Court: Swimply pool rentals need public licenses
A Minnesota court recently ruled that private pools offered through Swimply, the peer-to-peer pool-rental platform, can be treated as public pools under state law and therefore must comply with public-pool licensing and oversight requirements. The decision affects homeowners who list pools for hourly rental across Minnesota and reinforces guidance from the Minnesota Department of Health that has been in place since 2021, bringing the platform squarely into the regulatory framework that governs commercial aquatic operations.
Under Minnesota rules, public pools must obtain an operating permit, pass plan review, submit to routine inspections by the state health department, and have a certified trained operator who completes formal training every five years; the state’s inspection fee is about $1,500 and the annual license fee roughly $355. Those compliance costs and requirements appear to be influencing the market: Swimply has lost nearly 100 listings in Minnesota since the state’s guidance was published in 2021, suggesting some owners chose to delist rather than meet licensing obligations. Safety concerns that motivate oversight are illustrated by past tragedies elsewhere — for example, a 7-year-old child drowned at a private pool rented for a party in Teaneck, New Jersey, in 2022 — underscoring arguments for uniform lifeguard, safety and maintenance standards that licensing aims to ensure.
Coverage of Swimply has shifted from early reporting that framed the service as an innovative sharing‑economy convenience to the more recent emphasis on regulatory and safety issues. Since the Minnesota Department of Health’s 2021 guidance and now this court ruling, reporting has increasingly focused on how public-health rules apply to ad-hoc rentals, the financial and administrative burden on homeowners, and potential public-safety gaps. Public reaction, particularly on social platforms, has mirrored that tension: some users and homeowners express alarm about new costs and restrictions, while many others voice support for stronger safety protections after high-profile incidents highlighted risks in unregulated rentals.
📊 Relevant Data
Public pools in Minnesota must obtain an operating permit, undergo plan review and routine inspections by the Minnesota Department of Health, and have a certified trained operator who completes training every five years.
Public Pools - MN Dept. of Health — Minnesota Department of Health
The inspection cost for a public pool in Minnesota is $1500, and the annual license fee is $355.
Swimply in Minnesota: Will Public Pool Statutes Make a Splash? — MSP Magazine
Swimply lost almost 100 listings in Minnesota since the state's guidance was published in 2021.
Pool owners allege 'shadow rulemaking' — Minnesota Lawyer
A 7-year-old girl drowned at a private pool rented for a party in Teaneck, New Jersey in 2022, highlighting potential safety risks in pool rental scenarios without lifeguards or public oversight.
Child's Drowning Highlights Dangers of Swimming Pool Parties — Seigel Law
📌 Key Facts
- The Minnesota Court of Appeals ruled that Swimply-style pool rentals qualify as "public pools" under state law and must be licensed.
- MDH issued guidance in August 2021 warning that renting out a residential pool to the public would trigger the public-pool requirements, and later sent enforcement letters to metro hosts in 2023–2024, including a Maple Grove pool that was ordered to cease rentals.
- The Upper Midwest Law Center argued MDH was effectively making new rules without required rulemaking, but the court found the statute’s wording — particularly "open to the public generally" — favors MDH’s reading and suggested homeowners seek a legislative fix.
📰 Source Timeline (1)
Follow how coverage of this story developed over time