reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 15 - Migrant Farmworker Housing › Standards › Section 15.5 - Location, grounds

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Location. All migrant farmworker housing facilities shall be well drained, and
				  be free of depressions where water may pool and stagnate. The site shall be
				  located where disposal of sewage can be provided in a safe, sanitary manner
				  which neither creates nor is likely to create a public health nuisance or
				  health hazard.
(b) Grounds. The
				  grounds of a migrant farmworker housing facility shall be maintained in a clean
				  and sanitary condition, and be free of noxious plants. Driveways and access
				  roads shall be maintained to allow free and safe vehicular access to the
				  property.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 15 - Migrant Farmworker Housing › Standards › Section 15.6 - Housing, fire hazards; maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requirements for new construction.
(1) No migrant farmworker housing facility,
				  or any portion thereof, shall be constructed or enlarged for occupancy or use,
				  and no property shall be converted for occupancy or use as a migrant farmworker
				  housing facility without the permit-issuing official beeing first notified in
				  writing. The required notice of construction, enlargement or connversion shall
				  be submitted at least 30 days prior to beginning such construction on a form
				  approved by the Commissioner of Health. The notice may be supplemented by such
				  further information, plans or specifications as required by the permit-issuing
				  official.
(2) All new construction
				  including alterations, enlargements, conversions, or relocation of mobile
				  homes, shall conform with the Uniform Code. A certificate of occupancy, or
				  equivalent documentation to certify the construction was completed in
				  conformance with Uniform Code requirements, must be obtained prior to
				  occupancy, and be available for review on request by the permit-issuing
				  official.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 15 - Migrant Farmworker Housing › Standards › Section 15.7 - Water

Current through Register Vol. 46, No. 28, July 10, 2024
Every water supply serving a migrant farmworker housing
					 facility shall comply with requirements of Part 5 of this Title, and, in
					 addition, shall meet the following requirements:
(a) The water supply shall not exceed the
				  maximum contaminant levels in sections
				  5-1.51
				  and
				  5-1.52 
				  contained in Subpart 5-1 of this Title.
(b) Minimum standards. Potable water shall be
				  adequate in quantity and quality and shall be readily available to occupants of
				  the property. Only potable water shall be so delivered or piped as to be easily
				  accessible.
(c) Source Protection.
				  All potable water sources and distribution systems shall be designed, located,
				  constructed and maintained to provide protection against contamination or
				  pollution. All pumps, piping, fixtures and appurtenances shall be adequately
				  installed and maintained to protect against contamination of any water
				  source.
(d) Connections prohibited.
				  There shall be no physical connection between the potable water supply and any
				  non potable water supply. Any fixture, installation or equipment which is
				  subject to back-siphonage shall be adequately installed and maintained to
				  protect against contamination of any water source.
(e) A minimum pressure of 20 pounds per
				  square inch, at peak demand, shall be maintained in all parts of the
				  distribution system.
(f) Reports on
				  water treatment. When a water treatment process is required to maintain
				  adequate water quality, accurate and complete reports on the operation of the
				  treatment system shall be maintained daily and submitted at least monthly to
				  the permit issuing official on a form supplied for this purpose.
(g) Interruptions, changes in sources or
				  treatments. Any incident or condtion which effects the quantity or quality of
				  the onsite potable water supply shall be reported to the permit issuing
				  official within 24 hours of occurrence. There shall be no changes made to the
				  source, or method of treatment of a potable water supply, either temporary or
				  permanent, without first receiving approval from the permit issuing official.
				  An adequate supply of potable water must be provided and maintained during all
				  times of operation.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 15 - Migrant Farmworker Housing › Standards › Section 15.8 - Toilets, privies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General requirements. Toilet facilities shall be provided. These facilities
				  shall be conveniently located constructed of cleanable materials, and
				  maintained in a sanitary condition and in good repair. Toilet facilities for
				  groups of people consisting of both sexes, except those in individual dwelling
				  units, or those shared by not more than two family groups, shall be so arranged
				  that the facilities are separate for each sex. Toilet facilities shall be
				  accessible without having to pass through any sleeping room.
