Automated external defibrillators., the official text

An act to amend Section 19300 of the Health and Safety Code, relating to public safety.

LEGISLATIVE COUNSEL'S DIGEST

Existing law requires specified occupied structures that are constructed on or after January 1, 2017, or constructed before that date and subject to subsequent modifications, to have an automated external defibrillator (AED), as specified. Existing law exempts specified structures from these requirements, including structures that are owned or operated by any local government entity and specified health facilities. Existing law specifies that a structure with an existing AED in the common area of the structure meets the above-described requirement to have an AED without the installation of another AED. Existing law requires a person or entity that acquires an AED to, among other things, notify an agent of the local emergency medical services agency of the existence, location, and type of AED acquired, ensure that the AED is maintained and tested according to the manufacturer’s guidelines, and ensure that the AED is tested at least biannually and after each use. Existing law provides that a person or entity that acquires an AED is not liable for civil damages resulting from the act or omission in the rendering of emergency care if certain requirements relating to the operation and maintenance of an AED are met.
This bill would additionally require the specified structures described above to have an AED if that structure serves a population of adults 55 years of age or older and has the capacity to serve 50 or more adults 55 years of age or older.

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

SECTION 1.
Section 19300 of the Health and Safety Code is amended to read:
19300.
(a) This chapter applies to all of the following structures, as defined in Chapter 3 (commencing with Section 301.1) of Part 2, the California Building Code, of Title 24, the California Building Standards Code, of the California Code of Regulations, that are constructed on or after January 1, 2017, or are constructed prior to January 1, 2017, and modified, renovated, or tenant improved, as described in subdivision (b), subsequent to that date:
(1) Group A assembly buildings with an occupancy of greater than 300.
(2) Group B business buildings with an occupancy of 200 or more.
(3) Group E educational buildings with an occupancy of 200 or more.
(4) Group F factory buildings with an occupancy of 200 or more.
(5) Group I institutional buildings with an occupancy of 200 or more.
(6) Group M mercantile buildings with an occupancy of 200 or more.
(7) Group R residential buildings with an occupancy of 200 or more, excluding single-family and multifamily dwelling units.
(b) A structure shall be considered modified, renovated, or tenant improved for purposes of subdivision (a) if the structure is subject to any of the following on or after January 1, 2020:
(1) One hundred thousand dollars ($100,000) of tenant improvements in one calendar year.
(2) One hundred thousand dollars ($100,000) of building renovations in one calendar year.
(3) Any tenant improvement for places of assembly, including auditoriums and performing arts and movie theaters.
(c) (1) The following occupied structures shall have an automated external defibrillator (AED) on the premises subject to the requirements in Section 1797.196:
(A) A structure described in subdivision (a) or (b).
(B) Notwithstanding the occupancy rates listed in subdivision (a), the structure is of a type described in subdivision (a), serves a population of adults 55 years of age or older, and has the capacity to serve 50 or more adults 55 years of age or older.
(2) A person or entity that acquires an AED for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if that person or entity has complied with subdivision (b) of Section 1797.196.
(d) (1) This chapter shall not apply to a structure in subdivision (a) or (b) that is owned or operated by any local government entity.
(2) This chapter shall not apply to a health facility licensed under subdivision (a), (b), (c), or (f) of Section 1250 of the Health and Safety Code.
(e) If there is an existing AED in the common area of the structure, the requirements of this section are met without the installation of another AED.
(f) Except for structures specified in subdivision (b), this chapter shall not be construed to apply to a structure that is vacant or under construction or renovation.