Does the ADA 5% cluster rule apply to a 3-unit rental for a private event?

The ADA 5 percent cluster rule does not apply to a private company picnic renting three standard portable toilets on private property. The rule applies only when portable toilets are provided in a public accommodation or public event context, not private gatherings.

The ADA cluster rule requires that at least 5 percent of the units in each cluster comply with the accessible toilet requirements when multiple single-user portable toilets are provided in a location covered by the ADA. However, private events like a company picnic on private property are generally not considered public accommodations under the law. Your rental company is correct that you do not legally need an ADA-compliant portable toilet for this scenario.

What the permit office checks for public events is different. If your event required a special event permit from the city, the permit application would include a restroom plan section. That office would enforce the ADA cluster rule for any cluster of portable toilets placed in a public park or right-of-way. But for a private event on private land, it's your choice.

Even though it's not required, consider adding an ADA unit if any attendees use mobility aids. It provides more comfort and accessibility. Describe your event details below if you want advice on placement or service.