(b) Location, construction. Toilet facilities
				  for all new construction and/or renovation construction shall consist of flush
				  toilets. Existing sanitary privies can be used until October 1, 1999, provided
				  that all of the following conditions are met: location is such that it does not
				  cause pollution of any water supply source or surface water; facilities are
				  adequate in number and type for the camp occupancy; adequate insect and
				  vermin-proofing (screening, self-closing doors, etc.) is provided and
				  maintained; toilet seats and lids are provided and maintained; adequate
				  lighting is provided; adequate ventilation is provided for both the pit and
				  privy enclossure; and, facilities are maintained in sanitary condition and good
				  repair. All privies shall be replaced with flush toilets on or before October
				  1, 1999.
(c) Minimum standard;
				  prohibitions. There shall be at least the following: one toilet or privy seat
				  for each 15 occupants or fraction thereof for each sex. Urinals shall be
				  provided at the rate of one urinal for each 30 men or fraction thereof in the
				  camp, and may be substituted for up to a maximum of one-third of the required
				  toilets, or additional flush toilets may be provided in place of required
				  urinals. In determining the required number of toilets for men and women,
				  family groups which have toilet facilities in their own dwelling unit shall not
				  be counted. Urinals shall not be required in toilet facilities within a
				  dwelling unit. The required toilet facilities shall be within 200 feet, of each
				  sleeping room. No flush toilet fixture or urinal shall be in a sleeping room.
				  No privy shall be within 50 feet of any sleeping room, dining room, mess hall
				  or cooking area. When multiple toilets or privy seats are located in a common
				  room or space, privacy enclosures shall be provided.
(1) All housing constructed after May 1,
				  1997, shall have urinals provided at the rate of one for each 25 men, or
				  fraction thereof, in the housing facility.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 15 - Migrant Farmworker Housing › Standards › Section 15.9 - Sewerage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				  requirements. Facilities shall be provided and maintained for the satisfactory
				  disposal or treatment and disposal of sewage.
(b) Submission of plans. A plan for proposed
				  new or modified sewage treatment facilities shall be submitted to the
				  permit-issuing official at least 30 days prior to beginning
				  construction.
(c) Plan approval and
				  construction. A permit or written approval for the sewage system plans shall be
				  obtained from the permit issuing official or the NYS Department of
				  Environmental Conservation. No construction of new or modified sewage treatment
				  facilities shall be commenced until such permit or written approval has been
				  received by the permittee. Construction shall be in accordance with the
				  approved plans.
(d) Inadequately
				  treated sewage. The presence of inadequately treated sewage on the surface of
				  the ground shall not be allowed. Any discharge occurring in an area frequented
				  by the camp occupants, or which contaminates food service areas, or results in
				  contamination of a potable water supply is an imminent hazard which requires
				  immediate correction.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 15 - Migrant Farmworker Housing › Food Protection and Garbage and Refuse Disposal › Section 15.10 - Food preparation and service

Current through Register Vol. 46, No. 28, July 10, 2024
Adequate facilities to allow safe storage, preparation, and
					 service of food shall be provided.
(a)
				  Central kitchen or commissary. Wherever meals are furnished or offered for sale
				  in a central kitchen or commissary the provisions of Subpart 14-1 of this
				  Chapter must be met.
(b) Cooking
				  and dining facilities. When meals are not furnished or sold to the occupants,
				  adequate cooking and dining facilities must be provided. This may be
				  accomplished by providing either a common cooking area consisting of a separate
				  well lighted and ventilated room which is adequately equipped for cooking and
				  dining, or by providing facilities for cooking and dining within each
				  individual dwelling unit. When the required cooking and dining facilities are
				  provided within individual dwelling units, the facilities shall be located
				  either in a separate room, or a separate area of at least 10 square feet per
				  person shall be set aside for this purpose.
(1) In housing constructed after May 1, 1997,
				  where occupants are required to cook, live and sleep in the same room, a
				  minimum of 100 square feet of floor area is required for each
				  occupant.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 15 - Migrant Farmworker Housing › Food Protection and Garbage and Refuse Disposal › Section 15.11 - Garbage; refuse

Current through Register Vol. 46, No. 28, July 10, 2024
An adequate number of covered storage receptacles shall be
					 provided and used for the storage of garbage and refuse. The storage
					 receptacles shall be constructed of durable, cleanable materials and be
					 maintained in a sanitary condition and in good repair. Garbage and refuse shall
					 not be allowed to accumulate on the surface of the ground.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 15 - Migrant Farmworker Housing › Laundry and Bathing Facilities › Section 15.12 - Laundry and bathing facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Bathing facilities. Shower facilities,
				  separate for each sex, shall be provided. There shall be at least one shower
				  head provided for each 15 occupants or fraction thereof, in the camp.
