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IH says it has power to close gyms, owner claims mixed messages

Confusion over gym closure

The owner of a North Okanagan gym says he's getting conflicting information about whether he can keep the Armstrong facility open.

On April 2, Interior Health ordered all gyms, yoga studios and similar businesses shuttered in an effort to combat the spread of COVID-19, but the province has allowed gyms to stay open.

Last Friday, Fitness 2 Life owner Peter Nenasheff was visited by an IH official and handed a fine of $345.

Nenasheff said the IH official was escorted by a police officer.

He claims no IH officials visited the gym prior to issuing the fine, and there is confusion as provincial officials advised him gyms do not have to close, but are asked to follow social-distancing guidelines.

The Armstrong facility is 7,000 square feet in size, and Nenasheff says he was only letting 10 people in at a time.

“Everybody sanitizes their hands as soon as they walk in. I am on top of them for wiping the equipment down, any handles they use to hold on to are sanitized, and before they leave the gym they sanitize their hands before they touch the door,” he said, adding proper spacing is maintained while members work out.

“I am doing everything I can to keep things correct. We are not letting any new members come in, no public is allowed. It's for members only.”

Nenasheff said he relayed that information to IH officials, and was told the province has authorized fines for non-compliance of the IH order.

“I'm not here to cause problems, but this is my livelihood and I want to keep it open for my members as much as I can. I know for some people, this is a big mental part of their life, too,” said Nenasheff.

Karl Hardt, senior communications consultant, media and government relations, tells Castanet: “The risk to the gym members outweighed the benefit of attending a gym facility.”

IH was the first health authority to issue an order specific to fitness facilities.

“IH made the decision to issue the class order to close all gyms and like businesses within our region due to the risk to the public using these facilities, several of which were still operating despite the ongoing pandemic,” Hardt said in an email.

“Medical health officers and environmental health officers across the province ... are designated the powers and authorities under the Public Health Act and a number of other pieces of legislation. They are trained in progressive compliance and enforcement.”

Hardt said they have the legal authority to take any reasonable steps necessary to protect public health, including issuing orders, tickets and initiating legal proceedings.

“MHOs and EHOs always use the least intrusive means possible to gain compliance. If an individual or business operator is non-compliant, then the officer will use a progressive enforcement approach to gain compliance with the legislation,” said Hardt.



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