TITLE 32: ENERGY
CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY
SUBCHAPTER b: RADIATION PROTECTION
PART 410
RADIATION INSPECTORS AND INSPECTIONS
Section
410.10 Policy and Scope
410.20 Radiation Inspectors Education/Experience and Instrumentation
Requirements
410.30 Approval of Application and Application/Registration Fees
410.40 Radiation Installations and Classifications
410.50 Inspection Procedures
410.60 Choice of Type of Inspector, Inspection Fees and Inspection
Schedule
410.70 Separate Installation
410.80 Change in Operator
ILLUSTRATION A NEW FACILITY FILING ANNIVERSARY DATE (CLASS C FACILITY USED
AS AN EXAMPLE)
ILLUSTRATION B EXISTING FACILITY FILING ANNIVERSARY DATE (CLASS B FACILITY
USED AS AN EXAMPLE)
AUTHORITY: Implementing and authorized by Sections 4 and 8.9 of the Radiation
Protection Act (Ill. Rev. Stat. 1989, ch. 111�, pars. 214 and 218.9).
SOURCE: Adopted at 8 Ill. Reg. 23209, effective November 19, 1984, amended at
9 Ill. Reg. 17821, effective November 5, 1985; amended at 10 Ill. Reg. 13265,
effective July 29, 1986; amended at 13 Ill. Reg. 342, effective January 30,
1989; amended at 14 Ill. Reg. 13638, effective August 13, 1990.
Section 410.10 Policy and Scope
a) The Radiation Protection Advisory Council shall recommend criteria
to the Department of Nuclear Safety (Department) for education,
experience and instrumentation standards for inspectors of
radiation machines in radiation installations.
b) The Department shall:
1) Establish radiation machine inspection standards for the
protection of the public health.
2) Maintain and provide, on request, a list of persons approved
as qualified nondepartment inspectors of radiation machines.
3) Review the findings and inspection procedures of qualified
nondepartment inspectors.
(Source: Amended at 13 Ill. Reg. 342, effective January 30, 1989)
Section 410.20 Radiation Inspectors Education/Experience and Instrumentation
Requirements
a) An individual is considered qualified to be an inspector of
radiation machines if his or her credentials satisfy the criteria
which have been recommended by the Radiation Protection Advisory
Council (See Section 8.9 of the Radiation Protection Act (the Act)
Ill. Rev. Stat. 1987, ch. 111�, par. 218.9) and approved by the
Department as set forth in this Section.
b) Inspections and testing of radiation machines shall be conducted by
designated Department personnel or by other qualified nondepartment
inspectors. Approval of the nondepartment inspectors shall be
based upon meeting the education/certification and experience in
clinical practice requirements indicated in any one of the criteria
set forth below.
Education and/or Experience
Certification
1) Certification by the and experience included
American Board of in certification.
Radiology in radio-
logical physics or
diagnostic radio-
logical physics
2) Certification by the and experience included
American Board of in certification.
Health Physics
3) Doctorate (Ph.D. and 6 months of applied
degree) in health x-ray radiation
physics, medical protection
radiological physics experience.
or physics
4) Master's (MS/MA) degree and1 year of applied
in health physics, x-ray radiation
medical radiological protection
physics or physics experience.
5) Bachelor's (BS/BA) and 2 years of applied
degree in health x-ray radiation
physics, medical protection
radiological physics experience.
or physics
6) Master's (MS/MA) or and 3 years of applied
Bachelor's (BS/BA) x-ray radiation
degree in a physical protection
science or mathematics experience.
7) Registered Radiologic and 5 years of applied
Technologist x-ray radiation
protection
experience.
c) Upon initial application to the Department, and as a condition for
approval as a qualified inspector, an applicant shall submit
verification of access to instruments which will enable the
individual to perform inspections and tests in accordance with
Department standards.
(Source: Amended at 13 Ill. Reg. 342, effective January 30, 1989)
Section 410.30 Approval of Application and Application/Registration Fees
a) An applicant for approval by the Department as a qualified
nondepartment inspector shall submit a complete and legible
application on a form prescribed and furnished by the Department.
