reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0060 - General Licenses for Carriers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A general license is hereby issued to any
			 common or contract carrier not exempt under OAR
			 333-118-0040  to
			 receive, possess, transport, and store radioactive material in the regular
			 course of their carriage for others or storage incident thereto, provided the
			 transportation and storage is in accordance with the applicable requirements,
			 appropriate to the mode of transport, of the U.S. Department of Transportation,
			 insofar as such requirements relate to the loading and storage of packages,
			 placarding of the transporting vehicle, and incident reporting.
NOTE:
Notification of an incident shall be filed
				with, or made to, the Authority as prescribed in 49 CFR, regardless of and in
				addition to the notification made to the U.S. Department of Transportation or
				other agencies.
(2) A
			 general license is hereby issued to any private carrier to transport
			 radioactive material, provided the transportation is in accordance with the
			 applicable requirements, appropriate to the mode of transport, of the U.S.
			 Department of Transportation, insofar as such requirements relate to the
			 loading and storage of packages, placarding of the transporting vehicle, and
			 incident reporting.
(3) Persons who
			 transport radioactive material pursuant to the general licenses in sections (1)
			 or (2) of this rule are exempt from the requirements of divisions 111 and 120
			 of these rules to the extent that they transport radioactive
			 material.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0070 - General License: Nuclear Regulatory Commission-Approved Packages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A general
			 license is hereby issued to any licensee of the Authority to transport, or to
			 deliver to a carrier for transport, licensed material in a package for which a
			 license, Certificate of Compliance (CoC), or other approval has been issued by
			 the U.S. Nuclear Regulatory Commission.
(2) This general license applies only to a
			 licensee who has a quality assurance program approved by the Authority as
			 satisfying the provisions of  10 CFR Part 71, subpart H and any applicable
			 requirements in OAR 333-118-0200.
(3) Each licensee issued a general license
			 under section (1) of this rule shall:
(a)
			 Maintain a copy of the Certificate of Compliance, or other approval of the
			 package, and the drawings and other documents referenced in the approval
			 relating to the use and maintenance of the packaging and to the actions to be
			 taken before shipment;
(b) Comply
			 with the terms and conditions of the license, certificate, or other approval,
			 as applicable, and the applicable requirements of 10 CFR Parts 71, subparts A,
			 G, and H; and
(c) Submit in writing
			 before the first use of the package to: ATTN: Document Control Desk, Director,
			 Division of Fuel Management, Office of Nuclear Material Safety and Safeguards,
			 U.S. Nuclear Regulatory Commission, Washington DC 20555-0001, using an
			 appropriate method listed in 10 CFR Parts 71.1(a), the licensee's name and
			 license number and the package identification number specified in the package
			 approval.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0090 - General License: U.S. Department of Transportation Specification Container

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A general
			 license is issued to any licensee of the Agency to transport, or to deliver to
			 a carrier for transport, licensed material in a specification container
			 containing a fissile material or a Type B quantity of radioactive material as
			 specified in 49 CFR Parts 173 and 178.
(2) This general license applies only to a
			 licensee who has a quality assurance program required by OAR
			 333-118-0200  and approved by the Authority.
(a) Has a copy
			 of the specification;
(b) Complies
			 with the terms and conditions of the specification and the applicable
			 requirements of division 118; and
(c) Has a quality assurance program required
			 by OAR
			 333-118-0200.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0100 - General License: Use of Foreign Approved Package

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A general license is issued to any
			 licensee of the Authority to transport, or to deliver to a carrier for
			 transport, licensed material in a package the design of which has been approved
			 in a foreign national competent authority certificate which has been
			 revalidated by the U.S. Department of Transportation as meeting the applicable
			 requirements of  49 CFR Part 171.23.
(2) Except as otherwise provided in this
			 division, the general license applies only to a licensee who has a quality
			 assurance program approved by the Authority as satisfying the applicable
			 provisions of  10 CFR Part 71, subpart H.
(3) This general license applies only to
			 shipments made to or from locations outside of the United States.
(4) Each licensee issued a general license
			 under section (1) of this rule shall:
(a)
			 Maintain a copy of the applicable certificate, the revalidation, and the
			 drawings and other documents referenced in the certificate, relating to the use
			 and maintenance of the packaging and to the actions to be taken before
			 shipment; and
(b) Comply with the
			 terms and conditions of the certificate and revalidation, and with the
			 applicable requirements of  10 CFR Part 71, subparts A, G, and H.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0110 - General License: Fissile Material

