The ordinance requires certain occupancies within South Jordan to install and maintain a public access AED.    Further, it encourages CPR and AED training for persons who might may perform CPR or use an AED,  establishes the requirements for distribution, mounting and identification of AEDs, and prohibits tampering with an AED or other related equipment or supplies.   The ordinance also addresses several other CPR and AED related issues.  To view a copy of the City ordinance please see Chapter 8.32.      

South Jordan City Municipal Code:  Chapter 8.32.  Project Cardiac React

SECTION 1.  Enacting.   Chapter 8.32, Project Cardiac React, of the South Jordan City Municipal Code, is enacted as follows:

8.32.010.  Purpose.

Reduce heart damage, improve the quality of life and increase survivability of persons who experience a heart attack, Sudden Cardiac Arrest (SCA) or stroke while in South Jordan City.

8.32.020     Definitions.

Unless otherwise defined herein, the applicable definitions in the Utah Sudden Cardiac Arrest Survival Act, as set forth in Utah Code Annotated section 76-8b-102 et seq., as currently adopted and hereinafter amended, are adopted as the definitions for this Chapter.  Additionally, as used in this Chapter:  

a)    “City” means the City of South Jordan, Utah.

b)    “Fire Department” means the City of South Jordan Fire Department.

c)    “Fitness Center” means a building or structure, or portion thereof, which contains facilities and/or equipment for people to maintain or improve their physical fitness, or participate in body building, figure development, martial arts or other similar activities.

d)    “Occupant Load” means the maximum number of persons for which the building or structure is designed for as outlined in the Building Code as adopted by the State of Utah. 

8.32.030.  Program Required.

a)    Project Cardiac React.  The Fire Department shall develop, implement and maintain programs or services that:

i.        Encourage persons to call 911 for cardiovascular related emergencies; 

ii.      Provide for early administration of CPR to SCA victims as appropriate;    

iii.    Provide for early defibrillation of SCA victims as appropriate; and 

iv.    Provide advanced pre-hospital treatment for cardiovascular and stroke emergencies by first responders and advanced life support personnel.

8.32.040.  Training.

a)    Training Encouraged.  Individuals who may perform CPR or use an AED are encouraged to complete a course of instruction in the administration of CPR and use of an AED.

8.32.050.  Public Access Automated External Defibrillator.

a)    Applicability.  The owner or occupant of any existing building, structure, or recreational field who is required to install and maintain an AED as described herein, shall comply with this Section prior to July 1, 2010.  As of the effective date of this Chapter, others who are required to have an AED as outlined herein, shall comply prior to the issuance of a certificate of occupancy by the City. 

b)    Where Required. AEDs shall be required in the following locations:

                                                        i.      All fire department vehicles.

                                                      ii.      All police department patrol and school resource vehicles.

                                                    iii.      All buildings or structures, or portion thereof, occupied by:

a)     A licensed health care provider.

b)     A dentist.

c)      A fitness center or swimming pool of one-thousand two hundred square feet or larger.

Exception:  Does not apply to a fitness room or swimming pool at a private residence.

d)     People who are cared for or living in a supervised environment and having physical limitations because of health or age, are harbored for medical treatment or other care or treatment, or   people who are detained for penal or correctional purposes.

Exception:  Does not apply to a private residence; or licensed child care facilities that provide accommodations for less than fifty children under the age of five and for less than twenty-four hours. 

                                                    iv.      All hotels or motels.

                                                      v.      All municipal and private golf courses.

                                                    vi.      Buildings or structures, or portion thereof, with an occupant load of more than fifty people and occupied by:

a)     A governmental agency (city, county, state and federal).

b)     A public, charter, or private primary or secondary school.

c)      A licensed child care facility.

                                                  vii.      All public or commercial recreation and sporting fields during sporting events at which more than one hundred fifty people are in attendance at any given time.

                                                viii.      All public or private buildings or structures, or portion thereof, not otherwise identified above and with an occupant load of greater than one hundred fifty people.

c)    Quantity and Distribution. 

                                                        i.      AEDs shall be distributed such that the maximum travel distance from any portion of the building or structure to an AED does not exceed four hundred twenty-five feet. 

                                                      ii.      In buildings, structures, or other areas with multiple occupancies, an AED may be shared by two or more occupancies when:

a)      AEDs are placed in a common area accessible to all occupants and visitors of each building, structure or portion thereof; and

b)      The maximum travel distance to an AED from any portion of the building or structure does not exceed four hundred twenty-five feet.

d)    General Requirements. AEDs shall be installed, maintained, and used in accordance with this Chapter and applicable federal, state and local laws and regulations.

e)     Accessibility.  AEDs shall be:

                                                        i.      Located in a conspicuous location along normal paths of travel and readily accessible and immediately available for use by employees and members of the general public, including disabled persons.

                                                      ii.      Unobstructed from view or use.  In rooms or areas in which visual obstruction cannot be completely avoided, signs shall be provided to indicate the location of the AED.

