[ RadSafe ] NYC Proposal to Permit Radiation Detectors
Jeff Terry
terryj at iit.edu
Fri Jan 4 16:01:32 CST 2008
That is insane. Maybe, we could start hiring people to walk around
with us to
make sure that what we are doing is safe and secure at all times.
Jeff
On Jan 4, 2008, at 3:22 PM, Clayton J Bradt wrote:
>
> 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.
>
> ************************************************************************************************************
>
> 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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