459.218 - Duties and restrictions regarding certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere

459.218. Duties and restrictions regarding certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere

Any person who owns, receives, acquires, possesses, uses or transfers radioactive material in a device pursuant to the general license specified in subsection 1 of NAC 459.216:

1. Shall ensure that all labels affixed to the device at the time of receipt, and bearing a statement that removal of the label is prohibited, are maintained thereon and comply with all instructions and precautions provided by the labels.

2. Shall ensure that the device is tested for leakage of radioactive material and proper operation of the on-and-off mechanism and indicator, if any, and that such tests are conducted at no longer than 6-month intervals or at such other intervals as are specified in the label, except that:

(a) Devices containing only krypton need not be tested for leakage of radioactive material; and

(b) Devices containing only tritium or not more than 100 microcuries (3.7 megabecquerels) of other beta- or gamma-emitting material, or both, or 10 microcuries of alpha-emitting material and devices held in storage in the original shipping container before initial installation need not be tested for any purpose.

3. Shall ensure that the tests required by subsection 2 and other testing, installation, servicing and removal from installation, involving the radioactive materials, its shielding or containment, are performed and recorded:

(a) In accordance with the instructions provided by the labels; or

(b) By a person holding an applicable specific license from the Division, the Nuclear Regulatory Commission or an agreement state to perform such activities.

4. Shall maintain records showing compliance with the requirements of subsections 2 and 3. The records must show the results of tests. The records also must show the dates of performance of, and the names of persons performing, testing, installing, servicing and removal from installation concerning the radioactive material, its shielding or containment. Records of tests for leakage of radioactive material required by subsection 2 must be retained for 3 years after the next required leak test is performed or until the sealed source is transferred or disposed of. Records of tests of the on-and-off mechanism and indicator required by subsection 2 must be retained for 3 years after the next required test of the on-and-off mechanism and indicator is performed or until the sealed source is transferred or disposed of. Records which are required by subsection 3 must be retained for 3 years from the date of the recorded event or until the device is transferred or disposed of.

5. Upon the occurrence of a failure of or damage to, or any indication of a possible failure of or damage to, the shielding of the radioactive material or the on-and-off mechanism or indicator, or upon the detection of 0.005 microcurie (185 becquerels) or more of removable radioactive material:

(a) Shall immediately inform the Division by telephone;

(b) Shall immediately suspend operation of the device;

(c) Shall, within 30 days, furnish to the Division a report containing a brief description of the event and the remedial action taken;

(d) Shall, in a case of detection of 0.005 microcurie (185 becquerels) or more of radioactive material or failure of or damage to a source likely to result in contamination of the premises or the environs, furnish to the Division a plan for ensuring that the premises and environs are acceptable for unrestricted use; and

(e) Shall not, in a case of detection of 0.005 microcurie (185 becquerels) or more of radioactive material or failure of or damage to a source likely to result in contamination of the premises and the environs, operate the device until it has been repaired by the manufacturer or other person holding a specific license to repair the device issued pursuant to 10 C.F.R. Parts 30 and 32 or equivalent regulations of an agreement state.

6. Shall not abandon the device containing radioactive material.

7. Shall not export the device containing the by-product material except in accordance with 10 C.F.R. § 110.

8. Except as otherwise provided in subsection 9, may transfer or dispose of the device containing radioactive material only by export, as provided in subsection 7, or by transfer to a specific licensee of the Division, the Nuclear Regulatory Commission or an agreement state whose specific license authorizes him or her to receive the device or whose license authorizes waste collection. Within 30 days after transfer of a device to a specific licensee, or export, as provided in subsection 7, the person shall furnish to the Division a report containing identification of the device by the manufacturer's or initial transferor's name, the model number and serial number of the device transferred, the name, address and license number of the person receiving the device and the date of the transfer. A transferor shall not transfer the device to any specific licensee not described in this subsection without first obtaining written approval of the transfer from the Division, except that a holder of a specific license may transfer a device for possession and use pursuant to the holder's specific license without prior approval if the holder:

(a) Verifies that the specific license authorizes the possession and use, or applies for and obtains an amendment to the license authorizing the possession and use;

(b) Removes, alters, covers or clearly and unambiguously augments the existing label which is otherwise required by subsection 1, so that the device is labeled in compliance with 10 C.F.R. § 20.1904 and the manufacturer, model number and serial number are retained;

(c) Obtains the manufacturer's or initial transferor's information relating to maintenance that would be applicable under the specific license, including, without limitation, leak testing procedures; and

(d) Reports the transfer pursuant to this subsection.