The Department shall assess each applicant an application fee, as
prescribed in Section 8.9(e) of the Act, which will serve as a
registration fee for the remainder of the calendar year. The
application fee is non-refundable.
b) The Department shall provide written notification to the applicant
concerning the status of the application within 4 weeks after
receipt of the application. If approval is granted, the applicant
shall receive a "Notice of Approval" and the individual's name and
address shall be entered in the record of persons approved as
qualified nondepartment inspectors of radiation machines.
c) The Department shall assess all qualified nondepartment inspectors
an annual registration fee, as prescribed in Section 8.9(e) of the
Act, payable on January 1 of each year. The registration fee is
non-refundable. Failure of the inspector to remit the appropriate
registration fee will cause the Department to remove the
individual's name from the record specified in subsection (b). If
an individual's name is removed from the record of qualified
nondepartment inspectors, the Department will not accept radiation
machine inspection reports completed on or after the date the
inspector's name was removed from the record.
d) If an individual's name is removed from the record of qualified
nondepartment inspectors, he or she may reapply for approval by the
Department in accordance with the requirements of subsections (a)
and (b).
(Source: Amended at 13 Ill. Reg. 342, effective January 30, 1989)
Section 410.40 Radiation Installations and Classifications
a) Class A - shall include all radiation installations utilizing
radiation machines located in dental offices and clinics and used
solely for dental diagnosis, or located in veterinary offices and
used solely for diagnosis, and all installations using commercially
manufactured cabinet radiographic/fluoroscopic radiation machines
and electron microscopes. (See Section 8.9(f) of the Act.)
b) Class B - shall include all radiation installations utilizing
radiation machines located in offices or clinics of persons
licensed under the "Medical Practice Act of 1987" (Ill. Rev. Stat.
1987, ch. 111, par. 4400-1 et seq.) or under the "Podiatric Medical
Practice Act of 1987" (Ill. Rev. Stat. 1987, ch. 111, par. 4801 et
seq.) and used solely for diagnosis or therapy and all
installations using spectroscopy radiation machines, non-
commercially manufactured cabinet radiographic/fluoroscopic
radiation machines, portable radiographic/fluoroscopic radiation
machines, non-cabinet baggage/package fluoroscopic radiation
machines and electronic beam welders. (See Section 8.9(f) of the
Act.)
c) Class C - shall include all radiation installations utilizing
radiation machines which are not classified as Class A or Class B
installations. Class C shall include but not be limited to
radiation machines located in hospitals and educational
institutions and all installations using diffraction radiation
machines, open radiography radiation machines, closed
radiographic/fluoroscopic radiation machines and radiation machines
used as gauges. Test booths, tubs, baths or rooms used by
manufacturing, assembly or repair facilities for testing radiation
machines shall be categorized as Class C radiation installations.
(See Section 8.9(f) of the Act.)
d) Radiation installations utilizing radiation machines that are in
different classes (see subsections (a), (b), and (c) above) will be
assigned a classification based upon the machine(s) requiring the
most frequent inspecting and testing. (See Section 410.60(d).)
(Source: Amended at 13 Ill. Reg. 342, effective January 30, 1989)
Section 410.50 Inspection Procedures
a) It will be the responsibility of the Departmental inspector and the
qualified nondepartment inspector to:
1) Establish that radiation machines are being maintained and
operated in accordance with standards established by the
Department to protect the public health as set forth in 32
Ill. Adm. Code 310, 320, 340, 350, 360, 380, 390, 400, and
401; and
2) Consult with the operator to ascertain the identity of
individuals who use the equipment to administer ionizing
radiation to human beings (See 32 Ill. Adm. Code 360.30(a)(4)
and 360.30(i)) and to verify that those named individuals are
licensed in accordance with state law, are accredited by the
Department, or are exempt from such requirements in accordance
with 32 Ill. Adm. Code 401.30.
b) It will be the responsibility of the qualified nondepartment
inspector to provide timely, accurate, and thorough inspection
reports and certify all survey findings on appropriate Department
radiation machine inspection forms. A survey instruction manual
will be provided to each inspector by the Department for the
completion of this requirement.
c) It will be the responsibility of the qualified nondepartment
inspector to perform radiation measurements with instruments which
are sufficiently sensitive to determine compliance with the
standards established by the Department under this section. These
instruments shall be calibrated with devices which have no more
than a three step (tertiary) calibration, traceable to the National
Bureau of Standards.
d) It will be the responsibility of the qualified nondepartment
inspector to certify on appropriate Department radiation machine
inspection forms for each inspection that his/her instruments have
been properly calibrated at intervals not to exceed 12 months prior
to each inspection.
e) It will be the responsibility of the qualified nondepartment
inspector to maintain, for a period of at least 3 inspection cycles
(See Section 410.60(d)), a copy of all inspection data gathered
during inspections of radiation machines conducted in accordance
with subsections (a)(1) and (2) above.
