reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-37 - Physical Protection of Category One and Category Two Quantities of Radioactive Material › Section 3701:1-37-30 - Record retention

Current through all regulations passed and filed through July 1, 2024
Licensees shall maintain the records
				that are required by the rules in this chapter for the period specified by the
				appropriate rule. If a retention period is not otherwise specified, these
				records must be retained until the director terminates the facility's license.
				All records related to this chapter may be destroyed upon director's
				termination of the facility's license.
Effective:
				10/1/2014
R.C. 119.032 review dates:
				10/01/2019
Promulgated
				Under: 119.03
Statutory Authority: 3748.04
Rule
				Amplifies: 3748.06
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-37 - Physical Protection of Category One and Category Two Quantities of Radioactive Material › Section 3701:1-37-31 - Inspections

Current through all regulations passed and filed through July 1, 2024
(A)
								 Each licensee shall afford the director at all
			 reasonable times the opportunity to inspect category one or category two
			 quantities of radioactive material and the premises and facilities wherein the
			 nuclear material is used, produced, or stored.
(B)
								 Each licensee
			 shall make available to the director for inspection, upon reasonable notice,
			 records kept by the licensee pertaining to its receipt, possession, use,
			 acquisition, import, export, or transfer of category one or category two
			 quantities of radioactive material.
Effective:
				10/1/2014
R.C. 119.032 review dates:
				10/01/2019
Promulgated
				Under: 119.03
Statutory Authority: 3748.04
Rule
				Amplifies: 3748.06
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-02 - Fees for inspection, application, amendment, and renewal of radioactive material sources of radiation

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule, "facility" has the
			 meaning defined in division (H) of section
			 3748.01 of the Revised Code and
			 the following:
(1) All buildings, equipment,
			 structures, and other stationary items that are located on a single site or on
			 contiguous or adjacent sites and that are operated by the same person and have
			 common corporate or business interests; and
(2) Portions of a building or structure which
			 are operated by the same person and have common corporate or business
			 interests.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-03 - Application and renewal of registrations for handlers of radiation-generating equipment

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule, "facility" means
			 the state, any political subdivision, person, public or private institution, or
			 group, or any unit of one of those entities, but does not include the federal
			 government agencies, and includes the following:
(1) All buildings, equipment, structures and
			 other stationary items that are located on a single site or on contiguous or
			 adjacent sites and that are operated by the same person and have common
			 corporate or business purposes; and
(2) Portions of a building or structure which
			 are operated by the same person and have common corporate or business
			 purposes.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-05 - Administrative penalties

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule:
(1) "Repetitive violation" means a same or
			 similar violation that reasonably could have been prevented by a facility's
			 corrective action for the previous violation normally occurring either within
			 the past two years of the inspection at issue or the period within the last two
			 inspections, whichever is longer.
(2) "Event" means a situation involving
			 licensable material and characterized by:
(a)
			 An active adverse impact on equipment or personnel readily obvious by human
			 observation or instrumentation; or
(b) A radiological impact on personnel, the
			 general public, or the environment in excess of regulatory limits, such as an
			 overexposure, a release of radioactive material above the limits set forth in
			 rule
			 3701:1-38-21 of the
			 Administrative Code or a loss of radioactive material in quantities reportable
			 pursuant to rule
			 3701:1-38-21 of the
			 Administrative Code.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-07 - General provisions; purpose, scope, and communications

Current through all regulations passed and filed through July 1, 2024
(A) Chapter
			 3701:1-38 of the Administrative Code establishes standards for protection
			 against ionizing radiation resulting from activities conducted under licenses
			 and registrations issued by the director. It is the purpose of Chapter
			 3701:1-38 of the Administrative Code to control the receipt, possession, use,
			 transfer, and disposal of radiation sources by any licensee or registrant in
			 such a manner that the total dose to an individual, including doses resulting
			 from licensed and unlicensed radioactive material and from radiation sources
			 other than background radiation, does not exceed the standards for protection
			 against radiation prescribed in this chapter. The rules in Chapter 3701:1-38 of
			 the Administrative Code apply to facilities that receive, possess, use,
			 transfer, or dispose of radioactive material, and to handlers of
			 radiation-generating equipment. Nothing in this chapter shall be construed as
			 limiting actions of the director that may be necessary to protect health,
			 safety or the environment. The limits in Chapter 3701:1-38 of the
			 Administrative Code do not apply to doses due to background radiation, any
			 medical administration the individual has received, from exposures to
			 individuals administered radioactive materials and released in accordance with
			 rule
			 3701:1-58-30
			 of the Administrative Code, or equivalent United States nuclear regulatory
			 commission or agreement state regulations, or voluntary participation in
			 medical research programs.
(B)
			 Communications and reports, unless otherwise specified in Chapter 3701:1-38 of
			 the Administrative Code, shall be addressed to "Ohio Department of Health,
			 Bureau of Environmental Health and Radiation
			 Protection, 246 North High Street, Columbus, Ohio 43215."
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-08 - Waivers, variances, additional requirements and vacating premises

