[ RadSafe ] NYC Proposal to Permit Radiation Detectors

Jim Hardeman Jim.Hardeman at dnr.state.ga.us
Mon Jan 7 13:05:29 CST 2008

Dudley --
I think what you're saying then is that not only is the proposed
ordinance ill-advised -- it's also poorly written. I concur.
Jim Hardeman
Jim.Hardeman at dnr.state.ga.us 

>>> "Emer, Dudley" <EMERDF at nv.doe.gov> 1/7/2008 13:11 >>>

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


"*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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