Overview
South Jordan City Municipal
Code. Chapter 8.32. Project Cardiac React
Utah Law. Title 26 Chapter
8b. Utah Sudden Cardiac Arrest Survival Act
Overview
In an effort to
consolidate, modernize and simplify Utah CPR and AED laws, in July of 2008,
South Jordan City Fire Chief Chris Evans drafted and proposed the Utah Sudden
Cardiac Arrest Survival Act (“Act”). During the 2009 legislative session,
with the assistance of the bill sponsor Representative Carl Wimmer, the Act
moved through committee and both houses with a unanimous vote. The Act was
approved by Governor Huntsman on March 20, 2009. The effective date is May 12,
2009.
Assuming the act or
omission does not involve willful misconduct or gross negligence, the new law
generally provides civil immunity for those who gratuitously and in good faith
provide CPR, use an AED, or are otherwise involved in a CPR or AED program. It
also addresses several other related issues such as the authority to administer
CPR or use an AED, training, and reporting requirements. To view a copy of the
State law please see Title 26 Chapter 8b.
Taking into
consideration the enactment of the Utah Sudden Cardiac Arrest Survival Act, the
services offered as the result of South Jordan City Project Cardiac React
(i.e., CPR/AED training, guidance with establishing and maintaining a PAD
program, post-event support, etc), and the importance of early CPR and
defibrillation, Chief Evans drafted South Jordan Municipal Code Chapter 8.32,
Project Cardiac React. It was presented to the City Council for consideration
under first reading on May 19, 2009. Following a public hearing on June 2,
2009, with a unanimous vote, the South Jordan City Council adopted Chapter 8.32, Project Cardiac React.
The effective date is July 1, 2009.
|
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.
|
|
26-8b-201. Authority
to administer CPR or use an AED.
1)
A
person may administer CPR on another person without a license, certificate, or
other governmental authorization if the person reasonably believes that the
other person is in sudden cardiac arrest.
2)
A
person may use an AED on another person without a license, certificate, or
other governmental authorization if the person reasonably believes that the
other person is in sudden cardiac arrest.
26-8b-202. Immunity.
1)
Except
as provided in Subsection (3), the following persons are not subject to civil
liability for any act or omission relating to preparing to care for, responding
to care for, or providing care to, another person who reasonably appears to be
in sudden cardiac arrest:
a) a person authorized,
under Section 26-8b-201, to administer CPR,
who:
i.
gratuitously
and in good faith attempts to administer or administers CPR to another person;
or
ii.
fails
to administer CPR to another person;
b) a person authorized,
under Section 26-8b-201, to use an AED who:
i.
gratuitously
and in good faith attempts to use or uses an AED; or
ii.
fails
to use an AED;
c) a person that teaches or
provides a training course in administering CPR or using an AED;
d) a person that acquires
an AED;
e) a person that owns,
manages, or is otherwise responsible for the premises or conveyance where an
AED is located;
f) a person who retrieves
an AED in response to a perceived or potential sudden cardiac arrest;
g) a person that
authorizes, directs, or supervises the installation or provision of an AED;
h) a person involved with,
or responsible for, the design, management, or operation of a CPR or AED
program;
i)
a
person involved with, or responsible for, reporting, receiving, recording,
updating, giving, or distributing information relating to the ownership or
location of an AED under Part 3, AED Databases; or
j)
a
physician who gratuitously and in good faith:
i.
provides
medical oversight for a public AED program; or
ii.
issues
a prescription for a person to acquire or use an AED.
2)
This
section does not relieve a manufacturer, designer, developer, marketer, or
commercial distributor of an AED, or an accessory for an AED, of any liability.
3)
The
liability protection described in Subsection (1) does not apply to an act or
omission that constitutes gross negligence or willful misconduct.
26-8b-301. Reporting
location of automatic external defibrillators.
