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Wisconsin Drops Attempt to Treat Backyard Pools Like Public Pools

Wisconsin short term rental pool

Expect to see more AirBnB and VRBO homes in Wisconsin listed with backyard pools.

The state’s Department of Agriculture, Trade, and Consumer Protection earlier this month dropped a proposed rule that would have treated pools at short-term rentals just like public pools after a motion adopted by the Joint Committee for the Review of Administrative Rules.

“After receiving testimony from interest groups, Department staff, and individual property owners, JCRAR adopted a motion to suspend the phrase ‘a tourist rooming house’ in [state administrative code],” DATCP said in a jargon-laden response to lawmakers. “JCRAR also adopted a motion in support of the suspension relating to the applicability of [state law] to remove pools that are located at short-term rentals.”

The Wisconsin Institute for Law and Liberty, which challenged the new pool regulations, on Thursday said DATCP’s decision is a win for individuals, and a win for common sense.

“It’s encouraging to see DATCP abandon their efforts to impose burdensome red tape on short-term rental owners with pools and hot tubs,” WILL Policy Director, Kyle Koenen, said. “Property owners will now have some well-deserved certainty that they can make a living without the heavy hand of government impeding their ability to do so.”

A number of homeowners who listed their homes on short-term rental websites said they lost a season because of the confusion over the rule that now won’t be put into place.

Homeowner Kelly Smith told lawmakers back in April that she lost $30,000 because people declined to rent her house because they couldn’t use her pool.

“Renters are easily able to see our pool and are usually mystified and upset when I tell them they aren’t allowed to use it,” Smith said.

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