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| Public Act 096-0873 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Physical Fitness
Facility
Medical Emergency | ||||
Preparedness Act is amended by changing Sections 5.25 and 15 as | ||||
follows: | ||||
(210 ILCS 74/5.25)
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Sec. 5.25. Physical fitness facility.
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(a) "Physical fitness facility" means the following:
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(1) Any of the following indoor or outdoor facilities | ||||
that is (i) owned or operated
by a park district,
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municipality, or other unit of local government, including | ||||
a home rule unit, or
by a public or private
elementary or
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secondary school, college, university, or technical or | ||||
trade
school
and (ii) supervised by one or more persons, | ||||
other than maintenance or security
personnel, employed by | ||||
the unit of local
government, school, college, or | ||||
university for the purpose of directly
supervising the
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physical fitness activities taking place at any of these | ||||
indoor facilities:
a swimming pool; stadium; athletic | ||||
field; football stadium; soccer field; baseball diamond;
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track and field
facility;
tennis court; basketball court; | ||||
or volleyball court; or similar facility as defined by | ||||
Department rule; or such facilities located
adjacent | ||
thereto.
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(1.5) Any of the following outdoor facilities that is | ||
(i) owned by a municipality, township, or other unit of | ||
local government, including a home rule unit, or by a | ||
public or private elementary or secondary school, college, | ||
university, or technical or trade school and (ii) | ||
supervised by one or more persons, other than maintenance | ||
or security personnel, employed by the unit of local | ||
government, school, college, or university for the purpose | ||
of directly supervising the physical fitness activities | ||
taking place at any of these facilities: a swimming pool; | ||
athletic field; football stadium; soccer field; baseball | ||
diamond; track and field facility; tennis court; | ||
basketball court; or volleyball court; or similar facility | ||
as defined by Department rule. | ||
The term does not include any facility during any | ||
activity or program organized by a private or | ||
not-for-profit organization and organized and supervised | ||
by a person or persons other than the employees of the unit | ||
of local government, school, college, or university.
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(2) Except as provided in subsection (b), any other | ||
indoor or outdoor establishment,
whether
public or | ||
private, that
provides services or facilities focusing | ||
primarily on cardiovascular
exertion or gaming as defined | ||
by Department rule.
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(b) "Physical fitness facility" does not include a facility | ||
serving less
than a total of 100 individuals. For purposes of | ||
this Act, "individuals" includes only those persons actively | ||
engaged in physical exercise that uses large muscle groups and | ||
that substantially increases the heart rate. , as further | ||
defined by Department rule. In
addition, the term does not | ||
include (i) a
facility located in a
hospital or in
a hotel or | ||
motel, (ii) any outdoor facility owned or operated by a park | ||
district organized under the Park District Code, the Chicago | ||
Park District Act, or the Metro-East Park and Recreation | ||
District Act, or (iii) any facility owned or operated by a | ||
forest preserve district organized under the Downstate Forest | ||
Preserve District Act or the Cook County Forest Preserve | ||
District Act or a conservation district organized under the | ||
Conservation District Act. The term also does not include any
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facility that does not
employ any
persons to provide | ||
instruction, training, or assistance for persons using the
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facility.
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(Source: P.A. 95-712, eff. 1-1-09.) | ||
(210 ILCS 74/15)
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Sec. 15. Automated external defibrillator required.
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(a) By the dates specified in Section 50, every physical | ||
fitness facility
must have at least one AED on the facility | ||
premises. The Department
shall adopt
rules to ensure | ||
coordination with local emergency medical services systems
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regarding the
placement and use of AEDs in physical fitness | ||
facilities. The Department may
adopt
rules requiring a facility | ||
to have more than one AED on the premises, based on
factors
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that include the following:
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(1) The size of the area or the number of buildings or | ||
floors occupied by
the facility.
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(2) The number of persons using the facility, excluding | ||
spectators.
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(b) A physical fitness facility
must ensure that
there is a | ||
trained
AED user on staff during staffed business hours. For | ||
purposes
of this Act, "trained AED user" has the meaning | ||
ascribed to that term in Section 10 of the Automated External | ||
Defibrillator Act.
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(b-5) The Department shall adopt rules that
encourage any | ||
non-employee coach, non-employee instructor, or
other | ||
similarly situated non-employee anticipated rescuer
who uses a | ||
physical fitness facility in conjunction with the
supervision | ||
of physical fitness activities to complete a course of
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instruction that would qualify such a person as a trained
AED | ||
user, as defined in Section 10 of the Automated External | ||
Defibrillator Act. | ||
(b-10) In the case of an outdoor physical fitness facility, | ||
the AED must be housed in a building, if any, that is within | ||
300 feet of the outdoor facility where an event or
activity is | ||
being conducted. If there is such a building within the | ||
required
distance, the building must provide unimpeded and open
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access to the housed AED, and the building's entrances shall
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further provide marked directions to the housed AED. If there | ||
is no
such building, the person responsible for supervising the | ||
activity at the outdoor physical fitness facility shall ensure | ||
that an AED is available at the outdoor facility during the | ||
time that the event or activity at the facility is being | ||
conducted.
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(b-15) Facilities described in paragraph (1.5) of Section | ||
5.25 must have an AED on site as well as a trained AED user | ||
available only during activities or events sponsored and | ||
conducted or supervised by a person or persons employed by the | ||
unit of local government, school, college, or university. | ||
(c) Every physical fitness facility must ensure that every | ||
AED on the
facility's
premises is properly tested and | ||
maintained in accordance with rules adopted by
the
Department.
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(Source: P.A. 95-712, eff. 1-1-09; 96-748, eff. 1-1-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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