Current through Register Vol. 63, No. 7, July 1, 2024
A general license is issued to any licensee of the Authority to
				transport fissile material, or to deliver fissile material to a carrier for
				transport, if the material is shipped in accordance with 10 CFR Part
				71.22.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0120 - General License: Plutonium Beryllium Special Form Material

Current through Register Vol. 63, No. 7, July 1, 2024
A general license is issued to any licensee of the Authority to
				transport fissile material in the form of plutonium-beryllium (Pu-Be) special
				form sealed sources, or to deliver Pu-Be sealed sources to a carrier for
				transport, if the material is shipped in accordance with 10 CFR Part
				71.23.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0125 - External Radiation Standards for All Packages

Current through Register Vol. 63, No. 7, July 1, 2024
Each package of radioactive materials offered for
				transportation must be designed and prepared for shipment so that under
				conditions normally incident to transportation the radiation level does not
				exceed 2 mSv/h (200 mrem/h) at any point on the external surface of the
				package, and the transport index does not exceed 10. A package that exceeds the
				radiation level must be transported by exclusive use shipment only, and the
				radiation levels for such shipment must be in accordance with 10 CFR Part
				71.47.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0130 - Fissile Material: Assumptions as to Unknown Properties of Fissile Material

Current through Register Vol. 63, No. 7, July 1, 2024
When the isotopic abundance, mass, concentration, degree of
				irradiation, degree of moderation, or other pertinent property of fissile
				material in any package is not known, the licensee shall package the fissile
				material as if the unknown properties had credible values that would cause the
				maximum neutron multiplication.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0140 - Operating Controls and Procedures: Preliminary Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
The licensee shall ascertain that the determinations in  10 CFR
				Part 71.85  sections (a) through (c) have been made.
Statutory/Other Authority: ORS
				  453.635
Statutes/Other Implemented: ORS
				  453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0150 - Routine Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to each shipment of licensed material, the licensee shall
				ensure that the package with its contents satisfies the applicable requirements
				of this division and of the license. The licensee shall determine that:
(1) The package is proper for the contents to
			 be shipped.
(2) The package is in
			 unimpaired physical condition except superficial defects such as marks or
			 dents.
(3) Each closure device of
			 the packaging, including any required gasket, is properly installed and secured
			 and free of defects.
(4) Any system
			 for containing liquid is adequately sealed and has adequate space or other
			 specified provision for expansion of the liquid.
(5) Any pressure relief device is operable
			 and set in accordance with written procedures.
(6) The package has been loaded and closed in
			 accordance with written procedures.
(7) Any structural part of the package which
			 could be used to lift or tie down the package during transport is rendered
			 inoperable for that purpose unless it satisfies design requirements specified
			 in  10 CFR 71.45.
(8) For fissile
			 material, any moderator or neutron absorber, if required, is present and in
			 proper condition.
(9) The level of
			 non-fixed (removable) radioactive contamination on the external surfaces of
			 each package offered for shipment is as low as reasonably achievable and within
			 the limits specified in Department of Transportation regulations outlined in  49
			 CFR Part 173.443 .
(a) External radiation
			 levels around the package and around the vehicle, if applicable, cannot exceed
			 the limits specified in  10 CFR Part 71.47  at anytime during transportation;
			 and
(b) Accessible package surface
			 temperatures cannot exceed the limits specified in   10 CFR Part 71.43 (g)  at any
			 time during transportation.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0160 - Air Transport of Plutonium

