Administrative Regulations for Radioactive Material and Equipment Capable of Producing Ionizing Radiation and Associated Practice
1.中華民國九十二年一月二十二日行政院原子能委員會會輻字第 0920001 511 號令訂定發布全文 57 條;本辦法自游離輻射防護法施行之日施行 2.中華民國九十四年二月二十三日行政院原子能委員會會輻字第 0940008 702 號令修正發布第 1、2、4~6、8、9、13、17、20、22、26~28、3 0、31、34、35、36、41、44、49、50、52、53、55、57 條條文;刪除 第 24 條條文;本辦法修正條文自發布日施行 3.中華民國九十四年十二月二十九日行政院原子能委員會會輻字第 09400 39736 號令增訂發布第 4-1、6-1、6-2 條條文 4.中華民國九十六年十月二十四日行政院原子能委員會會輻字第 0960028 431 號令修正發布全文 59 條;並自發布日施行 5.中華民國九十七年七月十一日行政院原子能委員會會輻字第 097001054 9 號令修正發布第 23、25、27、34、51、55 條條文 6.中華民國九十八年九月三十日行政院原子能委員會會輻字第 098001638 2 號令修正發布第 13、14 條條文 7.中華民國一百零一年一月十六日行政院原子能委員會會輻字第 1010000 798 號令修正第 5、17~19、23、28、31、42、45、47、57 條條文及 第 6、9、10 條條文之附表二;並增訂第 47-1、47-2 條條文 8.中華民國一百零一年十二月二十四日行政院原子能委員會會輻字第 101 0020806 號令修正發布第 7、46 條條文 9.中華民國一百零七年十二月二十二日行政院原子能委員會會輻字第 107 00152261 號令修正發布第 2、25、28、31、34、36、41、45、54 條 條文 中華民國一百十二年九月十八日行政院院臺規字第 1121033555 號公告 第 2 條第 3 款第 6 目、第 4 條第 1 項第 6 款、第 2 項第 1 款、第 3 款、第 5 條第 1 項序文、第 2 項、第 4 項、第 6 條第 2 項序文、第 3 項、第 7 條第 1 項、第 3 項、第 8 條 第 1 項、第 9 條第 1 項、第 10 條序文、第 11 條第 1 項第 5 款、第 12 條序文、第 13 條第 1 項、第 2 項、第 15 條第 1 項 第 6 款、第 2 項第 3 款、第 16 條第 1 項序文、第 4 款、第 2 項、第 17 條第 1 項序文、第 3 款、第 2 項、第 18 條第 1 項序文、第 2 項序文、第 19 條第 1 項序文、第 2 項、第 21 條 序文、第 22 條第 1 項序文、第 3 項序文、第 23 條第 1 項序文 、第 2 項序文、第 3 項序文、第 24 條序文、第 25 條、第 26 條 第 1 項序文、第 2 項序文、第 3 項序文、第 27 條第 2 項、第 28 條第 1 項序文、第 2 項第 4 款、第 3 項、第 4 項、第 5 項第 4 款、第 29 條序文、第 30 條序文、第 31 條第 1 項序文、 第 2 項序文、第 3 項、第 32 條第 1 項第 2 款、第 3 款、第 2 項序文、第 4 項、第 33 條第 1 項、第 34 條第 1 項第 1 款 、第 2 款、第 2 項序文、第 35 條第 1 項序文、第 3 項、第 36 條、第 37 條第 1 項序文、第 2 項、第 38 條、第 40 條、第 41 條第 1 項序文、第 3 項、第 42 條第 1 項第 1 款、第 3 款、第 43 條序文、第 44 條第 1 項第 4 款、第 2 項序文、第 45 條第 1 項第 6 款、第 3 項、第 46 條第 1 項序文、第 2 項、第 47-2 條、第 48 條、第 49 條、第 51 條第 1 款、第 52 條 第 1 項、第 53 條、第 54 條第 1 項第 6 款、第 3 項第 4 款 、第 4 項、第 56 條、第 58 條所列屬「行政院原子能委員會」之權 責事項,自一百十二年九月二十七日起改由「核能安全委員會」管轄
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This Regulations is enacted pursuant to the provisions of Paragraph 29.5 of the Ionizing Radiation Protection Act (hereinafter referred to as "this Act").
1The terms used in this Regulations are defined as follows:
21.Sealed radioactive material refers to radioactive material placed in a sealed container sufficient to provide isolation from the outside under normal use.
32.Unsealed radioactive material refers to radioactive material that does not meet the definition of sealed radioactive material.
43.Modification refers to any one of the following situations involving radioactive material, equipment capable of producing ionizing radiation or the workplace where they are used:
5(1) a change in the direction of primary radiation beam of sealed radioactive material or equipment capable of producing ionizing radiation;
6
7(3)an increase in the nominal voltage of an X-ray unit;
8(4)an increase in the accelerating voltage of an accelerator;
9(5)a change in the radiation protective shielding; or
10(6)other situations as designated by the competent authority.
114.Labeling refers to the process of combining a radioactive nuclide with another material to form a radioactive compound.
125.Cabinet refers to a separate cabinet, not a part of a building, originally designed or constructed with appropriate shielding that, when in use, prevents entry by personnel and in which radioactive material or equipment capable of producing ionizing radiation is placed.
136.High-level radiation facility refers to a facility characterized by one of the following:
14(1)equipment capable of producing ionizing radiation with a rated accelerating voltage equal to 30 MV or greater;
15(2)equipment capable of producing ionizing radiation with a particle energy rating equal to 30 MeV or greater; or
16(3)the use of sealed radioactive material with an activity equal to 1,000 TBq or greater.
