PHOENIX (3TV/CBS 5) -- A 4-year-old boy is in the hospital in extremely critical condition after he was pulled from the backyard pool of an Airbnb rental in south Phoenix.

It happened Sunday around 5 p.m. at a gated home tucked behind a business north of Central Avenue and Baseline Road.

Phoenix fire officials said the boyfriend of the child's mom pulled him out of the water. The little boy was submerged for an undetermined amount of time.

[ORIGINAL STORY: Child found in south Phoenix pool rushed to hospital]

While there is a backyard fence, there doesn't appear to be an interior fence with a latched gate surrounding the pool.

We've reached out to the City of Phoenix to find out if the home is in compliance with its pool barriers code, but do not have an answer yet.

According to the City's Pool Barriers Requirement, "If the pool was permitted prior to May 4, 1990, the ordinance provides an exception to require retroactive installation of inner yard barriers if children under six do not reside in or regularly visit the home."

That basically means it's legal in Phoenix to not have a fence with a self-latching gate surrounding your pool if the kids living with you are 6 years old or older. Those with kids 5 years old and younger must have that interior gate.

[WATCH: Could the Airbnb host be liable?]

It's not known if the homeowner knew there were young kids at the home.

Danny Giles of the Phoenix Fire Department said violations are usually found through emergencies or complaints.

If a homeowner is in violation, they get a warning. If the situation is not corrected in a certain amount of days, they can be fined or face a class 1 misdemeanor, according to Giles.

Phoenix police have not said if anyone will face charges, but the investigation is ongoing.

So, what does this mean for the homeowner and Airbnb?

We asked Marc Lamber, a lawyer with Fennemore Craig, who is not connected to this case.

"I think a lawyer who's representing a family who experiences, you know, a horrific injury like this, they'll look to bring claims against all potential parties," he said. "I think Airbnb would be in the line of fire, potentially."

An Airbnb spokesman doesn't have an official statement ready yet but said they're reaching out to both sides.

Airbnb confirmed the home has been listed on the home-sharing site since May 2019 and has 5-star reviews. The listing is no longer searchable at last check.

Airbnb also pointed out that it offers a Host Guarantee and Host Protection Insurance, each of which provide coverage up to $1 million. 

"All hosts worldwide are automatically covered [by Airbnb's Host Protection Insurance]," according to

The Host Protection Insurance is specifically for "... a lawsuit or claim against a host for bodily injury ...."

Property owner Greg Torrez didn't want to talk on camera but stated he didn't know the family and said they were a mix from in town and out of state.

Torrez also stated the family was in the pool past their checkout time.


Copyright 2019 KPHO/KTVK (KPHO Broadcasting Corporation). All rights reserved.



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