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding the provisions of any
			 general licenses and notwithstanding any exemptions stated directly in this
			 division or included indirectly by citation of the U.S. Department of
			 Transportation regulations 49 CFR Chapter I, as may be applicable, the licensee
			 shall assure that plutonium in any form is not transported by air, or delivered
			 to a carrier for air transport, unless:
(a)
			 The plutonium is contained in a medical device designed for individual human
			 application;
(b) The plutonium is
			 contained in a material in which the specific activity is less than or equal to
			 the activity concentration values for plutonium specified in  10 CFR Part 71, Appendix A, Table A-2 and in which the radioactivity is essentially uniformly
			 distributed;
(c) The plutonium is
			 shipped in a single package containing no more than an A2 quantity of plutonium
			 in any isotope or form and is shipped in accordance with OAR
			 333-118-0050  and  10 CFR Part 71.5 ; or
(d) The
			 plutonium is shipped in a package specifically authorized for the shipment of
			 plutonium by air in the Certificate of Compliance for that package issued by
			 the Nuclear Regulatory Commission Part.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0162 - Opening Instructions

Current through Register Vol. 63, No. 7, July 1, 2024
Before delivery of a package to a carrier for transport, the
				licensee shall ensure that any special instructions needed to safely open the
				package have been sent to, or otherwise made available to, the consignee for
				the consignee's use in accordance with  10 CFR 20.1906 (e).
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0170 - Operating Controls and Procedures: Shipment Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each licensee shall maintain for a period
			 of three years after shipment, or until inspected by the Authority, a record of
			 each shipment of licensed material not exempt under OAR 333-118-0052, showing,
			 where applicable:
(a) Identification of the
			 packaging by model and serial number;
(b) Verification that the packaging, as
			 shipped, had no significant defects;
(c) Volume and identification of
			 coolant;
(d) Type and quantity of
			 licensed material in each package, and the total quantity of each shipment;
(e) For each item of irradiated
			 fissile material:
(A) Identification by model
			 number and serial number;
(B)
			 Irradiation and decay history to the extent appropriate to demonstrate that its
			 nuclear and thermal characteristics comply with license conditions;
			 and
(C) Any abnormal or unusual
			 condition relevant to radiation safety;
(f) Date of the shipment;
(g) For fissile packages and for Type B
			 packages, any special controls exercised;
(h) Name and address of the
			 transferee;
(i) Address to which
			 the shipment was made; and
(j)
			 Results of the determinations required by OAR 333-118-0150  and by the
			 conditions of the package approval.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0180 - Reports

Current through Register Vol. 63, No. 7, July 1, 2024
The licensee shall report to the Authority within 30
				days:
(1) Any instance in which there
			 is significant reduction in the effectiveness of any approved Type B or fissile
			 packaging during use; and
(2)
			 Details of any defects with safety significance in the Type B or fissile
			 packaging after first use, with the means employed to repair the defects and
			 prevent their recurrence or
(3)
			 Instances in which the conditions of approval in the certificate of compliance
			 were not observed in making a shipment.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0190 - Advance Notification of Transport of Nuclear Waste

