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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Physical Fitness
Facility
Medical Emergency | ||||||
5 | Preparedness Act is amended by changing Sections 5.25, 15, and | ||||||
6 | 50 as follows: | ||||||
7 | (210 ILCS 74/5.25)
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8 | Sec. 5.25. Physical fitness facility.
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9 | (a) "Physical fitness facility" means the following:
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10 | (1) Any of the following indoor or outdoor facilities | ||||||
11 | that is (i) owned or operated
by a park district,
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12 | municipality, or other unit of local government, including | ||||||
13 | a home rule unit, or
by a public or private
elementary or
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14 | secondary school, college, university, or technical or | ||||||
15 | trade
school
and (ii) supervised by one or more persons, | ||||||
16 | other than maintenance or security
personnel, employed by | ||||||
17 | the unit of local
government, school, college, or | ||||||
18 | university for the purpose of directly
supervising the
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19 | physical fitness activities taking place at any of these | ||||||
20 | indoor facilities:
a swimming pool; stadium; athletic | ||||||
21 | field; football stadium; soccer field; baseball diamond;
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22 | track and field
facility;
tennis court; basketball court; | ||||||
23 | or volleyball court ; or similar facility as defined by |
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1 | Department rule ; or such facilities located
adjacent | ||||||
2 | thereto.
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3 | (2) Except as provided in subsection (b), any other | ||||||
4 | indoor or outdoor establishment,
whether
public or | ||||||
5 | private, that
provides services or facilities focusing | ||||||
6 | primarily on cardiovascular
exertion or gaming as defined | ||||||
7 | by Department rule.
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8 | (b) "Physical fitness facility" does not include a facility | ||||||
9 | serving less
than a total of 100 individuals, as further | ||||||
10 | defined by Department rule. In
addition, the term does not | ||||||
11 | include (i) a
facility located in a
hospital or in
a hotel or | ||||||
12 | motel or (ii) any facility owned or operated by a park district | ||||||
13 | organized under the Park District Code, the Chicago Park | ||||||
14 | District Act, or the Metro-East Park and Recreation District | ||||||
15 | Act
, or any outdoor facility . The term also does not include | ||||||
16 | any
facility that does not
employ any
persons to provide | ||||||
17 | instruction, training, or assistance for persons using the
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18 | facility.
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19 | (Source: P.A. 93-910, eff. 1-1-05.) | ||||||
20 | (210 ILCS 74/15)
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21 | Sec. 15. Automated external defibrillator required.
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22 | (a) By the dates specified in Section 50, every physical | ||||||
23 | fitness facility
must have at least one AED on the facility | ||||||
24 | premises. The Department
shall adopt
rules to ensure | ||||||
25 | coordination with local emergency medical services systems
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1 | regarding the
placement and use of AEDs in physical fitness | ||||||
2 | facilities. The Department may
adopt
rules requiring a facility | ||||||
3 | to have more than one AED on the premises, based on
factors
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4 | that include the following:
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5 | (1) The size of the area or the number of buildings or | ||||||
6 | floors occupied by
the facility.
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7 | (2) The number of persons using the facility, excluding | ||||||
8 | spectators.
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9 | (b) A physical fitness facility
must ensure that
there is a | ||||||
10 | trained
AED user on staff and present during all physical | ||||||
11 | fitness activities. For purposes
of this Act, "trained AED | ||||||
12 | user" has the meaning ascribed to that term in Section 10 of | ||||||
13 | the Automated External Defibrillator Act .
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14 | (b-5) The Department shall adopt rules that
encourage any | ||||||
15 | non-employee coach, non-employee instructor, or
other | ||||||
16 | similarly situated non-employee anticipated rescuer
who uses a | ||||||
17 | physical fitness facility in conjunction with the
supervision | ||||||
18 | of physical fitness activities to complete a course of
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19 | instruction that would qualify such a person as a trained
AED | ||||||
20 | user, as defined in Section 10 of the Automated External | ||||||
21 | Defibrillator Act. | ||||||
22 | (b-10) In the case of an outdoor physical fitness facility, | ||||||
23 | the AED must be housed in a building, if any, that is within | ||||||
24 | 300 feet of the outdoor facility where an event or
activity is | ||||||
25 | being conducted. If there is such a building within the | ||||||
26 | required
distance, the building must provide unimpeded and open
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1 | access to the housed AED, and the building's entrances shall
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2 | further provide marked directions to the housed AED. If there | ||||||
3 | is no
such building, the person responsible for supervising the | ||||||
4 | activity at the outdoor physical fitness facility shall ensure | ||||||
5 | that an AED is available at the outdoor facility during the | ||||||
6 | time that the event or activity at the facility is being | ||||||
7 | conducted.
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8 | (c) Every physical fitness facility must ensure that every | ||||||
9 | AED on the
facility's
premises is properly tested and | ||||||
10 | maintained in accordance with rules adopted by
the
Department.
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11 | (Source: P.A. 93-910, eff. 1-1-05.) | ||||||
12 | (210 ILCS 74/50)
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13 | Sec. 50. Compliance dates; private and public indoor | ||||||
14 | physical fitness
facilities.
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15 | (a) Privately owned indoor physical fitness facilities. | ||||||
16 | Every
privately owned
or operated indoor physical fitness | ||||||
17 | facility must be in compliance with this
Act on or
before July | ||||||
18 | 1, 2006.
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19 | (a-5) Privately owned outdoor physical fitness facilities. | ||||||
20 | Every
privately owned
or operated outdoor physical fitness | ||||||
21 | facility must be in compliance with this
Act on or
before July | ||||||
22 | 1, 2009.
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23 | (b) Publicly owned indoor physical fitness facilities. A | ||||||
24 | public
entity owning or
operating 4 or fewer indoor physical | ||||||
25 | fitness facilities must have at least one
such
facility in |
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1 | compliance with this Act on or before July 1, 2006; its second
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2 | facility in compliance by July 1, 2007; its third facility in | ||||||
3 | compliance by
July 1, 2008; and
its fourth
facility in | ||||||
4 | compliance by July 1, 2009.
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5 | A public entity owning or operating
more than 4 indoor | ||||||
6 | physical fitness facilities must have 25% of those
facilities | ||||||
7 | in
compliance by July 1, 2006; 50% of those facilities in | ||||||
8 | compliance by July 1,
2007; 75% of those facilities in | ||||||
9 | compliance by July 1, 2008; and 100% of those
facilities in | ||||||
10 | compliance by July 1, 2009.
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11 | (b-5) Publicly owned outdoor physical fitness facilities. | ||||||
12 | A public
entity owning or
operating 4 or fewer outdoor physical | ||||||
13 | fitness facilities must have at least one
such
facility in | ||||||
14 | compliance with this Act on or before July 1, 2009; its second
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15 | facility in compliance by July 1, 2010; its third facility in | ||||||
16 | compliance by
July 1, 2011; and
its fourth
facility in | ||||||
17 | compliance by July 1, 2012. | ||||||
18 | A public entity owning or operating
more than 4 outdoor | ||||||
19 | physical fitness facilities must have 25% of those
facilities | ||||||
20 | in
compliance by July 1, 2009; 50% of those facilities in | ||||||
21 | compliance by July 1,
2010; 75% of those facilities in | ||||||
22 | compliance by July 1, 2011; and 100% of those
facilities in | ||||||
23 | compliance by July 1, 2012.
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24 | (Source: P.A. 93-910, eff. 1-1-05.)
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