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Fitness Industry Regulations 20 Aug2008

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    FITNESS INDUSTRY REGULATIONS, 2009

    SPORT AND RECREATION SOUTH AFRICA

    GOVERNMENT NOTICE

    No. R________

    THE NATIONAL SPORT AND RECREATION ACT, 1998 (ACT NO. 110 OF 1998

    AS AMENDED)

    FITNESS INDUSTRY OF SOUTH AFRICA REGULATIONS, 2009

    The Minister for Sport and Recreation has under section 14 of the National Sport

    and Recreation Act, 1998 (Act No. 110 of 1998 as a ended!, and after consultation

    "ith the South African Sports #onfederation and $l% pic #o ittee, ade the

    Re&ulations in the Schedule.

    SCHEDULE

    Def ! " #!$

    1. 'n these Re&ulations a "ord or e pression to "hich a eanin&

    has )een assi&ned in the Act has that eanin& unless the contents indicate

    other"ise *

    %&'' e "&" #!* eans the accreditation )% the +itness oard of a fitness

    esta)lish ent in ter s of section 11 in co pliance "ith the criteria as referred to in

    re&ulation 1-

    %A'"* eans the National Sport and Recreation Act, 1998 (Act No. 110 of 1998 asa ended!

    +itness 'ndustr% Re&ulations/004doc A ended on / nd Septe )er

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    (f! a person "ith insulin dependant dia)etes "ho are a)o3e the a&e of 0

    %ears or "ho ha3e had it for ore than 1- %ears or

    (&! a person "ith non5insulin dependant dia)etes "ho are a)o3e the a&e of

    - %ears.

    %CPR* eans cardiopul onar% resuscitation

    % e &'' e "&" #!* eans an action as conte plated in re&ulation 18

    % $&5 " * eans a o)ilit%, intellectual or hearin& i pair ent such as cere)ral

    pals%, se3ere epileps%, a putation, spinal cord in6ur%, 3isual i pair ent, les autres

    (includin& d"ar3es or an i pair ent resultin& fro &enetic pro)le s!, intellectual

    disa)ilit% includin& a deaf person

    % $&5 " f e! * eans that a fitness esta)lish ent has co plied "ith the

    follo"in& in order to eet the needs of a person "ith a disa)ilit%7

    (a! "ith re&ard to its facilit%7

    (i! The sho"er and toilet area ust )e accessi)le for a person in a

    "heelchair in ter s of South African ureau of Standards

    (ii! 'f a pool is a3aila)le, the dec2 of the pool ust )e accessi)le for a

    person in a "heelchair and

    (iii! A person "ith an% disa)ilit% should )e a)le to train his or her full

    )od% in e3er% ode (stren&th, fle i)ilit%, cardio3ascular, etc.! at a

    fitness esta)lish ent.

    ()! "ith re&ard to its e uip ent7

    (i! A "heelchair should )e a)le to o3e freel% )et"een all the

    e uip ent of the fitness esta)lish ent

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    (ii! Sufficient e uip ent ust )e in place at the fitness esta)lish ent

    to ena)le the person "ith a disa)ilit% to train his her full )od% in all

    different odes as referred to in par. (c! (iii! a)o3e

    (iii! The said e uip ent should )e "ell ar2ed for a person "ith 3isual

    i pair ent and

    (i3! Speciali:ed e uip ent for a person "ith a disa)ilit% ust )e

    a3aila)le at the fitness esta)lish ent.

    (c! "ith re&ard to its personnel, a ualified assistant ust )e present at a fitness

    esta)lish ent to assist a person "ith a disa)ilit% at all ti e7 ;ro3ided that if

    the person "ith a disa)ilit% is acco panied )% his her personal assistant, the

    personal assistant a% assist the person "ith disa)ilit% free of char&e )ut

    ta2es o3er the responsi)ilit% of the ualified assistant of the fitness

    esta)lish ent and is full% responsi)le for the person "ith a disa)ilit%

    (d! "ith re&ard to e er&enc% procedures, sufficient procedures ust )e in place

    to assist a person "ith a disa)ilit% in the case of an e er&enc% in the fitness

    esta)lish ent and

    (e! "ith re&ard to safet% standards for disa)led persons in &eneral, a fitness

    esta)lish ent ust ha3e at least the follo"in& a3aila)le for disa)led persons7

    (i! a defi)rulator

    (ii! a fist aid 2it for disa)led persons and

    (iii! sufficient nu )er of staff that is specificall% trained to assist

    disa)led persons

    %ETD* eans education, trainin& and de3elop ent re uire ents

    %F "!e$$ 6#& * eans the +itness 'ndustr% oard of South Africa esta)lished in

    ter s of its o"n #onstitution

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    %f "!e$$ e$"&5 $/ e!"* eans7

