Nevada Administrative Code
Chapter 459 - Hazardous Materials
RADIATION CONTROL
Licensing of Radioactive Material
Section 459.218 - Duties and restrictions regarding certain detecting, measuring, gauging or controlling devices and devices for producing light or ionized atmosphere
Current through December 31, 2024
Any person who owns, receives, acquires, possesses, uses or transfers radioactive material in a device pursuant to the general license specified in subsection 1 of NAC 459.216:
1. Shall ensure that all labels affixed to the device at the time of receipt, and bearing a statement that removal of the label is prohibited, are maintained thereon and comply with all instructions and precautions provided by the labels.
2. Shall ensure that the device is tested for leakage of radioactive material and proper operation of the on-and-off mechanism and indicator, if any, and that such tests are conducted at no longer than 6-month intervals or at such other intervals as are specified in the label, except that:
3. Shall ensure that the tests required by subsection 2 and other testing, installation, servicing and removal from installation, involving the radioactive materials, its shielding or containment, are performed and recorded:
4. Shall maintain records showing compliance with the requirements of subsections 2 and 3. The records must show the results of tests. The records also must show the dates of performance of, and the names of persons performing, testing, installing, servicing and removal from installation concerning the radioactive material, its shielding or containment. Records of tests for leakage of radioactive material required by subsection 2 must be retained for 3 years after the next required leak test is performed or until the sealed source is transferred or disposed of. Records of tests of the on-and-off mechanism and indicator required by subsection 2 must be retained for 3 years after the next required test of the on-and-off mechanism and indicator is performed or until the sealed source is transferred or disposed of. Records which are required by subsection 3 must be retained for 3 years from the date of the recorded event or until the device is transferred or disposed of.
5. Upon the occurrence of a failure of or damage to, or any indication of a possible failure of or damage to, the shielding of the radioactive material or the on-and-off mechanism or indicator, or upon the detection of 0.005 microcurie (185 becquerels) or more of removable radioactive material:
6. Shall not abandon the device containing radioactive material.
7. Shall not export the device containing the by-product material except in accordance with 10 C.F.R. § 110.
8. Except as otherwise provided in subsection 9, may transfer or dispose of the device containing radioactive material only by export, as provided in subsection 7, or by transfer to a specific licensee of the Division, the Nuclear Regulatory Commission or an agreement state whose specific license authorizes him or her to receive the device or whose license authorizes waste collection. Within 30 days after transfer of a device to a specific licensee, or export, as provided in subsection 7, the person shall furnish to the Division a report containing identification of the device by the manufacturer's or initial transferor's name, the model number and serial number of the device transferred, the name, address and license number of the person receiving the device and the date of the transfer. A transferor shall not transfer the device to any specific licensee not described in this subsection without first obtaining written approval of the transfer from the Division, except that a holder of a specific license may transfer a device for possession and use pursuant to the holder's specific license without prior approval if the holder:
9. May transfer the device to another general licensee only:
10. Shall comply with the provisions of NAC 459.369 and 459.3695 for reporting radiation incidents, theft or loss of licensed material, but is exempt from the other requirements of NAC 459.320 to 459.374, inclusive, and 459.780 to 459.794, inclusive.
11. Except as otherwise provided in this subsection, shall respond to written requests from the Division to provide information relating to the general license within 30 calendar days after the date of the request or within the time specified in the request. If the general licensee cannot provide the requested information within the allotted time, the licensee shall, within the allotted time, request in writing additional time to comply with the request from the Division pursuant to the provisions of NAC 459.134.
12. Shall appoint a person responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to comply with those regulations and requirements. The general licensee, through the person appointed pursuant to this subsection, shall ensure daily compliance with all applicable regulations and requirements. The provisions of this subsection do not relieve the licensee of any responsibility or obligation under this chapter or chapter 459 of NRS.
13. Except for a person who holds a general license issued by the Nuclear Regulatory Commission or an agreement state and who uses a device described in paragraph (a) in areas subject to the jurisdiction of the Division for a period of less than 180 days in any calendar year, pursuant to the provisions of NAC 459.210, shall:
14. Shall report to the Division any change to the mailing address for a location of use, including any change in the name of the general licensee, within 30 days after the effective date of the change. For a portable device, the general licensee is required to report only a change in the address of the primary place of storage of the portable device.
15. Shall not hold a device that is not in use for more than 2 years, except that a device that is kept in standby for future use is excluded from the 2-year time limit if the general licensee performs physical inventories of those devices held in standby on a quarterly basis. If a device with shutters is not being used, the shutters must be locked in the closed position. If a device is put back into service or is transferred to another person and was not tested during the required test interval, the device must be tested for leakage before use or transfer and the shutter must be tested before use. The Division may determine the eligibility for release for unrestricted use of such a device in accordance with the provisions of NAC 459.3178.
Bd. of Health, Radiation Control Reg. §§ 3.4.2.2.3-3.4.2.2.3.9, eff. 2-28-80-NAC A 9-6-88; 1-18-94; R085-06, 11-13-2006; R185-08, 5-7-2010
NRS 459.201