Current through Register Vol. 48, No. 12, March 22, 2024
a) For
the purposes of this Part, the term "physical fitness facility" or "facility"
includes any indoor establishment that meets all of the following requirements:
1) In whole or in part, is owned or operated
by a park district, municipality, orother unit of local government, including a
home rule unit, or by a public or private elementary or secondary school,
college, university, or technical or trade school.
2) Is supervised by one or more persons,
other than maintenance or security personnel, employed by the unit of local
government, school, college, or university for the purpose of directly
supervising the physical fitness activitiestaking place at any of the
facilities listed in subsection (a)(3). (Section 5.25 of the Act)
3) Includes, but is not limited to, the
following indoor facilities: a swimmingpool; stadium; athletic field; football
stadium; soccer field; baseball diamond; track and field facility; tennis
court; basketball court; volleyball court; aerobics studio; dance studio;
boxing gym; martial-arts or self-defense studio; wrestling gym; weight-lifting
facility; treadmill or stationary bicycle facility; velodrome; racquetball
court; gymnastics facility; or any other indoor establishment focusing
primarily on cardiovascular exertion where participants engage in relatively
continuous active physical exercise that uses large muscle groups and that
substantially increases the heart rate. (Section 5.25 of the Act)
b) For the purposes of this Part,
"physical fitness facility" or "facility" includes any of the following outdoor
facilities that is:
1) Owned by a
municipality, township or other unit of local government, including a home rule
unit, or by a public or private elementary school or secondary school, college,
university, or technical or trade school; and
2) Is supervised by one or more persons,
other than maintenance or security personnel, employed by the unit of local
government, school, college, or university for the purpose of directly
supervising the physical fitness activities taking place at any of these
facilities: a swimming pool; athletic field; football stadium; soccer field;
baseball diamond; track and field facility; tennis court; basketball court;
volleyball court; golf course; or any other outdoor establishment focusing
primarily on cardiovascular exertion where participants engage in relatively
continuous active physical exercise that uses large muscle groups and that
substantially increases the heart rate. (Section 5.25 of the Act)
c) Except as provided in
subsection (d) of this Section, a physical fitness facility also includes any
other indoor or outdoor establishment, whether public or private, that provides
services or facilities focusing on cardiovascular exertion or gaming. (Section
5.25 of the Act)
d) For the
purposes of this Part, the term "physical fitness facility" or "facility" does
not include:
1) A facility that serves fewer
than 100 individual participants over the course of a calendar year. For
purposes of the Act and this Part, "individuals" includes only those persons
actively engaged in physical exercise that uses large muscle groups and that
substantially increases the heart rate. (Section 5.25 of the Act) A facility
relying on this subsection (d)(1) shall maintain adequate documentation for
every year that the facility relies on this subsection. Such documentation
shall be preserved by the facility for not less than three years and be
provided to the Department upon request;
2) Any outdoor facility owned or operated by
a park district organized under the Park District Code, the Chicago Park
District Act, or the Metro-East Park and Recreation District Act;
3) Any facility owned or operated by a forest
preserve district organized under the Downstate Forest Preserve District Act or
the Cook County Forest Preserve District Act or a conservation district
organized under the Conservation District Act;
4) A facility located in a hospital or in a
hotel or motel;
5) Any facility
that does not employ any persons to provide instruction, training, coaching,
refereeing, judging, or assistance for persons using the facility (Section 5.25
of the Act);
6) Yoga studios;
driving ranges; bowling lanes; putting greens; batting cages; or other
facilities where and when participants do not focus primarily on cardiovascular
exertion by engaging in active physical exercise that uses large muscle groups
and that substantially increases the heart rate;
7) Any facility during any activity or
program organized by a private or not-for-profit organization and organized and
supervised by a person or persons other than the employees of the unit of local
government, school, college, or university. (Section 5.25 of the Act)