PROJECT CIVIC ACCESS AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE FOREST PRESERVE DISTRICT OF WILL COUNTY, ILLINOIS
UNDER THE AMERICANS WITH DISABILITIES ACT

DJ 204-23-220



BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Department of Justice (Department) initiated this matter as a compliance review of the Forest Preserve District of Will County, Illinois (FPDWC) 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 conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on FPDWC’s compliance with the following title II requirements:

As part of its compliance review, the Department reviewed the Sugar Creek Forest Preserve, which – because construction commenced after January 26, 1992 – must comply with the ADA’s new construction requirements.

JURISDICTION

  1. The ADA applies to FPDWC 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 FPDWC with title II of the ADA and the Department's title II implementing 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 parties to this Agreement are the United States of America and the Forest Preserve District of Will County, Illinois.
  4. In order to avoid the burden and expense of an investigation and possible litigation, the parties enter into this Agreement.
  5. 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.”

REMEDIAL ACTION

NOTIFICATION

  1. Within two months of the effective date of this Agreement, FPDWC will adopt the attached Notice (Attachment A); distribute it to all agency heads; publish the Notice in a local newspaper of general circulation serving FPDWC; 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.
  2. Within six months of the effective date of this Agreement, and on yearly anniversaries of this Agreement until it expires, FPDWC will implement and report to the Department its written procedures for providing information for interested persons with disabilities concerning the existence and location of FPDWC’s accessible programs, services, and activities.

GRIEVANCE PROCEDURE

  1. Within three months of the effective date of this Agreement, FPDWC 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

  1. Within three months of the effective date of this Agreement, FPDWC 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.).
  2. FPDWC will take steps to ensure that all appropriate employees are trained and practiced in using the Illinois Telephone Relay Service to make and receive calls.

SIDEWALKS

  1. Within three months of the effective date of this Agreement, FPDWC 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.
  2. Beginning no later than three months after the effective date of this Agreement, FPDWC 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 either directly or through intergovernmental agreements with municipalities.

WEB-BASED SERVICES AND PROGRAMS

  1. Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, FPDWC 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 FPDWC (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment C to this Agreement (it is also available at www.ada.gov/websites2.htm).
  2. Within six months of the effective date of this Agreement, and throughout the life of the Agreement, FPDWC 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 people with disabilities to test its pages for ease of use.

EMPLOYMENT

  1. Within three months of the effective date of this Agreement, FPDWC 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 FPDWC:
    • 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 FPDWC’s business. If an applicant or an employee requests a reasonable accommodation and the individual's disability and need for the accommodation are not readily apparent or otherwise known, FPDWC 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 FPDWC’s selection criteria have the effect of disqualifying an individual because of disability, those criteria will be job-related and consistent with business necessity.

PHYSICAL CHANGES TO FACILITIES

  1. The elements or features of FPDWC’s facilities that do not comply with the Standards, prevent persons with disabilities from fully and equally enjoying FPDWC’s 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.
  2. FPDWC will comply with the cited provisions of the Standards when taking the actions required by this Agreement.
  3. Within six months of the effective date of this Agreement, FPDWC 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.

New Construction:

Within 24 months of the effective date of this Agreement, the Forest Preserve District of Will County will complete the following modifications to the Sugar Creek Forest Preserve, located at 17540 W. Laraway Rd, Joliet:

A.Visitor Parking

(1)  The signage designating parking as reserved for persons with disabilities is too low. At each 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).

(2)  The parking reserved for persons with disabilities is inaccessible because the slope of space #2 and the accompanying access aisle is 3.1%. Provide designated accessible parking spaces and access aisles that are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, with surfaces that are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.3.6, 4.5.1, 4.6.3.

(3)  The parking lot is inaccessible because the visitor curb ramp can be blocked by parked vehicles since the access aisle is not striped. At each standard accessible space, provide an access aisle at least 60 inches wide. At each van accessible space, provide an access aisles at least 96 inches wide. Ensure that all access aisles are flat and level, with slopes and cross-slopes not exceeding 1:50 in all directions, and that their surfaces are firm, stable, and slip-resistant. Standards §§ 4.1.2(5), 4.6.3, Fig. 9.

