Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations (216-RICR-40-20-10)


216-RICR-40-20-10 ACTIVE RULE

10.1 Authority

A. This Part is promulgated pursuant to the authority conferred under R.I. Gen. Laws § 23-1.3-5.

B. This Part provides establishes radiation safety requirements for persons utilizing sources of radiation for industrial radiography operations.

C. Except for industrial radiation machines regulated pursuant to Part 6 of this Subchapter, the regulations in this Part apply to all licensees or registrants who use sources of radiation for industrial radiography; provided, however, that nothing in this Part shall apply to the use of sources of radiation in the healing arts.

D. The provisions and requirements of this Part are in addition to, and not in substitution for, other requirements of this Subchapter.

10.2 Incorporated Material

A. Except as provided in this Part, the requirements of 10 C.F.R. Part 34 (2018) are incorporated by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Part.

B. Notwithstanding the provisions of § 10.2(A) of this Part, §§ 34.5, 34.8, 34.11, 34.13, 34.41, 34.43, 34.63, 34.65, 34.67, 34.69, 34.71, 34.73, 34.75, 34.81, 34.89, 34.101, 34.111, 34.121 and 34.123 of 10 C.F.R. Part 34 are not incorporated by reference.

C. Effect of incorporation of 10 C.F.R. Part 34. To reconcile differences between this Part and the incorporated sections of 10 C.F.R. Part 34, the following words and phrases shall be substituted for the language in 10 C.F.R. Part 34 as follows:

1. Any reference to NRC or Commission shall be deemed to be a reference to the Agency.

2. Any reference to NRC or agreement state shall be deemed to be a reference to the Agency, NRC or agreement state.

3. Any reference to byproduct material shall be deemed to be a reference to radioactive material.

4. Any notifications, reports or correspondence referenced in the incorporated sections of 10 C.F.R. Part 34 shall be directed to the Agency using contact information specified in § 1.4 of this Subchapter.

5. Any reference to licensee shall be deemed to include registrant.

6. Any reference to license shall be deemed to include registration.

7. Any reference to licensed shall be deemed to include registered.

10.3 Definitions

A. In addition to the definitions contained in 10 C.F.R. § 34.3, whenever used in this Part, the following terms shall be construed as follows:

1. “Act” means R.I. Gen. Laws Chapter 23-1.3 entitled "Radiation Control".

2. “Agency” means Rhode Island Radiation Control Agency (RCA), Center for Health Facilities Regulation - Radiation Control Program, Rhode Island Department of Health.

3. “Radioactive material” means any material (solid, liquid, or gas) which emits radiation spontaneously.

4. “Registrant” means any person who is registered with the Agency and is legally obligated to register with the Agency pursuant to this Subchapter and the Act.

5. “Registration” means registration with the Agency pursuant to this Subchapter and the Act.

10.4 Specific Licensing Provisions

A. In addition to the requirements set forth in § 7.6.2 of this Subchapter, a specific license for use of sealed sources in industrial radiography will be issued if:

1. The applicant submits an adequate program for training radiographers and radiographer's assistants that meets the requirements of § 10.6.3 of this Part.

2. The applicant submits procedures for verifying and documenting the certification status of radiographers and for ensuring that the certification of individuals acting as radiographers remains valid.

3. The applicant submits written operating and emergency procedures as described in § 10.6.4 of this Part.

4. The applicant submits a description of a program for inspections of the job performance of each radiographer and radiographer's assistant at intervals not to exceed six (6) months as described in § 10.6.3(E) of this Part.

5. The applicant submits a description of the applicant's overall organizational structure as it applies to the radiation safety responsibilities in industrial radiography, including specified delegations of authority and responsibility.

6. The applicant identifies and lists the qualifications of the individual(s) designated as the RSO pursuant to § 10.6.2 of this Part, and potential designees responsible for ensuring that the licensee's radiation safety program is implemented in accordance with approved procedures.

7. If an applicant intends to perform leak testing of sealed sources or exposure devices containing depleted uranium (DU) shielding, the applicant must describe the procedures for performing the test and the qualifications of the person(s) authorized to do the leak testing. If the applicant intends to analyze its own wipe samples, the application must include a description of the procedures to be followed. The description must include the:

a. Instruments to be used;

b. Method(s) of performing the analysis; and

c. Pertinent experience of the person who will analyze the wipe samples.

