SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICAN AND THE CITY OF WAUKEGAN, ILLINOIS UNDER THE AMERICANS WITH DISABILITIES ACT

Attachment J

Attachment J: Program Access in Existing Facilities

1. Within 1 year, the City of Waukegan will make the following modifications to the Waukegan Parking Facility:

   1. While 7 of the City’s 430 parking spaces in its parking facility are reserved for people with disabilities, none is designated as “van accessible” and the vertical signs on all designated spaces are mounted too low. On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space designated as reserved for people with disabilities. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Also, at each standard space designated as reserved for persons with disabilities, provide a vertical sign with the International Symbol of Accessibility located such that it cannot be obstructed by vehicles parked in the space. Standards §§ 4.1.2(5), 4.6.4, 4.30.7(1).Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

2. Within 1 year, the City of Waukegan will make the following modifications to the Waukegan Fire Station #1:

   1. None of the 27 parking spaces available to the public have vertical signs reserving the spaces for persons with disabilities, nor do they have adequate access aisles. On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 1 standard space designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6, 4.30.7(1).

   2. The drinking fountain near the exercise room protrudes more than 4 inches from the wall and is not cane-detectable. 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. The elevator is inaccessible because, although emergency communications are provided, they were programmed to a non-working number. Provide and maintain a two-way communication system such that it does not require voice communication, the highest operable part is a maximum of 48 inches above the finished floor of the car, and it is identified by a raised symbol and lettering located adjacent to the device. If the system uses a handset, ensure that the length of the cord from the panel to the handset is at least 29 inches. If the system is located in a closed compartment, ensure that the compartment door hardware operates without tight grasping, pinching or twisting of the wrist. Standards §§ 4.10.14.

   4. The top of the service counter is 43 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), 4.1.3(1), 4.3.

   5. Women’s Toilet Room- First Floor (off weight room)

      1. The toilet room identification sign is on the door and mounted at 69 inches above the floor.   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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

      2. The toilet’s centerline is 19 inches from the side wall, the toilet seat height is 20 inches, and the flush valve control is located on the closed side of the toilet. Provide a toilet with a centerline that is 18 inches from the near side wall; a seat that is between 17 and 19 inches above the finished floor; clear floor space at the toilet that complies with Fig. 28; and a flush control mounted on the “open” side of the toilet’s clear floor space. Standards §§ 4.22.4, 4.16.2, 4.16.3, 4.16.5, Figs. 28, 29.

      3. Lavatory

         1. Access to the required lavatory clear floor space is obstructed by a trash receptacle and paper towel dispenser; the height of the lavatory rim is 30 ½ inches and the apron is 26 ½ inches above the finished floor; and the hot water and drain pipes are not insulated or configured to protected against contact. Provide a lavatory with 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 1 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 §§ 4.22.6, 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

      4. The toilet room door requires 10 pounds of force to operate. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.13.11(2)(b).

   6. Men’s Toilet Room- First Floor (Off Weight Room)

      1. The toilet room sign is mounted on the door at 69 inches. 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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

      2. The lavatory hot water and drain pipes are not insulated or configured to protected against contact.  Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.22.6, 4.19.4.

      3. The door requires 19 pounds of force to operate. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.13.11(2)(b).

3. Within 2 years, the City of Waukegan will make the following modifications to the Public Works and Public Works Addition:

   1. The handrails at the entrance ramp do not continue for the entire sloped length of the ramp, nor do they extend at the top and bottom of the ramp. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Standards §§ 4.1.2(2), 4.3.8, 4.8.

   2. Women’s Toilet Room in Public Works

      1. The toilet room sign is painted onto the door. 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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

      2. The door requires 10 pounds of force to operate. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.13.11(2)(b).

      3. The lavatory hot water and drain pipes are not insulated or configured to protected against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.22.6, 4.19.4.

      4. The bottom edge of the mirror’s reflecting surface is 46 inches above the finished floor. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.22.6, 4.19.6.

      5. The space between the side grab bar and the side wall in the toilet stall for persons with disabilities is 3c inches. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.22.4, 4.17.6, 4.26.2, Fig. 30.

