Public Act 095-0712
 
HB1279 Re-Enrolled LRB095 09129 DRJ 29322 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Physical Fitness Facility Medical Emergency
Preparedness Act is amended by changing Sections 5.25, 15, and
50 as follows:
 
    (210 ILCS 74/5.25)
    Sec. 5.25. Physical fitness facility.
    (a) "Physical fitness facility" means the following:
        (1) Any of the following indoor or outdoor facilities
    that is (i) owned or operated by a park district,
    municipality, 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
    indoor facilities: a swimming pool; stadium; 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; or such facilities located adjacent
    thereto.
        (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.
    (b) "Physical fitness facility" does not include a facility
serving less than a total of 100 individuals, 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 , or any outdoor facility. The term
also does not include any facility that does not employ any
persons to provide instruction, training, or assistance for
persons using the facility.
(Source: P.A. 93-910, eff. 1-1-05.)
 
    (210 ILCS 74/15)
    Sec. 15. Automated external defibrillator required.
    (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
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
that include the following:
        (1) The size of the area or the number of buildings or
    floors occupied by the facility.
        (2) The number of persons using the facility, excluding
    spectators.
    (b) A physical fitness facility must ensure that there is a
trained AED user on staff and present during all physical
fitness activities. For purposes of this Act, "trained AED
user" has the meaning ascribed to that term in Section 10 of
the Automated External Defibrillator Act.
    (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
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
access to the housed AED, and the building's entrances shall
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.
    (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.
(Source: P.A. 93-910, eff. 1-1-05.)
 
    (210 ILCS 74/50)
    Sec. 50. Compliance dates; private and public indoor
physical fitness facilities.
    (a) Privately owned indoor physical fitness facilities.
Every privately owned or operated indoor physical fitness
facility must be in compliance with this Act on or before July
1, 2006.
    (a-5) Privately owned outdoor physical fitness facilities.
Every privately owned or operated outdoor physical fitness
facility must be in compliance with this Act on or before July
1, 2009.
    (b) Publicly owned indoor physical fitness facilities. A
public entity owning or operating 4 or fewer indoor physical
fitness facilities must have at least one such facility in
compliance with this Act on or before July 1, 2006; its second
facility in compliance by July 1, 2007; its third facility in
compliance by July 1, 2008; and its fourth facility in
compliance by July 1, 2009.
    A public entity owning or operating more than 4 indoor
physical fitness facilities must have 25% of those facilities
in compliance by July 1, 2006; 50% of those facilities in
compliance by July 1, 2007; 75% of those facilities in
compliance by July 1, 2008; and 100% of those facilities in
compliance by July 1, 2009.
    (b-5) Publicly owned outdoor physical fitness facilities.
A public entity owning or operating 4 or fewer outdoor physical
fitness facilities must have at least one such facility in
compliance with this Act on or before July 1, 2009; its second
facility in compliance by July 1, 2010; its third facility in
compliance by July 1, 2011; and its fourth facility in
compliance by July 1, 2012.
    A public entity owning or operating more than 4 outdoor
physical fitness facilities must have 25% of those facilities
in compliance by July 1, 2009; 50% of those facilities in
compliance by July 1, 2010; 75% of those facilities in
compliance by July 1, 2011; and 100% of those facilities in
compliance by July 1, 2012.
(Source: P.A. 93-910, eff. 1-1-05.)