    (a! an% esta)lish ent in "hich super3ised ph%sical acti3it% ta2es place to

    enhance fitness le3els

    ()! an% esta)lish ent that offers pro3ides ser3ices and or e uip ent for use

    )% the pu)lic for the purposes of fitness and

    (c! an% esta)lish ent that char&es a fee to persons usin& e uip ent and or

    facilities or super3ised instruction in enhancin& fitness

    7f "!e$$ - #fe$$ #!& eans an% person in the Repu)lic "ho has )een re&istered

    in ter s of these Re&ulations and perfor s acti3ities re&ulated )% the +itness oard

    in ter s of pu)lished scopes of practices

    % !' e&$e $4* eans in relation to an% person, a person "ho has si&ns or

    s% pto s of possi)le cardiopul onar% or eta)olic diseases and or at least t"o

    coronar% ris2 factors

    %4!# ! $e&$e* eans in relation to an% person, a person "ith a 2no"n cardiac,

    pul onar% or eta)olic disease and chronic diseases of lifest%le

    % $" !:* eans the listin& of a fitness professional as referred to in re&ulation /(1!

    of these Re&ulations

    %M ! $"e * eans the Minister responsi)le for Sport and Recreation South Africa

    %!&" #!& f "!e$$ # :&! ;&" #!* eans an or&ani:ation re&istered "ith the Sports

    #onfederation possessin& a national e )ership and )ein& constituted for the

    purposes of pro otin& fitness

    %N

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    Re: $" &" #! #f f "!e$$ - #fe$$ #!& $

    /.(1! No person shall practice as a fitness professional as defined )% the

    rolls pu)lished annuall% )% the +itness oard unless he or she7

    (a! has applied in "ritin& "ithin onths after the pro ul&ation of these

    re&ulations to the +itness oard to )e listed on the said rolls and

    ()! is re&istered in "ritin& )% the +itness oard in ter s of these

    Re&ulations "ithin / %ears after the pro ul&ation of these Re&ulations

    as a fitness professional.

    (/! An% person "ho intends to )e re&istered as a fitness professional in

    ter s of these Re&ulations shall appl% to the +itness oard in "ritin& and shall

    su) it the certified ualification "hich, in his or her su) ission, entitles hi or her to

    such re&istration, to&ether "ith such proof of his or her identit% and of the

    authenticit% and 3alidit% of the ualification su) itted, as a% )e re uired )% the

    +itness oard.

    ( ! 'f the +itness oard is satisfied that the ualification and the other

    docu ents su) itted in support of the application co pl% "ith the re uire ents of

    these Re&ulations, it shall, upon pa% ent of the prescri)ed fee, cause the necessar%

    entr% to )e ade in the re&ister and shall thereupon issue a re&istration certificate

    authori:in& the applicant, su)6ect to the pro3isions of these Re&ulations or an% other

    la", to practice the profession of a fitness professional "ithin the stipulated scope of

    practice.

    (4! A fitness professional shall at all ti es conduct hi self or herself in

    accordance "ith the pro3isions of the code of conduct as deter ined )% the +itness

    oard fro ti e to ti e7 ;ro3ided that the +itness oard a%, su)6ect to the

    co pliance "ith the ;ro otion of Ad inistrati3e @ustice Act, cancel or suspend such

    re&istration if it dee s it appropriate.

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    Re: $"e $ #f f "!e$$ - #fe$$ #!& $

    . The +itness oard shall 2eep separate re&isters in respect of 3arious

    rolls of fitness professionals and shall enter in the appropriate re&ister the prescri)ed

    particulars of e3er% person "hose application is &ranted in ter s of re&ulation /( !.