Current through Register Vol. 63, No. 7, July 1, 2024
Nuclear waste transports shall be transported as specified in
				 10 CFR Part 71.97.
Stat. Auth.: ORS
				  453.635
Stats. Implemented: ORS
				  453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0200 - Quality Assurance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to general licensees
			 only, and not to certificate of compliance holders (CoC) or applicants of CoC.
			 Each licensee shall establish and maintain a Quality Assurance program
			 specified by the Nuclear Regulatory Commission, 10 CFR, Subpart H, Parts 71.101
			 through 71.137.
(2) Licensees shall
			 submit their Quality Assurance program or plans for review and approval to:
			 Attn: Radiation Protection Services, 800 NE Oregon St., Suite 640, Portland
			 Oregon, 97232.
Statutory/Other Authority: ORS
				  453.635
Statutes/Other Implemented: ORS
				  453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 118 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 333-118-0800 - Referenced Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division of chapter 333 of the Oregon Administrative Rules incorporates by
			 reference material originally published elsewhere. Certified copies of the
			 complete text of incorporated materials referenced are available for public
			 inspection during regular business hours at the Radiation Protection Services
			 Office. Copies of referenced material will be provided at cost upon request.
			 Information regarding how the incorporated material may be obtained or examined
			 is available from Radioactive Materials Program, Radiation Protection Services,
			 800 NE Oregon Street, Portland, Oregon 97232.
(2) Material referenced in this division does
			 not include amendments to or revised editions of the material published later
			 than the effective date of the relevant section.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0001 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of this division is to regulate tanning facilities to minimize the risks
			 associated with tanning by artificial Ultraviolet light. These risks include,
			 but may not be limited to:
(a)
			 Sunburn;
(b) Premature aging of the
			 skin;
(c) Skin cancer;
(d) Retinal damage;
(e) Formation of cataracts;
(f) Suppression of the immune
			 system;
(g) Damage to the vascular
			 system; and
(h) Improper sanitation
			 of tanning devices.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Authority"
			 means the Oregon Health Authority.
(2) "Customer" means any member of the public
			 who is provided access to a tanning device in exchange for a fee or other
			 compensation, or any individual who, in exchange for a fee or other
			 compensation, is afforded use of a tanning device as a condition or benefit of
			 membership or access.
(3)
			 "Employee" means any individual, including a minor whether lawfully or
			 unlawfully employed, who engages to furnish services for remuneration,
			 financial or otherwise, subject to the direction and control of an employer and
			 includes any individual who is required to have workers' compensation coverage.
(4) "EPA" means the U.S.
			 Environmental Protection Agency.
(5) "FDA" means the U.S. Food and Drug
			 Administration.
(6) "Fitzpatrick
			 Skin Type Scale" means a numerical classification diagram used as a way to
			 classify the response of different types of skin to ultraviolet (UV) light.
(7) "Formal Training" means a
			 course of instruction reviewed and approved by the Authority and which is
			 conducted or presented under formal classroom conditions or online by a
			 qualified expert possessing adequate knowledge and experience to offer a
			 curriculum, associated training, and certification testing pertaining to and
			 associated with the correct use of tanning equipment. Operator training shall
			 cover ultraviolet radiation and effects on the skin, photosensitivity, FDA and
			 State of Oregon regulations, eye protection, and equipment maintenance.
(8) "Handrails" means a suitable
			 physical aid that will help to maintain proper exposure distance.
(9) "Identification" means:
(a) A government-issued photo identification
			 that displays the individual's date of birth; or
(b) A government or non-government issued
			 photo identification when submitted with a completed Oregon Underage Tanning
			 Medical Recommendation form.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0020 - Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the
			 operation of any tanning device used by the public for a fee or other
			 compensation, the owner or operator shall file an application with the
			 Authority and pay applicable fee(s) in the amount and in the manner specified
			 in OAR
			 333-103-0025  to register each tanning device.
(2) If the owner or operator owns or operates
			 more than one such tanning facility, the owner or operator shall file a
			 separate application for each such facility owned or operated.
(3) Registration application shall be made on
			 forms furnished by the Authority.
(4) A validation certificate or
			 acknowledgement of validation will be issued by the Authority.
(5) The certificate issued by the Authority
			 shall be effective for one year beginning January 1 through December 31.
(6) The certificate shall be
			 displayed in a conspicuous open public area of the tanning facility.
(7) The Authority will provide an
			 identification number that will be affixed by an Authority inspector to each
			 tanning device during the initial or follow-up facility inspection:
(a) Identification numbers shall not be
			 removed without written permission of the Authority; and
(b) Identification numbers shall not be
