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1 <br /> <br />Residential Swimming Pool and Spa Rentals <br />FREQUENTLY ASKED QUESTIONS <br />When are residential pools considered public pools by the Minnesota Department of Health? <br />Minnesota statutes and rules clearly define “public pool” and “private residential pool.” A <br />public pool means any pool other than a private residential pool that is available to the public <br />under a variety of circumstances. A private residential pool does not include a pool used as part <br />of a business. <br />A homeowner that rents their pool to customers via a sharing economy app or other platform <br />has effectively turned their pool into a public pool. Pools and spa pools available for use as part <br />of a vacation home rental are also considered public pools. <br />Definitions <br />Pool and spa pool are defined in Minnesota rules. <br />Minnesota Administrative Rules, Chapter 4717.0250, Subp. 6 and Subp. 9. <br />(https://www.revisor.mn.gov/rules/4717.0250/_ <br />Subp. 6. Pool. "Pool" means any structure, chamber, or tank containing an artificial body <br />of water for swimming, diving, relaxation, or recreational use including special purpose <br />pools and wading pools. <br />Subp. 9. Spa pool. "Spa pool" means a hot water pool intended for seated recreational <br />use with a water agitation system in addition to the recirculation system. Spa pool is <br />synonymous with the term "whirlpool." <br />Public pool is further defined in Minnesota statutes and rules. <br />Minnesota Administrative Rules, Chapter 4717.0250, Subp. 8. <br />(https://www.revisor.mn.gov/rules/4717.0250/) <br />Subp. 8. Public pool. "Public pool" has the meaning given in Minnesota Statutes, section <br />144.1222, subdivision 4, paragraph (d). <br />Minnesota Statutes, Chapter 144.1222 Subd. 4 (d) <br />(https://www.revisor.mn.gov/statutes/cite/144.1222) <br />(d) "Public pool" means any pool other than a private residential pool, that is: (1) open <br />to the public generally, whether for a fee or free of charge; (2) open exclusively to <br />members of an organization and their guests; (3) open to residents of a multiunit <br />apartment building, apartment complex, residential real estate development, or other <br />multifamily residential area; (4) open to patrons of a hotel or lodging or other public <br />accommodation facility; or (5) operated by a person in a park, school, licensed child care