Ordinance No. 11-24ORDINANCE NO.11-24
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH.FLORIDA,AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH BY AMENDING CHAPTER 96.·FIRE SAFETY
AND EMERGENCY SERVICES."BY ADDING SECTION
96.18."AUTOMATED EXTERNAL DEFIBRILLATOR AND
BLEEDING CONTROL KITS"TO REQUIRE
DEFIBRILLA TORS AND BLEEDING CONTROL KITS
THROUGHOUT THE CITY FOR SPECIFIC OCCUPANCIES.
OUTLINING INSTALLATION AND OPERATION
INCLUDING LOCATION REQUIREMENTS.INSPECTION
PROCEDURES,MAINTENANCE AND USE
REQUIREMENTS.,ENFORCEMENT PROCEDURES.AND
PROVIDING DEFINITIONS FOR AUTOMATED
EXTERNAL DEFIBRILLA TORS AND BLEEDING
CONTROL KITS:PROVIDING A CONFLICTS CLAUSE.A
SEVERABILITY CLAUSE.AUTHORITY TO CODIFY.
PROVIDING AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
WH E REAS,pursuant to Article VI li,Section 2 of the Florida constitution and Chapter I 66
of the Florida Statutes,the City of Delray Beach is authorized to protect the public health,safety,
and welfare of its residents and has the power and authority to enact regulations for valid
governmental purposes that are not inconsistent with general or special law:and
WH E REAS,according to the American Heart Association,devices known as Automated
External Defibrillators are proven to be safe and effective for use by lay persons in rapidly
delivering a defibrillatory shock;and Bleeding Control Kits are proven to be safe and effective for
use by lay person,and
WHEREAS.the Florida Legislature has determined that certain procedures should be
implemented to ensure proper use of Automated External Defibrillators and Bleeding Control Kits
and has enacted Section 401.2915.Florida Statutes.in furtherance of this determination:and
WHEREAS,the purpose and intent of this Ordinance is to set minimum standards for use.
maintenance,and installation of Automated External Defibrillators and Bleeding Control Kits in
certain businesses located within the City of Delray Beach,Florida:and
WHEREAS,it is the intent of the City that adoption of this Ordinance would not in any
way modify the immunity from civil liabilities established by Florida Statute 768.1325:and
WHEREAS.the City Commission has further determined that this Ordinance is in the best
interest and promotes the health,safety,and welfare of the citizens,residents,and businesses of
the City of Delray Beach.
N O W ,T H E R E FO RE ,B E IT O R D A IN E D BY T HE CITY C O M M ISSIO N OF THE CITY
O F D EL R A Y B EA C H .FL O R ID A ,A S FO LL O W S:
Section I.The above recitals are tru e and correct and are hereby incorpora ted into this
O rdinance as if fu lly restated herein.
Section2.C hapter 96."F ire Safe ty and Em ergency Services".Section 96.18
"A utom ated Extern al D efibrillator (A ED )and Bleeding C ontro l K its"of the C ode of Ordinances
of the City of D elra y Beach,Florida is hereby am ended as fo llow s:
Sec.96.18 -A utom ated Extern al D efibrillator and Stop the B leed kits.
(A )A utom ated extern al defi brillators and bleeding contro l kits shall be installed in the
fo llow ing buildings located w ithin the geogra phical boundaries of the city of Delra y
B each:
(I)Fitness centers.gym nasi um s.and indoor recreational centers in excess of one
thousand five hundred (1,500)square fe et.
(2)Theaters,restaura nts,drinking establishm ents,with a capacity of one hundred
(10 0)o r greater.
(3)Places of w orship w ith a capacity of one hundred (I 00)or greater.
(4 )O ffice buildings and any business occupancies with a square fo otage greater
than tw enty thousand (20.000)square fe et.
(5)A II D ental offi ces in accordance w ith Florida Adm inistra tive C ode 648 5-
17.0 15 .
(6)A I]adult day care fa cilities
7)A Il charter and private schools.
(8)A ssisted living fa cili ties as defined by section 429021(5)Florida Statute as
am ended fr om tim e to tim e.
(9)A mb ulatory surgical centers as defined by section 395.002 (3)Florida Statute
as am ended from tim e to tim e.