				  Facilities shall provide an adequate supply of tempered water or both hot and
				  cold running water at every shower head. Shower room floors shall be
				  constructed and maintained with nonabsorbent, skid materials and sloped to
				  floor drains. Adequate dry dressing space shall be provided in common use
				  facilities. Separate facilities for each sex are not required when the
				  facilities are located in individual dwelling units.
(1) All housing constructed after May 1,
				  1997, shall have showers provided in the ratio of one shower for every 10
				  occupants, or fraction thereof.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 15 - Migrant Farmworker Housing › Duties of Permittee, Responsibilities of Occupants › Section 15.13 - Miscellaneous; duties of permittee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Medical emergency access. Arrangements
				  shall be made to assure access to adequate medical care at or readily available
				  to the migrant farmworker housing. All occupants shall have access to an
				  adequate communication system for summoning help in the event of a medical or
				  safety emergency. An adequate first-aid kit shall be available for use by the
				  occupants of the housing facility.
(b) The permittee shall be responsible for
				  maintaining all dwelling units in a structurally sound condition which prevents
				  infestation by rodents and insects, and shall be responsible for providing or
				  obtaining any required extermination.
(c) Hazardous materials.
(1) Storage. No flammable or volatile liquids
				  or materials shall be stored in or adjacent to rooms used for living purposes,
				  except for those needed for current household use. Agriculture chemicals
				  including pesticides shall not be stored in the housing area.
(2) Contamination of housing. Whenever the
				  buildings of a regulated migrant farmworker housing facility are contaminated,
				  or suspected of being contaminated by hazardous materials, chemicals or
				  pesticides, the occupancy or use of the housing facilities may be restricted by
				  the permit-issuing official until required decontamination and/or corrective
				  actions are completed.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 15 - Migrant Farmworker Housing › Duties of Permittee, Responsibilities of Occupants › Section 15.14 - Responsibilities of occupants

Current through Register Vol. 46, No. 28, July 10, 2024
All occupants are responsible for maintaining their
					 dwelling unit and common use areas in a reasonably clean and sanitary
					 condition; for exercising safe practices and proper care when using the
					 facilities and equipment provided; for the sanitary storage and disposal of
					 garbage and refuse which they generate using the facilities provided; for not
					 using any unapproved heating or cooking device; and, for occupancy of the
					 property in accordance with the permitted capacity.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › Section 16.0 - Introductory note

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to all radiation equipment and radioactive
				  material within the jurisdiction of the New York State Department of Health.
				  Sections of this Part set forth under the heading "General Provisions" (§§
									16.1 
				  -16.26) contain provisions applicable to radiation equipment operators and
				  persons in possession of radioactive materials, including general radiation
				  protection requirements. Sections of this Part set forth under the heading
				  "Radiation Equipment" (§§
									16.50 
				  -16.63) contain the registration provisions for radiation equipment and general
				  and additional radiation protection requirements applicable only to specific
				  radiation equipment. Sections of this Part set forth under the heading
				  "Licensing of Radioactive Materials" (§§
									16.100 
				  -16.123) contain the licensing provisions for radioactive materials, i.e.,
				  byproduct material, source material, special nuclear material in quantities not
				  sufficient to form a critical mass, naturally occurring radioactive materials,
				  and accelerator-produced radioactive material.[FN1] Section
				  16.130,
				  "Radon testing and reporting", contains provisions applicable to firms
				  performing radon measurements in NY State. Section
				  16.200,
				  "Material incorporated by reference", provides a list of Federal rules and
				  regulations also related to the regulation of ionizing radiation.
[FN1] All discharges of wastes to the environment are subject
				  to the provisions of the Environmental Conservation Law with particular
				  reference to article 17 (water pollution control), article 19 (air pollution
				  control) and article 27 (collection, treatment and disposal of refuse and other
				  solid waste) thereof, and to all pertinent rules and regulations of the State
				  Department of Environmental Conservation, including its permit
				  requirements.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.1 - Applicability and inapplicability of this part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability. Except as otherwise
				  provided in subdivision (b) of this section, this Part applies to any person
				  who transfers, receives, possesses or uses any radiation source in this
				  State.[FN2]
(b) Inapplicability.
