[ RadSafe ] NYC Proposal to Permit Radiation Detectors

Fri Jan 4 15:22:04 CST 2008

Below is the text of a proposed law before the NYC Council that, as
written, could require all radiation detectors in NYC to be permitted by
the Commissioner of Police. It would set technical specifications for
detectors to meet in order to be permitted, and would require that each
alarm indicating  the presence of radiation or radioactive material be
reported immediately to NYPD.

A public hearing on the proposal is scheduled for Tuesday, January 8.
RADSAFERs located in NYC may want to comment on this.  It certainly seems
that this could very much complicate the lives of everyone who handles
radioactive materials or makes use ionizing radiation in NYC, whether or
not they are licensees of the City  or State Departments of Health or the
NRC.

It aint pretty.

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                              Int. No. 650-A

By Council Members Vallone Jr., Addabbo Jr., Comrie, Fidler, Gentile,
James, Nelson, Recchia Jr., Stewart, Weprin and White Jr. (by request of
the Mayor)

A Local Law to amend the administrative code of the city of New York, in
relation to permits for biological, chemical and radiological detectors
.

Be it enacted by the Council as follows:

      Section 1.  Legislative purposes.  The Council recognizes the need to

protect  the  citizens  of  New  York  City from possible terrorist attacks

involving   chemical,  biological,  radiological,  or  nuclear  devices  or

weapons.  As part of this effort, the Council understands the importance of

the  deployment  of  certain instruments designed to detect the presence of

certain  chemicals,  biological  agents,  and radiation in the environment.

While  the  proliferation  of  these  capabilities may represent a positive

development  in  furthering  public  safety,  such  instruments  should  be

deployed  and operated only with the knowledge of the Police Department and

other appropriate City agencies.  Moreover, the City has an interest in the

reliability and effectiveness of these instruments so that their deployment

will  not  cause  excessive  false  alarms  and  unwarranted anxiety that a

large-scale  public  emergency  is occurring.  Therefore, the Council finds

that,  to  further  the  public  safety,  the  possession and deployment of

biological,  chemical and radiological detectors should be regulated by the

issuance  of  permits  and the promulgation of standards for such detectors

and  their  use,  and  that  alarms  triggered  by such detectors should be

immediately reported according to prescribed procedures.

      § 2.  Title 10 of the administrative code of the city of New York is

amended by adding a new chapter 8 to read as follows:

                                 CHAPTER 8

        PERMITS FOR BIOLOGICAL, CHEMICAL AND RADIOLOGICAL DETECTORS

      § 10-801 Definitions.

      § 10-802 Permits for possession or deployment of biological, chemical

and radiological detectors.

      § 10-803 Application for permit.

      § 10-804 Permit term.

      § 10-805 Notifications.

      § 10-806 Coordination.

      § 10-807 Rules.

      § 10-808 Penalties.

      §  10-801  Definitions.   For  the  purposes  of  this  chapter,  the

following terms shall have the following meanings.

      a.   The  term  “alarm” shall mean any alarm or other indication of a

biological,  chemical  or radiological detector that indicates the presence

of  a  biological agent, chemical agent, radiation or radioactive substance

at  the  level  or  levels  prescribed  pursuant  to section 10-807 of this

chapter.

      b.   The  term  “biological  agent”  shall  mean  any micro-organism,

including  bacteria  and  viruses,  or structural components or products of

such    micro-organisms,    including   toxins,   whether   engineered   or

naturally-occurring,  that  are  capable of causing death, disease or other

biological  malfunction in a living organism, deterioration or poisoning of

food or water,  or deleterious alteration of the environment.

      c.   The term “biological detector” shall mean an instrument used for

the purpose of monitoring the release or presence of one or more biological

agents,  including  an  instrument  which  samples  the atmosphere for such

purpose.

      d.  The term “chemical agent” shall mean a chemical which through its

chemical  action on life processes can cause death, serious physical injury

or permanent harm to humans or animals and shall include but not be limited

to  toxic industrial chemicals and chemical warfare agents as identified by

the commissioner.

      e.   The  term  “chemical detector” shall mean an instrument used for

the  purpose  of monitoring the release or presence of one or more chemical

agents,  including  an  instrument  which  samples  the atmosphere for such

purpose.

      f.  The term “commissioner” shall mean the police commissioner of the

city of New York or his or her designee.

      g.   The  term  “deploy”  shall  mean  use  or  operate a biological,

chemical  and radiological detector, and “deployment” shall mean the use or

operation of such a detector.

      h.    The   term  “permit”  shall  mean  the  permit  issued  by  the

commissioner  for  possession  or  deployment  of a biological, chemical or

radiological detector.

      i.   The  term  “radioactive  substance”  shall mean a substance that

emits ionizing radiation including alpha, beta, gamma or neutron radiation.

      j.   The  term  “radiological detector” shall mean an instrument used

for  the  purpose  of  monitoring the release or presence of radiation or a

radioactive  substance.

