W. Va. Code R. § 64-23-8

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-23-8 - Radiation Safety Requirements for Industrial Radiographic Operations
8.1. Purpose. The rules in this Section establish radiation safety requirements for using sources of radiation for industrial radiography. The requirements of this Section are in addition to, and not in substitution for, other applicable requirements of this rule.
8.2. Scope. The rules in this Section apply to all registrants who use sources of radiation for industrial radiography. Except for those rules of this Section clearly applicable only to sealed radioactive sources, both radiation machines and sealed radioactive sources are covered by this Section.
8.3 Definitions. As used in this Section, the following definitions apply:
8.3.1. Cabinet Radiography - industrial radiography conducted in an enclosure or cabinet shielded so that radiation levels at every location on the exterior meet the limitations specified in Subsection 6.5. of this rule.
8.3.2. Cabinet X-ray System - an x-ray system with the x-ray tube installed in an enclosure independent of existing architectural structures except the floor on which it may be placed. The cabinet x-ray system is intended to contain at least that portion of a material being irradiated, provide radiation attenuation, and exclude personnel from its interior during generation of radiation. Included are all x-ray systems designed primarily for the inspection of carry-on baggage at airline, railroad, and bus terminals, and in similar facilities. An x-ray tube used within a shielded part of a building, or x-ray equipment which may temporarily or occasionally incorporate portable shielding, is not considered a cabinet x-ray system.
8.3.3. Certified Cabinet X-ray System - an x-ray system which has been certified in accordance with 21 CFR 1010.2 as being manufactured and assembled pursuant to the provisions of 21 CFR 1020.40.
8.3.4. Collimator - a device used to limit the size, shape, and direction of the primary radiation beam.
8.3.5. Field Radiography - all industrial radiography other than cabinet radiography and shielded room radiography.
8.3.6. Industrial Radiography - the examination of the macroscopic structure of materials by nondestructive methods using sources of ionizing radiation to produce radiographic images.
8.3.7. Lixiscope - a portable light-intensified imaging device using a sealed source.
8.3.8. Permanent Radiographic Installation - an installation or structure designed or intended for radiography and in which radiography is regularly performed.
8.3.9. Personal Supervision - guidance and instruction provided to a radiographer trainee by a radiographer instructor who is present at the site, in visual contact with the trainee while the trainee is using sources of radiation, and in such proximity that immediate assistance can be given if required.
8.3.10. Radiographer - any individual who performs or personally supervises industrial radiographic operations and who is responsible to the registrant for assuring compliance with the requirements of this rule and all certificate of registration conditions.
8.3.11. Radiographer Instructor - any radiographer who has been authorized by the agency to provide on-the-job training to radiographer trainees in accordance with Paragraph 8.14.b.2.
8.3.12. Radiographer Trainee - any individual who, under the personal supervision of a radiographer instructor, uses sources of radiation, related handling tools, or radiation survey instruments during the course of his instruction.
8.3.13. Radiographic Exposure Device - any instrument containing a sealed source fastened or contained therein, in which the sealed source or shielding thereof may be moved, or otherwise changed, from a shielded to unshielded position for purposes of making a radiographic exposure.
8.3.14. Radiographic Personnel - any radiographer, radiographer instructor, or radiographer trainee.
8.3.15. Residential Location - any area where structures in which people lodge or live are located, and the grounds on which such structures are located including, but not limited to, houses, apartments, condominiums, and garages.
8.3.16. Shielded Position - the location within the radiographic exposure device or storage container which, by manufacturer's design, is the proper location for storage of the sealed source.
8.3.17. Shielded Room Radiography - industrial radiography which is conducted in an enclosed room, the interior of which is not occupied during radiographic operations, which is so shielded that every location on the exterior meets the limitations specified in Subsection 6.5. of this rule and the only access to which is through openings which are interlocked so that the radiation machine will not operate unless all openings are securely closed.
