While the pool/spa industry, pool owners, safety advocates, and government entities grapple with the question of how to govern short-term rental pools, the state of Minnesota landed on its answer: The state’s Court of Appeals affirmed a decision to treat pools rented through such short-term platforms as Swimply like commercial
installations.
In 2021, the Minnesota Department of Health (MDH) declared that these pools are commercial facilities requiring the same licensing. A family that rents their pool through Swimply petitioned for the MDH rule to be overturned, stating that no law exists categorizing the pools as commercial, and that making such rules does not fall in the agency’s jurisdiction.
The Court of Appeals disagreed with the plaintiffs on both counts. The
decision is considered final.