177.Transit refers to a stop-over period with definite time parameters for goods not yet unloaded being shipped on the same aircraft or means of transportation that are to enter another country or area via Taiwan air or sea ports.
188.Transshipment refers to a stop-over period with definite time parameters for unloaded goods being shipped on the same or other aircraft or means of transportation that are to enter another country or area via Taiwan air or sea ports.
199.Surface contaminated object (SCO) refers to a solid substance that, itself not radioactive, has been contaminated on the surface by a radioactive material, but this does not include radioactive waste.
Sealed radioactive materials are classified into five categories based on their potential hazard to human health and the environment, as listed in Table I.
1Paragraph 4.1
2Applicants who apply for a permission of import, transfer or export for radioactive material or for equipment capable of producing ionizing radiation shall meet one of the following qualifications:
31.a government agency (institution);
42.a senior high (or vocational) school and above, or academic research institute;
53.a company or other juridical person;
64.a medical institution, medical care radiological clinic or medical examination clinic established with the approval of the public health competent authority;
75.a veterinarian medical institution officially established in accordance with the Veterinarian Act; or
86.other qualifications as approved by the competent authority.
9Paragraph 4.2
10The applicants who apply for the permission of export referred to in the preceding paragraph shall meet one of the following criteria:
111.possessing a permit or a registration approved by the competent authority for radioactive material or equipment capable of producing ionizing radiation;
122.possessing a permission for production of radioactive material or for manufacture of equipment capable of producing ionizing radiation; or
133.other criteria as designated by the competent authority.
1Paragraph 5.1
2For import of radioactive material or equipment capable of producing ionizing radiation, applicants shall fill out an application form, enclose the following documents and make an application to the competent authority for review and approval, after which the permission will be granted:
31.results of radiation safety tests done by the original manufacturer, Chinese or English version; and
42.catalogs and explanatory diagrams;
53.for radioactive material, documents relating to the transport details shall also be enclosed.
6Paragraph 5.2
7The documents in subparagraphs 1 and 2 of the preceding paragraph shall be retained by the applicants themselves, and submission of the documents to the competent authority for review and approval may be waived if the import registration is for equipment capable of producing ionizing radiation.
8Paragraph 5.3
9For re-applications for import of radioactive material or equipment capable of producing ionizing radiation of the same model and brand previously reviewed and approved, the submission of all the documents in Paragraph 5.1 may be waived.
10Paragraph 5.4
11In cases where facility operators possess a permit duly issued by the competent authority or a registration approved by the competent authority to use unsealed radioactive material, the submission of all the documents referred to in Paragraph 5.1 may be waived at the time of applying for import.
1Paragraph 6.1
2Applicants who apply for import of radioactive material of Column 1 or Column 2 as listed in Table II shall, after obtaining the permission referred to in Article 5, give a photocopy of the said permission to the competent authority of the exporting country or the exporting organization.
3Paragraph 6.2
4The applicant shall, seven days before the starting of shipment operation at the port for the sealed radioactive material referred to in the preceding paragraph, specify the following in a written document and inform the competent authority:
51.estimated date of export;
62.name of the exporting organization;
73.name or entire title of the recipient;
84.radionuclide name, quantity, activity and total activity; and
95.unique identifiers such as manufacturer, model and serial number, etc.
10Paragraph 6.3
11When the significant risk sealed radioactive material of Column 1 as listed in Table II reaches the port of destination, the applicant or its designator shall pick up the goods forthwith, and shall not store them in the warehouse of the port without the permission of the competent authority.
1Paragraph 7.1
2For the transfer of radioactive material or equipment capable of producing ionizing radiation, assignors and assignees shall jointly fill out an application form and apply to the competent authority for review and approval, after which permission may be granted.
3Paragraph 7.2
4For the applications of transfer of radioactive material referred to in the preceding paragraph, documents relating to the transport details shall also be enclosed.
5Paragraph 7.3
6In cases where facility operators possess a permit duly issued by the competent authority or registration approved by the competent authority for the use of unsealed radioactive material, the enclosure of the documents referred to in the preceding paragraph may be waived when applying for the transfer of unsealed radioactive material.
1Paragraph 8.1
2For export of radioactive material or equipment capable of producing ionizing radiation, applicants shall fill out an application form and make an application to the competent authority for review and approval, after which the permission will be granted.
3Paragraph 8.2
4For the applications of the export of radioactive material referred to in the preceding paragraph, documents relating to the transport details shall also be enclosed.
1Paragraph 9.1
2Applicants who apply for export of significant risk sealed radioactive material of Column 1 as listed in Table II shall, in addition to the documents stipulated in the preceding Article, enclose the import agreement documentation from the competent authority of the importing country and send it to the competent authority for review.
3Paragraph 9.2
4The import agreement documentation referred to in the preceding paragraph shall specify the following:
51.name or entire title of the recipient;
62.recipient's residence, firm or principal place of business;
73.radionuclide name, quantity, activity and total activity;
84.unique identifiers such as manufacturer, model and serial number, etc; and
95.estimated starting and ending time of shipment.
1Applicants for export of significant risk sealed radioactive material of Column 1 or Column 2 as listed in Table II shall, seven days before the starting of shipment operation at the port for the sealed radioactive material, specify in a written document the following and inform the competent authority and the competent authority as well as the recipient of the importing country:
21.estimated date of export;
32.name or entire title of the applicant;
43.name or entire title of the recipient;
54.radionuclide name, quantity, activity and total activity; and
65.unique identifiers such as manufacturer, model and serial number, etc.
