deadline or other provision herein will not be construed as a waiver of the United States’ right to enforce other deadlines and provisions of this Agreement.
  17. A copy of this document or any information contained in it will be made available to any person on request by Aqua Turf or the United States.
  18. This Agreement constitutes the entire agreement between the Parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments, which are hereby incorporated by reference), will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect Aqua Turf’s continuing responsibility to comply with all aspects of the ADA.
  19. This Agreement shall be binding on Aqua Turf, its agents and employees. In the event Aqua Turf seeks to transfer or assign all or part of its interest in any facility covered by this Agreement, and the successor or assignee intends to carry on the same or similar use of the facility, as a condition of sale Aqua Turf shall obtain the written accession of the successor or assignee to any obligations remaining under this Agreement for the remaining term of this Agreement.
  20. The Agreement shall remain in effect for three years.
  21. This Agreement may be executed in counterparts which, when taken together as a whole, shall constitute the complete document, and a facsimile, copy or pdf signature shall have the same force and effect as an original signature.
  22. The effective date of the Agreement is the date of the last signature below.

FOR AQUA TURF CLUB, INC:

___________________________

JOSEPH CALVANESE, JR.

President

Aqua Turf Club

P.O. Box 23, 556 Mulberry Street

Plantsville, CT 06479

Tel: (860) 621-9335

Fax: (860) 276-9966

www.aquaturfclub.com

Dated: 5/21/12

 

___________________________

CHRISTOPHER CALVANESE

Vice President

P.0. Box 23,556 Mulberry St.

Plantsville, CT 06479

Tel: (860) 621-9335

Fax: (860) 276-9966

www.aquaturfclub.com

Dated: 5/21/12

 

FOR THE UNITED STATES OF AMERICA:

 

DAVID B. FEIN

UNITED STATES ATTORNEY

___________________________

LISA E. PERKINS

Assistant United States Attorney

450 Main Street, Room 328

Hartford, CT 06103

Tel: (860) 947-1101

Fax: (860) 760-7979

lisa.perkins@usdoj.gov

Dated: 5/22/2012

Appendix A

As stated in the Settlement Agreement the following violations were discovered and documented by the United States in connection with the investigation into Aqua Turf Club’s ADA compliance. The violations listed in this Appendix A have been found to have been remedied by the United States. Responsibility for future compliance, in the face of changing ADA legislation and Standards, rests solely with Aqua Turf.

