PRINTER'S NO. 3816
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2539
Session of
2020
INTRODUCED BY ECKER, DeLUCA, RYAN, MILLARD, GREGORY, GROVE,
WARNER, METZGAR, O'NEAL, SCHMITT, REESE, TOPPER, BERNSTINE,
SCHLEGEL CULVER, STRUZZI, HAHN, KEEFER, HERSHEY, KULIK AND
JOZWIAK, MAY 21, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 21, 2020
AN ACT
Amending the act of December 21, 1989 (P.L.672, No.87), entitled
"An act providing for the regulation of health club
contracts; and providing for further duties of the Bureau of
Consumer Protection, the Attorney General and district
attorneys," providing for emergency COVID-19 provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 21, 1989 (P.L.672, No.87),
known as the Health Club Act, is amended by adding a section to
read:
Section 14.1. Emergency COVID-19 provisions.
(a) Waivers.--
(1) The Secretary of Community and Economic Development
shall immediately issue a waiver to the Governor's 20200319
TWW COVID-19 Business Closure Order for all health clubs,
gyms and fitness centers operating in a county that the
Governor, or his agent, has designated and permitted to
reopen in "yellow" phase.
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(2) A waiver shall only be issued to a health club, gym
and fitness center as follows:
(i) The facility is limited to 50% of maximum
occupancy until the county is moved into the "green"
phase.
(ii) The facility has a documented plan for
reopening as defined in this section.
(iii) The facility has the ability to adhere to all
mitigation measures defined by the Centers for Disease
Control and Prevention, the Occupational Health and
Safety Administration and the Department of Health to
protect employees, club members and other patrons from
the spread of COVID-19.
(iv) The facility has closed any pool, sauna and
steam room until the county is moved into the "green"
phase.
(b) Documented plan for reopening.--A health club, gym and
fitness center shall produce a documented plan for reopening and
mitigating the spread of COVID-19 upon request to the Department
of Health. The plan, at a minimum, shall include:
(1) Health and safety guidelines for employees, club
members and other patrons.
(2) Necessary operational changes to adhere to
mitigation guidelines.
(3) A layout plan depicting any section closed off from
use as well as equipment and machines marked unavailable to
encourage physical distancing.
(4) A regular sanitation plan.
(5) Health and wellness checks on employees.
(6) An educational plan to be disseminated to employees,
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club members and other patrons about proper mitigation
measures.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"COVID-19." The coronavirus disease 2019, an infectious
disease caused by severe acute respiratory syndrome coronavirus
2 that was first identified during December 2019 in Wuhan,
China.
Section 2. This act shall take effect immediately.
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