1Paragraph 11.1
2Applicants who apply for a permission to import or export a surface contaminated object shall possess one of the following qualifications:
31.a government agency (institution);
42.a university, college or academic research institute;
53.a company or other juridical person;
64.a medical institution set up with the official approval of the competent health authority; or
75.other qualifications as approved by the competent authority.
8Paragraph 11.2
9Applications for import or export of surface contaminated objects shall conform with the Regulations for the Safe Transport of Radioactive Material.
1For import or export of surface contaminated objects, the following documents shall be enclosed and an application shall be made to the competent authority for review and approval, after which the permission will be granted:
21.data on the package or packaging smear test and surface dose rates;
32.documents relating to the transport details.
1Paragraph 13.1
2For transit or transshipment of radioactive material, the shipper or the carrier shall enclose the radiation protection plan and make an application to the competent authority for review and approval, after which the permission will be granted. The permission is effective for a period of five years.
3Paragraph 13.2
4The shipper or the carrier having obtained the permission shall enclose the transport documents to the competent authority for filing and reference prior to transit or transshipment of any batch of radioactive material.
5Paragraph 13.3
6Transit or transshipment of radioactive material shall comply with the Regulations for the Safe Transport of Radioactive Material.
7Paragraph 13.4
8In cases of transport of radioactive material in excepted packages, the stipulations in the first and the second paragraph do not apply.
The permission of import, transfer, or export is effective for a period of six months.
1Paragraph 15.1
2Applicants who apply for a permit or a registration for the use of radioactive material or equipment capable of producing ionizing radiation shall possess one of the following qualifications:
31.a government agency (institution);
42.a senior high (or vocational) school and above, or academic research institute;
53.a company or other juridical person;
64.a medical institution, medical care radiological clinic or medical examination clinic established with the official approval of the public health competent authority;
75.a veterinarian medical institution officially established in accordance with the Veterinarian Act; or
86.other qualifications as approved by the competent authority.
9Paragraph 15.2
10In the case of an application for the use referred to in the preceding paragraph, the applicants shall meet the following criteria:
111.having qualified operating personnel;
122.possessing a workplace or storage area meeting radiation safety regulations; and
133.other criteria as designated by the competent authority.
1Paragraph 16.1
2For use of the following radioactive material, a registration application shall be made to the competent authority for filing and reference:
31.sealed radioactive material of Category IV and Category V as listed in Table I;
42.radioactive material that forms a component of an instrument or manufactured product and that has an activity less than 1,000 times that of the exemption level and that under normal usage has a surface dose rate at an accessible distance of 5 cm of less than 5 microsieverts (μSv) per hour;
53.radioactive material other than those referred to in the preceding two subparagraphs with an activity less than 100 times that of the exemption level; or
64.other radioactive material as designated by the competent authority.
7Paragraph 16.2
8For use of radioactive material other than those stipulated in the preceding paragraph, an application for a permit shall be made to the competent authority.
1Paragraph 17.1
2For use of the following equipment capable of producing ionizing radiation, applicants shall apply for a registration to the competent authority:
31.nominal voltage is less than 150 kV or particle energy is less than 150 keV;
42.cabinet or baggage inspection X-ray machine, ion implanter, electron beam welding machine or static eliminator that under normal usage has a surface dose rate at an accessible distance of 5 cm of less than 5 microsieverts (μSv) per hour; or
53.other equipment as designated by the competent authority.
6Paragraph 17.2
7For use of equipment capable of producing ionizing radiation other than those stipulated in the preceding paragraph or for non-medical use of those stipulated in subparagraph 1 of the preceding paragraph with direct irradiation on human bodies, an application for a permit shall be made to the competent authority. The permission of import, transfer, or export is effective for a period of six months.
1Paragraph 18.1
2Applicants for use of sealed radioactive material or equipment capable of producing ionizing radiation for which a permission application shall be made shall, when applying for import or transfer, fill out an application form, enclose the following documents and make an application to the competent authority for review. In cases that shield engineering is involved in the installation, the installation permission will be granted after review and approval; in cases that shield engineering is not involved in the installation, following the grant of permission by the competent authority for import or transfer, the documents referred to in Paragraph 18.2 shall be enclosed to the competent authority for review, inspection and approval, after which the permit for use will be issued:
31.a photocopy of the certification of establishment or the registration approved; waived for government agencies (institution);
42.photocopies of the relevant operating personnel credentials and the certificates of employment;
53.workplace radiation safety assessment. In cases that shield engineering is not involved, a shielding planning need not to be enclosed;
64.a radiation protection plan and radiation safety operation guidelines;
75.photocopies of the certificates of radiation protection personnel shall be submitted in conformity with the stipulations in the Standards for Establishment of Radiation Protection Management Organizations and Radiation Protection Personnel; and
86.for use of sealed radioactive material of Category I or Category II as listed in Table I, a security planning shall be submitted.
9Paragraph 18.2
10Only after the applicants referred to in the preceding paragraph have obtained the installation permission can installation begin in accordance with the officially approved workplace radiation safety assessment, the floor plans and the shielding planning. Within 30 days after completion of the installation, the following documents are to be enclosed to the Competent Authority for review, inspection and approval, after which the permit for use will be issued:
111.a radiation safety survey report (hereinafter referred to as "survey report");
122.for sealed radioactive material conforming with the stipulations referred to in Paragraph 54.1, a sealed radioactive material smear test report shall be submitted (hereinafter referred to as "smear test report"); and
133.for sealed radioactive material, a photocopy of the original certification document of radioactive material shall be submitted.