9. May transfer the device to another general licensee only:

(a) Where the device remains in use at a particular location. In such a case the transferor shall give the transferee a copy of NAC 459.010 to 459.794, inclusive, and any safety documents identified in the label on the device and, within 30 days after the transfer, shall report to the Division the manufacturer's or initial transferor's name, the model number and serial number of the device transferred, the name, title, telephone number and address of the transferee, and the name and position of a person who may constitute a point of contact between the Division and the transferee and who has knowledge of, and authority to take actions to ensure compliance with, the appropriate regulations and requirements; or

(b) Where the device is held in storage by an intermediate person in the original shipping container at its intended location of use before initial use by a general licensee.

10. Shall comply with the provisions of NAC 459.369 and 459.3695 for reporting radiation incidents, theft or loss of licensed material, but is exempt from the other requirements of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive.

11. Except as otherwise provided in this subsection, shall respond to written requests from the Division to provide information relating to the general license within 30 calendar days after the date of the request or within the time specified in the request. If the general licensee cannot provide the requested information within the allotted time, the licensee shall, within the allotted time, request in writing additional time to comply with the request from the Division pursuant to the provisions of NAC 459.134.

12. Shall appoint a person responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to comply with those regulations and requirements. The general licensee, through the person appointed pursuant to this subsection, shall ensure daily compliance with all applicable regulations and requirements. The provisions of this subsection do not relieve the licensee of any responsibility or obligation under this chapter or chapter 459 of NRS.

13. Except for a person who holds a general license issued by the Nuclear Regulatory Commission or an agreement state and who uses a device described in paragraph (a) in areas subject to the jurisdiction of the Division for a period of less than 180 days in any calendar year, pursuant to the provisions of NAC 459.210, shall:

(a) Register any device which contains:

(1) Ten millicuries (370 megabecquerels) or more of cesium-137;

(2) One-tenth of a millicurie (3.7 megabecquerels) or more of strontium-90;

(3) One millicurie (37 megabecquerels) or more of cobalt-60;

(4) One-tenth of a millicurie (3.7 megabecquerels) or more of radium-226;

(5) One millicurie (37 megabecquerels) or more of americium-241; or

(6) One millicurie (37 megabecquerels) or more of any other transuranic element, that is, an element with an atomic number greater than uranium-92, based on the activity indicated on the label. Each address for a location of use, as described in subparagraph (5) of paragraph (b), represents a separate general licensee and requires a separate registration and fee. The general licensee shall register the device annually with the Division and shall pay the appropriate fee. In registering the device, the person shall verify, correct and, as appropriate, add to the information provided in a request from the Division for registration. The registration information must be submitted to the Division within 30 days after the date of the request for registration made by the Division, unless otherwise indicated in the request.

(b) In complying with the registration requirements of paragraph (a), in addition to any other information specifically requested by the Division, provide, without limitation, the following information:

(1) The name and mailing address of the general licensee;

(2) The name of the manufacturer or initial transferor of each device;

(3) The model number, serial number, radioisotope and activity, as indicated on the label, of each device;

(4) The name, title and telephone number of the responsible person designated as a representative of the general licensee pursuant to subsection 12;

(5) The address of the physical location at which each device is used and stored or, in the case of a portable device, the address of the primary place of storage;

(6) A certification by the responsible person designated as the representative of the general licensee pursuant to subsection 12 that the information provided in the registration has been verified through a physical inventory and check of label information; and

(7) A certification by the responsible person designated as the representative of the general licensee pursuant to subsection 12 that the responsible person is aware of the requirements of the general license.

14. Shall report to the Division any change to the mailing address for a location of use, including any change in the name of the general licensee, within 30 days after the effective date of the change. For a portable device, the general licensee is required to report only a change in the address of the primary place of storage of the portable device.

15. Shall not hold a device that is not in use for more than 2 years, except that a device that is kept in standby for future use is excluded from the 2-year time limit if the general licensee performs physical inventories of those devices held in standby on a quarterly basis. If a device with shutters is not being used, the shutters must be locked in the closed position. If a device is put back into service or is transferred to another person and was not tested during the required test interval, the device must be tested for leakage before use or transfer and the shutter must be tested before use. The Division may determine the eligibility for release for unrestricted use of such a device in accordance with the provisions of NAC 459.3178.

Bd. of Health, Radiation Control Reg. §§ 3.4.2.2.3-3.4.2.2.3.9, eff. 2-28-80-NAC A 9-6-88; 1-18-94; R085-06, 11-13-2006; R185-08, 5-7-2010

NRS 459.201

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