Current through all regulations passed and filed through July 1, 2024
(A) The director,
			 upon application of the licensee or registrant, or upon his or her own
			 initiative, may grant a waiver or variance from
			 the requirements of this chapter as he or she determines is authorized by law,
			 provided that the licensee or registrant shows to the satisfaction of the
			 director that there is good cause for the waiver or
			 variance and that the waiver or variance
			 will not result in any undue hazard on public health and safety or detrimental
			 effect on the environment. The terms, conditions and expiration of the waiver
			 shall be set forth in writing by the director. Failure to comply with the terms
			 of the waiver or variance may result in immediate
			 withdrawal of the waiver or variance. The
			 director may issue an order, a license amendment or impose requirements on a
			 license or registration in addition to those established in this chapter, as
			 the director deems appropriate or necessary to protect the public health,
			 safety or the environment.
(B) A
			 licensee or registrant shall notify the department in writing of
			  intent to vacate at least thirty days
			 prior to vacating or relinquishing possession or control of a premises which
			 may be contaminated with radioactive material as a result of his or her
			 activities.
Five Year Review (FYR) Dates:
				1/24/2022 and
				01/20/2027
Promulgated
				Under:
				119.03
Statutory Authority:
				3748.04
Rule Amplifies:
				3748.05
Prior Effective Dates: 07/22/2001, 10/22/2006,
				08/30/2015
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-09 - Inspection and investigation

Current through all regulations passed and filed through July 1, 2024
(A) Each licensee or registrant shall afford
			 to the department at all reasonable times, the opportunity to inspect
			 materials, machines, activities, facilities, premises, and records and any
			 other matters relative to the handling of radioactive material or
			 radiation-generating equipment.
(1) During an
			 inspection, department inspectors may consult privately with workers as
			 specified in paragraph (B) of this rule. The licensee or registrant may
			 accompany department inspectors at any other time during the
			 inspection.
(2) If, at the time of
			 inspection, an individual has been authorized by the workers to represent them
			 during department inspections, the licensee or registrant shall notify the
			 inspector of such authorization and shall give the worker's
			 representative an opportunity to accompany the inspector during the
			 inspection of physical working conditions. Each worker's
			 representative shall be routinely engaged in licensed or registered
			 activity under control of the licensee or registrant and shall have received
			 instructions as to the provisions specified in paragraph (B) of rule
			 3701:1-38-10
			 of the Administrative Code. Different representatives of licensees or
			 registrants and workers may accompany the inspectors during different phases of
			 an inspection if there is no resulting interference with the conduct of the
			 inspection. However, only one worker's representative at a time may accompany an
			 inspector.
(3) With the approval of
			 the licensee or registrant and the worker's
			 representative, an individual who is not routinely engaged in work under
			 control of the licensee or registrant, for example, a consultant to the
			 licensee or registrant or to the worker's
			 representative, shall be afforded the opportunity to accompany the department
			 inspector during the inspection of physical working conditions.
(4) Notwithstanding any other provision in
			 paragraph (A) of this rule, a department inspector may refuse to permit
			 accompaniment by any individual who deliberately interferes with a fair and
			 orderly inspection. With regard to areas containing information classified by
			 an agency of the United States government in the interest of national security,
			 an individual who accompanies an inspector may have access to such information
			 only if properly authorized. With regard to any area containing proprietary
			 information or trade secrets, the worker's
			 representative for that area shall be an individual previously authorized by
			 the licensee or registrant to enter that area.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-10 - Notices, instructions, and reports to workers

Current through all regulations passed and filed through July 1, 2024
(A) Posting of notices to workers.
(1) Each licensee or registrant shall post
			 current copies of the following documents:
(a) All applicable rules promulgated pursuant
			 to Chapters 3748. and 4773. of the Revised Code;
(b) The license or certificate of
			 registration, including, any conditions or documents incorporated by reference
			 into a license and amendments thereto;
(c) The safe operating procedures applicable
			 to activities under the license or registration; and
(d) Any notice of violation involving
			 radiological working conditions, proposed imposition of civil or administrative
			 monetary penalty, or order issued pursuant to rule
			 3701:1-38-06
			 of the Administrative Code and any response from the licensee or registrant.
			 Such document shall be posted within five working days after receipt of the
			 document. The licensee's or registrant's response, if any, shall be posted
			 within five working days after dispatch of the document to the director. Such
			 documents shall remain posted for a minimum of five working days or until
			 action correcting the violation has been completed, whichever is
			 later.
(e) The Ohio department of
			 health, bureau of environmental health and
			 radiation protection issued form titled "Notice to Employees."
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-12 - Occupational dose limits

