Automated External Defibrillators and Oregon schools
June 19, 2012
The laws regarding districts' responsibility to have Automated External Defibrillators on school campuses changed in 2010 and 2011. Senate Bills 1033 (2010) and 242 (2011), amending ORS 431.680 and 431.690 and Senate Bill 1006 (2010) amending ORS 30.802, affecting requirements relating to Automated External Defibrillators (AED) for school district, public charter schools and community colleges. Although these laws do not explicitly mention education service districts, they could also apply to ESDs in some circumstances. Prior to the 2010 law, Oregon law required districts to comply with AED maintenance, storage, and inspection requirements. Following to the 2010 legal changes, these requirements have been removed and districts are only required to have AEDs on school campuses, buildings considered “health clubs,” and “places of public assembly” under the law. Following the 2011 legal changes, all community colleges are also required to have AEDs on campus. The following provides some helpful guidelines for interpreting these legal changes for your district.
Community colleges must currently comply with the AED law
When SB 242 became law in 2011, it required community colleges to have at least one AED on campus. Additionally, community colleges that have facilities meeting the law’s definition of “health club” or “place of public assembly” must also have an AED in those facilities.
Most schools have until 2015 to comply with the AED law
When SB 1033 became law in 2010, it gave schools until 2015 to have at least one AED on each school campus. However, schools that have facilities meeting the law’s definition of “health club” or “place of public assembly” must currently have an AED in those facilities.
Facilities should be evaluated to determine whether they are health clubs
A “health club” is any indoor facility primarily offering exercise or athletic activities for a fee, where 50 or more employees, patrons, or members utilize the facility on a typical business day. Most districts and ESDs will not have facilities qualifying as health clubs, although it is not impossible. If there is a facility qualifying as a health club on the school campus, it must currently be equipped with an AED. This is in addition to any AED already on campus.
Facilities should be evaluated to determine whether they are places of public assembly
A “place of public assembly” is a single building with 50,000 square feet of indoor floor space, where at least 50 people congregate on a normal business day to conduct business activities or for purposes of “deliberation, shopping, entertainment, amusement, or awaiting transportation.” Because “business” could be considered to be conducted in many school buildings, some school buildings may qualify as places of public assembly. Each facility qualifying as a place of public assembly on school grounds must currently be equipped with an AED. This is also in addition to any AED already on the school campus or in a facility qualifying as a public health club.
“School campus” may be interpreted to mean “the grounds and buildings of a school”
While the law does not currently provide an explicit definition of “school campus,” words of common usage typically should be given their plain, natural, and ordinary meaning. The common definition of “campus” is “the grounds and buildings of a [school].” Thus, it is also fair to say that a school campus may consist of several buildings and related facilities that require just one AED among them.
An ESD could qualified as a “school” and ESD buildings could be “places of public assembly”
ESDs are not mentioned in SB 1033, however, if ESD facilities are used to provide classes for students, such facilities could be considered “schools” and subject to the law. In addition, some ESD buildings may qualify as places of public assembly under the law. It is unlikely, however, that an ESD would have a facility qualifying as a health club.
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