N.Y. Comp. Codes R. & Regs. tit. 12 § 38.15

Current through Register Vol. 46, No. 50, December 11, 2024

Section 38.15 - Holders of licenses or permits

(a) The holder of a license or permit issued by the State Department of Health, the New York City Department of Health, the United States Nuclear Regulatory Commission, and any agreement state, or any licensing nonagreement state, may bring, possess or use radioactive material covered by such license or permit within the commissioner's jurisdiction for a period not in excess of 30 days in any calendar year without obtaining a license from the commissioner, provided that:

(1) such license or permit does not limit the holder's possession or use of such material to a specific installation or installations;

(2) such holder, at least seven days prior to engaging in such activities within the commissioner's jurisdiction, files with the commissioner a notice indicating the period, type and location of proposed possession and use within the commissioner' s jurisdiction and a copy of the license or permit. At the discretion of the commissioner, oral notification of the commissioner or notification of the commissioner less than seven days prior to engaging in such activities may be accepted in lieu of the filing requirement under this paragraph;

(3) such holder supplies such additional information as the commissioner may reasonably request;

(4) such holder, during the period of his possession and use of such material within the commissioner's jurisdiction, complies with all relevant provisions of this Part (rule), and any additional requirements which the commissioner may impose and which are reasonable under the circumstances;

(5) such holder, during such period, complies with all terms and conditions of his license or permit, except such terms or conditions as may be inconsistent with this Part (rule).

(b) Any holder of a license or permit issued by the State Department of Health, the New York City Department of Health, the United States Nuclear Regulatory Commission, any agreement state, or any licensing nonagreement state which authorizes the holder to manufacture, install or service a device of the type which is generally licensed and specified in Table 3, item (b) of this Part (rule), may install or service such device without obtaining a license from the commissioner, provided that:

(1) such person shall file a report with the commissioner within 30 days after the end of each calendar quarter in which any device is transferred to or installed within the commissioner's jurisdiction. Such report shall contain the name and address of each person receiving such a device, shall identify the type of device or devices so transferred, and shall state the quantity and type of radioactive material contained in such device or devices;

(2) any such device is installed and serviced in accordance with the terms of the license or permit issued to such person;

(3) such person shall assure that any labels required to be affixed to any such device shall bear a statement that reads "Removal of this label is prohibited" ; and

(4) the person to whom such holder transfers any such device or on whose premises such holder installs or services any such device has a copy of the general license requirements or equivalent requirements outlined in Table 3, item (b) of this Part (rule).

N.Y. Comp. Codes R. & Regs. Tit. 12 § 38.15