1Paragraph 19.1
2For unsealed radioactive material or re-packaged and labeled radioactive material whose use requires a permission, applicants shall fill out an application form, enclose the following documents and make an application to the competent authority for review and approval, after which the installation permission will be granted:
31.a photocopy of the certification of establishment or the registration approved; waived for government agencies (institution);
42.photocopies of the relevant operating personnel credentials and the certificates of employment;
53.workplace radiation safety assessment;
64.a radiation protection plan and radiation safety operation guidelines;
75.for the labeling of radioactive material, information on the physical and chemical properties of the radioactive material as well as on the handling process used shall be submitted; and
86.in conformity with the stipulations in the Standards for Establishment of Radiation Protection Management Organizations and Radiation Protection Personnel, photocopies of the certificates of radiation protection personnel shall be enclosed.
9Paragraph 19.2
10Only after the applicants referred to in the preceding paragraph have obtained the installation permission can the shield engineering installation begin in accordance with the officially approved workplace radiation safety assessment. Within 30 days after completion of the installation, a radiation safety survey report is to be enclosed to the competent authority for review, inspection and approval, after which the permit for use will be issued.
1The workplace radiation safety assessments referred to in Subparagraph 18.1.3 and Subparagraph 19.1.3 shall deliberate the following items for appropriate assessing, in accordance with the scale and nature of the radiation practice:
21.workplace floor plans and shielding planning;
32.measures for handling radioactive contaminants;
43.protective measures on mobile radioactive material or equipment capable of producing ionizing radiation; and
54.personnel dose assessment.
1The permit for use is effective for a maximum period of five years. Facility operators shall fill out an application form 60 to 30 days before the expiration date and enclose the following documents to the competent authority for review, inspection and approval, after which renewal of the permit for use will be issued:
21.a photocopy of the certification of establishment or the registration approved; waived for government agencies (institution);
32.the original permit for use;
43.a survey report done within the last 30 days; and
54.for sealed radioactive materials conforming with the stipulations referred to in Paragraph 54.1, the latest smear test report shall also be enclosed.
1Paragraph 22.1
2Facility operators who have obtained the permit for use of radioactive material or equipment capable of producing ionizing radiation shall fill out an application form before making modifications and enclose the following documents to the competent authority for review and approval, after which the modification permission will be granted:
31.workplace radiation safety assessment in accordance with the stipulations of Article 20.;
42.photocopies of the relevant operating personnel credentials; and
53.the original permit for use.
6Paragraph 22.2
7In cases where the modification referred to in the preceding paragraph involves a change in radiation safety, a radiation protection plan or radiation safety operating guidelines shall be enclosed.
8Paragraph 22.3
9Only after the facility operator obtains the modification permission may the modification proceed in accordance with the approved workplace radiation safety assessment. Within 30 days after completion of the modification, the following documents shall be enclosed to the competent authority for review, inspection and approval, after which the permit for use will be issued:
101.a survey report; and
112.for sealed radioactive material in conformity with the stipulations referred to in Paragraph 54.1, a smear test report shall be submitted.
1Paragraph 23.1
2For use of sealed radioactive material that requires a registration approved by the competent authority, applicants shall, when applying for import or transfer, fill out an application form, enclose the following documents and make an application to the competent authority for review. If shield engineering is involved in the installation, the installation permission will be granted after review and approval; if shield engineering is not involved in the installation, after the competent authority grants the permission of import or transfer, the documents referred to in Paragraph 23.2 are to be enclosed to the competent authority for review and approval, after which the registration will be approved:
31.a photocopy of the certification of establishment or the registration approved; waived for government agencies (institution);
42.photocopies of the relevant operating personnel credentials and the certificates of employment;
53.workplace floor plans and shielding planning; the shielding planning may be waived if shield engineering is not involved or Subparagraph 16.1.2 is qualified; and
64.a radiation protection plan.
7Paragraph 23.2
8Only after the applicants referred to in the preceding paragraph have obtained the installation permission may the installation proceed in accordance with the approved workplace floor plans and shielding planning. Within 30 days after completion of the installation, the following documents shall be enclosed to the competent authority for review and approval, after which the registration will be approved:
91.a photocopy of the original radioactive material certification;
102.a survey report; and
113.for sealed radioactive material in conformity with the stipulations referred to in Paragraph 54.1, a smear test report shall be submitted.
12Paragraph 23.3
13For use of equipment capable of producing ionizing radiation that requires a registration approved by the competent authority, applicants shall fill out an application form within 30 days after completion of the installation, enclose the following documents and make an application to the competent authority for review prior to the use of the equipment, after which a registration will be approved:
141.name and certificate number of the certification of establishment or the registration approved;
152.name and certificate number of the relevant operating personnel credentials;
163.survey report related information; and
174.a radiation protection plan.
1For unsealed radioactive material or re-packaged, labeled radioactive material, whose use requires a registration, applicants shall fill out an application form, enclose the following documents and make an application to the competent authority for review and approval, after which a registration will be approved:
21.a photocopy of the certification of establishment or the registration approved; waived for government agencies (or institution);
32.photocopies of the relevant operating personnel credentials and the certificate of employment;
43.workplace floor plans and shielding planning;
54.a radiation protection plan; and
65.for the labeling of radioactive material, information on the physical and chemical properties of the radioactive material as well as on the handling process used shall be submitted.