1991 ADA Standards

Area & Description of Standard

Violation
  General  
4.1.3(7), 4.13.8; 4.1.6(3)(d)(ii) Thresholds at doorways shall not exceed 3/4 inch in height for sliding doors or 1/2 inch for other types of doors. Raised thresholds and floor level changes at accessible doorways shall be beveled with a slope of no more than 1:2. Note that for existing facilities, thresholds of 3/4 in. or less may remain so long as they are beveled on each side. The threshold at the entry into the Glass Room is approximately 1 inch in height.
4.1.3(7), 4.13.11 The maximum force for pushing or pulling open a door shall not exceed 5 pounds of force The entry door into the Glass Room requires excessive force to open. Other doors, including those to all toilet rooms, should be checked with a measuring tool for this purpose.
4.1.3(11), 4.22 All public and common-use toilet rooms, including common-use employee toilet rooms, must be accessible The toilet rooms in the Glass Room, Wagon Room, and Kay’s Pier South and North, which are common-use toilet rooms, are not accessible.
4.1.6(3)(e)(iii), 4.1.2(7)(d), 4.30.7 When not all toilet rooms are accessible, each accessible toilet room must be identified by an International Symbol of Accessibility (ISA) and signage shall be provided at inaccessible toilet rooms that directs one to the nearest accessible toilet room. None of the toilet rooms has an ISA and there is no signage that directs one to the nearest accessible toilet room.
4.1.3(1), 4.3.7, 4.8.2 The running slope of a ramp (direction of travel) cannot exceed 8.33%. The ramp slope between the dining and bar areas in the Wagon Room exceeds 8.33%.
4.1.3(1), 4.3.7, 4.8.5 Ramp handrails must extend at least 12" over the landings. The extensions must be level. The ramp in the Wagon Room does not meet this requirement.
4.1.3(1), 4.3.7, 4.8.5 Ramp must have handrails on both sides. The ramp in the Wagon Room does not have handrails on both sides.
7.2(1) There are several service and retail counters with cash registers throughout the facility that are for sales and distribution of goods. A 36"-wide portion of each type of counter must be no higher than 36". The bars and service counters in the Glass Room, Wagon Room, and Kay’s Pier South & North are inaccessible.
  Kay’s Pier South - Women’s Toilet Room  
4.1.3(14), 4.28.1 Buildings with visual alarms must have visual alarms in the toilet rooms. The building has visual alarms. However, there is no visual alarm in the women’s toilet room.
4.1.3(16)(a), 4.30.4 Room identification signs must have raised characters and have messages repeated in Braille. The women’s toilet room sign does not have raised letters or Braille.
4.1.3(16)(a), 4.30.6 Center of room identification signs must be exactly 60" above the floor and mounted adjacent to the latch side of the door. The toilet room sign does not meet these requirements.
4.1.3(7), 4.13.6 Where there is a forward approach to entry door to the toilet room, there must be at least 18 inches of level and clear floor space to the latch side of the door, to allow a wheelchair user to get out of the way of the door swing. The entry door to the women’s toilet room does not have at least 18 inches of level and clear floor space to the latch side of the door.
4.1.3(11), 4.22.4, 4.16, 4.26 There are at least 6 stalls in this toilet room. Therefore, at least one must comply with the ambulatory stall requirements. An ambulatory stall is a 36" wide stall with parallel grab bars to either side of the toilet, to accommodate a person who uses a walker, crutches or other mobility device. The ambulatory stall is required in addition to, not instead of, the standard wheelchair accessible stall. The women’s toilet room in Kay’s Pier South has 6 stalls, including one standard “accessible” stall (but which for reasons noted below does not meet ADA requirements), but no additional ambulatory stall.
4.1.3(11), 4.22.4, 4.17.5, 4.13.6 There is a latch side approach to the standard stall door, which swings out into the clear floor space. The maneuvering space to the latch side must be 42" deep. The maneuvering space to the latch side of the “accessible” stall door is only 4".
4.1.3(11), 4.22.4, 4.17.3 If the toilet is floor-mounted, the accessible stall must be at least 59" deep by 60" wide. The “accessible” stall in the women’s toilet room is only 42" wide.
4.1.3(12)(a), 4.25.3; 4.2.5 If coat hook is provided, it must be 48" above the floor or lower The coat hook provided in the women’s toilet room “accessible” stall is mounted 58" above the floor.
4.1.3(11), 4.22.4, 4.17.3 The center of the toilet must be 18" from the closest side wall or partition. The center of the toilet is 19.5" from the closest side wall or partition.
4.1.3(11), 4.22.4, 4.17.2, 4.16.5 The flush control must be on the open side (the wide side of the toilet area where clear floor space is required). The flush control is not mounted on the open side, but rather on the side near the side grab bar.
4.1.3(11), 4.22.4, 4.17.6 The toilet paper dispenser must be mounted at least 19" above the floor but under the side grab bar and the front edge of the dispenser must be 36" or less away from the back wall. The toilet paper dispenser is not mounted under the side grab bar but rather on the opposite wall and the front edge of the dispenser is 40" away from the back wall.