(IO )W alk in m edical care fa cilities.
(II)H ospitals providing em ergency services,including freestanding facilities,
shal I be excluded.
(I2 )C om m ercial and retail _spaces w ith a square fo otage greater than thirty-fiye
thousand (35,000)square feet
(13 )A ll hotels and m otels.
(14)M ulti-story residential d ormi tory buildings five ()floors or m ore
(B )M ulti story occupancies listed above shall place an A E D on every other floor beginning
on the fir st floor.T he A ED shall be placed near the elevator(s)beginning in the fir st-
floor lobby (fir st floor.third floor.fifth floor etc.)
(C )B uildings that contain m ore than one (l)autom ated extern al defibrillator device shall
be required to have a bleeding contro l kit located with each defibrillator device.
(O )Installation and O peration.
(I)Fire M arshall or D esignee shall inspect all autom ated extern al defibrillator
devices and bleeding contro l kits fo r opera tion prior to being placed in service
or available fo r use.and on an annual basis.
(2)A utom ated extern al defibrillator devices shall be:
1.C onspicuously located in plain view of the prim ary public entra nce.
w ith unobstructed access:
11.H oused in a cabinet w ith a clear window in the door,an audible alarm
signaling the opening of a door,perma nently affixed to a wall,and the
top should be no m ore than fo rty-eight (48)inches above the floor;
111.Located below a sign having a m inim um area of seventy (70)square
inches and containing the letters "A E D "and the universally
recognizable symb ol_w hich shall be placed no m ore than sixty (60)
inches.on ce nter.above the floor;
iv.Readily accessible and imm e diately available when _needed fo r on-site
em ployees and the genera l public_including disabled persons;and
v.Placed near the elevator(s)in the fir st-floor lobby,if the building
contains an elevator.
(3)B leeding contro l kits shall be located in the sam e cabinet as the autom ated
extern al defibrillator devices.If that is not feasible.then,the bleeding contro l
kits shall be located in one (1)of the fo llow ing locations:
1.Conspicuously located in plain view of the prim ary public entrance,
with unobstructed access:
11.H oused in a cabinet with a clear window in the door.an audible alann
signaling the opening of a door,permanently affixed to a wall_and
whose top is no m ore than fo rty-eight (48)inches above the floor:
iii.Located below a sign having a m inimu m area of seventy (70)_square
inches and containing the letters "A ED"and the universally
recognizable symb ol,which shall be place d no m ore than sixty (60)
inches.on center,above the floor:
iv.R eadily accessible_and imm ediately available when_n eeded fo r on-site
em ployees and the genera l public,including disabled persons:and
v.Placed near the elevator(s)in the fir st floor lobby,if the building
contains an elevator.
(4)A utom ated extern al defibrillator devices shall contain adult and pediatric pads
and bandage scissors.
(5)A ll autom ated extern al defibrillator devices shall be used in accordance with
the m anufa cturer's guidelines.
(6)It shall be the responsibility of the owner of the building to:
1.Install autom ated extern al defibrillator devices and bleeding contro l
kits:
11.Pro vide all nece ssary tra ining fo r appro priate use of autom ated
defibrillator devices and bleeding contro l kits:and
111.M aintain autom ated extern al defibrillator devices and bleeding contro l
kits in accordance with m anufa cturer's recom m ended m aintenance
requirem ents and as required herein.
(7)If an autom ated extern al defibrillator device or bleeding contro l kit is rem oved
fo r repair.a replacem ent shall be pro vided.
(8)Penalties:lt shall constitute a violation of the C ity Code.punishable as pro ,·ided
in Sec.37.36 to:
1.Render an autom ated extern al defibrillator device or bleeding co ntro l
kit inopera tive except during such tim e as the autom ated extern al
defibrillator de vice or bleeding contro l kit is being serviced,tested,
repaired,or recharged,except pursuant to court order;
ii.Obliterate the serial number on an automated external defibrillator
device or bleeding contro l kit _for purposes of fa lsify ing service records;
111.Im pro perly service .recharge.repair.test.or inspect an autom ated
extern al defibrillator device or bleeding contro l kit:or
iv.U se the inspection certificate of another person or hold an inspection
certificate and allow another person to use said inspection certificate
num ber.
v.Fail to install or rem ove an autom ated extern al defibrillator device or
bleeding contro l kit required by section 96.18.
