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United States of America v. Quiktrip Corporation - Consent Decree

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EXHIBIT A Required Accessible Elements at QuikTrip Stores

1. Accessible Routes. Accessible routes shall be provided in compliance with ADA Standards §§ 4.1.2(1), 4.1.3(1), and 4.3, including the following requirements:

     a. At least one accessible route complying with ADA Standards § 4.3 shall be provided within the boundary of the QuikTrip site from accessible public transportation stops, accessible parking, and public streets and sidewalks, to an accessible building entrance, in compliance with ADA Standards §§ 4.1.2(1), 4.1.3(1), and 4.3.2(1). Such accessible route(s) shall, to the maximum extent feasible, coincide with the route used by the general public, in compliance with ADA Standards § 4.3.2(1).

     b. At least one accessible route complying with ADA Standards § 4.3 shall be provided to connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site, including the accessible entrance (e.g., fuel pumps to the store entrance), in compliance with ADA Standards §§ 4.1.2(2), 4.1.3(1), and 4.3.2(2).

     c. Each accessible route provided shall comply with the ADA Standards, including but not limited to the following requirements:

            (1) Width. Provide accessible routes with a minimum clear width of 36 inches at all points, except as provided in the ADA Standards, where the width may decrease to 32 inches for a distance of no more than 24 inches (e.g., doorways). Specifically, where vending machines, display racks, trash receptacles, firewood, pallets of retail merchandise, newspaper stands, planters, or benches are on site, these items may not constrict an accessible route width to less than that specified above. 28 C.F.R. § 36.211 and ADA Standards §§ 4.1.2(2), 4.1.3(1), 4.2.1, 4.3.3, and 4.13.5.

            (2) Protruding Objects. All objects that protrude from surfaces or posts into circulation paths shall comply with ADA Standards § 4.4 and a minimum 80 inch vertical clearance shall be provided in walks, halls, corridors, aisles or other circulation spaces.. Protruding objects shall not reduce the clear width of an accessible route or maneuvering space, in compliance with ADA Standards § 4.4.1.

            (3) Slope. An accessible route with a running slope greater than 1:20 (5%) is a ramp and shall comply with ADA Standards §§ 4.3.7 and 4.8. Nowhere shall the cross slope of an accessible route exceed 1:50 (2%) or the slope of an accessible route exceed 1:12 (8.33%).

            (4) Changes in Levels. Changes in levels along an accessible route shall comply with ADA Standards §§ 4.3.8 and 4.5.2. If an accessible route has changes in level greater than ½ inch, then a curb ramp that complies with ADA Standards § 4.7 or a ramp that complies with ADA Standards § 4.8 shall be provided.

            (5) The overhangs of legally parked vehicles shall not reduce the width of an accessible route. Standards § 4.6.3.

2. Ramps. Ramps shall be provided in compliance with the ADA Standards §§ 4.1.2(1), 4.1.2(2), 4.1.3(4), 4.3.8, and 4.8, including the following requirements:

     1. Dimensions. In accordance with the ADA Standards, each ramp shall be at least 36 inches wide with a slope not exceeding 8.33% and a cross slope not exceeding 2%; with level landings at least as wide as the ramp and 60 inches long at the top and bottom of the ramp and where there is an intermediate landing without a change in direction; with level landings measuring at least 60 inches by 60 inches when the ramp changes direction; with no level changes in excess of ½ inch vertically and no level changes greater than ¼ inch vertically unless they are beveled with a slope no greater than 50%; and with edge protection that is at least 2 inches high at the drop-off sides.

     2. Handrails. In accordance with the ADA Standards, handrails shall be provided that are between 1¼ inches and 1½ inches in diameter such that the inside handrail is continuous and both handrails have 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; the handrails do not rotate within their fittings; and both handrails are mounted between 34 inches and 38 inches above the ramp surface and 1½ inches from the wall, with ends rounded or returned smoothly to the floor, wall, or post.

