[HISTORY: Adopted by the Board of Supervisors of the Township of Middle Smithfield 10-25-2018 by Ord. No. 223. Amendments noted where applicable.]
This chapter shall be known as and may be cited as "The Middle Smithfield Township Automated External Defibrillators ("AED") Ordinance."
It is the intent of the Township and the purpose of this chapter to provide for the public health, safety, and general welfare of Township residents and visitors by requiring the installation of automated external defibrillator devices within certain buildings in the Township.
The provisions of this chapter shall apply to all buildings in the Township which have an occupancy load of 50 or more persons and are newly constructed or substantially renovated after the effective date of the Middle Smithfield Township Automated External Defibrillators ("AED") Ordinance.
This chapter is not intended to, and does not, excuse any person from compliance with other Middle Smithfield Township ordinances, and Pennsylvania statutory law, and regulations, as amended from time to time. Whenever possible, this chapter should be construed and interpreted as being consistent, and not in conflict, with other Middle Smithfield Township Ordinances, and Pennsylvania statutory law, and regulations.
For the purposes of this chapter, words and terms used herein shall be interpreted as follows:
- AUTOMATED EXTERNAL DEFIBRILLATOR or AED
- A portable device that uses electric shock to restore a stable heart rhythm to an individual in cardiac arrest.
- A person having legal or equitable ownership of a building subject to the requirements of this chapter. If there is more than one such person, then owner shall mean each such person, individually and jointly.
- An individual, partnership, association, corporation, limited liability company, or organized group of persons (whether incorporated or not).
- REGULATED BUILDING
- A building in the Township which has an occupancy load of 50 or more persons and is newly constructed or substantially renovated after the effective date of the Middle Smithfield Township Automated External Defibrillators ("AED") Ordinance.
- SUBSTANTIALLY RENOVATED
- Any renovation to an existing building requiring a building permit under the Pennsylvania Uniform Construction Code, or any Township ordinance enacted thereunder.
- The Township of Middle Smithfield.
Every owner of a regulated building in the Township is required to install and maintain an AED in the building, in accordance with this chapter. Installation of AED’s in unregulated buildings is encouraged.
The Township and its Code Enforcement Officer shall be entitled to inspect all automated external defibrillator devices for operation prior to being placed in service or available for use, and on an annual basis.
Automated external defibrillator devices shall be:
Conspicuously located in plain view of the primary public entrance, with unobstructed access;
Housed in a cabinet with a clear window in the door, an audible alarm signaling the opening of a door, permanently affixed to a wall, and whose top is no more than 48 inches above the floor;
Located below a sign having a minimum area of 70 square inches and containing the letters "AED" and the universally recognizable symbol, which shall be placed no more than 60 inches, on center, above the floor;
Readily accessible and immediately available when needed for on-site employees and the general public, including disabled persons;
Placed near the main elevator(s) on the first floor and every consecutive floor. If the building does not have an elevator, automated external defibrillators will be placed in area of main entrance;
Automated external defibrillators shall be located on each floor such that the maximum length of travel measured from the most remote point on a floor to any automated external defibrillators, shall not exceed 300 feet;
Automated external defibrillators shall be located on each floor such that the maximum length of travel between any two automated external defibrillators shall not exceed 600 feet.
Automated external defibrillator devices shall contain adult and pediatric pads, disposable razors, and bandage scissors. Adult living facilities shall be exempt from providing pediatric pads.
All automated external defibrillator devices shall be used in accordance with the manufacturer's guidelines.
If an automated external defibrillator device is removed for repair, a replacement shall be provided.
If there is more than one entrance or exit in the building, or if the building is multiple stories, the building owner shall place a sign.
Building owners or their tenants are encouraged to provide training to one or more on-site employees in the use of AED devices, so that there is an individual present on-site during regular business hours capable of operating the AED device in the event of a medical emergency.
All AED installations shall be subject to inspection by the Township and its Code Enforcement Officer(s).
The Township Board of Supervisors may establish, by resolution, a program for inspection of AED devices, including the assessment of fees upon owners of regulated buildings required to install and maintain AEDs in order to fund the costs of the inspection program.
The administrator of this chapter shall be the Township Code Enforcement Officer, who shall have the responsibility and authority to administer and enforce all provisions of this chapter.
If there is reason to believe that any provision of this chapter is being violated, the Township Code Enforcement Officer may enter into the public areas of any regulated building for the purpose of inspection for ascertaining the existence of violations. In those matters where the nature of an alleged violation is such that an inspection of a nonpublic area of a regulated building is necessitated, prior arrangements shall be made with the owner or his agent to secure access thereof.
This chapter shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this chapter shall, upon conviction in a summary proceeding, pay a fine of not less than $100 nor more than $1,000 per violation, plus all court costs and reasonable attorney's fees incurred by Middle Smithfield Township in the enforcement proceedings, and/or be imprisoned to the extent allowed by law for the punishment of summary offenses. Each day or portion thereof that a violation exists or continues shall constitute a separate violation. Further, the appropriate officers or agents of Middle Smithfield Township are hereby authorized to seek equitable relief, including injunction to enforce compliance with this chapter. All fines, penalties, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid to Middle Smithfield Township for its general use.
In addition to, but not in limitation of, the provisions of Subsection A, any person who fails to comply with any portion of this chapter shall be subject to withholding of any Township new or renewal license or permit issuance, or revocation of an existing license or permit upon 30 days' advance written notice of the intent to revoke the license or permit. Any person adversely effected by any denial, or notice of revocation, of a license or permit may appeal to the Township Board of Supervisors within 30 days of the action complained of. If no appeal is timely taken, then the person's noncompliance shall be deemed conclusive. Any appeal to the Board of Supervisors shall be heard in accordance with the Pennsylvania Local Agency Law. An appeal shall act as a stay on any notice of revocation. On appeal, the Board of Supervisors shall have full and complete authority to confirm or reverse the prior action of the Township official. The Board of Supervisors is authorized to establish, by resolution, fees for any appeal. Any person successful on appeal shall have his or her fee refunded.