Once every five years, the facility operators who have the registration approved by the competent authority for radioactive material or equipment capable of producing ionizing radiation three months prior to or after the month equivalent to the approved registration month, shall conduct a radiation safety survey and record the results for filing and reference.
1Paragraph 26.1
2When the radioactive material for which the registration has been approved is to be modified, the facility operators shall fill out an application form before modification and enclose the following documents to the competent authority for review and approval, after which a modification permission will be issued:
31.workplace floor plans and shielding planning; and
42.photocopies of the relevant operating personnel credentials; and
53.the original registration for use
6Paragraph 26.2
7Only after the facility operators have obtained the modification permission may the modification work proceed in accordance with the approved workplace floor plans and shielding planning. Within 30 days after the work is completed, the following documents shall be enclosed to the competent authority for review, after which a registration will be approved:
81.survey report; and
92.for sealed radioactive material in conformity with the stipulations referred to in Paragraph 54.1, a smear test report shall be submitted.
10Paragraph 26.3
11The facility operators who have the registration approved by the competent authority for equipment capable of producing ionizing radiation shall, within 30 days after the modification work is completed, fill out an application form and the following information, enclosed to the competent authority for review and approval, after which a registration will be approved:
121.name and certificate number of the relevant operating personnel credentials.
132.survey report related information and radiation detection data.
14Paragraph 26.4
15If, after modification, the energy level of the equipment capable of producing ionizing radiation or the total activity of the radioactive material reaches the level stipulated that the permit shall be applied for, then matters shall proceed in accordance with the stipulations referred to in Article 22.
1Paragraph 27.1
2For radioactive material or equipment capable of producing ionizing radiation, ifthere will be a movement to a new location or a change of the workplace and therefore an installation or modification is involved, the facility operators shall fill out an application form and apply for a permit for use or a registration separately in accordance with the installation or modification stipulations referred to in Article 18, Article 22 and Article 23.
3Paragraph 27.2
4If the facility operators, who have obtained the permit or the registration approved by the competent authority for the use of unsealed radioactive material, will increase the number of workplaces, the number of nuclides or activity used, they shall apply for a permit for use or a registration separately in accordance with the stipulations referred to in Article 19 and Article 24.
1Paragraph 28.1
2For use of a high-level radiation facility, applicants shall fill out an application form and enclose the following documents to the competent authority for review and approval, after which a permission for installation will be issued:
31.a photocopy of the certification of establishment or the registration approved; waived for government agencies (institution);
42.workplace radiation safety assessment;
53.radiation protection plan and radiation safety operation guidelines;
64.the structure of workplace shielding and machinery and an seismic resilience certification;
75.operational training and practical operational training plan;
86.schedule plan of a trial operation ;
97.for sealed radioactive material, a photocopy of the original radioactive material certification and security planning shall be enclosed; and
108.procedure for dealing with accidents.
11Paragraph 28.2
12The workplace radiation safety assessment referred to subparagraph 2 of the preceding paragraph shall contain the following information:
131.workplace floor plans and shielding planning;
142.facility radiation dose assessment and protection measures;
153.measures for handling radioactive contaminants (including activated products); and
164.other information as designated by the competent authority.
17Paragraph 28.3
18Only after the applicants have obtained the permission for installation may the work proceed in accordance with the approved radiation safety assessment, the floor plans, and the shielding planning. Within 30 days after completion of the work, a trial operation plan shall be enclosed to the competent authority for review, inspection and approval, after which a trial operation permission will be issued.
19Paragraph 28.4
20After the completion of the trial operation the applicants shall enclose, within 30 days, a trial operation report to the competent authority for review, inspection and approval, after which a permit for use will be issued.
21Paragraph 28.5
22The trial operation report referred to in the preceding paragraph shall include the following items:
231.the area monitoring results;
242.the personnel dose monitoring results;
253.the record of the trial operation; and
264.other items as designated by the competent authority.
1The permit for use of a high-level radiation facility is effective for a maximum period of five years. The facility operators shall fill out an application form 60 to 30 days before the expiration date and enclose the following documents to the competent authority for review, inspection and approval, after which a renewed permit for use will be issued:
21.a photocopy of the certification of establishment or the registration approved; waived for government agencies (institution); and
32.the survey report done within the last 30 days.
1For installation or modification of radioactive material or equipment capable of producing ionizing radiation, the work shall be completed within the time frames as specified below. If the work is not completed within the specified time frame, an application for extension may be made to the competent authority one month prior to the deadline:
21.a high-level radiation facility shall be completed within two years of the approved installation or modification date.
32.work involving the use of radioactive material other than that referred to in the preceding subparagraph or equipment capable of producing ionizing radiation to which the permission shall be applied, shall be completed within one year of the approved installation or modification date.
43.work involving the use of equipment capable of producing ionizing radiation to which the registration is to be applied shall be completed within one year of the approved import or transfer date.
1Paragraph 31.1
2Those who are engaged in radiation protection service businesses shall not possess radioactive material. However, the following circumstances with the permission of the competent authority are excluded:
31.those who sale sealed radioactive material referred to in Paragraph 16.1;
42.those who are engaged in sales service businesses or radiation protection detection businesses replace sealed radioactive material for facility operators and execute temporary storage of the material before export or transfer; or
53. those who are engaged in sales service businesses or radiation protection detection businesses execute temporary storage of unsealed radioactive material during transportation.
