PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Environmental health program fees, chapter 246-225 WAC, [WAC 246-254-053] Radiation machine facility registration fees.
Purpose: Revise fee schedule for x-ray facilities, increasing them to the fiscal growth factor of 3.32%.
Statutory Authority for Adoption: RCW 43.70.250.
Summary: Fees support public health activities in the radiation protection programs, x-ray program and need to be adjusted to compensate for inflation.
Reasons Supporting Proposal: Fees are necessary to continue program activities at their current level.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mike Odlaug, 1511 3rd Avenue, Seattle, WA 98101, (206) 464-5408.
Name of Proponent: Department of Health, Environmental Health Programs, Radiation Protection Program, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of these rules are to guarantee that programs have sufficient revenue to fulfill the obligation to protect public health, in order to do this; fees must be increased to support services the Department of Health provides. With the revenue increased, programs will be able to maintain the current level of public health activities.
Proposal Changes the Following Existing Rules: The change to the existing rule is a proposed fee increase only.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules that set or adjust fees pursuant to legislative standards are exempt from the Regulatory Fairness Act.
RCW 34.05.328 does not apply to this rule adoption. Rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of RCW 34.05.328.
Hearing Location: Melbourne Tower, 7th Floor Conference Room, 1511 3rd Avenue, Seattle, WA 98101, on May 25, 1999, at 10:00.
Assistance for Persons with Disabilities: Contact Mike Odlaug, (206) 464-5408 by May 18, 1999, TDD 1-800-833-6388.
Submit Written Comments to: Mike Odlaug, fax (206) 464-5408 by May 24, 1999.
Date of Intended Adoption: June 1, 1999.
April 20, 1999
K. Van Gorkom
Deputy Secretary
OTS-2963.2
AMENDATORY SECTION(Amending WSR 98-11-066, filed 5/19/98, effective 7/1/98)
WAC 246-254-053
Radiation machine facility registration fees.
(((1) Persons owning
and/or leasing and using radiation-producing machines shall submit a forty-five dollar
registration fee to the department at the time of application and every year thereafter. In
addition, the annual tube fees are:
(a) Group A - For dental, veterinary, and podiatric uses:
(i) Forty-five dollars for the first tube in Group A; and
(ii) Twenty-two dollars and fifty cents for each additional tube.
(b) Group B - For hospitals and medical or chiropractic uses:
(i) One hundred twenty-five dollars for the first tube in Group B; and
(ii) Sixty-four dollars and fifty cents for each additional tube.
(c) Group C - For industrial, research, and other uses:
(i) Seventy dollars for the first tube in Group C; and
(ii) Twenty-two dollars and fifty cents for each additional tube.
(d) Group D - No tube fee shall be charged for electron microscopes, mammographic X-ray machines, bone densitometers or airport baggage cabinet X-ray systems.
(2) The department shall charge a maximum annual total fee of two-thousand eight-hundred twenty-five dollars for any facility or group of facilities where an in-house, full-time staff of at least two or more is devoted entirely to in-house radiation safety.
(3) A penalty fee of forty-five dollars shall be charged for late registration or late reregistration. See WAC 246-224-020 and 246-224-050.
(4) A fee of ninety dollars per X-ray room shall be charged for review of X-ray shielding calculations and floor plans submitted under WAC 246-225-030.
(5) A penalty fee of forty-five dollars shall be charged to a facility where submittal of X-ray shielding calculations and floor plans required by WAC 246-225-030 was not made before the X-ray machine installation.
(6) Facilities electing to consolidate X-ray machine registrations into a single registration shall document in writing to DOH that their facilities are under one business license.
(7) Any X-ray facility found unregistered will be billed registration fees for the period of time since X-ray machine installation and/or operation.)) (1) Radiation machine facility fees apply to each person or facility owning, leasing and using radiation-producing machines.
| FEE TYPE | FEE |
| (a) Annual Base Registration Fee | $46 |
| (b) X-ray Shielding Review Fee | $90 for each X-ray room |
| (c) Late registration or re-registration | $46 |
| (d) Penalty for operating without X-ray Shielding Calculations and Floor Plan Review | $45 |
| (e) Penalty for operating without registration | $46 for each year of unregistered operation |
| (f) Tube Fees | See Table 1 |
| TABLE 1
| ||
| Group | First Tube | Each Additional Tube |
| (i) Group A: Dental, Podiatric, Veterinary uses | $46 | $23 |
| (ii) Group B: Hospital, Medical, Chiropractic uses | $127 | $66 |
| (iii) Group C: Industrial, research, and other uses | $70 | $23 |
| (iv) Group D: Electron Microscopes, Mammographic X-ray Machines, Bone Densitometers, and Airport Baggage Cabinet X-ray Systems | NA | NA |
(2) 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 two thousand nine hundred
dollars.
(3) 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.
[Statutory Authority: RCW 43.70.110. 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.]