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AB-70 Emergency response: trauma kits.(2023-2024)

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Date Published: 10/10/2023 09:00 PM
AB70:v96#DOCUMENT

Assembly Bill No. 70
CHAPTER 515

An act to amend Section 19310 of the Health and Safety Code, relating to emergency response.

[ Approved by Governor  October 08, 2023. Filed with Secretary of State  October 08, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 70, Rodriguez. Emergency response: trauma kits.
Existing law requires the person or entity responsible for managing the building, facility, and tenants of certain occupied structures, including those that are owned or operated by a local government entity, and that are constructed on or after January 1, 2023, to comply with certain requirements, including acquiring and placing at least 6 trauma kits on the premises, as specified.
This bill would apply the trauma kit requirement to certain structures that are constructed prior to January 1, 2023, and subject to subsequent modifications, renovations, or tenant improvements, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 19310 of the Health and Safety Code, as added by Chapter 586 of Statutes of 2022, is amended to read:

19310.
 (a) This chapter applies to all of the following structures, as defined in Chapter 3 of the California Building Code (Part 2 of Title 24 of the California Code of Regulations), that are constructed on or after January 1, 2023, or are constructed prior to January 1, 2023, and modified, renovated, or tenant improved, as described in subdivision (b), subsequent to that date:
(1) Group A assembly buildings with an occupancy of greater than 300.
(2) Group B business buildings with an occupancy of 200 or more.
(3) Group E educational buildings with an occupancy of 200 or more.
(4) Group F factory buildings with an occupancy of 200 or more.
(5) Group I institutional buildings with an occupancy of 200 or more.
(6) Group M mercantile buildings with an occupancy of 200 or more.
(7) Group R residential buildings with an occupancy of 200 or more, excluding single-family and multifamily dwelling units.
(b) A structure shall be considered modified, renovated, or tenant improved for purposes of subdivision (a) if the structure is subject to any of the following on or after January 1, 2024:
(1) One hundred thousand dollars ($100,000) of tenant improvements in one calendar year.
(2) One hundred thousand dollars ($100,000) of building renovations in one calendar year.
(3) Any tenant improvement for places of assembly, including auditoriums and performing arts and movie theaters.
(c) (1) This chapter also applies to a structure listed in subdivision (a) or (b) that is owned or operated by a local governmental entity.
(2) This chapter does not apply to a health facility licensed under subdivision (a), (b), (c), or (f) of Section 1250.
(3) Except for structures specified in subdivision (b), this chapter does not apply to a structure that is vacant or vacant during construction or renovation.
(4) This chapter does not apply to Department of Corrections and Rehabilitation facilities if placement poses a safety or security concern.
(d) (1) A person or entity that complies with subdivision (e) is not liable for any civil damages resulting from any acts or omissions in the rendering of emergency care by use of a trauma kit.
(2) A property managing entity is not liable for any civil damages resulting from the failure, improper operation, or malfunction of equipment or materials within a properly stocked trauma kit.
(e) In order to ensure public safety, the person or entity responsible for managing the building, facility, and tenants of any structure described in subdivision (a) or (b) that is an occupied structure shall do all of the following:
(1) Acquire and place at least six trauma kits on the premises of the building or facility in an easily accessible and recognizable container located next to an automated external defibrillator (AED) as required by Section 19300.
(2) Inspect all trauma kits acquired and placed on the premises of a building or structure every three years from the date of installation to ensure that all materials, supplies, and equipment contained in the trauma kit are not expired, and replace any expired or missing materials, supplies, and equipment as necessary.
(3) If a property managing entity or person is aware, or reasonably should be aware, that a trauma kit has been used, they shall restock the trauma kit after each use and replace any materials, supplies, and equipment as necessary to ensure that all materials, supplies, and equipment required to be contained in the trauma kit are contained in the trauma kit.
(4) At least once per year, notify tenants of the building or structure of the location of the trauma kits and provide information to tenants regarding contact information for training in the use of the trauma kit. For purposes of complying with this notification requirement, property managers may direct tenants to the Stop the Bleed national awareness campaign of the United States Department of Homeland Security or the American College of Surgeons Committee on Trauma, the American Red Cross, the Committee for Tactical Emergency Casualty Care, or any other partner of the United States Department of Defense or reputable providers. The property manager is only required to identify one potential source of training, but may choose to identify multiple sources of training.
(f) For the purposes of this section, a “local EMS agency” means an agency described in Section 1797.200.