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

BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of the City of Waukegan, Waukegan, Illinois under title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. The review was also conducted under the authority of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R. Part 42, Subpart G.

The review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the City of Waukegan’s compliance with the following title II requirements:

• to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department’s title II regulation, 28 C.F.R. § 35.105;

• to notify applicants, participants, beneficiaries, and other interested persons of their rights and the City of Waukegan obligations under title II and the Department’s regulation, 28 C.F.R. § 35.106;

• to designate a responsible employee to coordinate its efforts to comply with and carry out the City of Waukegan ADA responsibilities, 28 C.F.R. § 35.107(a); 

• to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);

• to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:

  • delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,

  • physical changes to buildings (required to have been made by January 26, 1995), in accordance with the Department’s title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design (Standards), 28 C.F.R. pt. 36, App. A, or the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. § 101-19.6, App. A.

• to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Department’s title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;

• to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;

• where the City of Waukegan communicates by telephone, to communicate through a text telephone (TTY), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;

• to provide information for interested persons with disabilities concerning the existence and location of the City of Waukegan accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);

• to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department reviewed the City’s policies and procedures regarding voting, emergency management and disaster prevention, and sidewalk maintenance to evaluate whether persons with disabilities have an equal opportunity to utilize these programs. The Department also reviewed the City’s Police Department’s policies and procedures regarding providing effective communication to persons who are deaf or hard-of-hearing.

As part of its compliance review, the Department evaluated selected elements of the following facilities, which, although owned or operated by other entities, are used by the City of Waukegan as warming shelters and emergency shelters: East Middle School, Jefferson Middle School, and Waukegan High School

The Department also reviewed the following facilities, which – because construction or alterations commenced after January 26, 1992 – must comply with the ADA’s new construction or alterations requirements: Waukegan Fire Station #2, Waukegan Fire Station #5, Municipal Hall and Addition, Municipal Hall Police Station and Wing Addition, and Waukegan Public Library. Additionally, the Department reviewed preliminary architectural drawings for the Waukegan City Hall that was recently completed in 2004.

Finally, the Department’s program access review covered those of the City of Waukegan programs, services, and activities that operate in the following facilities: Waukegan Parking Facility, Waukegan Fire Station #1, Public Works & Public Works Addition, Animal Shelter, Beach House (Lake Front), and Beach Pavilion - Grill Areas.

JURISDICTION

1. The ADA applies to the City of Waukegan because it is a “public entity” as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the City of Waukegan with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.

3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to determine the City’s compliance with section 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530 and 42.108-110, to suspend or terminate financial assistance to the City provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

4. The parties to this Agreement are the United States of America and the City of Waukegan, Illinois.

5. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

6. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled “Implementation and Enforcement.”

ACTIONS TAKEN BY CITY OF WAUKEGAN

7. In its continued efforts to provide services to persons with disabilities, the City of Waukegan renovated its City Hall in 1981. The City installed an interior ramp that was meant to provide access from the old city hall to the new city hall addition. During the 2000 fiscal year, they also provided accessible counter space to the counters where city services are provided.

8. In 1993, the City of Waukegan conducted a self-evaluation of its programs and facilities. In order to ensure that the programs offered at City facilities are readily accessible to and usable by individuals with mobility impairments, the City increased the number of designated accessible parking spaces, installed some curb ramps, and widened doors at some City buildings.

9. Since the early 1980s, all City street-level sidewalks have been constructed accessible with curb ramps.  Furthermore, any resident that requests adjustments to sidewalks, curbs, or parking due to his/her disabilities can contact his/her Alderman or the Mayor to submit a written request for consideration.

REMEDIAL ACTION

NOTIFICATION

10. Within three months of the effective date of this Agreement, the City of Waukegan will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving the City of Waukegan; post the Notice on its Internet Home Page; and post copies in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Notice, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request.

11. Within three months of the effective date of this Agreement, and annually thereafter until the Agreement terminates, the City of Waukegan will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of the City of Waukegan accessible programs, services, and activities.

ADA COORDINATOR

12. Within three months of the effective date of this Agreement, the City of Waukegan will appoint or hire one or more ADA Coordinator(s). The ADA Coordinator(s) will coordinate the City of Waukegan’s efforts to comply with and carry out its responsibilities under the ADA, including any investigation of complaint communicated to it alleging its noncompliance with title II or alleging any actions that would be prohibited under title II. The City will make available to all interested individuals the name(s), office address(es), and telephone number(s) of the ADA Coordinator(s).

GRIEVANCE PROCEDURE

13. Within two months of the effective date of this Agreement, the City of Waukegan will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads, and post copies of it in conspicuous locations in each of its public buildings. It will refresh the posted copies, and update the contact information contained on it, as necessary, for the life of the Agreement. Copies will also be provided to any person upon request.

GENERAL EFFECTIVE COMMUNICATION PROVISIONS

14. Within three months of the effective date of this Agreement, the City of Waukegan will identify sources of qualified sign language and oral interpreters, real-time transcription services, and vendors that can put documents in Braille, and will implement and report to the Department its written procedures, with time frames, for fulfilling requests from the public for sign language or oral interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, etc.).

15. Within two months of the effective date of this Agreement, the City of Waukegan will implement and report to the Department its written procedures to ensure that TTY calls are returned by the appropriate City of Waukegan official by TTY on the same day as the call is received. If the caller’s questions or concerns cannot be handled promptly, the procedures will require a City of Waukegan employee to communicate with the caller on the same day in order to establish a time frame for the call-back.

16. The City of Waukegan will take steps to ensure that all appropriate employees are trained and practiced in using a TTY and the 7-1-1 Illinois Relay Service to make and receive calls and that its TTY’s are maintained in good working order through test calls every six months for the life of this Agreement.

LAW ENFORCEMENT AND EFFECTIVE COMMUNICATION

17. Within three months of the effective date of this Agreement, the City will adapt for its own use and implement the City of Waukegan Police Department’s Policy Statement on Effective Communication with People Who are Deaf or Hard of Hearing [Attachment C] and distribute to all police officers the Guide for Law Enforcement Officers When in Contact with People Who are Deaf or Hard of Hearing [Attachment D].

18. Within three months of the effective date of this Agreement, the City will contract with one or more local qualified oral/sign language interpreter agencies to ensure that the interpreting services will be available on a priority basis, twenty-four hours per day, seven days a week, to its police officers or make other appropriate arrangements (such as contracting directly with or hiring qualified interpreters).