			 defaced.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0030 - Administrative Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 registrant shall be responsible for directing the operation of the tanning
			 facility that has been registered with the Authority. That individual or
			 individual's agent shall assure that the provisions of these rules are met in
			 the operation of tanning devices.
(2) A tanning device which does not meet the
			 provisions of these rules shall not be operated and may be tagged "Out of
			 Service for Non-compliance with OAR 333-119 Requirements" by Authority
			 inspectors. Devices tagged as non-compliant shall not be operated until written
			 authorization is received by the registrant from the Authority.
(3) The registrant shall assure that the
			 tanning facility will comply with all applicable federal laws and regulations.
(4) In addition to the
			 requirements of this division, all registrants are subject to the applicable
			 requirements of divisions 100, 103 and 111 of this chapter.
(5) The Authority Inspection Findings report
			 shall be conspicuously posted in public view until all items of non-compliance
			 have been corrected and a written Authority release from this requirement is
			 received by the registrant.
(6)
			 The registrant shall post in a conspicuous place the Authority "Notice To The
			 Public".
(7) The registrant shall
			 ensure that the "Warning", "Notice to the Public" and "Persons Under Age 18"
			 signs are not covered or obscured, and are easily seen by clients at either the
			 main reception area of the establishment or in each tanning device room.
(8) The registrant shall notify
			 the Authority of any injury for which medical attention was sought or obtained
			 from the use of a registered tanning device within one working day after
			 learning of the occurrence, and provide the Authority any information about the
			 incident the Authority deems necessary.
Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.930 &
				  431.935
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0040 - Construction and Operation of Tanning Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise ordered or approved by the Authority, each
				tanning facility shall be constructed, operated and maintained to meet the
				following minimum requirements:
(1)
			 All tanning facilities shall be equipped with convenient toilet facilities and
			 dressing rooms. Such toilet facilities shall include a toilet and hand washing
			 sinks. Such toilet and dressing rooms shall be properly maintained, as well as
			 meet all state and local codes.
(2) Rooms or other enclosures containing
			 tanning devices shall be maintained below 100 degrees Fahrenheit (38 degrees
			 Centigrade) during operation.
(3)
			 Tanning facilities shall be constructed, operated and maintained in accordance
			 with applicable city, county and state codes.
(4) Clean sanitary towels shall be provided
			 to all patrons using tanning facilities.
(5) A hamper or receptacle must be provided
			 for all soiled towels and linen.
(6) No pets or animals are permitted in
			 tanning facilities other than service animals.
Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS
				  431.930
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0041 - Cleaning and Sanitation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 areas of the tanning facility, including tanning devices, equipment and
			 apparatus, shall be maintained in a clean and sanitary manner by the facility
			 operator.
(2) The tanning
			 device(s) and protective eyewear shall be sanitized after each client use, by
			 the facility operator.
(3) A clean
			 paper or cloth towel shall be used each time the tanning device is sanitized.
(4) An operator cannot require the
			 consumer to sanitize the tanning equipment or protective eyewear and shall not
			 post any signs requesting such sanitation be performed by the consumer.
(5) The sanitizer must contain a
			 concentration of Quaternary Ammonium between 400ppm-800ppm.
(6) A test kit that accurately measures the
			 concentration of the sanitizing solution in parts per million (ppm) shall be
			 used to measure the strength of the sanitizing solution when the concentrate
			 and water dilution is initially prepared and tested weekly thereafter to ensure
			 sufficient strength remains within the sanitizing solution.
Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS
				  431.930
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0050 - Warning Statement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At each
			 customer's initial visit to a tanning facility, and at least annually
			 thereafter, the customer shall be provided a written statement to review and
			 sign, which warns the customer that:
(a) Not
			 wearing appropriate protective eyewear may cause damage to the eyes; and
(b) Overexposure to the tanning
			 process may cause burns; and
(c)
			 Repeated exposure to the tanning process may cause skin cancer or premature
			 aging of the skin or both; and
(d)
			 Abnormal skin sensitivity or burning may result from the tanning process if the
			 customer is also consuming or using certain foods, cosmetics or medications
			 (such as tranquilizers, antibiotics, diuretics, blood pressure medication or
			 birth control pills); and
(e) Any
			 person taking a prescription or over-the-counter drug should consult a
			 physician before using a tanning device; and
(f) The frequency and duration of tanning
			 sessions must not exceed tanning device manufacturer recommendations; and
(g) Frequent users should be
			 regularly screened for skin cancer by a physician.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0060 - Warning Sign