(9)A ppl icability;Aft er the effective date of this article,the owner of any new
building constru cted required to have an autom ated extern al defibrillator device
and bleeding contro l kit shall com ply with this article.
Section 3.A ppendix A."Definitions",of the Land Developm ent Regulations of the
City of D elra y B each is hereby am ended as fo llow s:
A U T O M A TE D EXTERNA L DEFIBR ILLA T O R :A lifesaving device that is I.com m ercially
distributed in accordance with the Federa l Fo od.Dru g.and Cosm etic Act.2.is capable of
recognizing the presence or absence of ventricular fibrillation and is capable of determ ining
w ithout intervention by the user of the device whether defibrillation should be perform ed,and3.
upon determi ning that defibrillation should be perform ed,is able_to deliver an electrical shock to
an individual.
B LEED IN G CO N TRO L KIT :a collection of equipm ent specified by the fir e departme nt and
housed in a container that displays the universal m edical sym bol that is used to attem pt to contro l
bleeding fr om a patient w ho has suffered_a tra um atic injury.The fir e departm ent_m ay update the
list of equipm ent as necessary.
Section4 Should any section or provision of this Ordinance or any portion thereof.
any para gra ph,sentence,or word be declared by a C ourt of com petent jurisdiction to be invalid.
such decision shall not affect the validity of the rem ainder hereof as a w hole or part thereof other
than the part declared to be invalid.
Section 5.
are hereby repealed.
Section 6.
O rdinance .
A ll ordinances or parts of ordinances in conflict herew ith be and the sam e
Specifi c authority is hereby given to the C ity C lerk to codify this
Section 7.This O rdinance shall becom e effective and enfo rceable eighteen m onths
aft er its passage on second and final reading.
~E D A N D A D O PTED in regular session on second and final reading on this f!!!:day
"7fa .a
ATTEST:~
.C ity Clerk T hom as F.C am ey Jr.
Fist R eading 5/7/c4
seso@ Resin e //6/zaé
CIT Y OF DELRA Y BEACH
CIT Y ATTORNEY'S OFFICE
200 NW 1 Avenue,Delray Beach,FL 33444
561-243-7090
LEGAL REVIEW FORM
This form is to be used solely for the legal reviewof documents not including procurement agreements.Procurement
.lgreements are reviewed under a separate cover.This form shall only be completed by a member of the Cit
.\torne's Office.
Document Name:ORDINANCE NO.1-24
Date of Review:1/24/24
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING
CHAPTER 96."FIRE SAFETY AND EMERGENCY SERVICES."BY ADDING SECTION 96.18.
AUTOMATED EXTERNAL DEFIBRILLATOR AND BLEEDING CONTROL KITS"TO REQUIRE
DEFIBRILLATORS AND BLEEDING CONTROL KITS THROUGHOUT THE CITY FOR SPECIFIC
OCCUPANCIES,OUTLINING INSTALLATION AND OPERATION INCLUDING LOCATION
REQUIREMENTS,INSPECTION PROCEDURES,MAINTENANCE AND USE REQUIREMENTS,
ENFORCEMENT PROCEDURES,AND PROVIDING DEFINITIONS FOR AUTOMATED EXTERNAL
DEFIBRILLATORS AND BLEEDING CONTROL KITS;PROVIDING A CONFLICTS CLAUSE,A
SEVERABILITY CLAUSE,AUTHORITY TO CODIFY,PROVIDING AN EFFECTIVE DATE AND FOR
OTHER PURPOSES.
Document Type:Ordinance
Submitted by:Chief Joseph Mazzeo
]x/This document is approved as to form and legal sufficiency.
D This document is approved as to form and legal sufficiency;however,the undersigned made the
following change(s):
D This document is not approved as to form and legal sufficiency for the following reason(s):
s/Kelly W.Brandon.Esq.
Attorney
Copy to:
_City Attorney 's Office (with a copy of the approved document)