Does the ADA cluster rule apply to a single portable toilet on a public street?

The ADA 5 percent cluster rule does not apply to a single portable toilet placed on a public street. The 2010 ADA Standards for Accessible Design section 213.2, Exception 2, states that where multiple single-user portable toilets are clustered at a single location, at least 5 percent must be accessible. A single unit is not a cluster, so no ADA-compliant unit is required by this rule.

Local Permits May Impose Requirements
However, your city or county permit office may have additional rules for right-of-way placement. Some jurisdictions require all units on public property to be accessible, regardless of count. Check your special event permit or construction permit conditions.

Construction Site Standards
For your construction project, OSHA 29 CFR 1926.51 sets sanitation requirements based on worker count, but it does not mandate accessibility. If you have 20 or fewer workers, one standard portable toilet suffices. Accessibility becomes an issue only if local rules require it or if you add more units later.

Place the unit on level ground with clear truck access for weekly service. If you're unsure, contact your local permit office to confirm their rules for a single unit on public property. Anyone dealt with a similar situation?