§ 33-03 Registration and Inspections.
RCNY § 33-03
(a)Registration. Prior to being maintained or operated in a correctional facility, a body scanner must be registered with the Department. A body scanner may be installed at a correctional facility prior to registration solely for the purpose of conducting the testing required for registration. Registrations are valid for two years and may be renewed upon expiration.
(b)Application for registration or renewal. An application to register or renew any body scanner must be made to, and in a manner prescribed by, the Department and must include: (1) The name, model number, body scanner technique factors and any other identifying information about the particular piece of body imaging scanning equipment; (2) The building and location where the body scanner will be used; (3) The security conditions under which the body scanner will be used to ensure that individuals other than the subject are not exposed to radiation; and (4) Submission of results of the following tests performed by a qualified physicist: (A) A protection survey to demonstrate the radiation level in the immediate surrounding areas including the operators' position. These measurements along with the projected maximum workload, occupancy and other factors must be used to demonstrate compliance with 24 RCNY Health Code § 175.03(c), (d), and (f) standards for protection against ionizing radiation, or any successor regulation. The radiation protection survey must be conducted from different locations in all directions from the body scanner to a location of the point where the radiation level rate is equal or greater than 0.05 mrem in any hour under maximum workload conditions. The radiation protection survey report must be signed by the Qualified Physicist and the individual conducting the survey, and must have an attached calibration report for all instruments used to conduct the radiation survey. (B) The estimate of the reference effective dose must be determined according to the relevant sections of Section 6.1.3 of ANSI Standard 43.17 and must demonstrate that during a single scan, an individual will not receive a total reference effective dose greater than 10 uSv. (C) All imaging tests conducted by a Qualified Physicist as mandated in 24 RCNY § 33-04 and, if such tests indicate compliance limits are exceeded, then service reports indicating any corrective action conducted on the body scanner and the results of retesting conducted by a Qualified Physicist must be also submitted. (D) Any additional documentation requested by the Department.
(c)Inspections.
(1)Any body scanner subject to the registration requirements of this Chapter will be inspected by the Department to monitor compliance with the provisions of this Chapter. Inspections will be conducted at least annually.
(2)Re-inspections or other appropriate follow-up activities will be conducted at a frequency determined by the Department to monitor correction of any violation found during an initial inspection and remaining uncorrected at the conclusion thereof.
(d)Orders. The Department may order that a body scanner be immediately shutdown if its operation threatens public health or puts anyone's safety at risk. (Added City Record 1/16/2019, eff. 2/15/2019)
