(a) In this Section the following terms have the following meanings:
(1) Automated External Defibrillator means a portable electronic device that provides an electric shock to the heart in order to reestablish normal contraction rhythms in a heart having dangerous arrhythmia or that is in cardiac arrest.
(2) Business includes a for-profit or non-profit organization.
(3) Commercial fitness center means a business where members, clients, or customers engage in exercise indoors.
(4) Exercise means an activity that requires strenuous physical exertion, either to develop and maintain fitness or to compete in a sport. Exercise includes weight lifting, cardio-fitness training, aerobic fitness training, yoga, pilates, jazzercise, circuit training, spinning, and stepping. Exercise also includes playing basketball, volleyball, soccer, ice hockey, tennis, racquetball, squash, and any similar indoor sport.
(b) Every commercial fitness center must have available at all times when the center is open at least one Automated External Defibrillator in good working order and at least one staff member who is trained in its use. This requirement does not apply to any fitness center where not more than 3 persons are employed. As used in this subsection only, “employed” means that a person regularly works more than 20 hours per week.
(c) (1) This Section is not intended to impose any civil liability, or relieve any person from civil liability, regarding the presence or use of, or failure to use, any Automated External Defibrillator, except as expressly provided in paragraph (2).
(2) A commercial fitness center, or any employee of a center, is not liable in connection with the use or nonuse of an Automated External Defibrillator, unless:
(A) the center has not made an Automated External Defibrillator available as this Section requires; or
(B) an employee of a center has acted with gross negligence or engaged in willful or wanton misconduct.
(d) Any violation of this Section is a class C civil violation. The County Attorney or any affected person may file an action in a court with jurisdiction to enjoin repeated violations of this Section.
(e) The County Fire and Rescue Service must investigate each complaint alleging a violation of this Section and take appropriate action, including issuing a citation when compliance cannot be obtained otherwise. The Department of Health and Human Services may, if requested, assist the Service in enforcing this Section. (2004 L.M.C., ch. 26, § 1; , § 1.)
