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Private pool rentals coming under scrutiny

Alexandr Podvalny on Unsplash
Alexandr Podvalny on Unsplash

Summer is coming. What better way to spend a hot, sunny afternoon than lounging around a cool, sparkling backyard pool?

The problem is, you don't have one. But thanks to the sharing economy, that's no longer a barrier.

For between $55 and $100 an hour, you can find a private Oakville pool with amenities for lazy lounging, lap swimming or endless cannonball contests.

Swimply, a California-based online marketplace, connects pool owners with wannabe swimmers. The website also lets homeowners list spas, tennis courts, home gyms and studio spaces for rental.

Danielle W., who can't be reached without making a pool booking, offers a Glen Abbey area heated saltwater pool with toys, a basketball net, lounge chairs, a putting green and a covered lounge area.

She promises a "sunny backyard oasis for a summer escape close to home" for $65 per hour with a minimum two-hour booking on weekends.

But the practice of private pool rentals is coming under scrutiny.

On June 14, Halton politicians will receive a report from the region's health department outlining the "potential health and safety hazards" of private pool rentals.

It says that last July, there were about 60 Swimply listings for pool rentals in Oakville.

The report says those rentals could be subject to provincial regulations and possible inspections by public health staff.

Provincial rules set a minimum standard for water chemistry and testing, safety equipment and signage. Regional staff suggest residential pools would likely be classified in the same category as public pools at hotels, sports clubs or condo buildings, requiring regular public health inspection.

But the report stops short of recommending immediate action on private rentals, partly because it isn't clear whether health inspectors have the legal authority to enter and inspect private property.

According to the report, the Ministry of Health hasn't communicated plans for a province-wide approach to the issue. 

The ministry's website offers limited advice to those considering renting out their private pool. Along with maintenance and safety issues, it suggests pool owners should seek legal advice around potential liability.

Be aware of risks, says Oakville lawyer

Through Swimply, hosts are covered by a $1 million liability policy, along with additional property damage protection insurance.

But Oakville personal injury lawyer Weston Pollard offers some cautionary advice for homeowners relying on that for comfort.

Policy details on Swimply's website are vague, but there are limitations related to pool design and injuries arising from alcohol use.

"But even forgetting about what's covered under the policy, is $1 million even enough, if you think about what can go wrong in a swimming pool?"

He noted that a catastrophic injury that might happen if a young person dives into a pool, breaks their neck and needs a lifetime of care could result in an $8 or $10 million lawsuit. Typical homeowner insurance also isn't likely to pay out on incidents related to short-term rentals of property.

He suggests that anyone considering pool rentals should start by getting a copy of Swimply's insurance policy, talk to their home insurer and maybe buy extra insurance to cover the risks involved in short-term rentals.

Pollard says that even pool renters should be concerned if homeowners don't have appropriate liability insurance.

"Most lawsuits in Ontario aren't for $1 million anymore, they're for much more than that, and if you're talking about a young child who might need care for the rest of their lives, the numbers get astronomical."

Commercial use 'generally not permitted' in residential areas, says the town

The regional report says that pool rentals can also lead to noise, parking and other nuisance complaints from neighbours. In response, the public health department is working with local municipalities "to formalize an approach for responding to residential pool and spa rental notifications and complaints."

Oakville officials said that while permitted uses on properties depend on their specific zoning, "rentals of residential pools and spas are considered as commercial use and are generally not permitted in residential zones."

The region's website – halton.ca – is also to be updated with educational information for residents related to private pool rentals.