[Adopted 7-2-2004 by L.L. No. 19-2004 (Ch. 260, Art. I,
of the 1985 Code)]
A.Â
This Legislature hereby finds that defibrillators are commonly becoming
a lifesaving device used in public places.
B.Â
This Legislature further finds and determines that on April 12, 2004,
the Federal Aviation Administration (FAA) required airlines to have
automated external defibrillators on board all flights staffed by
at least one attendant. This requirement came into effect after the
FAA found that there were 64 deaths in a one-year period; and, during
that same period, where automated defibrillators were provided, they
were used 17 times, saving four lives.
C.Â
This Legislature further finds and determines that there is a proliferation
of health clubs in Suffolk County and that health club memberships
by people older than 55 years of age have more than tripled since
1987, the steepest growth of any age group according to the International
Health Racket and Sports Club Association.
D.Â
This Legislature also finds and determines that while regular exercise
decreases the lifetime risk of heart disease, the stress of exercise
can trigger cardiac arrest and that a study of 22,000 male doctors
found that the risk of dying during or immediately after exercise
was 17 times higher than at times of no exertion.
E.Â
Therefore, the purpose of this article is to require the availability
of an automated external defibrillator in each and every health club
in the County of Suffolk.
As used in this article, the following terms shall have the
meanings indicated:
A medical device, approved by the United States Food and
Drug Administration (FDA), 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 a 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.
Any commercial establishment offering instruction, training
or assistance and/or the facilities for the preservation, maintenance,
encouragement or development of physical fitness or well-being. "Health
club" as defined herein shall include, but not be limited to, health
spas, health studios, gymnasiums, weight-control studios, martial
arts and self-defense schools or any other commercial establishments
offering a similar course of physical training.
A.Â
Every health club in Suffolk County shall provide and maintain, in
good working order on site, in each facility, at least one automated
external defibrillator (AED) equipment as defined herein.
B.Â
At all hours at which such health club shall be open to the public
for business, there shall be at least one staff person who is trained
pursuant to the New York State Public Health Law § 3000-b(3)(a),
in the operation and use of an AED.
This article shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article II of the Suffolk County Sanitary Code.
Willful failure to comply with § 400-3 of this article shall constitute a violation punishable by a fine not to exceed $1,000 for each violation.
The Commissioner of the Suffolk County Department of Health
Services is hereby authorized and empowered to issue and promulgate
such rules and regulations as he or she deems necessary to implement
and carry out the provisions of this article.
This article shall apply to health clubs within the County of
Suffolk subsequent to the effective date of this article.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine via mere
resolution whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provision
of this section.
This article shall take effect on the 90th day immediately subsequent
to filing in the office of the Secretary of State.
