Does the ADA cluster rule apply to a construction site with 10 units?

Yes, the ADA cluster rule applies to a construction site with 10 standard portable toilets. The 2010 ADA Standards for Accessible Design require that where portable toilets are clustered at a single location, at least 5 percent, but never fewer than one, must be an ADA-compliant unit. A cluster of 10 units meets the threshold for requiring at least one accessible unit.

The rule is about facility access, not user count. The ADA Standards are a civil rights law focused on providing equal access to facilities. The requirement is triggered by the presence of the cluster itself, not by whether a person with a disability is currently present on the job site. The accessible unit must be identified with the International Symbol of Accessibility.

OSHA and the ADA are separate rules. OSHA 29 CFR 1926.51 sets minimum toilet quantities for worker health, which is a separate calculation. For example, a site with 199 workers needs five toilet seats. You must comply with both the OSHA quantity rule and the ADA accessibility rule for the cluster.

Construction sites are not exempt. Temporary facilities used by the public or employees, including construction sites, are covered by the ADA. The only potential exception is for a truly isolated, single portable toilet placed by itself, which does not constitute a cluster.

For your site with 10 units, you need to add at least one ADA-compliant portable toilet to the cluster. It must provide a 60-inch diameter turning space, compliant grab bars, and an accessible door. Check with your rental company and local building officials for any additional state or local codes. Does anyone have experience with the specific placement requirements for an ADA-compliant portable toilet on uneven ground?