Chapter DHS 157

DHS 157.89   Inspection requirements.

Subchapter XII — Enforcement

DHS 157.90   Violation and penalty criteria.

DHS 157.91   Notices, orders, reviews and appeals.

Subchapter XIII — Transportation

DHS 157.92   General regulatory provisions.

DHS 157.93   General licenses.

DHS 157.94   Operating controls and procedures.

Subchapter XIV — Radioactivity in Community Water Systems

DHS 157.95   Exemptions.

DHS 157.96   Requirements.

Subchapter XV — Physical Protections of Category 1 and Category 2 Quantities of Radioactive Material

DHS 157.9700   Personnel access authorization.

DHS 157.9701   Access authorization program.

DHS 157.9702   Background investigations.

DHS 157.9703   Criminal history records checks of individuals granted unescorted access.

DHS 157.9704   Relief from fingerprinting, identification, and criminal history records checks and other elements of background investigation.

DHS 157.9705   Protection of information.

DHS 157.9706   Access authorization program review.

DHS 157.9707   Security program.

DHS 157.9708   General security program requirements.

DHS 157.9709   LLEA coordination.

DHS 157.9710   Security zones.

DHS 157.9711   Monitoring, detection, assessment, communication, and response.

DHS 157.9712   Maintenance and testing.

DHS 157.9713   Requirements for mobile devices.

DHS 157.9714   Security program review.

DHS 157.9715   Reporting events.

DHS 157.9716   Additional requirements for transfer of category 1 and category 2 quantities of radioactive material.

DHS 157.9717   Transit.

DHS 157.9718   Preplanning and coordination of shipments.

DHS 157.9719   Advance notification of shipment.

DHS 157.9720   Physical protection during shipment.

DHS 157.9721   Reporting of events during shipping.

DHS 157.9722   Record requirements for the physical protection of Category 1 and 2 quantities of radioactive material.

Ch. DHS 157 Note Note: Chapter HSS 157 as it existed on July 31, 2002 was repealed and a new chapter HFS 157 was created effective August 1, 2002, except subchapters II, VI and VII will go into effect 30 days after signature by the Governor of an agreement transferring regulatory authority to the state. Chapter HFS 157 was renumbered chapter DHS 157 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

subch. I of ch. DHS 157 Subchapter I — General Provisions

DHS 157.01 DHS 157.01 Authority and purpose.

DHS 157.01(1) (1) This chapter is promulgated under the authority of ss. 254.31 to 254.45, Stats. to regulate the receipt, use, transfer, possession, ownership or acquisition of any source of radiation. The standards in this chapter generally conform to nationally accepted standards for protection against the harmful effects of ionizing radiation. The publications referenced in this chapter are available for inspection at the department, the secretary of state’s office, the legislative reference bureau and at the respective federal agency or organization website.

DHS 157.01(2) (2) Subchapter I establishes the definitions used in this chapter, prohibitions and general regulatory requirements.

DHS 157.01(3) (3) Subchapter II establishes requirements for the licensing of radioactive material, license fee schedules, registration requirements for certain types of devices purchased under a general license and reciprocity requirements.

DHS 157.01(4) (4) Subchapter III establishes standards for protection against ionizing radiation resulting from activities conducted under a license or registration issued by the department. The requirements of subch. III are designed to control the receipt, possession, use, transfer and disposal of sources of radiation by any licensee or registrant so that the total dose to an individual, including doses resulting from all sources of radiation other than background radiation, does not exceed the standards for protection against radiation prescribed in subch. III. However, nothing in subch. III limits actions the department may take to protect health and safety in an emergency.

DHS 157.01(5) (5) Subchapter IV establishes radiation safety requirements for persons using sources of radiation in industrial radiography.

DHS 157.01(6) (6) Subchapter V establishes radiation safety requirements for using sources of radiation for well logging including mineral-logging, radioactive markers and subsurface tracer studies. The requirements of subch. V are in addition to the requirements of subchs. I, II, III, VIII and X.

DHS 157.01(7) (7) Subchapter VI establishes requirements for the medical use of radioactive material. The requirements provide for the radiation safety of workers, the general public and human research subjects.

DHS 157.01(8) (8) Subchapter VII establishes radiation safety requirements for operating irradiators that use sealed sources containing radioactive material to irradiate objects or materials using gamma radiation.