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    (a! he or she possesses professional 2no"led&e and a)ilit% of a standard

    not lo"er than prescri)ed in respect of fitness professionals in the

    Repu)lic

    ()! he or she is con3ersant "ith the la"s of the Repu)lic re&ardin& the

    fitness practice in the area or areas deter ined )% the +itness oard

    and

    (c! he or she fulfils an% further conditions deter ined )% the +itness

    oard.

    Re: $" &" #! fee$

    .(1! The Minister a% on the reco endation of the +itness oard at an%

    ti e )% notice in the o3ern ent a:ette deter ine the fee to )e paid annuall% to

    the +itness oard )% a fitness professional.

    (/! ?ifferent fees a% )e fi ed in respect of different cate&ories of fitness

    professionals.

    Ref+$& #f e: $" &" #!

    8. Not"ithstandin& an% pro3ision to the contrar% in these Re&ulations, the

    +itness oard a%, su)6ect to the ;ro otion of Ad inistrati3e of @ustice Act referred

    to a)o3e, refuse to re&ister an% person as referred to re&ulation /( ! or to re o3e

    the na e of an% person to the re&ister if, in the opinion of the +itness oard, such

    person is )% reason of a con3iction, in the Repu)lic or else"here, of a prescri)ed

    offence, not fit to practise as a fitness professional.

    E - # e!" #f f "!e$$ - #fe$$ #!& $

    9.(1! No person shall e plo% an% other person to perfor the "or2 of a

    fitness professional unless such other person is re&istered in ter s of re&ulation /( !a)o3e.

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    (/! The prohi)ition in su)re&ulation (1! shall not appl% in respect of a

    student fitness professional re&istered "ith an accredited education and trainin&

    pro3ider as defined in the South African >ualifications Authorit% Act, 199- (Act No -8

    of 199-! if the act in uestion is perfor ed for purposes of his or her trainin& in the

    fitness practice and is super3ised )% a re&istered fitness professional.

    (/! Nothin& contained in su)re&ulation (/! shall )e construed as

    prohi)itin& the education and trainin& of an% student in the fitness practice, or the

    e plo% ent of an% student fitness professional in an accredited fitness

    esta)lish ent.

    D $' - !& &'" #! &:& !$" f "!e$$ - #fe$$ #!& $ &! # !e $= &!&:e $

    10.(1! $f its o"n initiati3e or )% su) ission fro an% person, the +itness

    oard a% con3ene a disciplinar% panel to consider the conduct of a re&istered

    fitness professional and or an o"ner ana&er7 ;ro3ided that in the e3ent of a

    co plaint )% a person5

    (a! the su) ission to the +itness oard ust )e in "ritin& "ithin a ti e

    fra e of thirt% ( 0! da%s after the cause of the co plaint has arisen

    ()! such a person ust confir his her "illin&ness in "ritin& to5

    (i! testif% at the said disciplinar% hearin&, if necessar%

    (ii! su) it an% supportin& e3idence to the +itness oard in order to

    su)stantiate the said co plaint and

    (iii! identif% other persons that can assist in the corro)oration of the

    said co plaint.

    (/! 'f the +itness oard is of the opinion that a fitness professionaland or an o"ner ana&er has contra3ened the code of conduct for a fitness

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    professional and or an o"ner ana&er, the +itness oard a% i pose an

    appropriate sanction, "hich a% include the follo"in& a on&st others7

    (a! a "ritten "arnin& to the fitness professional and or an

    o"ner ana&er

    ()! a fine not e ceedin& R10 000 pa%a)le )% the said fitness

    professional and or o"ner ana&er

    (c! in the case of a fitness professional5

    (i! a suspension fro the fitness professional re&ister for a

    period of ti e as specified )% the +itness oard in "ritin&

    (ii! the re o3al of such a fitness professional fro the fitness

    professional re&ister

    (d! in the case of an o"ner ana&er of a fitness esta)lish ent5

    (i! a suspension of such o"ner ana&er fro the fitness

    esta)lish ent for a period of ti e as specified )% the +itness

    oard in "ritin& or

    (ii) a notification to such o"ner ana&er in "ritin& of an%

    decision ta2en )% the +itness oard in ter s of re&ulation

    1 .