4.1.3(11), 4.22.4, 4.17.6 The rear grab bar must be at least 36" long. The rear grab bar in the “accessible” stall is only 30" long.
4.1.3(11), 4.22.6, 4.19.2 In order to be accessible, the bottom edge of the apron or counter to the lavatory (also called “sink”) must be 29" or higher above the floor, and the top of the sink rim or counter must be 34" or less above the floor. The bottom edge of the apron under the “accessible” sink in the women’s toilet room is approximately 25.5" above the floor, and not 29" or higher above the floor.
4.1.3(11), 4.22.6, 4.19.2 The knee clearance between the lowest part (underside) of the sink basin and the floor must be at least 27" off the floor. The knee clearance between the lowest part of the sink basin and the floor is only 24.5" off the floor.
Removed    
4.1.3(11), 4.22.6, 4.19.2 The toe clearance between pipes and wall should be no more than 6"deep. The toe clearance between pipes and wall is 8" deep.
4.1.3(11), 4.22.6, 4.19.3, 4.2.4 There must be a clear floor space in front of the lavatory that measures 30" wide by 48" deep, providing a forward approach. The floor space in front of the lavatory is obstructed by a trash can which protrudes 12" into the clear floor space.
4.1.3(11), 4.22.6, 4.19.4 Pipes (drain and hot water) under the lavatory must be insulated or configured to protect a person from burns and from sharp or abrasive edges. The pipes under the lavatory are not insulated.
  Kay’s Pier South - Men’s Toilet Room  
4.1.3(14), 4.28.1 Buildings with visual alarms must have visual alarms in the toilet rooms. The building has visual alarms. However, there is no visual alarm in the men’s toilet room.
4.1.3(16)(a), 4.30.4 Room identification signs must have raised characters and have messages repeated in Braille. The toilet room sign does not have raised letters or Braille.
4.1.3(16)(a), 4.30.6 Center of room identification signs must be exactly 60" above the floor, and mounted adjacent to the latch side of the door. The toilet room sign does not meet these requirements.
4.1.3(7), 4.13.6 Where there is a forward approach to entry door to the toilet room, there must be at least 18 inches of level and clear floor space to the latch side of the door, to allow a wheelchair user to get out of the way of the door swing. The entry door to the men’s toilet room does not have at least 18 inches of level and clear floor space to the latch side of the door.
4.1.3(11), 4.22.4, 4.17.3 If the toilet is floor-mounted, the accessible stall must be at least 59" deep by 60" wide. The “accessible” stall in the men’s toilet room is only 58" deep and 40" wide.
4.1.3(11), 4.22.4, 4.17.5, 4.13.6 If the stall door swings out of the stall, the door’s pull side must have 18" of clear maneuvering space on the latch side of the door. The clear maneuvering space on the latch side of the “accessible” stall door is not sufficient.
4.1.3(11), 4.22.4, 4.17.5, 4.13.9 The stall door hardware must be operable without tight grasping, pinching, or twisting of the wrist. There is no latch on the outside of the stall door that can be used to open it.
4.1.3(12)(a), 4.25.3, 4.2.5, If coat hook is provided, it must be 48" above the floor or lower The coat hook provided is mounted 64" above the floor.
4.1.3(11), 4.22.4, 4.17.3 The center of the toilet must be 18" from the closest side wall or partition. The center of the toilet is 19.5" from the closest side wall or partition.
4.1.3(11), 4.22.4, 4.17.2, 4.16.5 The flush control must be on the open side (the wide side of the toilet area where clear floor space is required). The flush control is not mounted on the open side.
4.1.3(11), 4.22.4, 4.17.6 The toilet paper dispenser must be mounted at least 19" above the floor but under the side grab bar and the front edge of the dispenser must be 36" or less away from the back wall. The toilet paper dispenser is not mounted under the side grab bar.
4.1.3(11), 4.22.4, 4.17.6 The side grab bar must be mounted on the side wall that is closest to the toilet. The side grab bar is mounted on the opposite side farthest from the toilet.
4.1.3(11), 4.22.4, 4.17.6 The height of both grab bars (measured to the center of the bar) must be between 33"-36" above the floor. Both the rear and side grab bars are mounted only 30" to 31" above the floor.
4.1.3(11), 4.22.5, 4.18.2 Urinals shall be stall-type or wall-hung with an elongated rim at a maximum of 17" above the finish floor. The rim on the urinal in the men’s toilet room is 19" above the finish floor.
4.1.3(11), 4.22.5, 4.18.3 There must be a clear floor space in front of the urinal of at least 30" width and 48" deep allowing a forward approach. The clear floor space in front of the urinal appears to be obstructed by a sink/lavatory to the left such that there is not sufficient width for a forward approach.
4.1.3(11), 4.22.5, 4.18.4, Flush controls for accessible urinals shall be mounted no more than 44" above the finish floor. The flush control is mounted higher than 46.5" above the finish floor.
4.1.3(11), 4.22.6, 4.19.2 In order to be accessible, the bottom edge of the apron or counter to the lavatory (also called “sink”) must be 29" or higher above the floor, and the top of the sink rim or counter must be 34" or less above the floor. The bottom edge of the apron under the “accessible” sink in the men’s toilet room is approximately 27" above the floor.