(1) This Part does not apply to any person
				  with respect to any radiation source to the extent that such radiation source
				  is subject to regulation as provided for by law by the State Department of
				  Labor. This exclusion does not apply to persons with respect to radiation
				  sources used at industrial or commercial establishments for the application of
				  radiation to human beings.
(2) This
				  Part does not apply to any common or contract carrier operating within this
				  State to the extent that such carrier is subject to regulation as provided for
				  by law by the United States Department of Transportation or other agencies of
				  the United States or agencies of the State of New York, other than the
				  Department of Health, having jurisdiction.
(3) The licensure requirements contained in
				  sections
				  16.100
				  through
				  16.110 
				  and sections
				  16.120
				  through
				  16.123 
				  of this Part shall not apply in a county, part-county or city health district
				  having a population of more than 2,000,000, provided that such health district
				  has established its own substitute licensure requirements with respect to
				  radiation sources located within such health district and transferred,
				  received, possessed or used by persons other than the State and its
				  institutions or other facilities and provided that such substitute licensure
				  requirements are submitted to the State Department of Health prior to their
				  effective date and are acceptable to the state Department of Health as
				  consistent with the corresponding requirements of this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.3 - Granting exemptions or variations

Current through Register Vol. 46, No. 28, July 10, 2024
The department may upon either the application of any
					 interested person or the department's own initiative, grant an exemption or
					 variation from any requirement of this Part when the department finds that such
					 exemption or variation will not result in an undue danger to life and property
					 from radiation hazards.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.4 - Exemption of certain radiation sources from the requirements of this part

Current through Register Vol. 46, No. 28, July 10, 2024
Any person is hereby exempted from the requirements of this
					 Part to the extent that such person transfers, receives, possesses, installs,
					 operates or uses any of the radioactive materials, radiation equipment or items
					 containing radioactive material listed in Appendix 16-A, Table 1,
					 infra.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.6 - Occupational dose limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Occupational dose limits for adults.
(1)
				  Except for planned special exposures pursuant to subdivision (f) of this
				  section, no person shall transfer, receive, possess or use any radiation source
				  so as to cause any individual adult to receive an occupational dose from all
				  sources of radiation that exceeds any of the following limits:
(i) The annual limit, which is the more
				  limiting of:
(a) the total effective dose
				  equivalent being equal to 0.05 Sv (5 rem); or
(b) the sum of the deep dose equivalent and
				  the committed dose equivalent to any individual organ or tissue other than the
				  lens of the eye being equal to 0.50 Sv (50 rem).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.7 - Radiation dose limits for individual members of the public

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Dose limits for individual members of the
				  public.
(1) Except for doses received from
				  patients released under the provisions of section
				  16.123 
				  of this Part, each licensee or registrant shall conduct operations so that:
(i) the dose in any unrestricted area from
				  external sources does not exceed 0.02 mSv (0.002 rem) in any one hour;
				  and
(ii) the total effective dose
				  equivalent to individual members of the public from the licensed or registered
				  operation, exclusive of the dose contribution from the licensee's or
				  registrant's disposal of radioactive material into sanitary sewerage in
				  accordance with section
				  16.8  of
				  this Part, does not exceed one mSv (0.1 rem) in a year, except where structural
				  modifications to the building or the equipment is required of existing
				  facilities where radiation equipment were installed prior to January 1, 1994
				  and the use of the radiation source does not change after January 1, 1994 and
				  which result in a total effective dose equivalent to a member of the public
				  which does not exceed five mSv (0.5 rem) in a year.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.8 - Waste disposal

Current through Register Vol. 46, No. 28, July 10, 2024
Disposal and transportation of radioactive waste shall be
					 governed by the New York State Department of Environmental Conservation as set
					 forth in 6 NYCRR Parts 380 and 381.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.11 - Personnel monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  External radiation sources. Each person who possesses any radiation source
				  shall supply and require the proper use of appropriate, calibrated and operable
				  individual monitoring devices by:
(1) adults
				  likely to receive, in one year from sources external to the body, a dose in
				  excess of 10 percent of the limits in section
				  16.6(a)(1) 
				  of this Part; and
(2) minors and
				  declared pregnant women likely to receive, in one year from sources external to
				  the body, a dose in excess of 10 percent of any of the applicable limits in
				  section
				  16.6(g)
				 or
				  16.6(h) 
				  of this Part; and
(3) individuals
				  entering a high or very high radiation area.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.12 - Radiation symbol, signs, labels, and control devices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Standard radiation symbol. Unless
				  otherwise authorized by the department, the symbol prescribed by this section
				  shall use the colors magenta, or purple, or black on yellow background. The
				  symbol prescribed by the three-bladed design and shall be as illustrated below:
(1) cross-hatched area is to be magenta, or
				  purple, or black, and
(2) the
				  background is to be yellow.