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The registrant
			 shall conspicuously post the warning sign described in section (2) of this rule
			 within one meter (39.37inches) of each tanning device and in such a manner that
			 the sign is clearly visible, not obstructed by any barrier, equipment or other
			 object, and can be easily viewed by the customer before operating the tanning
			 device.
(2) The warning sign in
			 section (1) of this rule shall meet the following requirements:
(a) The sign shall be printed on paper or
			 similar material no smaller than 8.5 inches by 11 inches. Signs are available
			 for printing on the Authority's website.
(b) The major sign heading shall be labeled
			 "DANGER" and the section entitled "FAILURE" shall be a minimum of Times New
			 Roman, bold with a minimum font size of 40.
(c) The body text shall be a minimum of Times
			 New Roman with a minimum font size of 20.
DANGER - ULTRAVIOLET RADIATION
Avoid overexposure. As with natural sunlight, overexposure can
				cause eye and skin injury and allergic reactions. Repeated exposure may cause
				premature aging of the skin and/or skin cancer.
Frequent users should be regularly screened for skin cancer.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR
				LONG-TERM INJURY TO THE EYES.
Medications or cosmetics may increase your sensitivity to the
				Ultraviolet radiation. Consult a physician before using sunlamp or tanning
				device if you are using medications or have a history of skin problems or
				believe yourself to be especially sensitive to sunlight.
If you do not tan in the sun, you are unlikely to tan from the
				use of this product.
Tanning session frequency and time shall not exceed the device
				manufacturer's recommendations.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0070 - Protective Eyewear

