ST. PAUL 鈥� Hot tubs are now fair game for Minnesota鈥檚 short-term rental properties, thanks to a new law that declassifies them as 鈥減ublic pools鈥� and ensures uniform regulations across the state.
Effective July 1 and passed during the June 9 special session in the state鈥檚 Health bill, the 鈥渇ree the hot tub鈥� law declassifies hot tubs offered at short-term rentals as 鈥減ublic pools,鈥� effectively allowing hosts across the state to more easily offer hot tubs as an amenity for guests.
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Second-term Rep. Isaac Schultz, R-Elmdale Township, authored the bill after he heard from one of his constituents who hosts short-term rentals that she was at risk for not only shutting down her hot tub, but her rental facility in its entirety over the regulations. After the bill became law on July 1, Schultz said the same host reported four new bookings in four hours.
Hot tubs as 鈥榩ublic pools鈥�
Previously, hot tubs at short-term rentals were by the Minnesota Department of Health. Hosts were expected to meet requirements such as daily chemical testing, proper signage, fencing, entrapment protection, operator training and recordkeeping. If hosts didn鈥檛 meet the requirements and didn鈥檛 obtain proper licensing, they could receive a cease-and-desist order.
In 2021, the Minnesota Department of Health of public pools, including hot tubs for short-term rentals, with concerns over sanitation 鈥� such as rashes and bacterial outbreaks 鈥� as well as safety hazards like drain entrapment. Minnesota鈥檚 entrapment regulations date back to 2008, following the death of a 6-year-old Minnesota girl who was severely injured by the suction of a pool drain and later died from those injuries.
New requirements
Now these short-term rentals can have hot tubs as long as the water temperature in the spa pool does not exceed 106 degrees Fahrenheit and the resort or property owner tests the water before check-in for the concentration of chlorine or bromine, pH and alkalinity to ensure it meets the requirements for disinfection residual,
The new law also states that hot tubs must have a notice conspicuously posted for guests to see that states: 鈥淭his spa is exempt from state and local anti-entrapment and sanitary requirements that prevent disease transmission waterborne diseases such as Legionnaires鈥� disease, Pseudomonas folliculitis (hot tub rash), and chemical burns and is not subject to inspection.鈥�
Evening the playing field
Before the 鈥渇ree the hot tub鈥� law was passed, Schultz said enforcement across the state wasn鈥檛 uniform. Some counties, such as Cass, would actively enforce the requirements, while others, like Crow Wing, were lax about it, leading to inconsistent compliance, often based on whether that county has a point person from the Department of Health to enforce the licensing, he said.
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鈥淵ou had these counties across the state where they had told their short-term rental operators that they could use the hot tub, but then the people in the neighboring county weren鈥檛 able to,鈥� Schultz said, explaining that on some lakes like Gull Lake, rules were not uniform. 鈥淵ou鈥檙e literally talking about the same lake, and you could have ... owners and operators of short-term rentals getting two different rules.鈥�
Schultz said the bill is not only about allowing guests to enjoy amenities, but also about helping small business owners across the state to compete in the tourism industry.
鈥淓very corner of the state will see this, and it should be about helping make Minnesota just the most attractive state to vacation and to enjoy the outdoors at all times of the year, which is important,鈥� he said.
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