Image
					 1
(3) Exception
				  to color requirements for standard radiation symbol. Notwithstanding the
				  requirements of subdivision (a) of this section, licensees or registrants are
				  authorized to label sources, source holders, or device components containing
				  sources of radiation that are subjected to high temperatures, with
				  conspicuously etched or stamped radiation caution symbols and without a color
				  requirement.
(4) Additional
				  information on signs and labels. In addition to the contents of signs and
				  labels prescribed in this Part, the licensee or registrant shall provide, on or
				  near the required signs and labels, additional information, as appropriate, to
				  make individuals aware of potential radiation exposures and to minimize the
				  exposures.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.13 - Notices, instructions and reports to workers; inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose and
				  scope. This section establishes requirements for notices, instructions and
				  reports by radioactive materials licensees or radiation-producing equipment
				  registrants to individuals engaged in work under a license or registration, and
				  options available to such individuals in connection with inspections of the
				  activities and facilities of licensees or registrants by the department or
				  health officer having jurisdiction to ascertain compliance with the provisions
				  of this Part, orders and licenses issued thereunder regarding radiological
				  working conditions.
(b) Posting of
				  notices to workers.
(1) Each licensee or
				  registrant shall post current copies of the following documents:
(i) the regulations of this Part;
(ii) the radioactive materials license and
				  conditions or documents incorporated into the license by reference and
				  amendments thereto, or the certificate of registration;
(iii) the operating procedures (including
				  emergency procedures) applicable to work under the license or registration;
				  and
(iv) any notice of violation
				  involving radiological working conditions, proposed imposition of civil penalty
				  or order issued pursuant to the provisions of the Public Health Law, and any
				  response from the licensee or registrant.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.14 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				  provisions.
(1) Each licensee or registrant
				  shall use the SI units- becquerel, gray, sievert and coulomb per kilogram, or
				  the special units: curie, rad, rem, and roentgen, including multiples and
				  subdivisions, and shall clearly indicate the units of all quantities on records
				  required by this Part.
(2) The
				  licensee or registrant shall make a clear distinction among the quantities
				  entered on the records required by this Part, such as, total effective dose
				  equivalent, shallow dose equivalent, eye dose equivalent, deep dose equivalent,
				  or committed effective dose equivalent.
(3) Form of records. Each record required by
				  this Part shall be legible throughout the specified retention period. The
				  record shall be the original or a reproduced copy or a microform, provided that
				  the copy of microform is authenticated by authorized personnel and that the
				  microform is capable of producing a clear copy throughout the required
				  retention period, or the record may also be stored in electronic media with the
				  capability for producing legible, accurate, and complete records during the
				  required retention period. Records, such as letters, drawings, and
				  specifications shall include pertinent information, such as stamps, initials,
				  and signatures. The licensee shall maintain safeguards sufficient to prevent
				  tampering with and loss of records.
(4) The discontinuance of or curtailment of
				  activities does not relieve any person who possesses any radiation source of
				  responsibility for retaining all records required by this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.15 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reports of
				  stolen, lost, or missing licensed or registered sources of radiation.
(1) Telephone reports. Each licensee or
				  registrant shall report to the department by telephone as follows:
(i) Immediately after its occurrence becomes
				  known to the licensee or registrant, stolen, lost, or missing licensed
				  radioactive material in an aggregate quantity equal to or greater than 1,000
				  times the quantity specified in Appendix 16-A, Table 9, infra, under such
				  circumstances that it appears to the licensee or registrant that an exposure
				  could result to individuals in unrestricted areas; or
(ii) Within 30 days after its occurrence
				  becomes known to the licensee, lost, stolen, or missing licensed radioactive
				  material in an aggregate quantity greater than 10 times the quantity specified
				  in Appendix 16-A, Table 9, infra, that is still missing.
