New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter A - The Industrial Code
Part 38 - Ionizing Radiation Protection
Section 38.23 - Vacating installations and property
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Installations. Each licensee, at least 30 days prior to terminating any license, vacating any installation, or transferring the premises containing such installation, shall permanently decontaminate such installation and premises below or equal to the limits specified in Table 5 of section 38.41 of this Part (rule). A survey shall be made after such decontamination and submitted to the commissioner. No such installation or premises shall be vacated, sold or transferred until the decontamination survey has been accepted by the commissioner as demonstrating that the residual radioactive contamination of the installation and premises is as low as is reasonably achievable.
(b) Property. No machinery, instrument, laboratory equipment or any other property used in contact with or in close proximity to radioactive material in a licensed installation shall be assigned, sold, leased or transferred to an unlicensed person unless such property has been permanently decontaminated below or equal to the limits specified in Table 5 of section 38.41 of this Part (rule). A survey shall be made after such decontamination and submitted to the commissioner. No such property shall be assigned, sold, leased or transferred until such survey has been accepted by the commissioner as demonstrating that the residual radioactive contamination of the property is as low as is reasonably achievable.
(c) Plans for completion of decommissioning.