      6. The flush valve control in the toilet stall for persons with disabilities is located on the closed side of the toilet. 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 §§ 4.22.4, 4.16.5, 4.17.2, 4.27.4.

      7. The coat hook in the toilet stall for persons with disabilities is 68 inches above the finished floor. 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.

      8. The door of the toilet stall for persons with disabilities requires the user to twist the knob. 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 §§ 4.22.2, 4.13.9.

      9. The paper towel dispenser is mounted with its highest operable part 49 inches above the finished floor; the dispenser requires tight grasping to advance the towels; and because of the way the dispenser is mounted, it is a protruding object that is not cane-detectable. Provide a paper towel dispenser with controls mounted with 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. The dispenser’s controls should be capable of being operated with 5 lbf or less and that can be used with 1 hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Ensure that the dispenser’s bottom leading edges measuring between 27 inches and 80 inches above the finished floor does not protrude more than 4 inches into a path of travel. Standards §§ 4.27.2, 4.27.3, 4.27.4., 4.2.4, 4.2.5, 4.2.6, Fig. 4.

      10. Audible alarms are provided and can be heard in the toilet room but there is no visual alarm.  Provide a visual alarm appliance in the toilet room. Standards §§ 4.28.1, 4.28.3.

   3. Men’s Toilet Room In Public Works

      1. The toilet room sign is painted onto the door. 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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

      2. Toilet stall for persons with disabilities

         1. The flush control valve is located on the closed side of the toilet stall. 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 §§ 4.22.4, 4.16.5, 4.17.2, 4.27.4.

         2. The space between the side wall and the side grab bar is 3¼  inches. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 54 inches from the rear wall and the closer end 12 inches or less from the rear wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.22.4, 4.17.6, 4.26.2, Fig. 30.

      3. The highest operable part of the paper towel dispenser is 49 inches above the finished floor and the dispenser is mounted in such a way that it is a protruding object that is not cane-detectable. Provide a paper towel dispenser with controls mounted with 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. The dispenser’s controls should be capable of being operated with 5 lbf or less and that can be used with 1 hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Ensure that the dispenser’s bottom leading edges measuring between 27 inches and 80 inches above the finished floor does not protrude more than 4 inches into a path of travel. Standards §§ 4.27.2, 4.27.3, 4.27.4., 4.2.4, 4.2.5, 4.2.6, Fig. 4.

      4. Audible alarms are provided and can be heard in the toilet room but there is no visual alarm. Provide a visual alarm appliance in the toilet room. Standards §§ 4.28.1, 4.28.3.

4. Within 1 year, the City of Waukegan will make the following modifications to the Animal Shelter:

   1. No parking spaces are designated as reserved for persons with disabilities. On the shortest accessible route to the accessible entrance, provide at least 1 van accessible space designated as reserved for people with disabilities. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.6, 4.30.7(1).

   2. Toilet Room

      1. The lavatory hot water and drain pipes are not insulated or configured to protected against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.22.6, 4.19.2, 4.19.4, Fig. 31.

      2. The mirror is mounted with the bottom reflecting surface at 50 inches above the finished floor. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.22.6, 4.19.6.

      3. Toilet

         1. The flush control valve control is located on the closed side of the toilet. 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 §§ 4.22.4, 4.16.5, 4.27.4.

         2. The side grab bar is difficult to use because of bottles stored there. Provide and maintain a side grab bar that has at least 1½ inches between the grab bar and any other object, such as the toilet paper dispenser. Standards §§ 4.22.4, 4.16.4, 4.26.2, Fig. 39.

         3. No rear grab bar is provided. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.22.4, 4.16.4, 4.26.2, Fig. 29.

         4. The top of the toilet seat measures 15 inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.22.4, 4.16.3, Fig. 29(b).

         5. The toilet seat cover dispenser is mounted behind the toilet and at 50 inches to where the seat covers dispense. Provide a toilet seat cover dispenser that dispenses 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 §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

         6. The toilet paper dispenser is mounted above the side grab bar. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards §§ 4.22.4, 4.17.3, Fig. 30(d).