(iii) Immediately after its occurrence
				  becomes known to the registrant, a stolen, lost, or missing radiation
				  equipment.
(iv) Immediately after
				  the discovery of an event that prevents immediate protective action necessary
				  to avoid exposures to radiation or radioactive materials which could exceed the
				  regulatory limits, or releases of radioactive material which could exceed
				  regulatory limits; due to an event such as an explosion, or toxic gas
				  release.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.16 - Procedures for picking up, receiving and opening packages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each licensee who expects to receive a
				  package containing quantities of radioactive material in excess of the type
				  A2 quantities specified in Appendix 16-B, Table 1 of
				  this Title, shall make arrangements:
(1) to
				  receive the package when the carrier offers it for delivery; or
(2) to receive notification of the arrival of
				  the package at the carrier's terminal and to pick up the package
				  expeditiously.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.17 - Transportation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				  transport, package for transport, or cause to be transported, outside of the
				  confines of his installation, any radioactive material within this State
				  unless:
(1) such transport conforms to those
				  regulations of the United States Department of Transportation or other agencies
				  of the United States having jurisdiction with respect to packaging of the
				  radioactive material and to the marking and labeling of the package and
				  transporting vehicle which would be applicable if such transport were
				  interstate; and
(2) procedures are
				  established for opening and closing packages in which radioactive material is
				  transported to provide safety and to assure that, prior to delivery to a
				  carrier for transport, each package is properly closed for transport;
				  and
(3) prior to delivery of a
				  package for transport, such person shall assure that any special instructions
				  needed to open the package are sent to, or have been made available to the
				  consignee; or
(4) such transport
				  complies with such requirements as have been approved by the
				  commissioner.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.18 - Additional requirements; surrender of radioactive material; sealing of radiation equipment

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any exemption set forth in this
					 Part:
(a) The department may, by rule,
				  regulation or order, impose upon any person possessing a radiation source such
				  requirements, in addition to those set forth in this Part, as it deems
				  appropriate or necessary to protect the public health and safety and to
				  minimize danger to life and property from radiation hazards. [FN8]
(b) The department may by order require the
				  removal through an authorized transferee or the surrender to the department of
				  any radioactive material by any person who is not able or equipped, or who
				  fails, to observe with regard to such radioactive material such radiation
				  protection standards as are established by the department, or who uses such
				  radioactive material in violation of law or this Part or order of the
				  department or in a manner other than as set forth in a license issued therefor
				  by the department. Such person shall decontaminate any premises which may have
				  been contaminated with radioactive material as a result of his activities to
				  such radiation levels as the department may specify. The expenses incidental to
				  such transfer, surrender, and/or decontamination shall be borne by such person
				  responsible for the source.
(c) The
				  department may by order require radiation equipment sealed, with an official
				  New York State Department of Health seal or other suitable method, when such
				  equipment is used by any person who is not able or equipped, or fails to
				  observe with regard to such radiation equipment such radiation protection
				  standards as are established by the department, or who uses such radiation
				  equipment in violation of law or this Part or order of the department.
				  Radiation equipment sealed by the department pursuant to this subdivision shall
				  not be unsealed without prior authorization by the department.
[FN8] In evaluating the necessity for additional
					 requirements the department will consider among other things the Federal
					 Radiation Protection Guidance published in the Federal Registeron May 13, 1960
					 (25FR4402) and on January 27, 1987 (52FR2822) and the recommendations of the
					 National Council on Radiation Protection and Measurements.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.19 - Limitations on application of radiation to humans. see also section 16.9

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Diagnostic
				  X-ray equipment. No person other than a professional practitioner, as defined
				  in section
				  16.2(a)(85) 
				  of this Part; a physician's assistant working under the authority of a
				  physician in accordance with article 37 of the Public Health Law; or, a
				  certified nurse practitioner working in accordance with article 139 of the
				  Education Law, within a practice agreement with a physician, or under the
				  authority of a medical director or medical board in an article 28 facility,
				  shall direct or order the application of radiation from radiation equipment, as
				  defined in section
				  16.2(a)(97) 
				  of this Part, to a human being. No person other than a professional
				  practitioner; as defined in section
				  16.2(a)(85) 
				  of this Part; or a licensed and registered radiologic technologist, or, student
				  currently enrolled in an approved program of study in diagnostic radiologic
				  technology, and under direct supervision by a professional practitioner or
				  licensed radiologic technologist; shall position patients, set techniques or
				  apply such radiation to a human being. Such direction or order to apply, or
				  application of, radiation shall be in the course of the practitioner's
				  professional practice and shall comply with the applicable provisions of Part,
				  89 of this Title and article 35 of the Public Health Law of the State of New
				  York.
