WSR 05-21-125



[ Filed October 19, 2005, 8:55 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-254-053 Radiation machine facility registration fees, the department proposes the annual revision of the X-ray fee schedule for the X-ray control program in order cover anticipated increases in program costs.

Hearing Location(s): Department of Health, 311 Israel Road, Conference Room 152, Tumwater, WA (next to United States Post Office Building), on November 22, 2005, at 10:00 a.m.

Date of Intended Adoption: November 30, 2005.

Submit Written Comments to: Ellen G. Haars, P.O. Box 47827, Department of Health, Olympia, WA 98504-7827, e-mail [web site], fax (360) 236-2266, by November 22, 2005.

Assistance for Persons with Disabilities: Contact Kelly Cooper by November 15, 2005, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal increases fees for radiation machine facilities. The fees are found in WAC 246-254-053. Fees support the public health activities of the department's radiation protection program and need to be adjusted to cover increased program costs such as charges from other state agencies for services they provide, the need to update our data system and legislatively mandated salary increases are primary reasons for the fee increase.

Reasons Supporting Proposal: State law requires the programs that are fee funded to fully cover their costs through the payment of fees by the users.

Statutory Authority for Adoption: RCW 70.98.080, 43.20B.020, 43.70.110, and 43.70.250.

Statute Being Implemented: RCW 70.98.080, 43.20B.020, 43.70.110, and 43.70.250.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ellen Haars, TC2, 111 Israel Road, Tumwater, WA, (360) 236-3237.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is exempt from a small business economic impact statement under RCW 19.85.025(3) and 34.05.310 (4)(f), because the rule adjusts fees pursuant to legislative standards.

A cost-benefit analysis is not required under RCW 34.05.328. Rules that set or adjust fees pursuant to legislative standards are exempt from the analysis required in RCW 34.05.328 (5)(b)(vi).

October 18, 2005

Mary C. Selecky



AMENDATORY SECTION(Amending WSR 04-12-125, filed 6/2/04, effective 7/3/04)

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.

(a) Annual Base Registration Fee $((50)) 68
(b) Late registration or re-registration $((50)) 68
(c) Tube Fees See Table 1


Radiation Tube Fees

Group First


Each Additional Tube
(i) Group A:

Dental, Podiatric, Veterinary, Bone Densitometers 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


(2) X-ray shielding fees.

(a) Facilities regulated under the shielding plan requirements of WAC 246-225-030 or 246-227-150 are subject to a $((94)) 255 X-ray shielding review fee for each X-ray room plan submitted. A registrant may request an expedited plan review for an additional $500 for each X-ray room plan. Expedited plan means the department will complete the plan review within two business days of receiving all required information from the registrant.

(b) If a facility regulated under WAC 246-225-030 or 246-227-150 operates without submittal and departmental approval of X-ray shielding calculations and a floor plan it will be subject to a shielding design follow-up fee of $((50)) 1,000.

(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 $((3,290)) 4,441.

(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 if the geographical location (parcel number) is the same.

(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.

(6) A facility's annual registration fee is valid for a specific geographical location and person only. It is not transferable to another geographical location or owner or user.

[Statutory Authority: RCW 43.70.250. 04-12-125, 246-254-053, filed 6/2/04, effective 7/3/04. Statutory Authority: RCW 43.70.250 and 43.70.110. 03-13-122, 246-254-053, filed 6/18/03, effective 7/19/03. Statutory Authority: RCW 43.70.250 and 2001 2nd sp.s. c 7 220. 02-07-085, 246-254-053, filed 3/19/02, effective 4/19/02. 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.]

Washington State Code Reviser's Office