B.Accessible Route (visitor)

(1)  The visitor route is inaccessible because the slope measures 10.1% and the cross slope measures 6.3%. Provide at least one accessible route within the boundary of the site connecting these elements 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 §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

C.Curb cut

(1)  The route from the parking lot to the sidewalk is inaccessible because the slope of the primary curb cut is 8.9%, there is no level landing at the top (slope 9.7%), and the slope of the flared sides is 18.1%. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards § 4.1.2(1), 4.3.8, 4.7, Fig. 12.

D.Public Toilet Room with stalls, Men’s (inside)

(1)  The toilet room sign is mounted 58 ½ inches above the finished floor and the Braille on the sign gives only the room number. 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 toilet room door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards § 4.13.11(2)(b).

(3)  The route to the urinal is inaccessible because it is only 29 ½ inches wide. Provide an accessible route to the urinal with a minimum clear width of 36 inches, except at doors, where the width may decrease to 32 inches. Standards §§ 4.1.3(1), 4.3.3, 4.13.5.

(4)  No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

(5)  The route through the toilet room is inaccessible because the wall-mounted hand dryer protrudes 6 inches into the main walkway. 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 § 4.1.2(3), 4.4.

(6)  Toilet:

(a)  The toilet is inaccessible because its centerline measures 19¼ 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.

(b)  No accessible coat hook has been provided. 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.

(c)  The side grab bar at the toilet is inaccessible because the toilet seat cover dispenser interferes with its use. Provide 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 §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

E.Public Toilet Room with stalls, Women’s (inside)

(1)  The toilet room sign is mounted 58 ½ inches above the finished floor and the Braille on the sign gives the room number only. 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 toilet room door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

(3)  The route to the toilet room is inaccessible because the path is 37 inches wide; additional room is required since one must turn left upon immediately entering the toilet room. Provide an accessible route to the toilet room with required minimum width, passing space, head room, surface textures, slopes, and changes in level. Standards §§ 4.1.3(11), 4.22.1, 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.5, 4.3.6, 4.3.7, 4.3.8.

(4)  No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

(5)  The route through the toilet room is inaccessible because the wall-mounted hand dryer protrudes 6 inches into the main walkway. 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 § 4.1.2(3), 4.4.

(6)  Toilet:

(a)  No accessible coat hook has been provided. 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.

(b)  The side grab bar at the toilet is inaccessible because the toilet seat cover dispenser interferes with its use. Provide 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 §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

F.Employee Toilet Room with stalls, Men’s

(1)  The toilet room sign is mounted 58½ inches above the finished floor and the Braille on the sign gives the room number only. 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 toilet room door is inaccessible because the pressure required to open the door is 9 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

(3)  No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

(4)  The route through the toilet room is inaccessible because the wall-mounted hand dryer protrudes 6 inches into the main walkway. 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 § 4.1.2(3), 4.4.

(5)  Toilet:

(a)  No accessible coat hook has been provided. 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.

(b)  The side grab bar at the toilet is inaccessible because the toilet seat cover dispenser interferes with its use. Provide 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 §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

G.Employee Toilet Room with stalls, Women’s

(1)  The toilet room sign is mounted 58½ inches above the finished floor and the Braille gives the room number only. 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 toilet room door is inaccessible because the pressure required to open the door is 10 pounds. Provide a door that requires no more than 5 pounds of force to open. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

(3)   No accessible mirror has been provided. Provide a mirror with the bottom edge of its reflecting surface no more than 40 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.6, 4.19.6.

(4)   The route through the toilet room is inaccessible because the wall-mounted hand dryer protrudes 6 inches into the main walkway. 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 § 4.1.2(3), 4.4.

(5)   Toilet:

(a)  No accessible coat hook has been provided. 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.

