People renting backyard pools told to stop operating 'public pools'
Backyard pools across the Triangle are available for rent, advertised on the Swimply app as ‘Hidden Gem’, ‘Private Oasis’ and ‘Tropical Retreat.’
However, some hosts on the site are getting push back from local officials. The hosts are being told to stop operating as a "public pool" or face consequences.
There is no law in North Carolina governing backyard pool rentals specifically; but guidance from the Department of Health and Human Services says if you rent out your backyard pool, the pool is considered public.
Orange County said they were following that guidance when they sent a letter to Chris Paolucci telling him to stop operating the pool in his backyard as a public pool.
Paolucci is a Swimply host and has been renting his backyard pool to others who may not have pool access.
"It gives that opportunity for people without, and it gives us an opportunity to cover our costs," Paolucci told 5 On Your Side.
Swimply works like other sharing apps Airbnb and Vrbo, but it’s just for pools and visitors can rent by the hour.
"Typical it’s like 2 to 5 people coming, small families," Paolucci explained about his experience hosting on Swimply.
Paolucci said he was confused when he got the letter from Orange County. The letter said Paolucci needed to have a public pool plan review, a commercial grade pool and an operational permit from the county to keep operating as a public pool.
The county cited 2021 guidance from NCDHHS that says renting only the private pool at a home means the pool is no longer private.
Swimply responded to the county, citing 2020 guidance, also from NCDHHS, that says under the Vacation Rental Act, if you rent a home, the pool at that home remains private.
"Basically, Swimply is being held to a different standard than Airbnb and Vrbo," Paolucci said.
When 5 On Your Side reached out to Orange County, they sent us this statement: "Orange County is following guidance established by NCDHHS for pools being rented out through sites like Swimply."
NCDHHS provided this statement to 5 On Your Side:
"The November 2020 memo pertains to spas that are part of a home rental and used by the guests of the vacation home which is a different scenario from the memo on swimming app rentals. NCDHHS’ August 2021 guidance, pertaining to new renters’ apps specifically, is the most recent released by the Department. It summarizes the most current guidance which is when the owner or resident of a single-family dwelling opens the use of the dwelling’s pool to the public for rent, they are explicitly expanding the use of the pool beyond the private use of the dwelling’s residents and guests. The pool would then require regulation as a public swimming pool as defined in NC GS 130A-281 and the applicable pool rules in 15A NCAC 18A .2500. Single family dwelling pools used by the residents of the dwelling and their guests are exempt from the health and safety requirements under these rules currently. North Carolina public pools must comply with construction standards, disinfection, safety protocols, and related requirements that help to reduce swimming-related illnesses and injuries."
5 On Your Side spoke with Stephen Kent of the Consumer Choice Center.
"The guidance offered by the state health department is not binding," Kent said about the memos. "And so it is merely a suggestion based on their interpretation of the law. It just so happens that their interpretation is wrong."
Kent says that there need to be clear laws addressing Swimply and that means action by the state legislature.
"The legislature could clarify the Vacation Rental Act for North Carolina and offer guidance directly to its various enforcement agencies around the state," Kent said.
5 On Your Side checked with a few other places:
Raleigh does not get involved in Swimply rentals.
Wake County said their standard practice is to follow NCDHHS guidance, and they would investigate complaints about unregulated, unsafe or unsanitary pools.
