Settlement Agreement Between The United States Of America And Guernsey County, Ohio

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-58-42

BACKGROUND

A.       SCOPE OF INVESTIGATION

        This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. ァァ 12131-12134, with the United States Department of Justice ("Department") against Guernsey County, Ohio ("County"). The complaint was received by the Civil Rights Division of the Department of Justice, under the authority of 28 C.F.R. Part 35, Subpart F. The complaint alleges that structural barriers and other deficiencies make the programs, services, and activities offered in several of the County's buildings inaccessible to persons with disabilities. The allegations, taken together, suggest that persons with disabilities are excluded from participation in, or are denied the benefits of County services, programs, and activities due to the County's failure to comply with title II of the ADA.

       Because the County receives financial assistance from the Department of Justice, the investigation was also conducted under the authority of ァ 504 of the Rehabilitation Act of 1973, 29 U.S.C. ァ 794, and the Department's implementing regulation, 28 C.F.R. Part 42, Subpart G.

       The Department expanded the scope of its investigation to cover the accessibility of the County's programs, services, and activities in all of its buildings. The Department also expanded the scope of its investigation to include the County's compliance with the following title II requirements:

  • to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Department's title II regulations (28 C.F.R. Part 35), 28 C.F.R. ァ 35.105;
  • to notify applicants, participants, beneficiaries, and other interested persons of their rights and the County's obligations under title II and the Department's regulations, 28 C.F.R. ァ 35.106;
  • to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. ァ 35.150, by:
    • delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,
    • physical changes to buildings (required to be made by January 26, 1995), in accordance with the Department's title II regulation, 28 C.F.R. ァ 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");
  • to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. ァ 35.160;
  • where the County communicates by telephone, to communicate through a teletypewriter ("TTY"), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. ァ 35.161;
  • to provide information for interested persons with disabilities concerning the existence and location of the County's accessible services, activities, and facilities, 28 C.F.R. ァ 35.163(a);
  • to provide signs at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. ァ 35.163(b).

       The Department limited its program access review to those of the County's programs, services, and activities that operate in the following facilities: Law Enforcement Center, Guernsey County Fair Grounds, Engineer's Office Building, Guernsey Industries Building, Guernsey County Courthouse, Guernsey County Commissioners' Office, Jackson Park, Golden Rule School, Guernsey County Home, Water Department Building, Dog Pound - Humane Society Building, Children's Services and Children's Home Building, Human Services Building, and Health Department Building. Of those facilities, the Law Enforcement Center, the new wing of the Guernsey Industries Building, the toilet rooms at the Guernsey County Fair Grounds and the Engineer's Office Building constitute new construction commenced after January 26, 1992. The remodeled women's and men's locker rooms in the old wing of the Guernsey Industries Building constitute alterations that commenced after January 26, 1992. The County also conducts programs in the Senior Citizens Center; however, the programs in this building were not reviewed because the County informed the Department that it would soon be replaced by a new Senior Citizen's Center under construction at the time of the on-site investigation.

B.      JURISDICTION

  1. The ADA applies to the County because it is a "public entity" as defined by title II. 42 U.S.C. ァ 12131(1).
  2. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the complaint in this matter to determine the compliance of the County with title II of the ADA and the Department's implementing title II regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. ァ 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.
  3. The Department is authorized under 28 C.F.R. Part 42, Subpart G, to investigate the complaint in this matter to determine the County's compliance with ァ 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. ァ 794 and 28 C.F.R. ァァ 42.530, 42.108-110, to suspend or terminate financial assistance to the County provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

       The parties to this Agreement are the United States of America and Guernsey County, Ohio. In order to avoid the burdens and expenses of possible litigation, the parties hereby agree as follows (all cites in the sections below are to the Standards, unless otherwise specified):

REMEDIAL ACTION

  1. In consideration of, and consistent with, the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding the areas covered by Paragraphs 6 through 24, below, except as provided in Paragraphs 27 and 29, below.
  2. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. ァァ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