    A'' e "&" #! &$ f "!e$$ e$"&5 $/ e!"

    11.(1! A fitness esta)lish ent shall not conduct )usiness as a fitness

    esta)lish ent unless7

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    (a! it has applied in "ritin& to the +itness oard "ithin a period not

    e ceedin& onths after the pro ul&ation of these Re&ulations for

    the listin& of such an esta)lish ent

    ()! it is accredited )% the +itness oard in "ritin& "ithin a period not

    e ceedin& t"o %ears after the pro ul&ation of the Re&ulations and

    (c! it has co plied "ith the pro3isions of the $ccupational Bealth and

    Safet% Act as "ell as the ;ro otion of C ualit% and ;re3ention of

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    as "ell as the $ccupational Bealth and Safet% Act.

    Ref+$& #f &'' e "&" #!

    1/. An% fitness esta)lish ent that, in the opinion of the +itness oard,

    does not co pl% "ith the criteria for accreditation as prescri)ed )% the +itness oard

    fro ti e to ti e, a% )e refused accreditation )% the +itness oard7 ;ro3ided that

    the +itness oard a% su)6ect to the co pliance "ith the said ;ro otion of

    Ad inistrati3e @ustice Act, cancel or suspend such re&istration if it dee s it

    appropriate.

    G & e$ #f f "!e$$ e$"&5 $/ e!"$

    1 .(1! A )lue &rade fitness esta)lish ent shall co pl% "ith the follo"in&

    re uire ents a on&st others7

    (i! All fitness professionals of the esta)lish ent ust )e

    re&istered at the le3el of C ercise Deaders or a)o3e

    (ii! All personnel of the esta)lish ent ust )e #;R or first

    aid ualified )% a SA>A accredited or&ani:ation

    (iii! The esta)lish ent ust ha3e a3aila)le for use )% the

    pu)lic a ini u ran&e of e uip ent as conte plated in

    the Schedule attached hereto

    (i3! The esta)lish ent shall onl% ad it a person classified as

    Eapparentl% health%F person as referred in re&ulation 1

    after co pletin& a screenin& uestionnaire for

    assess ent purposes to use its e uip ent and or

    facilities or super3ised instruction in enhancin& fitness

    unless such a person is in possession of "ritten

    per ission fro a re&istered edical practitioner to a2euse of its fitness facilities and ser3ices and

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    ;ro otion of C ualit% and ;re3ention of

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    (4! A &old &rade fitness esta)lish ent shall co pl% "ith the follo"in&

    re uire ents a on&st others7

    (i! At least 4 fitness professionals ust )e in possession of a

    rele3ant N>+ le3el - National #ertificate in +itness and at least

    one fitness professional ust ha3e a rele3ant N>+ le3el

    National #ertificate in +itness

    (ii! All personnel of the esta)lish ent ust )e #;R and first aid

    ualified )% a SA>A accredited or&ani:ation

    (iii! The esta)lish ent ust ha3e a3aila)le for use )% the pu)lic a

    "ide ran&e of e uip ent, includin& speciali:ed e uip ent as

    conte plated in the Schedule attached hereto

    (i3! The esta)lish ent shall ha3e sufficientl% ualified staff to

    super3ise and onitor the use of e uip ent and participation in

    pro&ra es )% all special populations and )% increased ris2

    clients as defined in re&ulation 1

    (3! The esta)lish ent shall ha3e attained the status of =disa)ilit%

    friendl%G as defined in re&ulation 1

    (3i! The said esta)lish ent shall co pl% "ith the pro3isions of the

    $ccupational Bealth and Safet% Act as "ell as the ;ro otion of

    C ualit% and ;re3ention of

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    (-! A platinu &rade fitness esta)lish ent shall co pl% "ith the