(b)  The side grab bar at the toilet is inaccessible because the toilet seat cover dispenser interferes with its use. Provide 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 §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2, Fig. 39.

H.Trail

(1)  Accessible Route

(a)  Curb cut at parking

(i)   The route from the parking lot to the outdoor trail is inaccessible because the slope of the primary curb cut is 13.1% and the slope of the flared sides is 33%. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards § 4.1.2(1), 4.3.8, 4.7, Fig. 12.

(2)  Curb cut from sidewalk toward outdoor toilet/outhouse

(a)  The route from the sidewalk to the outdoor toilet is inaccessible because the slope of the curb cut is 20 % and the cross slope is 3%. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards § 4.1.2(1), 4.3.8, 4.7, Fig. 12.

I.Toilet Room single user (outdoor)

(1)  The toilet paper dispenser is inaccessible because it is mounted 46 inches from the rear wall. Provide a toilet paper dispenser that is mounted within reach, 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).

J.  Accessible Route from drop-offs to trail head

(1)  The route from the drop-offs to the trail head is inaccessible because the slope of the primary curb cut is 23%. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards § 4.1.2(1), 4.3.8, 4.7, Fig. 12.

K.  Accessible Route from drop-offs to building

(1)  The route from the drop-offs to the buildings is inaccessible because the slope of the primary curb cut is 19%. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards § 4.1.2(1), 4.3.8, 4.7, Fig. 12.

L.  Drinking fountain on trail head

(1)  Although a drinking fountain is provided, it is inaccessible because the slope of the clear floor space in front of the fountain is 3.2% and the sidewalk slopes 18% at the drain. Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a flat minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward. Standards §§ 4.1.3(10), 4.15.5(1), Figs. 27(a), (b).

M.  Employee Area

(1)  Accessible Route from Parking to Employee Entrance/Area

(a)  The route from the parking area to the employee entrance is inaccessible because the slope is 6.9%, the cross slope is 4.2% for a 5-foot section, and the landing at the turn has a cross slope of 3.2%. Provide at least one accessible route within the boundary of the site connecting these elements 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 §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

(2)  Curb cut

(a)  Left curb cut

(i)   The route from the parking lot to the employee area is inaccessible because the slope of the primary curb cut is 9.1%, the slope at the top of the curb cut is 10%, and the slope of the flared sides is 16%, creating a severe sloping problem along the route to the entrance. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards § 4.1.2(1), 4.3.8, 4.7, Fig. 12.

(b)  Right curb cut

(i)   The route from the parking lot to the employee entrance is inaccessible because the slope of the primary curb cut is 8.9% and 15.2% at the curb, 10.2% at the top, and 16% at the flared sides. Provide a curb ramp that is at least 36 inches wide, has a maximum slope of 1:12, is located so that it cannot be obstructed by parked vehicles, and has a stable, firm, and slip-resistant surface with a detectable warning extending the full width and depth of the ramp. If the curb ramp is located where pedestrians must walk across it, provide either flared sides (with a maximum slope of 1:10) or handrails or guardrails to protect against cross traffic. Standards § 4.1.2(1), 4.3.8, 4.7, Fig. 12.

N.Employee entrance

(1)  The employee entrance door is inaccessible because there is a slope of 6.7% within the door’s required maneuvering clearance. Provide a door so that the floor or ground area within the required clearances is level and clear. Standards §§ 4.1.3(7)(a), 4.13.6, Fig. 25.

(2)  The employee entrance is inaccessible because the vestibule clearance is 41½ inches deep. 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; that has either an automatic door operator or clear and level maneuvering clearance that complies fully with Fig. 25; and that has a threshold not exceeding ½ inch in height and beveled with a slope no greater than 1:2. Ensure that all hardware and operating devices have shapes that are easy to grasp with one hand and do not require tight grasping, pinching or twisting of the wrist to operate; and that they are mounted no higher than 48 inches above the finished floor. Standards §§ 4.1.3(7)(a), 4.13, Figs. 24, 25, 26.

