justicedao/ipfs_state_laws huggingface dataset:
333-103-0020 Biennial Fee for Microwave Oven Service Licensees (1) Each license issued by the Authority for microwave oven service shall be subject to a biennial $140 specific license fee. (2) The license fee shall be due and payable on or before October 1 of each biennium. (3) A certificate of validation or acknowledgement of validation for the then current fiscal biennium shall be provided by the Authority. The current certificate of validation must be retained by the licensee. (4) Unless validated by the biennial fee, each license shall be deemed to expire on September 30 of each biennium. (5) Upon written request and approval by the Authority, fees for new licenses may be prorated on a biennial quarterly basis for the current biennium. Statutory/Other Authority: ORS 453.757 & 453.761 Statutes/Other Implemented: ORS 453.757 & 453.761 History: PH 92-2021, amend filed 12/29/2021, effective 01/01/2022 PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 11-2006, f. & cert. ef. 6-16-06 HD 4-1995, f. & cert. ef. 9-8-95 HD 2-1995(Temp), f. & cert. ef. 7-11-95 HD 15-1994, f. & cert. ef. 6-5-94 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-103-0025 Annual Fee for Tanning Devices (1) Each tanning device must be validated annually by a tanning device fee of $175. (2) The tanning device fee shall be due and payable for each tanning device on or before March 1 of each year. (3) A certificate of validation or acknowledgment of validation for the then current fiscal year must be posted on or near the tanning device, by the registrant. (4) In any case in which a registrant has submitted the proper fee prior to the expiration of a validation certificate, such existing validation certificate shall not expire until the issuance of a new validation certificate for the then current fiscal year. (5) Upon written request and approval by the Authority, fees for new licenses or additional tanning devices may be prorated on a quarterly basis for the current fiscal year. Statutory/Other Authority: ORS 453.729 Statutes/Other Implemented: ORS 453.729 History: PH 92-2021, amend filed 12/29/2021, effective 01/01/2022 PH 34-2015, f. 12-29-15, cert. ef. 1-1-16 PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 PH 11-2006, f. & cert. ef. 6-16-06 HD 15-1994, f. & cert. ef. 5-6-94 HD 13-1993, f. & cert. ef. 9-27-93 HD 15-1991, f. & cert. ef. 10-1-91
333-103-0030 Reciprocal Recognition Fee (1) Any radiation machine or radioactive material source brought into the state for use under reciprocity must pay a fee equal to 100 percent of the appropriate license or registration validation fee, listed in OAR 333-103-0005 or 333-103-0010. (2) Reciprocal fees shall be due and payable prior to entry into the state. (3) An acknowledgment of fee payment, such as a certificate of validation, shall be provided by the Oregon Health Authority. The acknowledgment of fee payment must be retained by the licensee or registrant and attached to the license or registration. (4) Reciprocal fees shall not be transferred or refunded. (5) Reciprocal fees shall expire 12 months from the issue date. (6) Any use of radioactive material in Oregon pursuant to OAR 333-102-0340 exceeding 180 consecutive days may be required to apply for an Oregon specific radioactive materials license pursuant to OAR 333-102-0190. Statutory/Other Authority: ORS 453.757 Statutes/Other Implemented: ORS 453.757 History: PH 55-2023, amend filed 12/14/2023, effective 12/20/2023 PH 24-2014, f. & cert. ef. 8-15-14 PH 10-2011, f. 9-30-11, cert. ef. 10-1-11 PH 20-2010, f. & cert. ef. 9-1-10 PH 4-2007, f. & cert. ef. 3-1-07 PH 11-2006, f. & cert. ef. 6-16-06 HD 4-1995, f. & cert. ef. 9-8-95 HD 2-1995(Temp), f. & cert. ef. 7-11-95 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-103-0035 Fees For Radiological Analyses (1) An individual, agency, or company that requests that the Authority’s Radiation Laboratory perform radiological analyses on samples must pay a fee to the Authority in accordance with the schedule in section (2) of this rule. The responsible individual submitting the sample(s) must first obtain a request form from the Authority. This form contains the fee schedule and the types of radiological analyses offered. That individual must then submit the completed form along with the sample and the appropriate fee to the Authority. The Authority submits the results by return mail in accordance with the estimated time as per section (3) of this rule. (2) Fee Schedule: (a) Gamma Isotopic: (A) Liquid — $403; (B) Solid — $462; (b) Low-level Iodine-131 — $345; (c) Tritium (H-3) — $187. (3) The analyses results shall be available in approximately five working days for Gamma Isotopic analyses. NOTE: If the Authority cannot complete the analyses according to the schedule in section (3) of this rule, the Authority must notify the customer as soon as possible. (4) A $100 surcharge shall be added to the fee for a one-day completion schedule for a Gamma Isotopic