A.       POLICIES AND PROCEDURES

  1. Within 120 days of the effective date of this Agreement, the County will distribute the attached Notice (Attachment A) to all agency heads and will 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 the Agreement. The County will also publish the Notice in the first newsletter that it sends to County residents after the effective date of this Agreement or in a newspaper of general circulation serving the County. Copies of the Notice will also be provided to any person upon request.
  2. Within 120 days of the effective date of this Agreement, the County will adopt the attached ADA Grievance Procedure (Attachment B), distribute it to all agency heads and post copies of it in conspicuous locations in its public buildings. It will refresh the posted copies, and update the contact information contained on the Procedure, as necessary, for the life of this Agreement. Copies will also be provided to any person upon request. The County will also publish the Notice in the first newsletter that it sends to County residents after the effective date of this Agreement or in a newspaper of general circulation serving the County.
  3. In order to ensure that court proceedings held in any Guernsey County Court are readily accessible to and usable by individuals with mobility impairments, the County will, within 120 days of the effective date of this Agreement, adopt and implement the attached Policy (Attachment C) entitled, "Policy on Accessibility of Proceedings Held in the Guernsey County Courts." Within 120 days of the effective date of this Agreement, the County will distribute the Policy to all appropriate Court personnel, including clerks and judges, and post copies in conspicuous locations in all County Court buildings. It will refresh the posted copies, and update the contact information contained on the Policy, as necessary, for the life of this Agreement. The County will also publish the Policy in the first newsletter that it sends to County residents after the effective date of this Agreement or in a newspaper of general circulation serving the County. Copies of the Policy will also be provided to any person upon request.
  4. Within 90 days of the effective date of this Agreement, the County will develop and adopt a written procedure for providing auxiliary aids or services, such as assistive listening devices or qualified sign language interpreters, at all County court proceedings upon the request of an individual with a hearing impairment, at the County's expense. The availability of this service will be included in all court informational documents. Within 120 days of the effective date of this Agreement, copies of the procedure will be posted in conspicuous locations in all County court buildings and distributed to all appropriate County court employees. The County will refresh posted copies for the life of this Agreement and will provide copies to any person upon request.

B.       PHYSICAL CHANGES

In order to ensure that the following facilities, for which construction commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the County will take the following actions:

