PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 246-254-053 Radiation machine facility registration fees.
Purpose: The department proposes to revise the fee schedule for the X-ray compliance program in order to address increased program costs.
Other Identifying Information: The department is authorized under section 220, chapter 7, Laws of 2001 2nd sp.s. to increase fees for X-ray compliance in excess of the I-601 fiscal growth factor.
Statutory Authority for Adoption: RCW 43.70.250.
Statute Being Implemented: RCW 43.70.250, section 220, chapter 7, Laws of 2001 2nd sp.s.
Summary: Fees support the public health activities in the radiation protection program and need to be adjusted to compensate for the inflationary costs of administering the program.
Reasons Supporting Proposal: Fee adjustments are necessary to guarantee sufficient revenue to fulfill the department's public health protection obligations.
Name of Agency Personnel Responsible for Drafting: Kelly Cooper, Tumwater, (360) 236-3012; Implementation and Enforcement: Mike Odlaug, Tumwater, (360) 236-3237.
Name of Proponent: [Department of Health], governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposal increases the various fees in WAC 246-254-053 between 3.7% and 6.4%. Some examples follow:
| Current | Proposed | |||
| Annual Registration Fee | 46 | 48 | ||
| Group A Tube Fees | 47 | 49 | ||
| Group B Tube Fees | 130 | 135 | ||
| Group C Tube Fees | 72 | 75 | ||
Proposal Changes the Following Existing Rules: X-ray fees are increase as noted above. The penalty for operating without registration is deleted.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of the Regulatory Fairness Act.
RCW 34.05.328 does not apply to this rule adoption. Rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of RCW 34.05.328.
Hearing Location: Department of Health, Conference Center, Room 6, 1101 South Eastside Street, Olympia, WA 98504, on March 12, 2002, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Jan Haywood by February 19, 2002, TDD (800) 833-6388.
Submit Written Comments to: Mike Odlaug, P.O. Box 47827, Olympia, WA 98504-7827, e-mail mike.odlaug@doh.wa.gov, fax (360) 236-2250, by March 12, 2002.
Date of Intended Adoption: March 15, 2002.
Mary C. Selecky
Secretary
OTS-5303.3
AMENDATORY SECTION(Amending WSR 01-14-048, filed 6/29/01,
effective 7/30/01)
WAC 246-254-053
Radiation machine facility registration
fees.
(1) Radiation machine facility fees apply to each person
or facility owning, leasing and using radiation-producing
machines.
| FEE TYPE | FEE |
| (a) Annual Base Registration Fee | $(( |
| (b) Late registration or re-registration | $(( |
| (( |
|
| See Table 1 |
| TABLE 1
|
||
| Group | First Tube | Each Additional Tube |
| (i) Group A: Dental, Podiatric, Veterinary uses |
$(( |
$(( |
| (ii) Group B: Hospital, Medical, Chiropractic uses |
$(( |
$(( |
| (iii) Group C: Industrial, research, and other uses |
$(( |
$(( |
| (iv) Group D: Electron Microscopes,
Mammographic X-ray Machines(( |
NA | NA |
(a) Facilities regulated under the shielding plan requirements of WAC 246-225-030 or 246-227-150 are subject to a $90 X-ray shielding review fee for each X-ray room plan submitted.
(b) If a facility regulated under WAC 246-225-030 or
246-227-150 operates without submittal of X-ray shielding
calculations ((or)) and a floor plan ((review)) it will be
subject to a shielding design follow-up fee of $((46 penalty))
48.
(3) Radiation safety fee. If a facility or group of
facilities under one administrative control employs two or more
full-time individuals whose positions are entirely devoted to
in-house radiation safety, the facility shall pay a flat, annual
fee of $((2,980)) 3,100.
(4) Consolidation of registration. Facilities may consolidate X-ray machine registrations into a single registration after notifying the department in writing and documenting that a single business license applies.
(5) Inspection fees.
(a) The cost of routine, periodic inspections, including the initial inspection, are covered under the base fee and tube registration fees as described in subsection (1) of this section.
(b) Facilities requiring follow-up inspections due to uncorrected noncompliances must pay an inspection follow-up fee of $90.
[Statutory Authority: RCW 43.70.110. 01-14-048, § 246-254-053, filed 6/29/01, effective 7/30/01; 99-13-085, § 246-254-053, filed 6/14/99, effective 7/15/99; 98-11-066, § 246-254-053, filed 5/19/98, effective 7/1/98. Statutory Authority: RCW 43.70.110, 43.70.250 and chapter 70.98 RCW. 98-01-047, § 246-254-053, filed 12/8/97, effective 1/8/98; 96-11-043, § 246-254-053, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-053, filed 5/25/95, effective 6/25/95; 94-11-010, § 246-254-053, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-053, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-053, filed 10/29/91, effective 11/29/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-254-053, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20B.110. 89-16-064 (Order 2839), § 440-44-050, filed 7/31/89, effective 8/31/89. Statutory Authority: RCW 43.20A.055. 86-08-054 (Order 2359), § 440-44-050, filed 3/28/86. Statutory Authority: Chapter 70.98 RCW and 1985 c 383. 85-20-021 (Order 2283), § 440-44-050, filed 9/23/85. Statutory Authority: RCW 43.20A.055. 85-13-007 (Order 2238), § 440-44-050, filed 6/7/85; 83-12-058 (Order 1965), § 440-44-050, filed 6/1/83. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), § 440-44-050, filed 6/4/82.]