[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:
A medical device, heart monitor and defibrillator that:
Has received approval of its premarket notification, filed pursuant
to 21 U.S.C. § 360(k), from the United States Food and Drug
Administration;
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
Upon determination that defibrillation should be performed,
charges and delivers an electrical impulse at the command of the operator.
Administering an electrical impulse to an individual in order
to stop ventricular fibrillation or rapid pulseless ventricular tachycardia.
The Homer Township Fire Protection District or Northwest
Homer Fire Protection District or Mokena Fire Protection District
or New Lenox Fire District.
A national organization approved by Illinois State law for
the purpose of training people in the use of an automatic external
defibrillator.
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.
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.
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 of Homer Glen.
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.
