Ohio Admin. Code 3701:1-40-13 - Gas and aerosol detectors containing radioactive material
(A) Except for
persons who manufacture, process, produce, or initially transfer for sale or
distribution gas and aerosol detectors containing radioactive material, a
person is exempt from license requirements set forth in this chapter or
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 person receives, possesses,
uses, transfers, owns, or acquires radioactive material, in gas and aerosol
detectors designed to protect health, safety, or
property from, and manufactured, processed,
produced, or initially transferred in accordance with a specific license for
manufacture and distribution issued pursuant to
10
C.F.R. 32.26
, as
published in the January 1, 2010, Code of Federal Regulations
(as in effect on the effective date of this
rule) . This exemption also covers gas and aerosol detectors manufactured
or distributed before November 30, 2007, in accordance with a specific license
issued by a state under comparable provisions to
10
C.F.R. 32.26
, as
published in the January 1, 2013, Code of Federal Regulations,
authorizing distribution to persons exempt from regulatory
requirements.
(B) A person who
desires to manufacture, process, or produce gas and aerosol detectors
containing radioactive material, or to initially transfer such products for use
pursuant to paragraph (A) of this rule, shall apply for a specific license for
manufacture and distribution pursuant to 10 C.F.R.
32.26, as published in the January 1, 2013, Code of Federal
Regulations
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: 3748.04
Rule Amplifies: 3748.04, 3748.06, 3748.07
Prior Effective Dates: 07/22/2001, 08/15/2005, 10/04/2010, 01/01/2012, 06/25/2015
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