     3. Surfaces. In accordance with the ADA Standards, ramps and approaches shall be designed so that water will not accumulate on walking surfaces.

3. Curb Ramps. Curb ramps shall be provided in compliance with the ADA Standards §§ 4.1.2(1), 4.1.2(2), 4.3.7, 4.3.8, 4.5.2, 4.7, Fig. 12, including the following requirements:

     a. Dimensions. Curb ramps shall be at least 36 inches wide, have a maximum slope of 8.33% and a maximum cross slope of 2%, located so that they cannot be obstructed by parked vehicles, have transitions on and off that are flush and free of abrupt level changes, and have a stable, firm, and slip-resistant surface with an ADA-compliant detectable warning. If the curb ramp is located where pedestrians must walk across it, curb ramps must have either flared sides (with a maximum slope of 10%) or handrails or guardrails to protect against cross traffic.

     b. Encroachments. Curb ramps shall not encroach, protrude, or project into access aisles and/or vehicular traffic lanes.

4. Accessible Parking. Accessible parking spaces shall be provided in compliance with the ADA Standards §§ 4.1.2(5) and 4.6, including but not limited to the following requirements:

     a. Van Accessible Parking Spaces. When there is only one accessible parking space, it shall be a van accessible parking space. Additional van accessible parking spaces shall be provided in accordance with ADA Standards § 4.1.2(5)(a).

     b. Location. Each accessible parking space shall be located on the shortest accessible route of travel from the parking area to an accessible entrance, in compliance with ADA Standards § 4.6.2.

     c. Width. Each designated accessible parking space shall be at least 96 inches wide.

     d. Slope. Each designated accessible parking space shall be flat and level with slopes and cross-slopes not exceeding 1:50 (2%) in all directions. Standards § 4.6.3.

     e. Parking Access Aisles. A designated access aisle, at least 96 inches wide for a van accessible space and 60 inches wide for a standard accessible space, shall be provided adjacent to each designated accessible parking space. Each access aisle shall be flat and level with slopes and cross-slopes not exceeding 1:50 (2%) in all directions and, as a result, a curb ramp shall not be located in an access aisle. Each access aisle shall be part of an accessible route to the facility entrance. ADA Standards §§ 4.1.2(5), 4.6.3, Fig. 9.

     f. Signage. Each accessible parking space shall be so designated with signage complying with ADA Standards §§ 4.6.4 and 4.30. Such signage shall be located so that it cannot be obscured by a vehicle parked in the space, including a van, in compliance with Standards § 4.6.4.

5. Accessible Fuel Dispensers, Self-Service Payment Mechanisms, and Call Buttons. The following requirements will apply to fuel dispensers, self-service payment mechanisms, and call buttons located on fuel dispensers at QuikTrip Stores.

     a. QuikTrip Stores Designed and Constructed After the Effective Date. At QuikTrip Stores designed and constructed by, on behalf of, or for the use of QuikTrip after the Effective Date of the Consent Decree, at least two fuel dispensers shall be on the shortest accessible route to the entrance to the QuikTrip Store and all fuel dispensers, the controls, self-service payment mechanisms, and call buttons shall comply with ADA Standards §§ 4.2, 4.3, 4.27.2 and 4.27.3 for Space Allowance and Reach Ranges, and Controls and Operating Mechanisms, including the following requirements:

        i. Height. The highest operable part of the controls for each fuel dispenser, self-service payment mechanism, and call button shall be within one of the reach ranges specified in ADA Standards §§ 4.2.5 and 4.2.6, except that such equipment shall be installed so that a reach no higher than 48 inches shall be required for a side reach.

        ii. Clear Floor Space. Clear floor space that allows a forward or a parallel approach by a person using a wheelchair shall be provided at each fueling position at each fuel dispenser, self-service payment mechanism, and call button in accordance with ADA Standards §§ 4.2.4 and 4.27.2. The total space allotted to vehicles stopped at each fuel dispenser, self-service payment mechanism, and call button must ensure that such clear floor space is available in front of each fuel dispenser and self-service payment mechanism at each fueling position.