Current through all regulations passed and filed through July 1, 2024
(A) Except in the case of a planned special
			 exposure pursuant to paragraph (F) of this rule, a licensee or registrant shall
			 limit the occupational dose received by an individual adult, as follows:
(1) An annual limit, which is the more
			 limiting of:
(a) The total effective dose
			 equivalent being equal to 0.05 sievert (five rem); or
(b) The sum of the deep dose equivalent and
			 the committed dose equivalent to any individual organ or tissue other than the
			 lens of the eye being equal to 0.5 sievert (fifty rem).
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-13 - Dose limits for individual members of the public

Current through all regulations passed and filed through July 1, 2024
(A) Each licensee or registrant shall conduct
			 operations so that:
(1) The total effective
			 dose equivalent to individual members of the public from the licensed or
			 registered operation does not exceed one millisievert (0.1 rem) in a year,
			 exclusive of the dose contribution from the following:
(a) Background radiation;
(b) Radiation attributable to any medical
			 administration the individual has received;
(c) Exposure to an individual that was
			 administered radioactive materials and has been released in accordance with
			 rule
			 3701:1-58-30
			 of the Administrative Code or equivalent United States nuclear regulatory
			 agency or agreement state regulations;
(d) Voluntary participation in medical
			 research programs;
(e) The
			 licensee's disposal of radioactive material into sanitary sewerage in
			 accordance with paragraph (D) of rule
			 3701:1-38-19 of
			 the Administrative Code; and
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-14 - Survey and monitoring requirements

Current through all regulations passed and filed through July 1, 2024
(A) Each licensee or registrant shall:
(1) Make, or cause to be made, surveys of
			 areas, including the subsurface, that are:
(a) Necessary to comply with this chapter:
			 and
(b) Reasonable under the
			 circumstances to evaluate:
(i) Radiation
			 levels;
(ii) Concentrations or
			 quantities of residual radioactivity; and
(iii) The potential radiological hazards of
			 the radiation levels and residual radioactivity detected.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-15 - Control of exposure from external sources in high and very high radiation areas

Current through all regulations passed and filed through July 1, 2024
(A) Control of access to high radiation areas
			 shall be maintained by the licensee or registrant.
(1) Control of access shall be maintained by
			 ensuring that each entrance or access point to a high radiation area has one or
			 more of the following features:
(a) A control
			 device that, upon entry into the area, causes the level of radiation to be
			 reduced below that level at which an individual might receive a deep dose
			 equivalent of one millisievert (0.1 rem) in one hour at thirty centimeters from
			 the source of radiation or from any surface that the radiation penetrates;
			 or
(b) A control device that
			 energizes a conspicuous visible or audible alarm signal so that the individual
			 entering the high radiation area and the supervisor of the activity are made
			 aware of the entry; or
(c)
			 Entryways that are locked, except during periods when access to the areas is
			 required, with administrative and/or engineering control over each individual
			 entry.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-16 - Respiratory protection and controls to restrict internal exposure to radioactive material in a restricted area

Current through all regulations passed and filed through July 1, 2024
(A) To the extent practical, the licensee
			 shall use process or other engineering controls, such as containment,
			 decontamination or ventilation, to control the concentrations of radioactive
			 material in air. When it is not practical to apply process or other engineering
			 controls to control the concentrations of radioactive material in air to values
			 below those that define an airborne radioactivity area, the licensee shall
			 increase monitoring and limit intakes, consistent with maintaining the total
			 effective dose equivalent ALARA, by one or more of the following means:
(1) Control of access;
(2) Limitation of exposure times;
(3) Use of respiratory protection equipment;
			 or
(4) Other controls as determined
			 by the director.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-17 - Storage and control of a licensed or registered source of radiation