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 registrant shall make available protective eyewear for use during tanning
			 sessions.
(2) The protective
			 eyewear in section (1) of this rule shall meet the requirements of 21 Code of
			 Federal Regulations (CFR) Part 1040, Section 1040.20(c)(4).
(3) Tanning facility operators shall ensure,
			 before each tanning session, that clients have approved protective
			 eyewear.
Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 -
				  431.955
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0080 - Training of Personnel

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 registrant shall ensure that tanning devices are operated only while an
			 adequately trained operator is present at the tanning facility.
(2) All operators of registered tanning
			 devices must successfully complete an Authority approved tanning training
			 course prior to commencement of tanning operations.
(3) Approved training will include, at a
			 minimum, content covering the rules of this division, skin typing, recognition
			 of overexposure, as well as any other topic determined by the Authority to be
			 critical to client protection.
Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS
				  431.930
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0090 - Protection of Consumers

Current through Register Vol. 63, No. 7, July 1, 2024
The registrant and operators are responsible for protecting the
				customers from overexposure to Ultraviolet Light by ensuring that:
(1) Only one customer may occupy the tanning
			 room. In the case of a customer using a tanning device who may need the aid or
			 assistance from another person, that individual must also be provided with and
			 wear protective eyewear.
(2) No
			 customer under the age of 18 years shall be allowed to use a tanning device
			 without a completed Oregon Underage Tanning Medical Recommendation form
			 completed by a licensed physician and identification. The recommendation:
(a) Must identify the physician and client
			 and describe the recommended tanning session frequency(s) and duration(s);
(b) Must identify dates for
			 starting and ending of the tanning sessions; and
(c) Cannot exceed the exposure scheduled per
			 OAR
			 333-119-0100(14)(b).
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0100 - Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The registrant
			 shall use only tanning devices manufactured in accordance with the
			 specifications set forth in  21 CFR Part 1040, Section 1040.20, "Sunlamp
			 Products and Ultraviolet Lamps Intended for Use in Sunlamp Products."
(2) Each tanning device shall be
			 labeled in accordance with  21 CFR Part 1040 .
(3) Adequate means shall be provided to
			 enable a customer to summon assistance from the exposure position.
(4) All persons hired for servicing and
			 repair of tanning devices shall be State of Oregon licensed electricians.
(5) State of Oregon electrical
			 codes must be observed during service and repair actions.
(6) Replacement lamps shall be certified by
			 the manufacturer as equivalent to the original lamp type as specified by the
			 manufacturer, or certified as an equivalent lamp per  21 CFR 1040.20.
(7) If equivalent lamps are used instead of
			 the Original Equipment Manufacturer (OEM) required lamps, a copy of the
			 equivalency certification, provided by the lamp supplier, shall be maintained
			 for review by the Authority during inspections.
(8) Lamps removed from a tanning device shall
			 be disposed of in a safe and proper manner to prevent unauthorized and unsafe
			 use as lighting devices. Used tanning lamps are prohibited from being resold
			 for any purpose.
(9) If the
			 ultraviolet tanning device is not in an individual cubicle, then a suitable
			 screen, curtain, or other shield shall be provided, maintained, and used to
			 prevent unnecessary exposure to ultraviolet radiation of persons not using the
			 device.
(10) Each tanning device
			 shall have a timer that complies with the requirements of  21 CFR Part 1040, Section 1040.20(c)(2).
(11) The
			 maximum timer interval shall not exceed the manufacturer's maximum recommended
			 exposure time, or 20 minutes, whichever is less.
(12) A tanning facility shall use the
			 following exposure schedule for tanning devices originally designed with a 30
			 minute maximum exposure time that have been reduced to a 20 minute maximum
			 exposure time. A copy of this exposure schedule must be affixed to the tanning
			 device, and a copy maintained at the timer controls.
(a) Skin type 1:
(A) Week 1: 1-3 minutes;
(B) Week 2: 4-6 minutes;
(C) Week 3: 7-10 minutes;
(D) Week 4: 11-15 minutes.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0110 - Records and Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 registrant shall maintain a record of each customer's total number of tanning
			 visits, dates and durations of tanning exposures.
(2) The registrants shall maintain a record
			 of each customer's signature and acknowledgement that they understand the
			 potential risks involved with exposure to ultraviolet radiation and
			 overexposure, and that they have reviewed a photosensitizing drug list.
(3) The registrant shall maintain
			 and have available when requested by the Authority, all completed Oregon
			 Underage Tanning Medical Recommendation forms with copies of the identification
			 used for each minor allowed to use a tanning device.
(4) Upon their initial visit, all tanning
			 clients must present acceptable identification as proof of age. The type of
			 identification, identification number, client's name, and date of birth shall
			 be recorded by the registrant in the client's record. When requested by the
			 Authority, records shall be available for review.
(5) The registrant shall maintain a record of
			 operator training as required in OAR
			 333-119-0080(3).
(6) The registrant shall maintain
			 a copy of the owner's manual for each tanning device.
(7) Records shall be maintained showing the
			 method of disposal of all tanning devices and lamps.
(8) All required records shall be maintained
			 in a location and format as to be readily available for review during
			 inspections conducted by the Authority.
Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 -
				  431.955
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0120 - Advertising

