[ RadSafe ] NYC Proposal to Permit Radiation Detectors

Brennan, Mike (DOH) Mike.Brennan at DOH.WA.GOV
Fri Jan 4 17:12:46 CST 2008


I try to ascribe the most positive attributes to people in all circumstances, so I will have to assume that the Council members (and staff) are breath-takingly ignorant and mind-bogglingly stupid, rather than mentally impaired or using poorly QCed drugs.  This is perhaps not the most absurd and poorly written proposed law I have ever seen, but only because there is such stiff competition.

One wonders if they talked to ANYONE about this before they came up with this.  I doubt the Commissioner of Police wants this: I doubt you could even start such a program to handle this with less than a hundred or so people and all their support equipment.  They couldn't have talked to the Public Works people, or the State people, or the Feds, as they would have pointed out that all of their equipment should be exempted, too.

If they had talked to anyone with a medical background it would have been pointed out that almost everything used to diagnose infectious diseases meets the definition.  I'd guess each hospital has thousands of items that would need to be permitted.  And they would be required to report every positive result (tens of thousand, hundreds of thousands, per day?)  Mold test kits might fit the definition.  Glass slides and microscopes probably wouldn't unless someone asked what they are being used for.

The definition connected with chemical detectors would mean that all smoke detectors, carbon monoxide detectors, natural gas detectors would have to be permitted, as well as all testers used for closed space entry, installed devices at places like dry-cleaners, even the equipment use smog-check cars.    

As for the rad portion, the number of possible permitted instruments is smaller, but no less pointless.  There is nothing in here that indicates that the Council knows about any radiation control programs that might operate in the City.  If they did, they might have a clue as to how many instruments are out there, and what they are used for.  As written on might argue that radon test kits are not covered, though electronic radon monitors clearly are.

The Commissioner can write some administrative rules to clarify, but as this stands any time someone does an operational check of they detector to see if it will alarm at the correct levels they should report it.

The last part says, "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."  Or what?  The police will take your un-permitted smoke detector away?  They will write you a ticket for your un-registered CDV-700?  They will not let you use methane detection equipment when entering a closed space?

A while ago some people were moaning about regulatory agencies and administrative law.  I submit this as an example of when politicians decide to get involved without going through a group of people who actually understand the subject and the ramifications of the rules.

Clayton's right: It really ain't pretty.

-----Original Message-----
From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On Behalf Of Clayton J Bradt
Sent: Friday, January 04, 2008 1:22 PM
To: radsafe at radlab.nl
Subject: [ RadSafe ] NYC Proposal to Permit Radiation Detectors


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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