§ 175.103 General Requirements for Radioactive Materials.
RCNY § 175.103
(a)Except for the removal of source material from its place of origin in nature, or as otherwise may be provided in this Article, no person subject to this Article shall transfer, receive, produce, possess or use in New York City any radioactive material except pursuant to a license issued by the Department.
(b)Except as set forth in subdivision (c) of this section, 10 C.F.R. Part 30 and the following provisions from 10 C.F.R. Part 40: § 40.3, the definition of "byproduct material and "depleted uranium" in § 40.4 § 40.11, § 40.12(a), § 40.13 (except § 40.13(c)(5)(iv)), § 40.21, § 40.22, § 40.41(a)-(c),(f), §§ 40.42 (c)-(k)(3),(l), § 40.46, § 40.51 (except 40.51(b)(6)), § 40.54, § 40.55, § 40.60 and § 40.61 are hereby incorporated by reference herein to this Article with the same force and effect as if fully set forth in their entirety.
(c)The following provisions from 10 C.F.R. Parts 30 are not so incorporated: § 30.1, § 30.2, the definitions of "commencement of construction" and "construction" in § 30.4, §§ 30.5 through 30.8, § 30.21(c), § 30.32(e), § 30.34(d), § 30.34(e)(1), § 30.34(e)(3), §§ 30.37 through 30.39, § 30.41(b)(6), § 30.53, 30.55, § 30.62, § 30.63 and § 30.64.
(d)References to "Department" in the incorporated regulations of 10 C.F.R. §§ 30.12 and 30.41(b)(1) means the U.S. Department of Energy.
(e)Any reference to "byproduct material" in the incorporated regulations of 10 C.F.R. §§ 30.31 through 30.62 means "radioactive material" as defined in this Article.
(f)Additional requirements.
(1)License termination requirements.
(i)If a licensee does not submit an application for renewal of a radioactive materials license pursuant to 10 C.F.R. § 30.32, then the licensee must, on or before the expiration date stated in the license,: (A) Terminate use of radioactive material; (B) Dispose of all radioactive material in accordance with all applicable regulations in effect at the time of disposal; (C) Submit a written certification of the disposition of all radioactive materials authorized by the license on forms prescribed by the Department; (D) Remove radioactive contamination to the extent practicable; and (E) Conduct a radiation survey of the premises where the licensed activities were carried out and submit a copy of this survey to the Department. Such survey must be subject to approval by the Department and must include: a. Levels of radiation in units (or multiples) of Gy-hr-1 (millirads-hr-1) at 1 cm for beta-gamma radiation or at 1 m for gamma radiation; b. Levels of removable and fixed contamination, including alpha, in units of disintegrations (transformations) per min (becquerels) per 100 cm 2 for surfaces; c. becquerels-ml-1 (mCi-ml-1) for water; d. becquerels-kg-1 (pCi-g-1) for solids such as soil or concrete; and e. a description of the survey or other measuring instruments used, including manufacturer and model numbers and date of most recent calibration. (F) If the information submitted pursuant to clauses (A) through (E) of subparagraph (i) of paragraph (1) of subdivision (f) of this section does not adequately demonstrate that the premises are suitable for unrestricted use, the Department shall inform the licensee of the appropriate further actions required for the termination of the license, including, but not limited to, decontamination of the licensed premises to such levels and within such time frames as the Department may prescribe.
(ii)Each specific license shall continue in effect, beyond the expiration date if necessary, with respect to the presence of any residual radioactive materials that may be present as contamination until the Department terminates the license. During this time, the licensee must: (A) Limit activities involving radioactive material to those related to decommissioning; and (B) Continue to control entry to restricted areas until the Department determines they are suitable for release for unrestricted use and the Department terminates the license.
(iii)The Department can terminate a specific license when the Department determines that: (A) All licensed radioactive material has been properly transferred or disposed; and (B) premises have been decontaminated to such levels that the total effective dose equivalent (TEDE) from residual radioactivity distinguishable from background radiation, to an average member of the public will not exceed 25 mrem (0.25 mSv) per year; (C) a radiation survey has been performed which describes all radiation levels and levels of fixed and removable contamination; and (D) the licensee submits sufficient documentation to support a determination that the requirements of clauses (A) through (E) of subparagraph (i) of paragraph (1) of subdivision (f) of this section have been met.
(2)Amendment of licenses by the Department.
(3)The licensee must notify the Department, in writing, within 30 days if an authorized user, radiation safety officer or radiation therapy physicist permanently discontinues performance of duties under the license.
(4)No person, in any advertisement or public posting, expressly or by implication, shall refer to the fact that a radiation installation is licensed by the Department, and no person shall state or imply that a radiation installation or its activities have been approved by the Department, the Board of Health or the Commissioner.
(5)Reciprocity. The holder of a license issued by the New York State Department of Environmental Conservation, the New York State Department of Health, the U.S. Nuclear Regulatory Commission or any Agreement State, may bring, possess or use radioactive material covered by such license within the Department's jurisdiction for a period not in excess of 30 days in any 12 consecutive months without obtaining a license from the Department, provided that: (i) such license does not limit the holder's possession or use of such material to a specific installation or installations; (ii) such holder, prior to bringing such material into the City, files with the Department a notice indicating the period, type and location of proposed possession and use within the Department's jurisdiction, and a copy of the license; (iii) such holder supplies such additional information as the Department may reasonably request; (iv) such holder, during the period of this possession and use of such material within the City, complies with all applicable sections of this Article except 24 RCNY Health Code § 175.103(a); and (v) such holder, during such period, complies with all the terms and conditions of his license, except if any such license terms or conditions are determined by the Department to be inconsistent with the requirements of this Article.
(6)If the holder of a license issued by this Department, the New York State Department of Environmental Conservation, the New York State Department of Health, or an Agreement State intends to conduct any licensed activity in areas of exclusive federal jurisdiction within New York City, then before engaging in any such licensed activity for the first time in a calendar year, such licensee must provide the U.S. Nuclear Regulatory Commission with at least 3 days advanced notice of its proposed activity in such areas under exclusive federal jurisdiction within New York City. (Added City Record 4/24/2019, eff. 5/24/2019; amended City Record 6/13/2025, eff. 7/13/2025)