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Registrants
			 shall not claim or distribute promotional materials that claim using a tanning
			 device is safe, free from risk or that using the device will result in medical
			 or health benefits. Only cosmetic claims can be promoted.
(2) No person, in any advertisement, shall
			 refer to the fact that such person, or such person's facility is registered
			 with the Authority pursuant to the provisions of this division, and no person
			 shall state or imply that any activity under such registration has been
			 approved by the Authority.
Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS
				  431.930
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0130 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority
			 may, upon application therefore or upon its own initiative, grant such
			 exemptions or exceptions from the requirements of the rules in this section as
			 it determines are authorized by law and will not result in undue hazard to
			 public health and safety.
(2) A
			 phototherapy device used by or under the direct supervision of a physician
			 licensed under ORS chapter 677 is exempt from the requirements of this
			 division.
(3) Any individual is
			 exempt from the provisions of this division to the extent that such individual
			 owns a tanning device exclusively for personal use.
(4) Tanning devices, while in transit or
			 storage, are exempt from the registration provisions of this division.
Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 -
				  431.955
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0140 - Denial, Revocation, Termination of Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Authority may deny, suspend or revoke
			 registration issued pursuant to this division:
(a) For any written false statement in the
			 application for registration or in any statement of fact as required by
			 provisions of this division; or
(b)
			 Because of conditions revealed by the application or any report, record,
			 inspection or other means which would warrant the Authority to refuse to grant
			 a registration; or
(c) For
			 operation of the tanning facility in a manner that causes or threatens to cause
			 hazard to the public health or safety; or
(d) For failure to allow authorized
			 representatives of the Authority to enter the tanning facility at reasonable
			 times for the purpose of determining compliance with the provisions of this
			 division, or an order of the Authority; or
(e) For violation of, or failure to observe
			 any of the terms and conditions of the rules in this division, or an order of
			 the Authority; or
(f) For failure
			 to properly dispose of used tanning lamps and thus allowing possible use in an
			 unauthorized or hazardous manner.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 119 - REGISTRATION OF TANNING FACILITIES › Section 333-119-0200 - Vendor Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person who sells, leases, transfers, or lends tanning devices in this state
			 shall notify the Authority of the following within 30 days after each sale or
			 installation:
(a) Name and address of persons
			 who have received these devices;
(b) The manufacturer model and serial numbers
			 of each device; and
(c) The date of
			 transfer.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 120 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 333-120-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division
			 establishes standards for protection against ionizing radiation resulting from
			 activities conducted under licenses and registrations issued by the Authority.
			 These rules are issued under ORS 453.605 to 453.807, and the State of Oregon's
			 agreement with the U.S. Nuclear Regulatory Commission.
(2) It is the purpose of the rules in this
			 division to control the receipt, possession, use, transfer, and disposal of
			 licensed radioactive material and sources of radiation 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 division.
			 However, nothing in this division shall be construed as limiting actions that
			 may be necessary to protect health and safety.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 120 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 333-120-0010 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
The rules in this division apply to persons licensed or
				registered by the Authority to receive, possess, use, transfer, or dispose of
				licensed radioactive material or registered devices. The limits in this
				division do not apply to doses due to background radiation, to exposure of
				patients to radiation for the purpose of medical diagnosis or therapy, or to
				voluntary participation in medical research programs.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 120 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 333-120-0015 - General Provisions: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Absorbed dose" means the energy imparted
			 by ionizing radiation per unit mass of irradiated material. The units of
			 absorbed dose are the gray (Gy) and the rad.
(2) "Activity" is the rate of disintegration
			 (transformation) or decay of radioactive material. The units of activity are
			 the becquerel (Bq) and the Curie (Ci). The becquerel is equal to one
			 disintegration per second (dps) and the Curie is equal to 3.7x1010
			 dps.
(3) "Accelerator produced
			 radioactive material" means any material made radioactive by a particle
			 accelerator.
(4) "Adult" means an
			 individual 18 or more years of age.
(5) "Airborne radioactive material" means
			 radioactive material dispersed in the air in the form of dusts, fumes,
			 particulates, mists, vapors, or gases.
(6) "Airborne radioactivity area" means a
			 room, enclosure, or area in which the airborne radioactive materials, composed
			 wholly or partly of licensed material, exist in concentrations:
(a) In excess of the derived air
			 concentrations (DACs) specified in
			  10 CFR
			 20  Appendix B; or
(b) To such a degree that an individual
			 present in the area without respiratory protective equipment could exceed,
			 during the hours present in a week, and intake of 0.6 percent of the annual
			 limit of intake (ALI) or 12 DAC hours.
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 120 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 333-120-0017 - Implementation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any existing
			 license or registration condition that is more restrictive than OAR 333-120
			 remains in force until there is an amendment or renewal of the license or
			 registration.
(2) If a license or
			 registration condition exempts a licensee or registrant from a provision of OAR
			 333-120 in effect on or before July 1, 2006, it also exempts the licensee or
			 registrant from the corresponding provision of OAR 333-120.
(3) If a license or registration condition
			 cites provisions of OAR 333-120 in effect prior to July 1, 2006, which do not
			 correspond to any provisions of OAR 333-120, the license or registration
			 condition remains in force until there is an amendment or renewal of the
			 license or registration that modifies or removes this condition.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807
Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 120 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 333-120-0020 - Radiation Protection Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each licensee or registrant must develop, document, and implement a radiation
			 protection program commensurate with the scope and extent of licensed or
			 registered activities and sufficient to ensure compliance with the provisions
			 of this division. (See OAR
			 333-120-0610  for record keeping requirements relating to these programs.)
(2) Each licensee or registrant must use, to
			 the extent practicable, procedures and engineering controls based upon sound
			 radiation protection principles to achieve occupational doses and doses to
			 members of the public that are as low as is reasonably achievable
			 (ALARA).
(3) Each licensee or
			 registrant must periodically (at least annually) review the radiation
			 protection program content and implementation.
(4) To implement the ALARA requirements of
			 section (2) of this rule, and notwithstanding the requirements in OAR
			 333-120-0180,
			 a constraint on air emissions of radioactive material to the environment,
			 excluding Radon-222 and its daughters, must be established by licensees such
			 that the individual member of the public likely to receive the highest dose
			 will not be expected to receive a total effective dose equivalent in excess of
			 ten mrem (0.1 mSv) per year from these emissions. If a licensee subject to this
			 requirement exceeds this dose constraint, the licensee must report the excess
			 as provided in OAR
			 333-120-0720  and promptly take appropriate corrective action to ensure against
			 recurrence.
Stat. Auth.: ORS 453.635
Stats. Implemented: ORS 453.605 -
				  453.807