8.3.18. Source Changer - a device designed and used for replacement of sealed sources in radiographic exposure devices, including those source changers also used for transporting and storage of sealed sources.
8.3.19. Storage Area - any location, facility, or vehicle which is used to store, to transport, or to secure a radiographic exposure device, a storage container, or a sealed source when it is not in use and which is locked or has a physical barrier to prevent accidental exposure, tampering with, or unauthorized removal of the device, container, or source.
8.3.20. Storage Container - a device in which sealed sources are transported or stored.
8.3.21. Temporary Job Site - any location where industrial radiography is performed other than the location or locations listed in a specific registration or certificate of registration.
8.3.22. Transport Container - a package that is designed to provide radiation safety and security when sealed sources are transported and which meets all applicable requirements of the U.S. Department of Transportation.
8.4. Exemptions
8.4.a. Except for the requirements of Subdivision 8.22.b. and c., certified cabinet x-ray systems designed to exclude individuals from the interior of the cabinet are exempt from the requirements of this Section.
8.4.b. Industrial uses of lixiscopes are exempt from the requirements in this Section.
8.5. Limits on Radiation Levels for Radiography Exposure Devices and Storage Containers
8.5.a. Radiographic exposure devices measuring less than four (4) inches ten (10) cm from the sealed source storage position to any exterior surface of the device shall have no radiation level in excess of fifty (50) milliroentgens (one and twenty nine one hundred thousandths [1.29 x 10-5 ] C/kg) per hour at six (6) inches fifteen (15cm) from any exterior surface of the device. Radiographic exposure devices measuring a minimum of four (4) inches from the sealed source storage position to any exterior surface of the device, and all storage containers for sealed sources or outer containers for radiographic exposure devices, shall have no radiation level in excess of two hundred (200) milliroentgens per hour at any exterior surface, The radiation levels specified are with the sealed source in the shielded position.
8.5.b. Radiographic exposure devices measuring a minimum of four (4) inches ten (10) cm from the sealed source storage position to any exterior surface of the device, and all storage containers for sealed sources or outer containers for radiographic exposure devices, shall have no radiation level in excess of two hundred (200) milliroentgens (five and sixteen one hundred thousandths [5.16 x 10-5 ] C/kg) per hour at any exterior surface, and ten (10) milliroentgens (two and fifty eight one millionth [2.58 x 10-6] C/kg) per hour at thirty nine and four-tenths (39.4) inches (one [1] m) from any exterior surface. The radiation levels specified are with the sealed source in the shielded (i.e., "off") position.
8.6. Locking of Sources of Radiation - Each source of radiation shall be provided with a lock or outer lockable container designed to prevent unauthorized or accidental production of radiation or removal or exposure of a sealed source and shall be kept locked at all times except when under the direct surveillance of a radiographer or radiographer's assistant, or as may be otherwise authorized pursuant to Subdivision 8.18.a. Each storage container likewise shall be provided with a lock and kept locked when containing sealed sources except when the container is under the direct surveillance of a radiographer or radiographer's trainee.
8.6.a. Radiographic exposure devices, source changers, and storage containers, prior to being moved from one location to another and also prior to being secured at a given location, shall be locked and surveyed to assure that the sealed source is in the shielded position.
8.6.b. The sealed source shall be secured in its shielded position by locking the exposure device or securing the remote control each time the sealed source is returned to its shielded position. Then a survey shall be performed to determine that the sealed source is in the shielded position pursuant to Subdivision 8.19.b.
8.7. Storage Precautions
8.7.a. Locked radiographic exposure devices source changers, storage containers, and radiation machines shall be physically secured to prevent tampering or removal by unauthorized personnel.
8.7.b. Radiographic exposure devices, source changers, or transport containers that contain radioactive material shall not be stored in residential locations. This requirement does not apply to storage of radioactive material in a vehicle in transit for use at temporary job sites, if the registrant complies with Subdivision 8.7.c., and if the vehicle does not constitute a permanent storage location as described in 8.7.d.