6Paragraph 31.2
7Applicants who apply for possession of radioactive material according to the stipulations in the preceding paragraph shall fill out an application form, enclose the following documents and make an application to the competent authority for review, inspection and approval, after which a possession permission will be issued:
81.the permit of radiation protection service businesses;
92.application documentation on the brand, model, nuclide, activity and quantity of the radioactive material for possession;
103.radiation protection plan; and
114.radiation safety assessment on an appropriate storage area and shielding planning. They shall be conducted according to the maximum holding of the radioactive material estimated for the appropriate storage area.
12Paragraph 31.3
13Those who are permitted by the competent authority to engage in the sales of equipment capable of producing ionizing radiation may possess the equipment capable of producing ionizing radiation according to the approved items.
1Paragraph 32.1
2For any of the following situations, the applicants shall apply for a possession permission:
31.inability to complete the installation or the modification within the time frame stipulated in Article 30;
42.subsequent to the approval by the competent authority for import or transfer, inability to proceed the installation following the delivery; or
53.other situations as approved by the competent authority.
6Paragraph 32.2
7The applicants shall, 30 days prior to the deadline stipulated in Article 30 or within 30 days from the delivery of the radioactive material or the equipment capable of producing ionizing radiation, enclose the following documents and make an application to the competent authority for review. After the equipment capable of producing ionizing radiation is reviewed and approved, a possession permission will be issued; after the radioactive material is reviewed, inspected and approved, a possession permission will be issued:
81.reasons for possession;
92.radiation protection plan;
103.the storage area. For radioactive material, the floor plans and the shielding planning shall be submitted; and
114.for sealed radioactive material in conformity with the stipulations of Paragraph 54.1, a smear test report shall be submitted.
12Paragraph 32.3
13The possession permission referred to in Paragraph 32.2 is effective for a maximum of two years.
14Paragraph 32.4
15The facility operator may, within 60 to 30 days prior to the expiration of the possession permission of the radioactive material or the equipment capable of producing ionizing radiation, fill out an application form and enclose all the documents provided in the preceding paragraph to the competent authority for extension, which is subject to a maximum of one time.
1Paragraph 33.1
2For the permit for radioactive material or equipment capable of producing ionizing radiation or the designated items in the registration approved by the competent authority, if there is change of the printed items or loss or damage of the permit, the facility operator shall, within 30 days of the occurrence, fill out an application form and apply to the competent authority for change, reissuance or renewal.
3Paragraph 33.2
4The period of effectiveness for the permit is the same as that for the original one.
1Paragraph 34.1
2When a facility operator replaces the X-ray tube or the accelerator tube of equipment capable of producing ionizing radiation, the operator shall proceed according to the following stipulations. However, the following stipulations are not applicable to the replacement of the X-ray tube of static eliminators:
31.for that who obtains the permit for use, a survey report shall be enclosed to the competent authority for filing and reference within 15 days after the replacement.
42.for the registration approved by the competent authority, the survey report shall be retained by the facility operator.
5Paragraph 34.2
6If a facility operator removes and replaces radioactive material for which he/she possesses the permit for use or the registration approved by the competent authority, he/she shall fill out an application form and enclose the following documents prior to effecting the replacement, and submit to the competent authority for review; and within 30 days following the replacement, he/she shall enclose a smear test report and a photocopy of the original certification documentation of the newly installed radioactive material to the competent authority for filing and reference:
71.the documents relating to the transport details; and
82.method of processing the original radioactive material after the replacement.
9Paragraph 34.3
10For the replacement of radioactive material provided in the preceding paragraph, if the container is replaced at the same time, the application shall be filed in accordance with the stipulations set forth in Article 18 and Article 23 before the replacement.
1Paragraph 35.1
2In cases where the use of radioactive material or equipment capable of producing ionizing radiation shall be ceased, the facility operator shall fill out an application form, enclose the following documents and make an application to the competent authority for review. After the equipment capable of producing ionizing radiation is reviewed and approved, a permission for cease of use will be granted; after the radioactive material is reviewed, inspected and approved, the permission for cease of use will be granted:
31.the original permit for use, for those who have already obtained it; and
42.description of the storage area. For radioactive material, a floor plan of the storage area and the shielding planning shall be enclosed.
5Paragraph 35.2
6The permission referred to in the preceding paragraph are effective for a maximum period of two years.
7Paragraph 35.3
8The facility operator may, within 60 to 30 days prior to the expiration of ceased use of the radioactive material or the equipment capable of producing ionizing radiation, fill out an application form and enclose all the documents provided in Subparagraph 35.1.2 to the competent authority for extension.
1Paragraph 36.1
2In cases where an application is made to resume the use of the radioactive material or the equipment capable of producing ionizing radiation that has previously obtained the approval for cease of use, the procedure shall comply with the stipulations of Articles 18, 19, 23, 24, or 28; however, an application for an installation permit may be waived if the use is to take place at the location originally approved by the competent authority.
3Paragraph 36.2
4If the reason for the approved cease of use referred to in the preceding paragraph is the lack of qualified operating personnel, the facility operator shall, when making an application for the resumption of use, fill out an application form, attach qualified operating personnel credentials, and make an application to the competent authority for review and approval, after which the permit for use will be issued or the registration will be approved.
1Paragraph 37.1
2When a facility operator permanently ceases the use of radioactive material and disposes of it as radioactive waste, the operator shall fill out an application form, enclose the following documents and make an application to the competent authority for review and approval, after which the permission will be granted:
31.discard plan of sealed radioactive material;
42.a photocopy of the originally certification documents of the radioactive material; and
53.documents relating to the transport details.