Current through all regulations passed and filed through July 1, 2024
(A) The licensee
			 shall secure licensed radioactive material from unauthorized removal or access.
(B) The licensee shall maintain
			 constant surveillance and shall use devices or
			 administrative procedures to prevent unauthorized use of licensed radioactive
			 material that is in an unrestricted area and that is not in storage.
(C) The registrant shall use devices or
			 administrative procedures to prevent unauthorized use of radiation-generating
			 equipment.
Five Year Review (FYR) Dates:
				1/24/2022 and
				01/20/2027
Promulgated
				Under:
				119.03
Statutory Authority:
				3748.04
Rule Amplifies:
				3748.04
Prior Effective Dates: 07/22/2001,
				09/01/2011
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-18 - Posting, labeling, and receipt of packages

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in paragraph (B) of
			 this rule, caution signs and posting requirements for licensees and registrants
			 are as follows:
(1) The standard radiation
			 symbol, unless otherwise authorized by the department or as provided in
			 paragraph (A)(2) of this rule, shall use the colors magenta, purple, or black
			 on yellow background. The symbol prescribed is the three-bladed design as
			 follows:
Click to
				view image
(2)
			 Notwithstanding paragraph (A)(1) of this rule, licensees and registrants are
			 authorized to label sources, source holders, or device components containing
			 sources of radiation that are subjected to high temperatures, with
			 conspicuously cast, etched or stamped radiation caution symbols and without a
			 color requirement.
(3) In addition
			 to the contents of signs and labels prescribed in this chapter, the licensee or
			 registrant may provide, on or near the required signs and labels, additional
			 information, as appropriate, to make individuals aware of potential radiation
			 exposures and to minimize the exposures.
(4) Posting of radiation areas shall be
			 accomplished as follows:
(a) The licensee or
			 registrant shall post each radiation area with a conspicuous sign or signs
			 bearing the radiation symbol and the words "Caution, Radiation Area".
(b) The licensee or registrant shall post
			 each high radiation area with a conspicuous sign or signs bearing the radiation
			 symbol and the words "Caution, High Radiation Area" or "Danger, High Radiation
			 Area".
(c) The licensee or
			 registrant shall post each very high radiation area with conspicuous sign or
			 signs bearing the radiation symbol and words "Grave Danger, Very High Radiation
			 Area".
(d) The licensee shall post
			 each airborne radioactivity area with a conspicuous sign or signs bearing the
			 radiation symbol and the words "Caution, Airborne Radioactivity Area" or
			 "Danger, Airborne Radioactivity Area".
(e) The licensee shall post each area or room
			 in which there is an amount of licensed material used or stored which exceeds
			 ten times the quantity of such material specified in the appendix to this rule with a conspicuous sign
			 or signs bearing the radiation symbol and the words "Caution, Radioactive
			 Material(s)" or "Danger, Radioactive Material(s)".
(f) The licensee shall post access openings
			 to manufacturing or process equipment (such as tanks and vessels) on or in
			 which radiation sources are mounted, if a person could gain access to the
			 radiation beam and receive an annual dose to any part of their body which is
			 greater than the applicable, permissible limits for individuals in rules
			 3701:1-38-12
			 and
			 3701:1-38-13
			 of the Administrative Code. The posting must include a conspicuous sign or
			 signs bearing the radiation symbol and warning of the
			 hazard.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-19 - Waste disposal

Current through all regulations passed and filed through July 1, 2024
(A) A licensee shall dispose of licensed
			 radioactive material in accordance with this rule. Licensed material shall be
			 disposed of in one of the following manners:
(1) By transfer to an authorized recipient as
			 provided in this chapter, Chapter 3701:1-40 of the Administrative Code, or to
			 the United States department of energy;
(2) By decay in storage provided that the
			 radionuclide has a half-life of one hundred twenty days or less, or as
			 otherwise permitted by the license;
(3) By release in effluents within the limits
			 set forth in rule
			 3701:1-38-13
			 of the Administrative Code; or
(4)
			 As authorized pursuant to paragraphs (B) to (F) of this rule.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-20 - Records