8.7.c. If a vehicle is to be used for storage of radioactive material, a vehicle survey shall be performed after securing radioactive material in the vehicle and before transport to ensure that radiation levels do not exceed the limits specified in Subsection 6.5. of this rule at the exterior surface of the vehicle.
8.7.d. A storage or use location is permanent if radioactive material is stored at the location for more than ninety (90) days and any one or more of the following applies to the location:
8.7.d.1. Telephone service is established by the registrant;
8.7.d.2. Industrial radiographic services are advertised for or from the location;
8.7.d.3. Industrial radiographic operations are conducted at other sites due to arrangements made from the location.
8.8. Radiation Survey Instruments - The registrant shall maintain sufficient calibrated and operable radiation survey instruments to make physical radiation surveys as required by this Section and Section 12 of this rule. Instrumentation required by this Section shall have a range such that two (2) milliroentgens (five and sixteen billionths [5.16 x 10-7] C/kg) per hour through one (1) Roentgen (two and fifty-eight ten thousandths [2.58 x 10-4] C/kg) per hour can be measured.
8.8.a. The registrant shall maintain sufficient calibrated and operable radiation survey instruments to make physical radiation surveys as required by this Section and Subsection 6.5. of this rule. Instrumentation required by this Section shall have a range such that two (2) milliroentgens (five and sixteen billionths [5.16 x 10-7] C/kg) per hour through 1 Roentgen (two and fifty-eight ten thousandths [2.58 x 10-4 ] C/kg) per hour can be measured.
8.8.b. Each radiation survey instrument shall be calibrated:
8.8.b.1. At energies appropriate for use and at intervals not to exceed three (3) months and after each instrument servicing;
8.8.b.2. Such that accuracy within plus or minus twenty (20) percent can be demonstrated; and
8.8.b.3. At 2 points located approximately one-third (a) and two-thirds (b) of full-scale on each scale for linear scale instruments; at midrange of each decade, and at two (2) points of at least one (1) decade for logarithmic scale instruments; and at appropriate points for digital instruments.
8.8.c. Records of these calibrations shall be maintained for two (2) years after the calibration date for inspection by the agency.
8.8.d. Each radiation survey instrument shall be checked with a radiation source at the beginning of each day of use and at the beginning of each work shift to ensure it is operating properly.
8.9. Leak Testing, Repair, Tagging, Opening, Modification, and Replacement of Sealed Sources
8.9.a. The replacement of any sealed source fastened to or contained in a radiographic exposure device and leak testing, repair, tagging, opening, or any other modification of any sealed source shall be performed only by persons specifically authorized to do so by the agency, the U.S. Nuclear Regulatory Commission, or any agreement state.
8.9.b. Each sealed source shall be tested for leakage at intervals not to exceed six (6) months. In the absence of a certificate from a transferor that a test has been made within the six-month period prior to the transfer, the sealed source shall not be put into use until tested.
8.9.c. The leak test shall be capable of detecting the presence of five one-thousandths (0.005) microcurie (one hundred eighty five [185] Bq) of removable contamination on the sealed source. An acceptable leak test for sealed sources in the possession of a radiography registrant would be to test at the nearest accessible point to the sealed source storage position or other appropriate measuring point by a procedure to be approved by the agency. The applicant who desires to conduct his own leak test shall establish adequate procedures to be followed in leak testing sealed sources for possible leakage and contamination and shall submit to the agency a description of such procedures including:
8.9.c.1. Instrumentation to be used;
8.9.c.2. Method of performing tests, e.g., points on equipment to be smeared and methods of taking smear; and
8.9.c.3. Pertinent experience of the person who will perform the test.
8.9.d. Records of leak test results shall be kept in units of microcuries (Becquerels) and maintained for inspection by the agency.