      § 10-802 Permits for possession or deployment of biological, chemical

and  radiological  detectors.   a.   It shall be unlawful for any person to

possess  or  deploy  a biological, chemical or radiological detector in the

city of New York unless such person holds a valid permit therefor, provided

that  the  commissioner  in  his  or her discretion may exclude by rule any

class  or  type of biological, chemical or radiological detector that shall

not  require  such  permit  because  requiring  a permit therefor would not

further the purposes of this chapter.

      b.   This  section  shall  not  apply  to  biological,  chemical  and

radiological detectors:

      (1)  possessed  or  deployed  by  the department of health and mental

hygiene,  the  fire  department, or any other city agency authorized by the

commissioner  to  possess  or deploy a biological, chemical or radiological

detector without a permit; or

      (2) possessed by any person, without deployment, for the sole purpose

of  (i)  selling  such detector to another person for deployment by another

person or (ii) transporting such detector from one location to another.

      §  10-803  Application  for  permit.  a.  Application for a permit to

possess  or  deploy a biological, chemical or radiological detector, or for

renewal of such permit, shall be made to the commissioner upon such form as

the  commissioner shall prescribe and shall contain such information as the

commissioner   may  require,  including  but  not  limited  to  a  detailed

description  of  the  biological,  chemical  or radiological detector to be

possessed  or deployed, the manner in which such detector will be installed

and maintained, the manner by which such detector will indicate or transmit

an  alarm,  and the proposed emergency action plan to be implemented in the

event  of  an  alarm.  Applicants shall affirm the truth of the contents of

the application under penalty of perjury.

      b.  There shall be no fee required for processing such application.

      c.  The commissioner shall review the application and investigate the

information  contained therein, requesting and receiving from the applicant

any  further  information as may be necessary for his or her determination.

The  commissioner  may consult as appropriate with other city agencies with

respect  to such application or investigation, including but not limited to

the  department  of  health and mental hygiene, the fire department and the

department of environmental protection.

      d.   Applicants  also  may  be  required  to  meet  with  the  police

department  and  other  appropriate  city  agencies  in order to coordinate

potential  emergency  responses  to  an alarm indicated or transmitted by a

biological, chemical or radiological detector.

      e.   An  application  for  a  permit  or  for renewal thereof will be

approved  and  a  permit  will  be  issued by the commissioner if he or she

determines   that   the   application   and  the  biological,  chemical  or

radiological  detector to be possessed or deployed meet the requirements of

this  chapter  and  any  rules promulgated hereunder.  Such permit shall be

issued  upon  such  terms  and  conditions  the commissioner may prescribe,

including  but  not limited to the requirements set forth in section 10-807

of this chapter.  If the application is disapproved, the commissioner shall

so notify the applicant, including any reasons for the disapproval.

      § 10-804 Permit term.  A permit issued pursuant to this chapter shall

expire  on  the  last day of the fifth December after the date of issue and

may  be  renewed  for  five-year  terms  thereafter  by  submission  of  an

application for renewal as described in section 10-803 of this title.

      §  10-805  Notifications.   a.  Following issuance of the permit, the

permit  holder  shall  immediately  notify the commissioner of any material

change in the information contained in the application or of other relevant

circumstances  established  by  rule of the commissioner, including but not

limited  to  the  acquisition  of  a  biological,  chemical or radiological

detector different from the detector for which the permit was issued.  Upon

notification  of such change, the commissioner may suspend, revoke or amend

the  permit  and/or  direct that the holder submit an application for a new

permit.

      b.   Any  person  deploying  a  biological,  chemical or radiological

detector  shall  immediately  notify the police department if such detector

indicates  an  alarm, notwithstanding whether the person holds a permit for

such  detector,  by  following such procedures as are prescribed by rule of

the commissioner and/or are included as a term of the permit itself.

      §  10-806  Coordination.   With  respect  to biological, chemical and

radiological detectors possessed or deployed within the city of New York by

local,   state,   regional,  federal  or  foreign  government  agencies  or

authorities, or as an element of programs or initiatives undertaken by such

agencies or authorities, the commissioner shall be authorized to coordinate

such activities and request and receive such information as is necessary to

carry out this function.