Current through all regulations passed and filed through July 1, 2024
(A) Each licensee
			 or registrant shall use the SI units becquerel, gray, sievert and coulomb per
			 kilogram, or the special units curie, rad, rem and roentgen, including
			 multiples and subdivisions, and shall clearly indicate the units of all
			 quantities on records required by this chapter. The licensee or registrant
			 shall make a clear distinction among the quantities entered on the records such
			 as, total effective dose equivalent, total organ dose equivalent, shallow dose
			 equivalent, lens dose equivalent, deep dose equivalent, or committed effective
			 dose equivalent.
(B) Each licensee
			 or registrant shall maintain records of the radiation protection program,
			 including the provisions of the program and audits and other reviews of program
			 content and implementation. The licensee or registrant shall retain the records
			 of the provisions of the program until the department terminates each license
			 or registration pertinent to the record. The licensee or registrant shall
			 retain all the other records required by this paragraph for three years after
			 the record is made.
(C) Records of
			 surveys showing the results of surveys and calibrations required by paragraph
			 (A) of rule
			 3701:1-38-14
			 and paragraph (F) of rule
			 3701:1-38-18
			 of the Administrative Code shall be maintained and retained by the licensee or
			 registrant for three years after the record is made.
(D) The licensee or registrant shall retain
			 each of the following records until the department terminates each license or
			 registration pertinent to the record:
(1)
			 Records of the results of surveys to determine the dose from external sources
			 of radiation used, in the absence of or in combination with individual
			 monitoring data, in the assessment of individual dose equivalents;
(2) Records of the results of measurements
			 and calculations used to determine individual intakes of radioactive material
			 and used in the assessment of internal dose;
(3) Records showing the results of air
			 sampling, surveys, and bioassays required pursuant to paragraphs (C)(2)(a) and
			 (C)(2)(b) of rule
			 3701:1-38-16
			 of the Administrative Code; and
(4)
			 Records of the results of measurements and calculations used to evaluate the
			 release of radioactive effluents to the environment.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-21 - Reports

Current through all regulations passed and filed through July 1, 2024
(A) The licensee or
			 registrant shall report stolen, lost, or missing licensed or registered sources
			 of radiation to the director in accordance with the following:
(1) Telephone reports shall be made as
			 follows:
(a) To the bureau of environmental
			 health and radiation protection point of contact (POC) in accordance with the
			 form "Notice to Employees" issued by the director.
(b) In the case of a licensee, he or she
			 shall make contact:
(i) Immediately after the
			 licensee determines that licensed radioactive material is stolen, lost, or
			 missing in an aggregate quantity equal to or greater than one
			 thousand times the quantity specified in
			 the appendix  to rule
			 3701:1-38-18
			 of the Administrative Code under such circumstances that it appears to the
			 licensee that an exposure could result to individuals in unrestricted
			 areas;
(ii) Within thirty days
			 after its occurrence becomes known to the licensee, lost, stolen, or missing
			 licensed radioactive material in an aggregate quantity greater than ten times
			 the quantity specified in the appendix
			  to rule
			 3701:1-38-18
			 of the Administrative Code that is still missing.
(c) In the case of a registrant, he or she
			 shall make contact immediately after it becomes known that radiation-generating
			 equipment has been stolen, lost, or is missing.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-23 - Reporting of defects and noncompliance

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule:
(1) "Basic component" means:
(a) A structure, system, or component, or
			 part thereof that affects their safety function, that is directly procured by
			 the licensee or registrant of facility or activity subject to the rules
			 promulgated pursuant to Chapter 3748. of the Revised Code and in which a defect
			 or failure to comply with any rule promulgated pursuant to Chapter 3748. of the
			 Revised Code, order issued by the director, or license issued by the department
			 could create a substantial safety hazard; and
(b) Safety-related design, analysis,
			 inspection, testing, fabrication, replacement of parts, or consulting services
			 that are associated with the component hardware whether these services are
			 performed by the component supplier or others.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-24 - Testing for leakage or contamination of sealed sources

Current through all regulations passed and filed through July 1, 2024
(A) The licensee in
			 possession of any sealed source not subject to the testing requirements of rule
			 3701:1-46-05,
			 3701:1-48-09,
			 3701:1-49-07,
			 3701:1-52-22,
			 or
			 3701:1-58-27
			 of the Administrative Code, shall assure that:
(1) Each sealed source, except as specified
			 in paragraph (B) of this rule, is tested for leakage or contamination and the
			 test results are received before the sealed source is put into use unless the
			 licensee has a certificate from the transferor indicating that the sealed
			 source was tested within six months before transfer to the licensee;
(2) Each sealed source that is not designed
			 to emit alpha particles is tested for leakage or contamination at intervals not
			 to exceed six months or at alternative intervals as specified in the sealed
			 source and device registry sheet;
(3) Each sealed source that is designed to
			 emit alpha particles is tested for leakage or contamination at intervals not to
			 exceed three months or at alternative intervals as specified in the sealed
			 source and device registry sheet;
(4) For each sealed source that is required
			 to be tested for leakage or contamination, at any other time there is reason to
			 suspect that the sealed source might have been damaged or might be leaking, the
			 licensee shall assure that the sealed source is tested for leakage or
			 contamination before further use;
(5) Tests for leakage for all sealed sources
			 shall be capable of detecting the presence of one hundred eighty-five
			 becquerels ( 0.005 microcurie) of radioactive material on a test sample. Test
			 samples shall be taken from the sealed source or from the surfaces of the
			 container in which the sealed source is stored or mounted on which one might
			 expect contamination to accumulate. For a sealed source contained in a device,
			 test samples are obtained when the source is in the off position;
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-38 - General Radiation Protection Standards for Sources of Radiation › Section 3701:1-38-25 - Reports of transactions involving nationally tracked sources

