In the May 29 Metro article “Pool rental app sets off complaints in suburbs,” Montgomery County Council member Will Jawando (D-At Large) was quoted as saying, “We’re recognizing this is happening already, so we should create guardrails, rules of the road, and due process if there are bad actors.” However, the “guardrails” are so far from the road that they provide no protection at all. This bill would essentially greenlight activities that turn residential neighborhoods into commercial zones, creating a range of nuisances to neighbors, and health and safety risks to users. The county has already proved ineffectual at monitoring and responding to complaints related to the use of apps such as Swimply. This legislation would only compound the problem.
These private pools do not have to comply with the health and safety standards of public pools, the Civil Rights Act or the Americans With Disabilities Act. This exposes patrons to hazards and discrimination.
The county does not have the resources to enforce current regulations, which department staff made clear at a council hearing. The fiscal analysis showed that the proposed license fee would come nowhere near covering the costs of administering or enforcing the regulations. That would leave enforcement to the police, who, by their own admission, cannot even patrol neighborhoods to prevent thefts from vehicles during the daytime.
Instead, the county should take a fiscal approach. For-rent pools should comply with regulations that apply to public pools, including the same licensing and inspection regime. Enforcement should be financed through substantial licensing fees and high fines for offenders. This would provide strong guardrails that would protect residents from health hazards and safety issues, traffic and noise nuisances, and discrimination.
Mau VanDuren, Chevy Chase
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