(1) Unlicensed dental assistants may
				  operate dental radiographic equipment for intraoral and panographic dental
				  X-ray procedures only under the supervision of a licensed dentist pursuant to
				  the applicable provisions of section
				  89.45  of this
				  Title and of paragraph (4) of subdivision (c) of section 3515  of the Public Health Law of the State
				  of New York.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.20 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On disapproval
				  of applications. If the department disapproves any application filed pursuant
				  to section
				  16.102 
				  of this Part:
(1) The department will conduct
				  a hearing if the applicant files with the department a written petition within
				  30 days after receipt of such notice of disapproval, and the petition:
(i) asserts that such disapproval was, and
				  the respect in which it was, improper; and
(ii) requests a hearing.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.22 - X-ray screening; general requirements; mammography

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General requirements. This applies to
				  each person or operator that provides X-ray screening to a target population
				  when there is no individual order for each procedure.
(1) All screening shall be performed under
				  the supervision of a licensed practitioner pursuant to section
				  89.4(a) 
				  of this Title.
(2) The screening
				  program operator shall establish and maintain a referral system for
				  communicating findings to the patient's primary care provider in a timely
				  fashion.
(3) The screening program
				  operator shall establish and maintain a referral system for patients with
				  suspicious findings or disease when the patient does not report having a
				  primary care provider.
(4) The
				  screening program operator shall annually review the program to determine the
				  appropriateness of continuing screening and report the findings of that review
				  to the department.
(5) A
				  prospective screening program operator shall apply to the department and submit
				  information prior to operation indicating how the operator will comply with
				  paragraphs (1) through (4) of this subdivision.
(6) The screening program operator shall
				  prepare and submit to the department within 15 days of a request a report that
				  includes the following information for a requested time period:
(i) the total number of patients screened by
				  diagnosis;
(ii) the total number of
				  suspicious findings or disease;
(iii) the total number of patients referred
				  for follow-up for each suspicious finding or disease diagnosed.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.23 - Quality assurance programs for diagnostic facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A quality assurance program is a system
				  of plans, actions, reviews, reports and records whose purpose is to ensure that
				  diagnostic facilities achieve consistently high quality imaging and other
				  diagnostic results, while maintaining radiation output and personnel doses
				  within limits prescribed by the department.