4.1.3(11), 4.22.6, 4.19.2 The knee clearance between the lowest part (underside) of the sink basin and the floor must be at least 27" off the floor. The knee clearance between the lowest part of the sink basin and the floor is only 23" off the floor.
removed    
4.1.3(11), 4.22.6, 4.19.3, 4.1.3(2), 4.4.1 There must be a clear floor space in front of the lavatory that measures 30" wide by 48" deep, providing a forward approach. Also, objects may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor. The floor space in front of the lavatory is obstructed by a hand dryer mounted more than 27" above the floor, which protrudes about 10" into the clear floor space.
4.1.3(2), 4.4.1 Objects protruding from walls with their leading edges between 27 inches and 80 inches above the finish floor shall protrude no more than 4 inches into the circulation paths. The clear floor space approaching the soap dispenser provided near the “accessible” lavatory is obstructed by a hand dryer mounted more than 27" above the floor, which protrudes about 10" into the clear floor space.
  Kay’s Pier North - Women’s Toilet Room  
4.1.3(14), 4.28.1 Buildings with visual alarms must have visual alarms in the toilet rooms. The building has visual alarms. However, there is no visual alarm in the women’s toilet room.
4.1.3(16)(a), 4.30.4 Room identification signs must have raised characters and have messages repeated in Braille. The women’s toilet room sign does not have raised letters or Braille.
4.1.3(16)(a), 4.30.6 Center of room identification signs must be exactly 60" above the floor and mounted adjacent to the latch side of the door. The toilet room sign does not meet these requirements.
4.1.3(7), 4.13.6 Where there is a forward approach to entry door to the toilet room, there must be at least 18 inches of level and clear floor space to the latch side of the door, to allow a wheelchair user to get out of the way of the door swing. The entry door to the women’s toilet room does not have at least 18 inches of level and clear floor space to the latch side of the door.
4.1.3(11), 4.22.4, 4.16, 4.26 There are at least 6 stalls in this toilet room. Therefore, at least one must comply with the ambulatory stall requirements. An ambulatory stall is a 36" wide stall with parallel grab bars to either side of the toilet, to accommodate a person who uses a walker, crutches or other mobility device. The ambulatory stall is required in addition to, not instead of, the standard wheelchair accessible stall. The women’s toilet room has 6 stalls, including one standard “accessible” stall (but which for reasons noted below does not meet ADA requirements), but no additional ambulatory stall.
4.1.3(11), 4.22.4, 4.17.3 If the toilet is floor-mounted, the accessible stall must be at least 59" deep by 60" wide. The “accessible” stall in the women’s toilet room is only 43" wide and 57" deep.
4.1.3(12)(a), 4.25.3; 4.2.5; If coat hook is provided, it must be 48" above the floor or lower The coat hook provided in the women’s toilet room “accessible” stall is mounted 62" above the floor.
4.1.3(11), 4.22.4, 4.17.3 The center of the toilet must be 18" from the closest side wall or partition. The center of the toilet is 20" from the closest side wall or partition.
4.1.3(11), 4.22.4, 4.17.2, 4.16.5 The flush control must be on the open side (i.e., the wide side of the toilet area where clear floor space is required). The flush control is not mounted on the open side but rather the side near the grab bar.
4.1.3(11), 4.22.4, 4.17.6 The toilet paper dispenser must be mounted at least 19" above the floor but under the side grab bar and the front edge of the dispenser must be 36" or less away from the back wall. The toilet paper dispenser is not mounted under the side grab bar but rather on the opposite wall and the front edge of the dispenser is 41" away from the back wall.
4.1.3(11), 4.22.4, 4.17.6 The side grab bar must be at least 40" long. The side grab bar provided is only 36" long.
4.1.3(11), 4.2.24, 4.17.6 The end of the side grab bar furthest from the rear wall must be at least 52" from the rear wall. The end of the side grab bar furthest from the rear wall is only 43" from the rear wall.
4.1.3(11), 4.22.4, 4.17.6 The rear grab bar must be at least 36" long. The rear grab bar in the “accessible” stall is only 30" long.
4.1.3(11), 4.22.4, 4.17.6 The end of the rear grab bar must be 6" or less from the nearest side wall. The end of the rear grab bar is over 6" from the nearest side wall.
4.1.3(11), 4.22.6, 4.19.2 In order to be accessible, the bottom edge of the apron or counter to the lavatory (also called “sink”) must be 29" or higher above the floor, and the top of the sink rim or counter must be 34" or less above the floor. The bottom edge of the apron under the “accessible” sink in the women’s toilet room is approximately 24.5" above the floor.
4.1.3(11), 4.22.6, 4.19.2 The knee clearance between the lowest part (underside) of the sink basin and the floor must be at least 27" off the floor. The knee clearance between the lowest part of the sink basin and the floor is only 23" off the floor.
