Can North Jersey towns ban short rentals of private pools? Many trying after child drowned

Marsha A. Stoltz, NorthJersey.com
·4 min read

After a little girl drowned in a rented pool on June 26, officials in Teaneck and other municipalities have searched their ordinances to see if they can regulate this newest wrinkle in the home-for-hire business.

Teaneck Councilman Keith Kaplan is expected to make a recommendation at next Tuesday's council meeting if an ordinance can be proposed to control or ban the rental of swimming pools by homeowners using websites such as Swimply, which facilitated the Westervelt Place rental where the 7-year-old girl died last month.

"I have to admit that the idea that people were renting pools took me a bit by surprise," Kaplan said Monday. "We are reviewing ordinances that other towns have regarding pools and safety with an eye to updates, if necessary, in our code."

The catch, said Kaplan, is that New Jersey has adopted a new Uniform Construction Code, which includes the new International Swimming Pool and Spa Code. There is some question about whether this new code addresses pool rentals or simply regulates construction, Kaplan said, and municipalities cannot adopt ordinances in conflict with state code.

"Since there may be questions about who can legislate in this space, based on state preemption, I have asked our attorneys to review and report back," Kaplan said. "Sadly, this isn't an easy process."

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Upper Saddle River is not waiting. It issued an email notice on Aug. 1 informing residents that "short term home and pool rentals are prohibited."

"Dwellings or homes, furnished or unfurnished, may not be rented for 175 days or less," the notice said. "Swimming pools and other amenities associated with a dwelling may not be rented at all." Advertising dwellings or pools for rent is also prohibited under Chapter 108, Section 8. Violations can result in fines of up to $1,250.

"The message is the result of some complaints we have received concerning advertised pool rentals," Mayor Joanne Minichetti said Monday. At least one "resort-style oasis with hot tub" is posted on Swimply for Upper Saddle River for $85 an hour with a three-hour minimum.

Franklin Lakes, on the other hand, "regulates short-term rentals but not pools," said Business Administrator Gregory Hart. At least three Franklin Lakes pools are listed for rent at $60 to $90 an hour on Swimply.

"While Parsippany does have various ordinances regarding pool construction and safety, we do not have any specific prohibitions on temporarily renting swimming pools," said a spokeswoman for Mayor James Barberio. Swimply lists at least two Parsippany pools for rent for $60 to $70 an hour.

Swimply lists at least three Paterson pools for rent ranging from $50 an hour for an above-ground pool to $125 an hour for a "yellow mansion luxury heated pool." The city's swimming pool ordinance regulates only the construction of pools.

Pool owners who list on Swimply.com can set the days and hours that their pool is available and can also control how many people can use it at a time.
Pool owners who list on Swimply.com can set the days and hours that their pool is available and can also control how many people can use it at a time.

Wyckoff Business Administrator Matthew Cavalla said "no individual township ordinance has regulated" the rental pools. At least one Wyckoff "oasis with cabana and restroom" is posted on Swimply for $75 an hour.

"Several requirements in the Health Code and the Uniform Construction code cover the topic of pools for profit," Cavallo said. "However, I expect that the Township Committee will discuss this matter at our next meeting on Aug. 16."

Rental issues

The 7-year-old girl was found at the bottom of the Westervelt Place pool by the owners after members of the rental party reportedly searched it several times for the missing child. Police responded at 6 p.m., initiated CPR and coordinated her transport to Holy Name hospital, where she was pronounced dead at 7:22 p.m.

Teaneck police did not respond to requests for a report on the incident. The owners of the property where the incident took place hung up when contacted by The Record and NorthJersey.com for comment.

Swimply spokeswoman Jessica Allen said, "The moment we were notified of this tragedy, we delisted the pool and canceled all future reservations."

"The pool remains unlisted today with no future reservations booked," Allen said.

Allen said they are "committed to working with hosts to ensure the highest level of safety measures and regulations for every listing."

"In addition, we provide guidance for every Host to adhere to local safety and legal regulations in their area, this includes federal, state, and local laws," Allen said.

The company offers up to a $1 million liability policy or up to a $10,000 policy for damage through Evanston Insurance. However, the insurance does not cover incidents related to consumption of alcohol or use of accessories such as swings, trampolines or bounce-house inflatables. Homeowners can impose additional limits such as the number of guests, the inclusion of children and smoking.

Swimply lists thousands of pools for short-term rental in New Jersey and the country. During the pandemic shutdown, the company saw a large increase in rentals as public pools remained closed and people looked for outdoor activities.

This article originally appeared on NorthJersey.com: Can NJ towns ban private pool rentals? Some are trying