The city of Norman has launched an attack on "Fort Bordendale," Steve Borden's home swimming pool, which he's been renting out by the hour through Swimply, an online marketplace for private pools opened to paying and playing customers.

He got a letter from city code compliance in May. "VIOLATION: Renting out swimming pool is a commercial use that is not allowed in residential areas," it said, before spelling out what is and what is not allowed at someone's home.

Another notice came just a couple of weeks ago, dated Aug. 12.

Renting a swimming pool by the hour, brought to Oklahoma by Swimply last year, isn't mentioned in the code. It does have a section on "home occupations," which are generally permissible, according to the May letter from Steven Canary, code compliance inspector.

But Canary wrote that several occupations are not allowed: auto repair; barber shop; beauty shop; carpentry work; dance instruction; medical or dental office; painting of vehicles, trailers or boats; private schools with organized classes; child care establishment; radio or television repair; upholstering; restaurant; and rest home.

Pool renting isn't listed, but then it's not actually an occupation. In any case, the code doesn't cover it, Borden said, after consulting Swimply's legal department. Canary could not be reached for comment.

On Friday, two other pools in Norman and 45 across the Oklahoma City metro area were listed on Swimply. Only in Norman, apparently, has private pool rental come up against city government.

But Norman zoning does forbid it, spokesman Tiffany Vrska said by email.

"The manner of the rentals on Swimply do not comply with residential uses allowed in the R-1, Single Family Dwelling District in Norman," said Vrska, chief communications officer. "Those uses are defined in the Zoning Ordinance or set forth in the R-1 District specifically. Instead, a non-dwelling unit portion of the property is being utilized as a rental location for commercial events, and commercial activity of that nature is not permitted under the R-1 District."

She added, "The property owners have been contacted twice and further action from the City of Norman in resolving this matter is being evaluated."

Did a neighbor tattle on this Swimply rental pool in Norman?

Borden said he figures the city got a complaint from a neighbor near his home at 620 Summit Bend, in east Norman. The letter from the city came not long after he promoted Fort Bordendale — so named because he and his family love Fort Lauderdale, Florida — on his neighborhood's Facebook page, he said.

"We held off for a bit" after receiving the letter dated May 18, Borden said, "but we started again. There's nothing there that specifies swimming pools."

Nearly three months went by. Then came another code enforcement letter, dated Aug. 12.

"DETAILS: Zoning Violation (421.1) Commercial rental of swimming pool is not an approved use in this zoning district. Commercial operations and advertisements must cease within 48 hours of the date of this letter. Thank you!"

Borden said he was led to think the first letter was a formality that the city wouldn't necessarily enforce. After getting the second letter, he thought again. He sent Canary an email, comparing his pool rental to an Airbnb short-term rental home. Borden said he made about $2,000 renting out his pool in 2021.

"I am more then willing to work with the city to find a resolution to this matter," Borden wrote. "As this is a newer concept, I believe it is in the (city's) and my best interest to find a way forward that will please all parties involved. Just because there is no specific written code for it does not make it illegal. ..."

"Please let me know what we need to do moving forward. There are multiple pools in our area and many more in the surrounding communities. This is not something that will just go away."

Borden said he's not too worried about the situation, since "we're coming to the end of swimming season," but that it needs to be resolved.

It could result in a new city ordinance, but probably not, according to Swimply, whose legal department gave Borden guidance. Swimply has dealt with this before, most recently in Palm Beach, Florida, where city officials earlier this month declared pool rentals illegal, which Swimply disputes.

Whatever the case in Palm Beach, Swimply argues that in Norman it's clear as the saltwater in Borden's pool that what he and his wife, Jennifer, and a few others in Norman are doing is legal.

"First, as a relatively new concept of home amenity sharing, Swimply does not exist in their code. Not existing in one's code does not mean it is disallowed," Swimply wrote to Borden. "New activities and products occur all the time and a government may not simply state that since they have yet to recognize it, it therefore does not exist."

Stress-free side hustle? Make cash by renting out your car, boat, bike or pool

Swimply contends a government must address new products and regulate them via the democratic process, and pass an ordinance, something Norman did in 2020 when it passed an ordinance to deal with short-term home rentals in response to the popularity of Airbnb.

Swimply said that ordinance, which defines a short-term rental as "the rental of an existing or otherwise permitted dwelling structure or any portion thereof," could cover pool rentals, and the city might require that Borden and others renting out pools to get a license, but "they will have to make that formal assessment."

Senior business writer Richard Mize has covered housing, construction, commercial real estate, and related topics for the newspaper and Oklahoman.com since 1999. Contact him at rmize@oklahoman.com.

This article originally appeared on Oklahoman: City of Norman takes aim at Swimply online pool rental market