19. Within three months of the effective date of this Agreement, the City will ensure that each police station or substation and each jail is equipped with a working TTY to enable persons who are deaf, hard of hearing, or who have speech impairments to make outgoing telephone calls. Where inmate telephone calls are time-limited, the City will adopt policies permitting inmates who use TTY’s a longer period of time to make those calls, due to the slower nature of TTY communications compared with voice communications.

EMPLOYMENT

20. Within three months of the effective date of this Agreement, the City will amend its employment policies, as necessary, to comply with the regulations of the U.S. Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act of 1990, codified at 29 C.F.R. Part 1630. At minimum, those policies will provide that the City:

    • will not discriminate on the basis of disability in its hiring or employment practices.

    • will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. Medical examinations or inquiries may be made, but only after a conditional offer of employment is made and only if required of all applicants for the position.

    • will make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue hardship on the operation of the City’s business.

    • if an applicant or employee requests a reasonable accommodation and the individual’s disability and need for the accommodation are not readily apparent or otherwise known, Juneau may ask the individual for information necessary to determine if the individual has a disability-related need for the accommodation.

    • will maintain any employee’s medical records separate from personnel files and keep them confidential.

    • will make an individualized assessment of whether a qualified individual with a disability meets selection criteria for employment decisions. To the extent the City’s selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

EMERGENCY PREPAREDNESS AND RECOVERY

21. If the City of Waukegan contracts with another entity, such as the American Red Cross or another local government, to provide its emergency preparedness plans and emergency response services, the City of Waukegan will ensure that the other entity complies with the following provisions on its behalf.

22. Within three months of the effective date of this Agreement, the City of Waukegan will implement and report to the Department its written procedures that ensure that it regularly solicits and incorporates input from persons with a variety of disabilities and disability advocates regarding all phases of its emergency preparedness plan (preparation, notification, response, and clean-up).

23. Within three months of the effective date of this Agreement, the City of Waukegan will implement and report to the Department its written procedures that ensure that its community evacuation plans enable those who have mobility impairments, vision impairments, hearing impairments, cognitive disabilities, mental illness, or other disabilities to safely self-evacuate or be evacuated by others. Some communities are instituting voluntary, confidential registries of persons with disabilities who may need individualized evacuation assistance or notification. If the City of Waukegan adopts or maintains such a registry, its report to the Department will discuss its procedures for ensuring voluntariness, appropriate confidentiality controls, and how the registry will be kept updated, as well as its outreach plan to inform persons with disabilities of its availability. Whether or not a registry is used, the City of Waukegan plan should address accessible transportation needs for persons with disabilities.

24. Within three months of the effective date of this Agreement, the City of Waukegan will implement and report to the Department its written procedures that ensure that if its emergency warning systems use sirens or other audible alerts, it will also provide ways to inform persons with hearing impairments of an impending disaster. The use of auto-dialed TTY messages to pre-registered individuals who are deaf or hard of hearing, text messaging, e-mails, open-captioning on local TV stations and other innovative uses of technology may be incorporated into such procedures, as well as lower-tech options such as dispatching qualified sign language interpreters to assist with emergency TV broadcasts.

25. Within three months of the effective date of this Agreement, the City of Waukegan will implement and report to the Department its written procedures that ensure that at least 1 emergency shelter has a back-up generator and a way to keep medications refrigerated (such as a refrigerator or a cooler with ice). Such shelter(s) will be made available to persons whose disabilities require access to electricity and refrigeration, for example, for using life-sustaining medical devices, providing power to motorized wheelchairs, and preserving certain medications, such as insulin, that require refrigeration. The written procedures will include a plan for notifying persons of the location of such shelter(s).

26. Within three months of the effective date of this Agreement, the City of Waukegan will implement and report to the Department its written procedures that ensure that persons who use service animals are not separated from their service animals when sheltering during an emergency, even if pets are normally prohibited in shelters. The procedures will not unnecessarily segregate persons who use service animals from others but may take into account the potential presence of persons who, for safety or health reasons, should not be in contact with certain types of animals.

27. Some of the City’s emergency shelters may be owned or operated by other public entities subject to title II or by public accommodations subject to title III and, as such, are subject to the obligation to provide program access or remove barriers to accessibility under the ADA. This Agreement does not limit such future enforcement action against the owners or operators of these facilities by any person or entity, including the Department.

28. Within three months of the effective date of this Agreement, the City of Waukegan will request in writing that the each of the owners and operators of the shelter facilities listed in Attachment E will remove the noted barriers to access for persons with disabilities. The request will specify that the remediation be completed within one year of the effective date of this Agreement. The City of Waukegan will simultaneously send a courtesy copy of the request to the Department.

29. Within fourteen months of the effective date of this Agreement, the City of Waukegan will survey the shelters listed in Attachment E to determine whether the noted barriers have been removed. If not all barriers have been removed, the City of Waukegan will identify within 18 months of the effective date of this Agreement an appropriate number of alternate shelters where the parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms to the shelter area comply with the Standards.

30. Within three months of the effective date of this Agreement and until all emergency shelters have accessible parking, exterior routes, entrances, interior routes to the shelter area, and toilet rooms serving the shelter area, the City of Waukegan will identify and widely publicize to the public and to persons with disabilities and organizations that serve them the most accessible emergency shelters.

31. To the extent that the City of Waukegan provides opportunities for post-emergency temporary housing to its residents, within three months of the effective date of this Agreement, it will develop, implement, and report to the Department its plans for providing equivalent opportunities for accessible post-emergency temporary housing to persons with disabilities. Within one year of the effective date of this Agreement, the City of Waukegan will ensure that information it makes available regarding temporary housing includes information on accessible housing (such as accessible hotel rooms within the community or in nearby communities) that could be used if people with disabilities cannot immediately return home after a disaster if, for instance, necessary accessible features such as ramps or electrical systems have been compromised.

SIDEWALKS

32. Within three months of the effective date of this Agreement, the City of Waukegan will implement and report to the Department its written process for soliciting and receiving input from persons with disabilities regarding the accessibility of its sidewalks, including, for example, requests to add curb cuts at particular locations.

33. Within six months of the effective date of this Agreement, the City of Waukegan will identify and report to the Department all streets, and roads that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a street, road, or highway is considered an alteration for the purposes of this Agreement. Filling a pothole is not considered an alteration for the purposes of this Agreement. Unless already provided, within three years of the effective date of this Agreement, the City of Waukegan will provide curb ramps or other sloped areas complying with the Standards or UFAS at all intersections of the streets, roads, and highways identified under this paragraph having curbs or other barriers to entry from a street level pedestrian walkway.