6Paragraph 37.2
7Following the approval of the application referred to in the preceding paragraph by the competent authority, the facility operator shall, within three months, transport the radioactive waste to the receiving unit. Within 30 days of receipt of the said material, a radiation workplace monitoring certificate, receipt documentation and the original permit for use for those who have already obtained it shall be enclosed and submitted to the competent authority for filing and reference.
1Paragraph 38.1
2When a facility operator permanently ceases the use of radioactive material or equipment capable of producing ionizing radiation and disposes of it by shipping overseas, the operator shall fill out an application form, submit the documents relating to the transport details in the case of exporting radioactive material and make an application to the competent authority for review and approval, after which the permission will be granted.
3Paragraph 38.2
4After the application referred to in the preceding paragraph is approved by the competent authority, the facility operator shall, within 30 days after exportation, enclose a photocopy of the export documentations, the original permit for use for those who have already obtained it, and the radiation workplace monitoring certificate in the case of exporting radioactive material, and submit to the competent authority for filing and reference.
1Paragraph 39.1
2When a facility operator permanently ceases the use of equipment capable of producing ionizing radiation and disposes of it by transfer, the assignee shall proceed as follows:
31.for equipment capable of producing ionizing radiation designated as requiring an application for a permission, the operator shall proceed in accordance with the stipulations of Articles 7 and 18.
42.for equipment capable of producing ionizing radiation designated as requiring an application for registration, the operator shall proceed in accordance with the stipulations of Articles 7 and 23.
5Paragraph 39.2
6If the assignee referred to in the preceding paragraph applies for possession, the assignee shall proceed in accordance with the stipulations of Articles 7 and 32.
When a facility operator permanently ceases the use of equipment capable of producing ionizing radiation and disposes of it by discard, the operator shall fill out an application form, enclose the original permit for use for those who have already obtained it and make an application to the competent authority for review and approval, after which he/she will independently render inoperable such parts of said equipment as designated by the competent authority and will either take a photograph for filing and reference or report to the competent authority for inspection.
1Paragraph 41.1
2When a facility operator permanently ceases the use of unsealed radioactive material workplace, the operator shall fill out an application form, enclose the following documents and make an application to the competent authority for review and approval, after which he/she shall process the decontamination in accordance with the approved plan:
31.the original permit for use for those who have already obtained it; and
42.decontamination plan.
5Paragraph 41.2
6The decontamination plan referred to in subparagraph 2 of the preceding paragraph shall include decontamination schedule, decontamination method, treatment for radioactive waste, division of the decontamination area and measures for personnel control.
7Paragraph 41.3
8Following completion of the decontamination process, the facility operator shall enclose a radiation workplace monitoring certificate, and report to the competent authority for inspection.
1Paragraph 42.1
2Applicants who apply for a permission for display of radioactive material or equipment capable of producing ionizing radiation shall meet one of the following criteria:
31.applicants shall be a business representative recognized by the competent authority to engage in sales service of radioactive material or equipment capable of producing ionizing radiation;
42.applicants shall possess the permission for manufacturing of equipment capable of producing ionizing radiation, issued according to the stipulations in Paragraph 30.1of this Act; or
53.other applicants approved by the competent authority.
6Paragraph 42.2
7The period of display referred to in the preceding paragraph shall not exceed two months.
1For a static display of equipment capable of producing ionizing radiation, applicants shall enclose the following documents and make an application to the competent authority for review and approval, after which the permission will be granted:
21.catalogs and explanatory diagrams; and
32.display plan and schedule.
1Paragraph 44.1
2For the following radioactive material or equipment capable of producing ionizing radiation, an application may be made for dynamic display:
31.radioactive material provided in Subparagraph 16.1.1 that forms a component of an instrument or manufactured product;
42.radioactive material provided in Subparagraph 16.1.2;
53.equipment capable of producing ionizing radiation provided in Subparagraphs 17.1.1 and 17.1.2; or
64.others as designated by the competent authority.
7Paragraph 44.2
8For the display referred to in the preceding paragraph, the applicant shall enclose the following documents and make an application to the competent authority for review and approval, after which the permission will be granted:
91.catalogs, explanatory diagrams and information regarding radiation safety;
102.radiation protection plan;
113.photocopies of credentials of relevant qualified operating personnel; and
124.display plan and schedule.
1Paragraph 45.1
2Applicants who apply for a lease permission for radioactive material or equipment capable of producing ionizing radiation shall possess one of the following qualifications:
31.government agency (institution);
42.university, college or academic research institute;
53.company or other juridical person;
64.a medical institution, medical care radiological clinic or medical examination clinic;
75.a veterinary medical institution; or
86.other qualifications as approved by the competent authority.
9Paragraph 45.2
10For the application for a lease referred to in the preceding paragraph, the following criteria shall be met:
111.the lessee or the borrower has qualified operating personnel or the personnel are provided by the lessor or the lender;
122.the applicant possesses an appropriate workplace or storage area; and
133.radioactive material or equipment capable of producing ionizing radiation shall be mobile, cabinet-mounted, vehicle-mounted or the radioactive material used for calibration purposes.
14Paragraph 45.3
15In cases where the vehicle-mounted equipment capable of producing ionizing radiation referred to in subparagraph 3 of the previous paragraph is for medical purposes, the requirement to apply for a lease permission may be waived upon announcement by the competent authority.