4.1.3(11), 4.22.6, 4.19.2 The knee clearance between the front edge of the apron and the lowest part of the (underside) of the basin must be at least 8" deep. The knee clearance is only 7" deep.
removed    
4.1.3(11), 4.22.6, 4.19.3, 4.2.4 There must be a clear floor space in front of the lavatory that measures 30" wide by 48" deep, providing a forward approach. The floor space in front of the lavatory is obstructed by a trash can which protrudes 12" into the clear floor space.
  Kay’s Pier North - Men’s Toilet Room  
4.1.3(14), 4.28.1 Buildings with visual alarms must have visual alarms in the toilet rooms. The building has visual alarms. However, there is no visual alarm in the men’s toilet room.
4.1.3(16)(a), 4.30.4 Room identification signs must have raised characters and have messages repeated in Braille. The women’s toilet room sign does not have raised letters or Braille.
4.1.3(16)(a), 4.30.6 Center of room identification signs must be exactly 60" above the floor, and mounted adjacent to the latch side of the door. The toilet room sign does not meet these requirements.
4.1.3(7), 4.13.6 Where there is a forward approach to entry door to the toilet room, there must be at least 18 inches of level and clear floor space to the latch side of the door, to allow a wheelchair user to get out of the way of the door swing. The entry door to the men’s toilet room does not have at least 18 inches of level and clear floor space to the latch side of the door.
4.1.3(11), 4.22.4, 4.17.3 If the toilet is floor-mounted, the accessible stall must be at least 59" deep by 60" wide. The “accessible” stall in the men’s toilet room is only 58" deep and 40" wide.
4.1.3(11), 4.22.4, 4.17.5, 4.13.6 If the stall door swings out of the stall, the door’s pull side must have 18 inches of clear maneuvering space on the latch side of the door. The clear maneuvering space on the latch side of the “accessible” stall door is not sufficient.
4.1.3(11), 4.22.4, 4.17.5, 4.13.9 The stall door hardware must be operable without tight grasping, pinching, or twisting of the wrist. There is no latch on the outside of the stall door that can be used to open it.
4.1.3(12)(a), 4.25.3, 4.2.5, If coat hook is provided, it must be 48" above the floor or lower The coat hook provided is mounted more than 48" above the floor.
4.1.3(11), 4.22.4, 4.17.3 The center of the toilet must be 18" from the closest side wall or partition. The center of the toilet is 17" from the closest side wall or partition.
4.1.3(11), 4.22.4, 4.17.2, 4.16.5 The flush control must be on the open side (the wide side of the toilet area where clear floor space is required). The flush control is not mounted on the open side.
4.1.3(11), 4.22.4, 4.17.6 The toilet paper dispenser must be mounted at least 19" above the floor but under the side grab bar and the front edge of the dispenser must be 36" or less away from the back wall. The toilet paper dispenser is not mounted under the side grab bar.
4.1.3(11), 4.22.4, 4.17.6 The side grab bar must be mounted on the side wall that is closest to the toilet. The side grab bar is mounted on the opposite side farthest from the toilet.
4.1.3(11), 4.22.4, 4.17.6 The side grab bar must be at least 40" long. The side grab bar provided is only 36" long.
4.1.3(11), 4.22.4, 4.17.6 The end of the side grab bar furthest from the rear wall must be at least 52" from the rear wall. The end of the side grab bar furthest from the rear wall is only 43" from the rear wall.
4.1.3(11), 4.22.4, 4.17.6 The rear grab bar must be at least 36" long. The rear grab bar in the “accessible” stall is only 30" long.
4.1.3(11), 4.22.5, 4.18.2 Urinals shall be stall-type or wall-hung with an elongated rim at a maximum of 17" above the finish floor. The rim of the urinal is 19.5" above the finish floor.
4.1.3(11), 4.22.5, 4.18.4 Flush controls for accessible urinals shall be mounted no more than 44" above the finish floor. The flush control is mounted higher than 46.5" above the finish floor.
4.1.3(11), 4.22.6, 4.19.2 The knee clearance between the front edge of the apron and the lowest part of the (underside) of the basin must be at least 8" deep. The knee clearance for the lavatory in the “accessible” stall is less than 8" deep.
4.1.3(11), 4.22.6, 4.19.2 The knee clearance between the lowest part (underside) of the sink basin and the floor must be at least 27" off the floor. The knee clearance between the lowest part of the sink basin and the floor is only 23" off the floor.
Removed    
4.1.3(2), 4.4.1 Objects protruding from walls with their leading edges between 27 inches and 80 inches above the finish floor shall protrude no more than 4 inches into circulation paths. The floor space in front of the lavatory is obstructed by a hand dryer mounted more than 27" above the floor, which protrudes about 10" into the clear floor space.
4.1.3(2), 4.4.1 Where soap dispensers are provided, at least one must be accessible. An accessible soap dispenser must have clear floor space of at least 30" wide by 48" deep in front of the dispenser. The clear floor space approaching the soap dispenser provided near the “accessible” lavatory is obstructed by a hand dryer mounted more than 27" above the floor, which protrudes about 10" into the clear floor space.