        iii. Operation. The controls and operating mechanisms on each fuel dispenser, self-service payment mechanism, and call buttons must comply with ADA Standards §§ 4.27.1, 4.27.2, and 4.27.3.

        iv. International Symbol of Accessibility. QuikTrip shall install a sign or signs with the International Symbol of Accessibility in a location conspicuous to vehicles approaching the fuel dispenser(s) where required to identify accessible routes. Standards § 4.1.2(7).

     b. QuikTrip Stores Open as of the Effective Date. The following provisions apply to QuikTrip Stores that are open for business as of the Effective Date of the Consent Decree.

        i. At QuikTrip Stores open for business as of the Effective Date of the Consent Decree where controls and operating mechanisms on fuel dispensers, self-service payment mechanisms, and call buttons are in compliance with the side reach range requirement of ADA Standards § 4.2.6, QuikTrip shall make modifications such that the fuel dispenser operating mechanisms and controls and the accompanying self-service payment mechanisms and call buttons serving at least two fueling positions comply with the requirements set out in 5.a.ii. and 5.a.iii. above.

        ii. At QuikTrip Stores open for business as of the Effective Date of the Consent Decree where controls and operating mechanisms on fuel dispensers, self-service payment mechanisms, and call buttons do not comply with ADA Standards § 4.2.6, QuikTrip shall make modifications such that the fuel dispenser operating mechanisms and controls, accompanying self-service payment mechanisms, and call buttons serving at least two fueling positions comply with the requirements set out in 5.a.i. through 5.a.iii. above. Necessary modifications may include actions such as the lowering of a fuel dispenser to ensure that the fuel selector switch complies with ADA Standards § 4.2.6 or installing an auxiliary self-service payment mechanism on a fuel dispenser to ensure that it complies with the 48 inch maximum side reach range requirement specified in 5.a.i.

        iii. At the two accessible fuel positions at each Store referenced in 5.b.i. and 5.b.ii., QuikTrip shall install a sign with the International Symbol of Accessibility in a location conspicuous to vehicles approaching the accessible fueling position. Standards § 4.1.2(7).

     c. Alterations. Notwithstanding the foregoing provisions of 5.a. and 5.b., if fuel dispensers are replaced during the term of this Consent Decree, all controls and operating mechanisms on such dispensers, including self-service payment mechanisms, will require a side reach of no more than 48 inches above the finished grade. Any other alterations or modifications to fuel dispensers, self-service payment mechanisms, and call buttons that do not provide for a side reach of 48 inches or less above the finished grade and any fuel dispensers added to a QuikTrip Store, regardless of the date on which the QuikTrip Store was designed and constructed, shall include modifications to achieve compliance with the requirements of 5.a.i. through 5.a.iv. to the maximum extent feasible.

     d. AcquisitionsThe requirements of 5.b. and 5.c. shall apply to Future QuikTrip Stores that are not designed and constructed by, on behalf of, or for the use of QuikTrip after the Effective Date of this Consent Decree.

6. Other Amenities. Any other amenities offered to customers at other fuel positions (e.g., paper towel dispensers, squeegees, trash receptacles) shall also be offered at the accessible fuel positions provided pursuant to 5. above. These amenities shall be located on an accessible route with clear floor space in front of the amenity and within one of the reach ranges in the ADA Standards except that the side reach provided shall always be 48 inches or less in height. ADA Standards §§ 4.2.5, 4.2.6.

7. Exterior Air and Water Dispensers. At each location where QuikTrip provides an exterior air dispenser for use by the public, at least one such device shall be accessible in accordance with this paragraph. The highest operable part of the controls for each accessible air dispenser shall be within one of the reach ranges specified in ADA Standards §§ 4.2.5 and 4.2.6. Clear floor space that allows for a forward or parallel approach for a person using a wheelchair shall be provided in front of the accessible air dispenser. ADA Standards § 4.27.2. The ILA shall review and submit to the USILA for approval QuikTrip's proposed design for parking and access at the air dispensers. If QuikTrip chooses to have an exterior water dispensers at any QuikTrip Store, then each such dispenser must meet the same provisions for accessibility that are required for air dispensers.

