Section He-P 4040.06 - Exemptions(a) Any electronic equipment that produces ionizing radiation incidental to its operation shall be exempt from the requirements of this part provided that the dose equivalent rate averaged over an area of 10 square centimeters does not exceed 5 µSv (0.5 millirem) per hour at 5 centimeters from any accessible surface of such equipment.(b) Any radiation or MRI machine while in transit or in storage incident thereto shall be exempt from the registration requirements of this part.(c) Domestic television receivers and video display terminals shall be exempt from the requirements of this part.(d) Permanently inoperable radiation or MRI machines shall be exempt from the requirements of this part.(e) Loaner machines, as defined in He-P 4041, shall be exempt from the requirements of this part as long as the loan does not exceed the 30 days. If the loaner machine remains in the state after 30 days, the registrant shall comply with He-P 4040.04, He-P 4040.05, and He-P 4070. The registrant shall submit written notification to DHHS/RHS regardless of the duration of use of the loaner machine. Notification shall include registrant name, and the machine make, model, serial number and acquisition date.(f) Financial institutions that take possession of a radiation or MRI machine as a result of foreclosure, bankruptcy, or other default of payment shall be exempt from the requirements in this part to the extent that they demonstrate that the unit is only operable for the sole purpose of selling or leasing the unit.(g) An individual employed by a registrant to perform, on an in-house basis only, calibrations, equipment performance evaluations, or minor repairs of that registrant's diagnostic or industrial radiation or MRI machines, shall be exempt from the service provider registration requirements of this part, unless the individual also provides these services to other registrants.(h) The following shall not be exempt: (1) Electron beam welders;(2) Electron microscopes;(3) Providers of radiation or MRI machines for mobile services; and(4) Providers of service for electronic equipment in (a) above during testing or servicing.(i) When the registrant of the portable radiation machine, used solely for security-related, non-human imaging applications, is a state agency or local government, the registrant shall be exempt from the payment of the registration fee as required under He-P 4070.06. The registrant shall ensure that possession and use of the radiation machine comply with all applicable requirements of He-P 4000, New Hampshire Rules for the Control of Radiation.N.H. Admin. Code § He-P 4040.06
#6827, eff 8-6-98; ss by #7919, eff 7-18-03; amd by #9945-A, eff 6-22-11, (paras (a) & (c)-(e)); amd by #9945-B, eff 6-22-11, (para (b))
Amended by Volume XXXV Number 27, Filed July 9, 2015, Proposed by #10864, Effective 6/25/2015, Expires 6/25/2025.Amended by Volume XLI Number 45, Filed November 10, 2021, Proposed by #13280, Effective 10/21/2021, Expires 10/21/2031.