Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF HEALTH SERVICES
CHAPTER DHS 157. RADIATION PROTECTION
SUBCHAPTER II -- LICENSING OF RADIOACTIVE MATERIAL
Date:
08/31/2009
Document:
DHS 157.14 Reciprocity.
(1) RECOGNITION OF LICENSES ISSUED BY THE NRC OR OTHER STATES. The department shall reciprocally recognize radioactive material licenses issued by the NRC or a state agency in another state under the conditions set forth in this section.
(2) LICENSES OF BYPRODUCT, SOURCE AND SPECIAL NUCLEAR MATERIAL IN QUANTITIES NOT SUFFICIENT TO FORM A CRITICAL MASS. (a) Subject to this chapter, any person who holds a specific license from the NRC or another agreement state, and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is granted a general license to conduct the activities authorized in such licensing document within this state for a period not in excess of 180 days in any year provided that all of the following occur:
1. The licensing document does not limit the activity authorized by the document to specified installations or locations.
2. The out-of-state licensee notifies the department in writing at least 3 days prior to engaging in the activity. The notification shall indicate the exact location of use, start date, time period, names, documentation of training, in-state address of the individual performing the activity, radiation sources to be used within the state, operating and emergency procedures and shall be accompanied by a copy of the pertinent licensing document. The out-of-state licensee shall also notify the department of any changes in the work location, schedule, radioactive material or work activities. If, for a specific case, the 3-day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon written application to the department, obtain permission to proceed sooner. The department may waive the requirement for filing additional written notifications during the remainder of the year following the receipt of the initial notification from a person engaging in activities under the general license granted under this paragraph.
Note: The form may be obtained by writing the department at: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison WI 53701-2659; or by downloading from the department website at: http://dhs.wisconsin.gov/dph_beh/RadiatioP/Index.htm.
3. The out-of-state licensee complies with this chapter and with all the terms and conditions of the licensing document, except any terms and conditions that may be inconsistent with this chapter.
4. The out-of-state licensee supplies any other information as required by the department.
5. The out-of-state licensee does not transfer or dispose of radioactive material possessed or used under the general license granted under this paragraph except by transfer to a person who is either specifically licensed by the department, the NRC or another agreement state to receive the material, or is exempt from the requirements for a license for the material under s. DHS 157.09 (2) (a).
6. The out-of-state licensee pays the fee prescribed in s. DHS 157.10 (3).
(b) Any person who holds a specific license issued by the NRC or another agreement state authorizing the holder to manufacture, transfer, install or service a device described in s. DHS 157.11 (2) (b) within areas subject to the jurisdiction of the licensing body is granted a general license to install, transfer, demonstrate or service the device in this state provided that all of the following occur:
1. The person files a report with the department within 30 days after the end of each calendar quarter in which any device is transferred to or installed in this state. Each report shall identify each general licensee to whom the device is transferred by name and address, the type and model number of device transferred and the quantity and type of radioactive material contained in the device.
2. The device has been manufactured, labeled, installed and serviced under applicable provisions of the specific license issued to the person by the NRC or an agreement state.
3. The person provides assurance that any labels required to be affixed to the device under regulations of the authority that licensed manufacture of the device bear the following statement: "Removal of this label is prohibited."
4. The holder of the specific license furnishes to each general licensee to whom the device is transferred or on whose premises the device is installed a copy of the general license contained in s. DHS 157.11 (2) (b) or in equivalent regulations of the agency having jurisdiction over the manufacture and distribution of the device.
(c) The department may withdraw, limit or qualify its acceptance of any specific license or equivalent licensing document issued by the NRC or an agreement state or any product distributed under the licensing document upon determining that the action is necessary to prevent undue hazard to public health and safety or property.
(3) LICENSES OF NARM. (a) Subject to this chapter, any person who holds a specific license for NARM from a licensing state, and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is granted a general license to conduct the activities authorized within this state for a period not in excess of 180 days in any year provided that all of the following occur:
1. The licensing document does not limit the authorized activity to specified installations or locations.
2. The out-of-state licensee notifies the department in writing at least 3 days prior to engaging in such activity. The notification shall indicate the location, period and type of proposed possession and use within the state and shall be accompanied by a copy of the pertinent licensing document. If, for a specific situation, the 3-day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon written application to the department, obtain permission to proceed sooner.
Note: The department may waive the 3-day notification requirement when the activities of the out-of-state licensee are routinely scheduled at the same location in the state.
3. The out-of-state licensee complies with this chapter and with all the terms and conditions of the licensing document except any terms and conditions that may be inconsistent with this chapter.
4. The out-of-state licensee supplies any other information as required by the department.
5. The out-of-state licensee does not transfer or dispose of radioactive material possessed or used under the general license granted in this paragraph except by transfer to a person who is either specifically licensed by the department or by another licensing state to receive radioactive material, or exempt from the requirements for a license for radioactive material under s. DHS 157.09 (1).
6. The out-of-state licensee pays the fee prescribed in s. DHS 157.10 (3).
(b) Notwithstanding the provisions of par. (a), any person who holds a specific license issued by a licensing state authorizing the holder to manufacture, transfer, install or service a device described in s. DHS 157.11 (2) (b) within areas subject to the jurisdiction of the licensing body is granted a general license to install, transfer, demonstrate or service the device in this state provided that all of the following conditions are met:
1. The person files a report with the department within 30 days after the end of each calendar quarter in which any device is transferred to or installed in this state. Each report shall identify each general licensee to whom the device is transferred by name and address, the type of device transferred and the quantity and type of radioactive material contained in the device.
2. The device has been manufactured, labeled, installed and serviced under applicable provisions of the specific license issued to the person by a licensing state.
3. The person assures that any labels required to be affixed to the device under regulations of the authority that licensed manufacture of the device bears the following statement: "Removal of this label is prohibited."
4. The holder of the specific license furnishes to each general licensee to whom the holder transfers the device or on whose premises the holder installs the device a copy of the general license contained in s. DHS 157.11 (2) (b) or in equivalent regulations of the agency having jurisdiction over the manufacture and distribution of the device.
(c) The department may withdraw, limit or qualify its acceptance of any specific license or equivalent licensing document issued by a licensing state or any product distributed under the licensing document upon determining that the action is necessary to prevent undue hazard to public health and safety or property.
(4) JURISDICTIONAL STATUS. (a) A licensee shall determine the jurisdictional status of a temporary job-site before radioactive materials may be used at a job site at any federal facility within the state. If the jurisdictional status is unknown, the licensee shall contact the federal agency that controls the site to determine if the job site is under exclusive federal jurisdiction.
(b) A licensee shall obtain authorization from another agreement state or the NRC before radioactive material may be used at a temporary job site in another state. Authorization may be obtained either by applying for reciprocity or a specific license from that state or the NRC.
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