34. Beginning no later than three months after the effective date of this Agreement, unless already provided, the City of Waukegan will provide curb ramps or other sloped areas complying with the Standards or UFAS at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, whenever a new street, road, or highway is constructed or altered.

35. Within four months of the effective date of this Agreement, the City of Waukegan will identify all street level pedestrian walkways that have been constructed or altered since January 26, 1992. Paving, repaving, or resurfacing a walkway is considered an alteration for the purposes of this Agreement. Within three years of the effective date of this Agreement, unless already provided, the City of Waukegan will provide curb ramps or other sloped areas complying with the Standards or UFAS at all places where a street level pedestrian walkway identified under this paragraph intersects with a street, road, or highway.

36. Beginning no later than three months after the effective date of this Agreement, the City of Waukegan will provide curb ramps or other sloped areas complying with the Standards or UFAS at all newly constructed or altered pedestrian walkways where they intersect a street or road.

WEB-BASED SERVICES AND PROGRAMS

37. Within three months of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the City of Waukegan will distribute to all persons – employees and contractors – who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by  the City of Waukegan (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment G to this Agreement (it is also available at www.ada.gov/websites2.htm).

38. Within one year of the effective date of this Agreement, and throughout the life of the Agreement,The City of Waukegan will do the following:

    1. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;

    2. Ensure that all new and modified web pages and content are accessible;

    3. Develop and implement a plan for making existing web content more accessible;

    4. Provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page; and

    5. Periodically (at least annually) enlist persons with disabilities to test its pages for ease of use.

PHYSICAL CHANGES TO FACILITIES

39. The elements or features of the City of Waukegan facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the City of Waukegan services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

40. The City of Waukegan will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

41. Within four months of the effective date of this Agreement, the City of Waukegan will install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

42. Newly Constructed Facilities: In order to ensure that the following spaces and elements in City facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the actions listed in Attachment H.

43. Waukegan City Hall 2004 - New Construction The New City Hall was competed during the summer of 2004.  The Department reviewed the preliminary plans for the new City Hall (not including the construction manual). The Department will conduct an onsite inspection of the New City Hall and will supplement this Agreement to the extent necessary to ensure that all aspects of the new facility comply with the ADA. The City of Waukegan will cooperate in good faith with the Department in this regard.

44. In conjunction with the new City Hall, the City may redesignate the existing Municipal Hall, Municipal Hall Addition, and Municipal Hall Police Station (which are all adjoining), for new purposes. In doing so, it may eliminate or change the purpose of other City-owned or -managed facilities as functions are moved to the renovated old Municipal Hall. If the modifications required by the language of Attachments H, I, and J are reasonably anticipated to become moot before the expiration of the deadlines associated with those modifications, the City may request in writing that the Department release the City from the relevant obligations, or revise the obligations, as appropriate. The Department will notify the City, in writing, within 30 days of receiving such a request. The Department shall not unreasonably deny such a request.

45. Altered Facilities: In order to ensure that the following spaces and elements in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the actions listed in Attachment I.

46. Program Access in Existing City Facilities: In order to ensure that each of the City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the actions listed in Attachment J.

MISCELLANEOUS PROVISIONS

47. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment.

48. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), the City will maintain the accessibility of its programs, activities, services, facilities, and equipment, and will take whatever actions are necessary (such as routine testing of accessibility equipment and routine accessibility audits of its programs and facilities) to do so. This provision does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.  28 C.F.R. § 35.133(b).

49. Within seven months of the effective date of this Agreement, the City will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The City will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.

50. Within one year of the effective date of this Agreement, the City will deliver its training program to all City employees who have direct contact with members of the public. At the end of that period, the City will submit a copy of its training curriculum and materials to the Department, along with a list of employees trained and the name, title, and address of the trainer.

IMPLEMENTATION AND ENFORCEMENT

51. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed.

52. The Department may review compliance with this Agreement at any time. If the Department believes that the City has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act.

53. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

54. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

55. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the City or the Department on request.

56. 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 the City’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.

57. This Agreement will remain in effect for four years.

58. The person signing for the City represents that he or she is authorized to bind the City to this Agreement.

59. The effective date of this Agreement is the date of the last signature below.

End of Document

For the City of Waukegan:

By: _____________________________

Date:

For the United States

By: _____________________________
JOHN L. WODATCH, Chief
JEANINE WORDEN, Deputy Chief
MARY LOU MOBLEY, Senior Counsel
JOSH MENDELSOHN, Supervisory Attorney
DANA JACKSON, Investigator
MICHELE ANTONIO MALLOZZI, Architect
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W
Disability Rights Section - NYA
Washington, DC 2053

Date: 12/15/2005

Attachment A

NOTICE UNDER THE AMERICANS WITH  DISABILITIES ACT

In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Waukegan, Waukegan Illinois will not discriminate against qualified individuals with disabilities on the basis of disability in the City of Waukegan services, programs, or activities.

Employment: The City of Waukegan does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).

Effective Communication: The City of Waukegan will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in theCity of Waukegan programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The City/County will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City of Waukegan programs, services, and activities.  For example, individuals with service animals are welcomed in City of Waukegan offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City of Waukegan program, service, or activity, should contact the office of  [name and contact info for ADA Coordinator] as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the City of Waukegan to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. 

Complaints that a City of Waukegan program, service, or activity is not accessible to persons with disabilities should be directed to [Name and contact information of ADA Coordinator].

The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

Attachment B

City of Waukegan, Waukegan Illinois

Grievance Procedure under
The Americans with Disabilities Act

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Waukegan. The City of Waukegan’s Personnel Policy governs employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:  

[Name and address of ADA Coordinator]

Within 15 calendar days after receipt of the complaint, [name of ADA Coordinator] or [his/her] designee will meet with the complainant to discuss the complaint and the possible resolutions.  Within 15 calendar days of the meeting,[name of ADA Coordinator] or [his/her] designee will respond in writing, and where appropriate, in format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Waukegan and offer options for substantive resolution of the complaint.

If the response by [name of ADA Coordinator] or [his/her] designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Mr. Greg Petry. Executive Director or his designee.