Appendix B

As stated in the Settlement Agreement the following violations were discovered and documented by the United States during the course of its investigation into Aqua Turf Club’s ADA compliance. The violations listed in this Appendix B have not been remedied. These violations must be remedied in accordance with the 2010 ADA Standards which apply to changes made after March 15, 2012. Once the violations listed below are remedied, responsibility for future compliance, in light of changing ADA legislation and Standards, rests solely with Aqua Turf.

1991 ADA Standards

2010 ADA Standards

Area & Description of Standard

Violation
  Glass Room - Women’s Toilet Room  
4.1.3(1), 4.1.3(11), 4.22.1, 4.3.3 206.2.4, 403.5 Toilet rooms must be on accessible route. The route to the women’s toilet room in the Glass Room is not accessible because it is too narrow.
4.1.3(7), 4.13.6 206.5, 404.2.4 A side/hinge approach to the push side of a swinging door is required. Therefore, the maneuvering space must be 42" deep by the full width of the doorway plus 22” clearance beyond the hinge. The clear and level floor space at the door to the women’s toilet room is only 31" deep.
removed   The 2010 Standards do not require visual alarms in existing buildings unless the fire alarm system is being upgraded or replaced.  
4.1.3(16)(a) 4.30.4 216.2, 703.2, 703.3 Room identification signs must have raised characters and have messages repeated in Braille. The women’s toilet room sign does not have raised letters or Braille.
4.1.3(16)(a), 4.30.6 216.2, 703.4.1 Tactile characters on signs shall be located 48 inches minimum above the finish floor, measured from the baseline of the lowest tactile character and 60 inches maximum above the finish floor, measured from the baseline of the highest tactile character height. The sign shall be located on the wall alongside the door at the latch side. The toilet room sign is not mounted exactly 60" above the floor to the centerline of the sign on the wall adjacent to the latch side of the door.
4.1.3(7), 4.13.11(2) 206.5, 404.2.9 The pressure required to open an interior door must be less than or equal to 5 lbs of force. The pressure required to open the door is greater than 5 lbs of force.
4.1.3(11), 4.22.4, 4.17.3 213.3.1, 604.8.1.1 If the toilet is floor-mounted, the accessible stall must be at least 59" deep by 60" wide. The accessible stall in the women’s toilet room is less than 60 inches wide.
4.1.3(11), 4.22.4, 4.17.2, 4.16.3 213.3.2, 604.4 To be considered accessible, the top of the toilet seat must be 17" to 19" above the floor. The toilet in the “accessible” stall is mounted 19.5" above the floor.
4.1.3(12)(a), 4.25.3; 4.2.5 213.3.7, 604.8.3, 308 If coat hook is provided, it must be 48" above the floor or lower The coat hook provided in the women’s toilet room “accessible” stall is mounted more than 48" above the floor
4.1.3(11), 4.22.4, 4.17.2; 4.16.5 213.3.2, 604.6 The flush control must be mounted on the open side of the toilet area, where clear floor space is provided The flush control in the women’s toilet room “accessible” stall is mounted to the right side - closest to the wall with side grab bar - and not on the “open” side of the toilet area where there is clear floor space.
4.1.3(11), 4.22.6, 4.19.2 213.3.4, 606.2, 306 The bottom edge of the apron or counter to the lavatory (also called “sink”) must be at least 27" above the floor, and the top of the sink rim or counter must be no more than 34" above the floor. The bottom edge of the apron under the “accessible” sink in the women’s toilet room is approximately 26" above the floor, and not 29" or higher above the floor.
4.1.3(11), 4.22.6, 4.19.4. 213.3.4, 606.5 Pipes under the lavatory must be insulated to protect a person from burns and from sharp or abrasive edges. The pipes under the lavatory are not insulated.
4.1.(3)(11), 4.22.6, 4.19.5; 4.27.4 213.3.4, 606.4, 309.4 The faucet must be operable with one hand without tight grasping, pinching or twisting of the wrist. The two-handled faucet cannot be operated with one hand.
  Glass Room - Men’s Toilet Room  
Removed   The 2010 Standards do not require visual alarms in existing buildings unless the fire alarm system is being upgraded or replaced.  
4.1.3(16)(a), 4.30.4 216.2, 703.2, 703.3 Room identification signs must have raised characters and have messages repeated in Braille. The toilet room sign does not have raised letters or Braille.