analysis. Statutory/Other Authority: ORS 453.757 Statutes/Other Implemented: ORS 453.757 History: PH 92-2021, amend filed 12/29/2021, effective 01/01/2022 PH 24-2014, f. & cert. ef. 8-15-14 PH 10-2011, f. 9-30-11, cert. ef. 10-1-11 PH 20-2010, f. & cert. ef. 9-1-10 PH 4-2007, f. & cert. ef. 3-1-07 PH 11-2006, f. & cert. ef. 6-16-06 HD 4-1995, f. & cert. ef. 9-8-95 HD 2-1995(Temp), f. & cert. ef. 7-11-95 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-103-0050 Fees for Accredited Hospital Radiology Inspectors (1) Each accreditation for a radiology inspector shall be subject to an accreditation fee of $264. (2) Each accreditation issued by the Authority for a radiology inspector shall be subject to a biennial renewal fee of $264. (3) Each accreditation shall expire in the second year on the last day of the month of issuance unless renewed. Statutory/Other Authority: ORS 453.757 Statutes/Other Implemented: ORS 453.757 History: PH 14-2008, f. & cert. ef. 9-15-08 PH 4-2007, f. & cert. ef. 3-1-07 HD 3-1996, f. & cert. ef. 8-9-96
333-103-0055 X-ray and Tanning Machine Vendor License Fee (1) Persons shall obtain a vendor license for radiation machine and tanning services pursuant to OAR 333-101-0020 and 333-119-0200 and shall pay an annual validation fee of $500 to obtain or maintain the license. (2) Upon written request and approval by the Authority, fees for new licenses may be prorated on a quarterly basis for the current calendar year. (3) The licensing fee shall be due and payable on or before January 1 of each year and the Authority shall issue the licensee a certificate of validation. (a) The licensee shall retain the certificate of validation during the current calendar year; and (b) The licensee shall make available to the registrant receiving services a copy of the current certificate of validation as evidence of being currently licensed prior to initiating services pursuant to OAR 333-101-0005. Statutory/Other Authority: ORS 453.757 Statutes/Other Implemented: ORS 453.757 History: PH 92-2021, adopt filed 12/29/2021, effective 01/01/2022
333-105-0001 Purpose This division prescribes requirements for the industrial use of sources of radiation and radiation safety requirements for persons using these sources of radiation in industrial radiography. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 1-1991, f. & cert. ef. 1-8-91 HD 4-1985, f. & ef. 3-20-85
333-105-0003 Scope The provisions and requirements of this division are in addition to, and not in substitution for, other requirements of these rules. In particular, the general requirements of divisions 100, 102, 111, 118, and 120 of this chapter apply to applicants and licensees, subject to this division. Divisions 102 and 118 of these rules apply to licensing and transportation of radioactive material, respectively. This rule does not apply to medical uses addressed in division 116. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-105-0050 Exemptions Industrial uses of lixiscopes are exempt from the requirements of this division if the dose rate 18 inches from the source of radiation to any individual does not exceed two millirem per hour. Devices that exceed this limit must meet the applicable requirements of this division and the licensing or registration requirements of division 101 or division 102 of these rules, as applicable. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-105-0430 Equipment Control: Limits on External Radiation Levels From Storage Containers and Source Changers The maximum exposure rate limits for storage containers and source changers are two millisieverts (200 mrem) per hour at any exterior surface, and 0.1 millisieverts (10 mrem) per hour at one meter from any exterior surface with the sealed source in the shielded position. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-105-0440 Equipment Control: Locking of Sources of Radiation, Storage Containers and Source Changers (1) Each radiographic exposure device must have a lock or outer locked container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position. The exposure device and/or its container must be kept locked (If a keyed lock, the key must be removed at all times) when not under the direct surveillance of a radiographer or a radiographer's assistant except at permanent radiographic installations as stated in 333-105-0580. In addition, during radiographic operations the sealed source assembly must be secured in the shielded position each time the source is returned to that position. (2) Each sealed source storage container and source changer must have a lock or outer locked container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position. Storage containers and source changers must be kept locked (If a keyed lock, the key must be removed at all times) when containing sealed sources except when under the direct surveillance of a radiographer or a radiographer's assistant. (3) The control panel of each radiation machine must be equipped with a lock that will prevent the unauthorized use of an x-ray system or the accidental production of radiation. The radiation machine must be kept locked and the key removed at all times except when under the direct visual surveillance of a radiographer or a radiographer's assistant. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-105-0450 Equipment Control: Radiation Survey Instruments (1) The licensee must keep sufficient calibrated and operable radiation survey instruments at each location where sources of radiation are present to make the radiation surveys required by this division and by division 120 of these rules. Instrumentation required by this section must be capable of measuring a range from 0.02 millisieverts (2 mrem) per hour through 0.01 sievert (1 rem) per hour. (2) The licensee must have each radiation survey instrument required under section (1) of this rule calibrated: (a) At energies appropriate for use and at intervals not to exceed six months or after instrument servicing, except for battery changes; (b) For linear scale instruments, at two points located approximately one-third and two-thirds of full-scale on each scale; for logarithmic scale instruments, at mid-range of each decade, and at two points of at least one decade; and for digital instruments, at three points between 0.02 and ten millisieverts (2 and 1000 mrem) per hour; and (c) So that an accuracy within plus or minus 20 percent of the true radiation dose rate can be demonstrated at each point checked. (3) The licensee must maintain records of the results of the instrument calibrations in accordance with 333-105-0620. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-105-0470 Equipment Control: Quarterly Inventory (1) Each licensee must conduct a quarterly physical inventory to account for all sources of radiation, and for devices containing depleted uranium received and possessed under the license. (2) The licensee must maintain records of the quarterly inventory in accordance with 333-105-0640. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-105-0480 Equipment Control: Inspection and Maintenance of Radiation Machines, Radiographic Exposure Devices, Transport and Storage Containers, Associated Equipment, Source Changers, and Survey Instruments (1) The licensee must perform visual and operability checks on survey meters, radiation machines, radiographic exposure devices, transport and storage containers, associated equipment and source changers before each day's use, or work shift, to ensure that: (a) The equipment is in good working condition; (b) The sources are adequately shielded; and (c) Required labeling is present. (2) Survey instrument operability must be performed using check sources or other appropriate means. (3) If equipment problems are found, the equipment must be removed from service until repaired. (4) Each licensee must have written procedures for and perform inspection and routine maintenance of radiation machines, radiographic exposure devices, source changers, associated equipment, transport and storage containers, and survey instruments at intervals not to exceed three months or before the first use thereafter to ensure the proper functioning of components important to safety. If equipment problems are found, the equipment must be removed from service until repaired. (5) The licensee's inspection and maintenance program must include procedures to assure that Type B packages are shipped and maintained in accordance with the certificate of compliance or other approval. (6) Records of equipment problems and of any maintenance performed under this rule must be made in accordance with 333-105-0660. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-105-0490 Equipment Control: Permanent Radiographic Installations (1) Each entrance that is used for personnel access to the high radiation area in a permanent radiographic installation must have either: (a) An entrance control of the type described in OAR 333-120-0220 that causes the radiation level upon entry into the area to be reduced; or (b) Both conspicuous visible and audible warning signals to warn of the presence of radiation. The visible signal must be actuated by radiation whenever the source is exposed. The audible signal must be actuated when an attempt is made to enter the installation while the source is exposed or the machine is energized. (2) The alarm system must be tested for proper operation with a radiation source each day before the installation is used for radiographic operations. The test must include a check of both the visible and audible signals. Entrance control devices that reduce the radiation level upon entry as designated in section (1)(a) of this rule must be tested monthly. If an entrance control device or an alarm is operating improperly, it must be immediately labeled as defective and repaired within seven calendar days. The facility may continue to be used during this seven-day period, provided the licensee implements the continuous surveillance requirements of 333-105-0580 and uses an alarming rate-meter. Test records for entrance controls and audible and visual alarms must be maintained in accordance with 333-105-0670. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-105-0500 Equipment Control: Labeling, Storage, and Transportation (1) The licensee may not use a source changer or a container to store radioactive material unless the source changer or the storage container has securely attached to it a durable, legible, and clearly visible label bearing the standard trefoil radiation caution symbol conventional colors, i.e., magenta, purple or black on a yellow background, having a minimum diameter of 25 mm, and the wording: CAUTION RADIOACTIVE MATERIAL NOTIFY CIVIL AUTHORITIES or "DANGER" (2) The licensee may not transport radioactive material unless the material is packaged, and the package is labeled, marked, and accompanied with appropriate shipping papers in accordance with rules set out in division 118. (3) Radiographic exposure devices, source changers, storage containers, and radiation machines, must be physically secured to prevent tampering or removal by unauthorized personnel. The licensee must store radioactive material in a manner that will minimize danger from explosion or fire. (4) The licensee must lock and physically secure the transport package containing radioactive material in the transporting vehicle to prevent accidental loss, tampering, or unauthorized removal. (5) The licensee's name and city or town where the main business office is located must be prominently displayed with a durable, clearly visible label(s) on both sides of all vehicles used to transport radioactive material or radiation machines for temporary job site use. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-105-0510 Radiation Safety Requirements: Conducting Industrial Radiographic Operations (1) 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 333-105-0530(3). The additional qualified individual must 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. (2) All radiographic operations must be conducted in a permanent radiographic installation unless otherwise specifically authorized by the Authority. (3) Except when physically impossible, collimators must be used in industrial radiographic operations that use radiographic exposure devices that allow the source to be moved out of the device. (4) A licensee may conduct lay-barge, offshore platform, or underwater radiography only if procedures have been approved by the Authority, the Nuclear Regulatory Commission, or by another Agreement State. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03
333-105-0520 Radiation Safety Requirements: Radiation Safety Officer The radiation safety officer must ensure that radiation safety activities are being performed in accordance with approved procedures and regulatory requirements in the daily operation of the licensee's program. (1) The minimum qualifications, training, and experience for radiation safety officers for industrial radiography are as follows: (a) Completion of the training and testing requirements of 333-105-0530(1); (b) 2000 hours of hands-on experience as a qualified radiographer in industrial radiographic operations; and (c) Formal training in the establishment and maintenance of a radiation protection program. (2) The Authority will consider alternatives when the radiation safety officer has appropriate training and experience in the field of ionizing radiation, and in addition, has adequate formal training with respect to the establishment and maintenance of a radiation safety protection program. (3) The specific duties and authorities of the radiation safety officer include: (a) Establishing and overseeing all operating, emergency, and ALARA procedures as required by division 120 of these rules and reviewing them regularly to ensure that they conform to Authority rules and to the license or registration conditions; (b) Overseeing and approving the training program for radiographic personnel to ensure that appropriate and effective radiation protection practices are taught; (c) Ensuring that required radiation surveys and leak tests are performed and documented in accordance with the rules, including any corrective measures when levels of radiation exceed established limits; (d) Ensuring that personnel monitoring devices are calibrated, if applicable, and used properly; that records are kept of the monitoring results; and that timely notifications are made as required by division 120 of these rules; and (e) Ensuring that operations are conducted safely and for implementing corrective actions including terminating operations. (4) Licensees will have two years from the effective date of this rule to meet the requirements of section (1) and (2) of this rule. Statutory/Other Authority: ORS 453.635 Statutes/Other Implemented: ORS 453.605 - 453.807 History: PH 4-2007, f. & cert. ef. 3-1-07 PH 12-2006, f. & cert. ef. 6-16-06 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03