8.9.e. Any test conducted pursuant to Subdivisions 8.9.b. and c. of this part which reveals the presence of five one-thousandths [0.005] microcurie (one hundred eighty five [185] Bq) or more of removable radioactive material shall be considered evidence that the sealed source is leaking. The registrant shall immediately withdraw such defective equipment from use and shall cause it to be decontaminated and repaired or to be disposed of, in accordance with rules of the agency. Within five (5) days after obtaining results of the test, the registrant shall file a report with the agency describing the equipment involved, the test results, and the corrective action taken.
8.9.f. Each radiographic exposure device shall have permanently attached to it a durable tag at least one (1) inch square bearing the prescribed radiation caution symbol in conventional colors, magenta or purple on a yellow background, and at least the instructions: "Danger--Radioactive Material--Do Not Handle-Notify Civil Authorities if Found."
8.10. Quarterly Inventory - Each registrant shall conduct a quarterly physical inventory to account for all sources of radiation received or possessed by him. The records of the inventories shall be maintained for two (2) years from the date of the inventory for inspection by the agency and shall include the quantities and kinds of radioactive material, the location of all sources of radiation, the date of the inventory, the name of the individual making the inventory, the manufacturer, the model and the serial number.
8.11. Utilization Logs - Each registrant shall maintain current logs, which shall be kept available for inspection by the agency for two (2) years from the date of the recorded event, showing for each source of radiation the following information:
8.11.a. A unique identification, such as a serial number, of each radiation machine, each radiographic exposure device in which a sealed source is located and each sealed source;
8.11.b. The identity of the radiographer to whom assigned;
8.11.c. Locations where used and date or dates each source of radiation was removed from storage and returned to storage; and
8.11.d. The voltage, current, and exposure time for each radiographic exposure employing a radiation machine.
8.12. Inspection and Maintenance
8.12.a. Each registrant shall ensure that checks for obvious defects in radiation machines, radiographic exposure devices, storage containers, and source changers are performed prior to each day or shift of use.
8.12.b. Each registrant shall conduct a program of at least quarterly inspection and maintenance of radiation machines, radiographic exposure devices, storage containers, and source changers to assure proper functioning of components important to safety. All appropriate parts shall be maintained in accordance with manufacturer's specifications. Records of inspection and maintenance shall be maintained for inspection by the agency for two (2) years from the date of the recorded event.
8.12.c. If any inspection conducted pursuant to Subdivisions 8.12.a or b. reveals damage to components critical to radiation safety, the device shall be removed from service and labeled as defective until repairs have been made.
8.13. Permanent Radiographic Installations. Permanent radiographic installations having high radiation area entrance controls of the type described in Subsection 6.19. of this rule shall also meet the following requirements:
8.13.a. Each entrance that is used for personnel access to the high radiation area shall have both visible and audible warning signals to warn of the presence of radiation. The visible signal shall be activated by radiation. The audible signal shall be activated when an attempt is made to enter the installation while the source is exposed.
8.13.b. The control device or alarm system shall be tested for proper operation at the beginning of each day of equipment use. If a control device or alarm system is operating improperly, it shall be immediately labeled as defective and repaired before industrial radiographic operations are resumed. Records of these tests shall be maintained for inspection by the agency for two (2) years from the date of the event.
8.14. Personal Radiation Safety Requirements for Radiographic Personnel
8.14.a. Training and Testing
8.14.a.1. No registrant shall permit any individual to act as a radiographer trainee unless such individual has received copies of, instructions in, and has demonstrated an understanding of:
8.14.a.1.A. The subjects outlined in Table 64-23 X;
8.14.a.1.B. The rules contained in this Section and the applicable Sections of 6,13 and 14 of this rule;
8.14.a.1.C. The appropriate registration or certificate of registration; and
8.14.a.1.D. The registrant's operating and emergency procedures.