      §  10-807  Rules.   a.   The commissioner is authorized to promulgate

such rules as he or she deems necessary to implement the provisions of this

chapter.

      b.   To  promote the legislative purposes of this chapter, such rules

may include but are not limited to:

      (1)  minimum technical standards and capabilities that must be met by

biological,   chemical   and   radiological  detectors,  as  determined  in

consultation  with  other  appropriate  city  agencies,  including  but not

limited  to  the  department of health and mental hygiene and department of

environmental protection;

      (2)  requirements relating to the manner in which such detectors will

indicate or transmit an alarm;

      (3)  the thresholds of an indicated biological agent, chemical agent,

radiation  or radioactive substance, as determined in consultation with the

department of health and mental hygiene and the department of environmental

protection,  at  which the police department must be notified by the permit

holder or other action by such permit holder must be taken;

      (4) requirements relating to the installation and maintenance of such

detectors;

      (5) requirements relating to the means by which the police department

will be notified in the event of an alarm;

      (6)  emergency  response protocols and any other requirements for the

emergency action plan to be implemented in the event of an alarm, including

a  requirement  that  permit holders comply with the instructions of police

department personnel and cooperate in any investigation resulting from such

alarm;

      (7)  requirements relating to the character and fitness of applicants

to possess or deploy such detectors;

      (8)  requirements  relating  to  the responsibility of applicants and

permit  holders  to  provide additional information upon material change to

information  contained in the permit application or circumstances affecting

the permit;

      (9)  circumstances  under  which  the  commissioner  may direct those

possessing  or deploying a biological, chemical or radiological detector to

surrender possession and/or discontinue deployment of such detector; and

      (10)  the  grounds for the refusal to issue, revocation or suspension

of  a permit and the procedures to be followed in the event of such refusal

to issue, revocation or suspension.

      §  10-808  Penalties.   a.   Any person who violates subdivision a of

section  10-802  or  section 10-805 of this chapter or any rule promulgated

pursuant   to  section  10-807  of  this  chapter  shall  be  guilty  of  a

misdemeanor.

      b.   The  commissioner may suspend or revoke a permit upon his or her

determination   that:    (1)  an  application  contains  a  material  false

statement;  (2)  the  permit  holder  or his or her authorized employees or

agents  have  failed  to  comply  with  this chapter, the rules promulgated

hereunder,  or  the  terms  and conditions of a permit; (3) the biological,

chemical  or radiological detector for which a permit was issued has failed

to  be  in compliance with such chapter, rules or permit; or (4) the permit

holder  or  his or her authorized employees or agents have failed to comply

with  the  instructions  of  the  police  department  or  cooperate  in any

investigation  relating  to  the  permit  or to the biological, chemical or

radiological detector for which a permit was issued.

      § 3.  This local law shall take effect immediately and shall apply to

all biological, chemical or radiological detectors possessed or deployed on

or  after  the  effective date of the rules promulgated pursuant to section

10-807  of  the  administrative  code  of the city of New York, as added by

section  two  of  this local law; provided, however, that no enforcement of

the  requirement  of  a  permit  for  the  possession  or  deployment  of a

biological, chemical or radiological detector pursuant to section 10-802 of

the administrative code of the city of New York, as added by section two of

this  local  law, shall take place with respect to any biological, chemical

or  radiological  detector  possessed  or deployed by any person before the

effective date of such rules if such person:

      (a)  notifies  the  police  commissioner,  no  later  than  five days

following  the  effective  date of such rules in accordance therewith, that

such   person   possesses   or  is  deploying  a  biological,  chemical  or

radiological detector; and

      (b) submits a complete application for a permit for the possession or

deployment  of such detector to the police commissioner pursuant to section

10-803  of  the  administrative  code  of the city of New York, as added by

section  two  of  this  local  law, no later than twenty days following the

effective  date of such rules or twenty days following the date application

forms  have  been made available by the police commissioner, whichever date

is later.

      Any  person who timely notifies the police commissioner in accordance

with  paragraph  (a)  of  this section shall be subject to the requirements

applicable  to  a  permit holder set forth in chapter eight of title ten of

the administrative code of the city of New York, as added by section two of

this  local  law,  until such time as such person fails to timely submit an

application  in  accordance  with  paragraph  (b)  of  this section or such

person’s  application  for  a  permit  is  denied.  If such person fails to

timely  submit  an  application  in  accordance  with paragraph (b) of this

section  or  such  person’s application for a permit is denied, such person

shall no longer be authorized to possess or deploy the biological, chemical

or  radiological  detector and shall discontinue the deployment and dispose

of  such  detector  in  accordance  with  the rules promulgated pursuant to

section 10-807 of the administrative code of the city of New York, as added

by section two of this local law.

      *****************************************************************************************************

Clayton J. Bradt
Assistant Bureau Director
BERP
NYS Dept. of Health
518-402-7550

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