8. If the applicant intends to perform "in-house" calibrations of survey instruments the applicant must describe methods to be used and the relevant experience of the person(s) who will perform the calibrations. All calibrations must be performed according to the procedures described and at the intervals prescribed in § 10.5.4(A) of this Part.

9. The applicant identifies and describes the location(s) of all field stations and permanent radiographic installations.

10. The applicant identifies the location(s) where all records required by this Part and other Parts of this Subchapter will be maintained.

10.5 Equipment

10.5.1 Performance Requirements for Industrial Radiography Equipment

For the purpose of this Part, performance requirements for industrial radiography equipment are defined by 10 C.F.R. § 34.20.

10.5.2 Limits on External Radiation Levels from Storage Containers and Source Changers

For the purpose of this Part, limits on external radiation levels from storage containers and source changers are defined by 10 C.F.R. § 34.21.

10.5.3 Locking of Radiographic Exposure Devices, Storage Containers, and Source Changers

For the purpose of this Part, requirements for locking of radiographic exposure devices, storage containers, and source changers are defined by 10 C.F.R. § 34.23.

10.5.4 Radiation Survey Instruments

For the purpose of this Part, requirements for radiation survey instruments are defined by 10 C.F.R. § 34.25.

10.5.5 Leak Testing and Replacement of Sealed Sources

For the purpose of this Part, requirements for leak testing and replacement of sealed sources are defined by 10 C.F.R. § 34.27.

10.5.6 Quarterly Inventory

For the purpose of this Part, requirements for quarterly inventory are defined by 10 C.F.R. § 34.29.

10.5.7 Inspection and Maintenance of Radiographic Exposure Devices, Transport And Storage Containers, Associated Equipment, Source Changers, and Survey Instruments

For the purpose of this Part, requirements for inspection and maintenance of radiographic exposure devices, transport and storage containers, associated equipment, source changers, and survey instruments are defined by 10 C.F.R. § 34.31.

10.5.8 Permanent Radiographic Installations

For the purpose of this Part, requirements for permanent radiographic installations are defined by 10 C.F.R. § 34.33.

10.5.9 Labeling, Storage, and Transportation

For the purpose of this Part, requirements for labeling, storage, and transportation are defined by 10 C.F.R. § 34.35.

10.6 Radiation Safety Requirements

10.6.1 Conducting Industrial Radiographic Operations

A. Whenever radiography is performed at a location other than a permanent radiographic installation, the radiographer must be accompanied by at least one other qualified radiographer or an individual who has at a minimum met the requirements of § 10.6.3(C) of this Part. The additional qualified individual shall observe the operations and be capable of providing immediate assistance to prevent unauthorized entry. Radiography may not be performed if only one qualified individual is present.

B. All radiographic operations shall be conducted in a permanent radiographic installation, unless otherwise specifically authorized by the Agency.

C. Except when physically impossible, collimators shall be used in industrial radiographic operations that use radiographic exposure devices that allow the source to be moved out of the device.

D. A licensee or registrant may conduct lay-barge, offshore platform, or underwater radiography only if procedures have been approved by the Agency, the U.S. Nuclear Regulatory Commission or another Agreement State.

E. At a job site, the following shall be supplied by the licensee or registrant:

1. At least one operable, calibrated survey instrument for each exposure device or radiation machine in use;

2. A current whole body personnel monitor (TLD or film badge) for each person performing radiographic operations;

3. An operable, calibrated pocket dosimeter with a range of zero to 2 millisieverts (200 mrem) for each person performing radiographic operations;

4. An operable, calibrated, alarming ratemeter for each person performing radiographic operations using a radiographic exposure device; and

5. The appropriate barrier ropes and signs.

F. Each radiographer at a job site shall have on their person a valid certification ID card issued by a certifying entity.

G. Industrial radiographic operations shall not be performed if any of the items in §§ 10.6.1(E) and 10.6.1(F) of this Part are not available at the job site or are inoperable.

H. During an inspection, the Agency may terminate an operation if any of the items in §§ 10.6.1(E) and 10.6.1(F) of this Part are not available or operable, or if the required number of radiographic personnel are not present. Operations shall not be resumed until all required conditions are met.