4.1.3(16)(a), 4.30.6 216.2, 703.4.1 Tactile characters on signs shall be located 48 inches minimum above the finish floor, measured from the baseline of the lowest tactile character and 60 inches maximum above the finish floor, measured from the baseline of the highest tactile character height. The sign shall be located on the wall alongside the door at the latch side. The toilet room sign is not mounted exactly 60" above the floor to the centerline of the sign on the wall adjacent to the latch side of the door.
4.1.3(7), 4.13.11(2) 206.5, 404.2.9 The pressure required to open an interior door must be less than or equal to 5 lbs of force. The pressure required to open the door is greater than 5 lbs of force.
4.1.3(11), 4.22.4, 4.17.2, 4.16.3 213.3.2 604.4 To be considered accessible, the top of the toilet seat must be 17" to 19" above the floor. The toilet in the “accessible” stall is mounted 19.5" above the floor.
4.1.3(11), 4.22.4, 4.17.6 213.3.2, 604.8.1.5, 604.5.1 The side wall grab bar must be 42 inches minimum in length, located 12 inches maximum from the rear wall, and extending at least 54” minimum from the rear wall. The end of the side grab bar furthest from the rear wall is only 50" from the rear wall.
4.1.3(11), 4.22.5, 4.18.2 213.3.3, 605.2 Urinals shall be stall-type or wall-hung with an elongated rim at a maximum of 17" above the finish floor. The urinal in the men’s toilet room is mounted higher than 17" above the finish floor.
4.1.3(11), 4.22.5, 4.18.4; 213.3.3, 605.4, 309.3, 308 Flush controls for accessible urinals shall be mounted 48 inches maximum and 15 inches minimum above the finish floor The flush control is mounted higher than 44" above the finish floor.
4.1.3(11), 4.22.5, 4.18.3; 4.22.2 213.2, 213.3.3, 603.2.3, 605.3, 305.3 A clear floor space 30" by 48" shall be provided in front of urinals to allow forward approach. This clear floor space shall adjoin or overlap an accessible route and the toilet room shall be arranged so that the door does not swing into the clear floor space for the urinal. The toilet room is not arranged so that the door does not swing into the clear floor space in front of the urinal.
4.1.3(11), 4.22.6; 4.19 213.3.4, 606 If lavatories are provided, at least one must be accessible. Though lavatories are provided, there are no accessible lavatories in the men’s toilet room.
  Wagon Room - Women’s Toilet Room  
Removed   The 2010 Standards do not require visual alarms in existing buildings unless the fire alarm system is being upgraded or replaced.  
4.1.3(16)(a), 4.30.4 216.2, 703.2, 703.3 Room identification signs must have raised characters and have messages repeated in Braille. The women’s toilet room sign does not have raised letters or Braille.
4.1.3(16)(a), 4.30.6 216.2, 703.4.1 Tactile characters on signs shall be located 48 inches minimum above the finish floor, measured from the baseline of the lowest tactile character and 60 inches maximum above the finish floor, measured from the baseline of the highest tactile character height. The sign shall be located on the wall alongside the door at the latch side. The toilet room sign is not mounted exactly 60" above the floor to the centerline of the sign in the wall adjacent to the latch side of the door.
4.1.3(11), 4.22.4, 4.17.3 213.3.1, 604.8.1.1 If the toilet is floor-mounted, the accessible stall must be at least 59" deep by 60" wide. The “accessible” stall in the women’s toilet room is only 57" wide.
4.1.3(11), 4.22.4, 4.17.5, 4.13.6 213.3.1, 604.8.1.2 If the stall door swings into the stall, the door swing must stay clear of the required stall depth & width. the door swings into the stall, clear width required.
4.1.3(12)(a)4.25.3, 4.2.5 213.3.7, 604.8.3 and 308 If a coat hook is provided in the stall, it must be mounted 48" or lower. The coat hook provided is not mounted 48" or lower.
4.1.3(11), 4.22.4, 4.17.6 213.3.2, 604.5.1, 604.8.1.5 The side wall grab bar must be 42 inches minimum in length, located 12 inches maximum from the rear wall, and extending at least 54” minimum from the rear wall. The end of the side grab bar furthest from the rear wall is only 49" from the rear wall.
4.1.3(11), 4.22.4, 4.17.6 213.3.2, 604.5.2, 604.8.1.5 The rear wall grab bar must be at least 36" long and extend from the centerline of the water closet (toilet) 12” minimum on one side and 24” minimum on the other side. The rear grab bar in the “accessible stall” is only 30" so does not meet ADA requirement.
