BUFFALO, N.Y. — Whether cooling off in pools, ponds, lakes, and streams, swimming is a sure way to escape the summer heat in Western New York.
In all forms, swimming has risk but Erie County officials shared their concerns Monday about one specific circumstance involving backyard pools and private rentals.
Apps like 'Swimply' give pool owners a platform to post their backyard oasis for anyone to rent online. People schedule a time, pay an hourly rate, and the space is theirs to use as they please. Think AirBNB for pools.
But county leaders and the state say it is illegal.
"We think it's very important for the public to understand that [this is] illegal in New York State and carries a lot of significant risks," said County Executive Mark Poloncarz.
Many of those risks are not covered by insurance and are not listed under 'Swimply's' user agreement. The company is partnered with Evanston Insurance Company, however, and says hosts are 'eligible' for up to $1,000,000 in coverage.
The county cites New York State sanitary code Part 6, SubPart 6-1, which requires public pools to follow specific construction standards and abide by water treatment requirements, and supervisory safety guidelines.
By allowing their pools to be booked through 'Swimply' or other means, the county and state are essentially saying that your private backyard pool becomes public. In a statement from the New York State Health Department, a spokesperson confirmed this interpretation.
"It is illegal in New York for individuals to rent out their swimming pools without a permit to operate. Accordingly, individuals wishing to rent out their residential pools through services such as 'Swimply,' must comply with the requirements of Subpart 6-1 of the State Sanitary Code."
UPDATE: The state also confirmed in a follow-up email Tuesday, that it has communicated with Swimply about state regulations regarding the rental of backyard swimming pools.
During a press conference Monday at SUNY Erie's Burt Flickinger Athletic Center pool, Jennifer Delaney, Director of the Division of Environmental Health for the county health department explained how backyard pools aren't held to the same standard as public ones.
"Our permitting process includes lifeguards and chlorine and chemical requirements, signage and safety plans, all designed to protect swimmers," said Erie County Health Commissioner Dr. Gale Burstein.
Poloncarz warned that fines of up to $2,000 could be levied for each violation.
Donna from Tonawanda told 2 On Your Side she listed her pool on 'Swimply' shortly after the COVID-19 pandemic to make a little extra cash. As a senior on a fixed income, she said anything helps.
Recently, she got a cease and desist letter dated July 14 from the Erie County Health Department informing her of the violation.
"I thought I got a fine. I was shocked," Donna said.
She didn't realize before getting the letter that her $45 an-hour gig before fees, could have cost her nearly 45 times her hourly rate.
"I can see where it's a concern for them though," Donna said regarding the state and Erie County.
Donna has received stellar reviews on 'Swimply' and told 2 On Your Side she made sure her neighbors were aware of what she was doing and made it clear in her listing that loud music would not be allowed. Her pool's levels are also regularly tested she added.
With only five pool listings in Western New York on 'Swimply' as of the posting of this article, it is unclear how widespread this concern actually is. Poloncarz said private pool rentals also happen on other platforms.
Health Department officials did not know of any drownings in Erie County related to 'Swimply' or other pool rentals but cited a case in Rockland County last year.
“Staying cool and staying safe should go hand-in-hand in the summer,” Dr. Burstein said.
“If you are considering offering your pool for rent, or renting an uninspected pool, we urge you to reconsider. The safety and liability risks are not worth the benefits. There are safe public pool options, spray parks, beaches, and other places to swim and enjoy the cool water," she added.
"Residents who choose to rent these private pools are putting themselves and their guests at risk. The last thing we want to see is a catastrophic injury or drowning related to one of these unregulated, potentially unsafe swimming pools," County Executive Poloncarz said
Since receiving her letter, Donna has stopped accepting reservations on 'Swimply' she said.
Donna had been getting "three or four" requests a week during June, July, and August. While she understands the situation, she wishes that new regulations could be written to allow people like her to get a license to operate her pool as a business.
Currently, the Erie County Department of Health does not employ sanitarians to check private pools, only public ones like those in the City of Buffalo. That inspection process also includes ensuring that proper facilities are available for people.
Complaints about swimming pools operating without a permit can be sent to the Erie County Department of Health Division of Environmental Health at (716) 961-6800.
Property owners who would like more information about obtaining a public swimming pool permit can call (716) 961-6800 or visit www3.erie.gov.
As of the posting of this story, Swimply has not responded to 2 On Your Side's request for comment.
