WSR 13-17-040
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed August 13, 2013, 9:37 a.m., effective September 13, 2013]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Chapter 246-224 WAC, during the 2011 legislative session, SHB 2017 (chapter 298, Laws of 2011) transferred the master license service program from the department of licensing to the department of revenue. For consistency with the statute, references to the department of licensing were changed to the department of revenue for the master license service program, and name, address, and URL references in chapter 246-224 WAC were updated.
Citation of Existing Rules Affected by this Order: Amending WAC 246-224-0010, 246-224-0050, 246-224-0070, 246-224-0080, and 246-224-0090.
Statutory Authority for Adoption: RCW 70.98.050.
Other Authority: RCW 70.98.080 and chapter 19.02 RCW.
Adopted under notice filed as WSR 13-11-019 on May 7, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 5, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.
Date Adopted: August 9, 2013.
John Wiesman, DrPH, MPH
Secretary
AMENDATORY SECTION (Amending WSR 08-09-079, filed 4/16/08, effective 5/17/08)
WAC 246-224-0010 Definitions.
(1) "Agent" means a person, company, or dealer; which assembles, installs, repairs, sells, or leases X-ray machines.
(2) "Application" means, for the purpose of this chapter, the ((master)) business license application or business license renewal application and appropriate addenda used by the ((master license service)) BLS of the department of ((licensing (DOL))) revenue.
(3) "BLS" means the department of revenue's business licensing service.
(4) "Department" means the department of health.
(("DOL" means the department of licensing.))
(5) "Facility" means all buildings, structures, and operations on one contiguous site or identified by one physical location address designation at which one or more radiation machines are installed, manufactured, tested, or used.
(6) "FDA" means the United States Food and Drug Administration.
(("MLS" means the department of licensing's master license service.))
(7) "Radiation" means, for the purposes of this chapter, ionizing radiation, including X-ray, electron beam, and other machine produced particulate radiation.
(8) "Radiation machine" means, for purposes of this chapter, a device that, when operated, produces X-ray or electron radiation, in a prescribed manner, with defined characteristics, techniques, or parameters. It does not include devices with radioactive material as the only source of radiation.
(9) "Registrant" means the owner or controller of the radiation machine who is responsible for the safe operation of the radiation machine.
(10) "Registration" means providing required information and continuing contact with the department by any person possessing a radiation machine in accordance with regulations adopted by the department.
(11) "Storage" means the status of a radiation machine that is approved by the department as being unable to produce radiation without substantial effort at set-up, reassembly, or reinstallation. For facilities with a radiation control authority, (((e.g.,)) for example radiation safety office) a locking or disabling procedure may serve to provide this status.
AMENDATORY SECTION (Amending WSR 08-09-079, filed 4/16/08, effective 5/17/08)
WAC 246-224-0050 When and how do I register?
(1) You must register with the department through submission of a ((master)) business license application and appropriate addendum used by ((MLS)) BLS no later than fifteen calendar days of initial use unless shielding plans review is required.
(2) Facilities requiring shielding plan review must register with ((DOL)) BLS and submit plans to the department for review prior to construction or installation of radiation machines according to WAC 246-225-030, General requirements—Plan review.
(3) Registration is valid for one year from the department approval date, or any other date as may be determined through partnership with ((MLS)) BLS.
(4) Pay applicable registration fees according to WAC 246-254-053, Radiation machine facility registration fees.
(5) Submit registration information and applicable fees to ((MLS)) BLS in accordance with their instructions.
Note:
For ((DOL)) BLS information, visit the following web site:
 
((http://www.dol.wa.gov/business/xray.htm.)) www.bls.dor.wa.gov.
AMENDATORY SECTION (Amending WSR 08-09-079, filed 4/16/08, effective 5/17/08)
WAC 246-224-0070 When and how do I report changes to my registration?
(1) You must notify ((DOL)) BLS within thirty days of any change to your registration information.
(2) Submit registration changes to:
Department of ((Licensing)) Revenue
((Master License)) Business Licensing Service
P.O. Box ((49034)) 9034
Olympia, WA ((98504)) 98507-9034
((360-664-1400 or fax 360-570-7875))
Phone: 800-451-7985
Fax: 360-705-6699
E-mail: BLS@dor.wa.gov
Note:
For office of radiation protection information, visit the following web site:
 
((http://www.doh.wa.gov/ehp/rp/Default.htm.)) www.doh.wa.gov.
 
For ((department of licensing)) BLS information, visit the following web site:
 
((http://www.dol.wa.gov/business/xray.htm.)) www.bls.dor.wa.gov.
AMENDATORY SECTION (Amending WSR 08-09-079, filed 4/16/08, effective 5/17/08)
WAC 246-224-0080 When and how do I renew my registration?
(1) You will receive registration renewal notices from ((DOL)) BLS.
(2) You must submit renewal information and the applicable fees to ((DOL)) the department of revenue as specified by ((MLS)) BLS.
(3) If you do not receive a renewal notice, contact ((DOL)) BLS.
AMENDATORY SECTION (Amending WSR 08-09-079, filed 4/16/08, effective 5/17/08)
WAC 246-224-0090 What are my obligations if I close my facility or get rid of a machine?
(1) You must notify the department or ((DOL)) BLS of the machine status within thirty days of closure or removal.
(2) If the machine is disposed of or transferred within Washington state, you must provide the department the following:
(a) The name and contact information of the recipient;
(b) The address of the recipient; and
(c) The date of the disposal or transfer.
(3) If the machine is to be placed in storage and retained, contact the department for approval.