[ 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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