Amended in Assembly July 8, 2015

Amended in Assembly June 23, 2015

Senate BillNo. 287


Introduced by Senator Hueso

February 19, 2015


An act to add Chapter 3 (commencing with Section 19300) to Part 3 of Division 13 of the Health and Safety Code, relating to automated external defibrillators.

LEGISLATIVE COUNSEL’S DIGEST

SB 287, as amended, Hueso. Automated external defibrillators (AEDs).

Existing law requires any person or entity that supplies an AED, which means an automated or automatic external defibrillator (AED), to notify an agent of the local emergency medical services agency of the existence, location, and type of AED acquired and to provide the acquirer of the AED with all information governing the use, installation, operation, training, and maintenance of the AED. Existing law provides that any person or entity that acquires an AED is not liable for civil damages resulting from certain uses, attempted uses, or nonuses of an AED, except as provided, if certain conditions are met, including, but not limited to, that the AED is checked for readiness after each use and at least every 30 days if the AED has not been used in the preceding 30 days. Existing law also provides that a person or entity that provides AED training to a person who renders emergency care is not liable for any civil damages, as specified.

This bill would require certain begin insertoccupied end insertstructures that are not owned or operated by any local government entity and are constructed on or after Januarybegin delete 1, 2016,end deletebegin insert 1, 2017,end insert to have an AED on the premises.begin delete Thisend deletebegin insert Theend insert bill would require a person or entity that supplies an AED to comply with specified existing law regarding AEDs, and would exempt a person or entity that supplies an AED from liability for civil damages resulting from certain uses, attempted uses, or nonuses of an AED, as specified.begin insert The bill would make these provisions operative on January 1, 2017.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Chapter 3 (commencing with Section 19300) is
2added to Part 3 of Division 13 of the Health and Safety Code, to
3read:

4 

5Chapter  3. Automated External Defibrillators
6

 

7

19300.  

(a) This chapter applies to all of the following
8structures, as defined in Chapter 3 (commencing with Section
9301.1) of Part 2, the California Building Code, of Title 24, the
10California Building Standards Code, of the California Code of
11Regulations, that are constructed on or after Januarybegin delete 1, 2016:end deletebegin insert 1,
122017:end insert

13(1) Group A assembly buildings with an occupancy of greater
14than 300.

15(2) Group B business buildings with an occupancy of 200 or
16more.

17(3) Group E educational buildings with an occupancy of 200 or
18more.

19(4) Group F factory buildings with an occupancy of 200 or more.

begin delete

20(5) Group H high-hazard buildings with an occupancy of 200
21or more.

22(6)

end delete

23begin insert(5)end insert Group I institutional buildings with an occupancy of 200 or
24more.

begin delete

25(7)

end delete

26begin insert(6)end insert Group M mercantile buildings with an occupancy of 200 or
27more.

begin delete

28(8)

end delete

29begin insert(7)end insert Group R residential buildings with an occupancy of 200 or
30more, excluding single-family and multifamily dwelling units.

begin delete

P3    1(9) Group S storage buildings with an occupancy of 200 or
2more, excluding parking garages.

end delete

3(b) A structure described in subdivision (a)begin insert that is an occupied
4structureend insert
shall have an automated external defibrillator (AED) on
5the premises subject to the requirements in Section 1797.196. A
6person or entity that supplies an AED pursuant to this section shall
7not be liable for any civil damages pursuant to Section 1797.196
8of this code and Section 1714.21 of the Civil Code.

9(c) begin insert(1)end insertbegin insertend insert This chapterbegin delete doesend deletebegin insert shallend insert not apply to a structure in
10subdivision (a) that is owned or operated by any local government
11entity.

begin insert

12(2) This chapter shall not apply to a health facility licensed
13under subdivision (a), (b), (c), or (f) of Section 1250 of the Health
14and Safety Code.

end insert
begin insert

15(d) This chapter shall not be construed to apply to a structure
16that is vacant or under construction or renovation.

end insert
begin insert

17(e) This chapter shall become operative on January 1, 2017.

end insert


O

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