There is a hearing on Friday, February 10, 2006 at 2:30 p.m. in room 016 on a bill of interest to community associations before the Senate Health Committee before Chair, Sen. Rosalyn H. Baker and Senate Judiciary Committee before Chair, Sen. Colleen Hanabusa. The hearing notice discusses the following bill of interest to community associations:

SB 2639 will require community associations (among others) to have automatic external defibrillators under certain situations including:

  • If it employs 100 or more employees;
  • If a project contains a physical fitness facility; or
  • If it constitutes a residential building under the bill.
Some of the definitions are unclear. For instance, physical fitness facility is an indoor facility including a swimming pool, stadium, athletic field, track, tennis court, basketball court, or volleyball court, that:

  • Is supervised by one or more persons, other than maintenance or security personnel, employed to provide supervision, instruction, training, or assistance to persons using the facility; or
  • Provides services or facilities focusing primarily on cardiovascular exertion.
Arguably, an aerobics room or an exercise room with a treadmill would qualify as a physical fitness facility and would require the association to have automatic external defibrillators and trained operators. Residential buildings in which space is let by the owner or operator to one hundred or more unrelated persons would be required to have automatic external defibrillators and trained operators. It’s not clear how the courts would treat community associations with more than 100 unrelated persons. Although the law would likely increase the number of associations required or arguably required to have automatic external defibrillators, they can be an effective tool in saving lives. The good news is that the bill would expand the “Good Samaritan” exemption from liability so that individuals do not need to be trained by a program administered by a physician to qualify for the exemption from liability.

Persons wishing to testify should submit 25 copies of their testimony to the committee clerk, Room 220, State Capitol, 24 hours prior to the hearing. Testimony may also be faxed if less than 5 pages in length, to the Senate Sergeant-At-Arms Office at 586-6659 or 1-800-586-6659 (toll free for neighbor islands), at least 24 hours prior to the hearing. When faxing, please indicate to whom the testimony is being submitted, the date and time of the hearing, and the required number of copies needed for submittal.