[ RadSafe ] NYC Proposal to Permit Radiation Detectors

Emer, Dudley EMERDF at nv.doe.gov
Mon Jan 7 12:11:15 CST 2008



The proposed NYC law that I read uses the term "atmospheric detectors", where your copy has that term as "detectors" with the word "atmospheric" completely removed from all of the text. Take a look at this link and note that the verbiage is different than the text posted. I believe they are trying to regulate air monitoring equipment and not all types of detectors.  




"§10-802  Permits for possession and deployment of atmospheric biological, chemical and radiological detectors.  It shall be unlawful for any person to possess and/or deploy an atmospheric biological, chemical or radiological detector in New York City unless such person holds a valid permit therefor, provided that the commissioner may exclude by rule any atmospheric biological, chemical and radiological detector which shall not require such permit.  This section shall not apply to atmospheric biological, chemical and radiological detectors possessed and/or deployed by the department of health and mental hygiene or the fire department of the city of New York." 


Note that in their definitions they don't define the term "atmospheric radiological detector" only "radiological detector".


      "h.  The term "radiological detector" shall mean an instrument used for the purpose of monitoring the release or presence of radiation or a radiological substance."



Looking at section §10-805 b.


"b.  Any person deploying an atmospheric biological, chemical or radiological detector shall immediately notify the police department if such detector indicates the presence of a biological agent, chemical agent, radiation or radioactive substance at thresholds prescribed by the commissioner in consultation with the department of health and mental hygiene and the department of environmental protection, 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.  Such person shall comply with the instructions of police department personnel and shall cooperate in any resulting investigation."   


It would seem the effort here is to attempt to control the release of outside (non-health or fire department) data from air monitoring equipment. I would also assume you'll be arrested if you don't cooperate with whatever the police have to say.  I'd sure like to see the fine print details presented in the "procedures as are proscribed by rule of the commissioner".



Dudley Emer



Nevada Test Site - Mercury, Nv  M/S NTS306

Tel:  (702) 295-7808 - Fax:  (702) 295-7761

Pager: 7027945824 at nv.doe.gov



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