Current through all regulations passed and filed through July 1, 2024
Each licensee who manufactures, transfers, receives,
				disassembles, or disposes of a nationally tracked source shall complete and
				submit a national source tracking transaction report as specified in paragraphs
				(A) to (E) of this rule for each type of transaction.
(A) Each licensee who manufactures a
			 nationally tracked source shall complete and submit a national source tracking
			 transaction report. The report must include the following information:
(1) The name, address, and license number of
			 the reporting licensee;
(2) The
			 name of the individual preparing the report;
(3) The manufacturer, model, and serial
			 number of the source;
(4) The
			 radioactive material in the source;
(5) The initial source strength in becquerels
			 (curies) at the time of manufacture; and
(6) The manufacture date of the
			 source.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
Terms defined in rule
				3701:1-38-01 of the
				Administrative Code shall have the same meaning when used in Chapter 3701:1-40
				of the Administrative Code except terms redefined within a given rule for use
				within that rule only, and additionally, as used in Chapter 3701:1-40 of the
				Administrative Code:
(A) "Bureau
			 assessment report" means a document prepared by the department that briefly
			 provides evidence and analysis of whether there is an adverse radiological
			 impact on human health or the human environment or whether there is no
			 significant impact.
(B)
								 "Categorical exclusion" means a category of
			 actions which do not individually or cumulatively have a significant effect on
			 human health or the human environment.
(C)
								 "Environmental report" means a document
			 submitted to the department by an applicant for a license, renewal, or
			 amendment thereof, that aids the department in completing the bureau assessment
			 report.
Five Year Review (FYR) Dates:
				04/08/2015 and
				04/01/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.04
Rule
				Amplifies: 3748.04
Prior
				Effective Dates: 7/22/2001, 2/6/06,
				10/4/10
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-02 - Scope

Current through all regulations passed and filed through July 1, 2024
(A) This chapter
			 prescribes specific radiation protection requirements applicable to all persons
			 in Ohio handling 
								radioactive material
			  for
			 which licensure is required. The requirements of this chapter are in addition
			 to, and not in substitution for, other requirements of the Administrative Code.
			 In any conflict between the requirements in this chapter and a specific
			 requirement in another chapter of the Administrative Code adopted pursuant to
			 Chapter 3748. of the Revised Code, the more specific requirement governs.
(B) The director may issue
			 licenses for 
								radioactive material
			  as
			 outlined in this chapter. Handlers of source material and special nuclear
			 material less than critical mass shall 
			 comply with the requirements of Chapters 3701:1-44 and 3701:1-56
			 of the Administrative Code, respectively
								. The director shall issue a specific
			 license to a named person upon application filed in accordance with paragraph
			 (C) of rule
			 3701:1-38-02
			 of the Administrative Code. A general license may be effective without
			 application to the director based on criteria in rules covering manufacture and
			 distribution of radioactive material and rule
			 3701:1-38-02
			 of the Administrative Code.
Five Year Review (FYR) Dates:
				04/08/2015 and
				04/01/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.02,
				3748.04
Rule
				Amplifies: 3748.04
Prior
				Effective Dates: 7/22/2001, 8/15/05,
				10/4/10
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-03 - Activities requiring license

Current through all regulations passed and filed through July 1, 2024
Unless otherwise exempt as provided in rule
				3701:1-43-07 of the Administrative Code, or unless
				possession is solely for the purpose of transportation, no person shall handle
				or possess (including manufacture, produce, acquire, or own) or dispose of
				(including closure, decommissioning, reclamation, or long-term surveillance or
				care) radioactive material except as authorized in a specific or general
				license issued in accordance with this chapter, or other chapters of the
				Administrative Code adopted pursuant to Chapter 3748. of the Revised Code and
				rule
				3701:1-38-02
				of the Administrative Code.
Five Year Review (FYR) Dates:
				04/08/2015 and
				04/01/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.04
Rule
				Amplifies: 3748.04
Prior
				Effective Dates: 7/22/2001, 8/15/05, 10/04/10,
				5/23/13
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-04 - Communications