Within 15 calendar days after receipt of the appeal, the Executive Director of the City of Waukegan his designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Executive Director or [his/her] designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

All written complaints received by [name of ADA Coordinator] or [his/her] designee, appeals to the Executive Director or [his/her] designee, and responses from these two offices will be retained by the City of Waukegan for at least three years.

Attachment C

POLICY STATEMENT REGARDING 

EFFECTIVE COMMUNICATION WITH 

PEOPLE WHO ARE DEAF OR HARD OF HEARING

OVERVIEW

It is the policy of this law enforcement agency (Agency) to ensure that a consistently high level of service is provided to all community members, including those who are deaf or hard of hearing. This Agency has specific legal obligations under the Americans with Disabilities Act and the Rehabilitation Act.  To carry out these policies and legal obligations, the Agency instructs its officers and employees as follows:

• People who identify themselves as deaf or hard of hearing are entitled to a level of service equivalent to that provided hearing persons.

• The Agency will make every effort to ensure that its officers and employees communicate effectively with people who have identified themselves as deaf or hard of hearing.

• Effective communication with a person who is deaf or hard of hearing involved in an incident -- whether as a victim, witness, suspect, or arrestee -- is essential in ascertaining what actually occurred, the urgency of the matter, and type of situation.

• Various types of communication aids – known as “auxiliary aids and services” –  are used to communicate with people who are deaf or hard of hearing.  These include use of gestures or visual aids to supplement oral communication; an exchange of written notes; use of a computer or typewriter; use of assistive listening devices (to amplify sound for persons who are hard of hearing); or use of qualified oral or sign language interpreters.

• The type of aid that will be required for effective communication will depend on the individual’s usual method of communication, and the nature, importance, and duration of the communication at issue.

• In many circumstances, oral communication supplemented by gestures and visual aids, an exchange of written notes, use of a computer or typewriter, or use of an assistive listening device may be effective.  In other circumstances, qualified sign language or oral interpreters are needed to communicate effectively with persons who are deaf or hard of hearing.  The more lengthy, complex, and important the communication, the more likely it is that a qualified interpreter will be required for effective communication with a person whose primary means of communication is sign language or speech reading.  For example:

  • If there has been an incident and the officer is conducting witness interviews, a qualified sign language interpreter may be required to communicate effectively with someone whose primary means of communication is sign language.

  • If a person is asking an officer for directions to a location, gestures and an exchange of written notes will likely be sufficient to communicate effectively and a sign language interpreter is often not required

• To serve each individual effectively, primary consideration should be given to the communication aid or service that works best for that person.  Officers must ask persons who are deaf or hard of hearing what type of auxiliary aid or service they need.  Officers must defer to those expressed choices, unless there is another equally effective way of communicating, given the circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person who is deaf or hard of hearing.

• The Agency is not required to provide a particular auxiliary aid or service if doing so would fundamentally alter the nature of the law enforcement activity in question, or if it would cause an undue administrative or financial burden.  Only the Agency head or his or her designee may make this determination.  For example:

  • If the Agency has limited financial resources and providing a particular auxiliary aid would cost a large sum of money, the Agency head may determine that it would be an undue financial burden (note: the Agency’s budget as a whole must be considered).  In this situation, the most effective means of communication that does not involve an undue burden must be used.

• The input of people who are deaf or hard of hearing who are involved in incidents is just as important to the law enforcement process as the input of others.  Officers must not draw conclusions about incidents unless they fully understand -- and are understood by -- all those involved,  including persons who are deaf or hard of hearing.

• People who are deaf or hard of hearing must never be charged for the cost of an auxiliary aid or service needed for effective communication.

ON-CALL INTERPRETIVE SERVICES

• The Agency will maintain a list of sign language and oral interpreting services that are available (on-call 24 hours per day) and willing to provide qualified interpreters as needed.  Each of these services will be chosen after having been screened for the quality and skill of its interpreters, its reliability, and other factors such as cost.  The Agency will update this list annually.

• A qualified sign language or oral interpreter is one who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.  Accordingly, an interpreter must be able to sign to the deaf individual (or interpret orally to the person who does not use sign language) what is being said by the hearing person and to voice to the hearing person what is being signed or said by the deaf individual.  The interpreter must be able to interpret in the language the deaf person uses (e.g., American Sign Language or Signed English) and must be familiar with law enforcement terms and phrases.  Because a qualified interpreter must be able to interpret impartially, a family member, child, or friend of the individual who is deaf may not be qualified to render the necessary interpretation because of factors such as professional, emotional, or personal involvement, or considerations of confidentiality.  Additionally, although a “qualified” interpreter may be certified, a certified interpreter is not necessarily “qualified,” if he or she is not a good communications match for the deaf person (e.g., where the deaf person uses Signed English and the interpreter uses American Sign Language) or the situation (e.g., where the interpreter is unfamiliar with law enforcement vocabulary).  Certification is not required in order for an interpreter to be “qualified.”

TTY AND RELAY SERVICES

•  

• In situations when a nondisabled person would have access to a telephone, officers must provide persons who are deaf or hard of hearing the opportunity to place calls using a text telephone (TTY, also known as a telecommunications device for deaf people, or TDD).  Officers must also accept telephone calls placed by persons who are deaf or hard of hearing through the Telecommunications Relay Service.

TECHNIQUES FOR OFFICERS TO COMMUNICATE EFFECTIVELY

• Officers must review and have a working knowledge of Guide for Law Enforcement Officers When In Contact With People Who Are Deaf or Hard of Hearing.  This document reviews how officers should communicate effectively in the types of situations officers will encounter.  These situations include:

  • Issuing a noncriminal or motor vehicle citation.

  • Communicating with a person who initiates contact with an officer.

  • Interviewing a victim or critical witness to an incident.

  • Questioning a person who is a suspect in a crime.

  • Making an arrest or taking a person into custody.

  • Issuing Miranda Warnings to a person under arrest or in custody.

  • Interrogating a person under arrest or in custody.

TYPES OF AUXILIARY AIDS AND SERVICES

• Officers must utilize the following auxiliary aids, when available, to communicate effectively:

  • Use of gestures

  • Use of visual aids

  • Exchange of written notes

  • Use of computers or typewriters

  • Use of assistive listening devices

  • Use of teletypewriters (TTY’s)

  • Use of qualified oral or sign language interpreters

Attachment D

GUIDE FOR LAW ENFORCEMENT OFFICERS

When In Contact With People Who Are Deaf or Hard of Hearing

As a law enforcement officer, you can expect to come into contact with people who are deaf or hard of hearing.

Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits State and local government from discriminating against an individual with a disability. Municipal and State police and county sheriff departments are bound by this Federal law. Your office has adopted a more detailed policy regarding law enforcement officers’ communication with people who are deaf or hard of hearing. You should become familiar with this policy.

What does title II require of you when interacting with persons who are deaf or hard of hearing? Among other things, your communication with such an individual must be as effective as your communication with hearing people.

How do you communicate? Provide aids or services as necessary to ensure that the deaf or hard of hearing individual understands what you are saying and that you understand him or her. These can include:

• use of qualified sign language or oral interpreters

• for people who are hard of hearing, speaking loudly and clearly, and use of assistive listening devices (to amplify sound)

• use of gestures or visual aids to supplement oral communication

• an exchange of written notes

• or use of a computer or typewriter.

What method of communication should you use? The law requires you to give primary consideration to the individual’s preference. Ask how the person wishes to communicate.

For example, some people who are deaf do not use sign language and may need to use a different aid or rely on lipreading. In one-on-one communication with an individual who lip reads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.

Honor the individual’s choice unless it would significantly interfere with your law enforcement responsibilities or you are confident that other means of communicating, that may be easier to provide, are just as effective. Remember that deaf or hard of hearing persons must be able to understand you as well as those who do not have hearing impairments.

DO NOT ask a family member or friend to interpret for a deaf individual unless it is urgent to communicate immediately and that is the only option. If the deaf person requests that arrangement and the other person agrees, however, you can proceed.

How do you know when you are communicating clearly to an individual who is deaf or hard of hearing? Ask the person to summarize what you are saying. Test his or her understanding.

If the person uses sign language, what kinds of communication require an interpreter? Consider the length, importance, and complexity of the communication, as well as the context.

• In a simple encounter, such as checking a driver’s license or giving directions, a notepad and pencil or perhaps gestures will normally be sufficient.

• During interrogations and arrests, a sign language interpreter will often be necessary.

• If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. You should be careful about misunderstandings in the absence of a qualified interpreter. A nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consent or a confession of wrongdoing.

• In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.

Example: An officer clocks a car on the highway driving 15 miles above the speed limit. The driver, who is deaf, is pulled over and issued a noncriminal citation. The individual is able to understand the reasons for the citation, because the officer exchanges notes and points to information on the citation. A sign language interpreter is not needed.

Example: An officer responds to an aggravated battery call and upon arriving at the scene observes a bleeding victim and an individual holding a weapon. Eyewitnesses observed the individual strike the victim. The individual with the weapon is deaf, but the officer has probable cause to make a felony arrest without an interrogation. An interpreter is not necessary to carry out the arrest.

Example: An officer responds to the scene of a domestic disturbance. The husband says the wife has been beating their children and he has been trying to restrain her. The wife, who is deaf, requests an interpreter. The officer begins by exchanging notes but the woman’s responses indicate a lack of comprehension and poor grammar. An interpreter is necessary to carry out any arrest. In this situation, it would be inappropriate to use a family member to assist with communication, even if it is offered.

Do you have to take a sign language interpreter to a call about a violent crime in progress or a similar urgent situation involving a person who is deaf? No. An officer's immediate priority is to stabilize the situation. If the person being arrested is deaf, the officer can make an arrest and call for an interpreter to be available later at the booking station.

Contact numbers for your local sign language interpreters:

Attachment E

Attachment E: Program Access Modifications at Emergency Shelters

1. East Middle School

   1. Parking.  Although 2 parking spaces are reserved for persons with disabilities, neither is designated as “van- accessible.” On the shortest accessible route to the accessible entrance, provide at least 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).

   2. The toilet room that is currently designated for people with disabilities is not accessible because the door swings into the single user toilet room and encroaches upon the required clear floor space at the lavatory. Remove the sign designating this toilet room as accessible to persons with disabilities.  Redesignate the men’s and women’s staff toilet rooms as the accessible toilet rooms. For each, 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.

2. Jefferson Middle School

   1. Parking - There are three parking spaces designated as reserved for persons with disabilities in this lot.  Two of these spaces have no signs designating them as accessible. The accessible space in front has a sign that can be obscured by a parked vehicle. On the shortest accessible route to the accessible entrance, provide 1 van accessible space and 2 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 §§ 4.1.2(5), 4.6, 4.30.7(1).

   2. The entrance door to the school leading to the shelter area has two single doors in series with insufficient maneuvering space within the vestibule. Provide a designated accessible entrance that has a minimum space between two hinged or pivoted doors of 48 inches plus the width of any door swinging into the space, with doors swinging in either the same direction or away from the space between the doors. Standards §§ 4.1.3(7)(a), 4.13, Figs. 24, 25, 26. Alternatively, on days that the facility is being used as an emergency shelter, keep the interior door propped open.

   3. The doors to the accessible toilet rooms serving the shelter area require too much force to open.  For each, provide a door that does not take more than 5 pounds of force to open or close. Standards §§ 4.1.3(7)(b), 4.13, Fig. 25.

3. Waukegan High School

   1. The main entrance to the area used as a warming center does not provide a 32 inch width at the double doors because of a security Astragal. Instead of removing this device, provide an accessible route near the pool entrance that maintains 32 inch clear width at doors. Provide signage at the main entrance directing users with disabilities to the designated accessible route by the pool entrance. Standards §§ 4.13, 4.30.

   2. Unisex Toilet Room off the Special Education Classroom.

      1. There is no signage for this room, which is the only toilet room designed for persons with disabilities in the area near the emergency shelter. 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.

      2. The door hardware is a round knob. 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 §§ 4.1.3(7)(b), 4.13, Fig. 25.

      3. The toilet centerline measures 31 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the nearest side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.

      4. The rear grab bar is too short. 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 §§ 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

      5. The toilet paper dispenser is placed incorrectly. Provide a toilet paper dispenser that is mounted on the side wall within reach of the toilet, with its top at least 1½ inches under the side grab bar, and centered at least 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.16.6, Fig. 29(b).

Attachment G

Attachment G: Web-Based Services and Programs

The City of Waukegan will:

1. Examine all images and other graphical elements on its website, www.waukeganweb.net, and modify them, as necessary, to ensure that they have an appropriate alt content or other textual alternative.  For example, if the image contains graphical text, that text should be the contents of the alt attribute.  If the graphic is decorative in nature and really does not convey any information (e.g., spacer.gif) then it should have a null alt attribute (alt="").