DHS 157.01(9) (9) Subchapter VIII establishes requirements for the use of diagnostic or therapeutic x-ray equipment, including accelerators, by or under the supervision of an individual authorized and licensed by state statutes to engage in the healing arts or veterinary medicine; and to establish registration requirements for radiation machines.

DHS 157.01(10) (10) Subchapter IX establishes radiation safety requirements for the use of radiation generating devices.

DHS 157.01(11) (11) Subchapter X establishes requirements for persons licensed or registered under this chapter to provide workers with notices, instructions and reports relating to activities under a license or registration.

DHS 157.01(12) (12) Subchapter XI establishes options available to facilities and individuals in connection with department inspections to determine compliance with the provisions of this chapter and radiological working conditions or other requirements specified in a license.

DHS 157.01(13) (13) Subchapter XII establishes classification and fiscal penalty criteria for violations of license conditions, emergency orders or the requirements of this chapter; and criteria for requesting and scheduling hearings to contest department assessments of forfeiture, licensing actions or emergency orders.

DHS 157.01(14) (14) Subchapter XIII establishes requirements for the packaging, preparation for shipment and transportation of radioactive material.

DHS 157.01(15) (15) Subchapter XIV establishes radioactivity requirements for community water systems.

DHS 157.01(16) (16) Subchapter XV establishes requirements for the physical protection program for any licensee that possesses a category 1 or category 2 quantity of radioactive material listed in ch. DHS 157 Appendix U.

DHS 157.01 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; corrections in (16) made under s. 13.93 (2m) (b) 7., Stats., Register July 2002 No. 559; CR 06-021: am. (6), r. (16) Register October 2006 No. 610, eff. 11-1-06; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637; CR: 16-078: cr. (16) Register January 2018 No. 745, eff. 2-1-18; correction in (16) made under s. 35.17, Stats., Register January 2018 No. 745; CR 22-015: am. (10) Register June 2023 No. 810, eff. 7-1-23.

DHS 157.02 DHS 157.02 Applicability.

DHS 157.02(1) (1) Except as specified, this chapter applies to all persons who receive, possess, use, transfer, own or acquire any source of radiation, except that nothing in this chapter shall apply to any person subject to regulation by the U.S. nuclear regulatory commission.

DHS 157.02(2) (2) A licensee subject to the requirements of subch. II is also subject to the requirements of subchs. I, III, X and XIII.

DHS 157.02(3) (3) Subchapter III applies to all persons licensed or registered by the department to receive, possess, use, transfer or dispose of sources of radiation. The limits in subch. III do not apply to doses due to background radiation, to exposure of patients to radiation for the purpose of medical diagnosis or therapy, or to voluntary participation in medical research programs.

DHS 157.02(4) (4) The requirements of subch. IV are for industrial radiography operations and are in addition to the requirements of subchs. I, II, III, VIII, X, XI, XII, and XIII.

DHS 157.02(5) (5) Subchapter V applies to all licensees or registrants who use sources of radiation for well logging including mineral-logging, radioactive markers and subsurface tracer studies. The requirements of subch. V are in addition to the requirements of subchs. I, II, III, VIII, X, XI, XII and XIII.

DHS 157.02(6) (6) Subchapter VI applies to all persons using radioactive material in the healing arts. The requirements of subch. VI are in addition to the requirements of subchs. I, II, III, X, XI, XII and XIII.

DHS 157.02(7) (7) Subchapter VII applies to panoramic irradiators having either dry or wet storage of the radioactive sealed sources and to underwater irradiators in which both the source and the product being irradiated are submerged. Irradiators whose dose rates exceed 5 grays (500 rads) per hour at one meter from the radioactive sealed sources in air or in water, as applicable for the irradiator type, are covered by subch. VII. Nothing in subch. VII relieves a licensee from complying with other federal, state and local regulations governing the siting, zoning, land use and building code requirements for industrial facilities. Subchapter VII does not apply to self–contained dry–source–storage irradiators in which both the source and the area subject to irradiation are contained within a device and are not accessible by personnel, medical radiology or teletherapy, radiography for the irradiation of materials for nondestructive testing purposes, gauging or open–field, agricultural irradiations. The requirements of subch. VII are in addition to the requirements of subchs. I, II, III, X, XI, XII and XIII.