Current through all regulations passed and filed through July 1, 2024
(A)
								Except as otherwise provided, any communication or
			 report required by this chapter shall be filed in accordance with Chapter 3748.
			 of the Revised Code and rules promulgated thereunder. Documents pertaining to
			 license application or any license matter, unless otherwise directed in
			 writing, shall be submitted to the following address or by electronic
			 submission in a manner approved by the director:
"Ohio Department of Health
Bureau of Environmental Health and
				Radiation Protection
246 North High Street
Columbus, Ohio 43215."
(B)
								If
			 permitted to submit via electronic mail, communications may be sent to the Ohio
			 department of health at:
"BRadiation@odh.ohio.gov"
Replaces: 3701:1-40-04
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-05 - Completeness and accuracy of information

Current through all regulations passed and filed through July 1, 2024
All information provided to the director by an applicant for a
				license, or by a licensee, and all information required to be maintained by the
				applicant or the licensee in accordance with license conditions or by Chapter
				3748. of the Revised Code or Rules adopted thereunder, shall be complete and
				accurate in all material respects.
Five Year Review (FYR) Dates:
				04/08/2015 and
				04/01/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.02,
				3748.04
Rule
				Amplifies: 3748.04
Prior
				Effective Dates: 7/22/2001, 8/15/05
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-06 - Department of energy contractors

Current through all regulations passed and filed through July 1, 2024
(A) Except to the extent that United States
			 department of energy facilities or activities of the types subject to licensing
			 pursuant to section 202 of the "Energy Reorganization Act of 1974"
			 ( Pub.L. 93-438, 88 Stat. 1233,
			 42
			 U.S.C. 5842)  are involved, any prime
			 contractor of the United States department of energy is exempt from the license
			 requirements set forth in sections 81 and 82 of the "Atomic Energy Act
			 of 1954" ( Pub.L. 83-703,
			 68 Stat. 919,
			 42 U.S.C.
			 2111 and
			 2112)
			  and from the regulations in this chapter to the extent that such
			 contractor, under his prime contract with the United States department of
			 energy, manufactures, produces, transfers, receives, acquires, owns, possesses,
			 or uses byproduct material for:
(1) The
			 performance of work for the United States department of energy at a United
			 States government-owned or controlled site, including the transportation of
			 byproduct material to or from such site and the performance of contract
			 services during temporary interruptions of such transportation;
(2) Research in, or development, manufacture,
			 storage, testing or transportation of, atomic weapons or components thereof;
			 or
(3) The use or operation of
			 nuclear reactors or other nuclear devices in a United States government-owned
			 vehicle or vessel.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-07 - Carriers

Current through all regulations passed and filed through July 1, 2024
Common and contract carriers, freight forwarders, warehousemen,
				and the U.
				S. postal service are exempt from the regulations in
				this chapter and Chapters 3701:1-37, 3701:1-46,
				3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 of the Administrative Code, to
				the extent that they are not required to be licensed as set forth in Chapter
				3748. of the Revised Code and rule
				3701:1-38-02
				of the Administrative Code, and to the extent that they only transport or store
				radioactive material in the regular course of carriage for another or storage
				incident thereto.
Five Year Review (FYR) Dates:
				04/13/2015 and
				04/01/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.02,
				3748.04
Rule
				Amplifies: 3748.04,
				3748.07
Prior
				Effective Dates: 7/22/2001, 8/15/05, 10/4/10,
				5/15/14
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-08 - Exempt concentrations

Current through all regulations passed and filed through July 1, 2024
(A) Except as may be required in paragraphs
			 (C) and (D) of this rule, any person is exempt from the requirements for a
			 license set forth in this chapter and Chapters 3701:1-46, 3701:1-48, 3701:1-49,
			 3701:1-52, and 3701:1-58 of the Administrative Code to the extent that such
			 person receives, possesses, uses, transfers, owns, or acquires products or
			 materials containing radioactive material in concentrations that do not exceed
			 those listed in the appendix to this rule.
(B) This rule shall not be deemed to
			 authorize the import of radioactive material or products containing radioactive
			 material.
(C) A manufacturer,
			 processor, or producer of a product or material from the rules in this chapter
			 and Chapters 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 of the
			 Administrative Code to the extent that the person transfers radioactive
			 material contained in a product or material in concentrations not in excess of
			 those specified in the appendix to this rule and introduced into the product or
			 material by a licensee holding a specific license issued by an agreement state,
			 the United States nuclear regulatory commission, or the director, expressly
			 authorizing such introduction. This exemption does not apply to the transfer of
			 radioactive material contained in any food, beverage, cosmetic, drug, or other
			 commodity or product designed for ingestion or inhalation by, or application
			 to, a human being.
(D) No person
			 may introduce radioactive material into a product or material knowing or having
			 reason to believe that it will be transferred to persons exempt under this
			 rule, except in accordance with a license issued by the United States nuclear
			 regulatory commission.
Appendix
Exempt Concentrations
See Appendix at
http://www.registerofohio.state.oh.us/pdfs/3701/1/40/3701$1-40-08_PH_FF_A_APP1_20090501_1249.pdf
Five Year Review (FYR) Dates:
				04/08/2015 and
				04/01/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3748.02,
				3748.04
Rule
				Amplifies: 3748.04,
				3748.07
Prior
				Effective Dates: 7/22/2001, 8/15/05,
				5/11/09
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-09 - Certain items containing radioactive material

