HB1279 Enrolled LRB095 09129 DRJ 29322 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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)
8     Sec. 5.25. Physical fitness facility.
9     (a) "Physical fitness facility" means the following:
10         (1) Any of the following indoor or outdoor facilities
11     that is (i) owned or operated by a park district,
12     municipality, or other unit of local government, including
13     a home rule unit, or by a public or private elementary or
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
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;
22     track and field facility; tennis court; basketball court;
23     or volleyball court; or similar facility as defined by

 

 

HB1279 Enrolled - 2 - LRB095 09129 DRJ 29322 b

1     Department rule; or such facilities located adjacent
2     thereto.
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.
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, (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 (iii) any facility owned or operated by a forest
16 preserve district organized under the Downstate Forest
17 Preserve District Act or the Cook County Forest Preserve
18 District Act or a conservation district organized under the
19 Conservation District Act , or any outdoor facility. The term
20 also does not include any facility that does not employ any
21 persons to provide instruction, training, or assistance for
22 persons using the facility.
23 (Source: P.A. 93-910, eff. 1-1-05.)
 
24     (210 ILCS 74/15)
25     Sec. 15. Automated external defibrillator required.

 

 

HB1279 Enrolled - 3 - LRB095 09129 DRJ 29322 b

1     (a) By the dates specified in Section 50, every physical
2 fitness facility must have at least one AED on the facility
3 premises. The Department shall adopt rules to ensure
4 coordination with local emergency medical services systems
5 regarding the placement and use of AEDs in physical fitness
6 facilities. The Department may adopt rules requiring a facility
7 to have more than one AED on the premises, based on factors
8 that include the following:
9         (1) The size of the area or the number of buildings or
10     floors occupied by the facility.
11         (2) The number of persons using the facility, excluding
12     spectators.
13     (b) A physical fitness facility must ensure that there is a
14 trained AED user on staff and present during all physical
15 fitness activities. For purposes of this Act, "trained AED
16 user" has the meaning ascribed to that term in Section 10 of
17 the Automated External Defibrillator Act.
18     (b-5) The Department shall adopt rules that encourage any
19 non-employee coach, non-employee instructor, or other
20 similarly situated non-employee anticipated rescuer who uses a
21 physical fitness facility in conjunction with the supervision
22 of physical fitness activities to complete a course of
23 instruction that would qualify such a person as a trained AED
24 user, as defined in Section 10 of the Automated External
25 Defibrillator Act.
26     (b-10) In the case of an outdoor physical fitness facility,

 

 

HB1279 Enrolled - 4 - LRB095 09129 DRJ 29322 b

1 the AED must be housed in a building, if any, that is within
2 300 feet of the outdoor facility where an event or activity is
3 being conducted. If there is such a building within the
4 required distance, the building must provide unimpeded and open
5 access to the housed AED, and the building's entrances shall
6 further provide marked directions to the housed AED. If there
7 is no such building, the person responsible for supervising the
8 activity at the outdoor physical fitness facility shall ensure
9 that an AED is available at the outdoor facility during the
10 time that the event or activity at the facility is being
11 conducted.
12     (c) Every physical fitness facility must ensure that every
13 AED on the facility's premises is properly tested and
14 maintained in accordance with rules adopted by the Department.
15 (Source: P.A. 93-910, eff. 1-1-05.)
 
16     (210 ILCS 74/50)
17     Sec. 50. Compliance dates; private and public indoor
18 physical fitness facilities.
19     (a) Privately owned indoor physical fitness facilities.
20 Every privately owned or operated indoor physical fitness
21 facility must be in compliance with this Act on or before July
22 1, 2006.
23     (a-5) Privately owned outdoor physical fitness facilities.
24 Every privately owned or operated outdoor physical fitness
25 facility must be in compliance with this Act on or before July

 

 

HB1279 Enrolled - 5 - LRB095 09129 DRJ 29322 b

1 1, 2009.
2     (b) Publicly owned indoor physical fitness facilities. A
3 public entity owning or operating 4 or fewer indoor physical
4 fitness facilities must have at least one such facility in
5 compliance with this Act on or before July 1, 2006; its second
6 facility in compliance by July 1, 2007; its third facility in
7 compliance by July 1, 2008; and its fourth facility in
8 compliance by July 1, 2009.
9     A public entity owning or operating more than 4 indoor
10 physical fitness facilities must have 25% of those facilities
11 in compliance by July 1, 2006; 50% of those facilities in
12 compliance by July 1, 2007; 75% of those facilities in
13 compliance by July 1, 2008; and 100% of those facilities in
14 compliance by July 1, 2009.
15     (b-5) Publicly owned outdoor physical fitness facilities.
16 A public entity owning or operating 4 or fewer outdoor physical
17 fitness facilities must have at least one such facility in
18 compliance with this Act on or before July 1, 2009; its second
19 facility in compliance by July 1, 2010; its third facility in
20 compliance by July 1, 2011; and its fourth facility in
21 compliance by July 1, 2012.
22     A public entity owning or operating more than 4 outdoor
23 physical fitness facilities must have 25% of those facilities
24 in compliance by July 1, 2009; 50% of those facilities in
25 compliance by July 1, 2010; 75% of those facilities in
26 compliance by July 1, 2011; and 100% of those facilities in

 

 

HB1279 Enrolled - 6 - LRB095 09129 DRJ 29322 b

1 compliance by July 1, 2012.
2 (Source: P.A. 93-910, eff. 1-1-05.)