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National Sport and Recreation Act, 1998 (Act No. 110 of 1998)

Fitness Industry Regulations, 2009

13. Grades of fitness establishments

 

1) A blue grade fitness establishment shall comply with the following requirements amongst others–
i) All fitness professionals of the establishment must be registered at the level of Exercise Leaders or above;
ii) All personnel of the establishment must be CPR or first aid qualified by a SAQA accredited organisation;
iii) The establishment must have available for use by the public a minimum range of equipment as contemplated in the Schedule attached hereto;
iv) he establishment shall only admit a person classified as ‘apparently healthy’ person as referred in regulation 1 after completing a screening questionnaire for assessment purposes to use its equipment and/or facilities or supervised instruction in enhancing fitness unless such a person is in possession of written permission from a registered medical practitioner to make use of its fitness facilities and services; and
v) The said establishment shall comply with the provisions of the Occupational Health and Safety Act as well as the Promotion of Equality and Prevention of Unfair Discrimination Act.

 

2) A bronze grade fitness establishment shall comply with the following requirements, amongst others–
i) At least one fitness professional of the establishment must be registered at the level of Exercise Leader or above and least one fitness professional must be in possession of an NQF level 5 National Certificate in Fitness;
ii) All personnel of the establishment must be CPR and first aid qualified by a SAQA accredited organization;
iii) The establishment must have available for use by the public a range of equipment as contemplated in the Schedule attached hereto;
iv) The establishment shall only admit a person classified as ‘apparently healthy’ person in regulation 1 after completing a screening questionnaire for assessment purposes to use its equipment and/or facilities or supervised instruction in enhancing fitness unless such a person is in possession of written permission from a registered medical practitioner to make use of its fitness facilities and services;
v) The said establishment shall comply with the provisions of the Occupational Health and Safety Act as well as the Promotion of Equality and Prevention of Unfair Discrimination Act; and
vi) A bronze grade fitness establishment is not required to offer any recreational facilities additional to those normally offered to the public in the course of its business.

 

3) A silver grade fitness establishment shall comply with following requirements amongst others–
i) At least two of fitness professionals of the establishment must be in possession of an NQF level 5 National Certificate in Fitness;
ii) All personnel of the establishment must be CPR and first aid qualified by a SAQA accredited organization;
iii) The establishment must have available for use by the public a wide range of equipment as contemplated in the Schedule attached hereto;
iv) The establishment shall have sufficiently qualified staff to supervise and monitor the use of equipment at all times and participation in programmes by all special populations as defined in regulation 1;
v) The said establishment shall comply with the provisions of the Occupational Health and Safety Act as well as the Promotion of Equality and Prevention of Unfair Discrimination Act; and
vi) A silver grade fitness establishment is required to offer a minimum of one recreational facility additional to those normally offered to the public in the course of its business.

 

4) A gold grade fitness establishment shall comply with the following requirements amongst others–
i) At least 4 fitness professionals must be in possession of a relevant NQF level 5 National Certificate in Fitness and at least one fitness professional must have a relevant NQF level 7 National Certificate in Fitness;
ii) All personnel of the establishment must be CPR and first aid qualified by a SAQA accredited organization;
iii) The establishment must have available for use by the public a wide range of equipment, including specialized equipment as contemplated in the Schedule attached hereto;
iv) The establishment shall have sufficiently qualified staff to supervise and monitor the use of equipment and participation in programmes by all special populations and by increased risk clients as defined in regulation 1;
v) The establishment shall have attained the status of "disability friendly" as defined in regulation 1;
vi) The said establishment shall comply with the provisions of the Occupational Health and Safety Act as well as the Promotion of Equality and Prevention of Unfair Discrimination Act; and
vii) A gold grade fitness establishment is required to offer a minimum of two recreational facilities additional to those normally offered to the public in the course of its business: Provided that in the event of a swimming pool and /or any other recreational facility available at the fitness establishment, it must be accessible to a person in a wheelchair.

 

5) A platinum grade fitness establishment shall comply with the following requirements amongst others–
i) At least 5 fitness professionals must be in possession of a relevant NQF level 5 National Certificate in Fitness and least two fitness professionals must have a relevant NQF level 7 National Certificate in Fitness;
ii) All fitness professionals of the establishment must be CPR and first aid qualified;
iii) The establishment must have available for use by the public a wide range of equipment, including high-tech equipment as contemplated in the Schedule attached hereto;
iv) The establishment shall have sufficiently qualified staff to supervise and monitor the use of equipment and participation in programmes by all special populations and by increased risk clients as defined in regulation 1;
v) The establishment shall have attained the status of "disability friendly" as defined in regulation 1;
vi) The establishment shall make available to clients in the establishment, access to rehabilitation programmes offered by qualified and registered personnel;
vii) The establishment shall make available to clients in the establishment, access to qualified and registered health professionals;
viii) The said establishment shall comply with the provisions of the Occupational Health and Safety Act as well as the Promotion of Equality and Prevention of Unfair Discrimination Act; and
ix) A platinum grade fitness establishment is required to offer a minimum of four recreational facilities additional to those normally offered to the public in the course of its business: Provided that in the event of a swimming pool and /or any other recreational facility available at the fitness establishment, it must be accessible to a person in a wheelchair.

 

6) Irrespective of the grade of a fitness establishment, it shall ensure that the standard quality of its equipment is properly and consistently maintained:

Provided that the Fitness Board shall have the power to inspect a fitness establishment every two years to determine its grading level including the standard quality of its equipment.

 

7) In the event of a written complaint received from a person regarding the poor quality of its equipment, a fitness establishment shall ensure that the complaint is addressed within a reasonable time after receiving such complaint:

Provided further that if the said establishment fails to address such a complaint accordingly, such a person shall have the right, subject to complying with the procedures referred to in regulation 10(1), to approach the Fitness Board for further relieve.

 

8) The Fitness Board shall subsequently have the power to make a ruling in this regard by informing the fitness establishment of its decision in writing:

Provided that in the event of non-compliance in respect of such a decision by the said establishment, any of the actions contemplated in regulations 10(2) and 17 may be taken respectively by the Fitness Board against a fitness professional, the owner/manager of a fitness establishment and/or the fitness establishment itself.