[ 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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