The purpose of this article is to protect the health of general public in the Town of Kingston by enhancing the requirements set forth in Chapter 420 of the Acts of 2006, which amends Massachusetts General Laws pertaining to requirements for automatic external defibrillators in health clubs.[1]
These rules and regulations are adopted under the authority of MGL c. 111, § 31.
As used in this article, the following terms shall have the meanings indicated:
Shall have the meaning set forth in MGL c. 112, § 12V 1/2, as may be amended.
Shall have the meaning set forth in MGL c. 93, § 78, as may be amended.
A.
Notwithstanding the provisions of Section 5 of Chapter 420 of the Acts of 2006,[1] the requirement for health clubs to maintain an AED shall apply to health clubs regardless of the number of persons employed by the health club.
[1]
Note: Section 5 provides that "Sections 1 and 2 of this act [amending MGL c. 93, § 78 and adding § 78A] shall not apply to a health club, as defined by section 78 of chapter 93 of the General Laws, if that health club employs 5 or fewer full-time equivalent employees, until 2 years after the effective date of this act. Sections 1 and 2 of this act shall not apply to a health club, as so defined by said section 78 of said chapter 93, if that health club employs more than 5 full-time equivalent employees, until 1 year after the effective date of this act. For the purposes of this section, the term 'full-time equivalent employee' shall equal 40 labor hours per week."
B.
In order to facilitate the protections afforded under Chapter 420 of the Acts of 2006, all health clubs shall, during all hours of operation, maintain at least one employee or authorized volunteer who is qualified to use an AED. Twenty-four-seven passkey health facilities are exempt from this requirement as set forth in Chapter 180, Article I, of the Town Code.
The Town of Kingston Board of Health may issue appropriate orders to aid in the enforcement of these regulations and may enforce these provisions in equity, including the request for injunctive relief, in a court of competent jurisdiction.