2. To the extent that cascading style sheets are used, it will ensure that all coloring of text will be implemented using this technology consistently.

3. Examine all data tables to ensure that, at a minimum, row and column header cells are marked up correctly.

4. Provide instructions or contact information for obtaining web linked resources in an alternative format.

Attachment H

Attachment H: Modifications to Newly Constructed Facilities

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

   1. There are no designated accessible parking spaces serving this facility. 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).

   2. Public Toilet Room

      1. Access to the paper towel dispenser is obstructed due to its mounting height and location. 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

      2. The lavatory clear floor space is obstructed by a trash receptacle and the hot water faucet requires 15 pounds of force to operate. Provide a lavatory with 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 §§ 4.1.3(11), 4.22.6, 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

      3. The toilet seat cover dispenser is mounted at 56 inches above the finished floor. Provide a toilet seat cover 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

2. Within 2 years, the City of Waukegan will make the following modifications to Waukegan Fire Station #5:

   1. Although there are 25-50 unmarked parking spaces at this facility, there are no parking spaces designated as reserved for people with disabilities. 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. Women’s Public Toilet Room

      1. The toilet seat cover dispenser is mounted in a location that cannot be reached by someone who uses a wheelchair. Provide a toilet seat cover 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

Attachment I

Attachment I: Modifications to Altered Facilities

1. Within 3 years, the City of Waukegan will make the following modifications to the Municipal Hall & Municipal Hall Addition:

   1. Parking Lot A - Municipal Hall Front ( Metered Parking Lot). Although the parking lot in front of Municipal Hall has a total of 31 parking spaces, only 1 parking space is designated as reserved for persons with disabilities. On the shortest accessible route to the accessible entrance from this lot, 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 §§ 4.1.6(1)(b), 4.1.2(5), 4.6, 4.30.7(1).

   2. There are no signs in front of Municipal Hall or at the accessible metered parking space in front of the building identifying the accessible route to the accessible entrance in the rear of the building. Provide directional signs to the accessible entrance. Standards §§ 4.1.6(1)(b), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

   3. Parking Lot B - Rear of Municipal Hall. Although 3 parking spaces are designated for persons with disabilities at the rear of Municipal Hall, none is “van-accessible.” 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 §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6, 4.30.7(1).

   4. Rear Entrance (Designated Accessible Entrance)

      1. At the accessible rear entrance, provide a sign with the International Symbol of Accessibility designating that entrance as the accessible entrance. Standards §§ 4.1.6(1)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7(1).

   5. City Service Counters - At the Collectors Office, City Business Office, Vehicle Tag Office, and City Clerk’s Office, accessible counter areas are obstructed by display items and the counters are not long enough. At each, provide and maintain a portion of the main counter which is a minimum of 36 inches in length, with a maximum height of 36 inches; or provide an auxiliary counter with a maximum height of 36 in close proximity to the main counter; or provide equivalent facilitation. Standards §§ 4.1.6(1)(b), 4.1.3(1), 7.2(2)(I).

   6. The Water Department Service Counter - The counter is 42 inches above the finished floor. Provide a counter that is a minimum of 36 inches in length, with a maximum height of 36 inches; or provide an auxiliary counter with a maximum height of 36 in close proximity to the main counter; or provide equivalent facilitation. Standards §§ 4.1.6(1)(b), 4.1.3(1), 7.2, 7.2(2);(I);(ii);(iii).

   7. The services located on the second floor are not accessible to persons with disabilities because the interior ramp is too steep. Provide program access to these services, i.e., providing the same services in an accessible location, having staff retrieve information for patrons who use wheelchairs, or making other appropriate arrangements upon request. 28 C.F.R. §§ 35.149-35.150.

   8. Court Room in City Hall

      1. There are no wheelchair seating locations for the public in the Court Room. Provide at least 1 wheelchair seating area, 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 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 1 fixed companion seat is provided next to each wheelchair seating area. Standards §§ 4.1.6(1)(b), 4.1.3(19)(a), 4.5, 4.33.

      2. The pressure required to operate the entry door to the Council Chambers is 18 pounds of force.  Provide a door that does not take more than 5 pounds of force to open or close. Standards §§  4.1.6(1)(b), 4.1.3(7)(b), 4.13, Fig. 25.

      3. There is no accessible emergency exit. Provide an accessible emergency exit.  Standards §§ 4.1.6(1)(b), 4.1.3(9), 4.3.11.

      4. There is no accessible route connecting the wheelchair seating areas to the raised dias. Provide an accessible route connecting the wheelchair seating locations to all used levels. Standards §§ 4.1.6(1)(b), 4.1.3(19)(a), 4.3, 4.33.5.

   9. Both drinking fountains have spouts that are 33 3/4 inches above the finished floor and have knee clearances of 24 inches. 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 1 fountain accessible to those who use wheelchairs and 1 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 §§ 4.1.6(1)(b), 4.1.3(10), 4.15, 4.27.4, Fig. 27.

   10. The public phone, located near the toilet rooms on the first floor, does not have volume control and is not hearing aid compatible. Provide an accessible telephone with a clear floor space of at least 30 inches by 48 inches that allows either a forward or parallel approach by a person using a wheelchair such that bases, enclosures, and fixed seats do not impede approaches to the telephone; with the highest operable part of the telephone mounted no more than 48 inches above the floor for a front approach or no more than 54 inches above the floor for a side approach; that is hearing aid compatible and has a volume control mechanism; with telephone books, if provided, located between 15 and 48 inches above the finished floor for a front approach or between 9 and 54 inches above the finished floor for a side approach; and with a cord of at least 29 inches long from the telephone to the handset. Standards §§ 4.1.6(1)(b), 4.1.3(17), 4.31.

   11. Women’s 1^st Floor Toilet Room (outside Court Room)

       1. The toilet room sign is mounted on the door, does not contain Braille, and does not contain the International Symbol of Accessibility. 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 §§ 4.1.6(1)(b), 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

       2. The pressure required to operate the entry door is more than 20 pounds of force. Ensure that the force required to open the door is no more than 5 pounds of force. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.2, 4.13.11(2)(b).

       3. Toilet Stall for Persons with Disabilities.

          1. The coat hook is too high. 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 §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

          2. The rear grab bar is mounted with the closer end 21 inches from the side wall. Provide a continuous 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 30.

          3. The top of the toilet seat measures 20 ½  inches above the finished floor. Provide a toilet with a seat that measures 17 to 19 inches above the finished floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.3, 4.17.2, Fig. 30(d).

