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National Radiation Laboratory |
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Regulatory
NRL Matters No. 17
Reviewed December 2008
This publication can be downloaded as a PDF (115 kB)
Storage, Sale and Disposal of Irradiating Apparatus
The Radiation Protection Act 1965 (the Act) and Radiation Protection Regulations 1982 (the Regulations) set out requirements relating to the storage, sale and disposal of irradiating apparatus. This document identifies and explains those requirements.
What is irradiating apparatus?
The definition in the Act includes x‑ray equipment used for dental, medical, chiropractic, veterinary and podiatric diagnosis, x-ray equipment used for research, industrial radiography and security purposes, x-ray diffraction and analysis units, and some x-ray fluorescence units. It also includes accelerators producing electrons, x‑rays or charged particles such as linear accelerators used in medicine, industry or research. Electron beam welders are also examples of irradiating apparatus. Such equipment is considered to be irradiating apparatus if it requires only minor adjustments and attachment to a power source to generate x-rays.
Owner's obligations
Regulation 9 of the Regulations requires owners of irradiating apparatus to ensure that a suitably licensed person is responsible for the safe care of that apparatus. Otherwise, the owner must either store the apparatus to the satisfaction of the Director-General of Health or render it permanently inoperative.
What is meant by "storage to the satisfaction of the Director-General"?
There are two components to satisfying storage requirements. First, it must not be a simple matter to energise the apparatus, either inadvertently or deliberately. Second, the apparatus must be secure from tampering, theft or loss. Normally this requires:
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removal from the mains supply (by removal of the mains lead or supply fuses), and
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securing the unit for example by keeping it in a room that is either locked or has controlled access.
Other storage requirements
Owners must make the stored apparatus and any related records available for inspection by officers of the National Radiation Laboratory (NRL).
Disposal
Irradiating apparatus must be rendered inoperative before disposal. This means that it would not be practicable for a person to restore the unit to a condition where it was capable of producing x‑rays. Puncturing the glass tube within the x‑ray head and/or destroying vital components in the x‑ray generator can achieve this. Radiation signs such as trefoils must be removed or obscured. When these requirements have been met the apparatus can be considered scrap and disposed of accordingly.
Please note that additional disposal conditions may apply if the x-ray tube contains hazardous material. Examples include x-ray tubes with beryllium windows, or some pre-1979 tubes with cooling oil containing PCBs.
Disposal of irradiating apparatus is regarded as a sale pursuant to Section 2 of the Act, and any disposals must therefore comply with the sale notification requirements set out below.
What constitutes selling?
The definition of “sell” in the Act covers a wide range of actions including sale (by means of a financial transaction), gift, hire, lease, loan, or disposal.
Legal obligations of the vendor
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Licence – the vendor must ensure that the prospective purchaser holds a current licence under the Act that authorises the use of the particular type of irradiating apparatus.
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Notification – a vendor who is in New Zealand at the date of sale must also notify the NRL of the sale.
Legal obligations of the purchaser
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Licence – the purchaser must appoint a safe care licensee (see above) and must also ensure that only suitably licensed persons (or persons acting under the supervision or instructions of such a person) are permitted to use the apparatus.
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Notification – if the vendor is outside New Zealand at the date of sale then the purchaser must notify the sale to NRL.
The notification process
Section 14 of the Act provides that sales must be notified forthwith. NRL has developed a standard form which is appended to this document or can be obtained from www.nrl.moh.govt.nz/regulatory/notification.asp#sale
Failure to comply with these requirements is a breach of the legislation and may be subject to penalties as prescribed in Section 26(2) of the Act.