10.6.2 Radiation Safety Officer for Industrial Radiography

For the purpose of this Part, requirements for Radiation Safety Officer for industrial radiography are defined by 10 C.F.R. § 34.42.

10.6.3 Training and Testing

A. The licensee or registrant shall not permit any individual to act as a radiographer until the individual:

1. Has received at least forty (40) hours of training in the subjects outlined in § 10.6.3(G) of this Part, in addition to on-the-job training consisting of hands-on experience under the supervision of a radiographer and is certified through a radiographer certification program by a certifying entity in accordance with the criteria specified in § 10.6.11 of this Part. The on-the-job training shall include a minimum of two (2) months (320 hours) of active participation in the performance of industrial radiography utilizing radioactive material and/or one (1) month (160 hours) of active participation in the performance of industrial radiography utilizing radiation machines. Individuals performing industrial radiography utilizing radioactive materials and radiation machines must complete both segments of the on the job training (3 months or 480 hours).

B. In addition, the licensee or registrant shall not permit any individual to act as a radiographer until the individual:

1. Has received copies of and instruction in RCA regulations as contained in this Part and applicable sections of Parts 1, 2, 7 and 12 of this Subchapter, in applicable DOT regulations as referenced in 10 C.F.R. Part 71, in the license(s) and/or certificate(s) of registration under which the radiographer will perform industrial radiography, and the licensee's or registrant's operating and emergency procedures.

2. Has demonstrated understanding of the items in § 10.6.3(B)(1) of this Part by successful completion of a written or oral examination.

3. Has received training in the use of the registrant's radiation machines or the licensee's radiographic exposure devices, sealed sources, in the daily inspection of devices and associated equipment, and in the use of radiation survey instruments; and

4. Has demonstrated understanding of the use of the equipment described in § 10.6.3(B)(3) of this Part by successful completion of a practical examination.

C. The licensee or registrant shall not permit any individual to act as a radiographer's assistant until the individual:

1. Has received copies of and instruction in RCA regulations as contained in this Part and applicable sections of Parts 1, 2, 7 and 12 of this Subchapter, in applicable DOT regulations as referenced in 10 C.F.R. Part 71, license(s) and/or certificate(s) of registration under which the radiographer's assistant will perform industrial radiography, and the licensee's or registrant's operating and emergency procedures;

2. Has demonstrated an understanding of items in § 10.6.3(B)(1) of this Part by successful completion of a written or oral examination;

3. Has received training in the use of the registrant's radiation machines, or the licensee's radiographic exposure devices, sealed sources, in the daily inspection of devices and associated equipment, and in the use of radiation survey instruments;

4. Has demonstrated understanding of the use of the equipment described in § 10.6.3(B)(3) of this Part by successful completion of a practical examination.

D. The licensee or registrant shall provide annual refresher safety training for each radiographer and radiographer's assistant at intervals not to exceed twelve (12) months.

E. Except as provided in § 10.6.3(E)(4) of this Part, the RSO or designee shall conduct an inspection program of the job performance of each radiographer and radiographer's assistant to ensure that the Agency's regulations, license and/or certificate of registration requirements, and the applicant's operating and emergency procedures are followed. The inspection program shall:

1. Include observation of the performance of each radiographer and radiographer's assistant during an actual industrial radiographic operation, at intervals not to exceed six (6) months; and

2. Provide that, if a radiographer or a radiographer's assistant has not participated in an industrial radiographic operation for more than six (6) months since the last inspection, the radiographer must demonstrate knowledge of the training requirements of § 10.6.3(B)(3) of this Part and the radiographer's assistant must re-demonstrate knowledge of the training requirements of § 10.6.3(C)(2) of this Part by a practical examination before these individuals can next participate in a radiographic operation.

3. The Agency may consider alternatives in those situations where the individual serves as both radiographer and RSO.

4. In those operations where a single individual serves as both radiographer and RSO, and performs all radiography operations, an inspection program is not required.

F. The licensee or registrant shall maintain records of the above training to include certification documents, written and practical examinations, refresher safety training and inspections of job performance in accordance with § 10.7.5 of this Part.