28 C.F.R. Sec. 133(a); 28 C.F.R. Sec. 36.211(a), 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, 4.26.4 213.3.2, 604.8.1.5, 609.3, 609.5 The space between the grab bar and projecting items below and at the ends shall be 1½ inches minimum. Grab bars and any wall or other surfaces adjacent to grab bars shall be free of sharp or abrasive elements. The location of the trash can under the rear grab bar effectively blocks the use of the last 8 inches of the rear grab bar, which is already too short.
4.1.3(11), 4.22.6; 4.19 213.3.4 , 606 If lavatories are provided, at least one must be accessible and shall not be located in a toilet compartment. Though lavatories are provided, there are no accessible lavatories in the women’s toilet room.
  Wagon Room - Men’s Toilet Room  
Removed   The 2010 Standards do not require visual alarms in existing buildings unless the fire alarm system is being upgraded or replaced.  
4.1.3(16)(a), 4.30.4 216.2, 703.2, 703.3 Room identification signs must have raised characters and have messages repeated in Braille. The men’s toilet room sign does not have raised letters or Braille.
4.1.3(16)(a), 4.30.6 216.2, 703.4.1 Tactile characters on signs shall be located 48 inches minimum above the finish floor, measured from the baseline of the lowest tactile character and 60 inches maximum above the finish floor, measured from the baseline of the highest tactile character height. The sign shall be located on the wall alongside the door at the latch side. The toilet room sign is not mounted exactly 60" above the floor to the centerline of the sign on the wall adjacent to the latch side of the door.
4.1.3(11), 4.19.6, 4.22.6 213.3.5, 603.3 If mirrors are located above lavatories or countertops, at least one must be mounted with the bottom of the reflecting surface no more than 40" high. There are two mirrors provided in the men’s toilet room but none mounted with the reflecting surface no more than 40" off the ground.
4.1.3(11), 4.22.4, 4.17.3 213.3.1, 604.8.1.1 If the toilet is floor-mounted, the accessible stall must be at least 59" deep by 60" wide. The “accessible” stall in the men’s toilet room is only 57" wide.
4.1.3(11), 4.17.5, 4.13.5 213.3.1, 604.8.1.2, 404.2.3 The accessible stall door must have a clear opening width of at least 32". The “accessible” stall door does not have a clear opening width of at least 32".
4.1.3(1), 4.1.3(11), 4.22.3, 4.3.3 206.2.4, 403.5 The accessible stall must be on an accessible path (at least 36" in width) without protruding objects. There is a urinal blocking the clear path to and the opening for the “accessible” stall in the men’s toilet room.
4.1.3(12)(a)4.25.3, 4.2.5 213.3.7, 604.8.3 and 308 If a coat hook is provided in the stall, it must be mounted 48" or lower. The coat hook provided is mounted at 71" above the floor.
4.1.3(11), 4.22.4, 4.17.6 213.3.2, 604.5.1, 604.8.1.5 The side wall grab bar must be 42 inches minimum in length, located 12 inches maximum from the rear wall, and extending at least 54” minimum from the rear wall. The end of the side grab bar furthest from the rear wall is only 49" from the rear wall.
4.1.3(11), 4.22.4, 4.17.6 213.3.2, 604.5.2, 604.8.1.5 The rear wall grab bar must be at least 36" long and extend from the centerline of the water closet (toilet) 12” minimum on one side and 24” minimum on the other side. The rear grab bar in the “accessible stall” is only 30" in length.
28 C.F.R. Sec. 133(a); 28 C.F.R. Sec. 36.211(a), 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, 4.26.4 213.3.2, 604.8.1.5, 609.3, 609.5 The space between the grab bar and projecting items below and at the ends shall be 1½ inches minimum. Grab bars and any wall or other surfaces adjacent to grab bars shall be free of sharp or abrasive elements. The location of the trash can under the rear grab bar effectively blocks the use of the last 8 inches of the rear grab bar, which is already too short.
4.1.3(11), 4.22.5, 4.18.2 213.3.3, 605.2 Urinals shall be stall-type or wall-hung with an elongated rim at a maximum of 17" above the finish floor. The urinal in the men’s toilet room is mounted higher than 17" above the finish floor.
4.1.3(11), 4.22.6; 4.19 213.3.4 , 606 If lavatories are provided, at least one must be accessible and shall not be located in a toilet compartment. Though lavatories are provided, there are no accessible lavatories in the men’s toilet room.

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June 1, 2012