f) It will be the responsibility of each operator of a radiation
installation, upon completion of the inspection and testing of the
radiation machine(s) by a qualified nondepartment inspector, to
forward a clear, legible copy of the inspection report along with
the appropriate filing fee to the Department. (See Section
410.60(a) (3).) In the event the Department has reason to question
the accuracy or thoroughness of a radiation machine inspection
report due to the submission of incomplete or contradictory
information or wherein it is not possible to verify compliance with
the Department's standards for operating such equipment in
accordance with 32 Ill. Adm. Code 310, 320, 340, 350, 360, 380,
390, 400 and 401, the report will be returned to the operator for
completion, correction or for reinspection as appropriate. Forms
returned to the operator for corrections or completion must be
returned to the Department within 30 days of receipt.
g) Within 30 days of receipt of a completed radiation machine
inspection report, the Department will provide results to the
operator regarding the inspector's survey.
h) Reviews of qualified nondepartment inspectors' survey findings and
inspection procedures will be conducted by the Department. Items
and procedures considered as part of such reviews shall include,
but need not be limited to, one or more of the following:
1) The type of instruments used by the inspector;
2) The procedures for the use of these instruments to determine
compliance with Department standards;
3) The thoroughness and accuracy of inspection reports;
4) Use of other documents and investigative procedures to assure
compliance with Department standards listed in subsection (a);
and
5) Reinspection and testing by the Department of the radiation
machines, records, and associated operating procedures of a
radiation installation that were inspected by a qualified
nondepartment inspector.
(Source: Amended at 13 Ill. Reg. 342, effective January 30, 1989)
Section 410.60 Choice of Type of Inspector, Inspection Fees and Inspection
Schedule
a) Operators of radiation installations shall assure that the
installations, including all radiation machines located therein,
are registered with the Department in accordance with the
provisions of 32 Ill. Adm. Code 320 and are inspected and tested in
accordance with the requirements of this Part.
1) Operators may elect to have their radiation machines and
associated operating procedures inspected and tested by either
a Departmental inspector or by a qualified nondepartment
inspector whose name is included in the Department's record of
persons approved as qualified inspectors of radiation
machines.
2) Fees for Department inspection and testing will be as
prescribed in the Act.
AGENCY NOTE: The fee for a Department inspection and testing
will be $45 per radiation machine located in dental offices
and clinics and used solely for dental diagnosis, in
veterinary offices and used solely for diagnosis, or in
offices and clinics of persons licensed under the Podiatric
Medical Practice Act of 1987 (Ill. Rev. Stat. 1989, ch. 111,
par. 4801 et seq.), and used solely for diagnosis or therapy.
The fee for inspection and testing in all other cases shall be
$65 per radiation machine before January 1, 1990, and $80.00
per radiation machine on or after January 1, 1990. The
Department will bill the operator for the appropriate fee
after the machine has been inspected and tested. (See Section
8.9(a) of the Act.)
3) If the operator elects to have a qualified nondepartment
inspector inspect and test the radiation equipment, the
Department will assess a filing fee per radiation machine, as
prescribed in Section 8.9(b) of the Act. The filing fee is
payable, by the operator, to the Department upon submission of
the qualified nondepartment inspector's radiation inspection
report.
AGENCY NOTE: The filing fee for radiation machine inspection
and testing results is $5.00 per machine through December 31,
1989. Beginning January 1, 1990, the filing fee for
inspection and testing results is $25.00 per machine. (See
Section 8.9(b) of the Act.)
b) Operators of radiation installations shall assure that all
radiation machines located in that installation are maintained and
operated in accordance with standards established by the Department
to protect the public health and safety as set forth in 32 Ill.
Adm. Code 310, 320, 340, 350, 360, 380, 390, 400, and 401.
Operators shall also assure that all persons who use a radiation
machine to administer ionizing radiation to human beings are
licensed in accordance with the requirements of 32 Ill. Adm. Code
360.10 or are accredited by the Department or exempt from such
requirements in accordance with 32 Ill. Adm. Code 401.30.
c) Inspection Report Filing Anniversary Date (See Illustrations A and
B for Anniversary Date Explanations)
1) Each operator of a radiation installation shall file an
application for initial inspection and testing to be performed
by either a Departmental inspector or a qualified
nondepartment inspector no later than 30 days after the
initial installation of a radiation machine(s) (See Section
8.9(c) of the Act) or 30 days after the effective date of this
Part, whichever is later. The radiation machine(s) shall be
inspected and tested in accordance with Section 410.50(a) and
radiation inspection report(s) filed with the Department
within 6 months of the date of initial installation or the
effective date of this Part, whichever is later. The
inspection and testing end date will establish the operator's
filing anniversary date for filing subsequent radiation
machine inspection reports. All future inspection and testing
of the operator's radiation machine(s) must be performed and
the radiation inspection report filed either on the filing
anniversary date or within the 5 month period immediately
preceding the operator's filing anniversary date.