G. The licensee or registrant shall include the following subjects required in § 10.6.3(A) of this Part:

1. Fundamentals of radiation safety including:

a. Characteristics of gamma and X-radiation;

b. Units of radiation dose and quantity of radioactivity;

c. Hazards of exposure to radiation;

d. Levels of radiation from sources of radiation; and

e. Methods of controlling radiation dose (time, distance, and shielding);

2. Radiation detection instruments including:

a. Use, operation, calibration, and limitations of radiation survey instruments;

b. Survey techniques; and

c. Use of personnel monitoring equipment.

3. Equipment to be used including:

a. Operation and control of radiographic exposure equipment, remote handling equipment, and storage containers, including pictures or models of source assemblies (pigtails);

b. Operation and control of radiation machines;

c. Storage, control, and disposal of sources of radiation; and

d. Inspection and maintenance of equipment.

4. The requirements of pertinent Agency and Federal regulations; and

5. Case histories of accidents in radiography.

H. Records of radiographer certification maintained in accordance with § 10.7.5(A) of this Part provide appropriate affirmation of certification requirements specified in § 10.6.3(A) of this Part.

10.6.4 Operating and Emergency Procedures

For the purpose of this Part, requirements for operating and emergency procedures are defined by 10 C.F.R. § 34.45.

10.6.5 Supervision of Radiographers' Assistants

For the purpose of this Part, requirements for supervision of radiographers' assistants are defined by 10 C.F.R. § 34.46.

10.6.6 Personnel Monitoring

For the purpose of this Part, requirements for personnel monitoring are defined by 10 C.F.R. § 34.47.

10.6.7 Radiation Surveys

For the purpose of this Part, requirements for radiation surveys are defined by 10 C.F.R. § 34.49.

10.6.8 Surveillance

For the purpose of this Part, surveillance requirements are defined by 10 C.F.R. § 34.51.

10.6.9 Posting

For the purpose of this Part, posting requirements are defined by 10 C.F.R. § 34.53.

10.6.10 Reporting Requirements

A. In addition to the reporting requirements specified under other sections of this Subchapter, each licensee shall provide a written report to the Agency within thirty (30) days of the occurrence of any of the following incidents involving radiographic equipment:

1. Unintentional disconnection of the source assembly from the control cable;

2. Inability to retract the source assembly to its fully shielded position and secure it in this position;

3. Failure of any component (critical to safe operation of the device) to properly perform its intended function; or

4. An indicator on a radiation machine fails to show that radiation is being produced, an exposure switch fails to terminate production of radiation when turned to the off position, or a safety interlock fails to terminate x-ray production.

B. The licensee or registrant shall include the following information in each report submitted under § 10.6.10(A) of this Part:

1. A description of the equipment problem;

2. Cause of each incident, if known;

3. Name of the manufacturer and model number of equipment involved in the incident;

4. Place, time and date of the incident;

5. Actions taken to establish normal operations;

6. Corrective actions taken or planned to prevent recurrence; and

7. Names and qualifications of personnel involved in the incident.

C. Reports of overexposure submitted under § 1.17.3 of this Subchapter which involve failure of safety components of radiography equipment must also include the information specified in § 10.6.10(B) of this Part.

D. Any licensee or registrant conducting radiographic operations or storing sources of radiation material at any location not listed on the license and/or certificate of registration for a period in excess of one hundred and eighty (180) days in a calendar year, shall notify the Agency prior to exceeding the one hundred and eighty (180) days.

10.6.11 Radiographer Certification

For the purpose of this Part, requirements for radiographer certification are defined by Appendix A to 10 C.F.R. Part 34.

10.7 Recordkeeping Requirements

10.7.1 Records Required at Temporary Jobsites

A. Each licensee or registrant shall maintain current copies of the following documents and records sufficient to demonstrate compliance at each applicable field station and each temporary jobsite:

1. Appropriate license, certificate of registration or equivalent document authorizing the use of sources of radiation.

2. Operating and emergency procedures required by § 10.7.6 of this Part.

3. A copy of this Subchapter.

4. Survey records as required by § 10.7.8 of this Part, for the period of operation at the site.

5. Records of dosimeter readings as required by § 10.7.7 of this Part.

6. Utilization log for each source of radiation dispatched from that location as required by § 10.7.4 of this Part.

7. Records of equipment problems identified in daily checks of equipment as required by §§ 10.5.7(B) and (C) of this Part;

