New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.10 - Inspections, surveys, checks and tests; vacating installations; securing radiation sources

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  person who possesses any radiation source shall make, or cause to be made, the
				  applicable surveys required under this section and such additional surveys as
				  may be necessary for him/her to comply with other sections in this Part or as
				  the department may direct in order to evaluate the extent of the radiation
				  hazard that may be present.[FN4] Each person who possesses any radioactive
				  material not in a sealed source for which surveys are required shall provide or
				  have available appropriate calibrated and operable instruments capable of
				  detecting and measuring radiation and radioactive contamination.
(1) Any radiation installation subject to the
				  registration requirements of section
				  16.50(a) 
				  of this Part shall be inspected periodically to assure compliance with this
				  Part and the maintenance of radiation exposures as far below the limits set
				  forth in this Part as is reasonably achievable. Except as otherwise provided in
				  subparagraph (ii) of this paragraph, inspections shall be made at a frequency
				  as specified in subparagraph (i) of this paragraph, with the first inspection
				  of an installation to be made at the time of the beginning of operation and
				  subsequent inspections not to exceed the maximum interval specified for such
				  installation in subparagraph (i) of this paragraph. The inspection shall be
				  performed in a manner, and reported in writing on a form, prescribed by the
				  department. The person who makes the inspection shall include in such report
				  all recommendations necessary to accomplish compliance with this Part, and to
				  reduce radiation exposure as far below the limits set forth in this Part as
				  reasonably achievable. The inspection shall be made by the department, the New
				  York City Department of Health or, as the department shall direct, by the
				  appropriate county or part-county health officer having jurisdiction or by a
				  certified radiation equipment safety officer. Such county or part-county health
				  officer or the New York City health commissioner shall make the inspection only
				  under an inspection program that is certified by the department in writing as
				  approved and in effect. He/she may make the inspection or have it made by a
				  duly authorized representative approved for such purpose by both such health
				  officer and the department. The operator of an installation required to be
				  inspected by a certified radiation equipment safety officer, shall be solely
				  responsible for having all such required inspections made.
(i) Hospital, clinic, mammography and
				  radiologist installations shall be inspected at least once every year; dental,
				  podiatric and veterinary installations at least once every three years; and all
				  other installations at least once every two years. Follow-up inspections shall
				  be made at intervals of 60 days or less for the correction of any violation
				  found during an inspection and remaining uncorrected at the conclusion
				  thereof.
(ii) The department may
				  establish a schedule of required inspections of any installation different from
				  the schedule specified in this paragraph.
(iii) The certified radiation equipment
				  safety officer or the health officer having jurisdiction, as the case may be,
				  shall furnish the inspection report, signed by the person who made the
				  inspection, to the operator of the installation and a copy thereof to the
				  department in accordance with the instructions of the prescribed
				  form.