  1. The County shall complete the following alterations to the Law Enforcement Center within 1 year of the effective date of this Agreement:
    1. Public Part of Law Enforcement Center
      1. Accessible Parking
        1. Neither accessible parking space is designated as van accessible. For at least one of the spaces, mount a "van accessible" sign under the international symbol of accessibility such that the sign cannot be obscured by a vehicle parked in the space. ァァ 4.1.2(5)(b), 4.1.6(1)(b), 4.6.3, 4.6.4, Fig. 9.
      2. Lobby
        1. The tops of the lobby service counters are 42 inches above the finish floor. Provide access to services transacted at the counter through alternate means (e.g., by offering those services at an accessible location for individuals who use wheelchairs). ァ 7.2(2).
      3. Women's Public Toilet Rooms (Off Lobby)
        1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.1.3(16), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
        2. The designated accessible stall in the women's toilet room is 60-inches wide and 58 ï½¾-inches deep. Provide an accessible toilet stall such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.1.3(11), 4.1.6(1)(b), 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
      4. Men's Public Toilet Rooms (Off Lobby)
        1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.1.3(16), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
        2. The designated accessible stall in the men's toilet room is 60-inches wide and 61ス-inches deep. Provide an accessible toilet stall such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.1.3(11), 4.1.6(1)(b), 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
    2. Jail Part of Law Enforcement Center
      1. Trustees Section, Men's and Women's
        1. The men's and women's shower stalls have curbs that are greater than ス inch high. Provide at least one shower stall for men and at least one shower stall for women having curbs no higher than ス inch and are in full compliance with regard to the size, seat, controls, grab bars, spray unit, and clear floor space complying with either Figure 35 (a) or (b) in the Standards. ァァ 4.1.3(11), 4.1.6(1)(b), 4.21.
        2. The men's and women's toilet stalls are not at least 60 inches wide by 59 inches deep (or at least 56 inches deep with a wall mounted toilet) and have no side or rear grab bars. Provide men's and women's accessible toilet stalls measuring at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stalls' elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.1.3(11), 4.1.6(1)(b), 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
  2. The County shall complete the following alterations to the Guernsey County Fair Grounds within 6 months of the effective date of this Agreement:
    1. Women's Outside Toilet Rooms
      1. The women's outside toilet rooms do not have accessible signs. Install signs, using raised letters and Braille, on the walls adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. Except for accessible signs, the women's outside toilet rooms were not examined for accessibility at the time of the on-site investigation. To ensure that they are accessible, the County will examine the toilet rooms and make any changes necessary so that they meet the requirements of the Standards for lavatories, water closets, toilet stalls or toilet rooms, controls and dispensers, grab bars, size and arrangement, mirrors, doors, etc. The County will report to the Department on the foregoing. ァァ 4.1.2(6), 4.1.6(1)(b), 4.13, 4.16, 4.17, 4.19, 4.22, 4.26, 4.27.
    2. Men's Outside Toilet Rooms
      1. The men's outside toilet rooms do not have accessible signs. Install signs, using raised letters and Braille, on the walls adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. Except for accessible signs, the men's outside toilet rooms were not examined for accessibility at the time of the on-site investigation. To ensure that they are accessible, the County will examine the toilet rooms and make any changes necessary so that they meet the requirements of the Standards for lavatories, water closets, toilet stalls or toilet rooms, controls and dispensers, grab bars, size and arrangement, urinals, mirrors, doors, etc. The County will report to the Department on the foregoing. ァァ 4.1.2(6), 4.1.6(1)(b), 4.13, 4.16, 4.17, 4.19, 4.22, 4.26, 4.27.
  3. The Department did not investigate the existing Senior Citizen Center on the date of the on-site investigation because the County informed the Department that a new Senior Citizen's Center, under construction since 1998, would open later in 1999 after the on-site investigation. The County will ensure that the new Senior Citizen's Center meets the requirements of the Standards for new construction. 28 C.F.R. ァ 35.151(a), (b).
  4. The County shall complete the following alterations to the Engineer's Office Building within 6 months of the effective date of this Agreement:
    1. Accessible Parking
      1. The accessible parking space lacks signs designating it as accessible and as van accessible, and its access aisle is 47 inches wide. Alter the space to provide a 96 inch wide access aisle, and post a sign at the space with a "van accessible" sign mounted under the international symbol of accessibility such that these signs cannot be obscured by a vehicle parked in the space. ァァ 4.1.2(5), 4.1.6(1)(b), 4.6.3, 4.6.4, Fig. 9.
    2. Exterior Accessible Route
      1. A 1 inch change in level exists at the bottom of the curb ramp leading from the parking lot to the entrance of the Engineer's Office. Modify the curb ramp so that the transition from the ramp to the entrance is flush and free of abrupt changes. ァァ 4.1.2(1), 4.7.2.
      2. There is no level landing at the top of the curb ramp leading to the public entrance door of the Engineer's Office Building. Alter the ramp and provide a level landing sufficient to provide maneuvering clearance with no slope in excess of 1:50. ァァ 4.1.2(1), 4.8.4, 4.13.6, Fig. 25.
    3. Office Service Counter
      1. The top of the Engineer's Office service counter is 42シ inches high. Provide a portion of the counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, or provide access to services transacted at this counter through alternate means (e.g., by offering those services at an accessible location that is convenient for individuals who use wheelchairs). ァ 7.2(2).
    4. Women's Toilet Room
      1. The women's toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.1.3(16)(a), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
    5. Men's Toilet Room
      1. The men's toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.1.3(16)(a), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

In order to ensure that the following spaces and elements in County facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the County will take the following actions:

  1. The County shall complete the following alterations to the women's locker rooms and men's locker rooms at the Guernsey Industries Building within 18 months of the effective date of this Agreement:
    1. Women's Locker Room
      1. The locker room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.1.3(16), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The centerline of the toilet in the designated accessible stall is 17ス inches from the side wall. Reposition the toilet so that the toilet centerline is exactly 18 inches from the side wall. ァァ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(a).
    2. Men's Locker Room
      1. The locker room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.1.3(16), 4.1.6(1)(b), 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The rim of the urinal in the locker room is 18 inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. ァァ 4.1.3(11), 4.1.6(1)(b),4.22.5, 4.18.2.
      3. The lavatory has a clearance of 28セ inches above the finish floor. Provide a lavatory with a clearance of at least 29 inches above the finish floor to the bottom of the apron. ァァ 4.1.3(11), 4.1.6(1)(b), 4.19.2, Fig. 31.
      4. The centerline of the toilet in the designated accessible stall is 17ス inches from the side wall. Reposition the toilet so that the toilet centerline is exactly 18 inches from the side wall. ァァ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.3, Fig. 30(a).

