S T A T E O F N E W Y O R K
________________________________________________________________________
2988--A
2007-2008 Regular Sessions
I N A S S E M B L Y
January 22, 2007
___________
Introduced by M. of A. WEISENBERG, BOYLAND, PHEFFER, ZEBROWSKI --
Multi-Sponsored by -- M. of A. ALFANO, BARRA -- read once and referred
to the Committee on Health -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to requiring certain
recreational swimming facilities to retain on premises at least one
functional cardiac automated external defibrillator
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5-a of section 225 of the public health law, as
2 added by chapter 215 of the laws of 1994, is amended to read as follows:
3 5-a. The sanitary code shall provide for the supervision OF SURF
4 BEACHES CUSTOMARILY USED FOR SWIMMING OR BATHING WHICH ARE OWNED OR
5 OPERATED BY A HOMEOWNERS ASSOCIATION by persons qualified as surf life-
6 guards according to standards FOR PUBLIC SURF BEACHES established in
7 such code {for public surf beaches at surf beaches owned or operated by
8 homeowners associations in Nassau county which are customarily used for
9 swimming or bathing}. For purposes of this subdivision, "surf beaches
10 owned or operated by homeowner associations" shall include bathing
11 beaches owned and operated by a condominium which is property subject to
12 article nine-B of the real property law{,}; a cooperative, in which the
13 property is owned or leased by a corporation, the stockholders of which
14 are entitled TO USE THE BATHING BEACH solely by reason of their owner-
15 ship of stock in the corporation and occupy apartments for dwelling
16 purposes {to use the bathing beach}, provided an "offering statement" or
17 "prospectus" has been filed with the department of law{,}; or an incor-
18 porated or unincorporated property association, BY WHICH all {of whose}
19 members own residential property in a fixed or defined geographical area
20 with deeded rights to use, with similarly situated owners, a defined
21 bathing beach.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD06207-02-7
A. 2988--A 2
1 S 2. Section 225 of the public health law is amended by adding a new
2 subdivision 5-c to read as follows:
3 5-C. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (R) OF SUBDIVISION
4 FIVE OF THIS SECTION, THE SANITARY CODE SHALL:
5 (A) PROVIDE THAT ANY PUBLIC OR PRIVATE SURF BEACH OR SWIMMING FACILITY
6 WHICH IS REQUIRED BY ANY OTHER PROVISION OF LAW TO BE SUPERVISED BY A
7 SURF LIFEGUARD QUALIFIED ACCORDING TO THE STANDARDS OF SUCH CODE, SHALL
8 PROVIDE AND MAINTAIN ON-SITE AUTOMATED EXTERNAL DEFIBRILLATOR (AED)
9 EQUIPMENT, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
10 THREE THOUSAND-B OF THIS CHAPTER. SUCH SWIMMING FACILITIES AND STAFF
11 SHALL BE SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF SECTION THREE
12 THOUSAND-B OF THIS CHAPTER.
13 (B) PROVIDE THAT AT LEAST ONE LIFEGUARD TRAINED PURSUANT TO PARAGRAPH
14 (A) OF SUBDIVISION THREE OF SECTION THREE THOUSAND-B OF THIS CHAPTER IN
15 THE OPERATION AND USE OF AN AED SHALL BE PRESENT DURING ALL PERIODS OF
16 REQUIRED SUPERVISION.
17 S 3. This act shall take effect on the one hundred twentieth day after
18 it shall have become a law, provided, however, that effective immediate-
19 ly, the addition, amendment and/or repeal of any rules or regulations
20 necessary for the implementation of sections one and two of this act on
21 its effective date is authorized and directed to be made and completed
22 on or before such effective date.