DHS 157.03(437)(437)“Year” means the period beginning on January 1st used to determine compliance with the provisions of this chapter. The licensee or registrant may change the starting date of the year used to determine compliance by the licensee or registrant provided that the change is made at the beginning of the year and that no day is omitted or duplicated in consecutive years.
DHS 157.03 HistoryHistory: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (1), (2), (13), (46), (98), (140), (141), (198) (a), (c), (199) (b), (200) (intro.), (c), (201), (210) (a) (intro.), (224), (225), (296), (326), (327), (334), (353), (376) (b), (390), (398), (418), (419) and (428); cr. (17m), (32m), (57g), (57r), (75m), (82m), (84m), (87m), (101m), (103m), (124m), (143m), (150m), (185m), (185r), (197m), (210) (a) 5., (247m), (251m), (264m), (279m), (295m), (371m), (402m) and (419m); r. and recr. (32), (68), (198) (d) and (267); r. (210) (d), (e), (424) and (425) Register October 2006 No. 610, eff. 11-1-06; correction in (97) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637; CR 09-062: am. (5), (6), (32m) (a), (33) (a), (50) (intro.), (a), (191), (200) (intro.), (222), (374) (c), (d), (382), (388), (402m), (407) and (413), cr. (50) (c) to (e), (75r), (103r), (221m), (264r) and (429m) Register April 2010 No. 652, eff. 5-1-10; CR 16-078: cr. (6m), (12m), (25m), (36m), (56g), (56r), (77m), r. and recr. (84m), cr. (108m), (109m), (124g), (139m), (143g), (150g), (166m), (189m), (193m), r. and recr. (198), am. (200) (c), (208), cr. (215m), (219m), am. (221m), cr. (228m), (230m), (318m), (319g), (319r), (331g), (331r), (374m), (392m), (393m), (402g), am. (404), (419m) Register January 2018 No. 745, eff. 2-1-18; correction in (25m) made under s. 13.92 (4) (b) 7., Stats., and correction in (1), (2), (16) (a), (56g), (56r), (77m), (198) (d), (397) made under s. 35.17, Stats., Register January 2018 No. 745, eff. 2-1-18; CR 22-015: am. (22), cr. (30m), (40m), (45m), (57c), (57w), (66m), am. (143), cr. (193e), am. (204), cr. (235m), (239m), renum. (251m) to (252g) and am., cr. (252r), am. (267), cr. (288m), am. (295m), cr. (331m), (336m), am. (374c), am. (391) Register June 2023 No. 810, eff. 7-1-23; correction in (239m) (a) made under s. 35.17, Stats., Register June 2023 No. 810.
DHS 157.04DHS 157.04Exemptions from the regulatory requirements.
DHS 157.04(1)(1)General. The department may, upon application or upon its own initiative, grant such exemptions or exceptions from the requirements of this chapter as it determines are authorized by law and will not result in undue hazard to public health and safety or property or endanger the common defense and security.
DHS 157.04(2)(2)U.S. DOE and NRC contractors. U.S. department of energy contractors or subcontractors and any NRC contractor or subcontractor in any of the following categories operating within this state are exempt from this chapter to the extent that the contractor or subcontractor under their contract receives, possesses, uses, transfers or acquires sources of radiation:
DHS 157.04(2)(a)(a) Prime contractors performing work for the U.S. department of energy at U.S. government owned or controlled sites, including the transportation of byproduct material to or from such sites and the performance of contract services during temporary interruptions of such transportation.
DHS 157.04(2)(b)(b) Prime contractors of the U.S. department of energy performing research in, or development, manufacture, storage, testing or transportation of atomic weapons or components of atomic weapons.
DHS 157.04(2)(c)(c) Prime contractors of the U.S. department of energy using or operating nuclear reactors or other nuclear devices in a United States government owned vehicle or vessel.
DHS 157.04(2)(d)(d) Any other prime contractor or subcontractor of the U.S. department of energy or of the NRC when the state and the NRC jointly determine all the following:
DHS 157.04(2)(d)1.1. The exemption of the prime contractor or subcontractor is authorized by law.
DHS 157.04(2)(d)2.2. Under the terms of the contract or subcontract, there is adequate assurance that the work may be accomplished without undue risk to the public health and safety.
DHS 157.04 HistoryHistory: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02.
DHS 157.05DHS 157.05Prohibitions.
DHS 157.05(1)(1)Devices. The following devices may not be used in Wisconsin:
DHS 157.05(1)(a)(a) A hand-held fluoroscopic screen unless it has been listed in the Registry of Sealed Source and Devices.
DHS 157.05(1)(b)(b) A shoe-fitting fluoroscopic device.
DHS 157.05(2)(2)Deliberate misconduct. No person may do any of the following:
DHS 157.05(2)(a)(a) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, registrant or applicant under this chapter to be in violation of any rule or order of the department; or any term, condition or limitation of any license or registration issued by the department under this chapter.
DHS 157.05(2)(b)(b) Deliberately submit to the department; a licensee, registrant or applicant under this chapter; or a contractor or subcontractor of a licensee, registrant or applicant under this chapter; any information that the person knows to be incomplete or inaccurate.
DHS 157.05(3)(3)Radiation survey instrumentation. No person may operate a portable device containing radioactive material designed to measure moisture content or density of materials unless calibrated and operable radiation survey instrumentation that meets the requirements of s. DHS 157.52 (4) (a), (b) and (c) is available for use at each site where the portable devices are used.
DHS 157.05(4)(4)Training.
DHS 157.05(4)(a)(a) No person may use a portable device containing radioactive material used to measure moisture content or density of materials or determine lead content of paint unless the person has completed 8 hours of manufacturer’s training or equivalent training that meets the requirements of ch. DHS 157 Appendix S.
DHS 157.05(4)(b)(b) A person providing equivalent training under par. (a) for certified lead inspectors or risk assessors shall meet the qualification requirements of s. DHS 163.24 (3) (a) 1. and 3. and shall complete an additional 8 hours of radiation safety training.
DHS 157.05(5)(5)Physical controls. No person may use a portable device containing radioactive material designed to measure moisture content or density of materials unless there is a minimum of 2 independent physical controls that form tangible barriers to secure the device from unauthorized removal, whenever the device is not under the control and constant surveillance of the licensee.
DHS 157.05 HistoryHistory: CR 01-108: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-021: am. (1) (a) and (3), cr. (5) Register October 2006 No. 610, eff. 11-1-06; correction in (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; CR 09-062: cr. (5) (title) Register April 2010 No. 652, eff. 5-1-10; correction in (4) (a) made under s. 35.17, Stats., Register January 2018 No. 745.
DHS 157.06DHS 157.06General regulatory requirements.
DHS 157.06(1)(1)Records. A licensee or registrant shall maintain records showing the receipt, transfer and disposal of all sources of radiation until the department terminates the license or registration authorizing possession of the device or material, and for 3 years following transfer or disposal of the device or material.
DHS 157.06 NoteNote: Additional record requirements are specified elsewhere in this chapter.
DHS 157.06(2)(2)Inspections.