W. Va. Code R. § 64-23-5 - Registration

Current through Register Vol. XXXVIII, No. 51, December 23, 2021

5.1. Purpose and Scope
5.1.a. This Section provides for the registration of sources of radiation and for the registration of persons providing radiation machine installation, servicing or services. The person having possession of any registrable item shall register such source of radiation with the agency in accordance with the requirements of this Section.
5.1.b. For the purpose of Section 5. of this rule, "facility" is the location at which one or more devices or sources are installed or located within one building, vehicle, or under one roof, and are under the same administrative control.
5.1.c. In addition to the requirements of this Section, all registrants are subject to the applicable provisions of other parts of this rule.
5.1.d. For the purpose of this rule, "storage" is a condition in which a device or source is not being used for an extended period of time, and has been made inoperable.
5.2. Exemptions
5.2.a. The following sources of radiation do not require registration:
5.2.a.1. Less than ten (10) times the quantities of any radioactive material possessed simultaneously, listed in Table 64-23 Y of this rule.
5.2.a.2. Natural radioactive materials of an equivalent specific radioactivity not exceeding that of natural potassium, (one one-hundred millionths [10!9] Curies/gm).
5.2.a.3. Time pieces, instruments, novelties, or devices containing self-luminous elements, except during manufacture or repair of the self-luminous elements themselves. Such time pieces, instruments, novelties, or devices shall not be exempt if they are stored, used, or handled in such quantity or fashion that an individual might receive a radiation dose exceeding the limits established in Subsection 6.5.
5.2.a.4. Domestic television receivers.
5.2.a.5. Electronic equipment that produces radiation incidental to its operation for other purposes is exempt from the registration and notification requirements of this part, providing dose equivalent rate averaged over an area of ten (10) square centimeters does not exceed five (5) [PHI]Sv (five-tenths [0.5] mRem) per hour at five (5) cm from any accessible surface of such equipment. The production, testing, or factory servicing of such equipment shall not be exempt.
5.2.a.6. Radiation-producing machines while in transit or storage incident thereto.
5.2.b. Common and contract carriers operating within this state are exempt from registration requirements to the extent that they transport or store sources of radiation in the regular course of their carriage for another or storage incident thereto.
5.3. Application for Registration of Radiation Facilities
5.3.a. The person possessing each registrable item which has not already been registered, shall:
5.3.a.1. Apply for registration of such facility with the agency within thirty (30) days following the effective date of this rule or thereafter prior to the operation of a radiation facility.
5.3.a.2. Make application for registration on forms furnished by the agency and shall supply all the information required by the form and accompanying instructions.
5.3.a.3. Designate on the application form an individual to be responsible for radiation protection.
5.3.a.4. Prohibit any person from furnishing radiation machine servicing or services as described in Subdivision 5.5.d. to his radiation machine facility until such person provides evidence that he has been registered with the agency as a provider of services in accordance with Subsection 5.5.
5.4. Vendor Obligation
5.4.a. Each person who is engaged in the business of installing or offering to install radiation sources or is engaged in the business of furnishing or offering to furnish radiation source servicing or services in this state, shall apply for registration of such services with the agency within thirty (30) days prior to furnishing or offering to furnish any such services.
5.4.b. Any person who sells, leases, transfers, disposes, assembles, installs or lends radiation sources in this state shall notify the agency within fifteen (15) days after the end of each calendar quarter of:
5.4.b.1. The name and address of persons who have received these sources;
5.4.b.2. The manufacturer, model and serial number of each source transferred;
5.4.b.3. The date of transfer of each radiation source.
5.4.c. No person shall make, sell, lease, transfer, lend or install x-ray equipment or radioactive material sources or auxiliaries and supplies necessary for the safe operation of such equipment unless such supplies and equipment, when placed in operation and use, will meet the requirements of this rule.
5.5. Application for Registration of Servicing and Services.
