Section 22-B6803. MEASURING, GAUGING, AND CONTROLLING DEVICES  


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    6803.1A general license shall be granted to own, receive, acquire, possess, and use radioactive material when the material is contained in devices 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 light or an ionized atmosphere, when the devices are manufactured in accordance with the specifications contained in a specific license or equivalent licensing document issued to the supplier pursuant to §6912 or its equivalent by the Director, the NRC, or any agreement, state, and authoring distribution under the general license of this section or its equivalent; Provided, that the devices meet the requirements of §§ 6803.2 and 6803.5.

     

    6803.2Each device shall be labeled in accordance with the provisions of the specific license or equivalent-licensing document that authorizes its distribution.

     

    6803.3Each device shall bear a label containing information as may be required by the Director.

     

    6803.4Each device shall be installed on the premises of the general licensee by a person authorized to install the device under a specific license or equivalent licensing document issued to the installer by the Director, the NRC, or any agreement state, if a label affixed to the device at the time of receipt states that installation by a specific licensee is required.

     

    6803.5The requirement of §6803.4 shall not apply while a device is held in storage in the original shipping container pending installation by a specific licensee.

     

    6803.6Each person who owns, receives, acquires, possesses, or uses a device pursuant to a general license issued under this section shall not transfer, abandon, or dispose of the device, except by transfer to a person duly authorized to receive the device by a specific license or equivalent licensing document issued by the Director, the AEC, or any agreement state.

     

    6803.7Each person who owns, receives, acquires, possesses, or uses a device pursuant to a general license issued under this section shall furnish to the Director, within thirty (30) days after any transfer, a report containing the following information:

     

    (a)The name of the manufacturer of the device;

     

    (b)The type of device;

     

    (c)The manufacturer's serial number of the device; and

     

    (d)The name and address of the person receiving the device.

     

    6803.8Each person who owns, receives, acquires, possesses, or uses a device pursuant to a general license issued under this section shall ensure that all labels affixed to the device at the time of receipt and bearing the statement, "REMOVAL OF THE THIS LABEL IS PROHIBITED," are maintained on the device and shall comply with all instructions contained in the label.

     

    6803.9Each person who owns, receives acquires, possesses, or uses a device pursuant to a general license issued under this section shall have the device tested for leakage of radioactive material and proper operation of the on-off mechanism and indicator, if any, at the time of installation of the device or replacement of the radioactive material on the premises of the general licensee.

     

    6803.10Each device shall be re-tested at no longer than six (6) month intervals, or at intervals not to exceed three (3) years as is specified in the label required by this section.

     

    6803.11Devices containing only krypton need not be tested for leakage, and devices containing only tritium need not be tested for any purpose.

     

    6803.12Each person who owns, receives, acquires, possesses, or uses a device pursuant to a general license issued under this section shall have the tests required by §6803.9 and all other services involving the radioactive materials, and its shielding and containment, performed by the supplier or other person duly authorized by a specific license or equivalent licensing document issued by the Director, the NRC, or any agreement state, to manufacture, install, or service the device.

     

    6803.13Each person who owns, receives, acquires, possesses, or uses a device pursuant to a general license issued under this section shall, within thirty (30) days after the occurrence of a failure of or damage to the shielding of the radioactive material, or the on-off mechanism or indicator, or upon the detection of five one-thousandths (0.005) of a microcurie or more of removable radioactive material, furnish to the Director a report containing the following information:

     

    (a)The name of the manufacturer of the device;

     

    (b)The type of device;

     

    (c)The manufacturer's serial number of the device; and

     

    (d)A brief description of the event and the remedial action taken.

     

    6803.14Each person who owns, receives, acquires, possesses, or uses a device pursuant to a general license issued under this section shall maintain records of all tests performed on the device as required under this section, including the dates and results of the tests and the names of the persons conducting the tests.

     

    6803.15Each person who owns, receives, acquires, possesses, or uses a device pursuant to a general license issued under this section shall, upon the occurrence of a failure of or damage to the shielding or containment of the radioactive material, of the on-off mechanism or indicator, immediately suspend operation of the device until it has been repaired by a person holding a specific license or equivalent licensing document issued by the Director, the NRC, or any agreement state to receive the radioactive material contained in the device.

     

    6803.16Each person who owns, receives, acquires, possesses, or uses a device pursuant to a general license issued under this section shall, within ten (10) days after the receipt of the device, notify the director of the type of device and the name and address of the supplier.

     

source

Regulation No. 70-33 (July 10, 1970), 17 DCR 39 (July 27, 1970); 6A DCRR §8-2:1018(c); as amended by Final Rulemaking published at 53 DCR 3721 (May 5, 2006).