Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 122.000 - Nonionizing Radiation Limits For: The General Public From Non-occupational Exposure To Electromagnetic Fields, Employees From Occupational Exposure To Electro-magnetic Fields, And Exposure From Microwave Ovens
Section 122.021 - Notification and Approval of Fixed Facilities

Universal Citation: 105 MA Code of Regs 105.122

Current through Register 1531, September 27, 2024

(A) After 10/31/97, no radiofrequency site or facility shall be installed, or put into operation, without the approval of the Director (except amateur intermittent single source emitters of less than 1 kW average output). Furthermore, there will be no modifications to existing sites or facilities, which would cause an increase in the radiofrequency emission exposure levels to the general public, without the approval of the Director (except amateur intermittent single source emitters of less than 1 kW average output if such a change results in an average output of less than 1 kW). Radiofrequency sites and facilities in existence prior to 10/31/97 are subject to the exposure limits set forth in 105 CMR 122.015 and any other portion of 105 CMR 122.000 should the Director determine that the operation of such a facility compromises the purpose of 105 CMR 122.000 as stated in 105 CMR 122.001. The following is required to obtain such approval:

(1) Name and address of owner of the facility on which the transmitter and/or antenna is located;

1 These are average values over any 0.5 hour period. See 105 CMR 122290: Appendix A. This table does not apply to microwave ovens, refer to 105 CMR 122.040.

2 See 105 CMR 122.290: Appendix A for calculation of equivalent plane wave free space power density in the non far field region

(2) Name and address of owner of transmitter and/or antenna, including FCC assigned call letters;

(3) Location of transmitter (latitude, longitude and local address);

(4) Location of antenna (latitude, longitude and local address);

(5) Output frequency of transmitter;

(6)* Type of modulation and class of service;

(7)* Power output of transmitter (average and peak);

(8)* Power input to antenna;

(9)* Manufacturer, type, manufacturer's model number of antenna;

(10)* Gain of antenna and antenna radiation pattern;

(11)* Polarization of radiation from antenna;

(12) Height of antenna above ground;

(13) Horizontal and radial distance of antenna to nearest point on property line;

(14) Horizontal and radial distance of antenna to nearest habitable space regularly occupied by the public;

(15) Date of installation of present transmitter, and date of installation of the associated antenna, date of installation of the structure, if any, on which the antenna is located; and,

(16) Predicted levels of RF radiation at locations specified in 105 CMR 122.290: Appendix A using standard practice prediction methods described to and acceptable to the Director.

(B) Should the Director deem measurements to be necessary to assure compliance with 105 CMR 122.015(A), such measurements of the environment existing prior to the installation, for which approval is sought, shall be taken as specified in 105 CMR 122.290: Appendix A or by another measurement procedure acceptable to the Director.

(C) Installation and operation of temporary facilities for periods not to exceed 30 days shall be allowed without prior approval provided the following provisions are met:

(1) the operation of the facility does not result in an exceedance of non-occupational exposure limits as established in 105 CMR 122.015;

(2) the individual responsible for the operation of that facility notifies the Director, as provided for in 105 CMR 122.021(A) within seven days from the start of the installation of the facility; and

(3) the temporary facility's installation and operation is necessitated by circumstances beyond the control of the individual responsible for the installation and operation of the temporary facility.

(D) All non-amateur intermittent single source emitters of less than 1 kW average input RF power are exempt from compliance with 105 CMR 122.021(B) but shall comply with 105 CMR 122.021(A)(1) through (15) and either 105 CMR 122.021(A)(16) or 105 CMR 122.291 Appendix B for the purposes of notification of the installation of a new source or modification of an existing source.

(E) Approval to install and operate the fixed site or facility will be granted if the applicable provisions of 105 CMR 122.021 have been met, provided that the measured levels and/or the predicted increase in levels due to the addition of the RF source at any location specified in 105 CMR 122.290: Appendix A do not exceed a of the maximum levels as specified in 105 CMR 122.015(A). If such measured levels and/or the predicted increase in levels exceed one-third of the maximum levels as specified in 105 CMR 122.015(A) then conditional approval to construct shall be granted. Final approval to maintain shall be granted should the results of measurements made after the new source is installed show that the maximum levels of 105 CMR 122.015(A) are not exceeded. Such measurements should be made as specified in 105 CMR 122.021(E)(1) through (3):

* Effective Radiated Power and antenna radiation pattern of facility may be substituted for 105 CMR 122.021(A)(6) through (11). A copy of the FCC construction permit application or license application may be substituted for 105 CMR 122.021(A)(1) through (15), provided that the information specified in 105 CMR 122.021(A)(1) through (15) is contained in such a document.

(1) The measured average levels at the three points specified in 105 CMR 122.290: Appendix A after installation of the new machine, including both the background and the new source;

(2) The measured levels at the boundaries of other sources at which the new source may cause a detectable increase in level; and,

(3) The measured level at the predicted point of maximum radiation off of the property on which the new source is located caused by the new machine along with the measured background at this point. This measurement shall meet the requirements of 105 CMR 122.290: Appendix A.

If the levels exceed the maximum level of 105 CMR 122.015(A), final approval will be denied unless an exemption has been granted.

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