                                                    iii.      Housed in a cabinet permanently affixed to a wall or durable portable stand and in accordance with the following:

a)     The height of the AED shall be a minimum of forty-two inches and a maximum of forty-eight inches measured vertically, from the floor to the top of the AED carrying handle.  

b)     The AED cabinet shall include a clear window in the cabinet door and an audible alarm signaling the opening of the door. 

c)      Cabinets used to house AEDs shall not be locked.

Exceptions:

1)     Section 8.32.050(E) does not apply to AEDs deployed in vehicles, intended for use by a designated emergency medical response team, or temporarily deployed at a recreational field as required in section 8.32.050(B)(vii).

2)     In areas where the AED is subject to theft or vandalism, the cabinet door may remain locked when visual identification panels of glass or other approved transparent frangible material that is easily broken and allows rapid access is used; or when secured in an AED cabinet incorporated into an emergency communication device that is monitored twenty-four hours a day seven days a week and, without delay the monitoring agency has the ability to remotely release the AED locking mechanism.  

f)     AED Signs.  The location of each AED shall be marked by an approved multi-directional sign containing the letters “AED” and the universally recognizable AED symbol.   Signs shall be plainly legible, visible and of an approved size to provide adequate visibility.

8.32.060.  Tampering with an AED.

It shall be unlawful for any person to remove, tamper with or otherwise disturb any AED except for the purpose of responding to, or providing care to a potential cardiac arrest patient, inspection, performing maintenance or making repairs.  AED enclosures, signs, tags or seals which have been installed at the direction of this Chapter shall not be removed, destroyed, tampered with or otherwise vandalized in any manner. 

8.32.070.  Reporting Location of AEDs. 

As set forth in Utah Code Annotated section 76-8b-301 et seq., as currently adopted and hereinafter amended, a person who owns or leases an AED shall report the name, address and phone number of the AED owner and the exact location of each AED, in writing, to Salt Lake Valley Emergency Communications Center.  

Exception:  AEDs which are not at a permanent location, such as those in vehicles: temporary portable stands for community events: or are purchased for a designated emergency medical response team are exempt from the reporting requirement.

8.32.080.  Post-Event Reporting.

The owner of an AED shall notify the Fire Department as soon as possible, but no later than twenty-four hours following any use of the AED; the owner shall provide the Fire Department with information relevant to the deployment of the AED including but not limited to the date, the time and location of use, the data recorded by the AED, and other related emergency response information, including the name and address of any hospital, clinic or medical provider to which the person was transported following the deployment of an AED.

8.32.090.  Notice of Violation Required.

When a building, structure, vehicle, or outdoor area is found to be in violation of the requirements of this Chapter, the fire chief, or his/her designee, shall issue a written notice of violation prior to taking further action.  A notice of violation issued pursuant to this Chapter shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation by personal service or mail. The notification can be delivered to the owner’s property and left with a   person of responsibility upon the premise. 

A reasonable time shall be given for the person to comply with this Chapter, which shall not be less than thirty days after written notice of violation is served.

8.32.100.   Penalties. 

The violation of this Chapter shall be a class C misdemeanor punishable by law.  The violation of one section or subsection shall be a separate violation from the violation of another section or subsection.

8.32.110.  Immunity. 

Nothing in this chapter shall limit or otherwise restrict the immunity from civil liability provided under the Utah Sudden Cardiac Arrest Survival Act, Good Samaritan Act, and/or other applicable federal or state law.

SECTION 2.  Authority.  The South Jordan City Fire Chief is hereby authorized to render interpretations and enforce the provisions of this Chapter.  Interpretations shall be in compliance with the intent and purpose of this Chapter and shall not have the effect of waiving requirements specifically provided for in this Chapter.

SECTION 3.  Severability. If any section, part or provision of this Chapter is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion of this Chapter and all sections, parts, provisions and words of this Chapter shall be severable.

SECTION 4.  Effective Date.  This Chapter shall become effective as of July 1, 2009.

Utah Law:  Title 26 Chapter 8b.  Utah Sudden Cardiac Arrest Survival Act.

 26-8b-101.  Title.

     This chapter is known as the "Utah Sudden Cardiac Arrest Survival Act."

26-8b-102.  Definitions.
       As used in this chapter:

1)     "Automatic external defibrillator" or "AED" means an automated or automatic computerized medical device that:

a)     has received pre-market notification approval from the United States Food and Drug Administration, pursuant to Section 360(k), Title 21 of the United States Code;

b)     is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;

c)      is capable of determining, without intervention by an operator, whether defibrillation should be performed; and

d)     upon determining that defibrillation should be performed, automatically charges, enabling delivery of an electrical impulse through the chest wall and to a person's heart.

2)     "Bureau" means the Bureau of Emergency Medical Services, within the department.

3)     "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external chest compression applied to a person who is in respiratory or cardiac arrest.

4)     "Emergency medical dispatch center" means a public safety answering point, as defined in Section 63C-7-103, that is designated as an emergency medical dispatch center by the bureau.

5)     "Sudden cardiac arrest" means a life-threatening condition that results when a person's heart stops or fails to produce a pulse.