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a. Definitions. For the purposes of this section, the following terms shall be defined as follows:
1. "Bar" means any establishment which is devoted to the sale and service of alcoholic beverages for on-premises consumption and in which the service of food, if served at all, is incidental to the consumption of such beverages.
2. "Health club" means any commercial establishment offering instruction, training or assistance or the facilities for the preservation, maintenance, encouragement or development of physical fitness or well being. "Health club" as defined herein shall include, but not be limited to health spas, sports, tennis, racquet ball, and platform tennis clubs, figure salons, health studios, gymnasiums, weight control studios, martial arts and self-defense schools or any other commercial establishment offering a similar course of physical training.
3. "Owner or operator" means the owner, manager, operator or other person having control of an establishment.
4. "Public place" means a restaurant, bar, theatre or health club.
5. "Restaurant" means any commercial eating establishment which is devoted, wholly or in part, to the sale of food for on-premises consumption.
6. "Resuscitation equipment" means (i) an adult exhaled air resuscitation mask, for which the federal food and drug administration has granted permission to market, accompanied by a pair of latex gloves and (ii) a pediatric exhaled air resuscitation mask, for which the federal food and drug administration has granted permission to market, accompanied by a pair of latex gloves.
7. "Theatre" means a motion picture theatre, concert hall, auditorium or other building used for, or designed for the primary purpose of, exhibiting movies, stage dramas, musical recitals, dance or other similar performances.
b. Resuscitation equipment required. The owner or operator of a public place shall have available in such public place resuscitation equipment in quantities deemed adequate by the department. Such equipment shall be readily accessible for use during medical emergencies. Any information deemed necessary by the commissioner shall accompany the resuscitation equipment. Resuscitation equipment shall be discarded after a single use.
c. Notice required. The owner or operator of a public place shall provide notice to patrons, by means of signs, printed material or other means of written communication, indicating the availability of resuscitation equipment for emergency use and providing information on how to obtain cardiopulmonary resuscitation training. The type, size, style, location and language of such notice shall be determined in accordance with rules promulgated by the commissioner. In promulgating such rules, the commissioner shall take into consideration the concerns of the public places within the scope of this section. If the department shall make signs available pursuant to this subdivision, it may charge a fee to cover printing, postage and handling expenses.
d. Rescuer liability limited. Any owner or operator of a public place, his or her employee or other agent, or any other person who voluntarily and without expectation of monetary compensation renders emergency treatment using the resuscitation equipment required pursuant to this section, to a person who is unconscious, ill or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that the injuries were or death was caused by gross negligence on the part of the rescuer.
e. No duty to act. Nothing contained in this section shall impose any duty or obligation on any owner or operator of a public place, his or her employee or other agent, or any other person to provide resuscitation assistance to the victim of a medical emergency.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/012.
a. The department shall refer to appropriate medical providers any person who requests assistance in blood lead screening, testing, diagnosis or treatment, and upon the request of a parent or guardian, arrange for blood lead screening of any child who requires screening and whose parent or guardian is unable to obtain a lead test because the child is uninsured or the child's insurance does not cover such screening.
b. The department shall develop a pamphlet explaining the hazards associated with lead-based paint and lead-contaminated dust and describing the procedures to be used in order for a violation of sections 27-2056.6, 27-2056.7, 27-2056.8 and 27-2056.11 of this code to be corrected. The pamphlet shall include appropriate telephone numbers to obtain lead poisoning screening, diagnosis and treatment information and to report unsafe lead-based paint work practices. Such pamphlet shall also describe building owners' responsibilities under article 14 of subchapter 2 of chapter 2 of title 27, including such building owners' responsibilities to remediate all lead-based paint hazards and underlying defects upon turnover of any dwelling unit, and such building owners' responsibilities to annually inspect any dwelling unit where a child of applicable age resides for lead-based paint hazards. Such pamphlet shall be made available in accordance with section 27-2056.9 of this code. Such pamphlet shall also be made available on the department's website and to any member of the public upon request, and shall be available in any designated citywide language, as defined by section 23-1101 of this code.
c. As part of the investigation required by section 17-911, the department shall provide to the parent or guardian of any child under the age of 18 determined to have an elevated blood lead level information regarding special education services available from the department of education.
d. Whenever a lead-based paint hazard or unsafe lead paint is identified in a dwelling unit pursuant to an investigation required by section 17-911, the department shall post in a common area accessible to all occupants of the dwelling in which the dwelling unit is located a notice regarding lead-based paint hazards, the availability of inspections pursuant to subdivision a of section 27-2056.9 and a copy of the pamphlet described in subdivision b of this section.
e. Whenever a lead-based paint hazard or unsafe lead paint is identified in a covered facility, such covered facility shall provide notice to the parent or guardian of every child attending the covered facility that a lead-based paint hazard has been identified in the covered facility. Such notice shall be provided in the same form that the results of the annual survey of lead-based paint hazards are reported to such parent or guardian, as described in section 17-924.
(Am. L.L. 2019/073, 4/14/2019, eff. 8/12/2019; Am. L.L. 2021/039, 4/18/2021, eff. 10/18/2022; Am. L.L. 2021/040, 4/18/2021, eff. 4/18/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/038 and L.L. 2004/001.
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