Under the Massachusetts Architectural Access Board's notice on portable toilets, which cites 521 CMR 30.1.2, at least 5% of single-user portable toilets in a cluster must be accessible at a temporary event, and never fewer than one. The rule applies to temporary events such as fairs, roving carnivals and holiday events, and to fairgrounds, parks, beaches and campsites. Units used only by construction personnel do not have to be accessible.
Key takeaways
- At least 5% of clustered single-user units must be accessible, and never fewer than one.
- The rule covers temporary events such as fairs, roving carnivals and holiday events.
- It also covers fairgrounds, parks, beaches and campsites.
- Units used only by construction personnel are exempt, as the Board's notice states.
- Accessible units are marked with the International Symbol of Accessibility.
- The state notice is the source here; check the current text with the Board before a permit is filed.
What does the rule say?
At least 5% of clustered units, and never fewer than one, must be accessible and marked with the International Symbol of Accessibility at a temporary event where single-user units are grouped.
The rule is set out in 521 CMR 30.1.2, as the Architectural Access Board's notice on portable toilets describes it. The notice is the plain-language statement this page relies on, and it should be read alongside the regulation itself.
The share applies within each cluster, so the count is worked out for each group of units a visitor would reach from one entrance. A cluster of six units carries at least one accessible unit.
Where 5% of a cluster gives a fraction, the notice this page relies on does not describe how to round it, so the Board's office should be asked before the count is final.
| Units in the cluster | Minimum accessible units |
|---|---|
| 6 | 1, because the minimum of one applies |
| 20 | 1 |
| 40 | 2 |
| 100 | 5 |
| 200 | 10 |
Which events does the rule cover?
Temporary events such as fairs, roving carnivals and holiday events, and places such as fairgrounds, parks, beaches and campsites, where single-user portable toilets are clustered.
The notice names those types of event and place. A block party, a race route, a park concert and a beach gathering all fall within the kind of temporary event the notice describes.
A permanent installation is a different matter and is not what this notice covers. The rule speaks to temporary placement, and the planning for a temporary event is what this page is about.
An event organizer who is unsure whether a particular gathering counts as a temporary event should ask the Board or the permitting office before the plan is filed.
What about construction sites?
Units used only by construction personnel do not have to be accessible, under the Board's notice. A unit shared with visitors or the public is not covered by that exemption.
The exemption depends on who uses the unit. A unit kept only for the crew on a construction site is exempt, while a unit that a visitor, an inspector or a neighbor can use is part of the public cluster.
A construction site that is open to the public, such as a site beside a busy park, should count its units as public unless the site limits their use to the crew in writing.
The plan should say which units are for construction personnel and which are shared, so the reviewer can see the exemption applied to the right units.
How should accessible units be placed and marked?
Placed on the firmest and flattest ground nearby, on a short route from the accessible path, and marked with the International Symbol of Accessibility so a visitor can find them.
The route is the part most often missed. A marked unit at the end of a soft lawn or a long gravel path is not accessible in practice, so the route should be firm, level and clear of obstacles.
The route should be checked on the morning of each day of use, and again after heavy rain, since a shifted pad or a soft path can stop a wheelchair reaching the unit.
On a Boston street closure the accessible unit usually sits at the curb end of the cluster, where the walk is widest, and the placement is shown on the plan for the permit file.
- A firm, level approach from the accessible path
- Enough room to turn a wheelchair at the door
- The International Symbol of Accessibility on the unit
- A route checked each morning and after rain
- Placement shown on the site map
How do you work out the accessible count for a mixed site?
Group the units by the route a visitor takes from one entrance, count each group, and apply the 5% share with the one-unit minimum to each group. Then add the groups together for the site total.
Begin with the map. Mark each cluster, the entrance it serves and the number of single-user units it holds. A group of units that a visitor would reach from the same path is one cluster for this purpose, even if it is split across two lawns.
Apply the share to each cluster separately. A site with a cluster of six, a cluster of twenty and a cluster of forty has one, one and two accessible units, which is four in total. Adding the clusters first and then taking 5% would give a different and wrong answer for a small group.
Record the arithmetic on the plan. A reviewer who sees the count per cluster can check it in a minute, and a count with no workings invites a question that delays the permit.
What should the site plan show for accessible units?
Each accessible unit is shown by its own mark on the plan, with the route from the nearest accessible path, the surface it stands on and the spot it sits in relative to the cluster.
The mark should be the same symbol that the unit carries on the ground, so a steward and a reviewer read the plan the same way. A legend on the page explains the mark in one line.
The route is shown as a line from the accessible path, with any step, slope, gravel or soft surface noted at the point it occurs. A route that looks clear on a plan but crosses a grass bank is the most common reason an accessible unit fails on the day.
Show the approach width and the turning space at the door. The plan does not need to be a survey, but it should show that the spot is large enough to use, not only to stand a unit on.
- The accessible unit mark and the cluster it belongs to
- The route from the accessible path, with each surface noted
- The turning space at the door, drawn to scale where possible
What mistakes come up most often with accessible units?
The three mistakes that come up most are placing the accessible unit at the far end of the cluster, leaving its route soft or sloped, and forgetting to count it inside the cluster it serves.
Placing the accessible unit at the far end is a common habit, because the near units are used first. The accessible unit should sit close to the main path, so a visitor does not walk the length of the cluster.
A soft lawn or a gravel path looks firm until a wheelchair crosses it. The route should be checked on the day, after any rain, and a pad laid where the surface gives.
Forgetting the count happens when a site adds units late. Each addition changes the cluster total, and the accessible share has to be recalculated and the plan updated before the event.
How does a dense city block affect the accessible unit?
On a dense block the accessible unit often has to stand on the public way, where the approach is the sidewalk. The sidewalk must stay clear for pedestrians, so the accessible unit is placed at the outer edge with a firm pad and a clear route.
A narrow walk can be shared with the unit only if the width left for people is still usable. A wheelchair needs room to turn, and a pedestrian needs room to pass.
The permit for the public way should show the accessible unit and its route, so the reviewer sees the same arrangement the crew will build.
Frequently asked questions
What is the Massachusetts accessibility share for portable toilets?
At least 5% of clustered single-user units, and never fewer than one, at a temporary event.
Does this apply to a private party?
The notice covers temporary events and places such as parks and fairgrounds. A small private gathering may not reach that threshold, and the host can still add an accessible unit.
Are construction units exempt?
Units used only by construction personnel are exempt under the Board's notice. Shared or public units are not.
Does the rule say how to round a fraction?
The notice this page relies on does not describe rounding, so the Architectural Access Board's office should be asked.
How should an accessible unit be marked?
With the International Symbol of Accessibility, which the notice requires.
Is this the same as the federal ADA rule?
This page covers the Massachusetts notice. The federal standards are a separate source and are not restated here.
Does the share apply to a cluster of only two units?
Under the rule as the notice states it, at least one of those units must be accessible, because the minimum is one.
Can the accessible unit be shared with the crew?
The unit is for public use during a temporary event. A site that limits it to crew use is a construction case and should be checked against the exemption.
Sources
- Massachusetts Architectural Access Board, portable toilets notice (521 CMR 30.1.2)
- Massachusetts Architectural Access Board regulations
- Commonwealth of Massachusetts
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