8.14.b. No registrant shall permit any individual to act as a radiographer, as defined in this Section, until such individual:
8.14.b.1. Has met the requirements of Paragraph 8.14.a.1.;
8.14.b.2. Has provided the agency with documentation on agency form r or equivalent showing completion of at least thirty (30) days of on-the-job training by a radiographer instructor as a radiographer trainee following completion of the requirements of Paragraph 8.14.a.1.;
8.14.b.3. has demonstrated competence in the use of sources of radiation, radiographic exposure devices, related handling tools, and radiation survey instruments which may be employed in industrial radiographic assignments; and
8.14.b.4. has demonstrated an understanding of the instructions in Paragraph 8.14.a.1. by successful completion of a written test and a field examination on the subjects covered.
8.14.b.5 has successfully completed an examination administered by the agency or its agent.
8.14.c. Records of the above training, including copies of written tests and dates of oral tests and field examinations, shall be maintained by the registrant for inspection by the agency for three (3) years following termination of employment.
8.14.d. Each registrant shall conduct an internal audit program to ensure that the agency's radioactive material registration conditions and the registrant's operating and emergency procedures are followed by each radiographer. These internal audits shall be performed at least quarterly, and each radiographer shall be audited at least quarterly. Records of internal audits shall be maintained for inspection by the agency for two (2) years from the date of the audit.
8.15. Operating and Emergency Procedures - The registrant's operating and emergency procedures shall include instructions in at least the following:
8.15.a. The handling and use of sources of radiation to be employed such that no person is likely to be exposed to radiation doses in excess of the limits established in Section 6.;
8.15.b. Methods for controlling access to radiographic areas;
8.15.c. Methods and occasions for conducting radiation surveys;
8.15.d. Methods and occasions for locking and securing sources of radiation;
8.15.e. Personnel monitoring and the use of personnel monitoring equipment, including steps that must be taken immediately by radiography personnel in the event a pocket dosimeter is found to be off-scale;
8.15.f. Transportation to field locations, including packing of sources of radiation in the vehicles, posting of vehicles, and control of sources of radiation during transportation;
8.15.g. Minimizing exposure of persons in the event of an accident;
8.15.h. The procedure for notifying proper persons in the event of an accident; and
8.15.i. Maintenance of records.
8.15.j. The inspection and maintenance of radiographic exposure devices, source changers, storage containers, and radiation machines.
8.16. Personnel Monitoring Control
8.16.a. No registrant shall permit any person to act as a radiographer or as a radiographer's trainee unless, at all times during radiographic operations, each such person shall wear a film badge or thermoluminescent dosimeter (TLD) and a direct reading pocket dosimeter. Pocket dosimeters shall be capable of measuring exposures from zero (0) to at least two hundred (200) milliroentgens (five and sixteen one hundred thousandths [5.16 x 10-5] C/kg) and shall be recharged daily or at the start of each shift. Each film badge or TLD shall be assigned to and worn by only one person.
8.16.b. Pocket dosimeters shall be read and exposures recorded daily. A film badge or TLD shall be immediately processed if a pocket chamber or pocket dosimeter is discharged beyond its range.
8.16.c. Pocket dosimeters shall be checked for correct response to radiation at periods not to exceed one (1) year. Acceptable dosimeters shall read within plus or minus thirty (30) percent of the true radiation exposure. Records of this check shall be maintained for inspection by the agency for two (2) years from the date of the event.
8.16.d. If an individual's pocket dosimeter is discharged beyond its range, industrial radiographic operations by that individual shall cease and the individual's film badge or TLD shall be processed immediately. The individual shall not return to work with sources of radiation until a determination of the radiation exposure has been made.
8.16.e. Reports received from the film badge or TLD processor and records of daily pocket dosimeter readings shall be kept for inspection by the agency until the agency authorizes disposition.
8.16.f. If a film badge or TLD is lost or damaged, the worker shall cease work immediately until a replacement film badge or TLD is provided and the exposure is calculated for the time period from issuance to loss or damage of the film badge or TLD.
