Does the ADA cluster rule apply to two porta potties on a sidewalk?
Yes, the ADA cluster rule applies to two portable toilets placed on a sidewalk. The 2010 ADA Standards for Accessible Design require that where multiple single-user portable toilets are clustered at a single location, at least 5 percent of the units in each cluster must be accessible. In practice, this means any cluster of two or more units must include at least one ADA-compliant portable toilet. This applies regardless of the units being on private property or a public right-of-way.
The 5 percent rule in practice
A cluster is defined as a group of units at one location. For two units, 5 percent is 0.1 units, but the rule rounds up to the next whole number. Therefore, a cluster of two units requires one accessible unit. The accessible unit must be identified with the International Symbol of Accessibility and comply with the technical standards for door width, interior turning space, grab bars, and seat height.
Placement on a sidewalk
Placing units on a public sidewalk introduces additional requirements. The city permit allowing the placement may specify the exact location and require a clear pedestrian path of travel. The accessible unit must be placed on level ground with a firm, stable surface. The approach path to the unit and the area in front of it must also be accessible. The truck access for the vacuum truck must be maintained for every service visit.
What to do for your renovation
For your storefront renovation, you should rent one standard portable toilet and one ADA-compliant portable toilet. Confirm with your rental company that the accessible unit meets the 2010 ADA Standards. Also verify with the city permit office that your planned placement meets their right-of-way requirements for accessibility and pedestrian clearance.
Has your city permit office given you any specific guidelines for the placement?