In order to ensure that each of the County's programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with disabilities, the County will take the following actions:

  1. The County shall complete the following changes to the Guernsey County Courthouse within 1 year of the effective date of this Agreement:
    1. Accessible Parking
      1. The one accessible parking space is not van accessible. Provide at least one van accessible parking space with an access aisle at least 96 inches wide and with a "van accessible" sign mounted below the symbol of accessibility. ァァ 4.1.2(5)(b), 4.6.4.
    2. Ground Floor of Building (Accessed through Side Entrance)
      1. Women's Public Toilet Room
        1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
        2. The highest operable part of the soap dispenser is 51ス inches above the finish floor with a forward approach. Provide a soap dispenser with the highest operable part no more than 54 inches above the finish floor for a side approach or no more than 48 inches above the finish floor for a forward approach. ァァ 4.27.3, 4.2.5, 4.2.6.
        3. The designated accessible toilet stall is 43 inches wide by 70ス inches deep, there is no rear grab bar, and the centerline of the toilet is 21ス inches from the side wall. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
      2. Men's Public Toilet Room
        1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
        2. The highest operable part of the soap dispenser is 55 inches above the finish floor with a forward approach. Provide a soap dispenser with the highest operable part no more than 54 inches above the finish floor for a side approach or no more than 48 inches above the finish floor for a forward approach. ァァ 4.27.3, 4.2.5, 4.2.6.
        3. The designated accessible toilet stall is 42 inches wide by 77ス inches deep and there is no rear grab bar. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
    3. Main Level of Building (Above Ground Floor)
      1. Juvenile Court
        1. The entrance door to the Juvenile Court has a clear opening width of less than 32 inches. Permanently post the Policy on Accessibility of Proceedings (attachment C) at a location along the nearest accessible route adjacent to the Juvenile Court.
      2. Court of Common Pleas, Main Courtroom
        1. The spectator seating area of the Main Courtroom has 35 fixed seats and no spaces for wheelchair seating. Provide at least 2 spaces for wheelchair seating that are each at least 60 inches deep and 33 inches wide with adjoining companion seating. Provide signage at these spaces to designate them accessible. ァァ 4.1.3(19)(a), 4.33, Fig. 46.
        2. The step to the jury box is greater than ス inch. Provide an accessible route to the jury box by installing a ramp or by lowering it to floor level. ァァ 4.1.6(3)(a), 4.3, 4.8.
        3. The jury box has fixed seating for 14 jurors and no space for wheelchair seating. Provide at least 1 space for wheelchair seating that is at least 60 inches deep and 33 inches wide. ァァ 4.1.3(19)(a), 4.33, Fig. 46.
      3. Court of Common Pleas, "Small Courtroom"
        1. The openings at either end of the wall in front of the jury box limit the accessible route to the jury box to clear widths of only 21ï½½ and 23ï½½ inches, respectively. Permanently post the Policy on Accessibility of Proceedings (attachment C) at a location along the nearest accessible route adjacent to the Court of Common Pleas.
      4. Jury Room
        1. Unisex Toilet Room
          1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
          2. The lavatory provides a clear knee space of 25 inches above the finish floor. Provide a lavatory with a clearance of at least 29 inches above the finish floor to the bottom of the apron. ァ 4.19.2, Fig. 31.
          3. The dimensions of the toilet room, 35 inches wide by 60 inches deep, do not provide unobstructed turning space of 60 inches diameter. Provide a water closet with a clear, unobstructed turning space as shown in Figure 28. ァ 4.16.
          4. The designated accessible toilet room does not contain grab bars. Provide a rear grab bar in the accessible toilet stall that is at least 36 inches long and is mounted between 33 and 36 inches high and no more than 6 inches from the side wall; and provide a side grab bar in the accessible toilet stall, on the wall nearest the toilet, that is at least 40 inches long and mounted between 33 and 36 inches high and no more than 12 inches from the rear wall. ァァ 4.16.4, 4.26.
          5. The toilet seat in the designated accessible stall is 15ス inches above the finish floor to the top of the seat. Provide a toilet or install a riser on the toilet seat so that the height from the finish floor to the top of the seat is between 17 and 19 inches. ァ 4.16.3, Fig. 29(b).
  2. The County shall complete the following changes to the Golden Rule School within 1 year of the effective date of this Agreement:
    1. Women's Public Toilet Room (Hall)
      1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The designated accessible toilet stall is 34ス inches wide by 58 inches deep, the clear opening width of the stall door is 30ス inches, and there is no rear grab bar. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
    2. Men's Public Toilet Room (Hall)
      1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The designated accessible toilet stall is 37 inches wide by 58 inches deep, and there is no rear grab bar. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
    3. Women's Locker Room
      1. There are structural walls that narrow the entrance route to the women's shower to a clear width of 24ス inches. Alter the entrance so that there is an accessible route into the shower with a minimum clear width of 32 inches at any point and 36 inches continuously. ァァ 4.2.1, 4.3.3.
      2. The shower stall has an outside curb measuring 6 inches high and an inside curb measuring 4 inches high. Alter the stall so that the neither curb is higher than ス inch. ァ 4.21.7.
      3. The designated accessible toilet stall is 36ス inches wide by 58 inches deep, the clear opening width of the stall door is 30 inches, and there is no rear grab bar. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
    4. Men's Locker Room
      1. The shower stall has controls that are mounted 53ス inches above the shower floor and a faucet mounted above the controls. Alter the stall so that the shower controls and faucet are mounted at least 38 inches, but not more than 48 inches above the shower floor. ァァ 4.21, 4.23, 4.27, Fig. 37.
      2. The designated accessible toilet stall is 35 inches wide by 59 inches deep and there is no rear grab bar. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
