A bill to address property rights will be considered by Kentucky lawmakers. Senate Bill 61 passed the Standing Committee on Veterans, Military Affairs, and Public Protection unanimously last week. Titled An Act Relating to Swimming Pools, it aims to expand the definition of Class A and Class B pools.
Those definitions were put in place by the legislature after the Kentucky Department of Public Health started suing private landowners for listing their pools for rent on an app called Swimply. The lawsuits are an attempt to force an injunction stopping these rentals, claiming the privately owned pools are public.
Bill sponsor Senator Craig Richardson said defining public and private pools is a step in the right direction, but more needs to be done.
“To rectify this even further for the injunctions and lawsuits that are currently being filed, in this bill, Senate Bill 61, we are expanding the definition to simply say those that rent their private pool on these apps or apps like it are not then subjected to the same regulations as a public swimming pool,” said Richardson.
Richardson was asked about safety standards for these rentals. He responded that the lawsuits are a case of selective enforcement.
“If we rent out our whole home that has a pool, either on Airbnb, VRBO, or other apps like that, coincidently, the Department of Public Health is not targeting those now. So, it’s selective enforcement. They’re only targeting those people, but there’s no difference. So, I appreciate your question very much. This is a clear case of selective enforcement on those who are just renting their swimming pool,” said Richardson.
The bill only addresses the distinction between public and private pools. However, when asked about liability, Richardson pointed out that homeowners are required to carry homeowners’ insurance and rental apps have their own protections in place as well.
