[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:
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).
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.
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.
A.Â
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.
B.Â
Automated external defibrillator devices shall be:
(1)Â
Conspicuously located in plain view of the primary public entrance,
with unobstructed access;
(2)Â
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;
(3)Â
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;
(4)Â
Readily accessible and immediately available when needed for on-site
employees and the general public, including disabled persons;
(5)Â
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;
(6)Â
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;
(7)Â
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.
C.Â
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.
D.Â
All automated external defibrillator devices shall be used in accordance
with the manufacturer's guidelines.
F.Â
If an automated external defibrillator device is removed for repair,
a replacement shall be provided.
G.Â
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.
H.Â
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.
A.Â
All AED installations shall be subject to inspection by the Township
and its Code Enforcement Officer(s).
B.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
