North Carolina residents can now legally rent out their private swimming pools, according to a new state law that went into effect on July 1.
The new law, North Carolina GS 130A 280, makes it easier for pool owners to rent their pools on shared economy platforms like Swimply, a rental app for swimming pools. Prior to July 1, if a North Carolina resident wanted to rent out their pool, they would have needed a special permit from the county health department. Now, residents don’t need the permit.
It’s great news for pool owners who have embraced pool sharing apps. They love the extra income that from renting their pools, and that supplemental income can be used for pool maintenance.
But it’s important to be aware that the new law also imposes safety standards for people who are renting out their pools.
What are the safety standards for rental pools?
• Testing and maintaining water chemical levels — Pools must be well‑maintained with proper chemical balance and cleanliness to ensure safe and healthy swimming conditions.
• Keeping the pool area safe with proper signage — Pools must have clear and conspicuous signage posted around the pool area specifying pool rules, depth markers, and any potential hazards.
• Having proper life-saving equipment available — Pools must be equipped with basic lifesaving equipment, including life rings and reaching poles.
• Protecting and securing the perimeter with fencing and barriers — Pools must have proper fencing and barriers to prevent unsupervised access, especially by children. The fence should be at least 4 feet high with a self‑latching gate.
• Having properly fitted submersion suction covers.
• Having a non-slip pool deck area. How will this be enforced? The short answer is, it won’t. The county’s health department is not responsible for enforcing these standards. If one or more of these standards are missing, it could be a concern, and it’s up to the pool owner and the pool’s renter to ensure that the standards are in place.
Are there Liability Concerns? Absolutely! Even with recent changes, private pool owners who rent their property remain exposed to legal action under general premises liability law and common law duties of care. Potential lawsuits may arise from:
• Premises liability: Duty of care: A pool owner has a legal duty to maintain a reasonably safe premises for guests. This includes warning of any known hazards, such as loose ladders or uneven surfaces.
Attractive nuisance: Pools are considered an 'attractive nuisance,' meaning they can attract children who may not understand the danger. This places a higher duty of care on owners to take precautions, such as installing barriers or fences, to prevent unauthorized access by children.
• Negligence claims: Failure to maintain safety standards: If a rented pool fails to meet the minimum safety requirements outlined by the new law and an injury occurs, a plaintiff could argue the owner's negligence caused their harm.
Lack of warnings: A lawsuit could claim the owner was negligent by failing to warn renters about a dangerous condition, such as insufficient chemical levels or a broken drain cover.
• Insurance coverage: Homeowner's policies: Lawsuits for injuries or drownings are typically pursued against the property owner's homeowner's insurance policy. However, using a pool for a commercial rental may affect or void coverage if the owner did not inform their insurer.
• Disputes with regulators: Past legal challenges: In 2023, prior to the new exemption law, lawyers for pool rental platform Swimply challenged county health departments over their authority to regulate rented private pools. There remains the potential for owners to face legal disputes with regulators over compliance.
What can pool owners do to reduce legal exposure?
To mitigate potential legal exposure, owners renting out their pools should consider several measures:
• Ensure the pool meets all minimum safety and cleanliness requirements.
• Inform their insurance company that they are renting their pool to ensure they have proper coverage for commercial use.
• Clearly disclose any potential hazards to renters.
• Maintain a safe environment and follow any state or local regulations that apply.
