ADA cluster rule: if we have two porta potty clusters at a park festival, does each need an ADA unit?

Yes, the city permit office is correct. The ADA cluster rule requires at least one ADA-compliant portable toilet in each cluster of portable toilets at a single location. Since your two groups are 200 feet apart, they are considered separate clusters.

The ADA standard for clusters is in the 2010 ADA Standards for Accessible Design, section 213.2, Exception 4. It states that where multiple single-user portable toilets are clustered, at least 5 percent (but no fewer than one) of the units in each cluster must be accessible. A cluster is generally defined as a group of units in one location, and 200 feet of separation clearly puts your stage and food truck areas into two distinct locations. The intent is to provide substantially equivalent convenience and proximity for people with disabilities.

What counts as an accessible unit? An ADA-compliant portable toilet must have a larger interior with a 60-inch diameter turning space, grab bars, an accessible door latch, and a seat at the correct height. It must also be identified with the International Symbol of Accessibility. A standard unit does not meet these requirements.

For your park festival with two clusters, you will need to place at least one accessible unit in the group by the stage and at least one in the group by the food trucks. This ensures attendees with mobility disabilities have fair access to facilities near both major activity areas. The rule applies regardless of the specific count of standard units in each cluster. If you have questions about the required features or placement for the accessible units, ask them here.