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

Fitness Industry Regulations, 2009

1. Definitions

Purchase

In these Regulations a word or expression to which a meaning has been assigned in the Act has that meaning unless the contents indicate otherwise –

"accreditation"

means the accreditation by the Fitness Board of a fitness establishment in terms of section 11 in compliance with the criteria as referred to in regulation 15;

"Act"

means the National Sport and Recreation Act, 1998 (Act No. 110 of 1998 as amended);

"annual fee"

means the fee payable on an annual basis as contemplated in terms of regulation 7(1);

"apparently healthy"

means in relation to any person, a person who is a symptomatic and with no more than one coronary risk factor;

"cardio-vascular mode of equipment"

means heart, vascular and respiratory equipment (e. g. treadmills, stationery cycles, arm ergometers and stepping machines) that train the heart and lungs–

a)	involving large muscle groups; and

b)	are rhythmic and aerobic by nature.

"coronary risk factor"

means any major risk factor for a heart attack that may include any of the following amongst others:

a)	in the case of men, above the age of 45 years and in the case of women above 55 years;

b)	a family history of Myocardial infarction (heart attack) or sudden death-

i)	before the age of 55 years in respect of a father or other male first degree relative, or

ii)	before 65 years in mother or other female first degree relative;

c)	cigarette smoking;

d)	sedentary lifestyle or inactivity;

e)	a person with high cholesterol above 5.0 mmol/l;

f)	a person with insulin dependant diabetes who are above the age of 30 years or who have had it for more than 15 years; or

g)	a person with non-insulin dependant diabetes who are above the age of 35 years.

"CPR"

means cardiopulmonary resuscitation;

"de-accreditation"

means an action as contemplated in regulation 18;

"disability"

means a mobility, intellectual or hearing impairment such as cerebral palsy, severe epilepsy, amputation, spinal cord injury, visual impairment, les autres (including dwarves or an impairment resulting from genetic problems), intellectual disability including a deaf person;

"disability friendly"

means that a fitness establishment has complied with the following in order to meet the needs of a person with a disability:

a)	with regard to its facility:

i)	The shower and toilet area must be accessible for a person in a wheelchair in terms of South African Bureau of Standards;

ii)	If a pool is available, the deck of the pool must be accessible for a person in a wheelchair; and

iii)	A person with any disability should be able to train his or her full body in every mode (strength, flexibility, cardiovascular, etc.) at a fitness establishment.

b)	with regard to its equipment:

i)	A wheelchair should be able to move freely between all the equipment of the fitness establishment;

ii)	Sufficient equipment must be in place at the fitness establishment to enable the person with a disability to train his/her full body in all different modes as referred to in par. (c) (iii) above;

iii)	The said equipment should be well marked for a person with visual impairment; and

iv)	Specialized equipment for a person with a disability must be available at the fitness establishment.

with regard to its personnel, a qualified assistant must be present at a fitness establishment to assist a person with a disability at all time: Provided that if the person with a disability is accompanied by his/her personal assistant, the personal assistant may assist the person with disability free of charge but takes over the responsibility of the qualified assistant of the fitness establishment and is fully responsible for the person with a disability;

d)	with regard to emergency procedures, sufficient procedures must be in place to assist a person with a disability in the case of an emergency in the fitness establishment; and

e)	with regard to safety standards for disabled persons in general, a fitness establishment must have at least the following available for disabled persons:

i)	a defibrulator;

ii)	a fist aid kit for disabled persons; and

iii)	sufficient number of staff that is specifically trained to assist disabled persons;

"ETD"

means education, training and development requirements;

"Fitness Board"

means the Fitness Industry Board of South Africa established in terms of its own Constitution;

"fitness establishment"

means:

a)	any establishment in which supervised physical activity takes place to enhance fitness levels;

b)	any establishment that offers/provides services and/or equipment for use by the public for the purposes of fitness; and

c)	any establishment that charges a fee to persons using equipment and/or facilities or supervised instruction in enhancing fitness;

"fitness professional"

means any person in the Republic who has been registered in terms of these Regulations and performs activities regulated by the Fitness Board in terms of published scopes of practices;

"increased risk"

means in relation to any person, a person who has signs or symptoms of possible cardiopulmonary or metabolic diseases and/or at least two coronary risk factors;

"known disease"

means in relation to any person, a person with a known cardiac, pulmonary or metabolic disease and chronic diseases of lifestyle;

"listing"

means the listing of a fitness professional as referred to in regulation 2(1) of these Regulations;

"Minister"

means the Minister responsible for Sport and Recreation South Africa;

"national fitness organization"

means an organisation registered with the Sports Confederation possessing a national membership and being constituted for the purposes of promoting fitness;

"NQF"

means the national qualifications framework;

"Occupational Health and Safety Act"

means Act No. 85 of 1993;

"owner/manager"

means the owner/manager of a fitness establishment;

"Promotion of Access to Information Act"

means Act No. 2 of 2000;

"Promotion of Administrative Justice Act"

means Act No. 3 of 2000;

"Promotion of Equality and Prevention of Unfair Discrimination Act"

means Act No. 4 of 2000;

"person"

means any natural person;

"personnel"

means fitness professionals registered with the Fitness Board and which are employed as staff at an accredited fitness establishment in terms of these Regulations;

"prescribe"

means prescribed by regulation;

"qualified assistant"

means a person referred to in the definition of "disability friendly" under the personnel of the fitness establishment, having successfully completed the SRF 31-Unit Standard level 5 / 5 credits that includes persons with disabilities in sport, recreation and fitness activities) or any equivalent qualification;

"Sports Confederation"

means the Sports Confederation as contemplated in terms of the definitions of the Act;

"SAQA"

means the South African Qualification Authority;

"SRSA"

means Sport and Recreation South Africa, the national Department responsible for sport and recreation in the Republic;

"specialized equipment"

means any available specialised equipment at a fitness establishment for specific tasks, amongst others.