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

This document, portion of document or clip from legal proceedings may not represent all of the facts, documents, opinions, judgments or other information that is pertinent to this case. The entire case, including all court records, expert reports, etc. should be reviewed together and a qualified attorney consulted before any interpretation is made about how to apply this information to any specific circumstances.

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 1st 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 1st 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, 4.34.13, 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), 4.1.34.35.4, 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.

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