[ RadSafe ] NYC Proposal to Permit Radiation Detectors

Edmond Baratta edmond0033 at comcast.net
Mon Jan 7 14:20:13 CST 2008

It appears that the City of New york has gone over the 'edge'.  Many Federal 
agencies use 'radiation detectors' in their inspections and surveillance at 
the borders, ports and airports.  The NY State Lab has portable radiaiton 
surveillance detectors.  Does this mean they can't take them into the City? 
Is this going to be a means of eventually obtaining more 'funds' when they 
decide to charge Fees?

Ed Baratta

edm0nd0033 at comccast
----- Original Message ----- 
From: "Emer, Dudley" <EMERDF at nv.doe.gov>
To: "Clayton J Bradt" <cjb01 at health.state.ny.us>; <radsafe at radlab.nl>
Sent: Monday, January 07, 2008 1:11 PM
Subject: RE: [ RadSafe ] NYC Proposal to Permit Radiation Detectors


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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