          4. The flush valve 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.5, 4.17.2, 4.27.4.

       4. Audible alarms are provided and can be heard in the toilet room but there is no visual alarm. Provide a visual alarm that is integrated into the facility alarm system and meets 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. Standards §§ 4.1.6(1)(b), 4.1.3(14), 4.28.3.

       5. Lavatory

          1. The lavatory faucets require 15-20 pounds of force to operate. Provide a lavatory 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

          2. The lavatory 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

       6. Men’s 1^st Floor Toilet Room (outside Court Room)

          1. The toilet room sign is mounted on the door, does not contain Braille, and does not contain the International Symbol of Accessibility. 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 §§ 4.1.6(1)(b), 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

          2. The pressure required to operate the entry door is 14 pounds of force. Provide a door that does not take more than 5 pounds of force to open or close. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13, Fig. 25.

          3. Toilet Stall for People with Disabilities.

             1. The coat hook is too high. 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 §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

             2. The rear grab bar is mounted with the closer end 21 inches from the side wall.  Provide a continuous 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. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 30.

          4. 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 §§ 4.1.6(1)(b), 4.1.3(14), 4.28.1, 4.28.3.

          5. The lavatory faucet hardware requires 15-20 pounds of force to operate and the hot water and drain pipes are not insulated or otherwise configured to protect against contact. Provide a lavatory hot water and drain pipes covered or otherwise configured to protect against contact 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

2. Within 3 years, the City of Waukegan will make the following modifications to the Municipal Hall Police Station & Wing Addition:

   1. Rear Entrance (Accessible). The rear entrance, which is the accessible entrance for persons with disabilities, is not marked as such. 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 this entrance. Standards §§ 4.1.6(1)(b), 4.1.3(8)(d), 4.1.3(16)(b), 4.13, 4.30.

   2. Rear Entrance Ramp

      1. There is no signage indicating the location of the ramp. Provide signage at the top of the rear entry ramp on the side of the building that can be seen from the front corner of the building and rear parking lots. Standards §§ 4.1.6(1)(b), 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

      2. Access to the ramp is obstructed by a change in level exceeding 1 inch. Ensure that there are no level changes in excess of ½ inch vertically and any changes in level between ¼ and ½ inch are beveled. Standards §§ 4.1.6(1)(b), 4.1.3(1), 4.3, 4.5, Fig. 7.

      3. The handrails are too low, varying between 30½ and 33 inches. 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 §§ 4.1.6(1)(b), 4.1.2(1), 4.1.2(2), 4.3.8, 4.8.

   3. The automatic door operator at the rear entrance is inoperative and, when opened manually, the doors do not provide adequate maneuvering clearances within the vestibule. Provide a designated accessible entrance that has at least one active leaf with a minimum clear opening width of 32 inches with the door open 90 degrees, measured between the face of the door and the opposite stop; that has a minimum space between two hinged or pivoted doors of 48 inches plus the width of any door swinging into the space, with doors swinging in either the same direction or away from the space between the doors; OR provide and maintain a working automatic door opener that opens both doors fully and simultaneously. Standards §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13, Figs. 24, 25, 26.

   4. The rear entrance is inaccessible because it has a 1 inch threshold. Provide a designated accessible entrance that has a threshold not exceeding ½ inch in height and beveled with a slope no greater than 1:2. Standards §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13, Figs. 24, 25.

   5. Interior Ramp - The interior ramp in the main hallway between the men’s locker room and the juvenile interview room is very steep and does not have any handrails. Provide a ramp that is at least 36 inches wide with a slope not exceeding 1:12 and a cross slope not exceeding 1:50; and with level landings at least as wide as the ramp and 60 inches long 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 §§ 4.1.6(1)(b), 4.1.2(1), 4.1.2(2), 4.3.8, 4.8.

   6. Juvenile Holding Cell

      1. Juvenile Jail Cell Toilet/Lavatory - The toilet/ lavatory combination unit is totally inaccessible.  Provide a toilet and lavatory in this holding cell that complies with all aspects of the Standards. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22, 4.2, 4.3, 4.13, 4.19, 4.27.

      2. The stationary bed in the jail cell is mounted at 22 inches from the finished floor.  Provide a bed that is mounted no higher than 19 inches above the finished floor. Standards §§ 4.1.6(1)(b), 4.1.3,  4.35.4, 4.26.3.

   7. The toilet room outside of the Detectives Bureau is not accessible. Provide directional signage indicting the location of the toilet room outside the Evidence Room, which will be made accessible under the terms of this Agreement. Standards §§ 4.1.6(1)(b), 4.1.3(16), 4.30.1.

   8. Toilet Room Outside the Evidence Room

      1. The entry door is inaccessible because it provides a clear opening width of only 27 inches and requires 14 pounds of force to open. 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 that takes 5 pounds of force or less to open. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.2, 4.13.5, 4.13.9.

      2. The toilet is inaccessible because the centerline is 16 inches from the side wall and the seat is 16 ½ inches above the finished floor. Provide a toilet with a centerline that is 18 inches from the near side wall and a seat that is between 17 and 19 inches above the finished floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.2, 4.16.3, 4.16.5, Figs. 28, 29.

      3. The toilet’s flush control valve 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.5, 4.27.4.

      4. The mirror is too high. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6.

      5. The height of the rim of the lavatory is 28 ½ inches above the floor, the hot water and drain pipes are not insulated or configured to protect against contact, and the lavatory faucets require 10-12 pounds of force to activate and will not stay on. 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 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.2, 4.19.3, 4.19.4, 4.19.5, 4.27.4, Figs. 31, 32.

      6. No accessible soap dispenser is provided. Provide a soap 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 §§ 4.1.6(1)(b), 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

      7. The paper towel dispenser is mounted with its operating mechanism 55 inches above the finished floor and the approach is blocked by the placement of a trash can. 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 §§ 4.1.6(1)(b), 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

   9. The drinking fountain near the evidence room is not accessible. 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. Ensure that fountain controls are operable with one hand, require 5 pounds of force or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. For each accessible drinking fountain, 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 §§ 4.1.6(1)(b), 4.1.3(10), 4.15, 4.27.4, Fig. 27.