1Paragraph 46.1
2In an application for leasing radioactive material or equipment capable of producing ionizing radiation, the lessee or the borrower shall explain the reasons for leasing, enclose the following documents and make an application to the competent authority for review and approval, after which the permission will be granted:
31.a photocopy of the original permit for those who have already obtained it;
42.the lease contract specifying the proposed period of lease;
53.a workplace radiation safety assessment carried out in accordance with Article 20. For registration of radioactive material or equipment capable of producing ionizing radiation to be applied, the said assessment may be waived;
64.radiation protection plan and radiation safety operation guidelines;
75.a photocopy of certification of establishment or registration approved; waived for government agencies (institution); and
86.photocopies of relevant qualified operating personnel credentials and certificate of employment.
9Paragraph 46.2
10The duration of the lease permission referred to in the preceding paragraph is up to two years. When the lease period is over, the lessee or the borrower shall immediately return the material or the equipment to the lessor or the lender and shall, within one month, enclose a survey report and submit to the competent authority for filing and reference. For the sealed radioactive material conforming with the stipulation of Paragraph 54.1, a smear test report shall be submitted.
The workplace and the shielding planning for radioactive material or equipment capable of producing ionizing radiation shall be made in accordance with its scale and nature, and refer to the stipulations set forth in Appendix I.
1Paragraph 47-1.1
2For the security planning for sealed radioactive material of Category I or Category II, its contents shall refer to the matters stipulated in Appendix 2.
3Paragraph 47-1.2
4The security level and functions of sealed radioactive material of Category I or Category II shall be in accordance with the stipulations set forth in Table 3.
Prior to the implementation of the security plans for Category I or Category II sealed radioactive materials, if existing Category I or Category II sealed radioactive materials or permitted radiation practices are not in compliance with the provisions set forth in preceding Article, improvements shall be completed within one year from 16 January 2012, the effective date of the amended Regulations. However, extensions may be granted with the approval of the competent authority, limited to one year.
1If the practice of radioactive material or equipment capable of producing ionizing radiation has one of following conditions, the competent authority may revoke its permission, permit or registration:
21.the competent authority ordered the suspension of all its practices twice within one year; or ordered to suspend part of its practices three times in one year; or
32.the competent authority recognizes that there is concern about radiation safety of radioactive material or equipment capable of producing ionizing radiation, which may be detrimental to human health, safety or environmental ecology and that the situation can never be improved, the material or the equipment can never be used, or the situation cannot be improved within a prescribed time for over half a year.
The radiation safety survey for radioactive material or equipment capable of producing ionizing radiation and the smear test for sealed radioactive material shall be conducted by a radiation protection detection service provider authorized by the competent authority or radiation protection personnel designated by the facility operator.
A facility operator using unsealed radioactive material shall conduct a contamination survey of the workplace once per week or after each operation and maintain records. At least twice a year, samples of discharged wastewater shall be collected and analyzed for radionuclides.
1For radioactive materials or equipment capable of producing ionizing radiation as specified in the following documents, the facility operator shall verify the inventory account and usage status every six months, record the findings, and retain the records for future reference:
21.the permit for use or the permission for possession of radioactive material, and the registration approved by the competent authority.
32.the permit for use or the permission for possession of equipment capable of producing ionizing radiation.
1Paragraph 52.1
2A facility operator who uses, ceases to use or possesses sealed radioactive material shall report to the competent authority within the first 15 days of each month on the status of use, cease of use or possession in the preceding month with regard to the said material.
3Paragraph 52.2
4The report referred to in the preceding paragraph may be filed via the Internet.
After permission for the import of radioactive material has been granted by the competent authority, the applicant shall, upon arrival of the material, confirm the integrity of the packaging and the package surface, measure the surface dose rate, conduct a smear test and make a record of them. However, the above requirement does not apply to the radioactive material with an activity or an activity concentration less than 100 times the exemption level, excepted packages, or the radioactive material that itself is a noble gas.
1Paragraph 54.1
2If a facility operator uses, ceases to use, or possesses a sealed radioactive material, the operator shall conduct a sealed radioactive material smear test within the time period prescribed in Paragraph 54.3 and retain a record for filing and reference. However the following sealed radioactive material may be waived for the smear test:
31.sealed radioactive material used for calibration in a liquid scintillation counter;
42.sealed gaseous radioactive material;
53.sealed radioactive material with a half-life of not exceeding 30 days;
64.beta- or gamma-emitting radioactive nuclide with an activity of not exceeding 3.7 MBq;
75.alpha-emitting radioactive nuclide with an activity of not exceeding 370 kBq; and
86.other materials as designated by the competent authority.
9Paragraph 54.2
10If the radioactive nuclide referred to in the preceding paragraph is radium, the smear test shall include a test for radon leakage.
11Paragraph 54.3
12Smear test reports of sealed radioactive material shall be made by the facility operator according to the timeframes prescribed below:
131.once every six months for sealed radioactive material in teletherapy equipment and remote after-loading brachytherapy equipment;
142.once a year for sealed radioactive material of other uses;
153.once every three years for americium-241 or nickel-63 contained in toxic gas detectors; or
164.other actions announced by the competent authority shall be completed according to the prescribed timeframes.
17Paragraph 54.4
18If the smear test results referred to in Paragraph 54.1 exceed 185 Bq, the facility operator shall cease the uses immediately and report to the competent authority within seven days.
The stipulated radiation survey report, smear test report, monitoring records of liquid waste samples, measuring records of workplace and periodic check records shall all be retained for five years.
Applying for or renewing various permission, permits, or registration in conformity with this Regulations, the documents for review or the information to be filled out that the applicant shall enclose may, besides those have been stipulated in this Regulations, be designated and announced by the competent authority as needed.
(Deleted)
The format for all the documents and the forms stipulated in this Regulations shall be prescribed by the competent authority.
This Regulations shall be put into practice from the date of promulgation.