    5. First Classroom Toilet Room
      1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The floor mounted side grab bar impinges on the clear floor space at the toilet. Remove the floor mounted side grab bar. ァ 4.16.4, Fig. 29.
    6. Second Classroom Toilet Room
      1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. There are no grab bars provided. Install a side and rear grab bar at the toilet such that the side bar is at least 42 inches long, begins no more than 12 inches from the back wall, and extends at least 54 inches from the back wall and the rear grab bar is at least 36 inches long and begins no more than 6 inches from the side wall. Grab bars shall be parallel to and between 33 inches and 36 inches above the finish floor. ァ 4.16.4, Fig. 29.
    7. Homemaking Room Toilet Room
      1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The floor mounted side grab bar impinges on the clear floor space at the toilet. Remove the floor mounted side grab bar. ァ 4.16.4, Fig. 29.
  3. The County shall complete the following changes to the Guernsey Industries Building within 6 months of the effective date of this Agreement:
    1. Women's Toilet Room (Off Workshop Area)
      1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The designated accessible toilet stall is 37 inches wide by 62 inches deep and there is no rear grab bar. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
    2. Men's Toilet Room (Off Workshop Area)
      1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The designated accessible toilet stall is 37 inches wide by 60 inches deep and there is no rear grab bar. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
  4. The County shall complete the following changes to the Guernsey County Home within 18 months of the effective date of this Agreement:
    1. Women's Bathtub
      1. The bathtub does not have a seat. Provide an in-tub seat or a seat at the head of the tub as shown in Figures 33 and 34 and complying with section 4.26.3 of the Standards. ァァ 4.20.3, 4.23.8, 4.26.3, Figs. 33 & 34.
    2. Men's Bathtub
      1. The bathtub does not have a seat. Provide an in-tub seat or a seat at the head of the tub as shown in Figures 33 and 34 and complying with section 4.26.3 of the Standards. ァァ 4.20.3, 4.23.8, 4.26.3, Figs. 33 & 34.
    3. Women's Toilet Room
      1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The lavatory in the women's toilet room provides a clearance of 27セ inches above the finish floor. Provide a lavatory with a clearance of at least 29 inches above the finish floor to the bottom of the apron. ァ 4.19.2, Fig. 31.
      3. The lavatory mirror is mounted so that the bottom edge of the reflecting surface is 48ス inches above the finish floor. Provide a mirror mounted with the bottom of the reflecting surface no higher than 40 inches above the finish floor. ァ 4.19.6.
      4. The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatory. ァ 4.19.4.
      5. The designated accessible toilet stall is 36 inches wide by 58ス inches deep, the side grab bar is mounted 37ス inches above the finish floor, and there is no rear grab bar. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
    4. Men's Toilet Room
      1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The rim of the urinal in the men's toilet room is 23シ inches above the finish floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor. ァ 4.18.2.
      3. The lavatory in the men's toilet room provides a clearance of 27セ inches above the finish floor. Provide a lavatory with a clearance of at least 29 inches above the finish floor to the bottom of the apron. ァ 4.19.2, Fig. 31.
      4. The lavatory mirror is mounted so that the bottom edge of the reflecting surface is 48ス inches above the finish floor. Provide a mirror mounted with the bottom of the reflecting surface no higher than 40 inches above the finish floor. ァ 4.19.6.
      5. The hot water and drain pipes under the lavatory are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatory. ァ 4.19.4.
      6. The designated accessible toilet stall is 36 inches wide by 58ス inches deep, the side grab bar is mounted 37ス inches above the finish floor, and there is no rear grab bar. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
    5. Second Men's Toilet Room (Off Sitting Area)
      1. The toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The dimensions of the toilet room do not provide unobstructed turning space of 60 inches' diameter. Provide unobstructed turning space of 60 inches' diameter as shown in Figure 3(a) or T-shaped space as shown in Figure 3(b). ァァ 4.2.3, 4.22.3, Figs. 3(a) & (b).
    6. Curb Ramps
      1. Curb Ramp Leading to Women's Wing of Building
        1. The width of the curb ramp leading to the women's wing of the Guernsey County Home is less than 36 inches. A handrail is provided for only one side of the ramp and that handrail does not extend at least 12 inches beyond the top and bottom of the ramp, does not have ends that are either rounded or returned smoothly to the ground or post and does not comply with section 4.26 of the Standards. Remove the curb ramp because it is not usable by persons with disabilities and may pose a danger to persons with disabilities who might attempt to use it. ァァ 4.7.3, 4.8.5, 4.26.
      2. Curb Ramp Leading to Men's Wing of Building
        1. The curb ramp leading to the men's wing of the Guernsey County Home is not protected by a guardrail and the existing handrail does not protect the curb ramp because it is not positioned parallel and next to the returned curb of the curb ramp so as to prevent someone from abruptly falling from the sidewalk onto the curb ramp. The existing handrail is provided for only one side of the ramp and it does not extend at least 12 inches beyond the top and bottom of the ramp, does not have ends that are either rounded or returned smoothly to the ground or post and does not comply with section 4.26 of the Standards. The County will take one of the two corrective actions available: 1) Remove the existing handrail on the curb ramp and provide either a guardrail on the ramp, positioned parallel and next to the returned curb of the curb ramp or flare the side of the curb ramp (as shown in Figure 12(a)) to provide a maximum slope of 1:10 (rise:run) on the side of the ramp that is adjacent to the sidewalk leading to the men's wing of the Building. 2) Provide handrails along both sides of the ramp complying with sections 4.8.5 and 4.26 of the Standards. ァァ 4.7.5, 4.8.5, 4.26, Figs. 12(a) & 12(b).