      4. The paper towel dispenser is mounted with the highest operable part at 54 inches and the dispenser requires tight grasping to pull down new towels. 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. Ensure that the controls that can be operated with 5 lbf or less and that can be used with 1 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 §§ 4.27.2, 4.27.3, 4.27.4, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

      5. Audible alarms are provided and can be heard in the toilet room but there is no visual alarm.  Provide a visual alarm appliance in the toilet room. Standards §§ 4.28.1, 4.28.3.

5. Within 2 years, the City of Waukegan will make the following modifications to the Beach House (Lake Front):

   1. The parking lot serving Beach House has 8 spaces for persons with disabilities, but there is no vertical signage identifying the reserved parking spaces, there is no designated van accessible space, there is no vertical signage, and the access aisles are of inadequate width. On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 7 standard spaces designated as reserved for people with disabilities. Standard accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 60 inches wide. Van accessible spaces shall be a minimum of 96 inches wide and served by access aisles at least 96 inches wide. All spaces designated as reserved for persons with disabilities shall have vertical signs with the International Symbol of Accessibility located such that they cannot be obstructed by parked vehicles. Van accessible spaces shall have an additional “Van-Accessible” sign located below the International Symbol of Accessibility. All spaces and access aisles for persons with disabilities shall be flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and their surfaces shall be firm, stable, and slip-resistant. Standards §§ 4.6, 4.30.7(1).

   2. Entrance.

      1. Each of the lights on the walls adjacent to the latch side of the toilet room entry doors are mounted at less than 80 inches and protrude more than 4 inches into the passageway. 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. No handrails are provided at the main entrance ramp. Provide handrails that are between 1¼ inches and 1½ inches in diameter with a continuous gripping surface along both sides of the ramp, extending at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface. Ensure that handrails are mounted between 34 inches and 38 inches above the ramp surface, with ends rounded or returned smoothly to the floor, wall, or post, and that they do not rotate within their fittings. Standards §§ 4.3.8, 4.8.5.

   3. Women’s Toilet Room

      1. The toilet room sign is mounted on the door. 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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

      2. The toilet stall for persons with disabilities has twist-type door hardware. Provide a door with hardware usable with 1 hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards §§ 4.22.2, 4.13.9.

      3. The coat hook is mounted at 65 inches above the finished floor. 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.

      4. The lavatory has twist type faucets and its hot water and drain pipes are not insulated or configured to protected against contact. 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). Also provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.22.6, 4.19.4, 4.19.5, 4.27.4.

   4. Men’s Toilet Room

      1. The toilet room sign is mounted on the door. 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 §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

      2. The entry door to the men’s toilet room has a twist-style door knob. 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.

      3. Toilet Stall for People with Disabilities.

         1. The stall door has twist-type hardware. Provide a door with hardware usable with 1 hand and without tight grasping, pinching, or twisting of the wrist. Lever-operated, push-type, and U-shaped handles are acceptable designs. Standards §§ 4.22.2, 4.13.5, 4.13.9.

         2. The toilet flush control is located on the closed side of the stall. 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 §§ 4.22.4, 4.16.5, 4.17.2, 4.27.4.

      4. The coat hook is mounted at 65 inches above the finished floor. 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.

      5. The lavatories have twist-type faucets and the hot water and drain pipes are not insulated or configured to protect against contact. Provide a lavatory with 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 1 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 §§ 4.22.6, 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

6. Within 2 years, the City of Waukegan will make the following modifications to the Beach Pavilion - Grill Areas:

   1. There is no accessible route to the grilling areas around the Beach House. Provide at least 1 accessible route that, to the maximum extent feasible, coincides with the route for the general public. The accessible route must have a minimum clear width of 36 inches, or a minimum clear width of 42 inches if there is a turn around an obstruction less than 48 inches wide; have passing spaces at least 60 inches by 60 inches at least every 200 feet; have a minimum clear headroom of 80 inches; have a surface that is firm, stable, and slip resistant; have, in the absence of a curb ramp, ramp, elevator, or platform lift, no level changes in excess of ½ inch vertically; and have a running slope of less than 1:20 (5%) (or have been constructed as a fully accessible ramp) and a cross slope of less than 1:50 (2%). Standards §§ 4.3, 4.5, Fig. 7.