DHS 157.02(8) (8) Subchapter VIII applies to all persons registered to use x-ray devices. The requirements of subch. VIII are in addition to the requirements of subchs. I, III, X, XI and XII.

DHS 157.02(9) (9) Subchapter IX applies to all persons registered to use cabinet and analytical x-ray devices. The requirements of subch. IX are in addition to the requirements of subchs. I, III, VIII, X, XI and XII.

DHS 157.02(10) (10) The requirements of subch. X apply to all persons who receive, possess, use, own or transfer sources of radiation registered with or licensed by the department under subchs. II and VIII of this chapter.

DHS 157.02(11) (11) Subchapter XI applies to all persons who receive, possess, use, own or transfer radioactive materials or radiation producing machines licensed by or registered with the department.

DHS 157.02(12) (12) Subchapter XII applies to all persons who possess, use, store, transfer or receive radioactive materials, or who possess radiation machines.

DHS 157.02(13) (13) Subchapter XIII applies to any person who transports radioactive material or delivers radioactive material to a carrier for transport.

DHS 157.02(14) (14) The radioactivity requirements in subch. XIV apply to all community water systems, except those meeting all of the conditions of s. DHS 157.95.

DHS 157.02 History History: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (4) to (7) and (10), r. (15) Register October 2006 No. 610, eff. 11-1-06.

DHS 157.03 DHS 157.03 Definitions. In this chapter:

DHS 157.03(1) (1) “A1” means the maximum activity of special form radioactive material permitted in a Type A package. This value is either listed in Table VI and Table VIII in ch. DHS 157 Appendix O or may be derived under the procedures prescribed in ch. DHS 157 Appendix O.

DHS 157.03(2) (2) “A2” means the maximum activity of radioactive material, other than special form material, LSA and SCO material, permitted in a Type A package. This value is either listed in Table VI and Table VIII in ch. DHS 157 Appendix O or may be derived under the procedures prescribed in ch. DHS 157 Appendix O.

DHS 157.03(3) (3) “Absorbed dose or “D” means the energy imparted by ionizing radiation per unit of mass of irradiated material. The units of absorbed dose are the rad and the gray (Gy).

DHS 157.03(4) (4) “Absorbed dose rate” means absorbed dose per unit time, for machines with timers, or dose monitor unit per unit time for accelerators.

DHS 157.03(5) (5) “Accelerator” or “particle accelerator” means any machine capable of accelerating electrons, protons, deuterons or other charged particles in a vacuum and of discharging the resultant particle or other radiation into a medium at energies usually in excess of one MeV.

DHS 157.03(6) (6) “Accelerator-produced radioactive material” means any material made radioactive by an accelerator.

DHS 157.03(6m) (6m) “Access control” means a system for allowing only approved individuals to have unescorted access to the security zone and for ensuring that all other individuals are subject to escorted access.

DHS 157.03(7) (7) “Accessible surface” means surface of equipment or of an equipment part, housing or enclosure of the radiation producing machine that may be easily or accidentally touched by persons without the use of a tool.

DHS 157.03(8) (8) “Act” means ss. 254.31 to 254.45, Stats.

DHS 157.03(9) (9) “Activity” means the rate of disintegration or transformation or decay of radioactive material. The units of activity are the becquerel and the curie.

DHS 157.03(10) (10) “Added filtration” means any filtration which is in addition to the inherent filtration.

DHS 157.03(11) (11) “Address of use” means the building or buildings that are identified on the license and where radioactive material may be received, used or stored.

DHS 157.03(12) (12) “Adult” means an individual 18 or more years of age.

DHS 157.03(12m) (12m) ”Aggregated” means accessible by the breach of a single physical barrier that would allow access to radioactive material in any form, including any devices that contain the radioactive material.

DHS 157.03 Note Note: An aggregated total activity equal or exceeding a category 2 to quantity of radioactive material exceeds the thresholds set forth in ch. DHS 157 Appendix U.

DHS 157.03(13) (13) “Agreement state” means any state with which the U.S. nuclear regulatory commission or the U.S. atomic energy commission has entered into an effective agreement under subsection 274b of the atomic energy act of 1954, as amended.