  5. The County shall complete the following changes to the Guernsey County Fair Grounds within 6 months of the effective date of this Agreement:
    1. One-Room School House Museum
      1. There is no accessible route leading to the ramp to the One-Room School House Museum because the surface of the route is not stable, firm and slip-resistant. Establish an accessible route leading to the ramp to the One-Room School House Museum that is firm, stable and slip resistant and otherwise complies with the Standards. ァァ 4.3.8, 4.5.1, 4.5.2.
  6. The County shall complete the following changes to the Water Department Building within 6 months of the effective date of this Agreement:
    1. Accessible Parking
      1. There is no designated accessible parking. Provide the number of accessible parking spaces required by the Standards with appropriate signs, and provide the required number of van accessible spaces with a 96 inch wide access aisle and a "van accessible" sign mounted under the international symbol of accessibility such that the signs cannot be obscured by a vehicle parked in the space. ァァ 4.1.2(5), 4.6.3, 4.6.4, Fig. 9.
    2. Exterior Accessible Route
      1. The front door entrance has two thresholds greater than ス inch; the first is 1ス inches high and the second is 4 inches high. Alter the thresholds so that neither is greater than ス inch and each is beveled with a slope no greater than 1:2. ァ 4.13.8.
      2. There is a 2セ inch threshold at the side door entrance. Alter this threshold so that it is no higher than ス inch and is beveled with a slope no greater than 1:2. ァ 4.13.8.
  7. The County shall complete the following changes to the Dog Pound - Humane Society Building within 6 months of the effective date of this Agreement:
    1. Accessible Parking
      1. The parking lot does not have any accessible parking spaces. Provide marked accessible parking spaces in the lot, in the number required by the Standards, with appropriate signs and firm, stable and slip resistant surfaces, and provide the required number of van accessible spaces with a 96 inch wide access aisle and a "van accessible" sign mounted under the international symbol of accessibility such that the signs cannot be obscured by a vehicle parked in the space. ァァ 4.1.2(5), 4.6.3, 4.6.4, Fig. 9.
    2. Accessible Route Surface in Parking Lot
      1. There is no accessible route from the parking lot to the Dog Pound - Humane Society Building because the gravel surface of the parking lot does not provide a surface that is stable, firm, and slip-resistant. Provide an accessible route from the accessible parking spaces to the Dog Pound - Humane Society Building entrance. ァァ 4.3, 4.5.
  8. The County shall complete the following changes to the Children's Services and Children's Home Building within 2 years of the effective date of this Agreement:
    1. Accessible Parking for Building
      1. 1 of the 2 designated accessible parking spaces is not identified with a sign and neither of the 2 designated accessible parking spaces is van accessible. Install a sign at the space not so identified, using the international symbol of accessibility, located so that the sign cannot be obscured by a vehicle parked in the space. Provide at least 1 van accessible parking space with an access aisle at least 96 inches wide and an additional "van accessible" sign mounted below the international symbol of accessibility so that neither sign can be obscured by a vehicle parked in the space. ァァ 4.1.2(5), 4.1.2(7)(a), 4.6.4.
    2. Children's Services Part of Building
      1. Public Toilet Room
        1. The public toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
        2. The public toilet room door has a clear opening width of 21ï½½ inches. Post a permanent sign at the nearest accessible location indicating the accessible restroom.
      2. Semi-Public Toilet Room
        1. The semi-public toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
        2. The lavatory in the semi-public toilet room has twist-type faucets. Replace the faucets with hardware that does not require tight pinching, grasping or twisting of the wrist to operate. ァァ 4.19.5, 4.27.4.
        3. The lavatory in the semi-public toilet room provides a clearance of 25ス inches above the finish floor. Provide a lavatory with a clearance of at least 29 inches above the finish floor to the bottom of the apron. ァ 4.19.2, Fig. 31.
        4. The designated accessible toilet stall in the semi-public toilet room is 41 inches wide by 58ス inches deep and there is no rear grab bar. Provide an accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
    3. Children's Home Part of Building
      1. Boys' and Girls' Toilet Rooms
        1. The toilet rooms do not have an accessible sign. Install a sign at each room, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
        2. The interior routes to both the shower and bathtub in the boys' toilet room are inaccessible because each route has a step 4 inches in height at the entrance to both the shower and bathtub. The bathtub in the girls' toilet room is not accessible. Provide an accessible bathing facility complying with sections 4.20, 4.21, and 4.23. Alter the steps on this route so that the changes in level are no greater than ス inch and are beveled with a slope no greater than 1:2 or install ramps at each of the steps. ァァ 4.3, 4.3.8, 4.5.2, 4.8, 4.13.8.
        3. The lavatory in the boys' toilet room has twist-type faucets. Replace the faucets with hardware that does not require tight pinching, grasping or twisting of the wrist to operate. ァァ 4.19.5, 4.27.4.
        4. The lavatory in the boys' toilet room provides a clearance of 25ス inches above the finish floor. Provide a lavatory with a clearance of at least 29 inches above the finish floor to the bottom of the apron. ァ 4.19.2, Fig. 31.
        5. The designated accessible toilet stall in the boys' toilet room is 41 inches wide by 58ï½½ inches deep and there is no rear grab bar. The girls' toilet room does not have grab bars. Provide at least one accessible toilet stall that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
  9. The County shall complete the following changes to the Human Services Building within 1 year of the effective date of this Agreement:
    1. Accessible Parking
    2. The Human Services Building has its own parking lot and it shares a parking lot with the Health Department Building, which is nearby. The shared parking lot separates the two buildings from each other. Only the Human Services Building's own parking lot is addressed in this section. The parking lot the Human Services Building shares with the Health Department Building will be addressed in the section under the Health Department Building.

