New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 303 - Automated External Defibrillation › Section 303.2 - Implementation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each State
					 agency shall comply with the provisions of Public Health Law, section
					 3000-b.
(b) Each State agency shall
					 endeavor to provide and maintain on-site at each of its public buildings a
					 sufficient number of functional cardiac AED devices, and shall endeavor to
					 provide a sufficient number of trained AED operators for emergencies, in
					 accordance with these regulations, unless conditions exist in a certain
					 structure that prevent a State agency from reasonably complying with the
					 requirements of these regulations.
(c) Each agency will be responsible for the
					 phased-in installation of AEDs in its respective facilities. Such phase-in
					 period shall not extend beyond March 31, 2010, absent extraordinary
					 circumstances that warrant a longer phase-in period. Any such extraordinary
					 circumstances resulting in exemption from or noncompliance with these
					 regulations shall be detailed in the agency's report pursuant to subdivision
					 (h) of this section.
(d) In the
					 event that a specific building space is shared between agencies, then memoranda
					 of understanding (MOU) may be made between such agencies relative to the
					 development and funding of an AED program for the shared space, as well as the
					 joint administration of all aspects of the AED program.
(e) Notwithstanding any other provision of
					 this Part, a State agency is located in building space owned or managed by OGS,
					 OGS will be responsible for installing AEDs in the building and for managing
					 AED maintenance and AED operator training. Otherwise, it shall be the
					 responsibility of the agency occupying OGS space to comply with all other
					 provisions of this Part, including recruiting agency personnel as AED operators
					 and coordinators.
(f) In the case
					 of public buildings owned and/or managed by an agency other than OGS, or public
					 buildings managed by OGS by virtue of an agreement with another agency or a
					 private entity, the occupying agencies will be responsible for the installation
					 of AEDs in the building and for the management of AED maintenance and AED
					 operator training.
(g) If an agency
					 operates a medical facility that provides alternative services for the purpose
					 of addressing emergency defibrillation, that agency shall file with the
					 commissioner a written notification explaining how the medical facility
					 addresses emergency defibrillation in a sufficient manner so as to be
					 consistent with the health and safety objectives of these regulations. Agencies
					 operating such an alternative services plan which has been approved by DOH will
					 be deemed to have fulfilled the requirements of sections
					 303.5,
					 303.6,
					 303.7, and
					 303.8 of this Part respecting the
					 public buildings at which the alternative services plan is effective. Upon
					 receipt of such written notification(s), the commissioner will provide the
					 agency with an acknowledgment of receipt, and will also provide a copy of such
					 written notification(s) to DOH.
(h)
					 From the date of adoption of these regulations, each State agency shall
					 commence the planning process for implementation of an AED program. By April 1,
					 2006 all State agencies shall file with the commissioner a written report
					 setting forth the details of the agency's AED program plan. The report shall
					 include specific reference to the individual requirements set out in these
					 regulations, including, but not limited to, a proposed schedule for
					 implementation at each public building. If an agency has previously commenced
					 an AED program in its buildings, then that agency's report should identify
					 those buildings that currently have AEDs and should demonstrate how those
					 buildings comply with the standards promulgated in these regulations. All such
					 reports shall be updated annually, commencing April 1, 2007, and shall detail
					 the status of the agency's AED program respecting compliance with these
					 regulations. Once full implementation is achieved, such annual reports shall be
					 required only for years in which substantive changes to the agency's plan or
					 its compliance therewith have developed. Upon receipt of such report(s), the
					 commissioner will provide the agency with an acknowledgment of receipt, and
					 will also provide a copy of such report(s) to DOH. A State agency may commence
					 installation of AEDs prior to submitting its written report to the
					 commissioner.
(i) If during the
					 process of developing its AED program, a State agency is unable to fulfill all
					 the requirements of these regulations at its public buildings as a result of
					 insufficient staff or other restrictive conditions, a written report explaining
					 the reasons for such circumstances shall be provided to the commissioner. A
					 State agency shall include in such report an alternative implementation program
					 designed to provide AED protection at the public building(s) referenced in the
					 report or an explanation as to why there is no feasible method of
					 implementating an AED program for the subject public building(s). The filing of
					 such an explanatory report shall temporarily suspend an agency's obligation to
					 fulfill other requirements of this Part for such public building(s) until the
					 underlying prohibitive condition(s) may be corrected. Upon receipt of such
					 report(s), the commissioner will provide the agency with an acknowledgment of
					 receipt, and will also provide a copy of such report(s) to DOH.