Rental of Residential Swimming Pools to the Public

Residential swimming pools may not be rented out to the general public through pool sharing online marketplaces or through other means unless they are properly permitted by SC DHEC as a “public swimming pool” as defined by S.C. Code Ann. Regs. R. 61-51.A(45). 

  • Residential swimming pools are those that are privately owned, constructed in connection with a single-family residence or single-family rental unit, and exclusively used by the family of the residence and their private guests. These pools include privately owned spas (such as hot tubs) serving only a single-family residence or single-family rental unit and their private guests. 
  • “Private guests” do not include members of the general public who wish to access a pool through a short-term pool rental arrangement, whether through online marketplaces or another means. When use of a residential pool is extended to the public at large, the pool is operating as a “public swimming pool” that is subject to regulation by SC DHEC.
  • All public swimming pools – including privately owned residential pools and spas that are being opened up for rental and use by the general public – must have a valid operating permit issued by SC DHEC and must meet all applicable regulatory requirements to ensure the safety and proper design, construction, and operation of the pool.
  • Upon learning of a residential pool being offered for public rental, Recreational Waters staff will instruct the owner of the pool to bring the pool into compliance with applicable regulations or to cease offering the pool to the public for rental. Before continuing rentals to the public, the pool must comply with all requirements established by Public Swimming Pools, S.C. Code Ann. Regs. 61-51. Failure to comply with those requirements may result in the owner of the pool being subject to enforcement action or legal action by SC DHEC. 

Short-term property rentals through homestay apps or other similar arrangements may include access to a pool or spa on the premises. Please be aware that such pools and spas associated with single-family rental units are recognized as residential swimming pools and are not “public swimming pools” as defined by S.C. Code Ann. Regs. R. 61-51.A(45). These pools are not regulated by SC DHEC and are not subject to the same safety, design, construction, and operation requirements as public swimming pools. 


Luke Abel 
(803) 898-4255