      1. The one designated accessible parking space does not have an access aisle, it is not designated van accessible, and its sign is mounted too low. Provide at least one van accessible parking space with an access aisle at least 96 inches wide and a "van accessible" sign mounted below the symbol of accessibility so that they cannot be obscured by a vehicle parked in the space. ァァ 4.1.2(5)(b), 4.6.3, 4.6.4, Fig. 9.
    3. Men's and Women's Public Toilet Rooms
      1. The men's and women's public toilet rooms are inaccessible. Provide one unisex toilet room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall mounted toilet) such that all of the stall's elements, including entry door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, and controls and dispensers, comply with the Standards. ァァ 4.13, 4.16, 4.17, 4.22, 4.26, 4.27, Fig. 30.
  10. The County shall complete the following changes to the Health Department Building within 1 year of the effective date of this Agreement:
    1. Accessible Parking - Shared Lot
      1. The 2 designated accessible parking spaces near the Health Department Building do not have access aisles, do not have signs reserving the spaces as accessible, and are not van accessible. Alter the spaces to provide a 96 inch wide access aisle between the two spaces (two accessible spaces may share an access aisle) and post the international symbol of accessibility with a "van accessible" sign underneath at each space such that these signs cannot be obscured by a vehicle parked in either space. Or, alternatively, alter the spaces to provide a 96 inch wide access aisle for one and a 60 inch access aisle for the other and post the international symbol of accessibility at each with a "van accessible" sign underneath at the wider space such that these signs cannot be obscured by a vehicle parked in either space. ァァ 4.1.2(5), 4.6.3, 4.6.4, Fig. 9.
      2. The designated accessible parking space near the Human Services Building is 91 inches wide, it has no access aisle, and its sign is mounted too low. Provide an accessible parking space that is a minimum of 96 inches wide with an access aisle that is a minimum of 60 inches wide, and raise the sign so that it cannot be obscured by a vehicle parked in the space. ァァ 4.1.2(5)(b), 4.6.3, 4.6.4, Fig. 9.
    2. Women's Toilet Room
      1. The women's toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The entrance door to the women's toilet room has knob hardware. Replace the handle on each door with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. ァ 4.13.9.
      3. The lavatory in the women's toilet room has twist-type faucets. Replace the faucets with hardware that does not require tight pinching, grasping or twisting of the wrist to operate. ァァ 4.19.5, 4.27.4.
      4. The hot water and drain pipes under the lavatory in the women's toilet room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatory. ァ 4.19.4.
      5. The floor mounted side grab bar in the women's toilet room impinges on the clear floor space at the toilet. Remove the floor mounted side grab bar. ァ 4.16.4, Fig. 29.
      6. There is no rear grab bar in the women's toilet room. Provide a rear grab bar that is at least 36 inches long and that begins at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. ァ 4.16.4, Fig. 29.
    3. Men's Toilet Room
      1. The men's toilet room does not have an accessible sign. Install a sign, using raised letters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the sign. ァァ 4.30.1, 4.30.4, 4.30.5, 4.30.6.
      2. The entrance door to the men's toilet room has knob hardware. Replace the handle on each door with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. ァァ 4.13.9.
      3. The lavatory in the men's toilet room has twist-type faucets. Replace the faucets with hardware that does not require tight pinching, grasping or twisting of the wrist to operate. ァァ 4.19.5, 4.27.4.
      4. The hot water and drain pipes under the lavatory in the men's toilet room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatory. ァ 4.19.4.
      5. The floor mounted side grab bar in the men's toilet room impinges on the clear floor space at the toilet. Remove the floor mounted side grab bar. ァ 4.16.4, Fig. 29.
      6. There is no rear grab bar in the men's toilet room. Provide a rear grab bar that is at least 36 inches long and that begins at least 12 inches from the centerline of the toilet, i.e., no more than 6 inches from the side wall. ァ 4.16.4, Fig. 29.