5.5.a. Application for registration shall be completed on forms furnished by the agency and shall contain all information required by the agency as indicated on the forms and accompanying instructions.
5.5.b. Each person applying for registration under this Section shall specify:
5.5.b.1. That he has read and understands the requirements of this and other applicable Sections;
5.5.b.2. The services for which he is applying for registration;
5.5.b.3. The training and experience that qualify him to discharge the services for which he is applying for registration;
5.5.b.4. The type of measurement instruments to be used, frequency of calibration, and source of calibration; and
5.5.b.5. The type of personnel dosimeters supplied, frequency of reading, and replacement or exchange schedule.
5.5.c. For the purpose of Subsection 5.5. services may include but shall not be limited to:
5.5.c.1. Installation or servicing of radiation machines and associated radiation machine components;
5.5.c.2. Calibration of radiation machines or radiation measurement instruments or devices;
5.5.c.3. Radiation protection or health physics consultations or surveys; and
5.5.c.4. Personnel dosimetry services.
5.5.d. No individual shall perform services which are not specifically stated for that individual on the notice of registration issued by the agency.
5.6. Issuance of Notice of Registration.
5.6.a. Upon a determination that an applicant meets the requirements of the rules, the agency shall issue a notice of registration.
5.6.b. The agency may incorporate in the notice of registration at the time of issuance or thereafter by appropriate rule, regulation, or order, such additional requirements and conditions with respect to the registrant's receipt, possession, use, and transfer of radiation producing devices as it deems appropriate or necessary.
5.7. Expiration of Notice of Registration. Except as provided by Subdivision 5.8.a., each notice of registration shall expire at the end of the specified day in the month and year stated therein.
5.8. Renewal of Registration
5.8.a. The person possessing each registrable item shall renew such registration with the agency at a date to be specified by the agency not later than within six (6) months of the effective date of this rule and every three years thereafter.
5.9. Report of Changes
5.9.a. Except as provided in Subdivision 5.9.b. the registrant shall notify the agency in writing within ten (10) days after any change which renders the information on registration no longer accurate. In the case of disposition of radiation sources, such notification shall specify the recipient of these sources.
5.9.b. The registrant is not required to notify the agency of the use of radiation sources at a temporary location other than the designated storage location, provided the initial registration shows that their use at temporary locations is normal to the conduct of the registrant's operations.
5.10. Approval Not Implied
5.10.a. No person, in any advertisement, shall refer to the fact that a source of radiation is registered with the agency, and no person shall state or imply that any activity under such registration has been approved by the agency.
5.11. Reciprocal Recognition of Out-of-State Radiation Producing Devices.
5.11.a. Whenever any radiation producing device is to be brought into the state, for any temporary use, the person proposing to bring such device into the state shall give written notice to the agency at least two (2) working days before such device is to be used in the state. The notice shall include:
5.11.a.1. The type of radiation device;
5.11.a.2. The nature, duration, and scope of use;
5.11.a.3. The exact location or locations where the radiation producing device is to be used; and
5.11.a.4. States in which this device is registered or licensed.
5.11.b. If, for a specific case, the two (2) working-day period would impose an undue hardship on the person, upon application to the agency, permission to proceed sooner may be granted.
5.11.c. The person referred to in subdivision 5.11.a. shall:
5.11.c.1. Comply with all applicable rules of the agency;
5.11.c.2. Supply the agency with such other information as the agency may reasonably request; and
5.11.c.3. Not operate within the state on a temporary basis in excess of one hundred eighty (180) calendar days per year.
5.12. Radiation Protection Requirements
5.12.a. Registrants and persons subject to Subsection 5.11. shall comply with all applicable requirements of this rule, provided, however, that apart from registration, nothing in this rule shall apply to any person to the extent that such person is subject to regulation by the United States Nuclear Regulatory Commission and any legal successor thereof.


W. Va. Code R. § 64-23-5

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