    follo"in& re uire ents a on&st others7

    (i! At least - fitness professionals ust )e in possession of a

    rele3ant N>+ le3el - National #ertificate in +itness and least t"o

    fitness professionals ust ha3e a rele3ant N>+ le3el National

    #ertificate in +itness

    (ii! All fitness professionals of the esta)lish ent ust )e #;R and

    first aid ualified

    (iii! The esta)lish ent ust ha3e a3aila)le for use )% the pu)lic a

    "ide ran&e of e uip ent, includin& hi&h5tech e uip ent as

    conte plated in the Schedule attached hereto

    (i3! The esta)lish ent shall ha3e sufficientl% ualified staff to

    super3ise and onitor the use of e uip ent and participation in

    pro&ra es )% all special populations and )% increased ris2

    clients as defined in re&ulation 1

    (3! The esta)lish ent shall ha3e attained the status of =disa)ilit%

    friendl%G as defined in re&ulation 1

    (3i! The esta)lish ent shall a2e a3aila)le to clients in the

    esta)lish ent, access to reha)ilitation pro&ra es offered )%

    ualified and re&istered personnel

    (3ii! The esta)lish ent shall a2e a3aila)le to clients in the

    esta)lish ent, access to ualified and re&istered health

    professionals

    (3iii! The said esta)lish ent shall co pl% "ith the pro3isions of the

    $ccupational Bealth and Safet% Act as "ell as the ;ro otion of C ualit% and ;re3ention of

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    (i ! A platinu &rade fitness esta)lish ent is re uired to offer a

    ini u of four recreational facilities additional to those nor all%

    offered to the pu)lic in the course of its )usiness7 ;ro3ided that in

    the e3ent of a s"i in& pool and or an% other recreational

    facilit% a3aila)le at the fitness esta)lish ent, it ust )e accessi)le

    to a person in a "heelchair.

    ( ! 'rrespecti3e of the &rade of a fitness esta)lish ent, it shall ensure that

    the standard ualit% of its e uip ent is properl% and consistentl% aintained7

    ;ro3ided that the +itness oard shall ha3e the po"er to inspect a fitness

    esta)lish ent e3er% t"o %ears to deter ine its &radin& le3el includin& the standard

    ualit% of its e uip ent.

    ( ! 'n the e3ent of a "ritten co plaint recei3ed fro a person re&ardin&

    the poor ualit% of its e uip ent, a fitness esta)lish ent shall ensure that the

    co plaint is addressed "ithin a reasona)le ti e after recei3in& such co plaint7

    ;ro3ided further that if the said esta)lish ent fails to address such a co plaint

    accordin&l%, such a person shall ha3e the ri&ht, su)6ect to co pl%in& "ith the

    procedures referred to in re&ulation 10(1!, to approach the +itness oard for further

    relie3e.

    (8! The +itness oard shall su)se uentl% ha3e the po"er to a2e a

    rulin& in this re&ard )% infor in& the fitness esta)lish ent of its decision in "ritin&7

    ;ro3ided that in the e3ent of non5co pliance in respect of such a decision )% the

    said esta)lish ent, an% of the actions conte plated in re&ulations 10(/! and 1

    a% )e ta2en respecti3el% )% the +itness oard a&ainst a fitness professional, the

    o"ner ana&er of a fitness esta)lish ent and or the fitness esta)lish ent itself.

    D&"&5&$e #f &'' e "e f "!e$$ e$"&5 $/ e!"$

    14.(1! The +itness oard shall 2eep a data)ase of accredited fitnessesta)lish ents classified accordin& to their &rade of accreditation

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    (/! The +itness oard shall a2e this data)ase a3aila)le annuall%

    3ia a pu)lication in the o3ern ent a:ette and or the fitness industr% appropriate

    co unication to e )ers of the pu)lic if re uested to do so in "ritin& )ut su)6ect

    to the pro3isions of the said ;ro otion of Access to 'nfor ation Act.

    Pe # #f &'' e "&" #!

    1 . An% fitness esta)lish ent accredited )% the +itness oard shall )e

    entitled to operate as a fitness esta)lish ent, onl% for the period or periods

    deter ined )% the +itness oard in "ritin&, durin& "hich period the esta)lish entshall satisf% the +itness oard that all conditions as deter ined )% the +itness oard

    fro ti e to ti e ha3e )een et.

    E?" !& &+ "

    1 . Not"ithstandin& the a)o3e, the +itness oard a% of its o"n initiati3e

    con3ene an e traordinar% audit of a fitness esta)lish ent that has )een accredited

    and &raded in ter s of re&ulation 10(/!.

    De &'' e "&" #! #f &! #"/e $&!'" #!$ &:& !$" f "!e$$ e$"&5 $/ e!"