(1) Each radiation facility conducting
				  diagnostic X-ray or radioactive materials procedures, excepting dental,
				  podiatric and veterinary facilities, shall implement a quality assurance
				  program including at a minimum:
(i) the
				  adoption of a manual containing written policies and procedures for radiation
				  protection and describing the facility's quality assurance program. Policies
				  and procedures must be consistent with the types of equipment and services
				  provided, including but not limited to, use of gonad or scoliosos shielding;
				  personnel monitoring; protection of pregnant workers and patients; and holding
				  of patients. The quality assurance manual must describe the various processing,
				  generator and systems quality control tests appropriate for the types of
				  equipment and services provided in sufficient detail to ensure that they will
				  be performed properly;
(ii) the
				  performance of quality control tests and the correction of deficiencies as
				  specified in the quality assurance manual;
(iii) the maintenance of equipment records
				  for each diagnostic imaging system, containing test results, records of
				  equipment repairs and other pertinent information;
(iv) the provision of a formalized in-service
				  training program for employees, including, but not limited to, quality
				  assurance and radiation safety procedures;
(v) the measurement of radiation output at
				  the point of skin entry for common X-ray examinations;
(vi) the measurement of the amount of
				  activity of each dose of a radiopharmaceutical administered to a
				  patient;
(vii) the calculated
				  absorbed dose for diagnostic procedures involving radioactive
				  materials;
(viii) the provision of
				  the information described in subparagraphs (v), (vi) and (vii) of this
				  paragraph to any patient upon request; and
(ix) the conduct of an ongoing analysis of
				  repeated, rejected or misadministered diagnostic studies which is designed to
				  identify and correct problems and to optimize quality.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.25 - Misadministrations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A medical
				  misadministration shall be the administration of:
(1) a radiopharmaceutical or radiation from a
				  source other than the one ordered;
(2) a radiopharmaceutical or radiation to the
				  wrong person;
(3) a
				  radiopharmaceutical or radiation by a route of administration or to a part of
				  the body other than that intended by the ordering physician;
(4) an activity of a radiopharmaceutical for
				  diagnostic purposes that differs from the activity ordered by more than 50
				  percent;
(5) an activity of a
				  radiopharmaceutical for therapeutic purposes that differs from the activity
				  ordered by more than 10 percent;
(6) a therapeutic radiation dose from any
				  source other than a radiopharmaceutical or brachytherapy source such that
				  errors in computation, calibration, time of exposure, treatment geometry or
				  equipment malfunction result in a calculated total treatment dose differing
				  from the final total treatment dose ordered by more than 10 percent;
(7) a therapeutic radiation dose from a
				  brachytherapy source such that errors in computation, calibration, treatment
				  time, source activity, source placement or equipment malfunction result in a
				  calculated total treatment dose differing from the final total treatment dose
				  ordered by more than 10 percent; or
(8) a therapeutic radiation dose in any
				  fraction of a fractionated treatment such that the administered dose in the
				  individual treatment or fraction differs from the dose ordered for that
				  individual treatment or fraction by more than 50 percent except when the
				  administered dose is lower than the dose ordered by more than 50 percent due to
				  machine interruption, or due to patient inability or decision to not finish the
				  treatment.
(9) A CT scan in which
				  any of the following occur:
(a) A CT scan is
				  performed on the wrong person;
(b)
				  A CT scan is performed on the wrong body part.
(10) a CT scan that results in damage to an
				  organ, organ system or results in hair loss or erythema as determined by a
				  physician.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › General Provisions › Section 16.26 - Respiratory protection and controls to restrict internal exposure in restricted areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Use of
				  process or other controls. The licensee shall use, to the extent practicable,
				  process or other engineering controls, such as, containment or ventilation to
				  control the concentrations of radioactive material in air.
(b) When it is not practicable to apply
				  process or other engineering controls to control the concentrations of
				  radioactive material in air to values below those that define airborne
				  radioactivity area, the licensee or registrant shall, consistent with
				  maintaining the total effective dose equivalent ALARA, increase monitoring and
				  limit intakes by one or more of the following means:
(1) control of access; or
(2) limitation of exposure times;
				  or
(3) use of respiratory
				  protection equipment; or
(4) other
				  controls.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 16 - Ionizing Radiation › Radiation Equipment › Section 16.40 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
				  requirement. Unless exempt under subdivision (b) of this section, no person
				  shall establish, maintain or operate a radiation installation with radiation
				  equipment, that is subject to the registration requirements of section
				  16.50 
				  of this Part, or hold a radioactive materials license as required pursuant to
				  the licensing requirements of section
				  16.100 
				  of this Part, except upon payment of the applicable fees prescribed in this
				  section and section
				  16.41  of
				  this Part.
(b) Exemptions.
(1) Agencies of the State of New York and its
				  political subdivisions, except for hospitals and higher education academic
				  institutions operated by such agencies, are exempt from the payment of any of
				  the fees prescribed in this section and section
				  16.41  of
				  this Part.
(2) Any operator of a
				  radiation installation that is registered with the New York City Department of
				  Health or any person that holds a radioactive material license issued by the
				  New York City Department of Health, pursuant to sections
				  16.50(j) 
				  and 16.l(b)(3), respectively, of this Part is exempt from paying the fees
				  prescribed in this section and section
				  16.41  of
				  this Part, unless they also hold a registration certificate or a radioactive
				  material license issued by the department for which fees are applicable. In the
				  latter case, the applicable fees for the activities registered or licensed by
				  the department shall be assessed.