Legislative: |
Original 10 Articles promulgated by Atomic Energy Council, Executive Yuan on January 22, 2003 under Decree No. Hui-Fu-Tzu 0920001585 Articles 3, 4, 5, and 10 revised and promulgated by Atomic Energy Council, Executive Yuan on January 7, 2011 under Decree No. Hui-Fu-Tzu 1000000087 Amendment of Articles 4 on December 24, 2012 by the Atomic Energy Council Per its decree No. Huei-Fu-Tsu 1010020804 |
Content: |
Article 1
These regulations are stipulated pursuant to Article 29,
Paragraph 5 of the Ionizing Radiation Protection Act.
(hereinafter referred to as “this Act”)
Article 2
The type of high intensity radiation facilities (hereinafter
referred to as“facilities”) can be divided into the following:
1. Facilities that generate ionizing radiation by utilizing
a voltage greater than 30MV.
2. Facilities that generate ionizing radiation particle
energy greater than 30MeV.
3. Facilities that use sealed radioactive substances with
activity greater than 1000TBq.
Article 3
Persons who have received a radiation safety certificate or a
radiation related certificate accredited by the Competent
Authority as defined in the proviso of Article 31, Paragraph 1
of this Act, and completed facilities operation training and
practical operation training, may fill in an application form
with the following documents attached, and submit the
application through the facility operator to the Competent
Authority for review. Approved applicants will receive an
operator certificate.
1. Certificate of employment.
2. Copy of a radiation related certificate, as accredited by
the Competent Authority.
3. Certificate in operation training of facilities.
4. Certificate in practical operation training of
facilities (including commissioning period).
In the case where a foreign natural person is employed to do work
under a contract at a production facility of radioactive material,
relating to contracting, purchasing, technical support, or other
contract liability engaged in the R.O.C., the facility operator
shall submit the certificate, stating that the foreign natural
person possesses at least three months of operating experience with
similar facilities in a foreign country, to the Competent Authority
for review and approval before commencing the work.
Article 4
For the operation training and practical operation training of the
facilities mentioned in Article 3, the facility operator shall
provide the training course, training hours, instructors, and
trainee enrollment relating to the facility system and operating
technical specifications (including normal, unusual, and emergency
procedures) to the Competent Authority for review and approval
before commencing training.
The operation training hours of the above mentioned production
facilities shall not be less than 30 hours; practical operation
training hours shall not be less than 160 hours. The operation
training and practical operation training shall be completed
within two years from the approval of the Competent Authority;
however, it may be extended for one year if necessary. An
examination shall be given following the completion of training.
Only those who pass will receive the training certificate.
The practical operation training in Paragraph 1 shall be provided
by instructors who meet the qualifications as stipulated in these
Regulations for the operators.
Article 5
Operator certificates issued in accordance with these Regulations
shall be valid for six years. The operator may apply for renewal
of certificate within two months before the expiration date by
submitting a renewal application form with the following documents
through the facility operator to the Competent Authority for
approval:
1. Certificate of employment.
2. Qualification of physical checkup as defined in this Act.
3. Has received the following training or credits more than 36
hours in total during the period of certificate validity:
(1) The qualification of radioactive protection training held
by the radiation protection training providers, as accredited
by the Competent Authority.
(2) Educational credits or advanced education credits as listed
in Article 7, Paragraph 1 of Administrative Regulations
for Radiation Protection Personnel.
(3) Periodical educational training as defined in Article
14,Paragraph 4 of this Act.
The applicant with an expired certificate shall fill in the
application form along with the documentary proof of the
abovementioned training or credits of no less than 36 hours in the
past six years, and submit the application through the facility
operator to the Competent Authority for approval.
The credit for the aforesaid two items shall be counted as 1 hour
per credit.
Article 6
If the operator certificate is missing, destroyed or there is a
change of printed items during the valid period, the applicant
shall fill in the replacement application form with related
documentary proof attached, and submit the application through
the facility operator to the Competent Authority for reissue.
The period of effectiveness for the certificate is the same as
that for the original certificate.
Article 7
Persons who have received an above-intermediate level operation
license approved by the Competent Authority or passed an above-
intermediate level operation qualification test by the Competent
Authority prior to the implementation of this Act shall fill in
the application form with the operation license or qualification
attached, and submit the application through the facility
operator to the Competent Authority, for the replacement of the
operator certificate.
Article 8
If the documentary proof attached to the operation certificate
application form is found to be false, the Competent Authority
may revoke the issued operator certificate.
If persons are found to have committed one of the following
offenses, the Competent Authority may terminate the operator
certificate:
1.Personnel performance causing serious environmental
contamination or endangerment to human health.
2.The operator certificate has been leased or lent for use to
another person.
3.Violation of the professional Regulations.
4.A crime has been committed in the course of business
relating to Article 38 or 39 of this Act.
5.Any other situation determined by the Competent Authority to
be a major violation.
Persons whose operator certificate has been revoked or
terminated by the Competent Authority will not be allowed to
apply within one year after the effective date of revocation
or termination.
Article 9
The format for all documents and forms stipulated in the
Regulations shall be determined by the Competent Authority.
Article 10
These regulations shall take effect immediately on the day of
implementation of this Act.
The amendment to these regulations shall take effect on the day
of promulgation. |