    18. 'f the +itness oard is of the opinion that the fitness esta)lish ent has

    contra3ened its conditions of accreditation as deter ined )% it fro ti e to ti e, the

    +itness oard a% i pose an appropriate sanction of one or all of the follo"in&,

    a on&st others7

    (a! a "ritten "arnin& to the fitness esta)lish ent

    ()! a fine not e ceedin& R80 000 pa%a)le )% the fitness esta)lish ent

    (c! a suspension of the accreditation of the fitness esta)lish ent for a

    period of ti e as specified )% the +itness oard in "ritin&

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    (d! the de5accreditation of the said esta)lish ent )% stipulatin& in "ritin&

    that de5accredited fitness esta)lish ent 5

    (i! ust )e closed do"n and

    (ii! a% not carr% on an% of its for er acti3ities as an

    accredited fitness esta)lish ent in such de5accredited

    state as fro a date deter ined )% the +itness oard in

    "ritin&

    7;ro3ided that if such a de5accredited esta)lish ent fails to co pl%

    "ith a stipulation as referred to in su)para&raph (i! and (ii! a)o3e, it

    shall co it an offence that is punisha)le )% la" and

    (e! the do"n5&radin& of the fitness esta)lish ent to a le3el as deter ined

    )% the +itness oard in "ritin&.

    Ce$$ #! #f &'' e "&" #!

    19. A fitness esta)lish ent that has )een accredited in ter s of re&ulation 11,

    shall not )e entitled to cede its accreditation to another fitness esta)lish ent unless

    such cession has )een appro3ed )% the +itness oard in "ritin&.

    A'' e "&" #! fee$

    /0.(1! The Minister a%, on the reco endation of the +itness oard, at an%

    ti e )% notice in the Government Gazette fi a fee to )e paid )% a fitness

    esta)lish ent to the +itness oard for the process of accreditation.

    (/! The Minister a%, on the reco endation of the +itness oard at an%

    ti e )% notice in the Government Gazette fi a fee to )e paid )% a fitness

    esta)lish ent for the annual retention of accreditation )% the esta)lish ent.

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    ( ! ?ifferent fees a% )e fi ed in respect of different &rades of fitness

    esta)lish ent.

    F& + e "# '# -

    /1. Not"ithstandin& the pro3isions of re&ulation 1 , an% fitness

    esta)lish ent that fails to co pl% "ith an% pro3ision of these Re&ulations shall )e

    &uilt% of an offence and on con3iction )e lia)le to a fine not e ceedin& R 80 000.

    D $-+"e e$# +" #! &! &--e& $

    //.(1! An% dispute arisin& fro an% atter pertainin& to these Re&ulations

    ust )e dealt "ith in accordance "ith section 1 of the Act.

    (/! An% person "ho is a&&rie3ed )% a decision or, "here applica)le, the

    ter s and conditions attri)uta)le to such a decision, ta2en in ter s of these

    Re&ulations a%, "ithin a period of se3en ( ! da%s after ser3ice of the notification of

    the rele3ant decision, appeal to the SRSA

    ( ! 'n addition to the pro3isions contained in su)5re&ulation 1, SRSA a%

    also7

    (a! hear and decide on an% dispute arisin& in ter s of these

    Re&ulations as conte plated in ter s of section 1 of the

    National Sport and Recreation Act as referred to a)o3e

    ()! confir or set aside an% sanction i posed in ter s of these

    Re&ulations

    (c! a% in the place of an% sanction so set aside, i pose an%

    sanction "hich in its opinion should and could la"full% ha3e

    )een i posed.

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    (4! An% person lod&in& an appeal or referrin& a dispute to SRSA as

    conte plated in these Re&ulations, shall do so, in "ritin&, "ithin the ti e fra es

    pro3ided for in ter s of these Re&ulations and the &rounds of appeal or )ac2&round

    details surroundin& the referred dispute ust set out full% and clearl% the &rounds of

    appeal or )asis of the referred dispute, as "ell as an% le&al representations and

    ar&u ents "hich the appellant or person referrin& the dispute )elie3es a% )e

    rele3ant to the atter.