8. Signage. Provide toilet room signage with upper case, sans serif or simple serif type letters and numerals, meeting the requirements of the Standards for character height, raised characters, and finish and contrast, accompanied by Grade 2 Braille; mounted on the wall adjacent to the latch side of the door or on the nearest adjacent wall at a height of 60 inches above the finished floor to the centerline of the sign; and located so that a person may approach within 3 inches of the signage without encountering protruding objects or standing within the swing of a door. ADA Standards §§ 4.1.2(7), 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

9. Doors. Doors shall be provided in compliance with ADA Standards §§ 4.1.3(7), 4.13, Fig. 25, including but not limited to the following requirements:

     a. Generally. Doors shall have 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 shall have 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.

     b. Slopes. Unless an automatic door operator is provided, there must be clear and level maneuvering clearances at the pull side and the push side of the door as indicated in Fig. 25.

     c. Thresholds. The door's threshold must be ½ inch or less in height and, if it is greater than ¼ inch in height, beveled with a slope of no greater than 50%.

     d. Door Closers. If a door closer is provided, it must be set so that the sweep period of the door will, from an open position of 70 degrees, take at least 3 seconds to move to a point 3 inches from the latch, measured to the leading edge of the door.

     e. Operating Force. Interior doors must not require more than 5 pounds of force to open or close.

10. Accessible Means of Egress. Accessible means of egress for QuikTrip facilities shall be provided in the same number as required for exits by local building/life safety regulations. ADA Standards §§ 4.1.3(8), (9).

11. Toilet Rooms. Toilet rooms shall be provided in compliance with ADA Standards §§ 4.1.3(11), 4.16-4.19, 4.22, 4.24, 4.26, Figs. 29-32, 39, including the following requirements:

     a. Toilet Rooms with Stalls. Toilet rooms with stalls shall provide accessible elements, including signage, door, door hardware, clear floor space, water closet, stall size and arrangement, stall door, urinal (if provided), grab bars, lavatory, unobstructed turning space, mirror, controls, and dispensers, that comply with the ADA Standards. ADA Standards §§ 4.1.2(6), 4.1.3(11), 4.2.3, 4.13, 4.16, 4.17, 4.18, 4.19, 4.22, 4.26, 4.27, 4.30, and Fig. 30.

     b. Single User Toilet Rooms. Single user toilet rooms shall provide accessible elements, including signage, door, door hardware, clear floor space, water closet, urinal (if provided), grab bars, lavatory, unobstructed turning space, mirror, controls, and dispensers, that comply with the ADA Standards. ADA Standards §§ 4.1.2(6), 4.1.3(11), 4.2.3, 4.22, 4.13, 4.16, 4.18, 4.19, 4.26, 4.27, 4.30, and Figs. 28, 29.

12. Mercantile and Food Elements. Mercantile and food elements shall be provided in compliance with ADA Standards §§ 4.1.3, 4.1.5, and 4.1.6, including the following requirements:

     a. Shelving and Display Units for Merchandise. Fixed and built-in shelves or display units allowing self-service of merchandise or packaged food, as well as any movable displays, shall comply with ADA Standards § 4.1.3(12)(b); and shall have clear floor space of 30 inches by 48 inches, allowing either a forward or parallel approach, ADA Standards § 4.2.4.

     b. Food and Drink Counters. Food and drink counters shall have a portion of the main counter, with a minimum clear width of 36 inches, located on an accessible route, and the counter shall be between 28 and 34 inches in height. ADA Standards §§ 5.5, 4.2.5, 4.2.6, Fig. 53.

13. Sales and Service Counters. At least one sales and service counter of each type at each QuikTrip Store shall have a portion at least 36 inches wide and no more than 36 inches above the finished floor, located on an accessible route. ADA Standards §§ 4.1.1(2), 7.2(1), 4.1.3(1), 4.3.

