[Adopted 1-11-2017 by Ord. No. 17-001]
The foregoing recitals are hereby incorporated into this article as if fully set forth herein.[1]
[1]
Editor's Note: Refer to the preamble of Ord. No. 17-001.
As used in this article, the following terms shall have the indicated meanings:
AUTOMATED EXTERNAL DEFIBRILLATOR (AED)
A medical device, heart monitor and defibrillator that:
A. 
Has received approval of its premarket notification, filed pursuant to 21 U.S.C. § 360(k), from the United States Food and Drug Administration;
B. 
Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and
C. 
Upon determination that defibrillation should be performed, charges and delivers an electrical impulse at the command of the operator.
DEFIBRILLATION
Administering an electrical impulse to an individual in order to stop ventricular fibrillation or rapid pulseless ventricular tachycardia.
FIRE DISTRICT
The Homer Township Fire Protection District or Northwest Homer Fire Protection District or Mokena Fire Protection District or New Lenox Fire District.
NATIONALLY RECOGNIZED ORGANIZATION
A national organization approved by Illinois State law for the purpose of training people in the use of an automatic external defibrillator.
PUBLIC ACCESS DEFIBRILLATION PROVIDER
An individual, partnership, association, corporation, limited-liability company or organized group of persons (whether incorporated or not) that owns or occupies a building within the jurisdiction of the Village.
REQUIRED OCCUPANCIES
Any owner-occupied or occupied building within the jurisdiction of the Village of Homer Glen with an area of occupiable space greater than 100,000 square feet.
TRAINED AED PROVIDER
Any person who has successfully completed a course of instruction that is consistent with AED manufacturer recommendations and which complies with current American Heart Association Guidelines for CPR and ECC, or who is licensed to practice medicine in all its branches in the State of Illinois.
VILLAGE
Village of Homer Glen.
VOLUNTARY OCCUPANCY
An individual, partnership, association, corporation, limited company or organized group of persons (whether incorporated or not) desiring to participate in the Village of Homer Glen Public Access Defibrillator Program, but not mandated by this article.
The purpose of this article is to make available automated external defibrillator devices in businesses which have the potential for a high number of customers and employees.
A. 
Public buildings. Any building which is owned or operated by the Village and is generally held open to the public shall contain not less than one AED, to be placed pursuant to the direction of the Village Building Official or his/her designee, regardless of any contrary requirements of this article.
B. 
Required occupancies. Any required occupancy, as defined, shall contain not less than one AED, placed in accordance with the otherwise applicable requirements of this article. The placement of an AED in any required occupancy, as herein defined, shall at a minimum comply with the following requirements:
(1) 
No AED shall be placed or located within any required occupancy where the travel distance to such AED exceeds 500 feet from any other point within the building. Additional AEDs shall be placed within the required occupancy as needed until the foregoing requirement is satisfied.
(2) 
Where the internal structure or use of a required occupancy tends to prohibit or prevent persons from occupying certain areas within that required occupancy (such as, but not limited to, portions of storage or distribution facilities containing racking systems), the AED shall be placed in the area within such required occupancy that is most commonly and regularly occupied by persons.
(3) 
All AEDs shall be placed in a cabinet that is affixed to a wall within the required occupancy. The bottom of the cabinet must be at least 27 inches from the floor, and the handle of the cabinet must be no more than 48 inches from the floor. Each AED cabinet shall be clearly and prominently marked with signage indicating the presence of an AED within the cabinet. Lettering on the signs shall be not less than six inches in height and shall also include an AED symbol approved by the Village Building Official or his/her designee that is visible in all directions from the cabinet. The cabinet shall also provide reasonable protection for the AED located within from tampering, vandalism, impact damage, and environmental factors such as dust, moisture, and weather. Acceptable means of tampering and vandalism protection include but are not limited to the use of cabinets with local alarms, or cabinets that are directly connected to the fire alarm system, such that the use of the cabinet triggers a fire alarm. Not all required occupancies will require the use of an AED cabinet when the risk of tampering or damage to the AED unit is low, as reasonably determined by the Chief Building Official or his/her designee. The Chief Building Official or his/her designee shall provide direction in those circumstances as to the appropriate placement of the AED unit.
Possession and operation of an automatic external defibrillator by either a required or voluntary occupancy within the jurisdiction of the Village shall comply with the following:
A. 
No person may operate an automatic external defibrillator unless the person has successfully completed a course of instruction in accordance with the standards of a nationally recognized organization, such as the American Red Cross or the American Heart Association. However, it shall not prohibit operation of an automatic external defibrillator by:
(1) 
A health care provider licensed or certified and within his/her lawful scope of practice.
(2) 
By a person acting pursuant to a lawful prescription.
(3) 
A person who operates the automated external defibrillator other than as part or incidental to his or her employment or regular duties, who is acting in good faith, with reasonable care, and without expectation of monetary compensation, to provide first aid that includes the operation of an automatic external defibrillator; nor shall this article limit any good samaritan protections provided by Illinois State law.
B. 
While conducting annual fire inspections, Fire District personnel shall verify the AED is located within the cabinet. The working condition of the AED shall be completed by a third-party company with written verification provided to the Fire District and the Village.
C. 
All required AEDs shall be installed in accordance with the requirements of this article, the requirements of the AED manufacturer, and the otherwise applicable provisions of the Village Code of Ordinances.
D. 
Upon the use of any AED within any occupancy, the occupancy is required to call the 9-1-1 emergency number immediately following its use.
New required occupancies shall not receive a certificate of occupancy until all provisions of this article have been satisfied following the date of adoption by the Village. Existing required occupancies shall comply with the provisions of this article no later than one year following the date of adoption by the Village.
Any person responsible for the compliance of a required occupancy as defined in this article may seek a variance by filing a written request with the Village Building Official or his/her designee. Variance requests shall set forth in writing the particular facts and circumstances that support the application, and shall specifically demonstrate the extent if any to which the request of the requirements of this article imposes a hardship on the applicant that was not created by the applicant, and the efforts if any made by the applicant to provide reasonable substitutes for strict compliance. Variances shall only be available to vary the requirements of this article. If the Village Board determines that the applicant has demonstrated both the existence of hardship and an effort to provide reasonable alternatives to full compliance, the variance may be granted, and otherwise it shall be denied. Variance requests shall be acted upon within 60 days from the date of receipt by the Village Board unless the applicant consents to a longer time.
Any person violating this article shall be subject to a mandatory fine of not less than $100 nor more than $1,000 for the first violation, excluding violations discovered during an annual inspection. The fine for any required occupancy's second violation shall be not less than $1,000 nor more than $1,500, excluding violations discovered during an annual inspection. The fine for any required occupancy discovered during an annual inspection pursuant to this article shall be not less than $3,000 nor more than $5,000. Each day on which a given violation exists without being compliant shall constitute the existence of a separate and distinct violation. In addition to any other penalties or sanctions provided for violation of this article or of the Village Code generally, required occupancies subject to the provisions of this article shall not be entitled to the receipt of any permit, approval, license or other form of permission from the Village without first having demonstrated compliance with the provisions of this article. Proceedings to enforce violations of this article may be initiated and conducted in accordance with and pursuant to the provisions of the Village ordinances providing for administrative adjudication of Code violations[1] or by any other means provided by law.
[1]
Editor's Note: See Ch. 1, General Provisions, Art. III.