§ 175.02 Inspections and Fees.
RCNY § 175.02
(a)Inspections.
(1)Any radiation installation subject to the licensure or registration requirements of this Code shall be inspected periodically to ensure compliance with the provisions of this Article and the maintenance of radiation exposures as far below the limits set forth in this Article as practicable. Inspections shall be made at a frequency determined by the Department in its rules.
(2)Unless otherwise indicated, for newly-registered facilities, initial inspections shall be made at or near the time of the beginning of operation.
(3)Inspections shall be made by the Department or, as the Department shall direct for dental and podiatric installations, by a Certified Radiation Equipment Safety Officer (CRESO) approved by the Department, to determine compliance with this Article and this Code.
(i)CRESOs must furnish an inspection report to the operator of the installation, in a form prescribed by the Department and signed by the person who made the inspection, and provide a copy thereof to the Department.
(ii)CRESOs must not charge or propose to charge a fee for an inspection above a fair and reasonable amount as determined by the New York State Department of Health.
(4)Re-inspections or other appropriate follow-up activities will occur to ensure that any violation found during an inspection and not corrected at the end of such inspection is subsequently corrected.
(b)Inspection fees. Notwithstanding any other provision of this Code, the Department is authorized to charge the following inspection fees pursuant to section 225 of the New York State Public Health Law and the regulations promulgated thereunder: (1) For radiation equipment facilities required to have quality assurance programs pursuant to 24 RCNY Health Code § 175.12, the following inspection fees apply, where examination means the conduct of an x-ray patient exam by radiographic or fluoroscopic or a CT unit regardless of the number of patient exposures or x-ray exposure time: (i) Hospital-inspected facilities: (A) Large hospital (more than 40 tubes) base fee: $1960.00 (B) Medium hospital (21-40 tubes) base fee: $1585.00 (C) Small hospital (1-20 tubes) base fee: $1290.00 (ii) Non-hospital facilities: (A) Large (more than 2500 examinations per year) facility base fee: $670.00 (B) Small (less than 2500 examinations per year) facility base fee: $375.00 (iii) For each tube inspected at facilities identified in (i) or (ii) above of this paragraph, the following inspection fees apply in addition to the base fee: (A) Radiographic: $120.00 (B) Fluoroscopic: $175.00 (C) Mammographic: $295.00 (D) Dental: $60.00 (E) All other: $60.00 (iv) For radiation equipment facilities not required to have quality assurance programs pursuant to 24 RCNY Health Code § 175.12, the following inspection fees apply: (A) First tube: $170.00 (B) Each additional tube: $60.00 (2) For linear accelerator facilities, the following is the base fee: $715.00 (3) For facilities licensed to possess and use radioactive materials, the following inspection fees apply: (i) Specific licenses authorizing teletherapy or gamma stereotactic radiosurgery, the following is the base fee: $320.00 (ii) Specific licenses of limited scope authorizing medical use (except for teletherapy or gamma stereotactic radiosurgery) (A) Base fee: $610.00 (B) Per site fee: $140.00 (iii) Specific licenses of limited scope authorizing non-human use (A) Base fee: $385.00 (B) Per site fee: $160.00 (iv) Specific licenses of broad scope authorizing medical use (except for teletherapy or gamma stereotactic radiosurgery) (A) Base fee: $3515.00 (B) Per site fee: $140.00 (v) Specific license of broad scope authorizing research and development (non-human use) (A) Base fee: $2450.00 (B) Per site fee: $160.00 (c) Due date for inspection fees. Payment for inspection fees is due and payable 30 days after the billing date. Failure to pay any inspection fee may result in the suspension or revocation of a registration, certified registration or radioactive materials license. (Added City Record 4/24/2019, eff. 5/24/2019)