14. Self-service Shelves and Dispensing Devices. Self-service shelves and dispensing devices for tableware (e.g., QT refillable cups, QT Mix*It*Up cups, hot dog bun and nacho containers, etc.), dishware, condiments (e.g., food toppings, seasonings, etc.), food (e.g., taquitos, buffalo chicken rollers, etc.), and beverages (e.g., frozen cappuccino, Freezoni, HYDR8 Premium Sports Drink, etc.) must be 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. ADA Standards §§ 5.6, 4.2.5, 4.2.6, Fig. 54. Side reaches shall be no higher than 48 inches above the finished floor in Future QuikTrip Stores that open for business twelve months or later after the Effective Date of this Consent Decree.

15. Vending Machines, Equipment, and Other Controls and Operating Mechanisms. Such equipment and devices shall be located on an accessible route and there shall be clear floor space of 30 inches by 48 inches in front of such equipment and devices for a forward or side approach. Any such machines or equipment that are installed or replaced after the Effective Date of the Consent Decree shall have controls and operating mechanisms that comply with the ADA Standards if such equipment is available. ADA Standards §§ 4.1.3(13), 4.2, 4.27, and 5.8.

16. Fixed or Built in Seating and Tables. If a QuikTrip Store provides fixed or built-in seating and tables, sufficient accessible tables shall be provided so that 5% of them (but no fewer than one) are available for use by people with mobility disabilities. Each accessible table must be on an accessible route, must have knee space at the table at least 27 inches high, 30 inches wide, and 19 inches deep, and must have a table top between 28 inches and 34 inches above the finished floor. Tables shall be distributed throughout the facility. ADA Standards §§ 4.1.3(18), 4.32.3, 4.32.4, 5.1.

17. Emergency Warning Systems. If an emergency warning system is provided, visual alarm devices shall be provided in toilet rooms and any other area for common use at QuikTrip facilities, including convenience stores, travel centers, and hallways. Such devices shall be integrated into the facility alarm system and shall meet the requirements of the ADA Standards. Alarm pull stations shall comply with the requirements for clear floor space, reach ranges, and controls and operating mechanisms. ADA Standards §§ 4.1.3(14), 4.27, 4.28.3.

18. Ground and Floor Surfaces. Ground and floor surfaces shall comply with ADA Standards §§ 4.1.2(4), 4.1.3(3), and 4.5, including the following requirements:

     a. Interior and exterior accessible routes, floors, walks, ramps, stairs, and curb ramps shall be stable, firm, and slip-resistant. ADA Standards § 4.5.1.

     b. Changes in level between 1/4 inch and ½ inch shall be beveled with a slope no greater than 50%. Changes in level greater than ½ inch shall be accomplished by means of a ramp that complies with ADA Standards §§ 4.7 or 4.8. ADA Standards § 4.5.2.

19. Protruding Objects. Circulation paths shall be provided such that no objects (e.g., QT Signs, hall lanterns) have their leading edges protruding more than 4 inches into walks, halls, corridors, passageways, or aisles at a height between 27 inches and 80 inches above the finished floor or ground. Free-standing objects mounted on posts or pylons may overhang no more than 12 inches at a height between 27 and 80 inches above the finished floor or ground. Providing a cane-detectable barrier is an acceptable solution. A protruding object (and cane-detectable barrier) shall not reduce the clear width of an accessible route or maneuvering space. ADA Standards §§ 4.1.2(3), 4.1.3(2), and 4.4.

20. Telephones. Accessible telephones shall be provided 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; with a cord of at least 29 inches long from the telephone to the handset; and with signage that complies with the Standards. Standards §§ 4.1.3(17), 4.31, 4.30.7(2).

21. All elements, whether or not identified in this Exhibit, shall comply with the Standards in their design and construction, including, among other things, showers, dressing and fitting rooms, and drinking fountains.

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