Suffolk County, NY
Thursday, November 26, 2020
[Adopted 11-16-2004 by L.L. No. 42-2004 (Ch. 260, Art. II, of the 1985 Code)]
This Legislature hereby finds and determines that defibrillators are commonly becoming a lifesaving device used in public places.
This Legislature also finds and determines that there have been numerous instances of children on athletic fields who have died and whose lives might have been saved if a defibrillator had been readily available.
This Legislature further finds and determines that the State of New York has found that defibrillators are so valuable in saving children's lives that they have now required them to be in schools.
This Legislature finds that the requirement of defibrillators has not been extended to camps, a place where children engage in vigorous indoor and outdoor athletic activities.
Therefore, the purpose of this article is to require the availability of an automated external defibrillator in each and every children's day camp and children's overnight camp in the County of Suffolk.
As used in this article, the following terms shall have the meanings indicated:
- AUTOMATED EXTERNAL DEFIBRILLATOR
- A medical device, approved by the United States Food and Drug Administration (FDA), that:
- A. Is capable of recognizing the presence or absence, in a patient, of ventricular fibrillation and rapid ventricular tachycardia;
- B. Is capable of determining, without intervention by an operator, whether defibrillation should be performed on a patient;
- C. Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient's heart; and
- D. Upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation.
- CHILDREN'S OVERNIGHT CAMP
- A property consisting of a tract of land and any tents, vehicles, buildings or other structures that may be pertinent to its use, any part of which may be occupied by persons under 18 years of age under general supervision for the purpose of outdoor or indoor organized activities, including, but not limited to, sports camps, athletic camps, and instructional camps on a year-round basis, and on which provisions are made for overnight occupancy of children.
- DAY CAMP
- A property consisting of a tract of land and any tents, vehicles, buildings or other structures that may be pertinent to its use, any part of which may be occupied on a scheduled basis at any time between June 1 and September 15 in any year by children under 16 years of age under general supervision, for a period of less than 24 hours on any day the property is so occupied, and on which no provisions are made for overnight occupancy by such children. A day camp shall also include sports camps, athletic camps, and instructional camps on a year-round basis.
Every day camp and every children's overnight camp 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 children are present in the day camp or children's overnight camp, there shall be at least one staff person who is trained, pursuant to 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 § 400-12 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 day camps and children's overnight camps 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.