2) For operators of radiation installations who have filed
radiation inspection reports with the Department previous to
the effective date of this Part, the filing anniversary date
will be the end date of the last inspection and testing period
as indicated on the most recent inspection report filed with
the Department. All future inspection(s) and testing(s) of
the operator's radiation machine(s) must be completed and the
report filed either on the filing anniversary date or within
the 5 month period immediately preceding the operator's filing
anniversary date.
3) If any radiation machine(s) is installed, relocated (i.e.,
stationary equipment that has been moved) or reactivated
within 7 months prior to the operator's inspection report
filing anniversary date, and if the machine(s) is inspected
during the 7 month period, the radiation machine(s) does not
have to be reinspected within the 5 month period prescribed in
subsection (c)(1). The radiation inspection report(s) shall
be filed with the Department on or before the operator's
inspection report filing anniversary date.
4) If any radiation machine(s) totally replaces the operator's
radiation machine inventory, the operator's inspection report
filing anniversary date will be changed to the end date of the
inspection and testing of the radiation machine(s). In
accordance with subsection (c)(1), inspection reports shall be
filed within 6 months from the date of installation of the
replacement machine(s).
d) An operator shall file an application for subsequent inspections to
be performed by either a Departmental or qualified nondepartment
inspector in accordance with the following schedule:
1) Operators of Class A installations shall file an application
for inspection each 3 years.
2) Operators of Class B installations shall file an application
for inspection each 2 years.
3) Operators of Class C installations shall file an application
for inspection annually.
4) Applications for inspections of existing radiation machines
must be filed with the Department within 9 months of the
operator's inspection report filing anniversary date.
e) Within 30 days of the installation of new, used, relocated or
reactivated radiation machines, the operator shall file an
application for an inspection by either a Departmental inspector or
a qualified nondepartment inspector. Inspection and testing of the
radiation machine(s) shall be performed in accordance with
subsection (c) above and radiation inspection report(s) filed with
the Department within 6 months of the date of installation/activa-
tion of the system(s). This Section applies to the relocation or
reactivation of a radiation machine(s) that previously had been
stored or rendered mechanically or electrically inoperable by the
operator.
(Source: Amended at 14 Ill. Reg. 13638, effective August 13, 1990)
Section 410.70 Separate Installation
Radiation Installations shall be defined as any location or facility where
radiation machines are used. For purposes of registration and inspection
frequency, the Department shall interpret "radiation installation" as follows:
a) A radiation machine which is utilized by a given Class as defined
in Section 410.40, is operated by the same person and is located in
1 building or in buildings which are contiguous to one another will
be treated as a single radiation installation, except as provided
in subsection (b) below.
b) If the Department is treating radiation machines which are located
in different buildings as being part of a single radiation
installation in accordance with subsection (a) and the operator
seeks to have the facilities treated as separate installations, the
Department will consider the facilities as separate radiation
installations upon receipt of a written request of the operator.
(Source: Amended at 13 Ill. Reg. 342, effective January 30, 1989)
Section 410.80 Change in Operator
Within 30 days of changing the operator of a radiation installation, the new
operator must notify the Department and must file an application for
inspection by either a Departmental inspector or by a qualified nondepartment
inspector. Such filing and inspection must be made regardless of the length
of time which has passed since the most recent inspection of the radiation
installation through the previous operator.
(Source: Amended at 13 Ill. Reg. 342, effective January 30, 1989)
Section 410.ILLUSTRATION A NEW FACILITY FILING ANNIVERSARY DATE (CLASS C
FACILITY USED AS AN EXAMPLE)
AGENCY NOTE: Letters set off by closed parenthesis in the above Illustration
correspond to the arabic outline letters below.
A) An operator of a "Class C" facility installs a radiation machine. (See
Section 410.40(c).)
B) Prior to operation, the operator must register the radiation machine
with the Department. (See 32 Ill. Adm. Code 320.10.)
C) The Department will forward an application for inspection to the
operator upon notification of the installation of a radiation machine.
