ut-20260915-R152-23: R152-23. Fitness Center Services Protection Act Rule

1. Agency Information

Title catchline: Commerce, Consumer Protection Building: Heber Wells Building Street address: 160 E 300 S City, state: Salt Lake City, UT Mailing address: PO Box 146704 City, state and zip: Salt Lake City, UT 84114-6704

2. Contact Persons

Name: Phone: Email: Daniel Larsen 801-530-6601 dcprules@utah.gov Please address questions regarding information on this notice to the persons listed above. UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 27 NOTICES OF PROPOSED RULES

A. Rule or section catchline:

R152-23. Fitness Center Services Protection Act Rule

B. Purpose of the new rule or reason for the change:

This change is being submitted to conform this rule to updated terminology and provisions included in SB 38, passed in the 2026 General Session.

C. Summary of the new rule or change:

This change updates this rule to reflect the new name and terminology used in Title 13, Chapter 23, Fitness Center Services Protection Act. This change also updates citations, removes provisions that were based on provisions removed in the statute, and conforms this rule's structure and numbering to current Division of Consumer Protection practice. 4. Legislative Action Information

B. If yes, any bill number and SB 38 (2026 General Session)

session: 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule is not anticipated to create costs or savings to the state budget beyond what was contemplated by the fiscal note to SB 38 (2026).

B. Local governments:

This rule is not anticipated to create costs or savings to local governments because it does not impose requirements or other obligations upon local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule is not anticipated to create costs or savings to small businesses beyond what was contemplated by the fiscal note to SB 38 (2026).

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

This rule is not anticipated to create costs or savings to non-small businesses beyond what was contemplated by the fiscal note to SB 38 (2026). E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): This rule is not anticipated to create costs or savings to persons other than small businesses, non-small businesses, state, or local government entities beyond what was contemplated by the fiscal note to SB 38 (2026).

F. Compliance costs for affected persons:

This amendment does not impose new compliance costs on affected persons. 28 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES 6. Regulatory Impact Summary Table Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Cost $0 $0 $0 $0 $0 Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits $0 $0 $0 $0 $0 7. Regulatory Impact Analysis Approval The Commissioner of the Department of Commerce, Margaret Busse, has reviewed and approved this regulatory impact analysis. 8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and fo☒mation:

9. Citation Information Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement: Subsection 13-2-106(1) Subsection 13-23-104(2)(b)(iv) Subsection 13-23-104(4) 11. Public Notice Information The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until: 10/15/2026

12. Effective Date Information This rule change MAY become effective on: 10/22/2026 (NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date) 13. Agency Authorization Information Agency head or Daniel Larsen, Assistant Director Date: 08/31/2026 designee and title: R152. Commerce, Consumer Protection. R152-23. [Health Spa]Fitness Center Services ProtectionAct Rule. R152-23-101. Purpose. The purpose of this rule is to: (1) establish the process for: (a) initial registration of a [health spa]fitness center facility; (b) renewal of a [health spa]fitness center facility registration; (c) establishing a [health spa]fitness center facility surety exemption; (d) establishing a contract for [health spa]fitness center services should be excluded from surety calculation; and UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 29 NOTICES OF PROPOSED RULES (e) notifying the division of any change to an applicant's registration information. (2) aid the division's administration and enforcement of Title 13, Chapter 23, [Health Spa]Fitness Center Services ProtectionAct. R152-23-102. Authority. This rule is promulgated in accordance with Subsections 13-2-[5]106(1), 13-23-[5(1)(a)(iv)(A) through (C)]104(2)(b)(iv), and 13- 23-[5(1)(h)]104(4). R152-23-103. Definitions. As used in Subsection 13-23-[5]104(1)[(a)(i)], "operate" means: (1) to offer for sale or advertise a [health spa]fitness center service; or (2) to enter a contract for any [health spa]fitness center service. R152-23-[4]201. Application for Registration or Renewal of Registration. An application for registration or renewal of registration of a [health spa]fitness center facility shall be submitted on a form approved by the division, and include: (1) the applicant's: (a) name, and any alternate name that it uses to do business as a [health spa]fitness center facility; (b) street address; (c) mailing address; (d) telephone number, and if applicable, facsimile number; (e) email address; (f) web address, if it maintains a website; (2) a person designated by the applicant to be its contact person with whom the division will communicate regarding the application, and that person's: (a) name; (b) street address; (c) mailing address; (d) telephone number; (e) email address; (3) the applicant's registered agent for service of process in the state, and the registered agent's: (a) name; (b) street address; (c) mailing address; and (d) telephone number; (4) a copy of any contract: (a) used by the applicant in connection with the sale of a [health spa]fitness center service; (b) that is drafted in accordance with Title 13, Chapter 23, [Health Spa]Fitness Center Services ProtectionAct; (5) the number of unexpired contracts for a [health spa]fitness center service that: (a) designate the [health spa]fitness center facility as a consumer's primary location; or (b) for a [health spa]fitness center facility's first year of registration, the number of contracts for a [health spa]fitness center service designating the [health spa]fitness center facility as a consumer's primary location the applicant reasonably expects to execute; (6) a copy of the applicant's: (a) surety bond[, letter of credit,] or certificate of deposit obtained in accordance with Subsection 13-23-[5(2)]104(7) and on a form approved by the division; or (b) a surety exemption claim completed in accordance with Section R152-23-[5]202; (7) a copy of the applicant's liability insurance policy, in accordance with Subsection[s] 13-23-[5(1)(g)(i) and (ii)]104(2)(b)(iii); (8) a list of each [health spa]fitness center service or combination of [health spa]fitness center services offered by the applicant at the [health spa]fitness center facility, including the price and duration of each service or combination of services; and (9) the application fee and any applicable late fee. R152-23-[5]202. Surety Exemption Process. A[health spa]fitness center that claims a [health spa]fitness center facility or a [health spa]fitness center facility's contract is exempt from Subsections 13-23-[5(2)]104(7) through [(5)](9) shall submit a claim of exemption in the form approved by the division that shall include: (1) a statement that identifies the exemption claimed in accordance with Subsections 13-23-[6]105(1)(a) through (e); (2) the number of unexpired contracts the [health spa]fitness center claims should be excluded from surety calculation in accordance with Subsection 13-23-[6]105(3); and (3) any information necessary to prove the [health spa]fitness center facility or the [health spa]fitness center facility's contract qualifies for a claimed exemption, in accordance with Subsection 13-23-[6]105(2). R152-23-[6]203. Notification of Closure, Relocation, or Change to Information Required by RegistrationApplication. [ (1) Anotification made to the division in accordance with Subsection 13-23-5(1)(h) shall be in writing.] [(2) ]Anotification made to the division in accordance with Subsection 13-23-[5(7)]104(12) shall be in writing. 30 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES R152-23-[7]204. Contract for [Health Spa]Fitness Center Services. A statement made in accordance with Subsection 13-23-[3]102(6)(a) shall be capitalized and in bold text that is no smaller than 12- point size. KEY: consumer protection, [health spas]fitness center Date of Last Change: 2026[October 24, 2022] Notice of Continuation: November 24, 2021 Authorizing, and Implemented or Interpreted Law: 13-2-[5]106(1); 13-23-[5(1)(a)(iv)(A) through (C)]104(2)(b)(iv); 13-23- [5(1)(h)]104(4) NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: Amendment Filing ID: 58214