United States of America v. Quiktrip Corporation - Consent Decree

IV. NON-DISCRIMINATION IN FUTURE QUIKTRIP FACILITIES

16. QuikTrip shall ensure that each facility designed, constructed, purchased, leased, or otherwise acquired by or on behalf of QuikTrip ("Future QuikTrip Stores") shall comply in all respects with the requirements of Title III of the ADA, the Title III Regulation, the ADA Standards, and this Consent Decree before a Future QuikTrip Store is opened for business. During the term of this Consent Decree, before opening any Future QuikTrip Store, QuikTrip shall obtain a Certification of ADA Compliance, using Exhibit B, from the ILA or a Certification of ADA Compliance, using Exhibit C, from either a Licensed Architect retained and paid by QuikTrip ("LA"), or a QuikTrip Construction/Project Manager or equivalent ("CM"). Any LA or CM who issues a certification must be trained regarding the ADA and the procedures for certification of ADA compliance by either the ILA or the USILA. QuikTrip will maintain such certifications in its records and include copies of such certifications in its reports to the United States pursuant to Paragraph 37 of this Consent Decree.

     a. The ILA shall conduct pre-occupancy certifications of no fewer than 10% of Future QuikTrip Stores that open within three years after the Effective Date of this Consent Decree, using the ADA Certification Form attached as Exhibit B. QuikTrip estimates that it will open 150 Future QuikTrip Stores during that three year period. The ILA will certify compliance at any additional Future QuikTrip Stores using Exhibit B if, in his professional judgment, without prior approval by or consultation with QuikTrip, his participation in the certification process is required to ensure ADA compliance.

     b. At all Future QuikTrip Stores in which the ILA does not certify ADA compliance, a Certification of ADA Compliance shall be issued pre-occupancy by either an LA or CM using the form at Exhibit C.

     c. During the four months immediately following the Effective Date of this Consent Decree, Certifications of ADA Compliance will be issued no later than four months after the opening date for that Future QuikTrip Store.

     d. In some circumstances, QuikTrip may open Future QuikTrip Stores in two (2) phases. In those circumstances, there will be two (2) phases of pre-occupancy certifications: the convenience store opening pre-occupancy certification phase and the fuel dispensers opening pre-occupancy certification phase. All requirements of this Consent Decree, except for the requirements for fuel dispensers and accessible routes to the accessible fuel dispensers shall be required for certification under the convenience store pre-occupancy certification phase. The remainder shall be required for certification under the fuel dispensers pre-occupancy certification phase. ⁽¹⁾