Current through all regulations passed and filed through July 1, 2024
(A) Except for persons who apply radioactive
			 material to, or persons who incorporate radioactive material into, the
			 following products, or persons who initially transfer for sale or distribution
			 the following products containing radioactive material, any person is exempt
			 from the requirements for a license set forth in this chapter and Chapters
			 3701:1-38, 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 of the
			 Administrative Code to the extent that such person receives, possesses, uses,
			 transfers, owns, or acquires the following products:
(1) Timepieces or hands or dials containing
			 not more than the following specified quantities of radioactive material and
			 not exceeding the following specified levels of radiation:
(a) Nine hundred twenty-five megabecquerels
			 (twenty-five millicuries) of tritium per timepiece,
(b) One hundred eighty-five megabecquerels
			 (five millicuries) of tritium per hand,
(c) Five hundred fifty-five megabecquerels
			 (fifteen millicuries) of tritium per dial (bezels when used shall be considered
			 as part of the dial),
(d)3.7
			 megabecquerels (one hundred microcuries) of promethium-147 per watch or 7.4
			 megabecquerels (two hundred microcuries) of promethium-147 per any other
			 timepiece,
(e) Seven hundred forty
			 kilobecquerels (twenty microcuries) of promethium-147 per watch hand or
			 1.48 megabecquerels (forty
			 microcuries) of promethium-147 per other timepiece hand,
(f)2.22 megabecquerels (sixty microcuries) of
			 promethium-147 per watch dial or 4.44 megabecquerels (one hundred twenty
			 microcuries) of promethium-147 per other timepiece dial (bezels when used shall
			 be considered as part of the dial), and
(g) The levels of radiation from hands and
			 dials containing promethium-147 will not exceed, when measured through fifty
			 milligrams per square centimeter of absorber:
(i) For wrist watches, one
			 microgray ( 0.1 millirad) per hour at ten centimeters
			 from any surface,
(ii) For pocket
			 watches, one microgray ( 0.1 millirad) per hour at one centimeter
			 from any surface, and
(iii) For any
			 other timepiece, two microgray ( 0.2 millirad) per hour at ten centimeters
			 from any surface.
(h)
			 Thirty-seven kilobecquerels (one microcurie) of radium-226 per timepiece in
			 intact timepieces manufactured prior to November 30, 2007.
Ohio Administrative Code › Title 3701:1 - Radiation Control › Chapter 3701:1-40 - Licensing of Radioactive Material › Section 3701:1-40-10 - Certain industrial devices

Current through all regulations passed and filed through July 1, 2024
(A) Except for persons who manufacture,
			 process, produce, or initially transfer for sale or distribution industrial
			 devices containing radioactive material designed and manufactured for the
			 purpose of detecting, measuring, gauging or controlling thickness, density,
			 level, interface location, radiation, leakage, or qualitative or quantitative
			 chemical composition, or for producing an ionized atmosphere, any person is
			 exempt from the requirements for a license set forth in Chapters 3701:1-38,
			 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 of the Administrative
			 Code to the extent that such a person receives, possesses, uses, transfers,
			 owns, or acquires radioactive material, in these certain detecting, measuring,
			 gauging, or controlling devices and certain devices for producing an ionized
			 atmosphere, and manufactured, processed, produced, or initially transferred in
			 accordance with a specific license issued under
			 10 C.F.R.
			 32.30
								, 
								(as in effect on the
			 effective date of this rule) which license authorizes the initial
			 transfer of the device for use under this section. This exemption does not
			 cover sources not incorporated into a device, such as calibration and reference
			 sources.
(B) Any person who desires
			 to manufacture, process, produce, initially transfer for sale or distribution
			 industrial devices containing radioactive material for use under paragraph (A)
			 of this rule, shall apply for a specific license issued by the United States
			 nuclear regulatory commission and for a certificate of registration in
			 accordance with rule
			 3701:1-46-49
			 of the Administrative Code.