O.Offices and Counters:

(a)  Permits

(i)   The permits counter is inaccessible because it is mounted 43½ 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, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

(b)  Mailroom

(i)   The mailroom counter is inaccessible because it is mounted 41 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, or provide an auxiliary counter with a maximum height of 36 inches in close proximity to the main counter, or provide equivalent facilitation. Equivalent facilitation may be provided in the form of a folding shelf attached to the main counter, an auxiliary table nearby, a clip board made available to the public, or other means. Standards §§ 4.1.1(2), 7.2(2), 4.1.3(1), 4.3.

P.Elevator

(1)  The elevator is inaccessible because the doors stay open for 8 seconds after re-opening. Provide doors that open and close automatically with a reopening device that will stop and reopen the car door and hoistway door automatically if the door becomes obstructed by an object or person. Ensure that the device is capable of completing these operations without requiring contact for obstructions passing through the opening at heights of 5 inches and 29 inches above the finished floor; that door reopening devices remain effective for at least 20 seconds, after which the doors may close; that the minimum time from notification that a car is answering a call until the doors of that car start to close is 5 seconds; and that the minimum time for elevator doors to remain fully open in response to a car call is 3 seconds. Standards §§ 4.1.3(5), 4.10.6, 4.10.7, 4.10.8, Figs. 20, 21.

Q.Accessible route employee area (inside)

(1)  Entrance into space saver system

(a)  The route into the space saver system is inaccessible because the slope is 20% for 6 inches and includes a change in level up to 1¼ inches high. Provide at least one accessible route within the boundary of the site connecting these elements 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 §§ 4.1.3(1), 4.3, 4.5, Fig. 7.

(2)  Headroom near stairs

(a)  The route near the stairs in two locations is inaccessible and poses a safety hazard because there are only 60 inches of head room provided. Provide an accessible route at this location with a minimum of 80 inches of clear head room throughout. If the vertical clearance is reduced to less than 80 inches at any point, provide a barrier. Standards §§ 4.1.3(2), 4.4.2, Fig. 8(c-1).

MISCELLANEOUS PROVISIONS

  1. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, FPDWC will submit written reports to the Department summarizing the actions FPDWC 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.
  2. Throughout the life of this Agreement, consistent with 28 C.F.R. § 35.133(a), FPDWC 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).
  3. Within nine months of the effective date of this Agreement, FPDWC will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. The Forest Preserve District of Will County 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.
  4. Within 18 months of the effective date of this Agreement, FPDWC will deliver its training program to all FPDWC employees who have direct contact with members of the public. At the end of that period, FPDWC 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

  1. If at any time FPDWC 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.
  2. The Department may review compliance with this Agreement at any time. If the Department believes that FPDWC 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 FPDWC 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 FPDWC, 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.
  3. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for FPDWC 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.
  4. 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.
  5. 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 FPDWC or the Department on request.
  6. 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 FPDWC’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act.
  7. This Agreement will remain in effect for two years.
  8. The person signing for FPDWC represents that he or she is authorized to bind FPDWC to this Agreement.
  9. The effective date of this Agreement is the date of the last signature below.

For the Forest Preserve District of Will County:

By: ____________________________
KERRY R. SHERIDAN, President
Board of Commissioners
17540 W. Laraway Rd.
Joliet, IL 60433

 

 

For the United States:

BRADLEY J. SCHLOZMAN,
Acting Assistant Attorney General for Civil Rights

By:_____________________________
JOHN L. WODATCH, Chief
JEANINE WORDEN, Deputy Chief
MARY LOU MOBLEY, Senior Counsel
HILARY L. MARTINSON, Attorney Advisor
MARK J. MAZZ, Architect
MICHELE ANTONIO MALLOZZI, Architect
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYA
Washington, D.C. 20530

 

Date:  September 8, 2005        

 

Date:        9/12/05              

Project Civic Access | ADA Home Page

April 11, 2008