Rules under review as backyard pool rentals spike

Manitoba Health is reviewing outdated swimming pool regulations amid a surge in backyard pool rentals via booking apps or websites.

Under existing rules, a private pool is considered a public one when rented out, making it subject to requirements including a valid health permit and lifeguards.

“This is a very specific and evolving regulatory area, and the province has been monitoring it for several years,” a provincial spokesperson wrote in an email to the Free Press.

Manitobans who rent out their pools may not be aware that they could be violating the regulations or exposing themselves to personal liability risks.

The Manitoba Swimming Pools and Other Water Recreational Facilities Regulation was introduced in 1997 and amended in 2015.

It was not originally designed to address apps or websites that facilitate private pool rentals, which became more popular during the COVID-19 pandemic.

As such, the regulation “does not clearly define requirements” for these types of rentals, according to the province.

“Manitoba Health is currently conducting a regulatory review and jurisdictional scan to clarify the applicable authorities in this context,” the spokesperson wrote.

Homeowners unaware of rules

Online booking platforms such as Los Angeles-based Swimply, which takes a cut of rental fees, and social media websites have made it easy for owners to advertise indoor or outdoor pools for rent.

About a dozen pools in Winnipeg were listed on Swimply on Tuesday, with prices ranging from $30 to $100 per hour. The number of listings is expected to rise when the weather warms up.

The province contacted Swimply users in 2021 to advise them of the regulations.

A Winnipeg woman who rents out her pool said she wasn’t aware of the regulations. The owner, who agreed to speak on the condition of anonymity, had 30 bookings last year.

She charges a higher rate in a bid to avoid any issues.

“That is simply to, in my opinion, weed out (people) who might not appreciate or respect your property like they should,” she said.

Most of her bookings were families with young children.

While rental fees help offset costs, there is a value to renters who want to swim in a pool that isn’t crowded, or do not have the financial means or space for a pool of their own, the woman said.

“It’s really a win-win for everybody,” she said.

A Winnipeg man who rents out his pool said he made $8,000 in the first year he listed it.

“(People) want something clean, private and somewhere you don’t have to park a mile away,” said the man, who also requested anonymity.

He requires guests to sign a liability waiver. He said he monitors guests and asks them to follow house rules for safety reasons and to be respectful of neighbours.

Rules vary for hotels, Airbnb

The rise of online booking platforms exposed gaps in provincial regulations. If a house with a pool is rented out on a website such as Airbnb for a short- or long-term stay, it is not subject to swimming pool regulations, for example.

Hotel pools aren’t required to have lifeguards on duty because they are considered semi-public pools. They are subject to public health inspections.

The City of Winnipeg’s short-term rental accommodations regulations do not apply to private pool renters or pool rental platforms, said spokesman Kalen Qually.

Private pool rentals are not considered a home-based business, he said.

Still, there are municipal bylaws and rules that apply to all Winnipeg properties. Qually pointed to noise standards and residential parking restrictions.

Transcona resident Sheldon Chapko, who recently complained to the city and Manitoba Health about private pool rentals, wants public education and enforcement efforts to be stepped up.

He cited concerns about safety and potential disruption to neighbours, especially if pool rentals involve large or rowdy groups.

“I’m not the fun sponge. I’m looking out for the best interests of the people and the community, and making sure people are doing the right thing,” Chapko said. “The big part is the safety aspect to make sure people are following these guidelines.”

Insurance, liability issues

Insurance coverage is another matter.

Anne Marie Thomas, the Insurance Bureau of Canada’s director of consumer and industry relations, said people assume a “huge” liability risk when they rent out a private pool.

“If someone gets hurt or killed on your property while you rented out your pool, you could be personally on the hook for that,” she said.

Owners could also face a claim if water quality is poor and swimmers fall ill afterward.

Before renting a pool, owners should make sure they’re not violating their home insurance policy, or find out if they require coverage from a speciality insurance company, Thomas said.

In a lot of cases, the amount of liability coverage offered by a booking platform or rental agency isn’t enough, she noted.

Coverage could be nullified if laws are violated or if pool users have consumed alcohol.

While a liability waiver might be helpful, people would still be on the hook for legal fees if they had to defend themselves, Thomas noted.

“I wouldn’t count on a liability waiver. I wouldn’t count on insurance from a third party,” she said.

Swimply, for example, provides up to $1 million in protection if a guest is injured during a reservation and a claim or lawsuit is made against a host, or up to $10,000 to cover property damage that a guest is unwilling or unable to pay for, according to its terms and conditions.

The fine print on Swimply’s website encourages hosts to obtain “appropriate” insurance and carefully review policy terms and conditions, including coverage details and exclusions.

chris.kitching@freepress.mb.ca