    (-! An% part% in3ol3ed in the prosecution of an appeal or hearin& of a

    dispute, shall )e entitled to )e represented )% a person of his or her o"n choice.

    ( ! The nor al &enerall% accepted rules and procedures of ad inistrati3e

    la" and natural 6ustice shall appl% to the prosecution of appeals or the hearin& of

    disputes as conte plated in these Re&ulations.

    T &!$ " #!& - # $ #!$

    / .(1! An applicant that has, prior to the pro ul&ation of these Re&ulations,

    ne3er )efore applied to )e re&istered as a fitness professional, shall )e entitled to

    appl% to the +itness oard for such a ne" re&istration su)6ect to co pl%in& "ith the

    ter s and conditions as set out hereunder and or an% other re uire ent that the

    +itness oard a% deter ine fro ti e to ti e.

    (/! The +itness oard shall, onl% insofar as such a ne" application is

    concerned, )e co pelled to re&ister such a ne" applicant as fitness professional at

    the le3el as deter ined )% the +itness oard fro ti e to ti e, su)6ect to the

    follo"in&7

    (i! the said ne" application ust )e in "ritin&

    (ii! the application in uestion ust confor to the pro3isions of

    re&ulation / (/! and ( ! and

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    (iii! the application ust )e recei3ed )% the +itness oard not later than a

    period of / %ears after the date of co ence ent of the

    pro ul&ation of these Re&ulations7 ;ro3ided that the transitional

    pro3isions as conte plated in this re&ulation shall )e auto aticall%

    repealed after the period as referred to in su)re&ulation (/!(iii! has

    lapsed.

    S/# " " " e &! '# e!'e e!"

    /4.(1! These Re&ulations are called the +itness 'ndustr% of South Africa

    Re&ulations, /009.

    (/! ?ifferent dates for the co ence ent of different re&ulations

    contained in these re&ulations a% )e deter ined fro ti e to ti e.

    +itness 'ndustr% Re&ulations /004 doc A ended on / th Au&ust /00-

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    6 #!;e f "!e$$ e$"&5 $/ e!"$@

    A )ron:e fitness esta)lish ent ust at least ha3e the follo"in& e uip ent a3aila)le7

    All the re uire ents for all odes of e uip ent at the )lue &radin& le3el ust )e

    co plied "ith

    Specialised e uip ent in at least one cardio 3ascular ode of e uip ent (e.&.

    c%cle la) "ill ha3e ore ad3anced c%cles than c%cles found at the )lue le3el.

    Also the nu )er of c%cles "ill )e ore than at the )lue le3el! ust )e a3aila)le

    and

    At least one cardio 3ascular ode of e uip ent and the a)ilit% to train the "hole

    )od% usin& one class of e uip ent ust )e a3aila)le.

    S e f "!e$$ e$"&5 $/ e!"$@

    A sil3er fitness esta)lish ent ust at least ha3e the follo"in& e uip ent a3aila)le7

    All the re uire ents for all odes of e uip ent at the )ron:e &radin& le3el ust

    )e co plied "ith

    At least t"o cardio 3ascular odes of e uip ent ust )e a3aila)le and

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    ust )e clearl% ar2ed for a person "ith a 3isual i pair ent.

    P &" !+ f "!e$$ e$"&5 $/ e!"$@

    A platinu fitness esta)lish ent ust at least ha3e the follo"in& e uip enta3aila)le7

    All the re uire ents for all odes of e uip ent at the &old &radin& le3els ust

    )e co plied "ith

    At least four cardio 3ascular odes of e uip ent, upper and lo"er )od%

    achines, free5"ei&hts and sta)ili:in& e uip ent such as s"iss )alls ust )e

    a3aila)le as stren&thenin& and conditionin& odes of e uip ent.

    Speciali:ed e uip ent for a person "ith a disa)ilit% ust )e a3aila)le7 ;ro3ided

    that a "heelchair should )e a)le to o3e freel% )et"een all the e uip ent of the

    esta)lish ent7 ;ro3ided further that the said e uip ent5

    ust ena)le a person "ith a disa)ilit% to train his her full )od% in all

    different odes of e uip ent as referred to par. A and of the

    Schedule and

    ust )e clearl% ar2ed for a person "ith a 3isual i pair ent.

    26


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