   10. The existing elevator does not have an audible signal at the hoist way entrance, hall lantern fixtures, or raised and Braille characters on hoist way entrances. Ensure that car position 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 ½ inch high. 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 2½ 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. Provide signage at hoistway entrances with raised and Braille floor designations on both jambs such that the centerline of the characters is 60 inches above the finished floor and the characters are 2 inches high. Standards §§ 4.1.6(1)(b), 4.1.3(5), 4.10.4, Fig. 20, 4.10.13, 4.10.5.

   11. Women’s Toilet Room Outside the Police Chief’s Office

       1. The toilet room identification sign is mounted on the door and does not contain Braille. 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 §§ 4.1.6(1)(b), 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

       2. The highest operable part of the paper towel dispenser is 50 inches above the finished floor and requires a front approach. The dispenser also requires the user to tightly grasp the towels to advance them. 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 dispenser can be used with 1 hand and without tight grasping. Standards §§ 4.1.6(1)(b), 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

       3. 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 §§ 4.1.6(1)(b), 4.1.3(14), 4.28.1, 4.28.3.

       4. The rear grab bar is 25 inches long and it is mounted so that its closer end is 19 inches from the side wall. 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

       5. The flush 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.5, 4.27.4.

       6. The toilet seat cover dispenser is mounted at 59 inches above the floor. Provide a toilet seat cover 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 §§ 4.1.6(1)(b), 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

       7. 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

       8. The door requires 15-20 pounds of force to operate. Ensure that the door does not require more than 5 pounds of force to open or close. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13.

   12. Men’s Toilet Room Outside of the Police Chief’s Office

       1. The toilet room identification sign is mounted on the door and does not contain Braille. 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 §§ 4.1.6(1)(b), 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

       2. The coat hook is too high. 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 §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

       3. The highest operable part of the paper towel dispensers on the front wall is 50 inches above the finished floor and requires a forward approach. 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 §§ 4.1.6(1)(b), 4.1.3(13), 4.27.2, 4.27.3, 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 §§ 4.1.6(1)(b), 4.1.3(14), 4.28.1, 4.28.3.

       5. The rear grab bar is 25 ½  inches long and is mounted with its closer end 19 ½  inches from the side wall. 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4, 4.26.2, Fig. 29.

       6. The toilet centerline is 16½ inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.2, Fig. 28.

       7. The mirror is too high. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.6.

       8. 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 §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

       9. The door requires 10 pounds of force to operate. Ensure that the door does not take more than 5 pounds of force to open or close. Standards §§ 4.1.6(1)(b), 4.1.3(7)(b), 4.13, Fig. 25.

   13. Entrance to the holding cell area - The route through the secure parking area where inmates are transported contains a 6 inch high platform. Provide a ramp that is at least 36 inches wide and has a slope not exceeding 1:12 and a cross slope not exceeding 1:50. 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. On both sides of the ramp, provide handrails between 1¼ inches and 1½ inches in diameter with a continuous gripping surface. Ensure that the handrails extend at least 12 inches beyond the top and bottom of the ramp parallel with the ground surface, that they are mounted between 34 inches and 38 inches above the ramp surface, that they will not rotate within their fittings, and that they have ends that are rounded or return smoothly to floor, wall, or post. Provide edge protection that is at least 2 inches high at the ramp’s drop off sides. Ensure that the ramp and its level landing at the top and bottom are designed and maintained so that water does not accumulate on walking surfaces. Standards §§ 4.1.6(1)(b), 4.1.2(1), 4.1.2(2), 4.3.8, 4.8.

   14. Men’s and Women’s Holding Cells

       1. Neither the men’s nor the women’s holding cells are accessible to persons with disabilities. Provide a fully accessible holding cell for each gender or develop an alternative. If developing an alternative, such as a facility-sharing agreement with an entity that has accessible cells, it must be submitted to the Department within 1 year of the effective date of this agreement for approval, which approval shall not unreasonably be withheld.

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

   1. The laminated directional sign by the circulation desk that points to the downstairs toilet rooms is inaccessible. Provide directional signage with upper case, sans serif or simple serif type letters and numerals, and meeting the requirements of the Standards for character height, raised characters, finished and contrast. Standards §§ 4.1.2(7), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

   2. Women’s Toilet Room with Stalls (Ground Floor)

      1. The toilet room sign is mounted on the door and does not contain the International Symbol of Accessibility. 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.

      2. Toilet Stall for People with Disabilities

         1. 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 §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 30.

         2. The toilet paper dispenser is 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 §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

         3. The toilet has a centerline of 20 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30.

      3. The paper towel dispenser requires tight grasping to advance a new towel. Provide a paper towel dispenser 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 §§ 4.1.3(13), 4.27.4.

      4. The soap dispenser is not easily reachable by persons who use wheelchairs. Provide a soap 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

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

      6. The coat hook is too high. 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 §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

      7. 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 §§ 4.1.3(14), 4.28.1, 4.28.3.

   3. Men’s Toilet Room with Stalls (Ground Floor)

      1. The toilet room sign is mounted on the door and does not contain the International Symbol of Accessibility. 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.

      2. Toilet Stall for Persons with Disabilities.

         1. The toilet paper dispenser is mounted 37 inches above the finished floor and obstructs the use of 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 §§ 4.1.3(11), 4.22.4, 4.17.3, Fig. 30(d).

         2. The coat hook is too high. 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 §§ 4.1.3(12)(a), 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

      3. The paper towel dispenser requires tight grasping to advance a new towel. Provide a paper towel dispenser 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 §§ 4.1.3(13), 4.27.4.

      4. The soap dispenser is not easily reachable by someone who uses a wheelchair. Provide a soap 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 §§ 4.1.3(13), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6, Fig. 4.

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

      6. 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 §§ 4.1.3(14), 4.28.1, 4.28.3.

   4. Lower Level Toilet Rooms

      1. Women’s Toilet Room

         1. The toilet room sign is mounted on the door and does not contain the International Symbol of Accessibility. 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.

      2. Men’s Toilet Room

         1. The toilet room sign is mounted on the door and does not contain the International Symbol of Accessibility. 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.

         2. The trash can blocks the required maneuvering space to the door inside the room. Provide and maintain an unobstructed turning space at least 60 inches in diameter or a T-shaped space complying with Fig. 3(b). Standards §§ 4.1.3(11), 4.22.3, 4.2.3, Fig. 3.

      3. Lower level - Girls’ & Boys’ Single User Toilet Rooms

         1. The paper towel dispensers in both of these toilet rooms require tight grasping to advance new towels. Provide paper towel dispensers with controls that can be operated with 5 pounds of force 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 §§ 4.1.3(13), 4.27.4.

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.