The application will be the mechanism by which an operator will declare
his or her preference for either a Department or qualified nondepartment
inspector. (See Sections 410.60(a)(1) and (c)(1).)
D) The operator is required to file the application for inspection within
30 days from the date of installation of the radiation machine. (See
Section 410.60(c)(1).)
E) The operator must have his or her radiation machine inspected and a
radiation inspection report filed with the Department within 6 months of
the date of initial installation. (See Section 410.60(c)(1).)
F) The end date of the radiation machine inspection and testing will
establish the operator's filing anniversary date for filing subsequent
inspection reports. All future inspection and testing of the operator's
radiation machine(s) must be performed and the radiation inspection
report filed with the Department either on the filing anniversary date
or within the 5 month period immediately preceding the filing
anniversary date. (See Section 410.60(c)(1).)
G) The operator is required to file an application with the Department for
reinspection of his or her radiation machine within 9 months of the
filing anniversary date. (See Section 410.60(d)(4).)
H) The operator installs a new/used radiation machine or relocates/
reactivates an existing radiation machine that had been previously
stored or rendered mechanically inoperable.
I) The operator shall file an application with the Department for
inspection within 30 days of the installation of new, used, relocated,
or reactivated radiation machines. The inspection and testing of the
radiation machine(s) shall be performed in accordance with Section
410.50(a) and radiation inspection report(s) filed with the Department
within 6 months of the date of activation of the system(s). (See
Section 410.60(e).)
J) If any radiation machine(s) is installed, relocated or reactivated
within 7 months prior to the operator's inspection report filing
anniversary date, and if the machine(s) is inspected during the 7 month
period, the radiation machine(s) does not have to be reinspected within
the 5 month period prescribed in Section 410.60(c)(1). The radiation
inspection report(s) shall be filed with the Department on or before the
operator's inspection report filing anniversary date. (See Section
410.60(c)(3).)
K) If any radiation machine(s) totally replaces the operator's radiation
machine inventory, the operator's inspection report filing anniversary
date will be changed to the end date of the inspection and testing of
the radiation machine(s). In accordance with Section 410.60(c)(1),
inspection reports shall be filed within 6 months from the date of
installation of the replacement machine(s). (See Section 410.60(c)(4).)
(Source: Added at 13 Ill. Reg. 342, effective January 30, 1989)
Section 410.ILLUSTRATION B EXISTING FACILITY FILING ANNIVERSARY DATE (CLASS B
FACILITY USED AS AN EXAMPLE)
AGENCY NOTE: Letters set off by closed parenthesis in the above Illustration
correspond to the arabic outline letters below.
A) The effective date of Section 410.60(c).
B) The end date of the operator's last radiation machine inspection and
testing ("Class B" facility).
C) The end date of the radiation machine inspection and testing will
establish the operator's filing anniversary date for filing subsequent
inspection reports. All future inspection and testing of the operator's
radiation machine(s) must be performed and the radiation inspection
report filed with the Department either on the filing anniversary date
or within the 5 month period immediately preceding the filing
anniversary date. (See Section 410.60(c)(2).)
D) The operator is required to file an application with the Department for
reinspection of his or her radiation machine within 9 months of the
filing anniversary date. (See Section 410.60(d)(4).)
E) The operator installs a new or used radiation machine or relocates or
reactivates an existing radiation machine that had been previously
stored or rendered mechanically inoperable.
F) The operator shall file an application with the Department for
inspection within 30 days of the installation of new, used, relocated,
or reactivated radiation machines. The inspection and testing of the
radiation machine(s) shall be performed in accordance with Section
410.50(a) and radiation inspection report(s) filed with the Department
within 6 months of the date of activation of the system(s). (See Section
410.60(e).)
G) If any radiation machine(s) is installed, relocated or reactivated
within 7 months prior to the operator's inspection report filing
anniversary date, and if the machine(s) is inspected during the 7 month
period, the radiation machine(s) does not have to be reinspected within
the 5 month period prescribed in Section 410.60(c)(1). The radiation
inspection report(s) shall be filed with the Department on or before the
operator's inspection report filing anniversary date. (See Section
410.60(c)(3).)
H) If any radiation machine(s) totally replaces the operator's radiation
machine inventory, the operator's inspection report filing anniversary
date will be changed to the end date of the inspection and testing of
the radiation machine(s). In accordance with Section 410.60(c)(1),
inspection reports shall be filed within 6 months from the date of
installation of the replacement machine(s). (See Section 410.60(c)(4).)
(Source: Added at 13 Ill. Reg. 342, effective January 30, 1989)
