Private Swimming Pools For Rent On Staten Island Are Illegal, Potentially Hazardous To Users: Fines, Insurance Concerns, Possibility Of Injury

Amid Rising Public Safety & Public Health Concerns, DA McMahon Cites New York State Sanitary Code & Questions the Legality of the “Swimply” App & Other Platforms Used to Rent Private Backyard Swimming Pools to Strangers

Today, Richmond County District Attorney Michael E. McMahon reminded Staten Islanders that apps like “Swimply”, and other platforms that allow homeowners to rent out their private backyard swimming pools to strangers may be doing so illegally in New York State. The announcement comes in the wake of both rising public safety and quality of life concerns across the borough and thorough research conducted by the Richmond County District Attorney Office’s Counsel for Strategic Projects & Initiatives Unit.

According to New York State Sanitary Code’s 10 NYCRR §6-1.1, the “purpose of this Subpart is to assure a sanitary, healthful, and safe environment for the public when using swimming pools,” and further that, “the requirements of this Subpart shall apply to all swimming pools except a swimming pool…owned and/or maintained by an individual for the use of his family and friends…”.

Therefore, rentals of private backyard swimming pools to strangers are illegal if not in compliance with the New York State Sanitary Code which requires that public pools follow specific construction standards, abide by water treatment requirements, and supervisory safety guidelines.

“With summer in full swing and Staten Islanders desperate to beat the heat, it may be tempting to do so by renting out a private backyard with a swimming pool. However, sunbathers and swimmers alike across our borough should know that this option poses a myriad of public safety and public health risks.

“Private pools are not designed, built, or inspected under the same health and safety regulations as public pools nor are they supervised by an on-duty lifeguard. Worse yet, for homeowners, engaging in this type of activity is in direct violation of New York State Sanitary Code and could open up proprietors to cases of tax evasion, zoning violations, or criminal negligence should a tragedy occur on their premises” said District Attorney McMahon.

In addition, 10 NYCRR 7-1.12 of New York State Sanitary Code further calls into question the legality of unlicensed pool rentals through apps such as “Airbnb” stating, “A swimming pool, bathing beach, or recreational aquatic spray ground operated as part of a temporary residence for the use of the occupants, guests, invitees or employees shall require the approval of the permit-issuing official, and must be constructed, maintained, and operated so as to comply with the applicable provisions of Part 6 of this Title.”

Without first obtaining a permit, homeowners who rent their private backyard pool to strangers are not in compliance with New York State Sanitary Code and may subject their lessees to the following list of public hazards:

• · Failure to provide adequate supervision of the swimming pool;
• · Failure to continuously operate the swimming pool’s filtration and disinfection equipment;
• · Use of an unapproved or contaminated water supply source for potable water use;
• · Overhead electrical wires within 20 feet horizontally of the swimming pool;
• · Unprotected electrical circuits or wiring within 10 feet of the swimming pool;
• · Absence of all lifesaving equipment on swimming pool deck;
• · Swimming pool bottom not visible;
• · Absence of or improper depth markings at a swimming pool;
• · Use of unapproved chemicals or the application of chemicals by unapproved methods to the swimming pool water;
• · Broken or missing main drain grate in the swimming pool;
• · Overcrowding of the swimming pool that results in poor supervision of bathers;
• · Glass or sharp objects in swimming pool or on deck area; or
• · Any other item determined to be a public health hazard by the permit-issuing official.

“While prosecuting serious crime and ensuring that recidivists and violent defendants face serious consequences in the courtroom will always be my office’s top priority, preventing crime and maintaining the quality of life for my fellow Staten Islanders is absolutely critical as well,” added District Attorney McMahon. “Swimply and poolside subletting is not only illegal in the state of New York, but diminishes our quality of life and poses a real threat to our public safety and public health as well. To be sure, I have received numerous complaints from neighbors whose lives have been upended by this illegal and ill-advised practice. Staten Islanders looking to enjoy some fun in the sun this summer can do so safely, lawfully, and free of charge at any of our borough’s seven public pools, and I implore homeowners across our beloved borough to immediately cease poolside subletting before any civil or criminal penalties incur.”

“The Emerson Hill Civic Association strongly supports District Attorney McMahon in enforcing New York State regulations associated with the unlawful rental of private residential pools. This is a major problem in our community, resulting in intoxicated and disorderly gatherings causing excessive noise after hours and illegal parking on the narrow streets of Emerson Hill, preventing safe passage for residents and emergency vehicles and jeopardizing public safety. The quality of life of Emerson Hill residents has been severely impacted, and such illegal practices must stop” said Aris Stathopoulos, President, Emerson Hill Civic Association

Banner Image: Swimming pool. Image Credit – Raphaël Biscaldi