Ohio Admin. Code 3701:1-40-10 - Certain industrial devices
(A) Except for persons who manufacture,
process, produce, or initially transfer for sale or distribution industrial
devices containing radioactive material 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 an ionized atmosphere, any person is
exempt from the requirements for a license set forth in Chapters 3701:1-38,
3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 of the Administrative
Code to the extent that such a person receives, possesses, uses, transfers,
owns, or acquires radioactive material, in these certain detecting, measuring,
gauging, or controlling devices and certain devices for producing an ionized
atmosphere, and manufactured, processed, produced, or initially transferred in
accordance with a specific license issued under
10 C.F.R.
32.30
, as
published in the January 1, 2013, Code of
Federal Regulations
(as in effect on the
effective date of this rule) which license authorizes the initial
transfer of the device for use under this section. This exemption does not
cover sources not incorporated into a device, such as calibration and reference
sources.
(B) Any person who desires
to manufacture, process, produce, initially transfer for sale or distribution
industrial devices containing radioactive material for use under paragraph (A)
of this rule, shall apply for a specific license issued by the United States
nuclear regulatory commission and for a certificate of registration in
accordance with rule
3701:1-46-49
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04, 3748.07
Prior Effective Dates: 06/25/2015
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