Aquatic Health & Safety

The New York State Sanitary Code (6 NYCRR Part 6, Subpart 6-1) requires that all pools, except those that are only used by the owner/maintainer’s family and friends, and certain pools used for medical needs, must have a County Health Department permit for operation. When you rent a pool, it is generally rented to strangers (who rents a pool to family or friends?). In that case it needs to have a permit. Most residential pools do not have Department of Health permits.

Even if you do not charge, letting the general public use your pool, with or without rent, requires that you get the permit required by the Sanitary Code.

Letting strangers or other members of the general public use your pool without having a permit for the pool is a violation of the New York State Sanitary Code. Violations of the Sanitary Code are enforced by the County’s Department of Health. If you are found to be allowing strangers or the general public to use your pool, and you do not have the required permit, the Commissioner of Health can fine you up to $2,000 per day.

No. You cannot be fined or penalized for just advertising your pool for rent. You can only be fined if strangers or the general public actually use it and you do not have the required permit for the pool. Also, if you do get a permit, you can be fined if you violate the conditions of the permit or the Sanitary Code requirements for permitted pools.

The County Department of Health will conduct a hearing. After looking at the available facts, the Commissioner of Health will make a decision, based upon the evidence at the hearing to decide if you needed a permit. One of the questions to be determined by the Commissioner of Health in a case about using an unpermitted pool, would be whether the people using the pool were family and friends, or strangers to you.

The rules are set by the New York State Sanitary Code. The New York State Sanitary Code is made by the New York State Department of Health. If you do not like the rules, you will have to communicate that to the New York State Commissioner of Health, at dohweb@health.ny.gov or New York State Department of Health, Corning Tower, Empire State Plaza, Albany, NY 12237.