ROCKLAND RESPONDS: County Executive Ed Day Sheds Light on the Legality of Renting Backyard Pools
Dear County Executive Ed Day,
I would like to know what the law is when it comes to renting out my backyard pool. I believe there are even sites where you can list your pool, like an Airbnb of sorts but for pools. Is this legal for me to use such a site or even to post elsewhere? Specifically, is it legal only under certain circumstances (like if I am properly insured for this)? What if my neighbor doesn’t like that I am doing this - will they have a legitimate complaint about how I use my pool? And finally, even if I’m not renting it out, what if I happen to have a lot of friends who like to use my pool - are there any limits on that kind of thing? I have asked around, and I just can’t seem to get a clear answer on all of this.
Swimming With Questions
Thank you for your very appropriate question, which I am happy to address. The simple answer is, it is not legal to rent out swimming pools in NYS unless the person has a permit under Subpart 6-1 of the NYS Sanitary code. There are no backyard residential pools in Rockland that hold a 6-1 permit, and they cannot be rented legally. Backyard residential pools typically do not meet the design standards required of a pool open to the public, and it would be difficult to design and construct one that meets all of the standards, which require RCDOH engineering review and approval before construction. Further, it is often a violation of local zoning and municipal laws to rent a pool.
The message to the public is: you cannot rent out backyard pools. Listings on sites like Swimply, in classified ads, and postings on private social media groups are a growing problem across the State. We always try to get this message stressed when given the opportunity to let our residents know about the legality when it comes to renting out a residential pool.
Rockland County Executive
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