1)
Beginning
on September 1, 2009, in accordance with Subsection (2) and except as provided
in Subsection (3):
a) a person who owns or
leases an AED shall report the person's name, address, and telephone number,
and the exact location of the AED, in writing, to the emergency medical
dispatch center that provides emergency dispatch services for the location
where the AED is installed, if the person:
i.
installs
the AED;
ii.
causes
the AED to be installed; or
iii.
allows
the AED to be installed; and
b) a person who owns or
leases an AED that is removed from a location where it is installed shall
report the person's name, address, and telephone number, and the exact location
from which the AED is removed, in writing, to the emergency medical dispatch
center that provides emergency dispatch services for the location from which
the AED is removed, if the person:
i.
removes
the AED;
ii.
causes
the AED to be removed; or
iii.
allows
the AED to be removed.
2)
A
report required under Subsection (1) shall be made within 30 days after the day
on which the AED is installed or removed.
3)
Subsection
(1) does not apply to an AED that is installed in, or removed from, a private
residence.
4)
Beginning
on September 1, 2009, a person who owns or leases an AED that is installed in,
or removed from, a private residence may voluntarily report the location of, or
removal of, the AED to the emergency medical dispatch center that provides
emergency dispatch services for the location where the private residence is
located.
5)
The
department may not impose a penalty on a person for failing to comply with the
requirements of this section
26-8b-302. Distributors
to notify of reporting requirements.
A person in the business of selling or leasing an AED shall, at the time the
person provides, sells, or leases an AED to another person, notify the other
person, in writing, of the reporting requirements described in Section 26-8b-301.
26-8b-303. Duties of
emergency medical dispatch centers.
Beginning on September 1, 2009, an emergency medical
dispatch center shall:
1)
implement
a system to receive and manage the information reported to the emergency
medical dispatch center under Section 26-8a-209 or 26-8b-301;
2)
record
in the system described in Subsection (1), all information received under
Section 26-8a-209 or 26-8b-301 as follows:
a) if the information is
received under Subsection 26-8a-209(5), within 30 days
after the day on which the information is received; or
b) if the information is
received under Subsection 26-8a-209(6) or Section 26-8b-301, within 14 days after
the day on which the information is received;
3)
inform
a person who calls to report a potential incident of sudden cardiac arrest of
the location of any nearby AED; and
4)
provide
the information contained in the system described in Subsection (1), upon
request, to:
a) the bureau; or
b) another emergency
medical dispatch center
26-8b-401. Education
and training.
1)
The
bureau shall work in cooperation with federal, state, and local agencies and
schools, to encourage individuals to complete courses on the administration of
CPR and the use of an AED.
2)
A
person who owns or leases an AED shall encourage each person who is likely to
use the AED to complete courses on the administration of CPR and the use of an
AED.
26-8a-209. Fully
automated external defibrillator statewide database.
1)
Except
as provided in Subsection (4), the department shall establish and maintain a
statewide database containing the following information:
a) the name of the owner of
a fully automated external defibrillator; and
b) the precise location of
the fully automated external defibrillator, including the address and the place
in which the defibrillator is stored.
2)
Except
as provided in Subsection (4):
a) the department shall
give the information from the database to emergency medical service dispatch
centers in the state; and
b) emergency medical
dispatch centers in the state may disclose the nearest location of a fully
automated external defibrillator to a person calling the dispatch center in the
event of a medical emergency and to first responders in an emergency.
3)
Except
as provided in Subsection (4):
a) a commercial owner of a
fully automated external defibrillator shall register the ownership and precise
location of the defibrillator with the department within 30 days of acquisition
of the defibrillator;
b) an owner of a fully
automated external defibrillator purchased for use in a private residence may
register the ownership and precise location of the defibrillator with the
department; and
c) the department may not
impose penalties on a manufacturer or an owner of a fully automated external
defibrillator for failing to comply with the requirements of this section.
4)
Beginning
on September 1, 2009:
a) the provisions of this
section are no longer in effect; and
b) the provisions of Title
26, Chapter 8b, Utah Sudden Cardiac Arrest Survival Act, supersede the
provisions of this section.
5)
On
or before August 1, 2009, the department shall provide to each emergency
medical dispatch center, as defined in Section 26-8b-102, all information
contained in the statewide database that pertains to the area for which the
emergency medical dispatch center provides emergency dispatch services.
6)
Beginning
on the date that the department provides the information required under
Subsection (5), and continuing on a weekly basis until September 1, 2009, the
department shall provide any additional information that it receives for the
statewide database to the emergency medical dispatch centers described in
Subsection (5).