8. Records of alarm system and entrance control checks required by § 10.5.8(B) of this Part, if applicable;

9. Evidence of the latest calibration of the radiation survey instruments in use at the site, as required by § 10.5.4(B) of this Part;

10. Evidence of the latest calibrations of alarm ratemeters and operability checks of dosimeters as required by § 10.7.7 of this Part;

11. The shipping papers for the transportation of radioactive materials required by 10 C.F.R. § 71.5; and

12. When operating under reciprocity pursuant to § 7.10 of this Subchapter, a copy of the applicable State license or certificate of registration, or U.S. Nuclear Regulatory Commission license authorizing the use of sources of radiation.

10.7.2 Records of the Specific License for Industrial Radiography

For the purpose of this Part, requirements for records of the specific license for industrial radiography are defined by 10 C.F.R. § 34.61.

10.7.3 Records of the Receipt and Transfer of Sealed Sources

For the purpose of this Part, requirements for records of the receipt and transfer of sealed sources are defined by 10 C.F.R. § 34.63.

10.7.4 Utilization Logs

A. Each licensee or registrant shall maintain utilization logs showing for each source of radiation the following information:

1. A description, including the make, model and serial number of the radiation machine or the radiographic exposure device, transport or storage container in which the sealed source is located;

2. The identity and signature of the radiographer to whom assigned;

3. Locations where used and dates of use, including the dates removed and returned to storage; and

4. For permanent radiographic installations, the dates each radiation machine is energized.

B. The licensee or registrant shall retain the logs required by § 10.7.4(A) of this Part for three (3) years after the log is made.

10.7.5 Records of Training and Certification

For the purpose of this Part, requirements for records of training and certification are defined by 10 C.F.R. § 34.79.

10.7.6 Copies of Operating and Emergency Procedures

Each licensee or registrant shall maintain a copy of current operating and emergency procedures until the Agency terminates the license and/or certificate of registration. Superseded material must be retained for three (3) years after the change is made.

10.7.7 Records of Personnel Monitoring Procedures

For the purpose of this Part, requirements for records of personnel monitoring procedures are defined by 10 C.F.R. § 34.83.

10.7.8 Records of Radiation Surveys

For the purpose of this Part, requirements for records of radiation surveys are defined by 10 C.F.R. § 34.85.

10.7.9 Form of Records

For the purpose of this Part, requirements for form of records are defined by 10 C.F.R. § 34.87.

10.7.10 Location of Documents and Records

A. Each licensee or registrant shall maintain copies of records required by this Part and other applicable parts of this Subchapter at the location specified in § 10.4(A) of this Part.

B. Records shall also be maintained at each applicable field station and each temporary jobsite, as specified by § 10.7.1 of this Part.

Title 216 Rhode Island Department of Health
Chapter 40 Professional Licensing and Facility Regulation
Subchapter 20 Radiation
Part 10 Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations (216-RICR-40-20-10)
Type of Filing Adoption
Regulation Status Active
Effective 01/01/2019

Regulation Authority :

R.I. Gen. Laws § 23-1.3-5

Purpose and Reason :

In accordance with the Administrative Procedures Act, R.I. Gen. Laws Section 42-35-3(a)(1), the following is a concise statement regarding this rulemaking for Licenses for Industrial Radiography and Radiation Safety Requirements for Industrial Radiographic Operations (216-RICR-40-20-10). This amendment to the regulations reorganizes existing radiation control regulations into distinct Parts in order to make them more accessible to the regulated community and the general public, and to reduce the volume of said regulations by utilizing incorporation by reference of applicable portions of Titles 10 and 21 of the Code of Federal Regulations (C.F.R.). § 10.7.4(A)(2) was revised to clarify that both the identity and signature of the radiographer is required, consistent with and as a logical outgrowth of the regulations posted for public comment. In the development of this rule, consideration was given to: 1) alternative approaches; 2) overlap or duplication with other statutory and regulatory provisions; and 3) significant economic impact on small business. No alternative approach, duplication, or overlap was identified based on available information. RIDOH has determined that the benefits of this rule justify its costs.

There are no electronic rulemaking documents for rules filed prior to August 14, 2018. For rulemaking documents for rules filed prior to this date, please contact the appropriate agency's Rules Coordinator.