IMPLEMENTATION AND ENFORCEMENT

  1. Except as otherwise specified in this Agreement, at 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the County will submit written reports to the Department summarizing the actions the County has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.
  2. If at any time the County 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 shall not be unreasonably withheld or delayed.
  3. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the County in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the County, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this 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 shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.
  5. In the event that the County fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement or may declare the Agreement null and void and file suit to enforce title II of the ADA.
  6. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the County or the Department on request.
  7. The effective date of this Agreement is the date of the last signature below.
  8. 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, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the County's continuing responsibility to comply with all aspects of the ADA.
  9. This Agreement will remain in effect for two years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the County has been achieved.
  10. The person signing for Guernsey County represents that he or she is authorized to bind the County to this Agreement.

FOR GUERNSEY COUNTY

____________________________________      Date:_11/05/02_
THOMAS LAUGHMAN
President of Guernsey County Commissioners

FOR THE UNITED STATES:

RALPH F. BOYD, JR.
Assistant Attorney General
Civil Rights Division

By:_________________________________      Date:_11/19/02_
   JOHN WODATCH, Chief
   SUSAN BUCKINGHAM REILLY, Deputy Chief
   ELIZABETH BACON, Supervisory Attorney
   SUSAN QUINN, Investigator

   U.S. Department of Justice
   Civil Rights Division
   950 Pennsylvania Avenue, N.W.
   Disability Rights Section - NYA
   Washington, D.C. 20530

>
Updated August 6, 2015

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