Town of Greenburgh, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greenburgh 12-14-2005 by L.L. No. 5-2005. Amendments noted where applicable.]
General References
Building, fire and plumbing — See Ch. 100.
Liability of Town — See Ch. 590.

§ 320-1 Legislative findings and intent.

The Town Board finds and declares that:
A. 
Sudden cardiac arrest claims nearly 350,000 lives per year in the United States. Sudden cardiac arrest is caused by a cardiac arrhythmia known as "ventricular fibrillation."
B. 
The only effective emergency treatment for ventricular fibrillation is defibrillation. Defibrillation involves the delivery of an electrical pulse to the heart using a medical device known as a "defibrillator."
C. 
The survival rate for sudden cardiac arrest is less than 5%, in part because of the lack of immediate lifesaving medical equipment, like defibrillators, on site. Survival rates can exceed 90% if defibrillation occurs in the first one to two minutes after the cardiac arrest.
D. 
Automated external defibrillators are medical devices which have been shown to dramatically improve survival rates for sudden cardiac arrest when they are readily available and used promptly at the scene of a cardiac arrest.
E. 
The Town has voluntarily provided automated external defibrillators in all Town buildings which provide meals or other on-site activities geared specifically to those age 55 and over to reduce the time in which defibrillation occurs and to improve the cardiac arrest survival rate.
F. 
The public health, safety and welfare of Town residents will be best served by requiring the placement and regulation of automated external defibrillators in the Town Library, the Town Hall, the Town Court, senior housing facilities, senior day-care centers, and Town buildings which provide meals or other on-site activities geared specifically to those age 55 and over, including, but not limited to, the multipurpose center and Theodore D. Young Community Center. By minimizing the time between the onset of cardiac arrest and defibrillation, deaths due to sudden cardiac arrest can be prevented.

§ 320-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AUTOMATED EXTERNAL DEFIBRILLATOR (AED)
A medical device, as defined in Article 30 of the New York State Public Health Law, approved by the United States Food and Drug Administration, that: is capable of recognizing the presence or absence, in a patient, of ventricular fibrillation and rapid ventricular tachycardia; is capable of determining, without intervention by an operator, whether defibrillation should be performed on the patient; upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient's heart; and then, upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation.
COLLABORATIVE AGREEMENT
A person, firm, organization or other entity may purchase, acquire, possess and operate an automated external defibrillator pursuant to a collaborative agreement with an emergency health care provider. The collaborative agreement shall include a written agreement and written practice protocols, and policies and procedures that shall assure compliance with § 3000 of the Public Health Law. The public access defibrillation provider shall file a copy of the collaborative agreement with the Department of Health of the State of New York and with the appropriate regional council prior to operating the automated external defibrillator.
EMERGENCY HEALTH CARE PROVIDER
A physician with knowledge and experience in the delivery of emergency cardiac care or a hospital that provides emergency cardiac care.
NATIONALLY RECOGNIZED ORGANIZATION
A national organization approved by the Department of Health of the State of New York for the purpose of training people in the use of an automated external defibrillator.
PUBLIC ACCESS DEFIBRILLATION PROVIDER
A person, firm, organization or other entity possessing or operating an automated external defibrillator pursuant to a collaborative agreement.
REGIONAL COUNCIL
The Westchester Regional Emergency Medical Services Council, also known as "the Westchester Regional EMS Council."
SENIOR DAY-CARE CENTER
A facility licensed or authorized and regulated by the State of New York Department of Social Services, Department of Health or other state agency having jurisdiction where care is specifically geared to those age 55 years and over for three or more persons, away from their own homes for less than 24 hours per day in a facility which is operated for such purposes, for more than five hours per week. The term "senior day-care center" shall include, without limitation, qualifying facilities that provide adult day health care.
SENIOR HOUSING FACILITIES
Residential care facilities geared specifically to those age 55 years and over, which include lifestyle amenities and support services or staffing to address the needs of aging residents, including health-related services.

§ 320-3 Automated external defibrillator required.

Unless otherwise preempted by state law, the following entities shall provide and maintain on site in each such facility or center an automated external defibrillator in good working order and be public access defibrillation providers in accordance with New York State Public Health Law § 3000-B and this chapter:
A. 
All senior housing facilities.
B. 
All senior day-care centers.
C. 
All Town buildings which provide meals or other on-site activities geared specifically to those age 55 and over, including, but not limited to:
(1) 
Multipurpose center.
(2) 
Theodore D. Young Community Center.
D. 
Town Library.
E. 
Town Hall.
F. 
Town Court.

§ 320-4 Standards for public access defibrillator providers.

Those entities which are public access defibrillation providers pursuant to § 320-3 shall provide a posted sign, in a conspicuous location, indicating the availability of an automated external defibrillator for emergency use and shall comply with the standards set forth in New York State Public Health Law § 3000-B and this chapter, including, but not limited to, the following:
A. 
During normal business hours, there shall be at least one staff person who has successfully completed a training course in the operation of an automated external defibrillator approved by a nationally recognized organization or the State Emergency Medical Services Council, or is a health care practitioner licensed or certified under Title VIII of the Education Law, or is a person certified under the Public Health Law acting within his or her lawful scope of practice, or is a person acting pursuant to a lawful prescription.
B. 
The public access defibrillation provider shall cause the automated external defibrillator to be maintained and tested according to applicable standards of the manufacturer and any appropriate government agency.
C. 
The public access defibrillation provider shall notify the regional council of the existence, location and type of any automated external defibrillator it possesses.
D. 
Every use of an automated external defibrillator on a patient shall be immediately reported to the appropriate local emergency medical services system, emergency communications center or emergency vehicle dispatch center as appropriate and be promptly reported to the emergency health care provider.

§ 320-5 Liability limited.

Any person, firm, organization or entity who, in accordance with the provisions of this chapter, voluntarily and without expectation of monetary compensation, renders emergency medical or first aid treatment using an automated external defibrillator, which has been made available pursuant to this chapter, to a person who is unconscious, ill or injured, and any person, firm, organization or entity that purchases or makes available an automated external defibrillator, as required by this chapter, shall be entitled to the limitation of liability provided in § 3000-A of the New York State Public Health Law.

§ 320-6 Automated external defibrillators on Town property.

A. 
Nothing contained in this chapter shall impose any duty or obligation on the Town or any employee or operator to provide assistance with an automated external defibrillator to a victim of a medical emergency on any property owned or leased by the Town.
B. 
The Chief of Police shall promulgate such rules as may be necessary for the purpose of implementing the provisions of this chapter, including but not limited to rules regarding the location of automated external defibrillators, any information regarding the use and/or maintenance of the automated external defibrillator that must accompany each automated external defibrillator and required training in the use of the automated external defibrillator.

§ 320-7 Inspections.

The Building Inspector of the Town or his or her designee or any other official of the Town shall be permitted to inspect regulated premises during business hours to ensure compliance with the provisions of this chapter.

§ 320-8 Penalties for offenses.

Any person, firm, organization or entity, governed by this chapter, who fails to comply with the provisions of this chapter shall be guilty of a violation and subject to a fine of $250 for the first violation and $500 for each and every subsequent violation.