§ 175.100 Incorporation of Federal Regulations.
RCNY § 175.100
(a)All persons subject to the requirements of this Part (24 RCNY Health Code §§ 175.100 through 175.108) are required to comply with the specific provisions of Title 10 of the Code of Federal Regulations ("C.F.R.") issued by the United States Nuclear Regulatory Commission ("NRC") as expressly indicated in this Part and which are hereby incorporated by reference herein to this Article with the same force and effect as if fully set forth herein in their entirety. For the purposes of this Part, such incorporation by reference shall mean the specific provisions of Title 10 of the C.F.R. in effect as of the effective date of this Part, and any successor regulations promulgated by the NRC in Title 10 of the C.F.R. expressly indicated in this Part. Any such successor regulation shall be considered adopted in this Part as of the effective date of the provision in the C.F.R.
(b)In this Part (24 RCNY Health Code §§ 175.100 through 175.108), the following definitions apply: (1) "10 C.F.R." or "C.F.R." means Title 10 of the Code of Federal Regulations, Chapter I (Nuclear Regulatory Commission).
(2)"City" means the 5 boroughs of New York City.
(3)Except as indicated in subdivision (c) of this section, references to "Department" means the New York City Department of Health and Mental Hygiene.
(4)"Radioactive material" means any solid, liquid, or gas which spontaneously emits alpha particles, beta particles, gamma rays, x rays, neutrons, high-speed electrons, high-speed protons, or other particles capable of producing ions. For the purposes of this Part, radioactive material does not include material that emits only non-ionizing radiation, such as radiowaves or microwaves, visible, infrared or ultraviolet light.
(c)To reconcile differences between this Article and the incorporated sections of the C.F.R., the following meanings are substituted for certain terms in the incorporated language of the C.F.R.: (1) Except as indicated in paragraph (2) of this subdivision, any reference to ''NRC'' or ''Commission'' in the incorporated C.F.R. regulations means the Department. Any notifications and correspondence required to be sent to the NRC in the incorporated regulations of the C.F.R. should instead be sent to the Department at the address provided in 24 RCNY Health Code § 175.01(c).
(5)Any cross reference within the incorporated C.F.R. regulations means a cross reference to the C.F.R. unless otherwise specified;, for example, a reference to "§ 30.18 of this Chapter" means "10 C.F.R. § 30.18." (6) References to forms in the incorporated C.F.R. regulations mean the appropriate forms prescribed by the Department.
(d)The C.F.R. provisions incorporated by reference herein may be obtained from: (1) the Department at the address provided in 24 RCNY Health Code § 175.01(c), or (2) the United States Government Publishing Office (GPO), 710 North Capitol Street, N.W., Washington, DC 20401 (866) 512-1800, or, online at (3) the U.S. Nuclear Regulatory Commission online at (Added City Record 4/24/2019, eff. 5/24/2019)
