Suffolk County, NY
Thursday, November 26, 2020

Chapter 400. Defibrillators

Article I. Use in Health Clubs

[Adopted 7-2-2004 by L.L. No. 19-2004 (Ch. 260, Art. I, of the 1985 Code)]

§ 400-1. Legislative intent.

This Legislature hereby finds that defibrillators are commonly becoming a lifesaving device used in public places.
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.
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.
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.
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.

§ 400-2. Definitions.

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.

§ 400-3. Provision of AED; staff required.

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.
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.

§ 400-4. Enforcement.

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.

§ 400-5. Penalties for offenses.

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.

§ 400-6. Rules and regulations.

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.

§ 400-7. Applicability.

This article shall apply to health clubs within the County of Suffolk subsequent to the effective date of this article.

§ 400-8. Reverse preemption.

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.

§ 400-9. When effective.

This article shall take effect on the 90th day immediately subsequent to filing in the office of the Secretary of State.