8.17. Supervision of Radiographer Trainee. Whenever a radiographer trainee uses radiographic exposure devices, sealed sources or related source handling tools, or conducts radiation surveys required by Subdivisions 8.19.b. and c. to determine that the sealed source has returned to the shielded position after an exposure, the radiographer trainee shall be under the personal supervision of a radiographer instructor.
8.18. Precautionary Procedures in Radiographic Operations
8.18.a. Security. During each radiographic operation, the radiographer, radiographer instructor or radiographer trainee shall maintain a direct surveillance of the operation to protect against unauthorized entry into a high radiation area, as defined in Section 6. of this rule, except:
8.18.a.1. Where the high radiation area is equipped with a control device or alarm system as described in Subsection 6.19. of this rule, or
8.18.a.2. Where the high radiation area is locked to protect against unauthorized or accidental entry.
8.18.b. Posting. Areas in which radiography is being performed shall be conspicuously posted as required by Subdivision 6.2. of this rule.
8.19. Radiation Surveys and Survey Records
8.19.a. No radiographic operation shall be conducted unless calibrated and operable radiation survey instrumentation, as described in Subsection 8.8., is available and used at each site where radiographic exposures are made.
8.19.b. A survey with a radiation survey instrument shall be made after each radiographic exposure to determine that the sealed source has been returned to its shielded position. The entire circumference of the radiographic exposure device shall be surveyed. If the radiographic exposure device has a source guide tube, the survey shall also include the entire length of the guide tube.
8.19.c. A survey shall be made of the storage area as defined in Subdivision 8.5.a. whenever a radiographic exposure device is being placed in storage.
8.19.d. A physical radiation survey, as specified in Subsection 8.6., shall be made to determine that each sealed source is in its shielded position prior to securing the radiographic exposure device, storage container, or source changer in a storage area as defined in Subdivision 8.5.a.
8.19.e. A physical radiation survey shall be made after each radiographic exposure using radiation machines to determine that the machine is "off".
8.19.f. Records shall be kept of the surveys required by Subdivisions 8.19.c and d. Such records shall be maintained for inspection by the agency for two (2) years after completion of the survey. If the survey was used to determine an individual's exposure, however, the records of the survey shall be maintained until the agency authorizes their disposition.
8.20. Documents and Records Required at Temporary Job sites. Each registrant conducting industrial radiography at a temporary jobsite shall have the following records available at that site for inspection by the agency:
8.20.a. Appropriate registration or certificate of registration or equivalent document;
8.20.b. Operating and emergency procedures;
8.20.c. Applicable rules;
8.20.d. Survey records required pursuant to Subsection 8.19. and area survey records required pursuant to Subdivision 6.15.a. of this rule for the period of operation at the site;
8.20.e. Daily pocket dosimeter records for the period of operation at the site; and
8.20.f. The latest instrument calibration and leak test records for specific devices and sealed sources in use at the site. Acceptable records include tags or labels which are affixed to the device or survey meter.
8.21. Specific Requirements for Radiographic Personnel Performing Industrial Radiography
8.21.a. At a jobsite, the following shall be supplied by the registrant:
8.21.a.1. At least one operable, calibrated survey instrument;
8.21.a.2. A current whole body personnel monitor (TLD or film badge) for each individual;
8.21.a.3. An operable, calibrated pocket dosimeter with a range of zero (0) to two hundred (200) milliroentgens (five and sixteen one hundred thousandths [5.16 x 10-5] C/kg) for each worker; and
8.21.a.4. The appropriate barrier ropes and signs.
8.21.b. Industrial radiographic operations shall not be performed if any of the items in Subdivision 8.20.a. are not available at the jobsite or are inoperable.
8.21.c. Each registrant shall provide as a minimum two (2) radiographic personnel when sources of radiation are used at temporary job sites. If one of the personnel is a radiographer trainee, the other shall be a radiographer instructor.
8.21.d. No individual other than a radiographer or a radiographer trainee who is under the personal supervision of a radiographer instructor shall manipulate controls or operate equipment used in industrial radiographic operations.
8.21.e. No individual shall act as a radiographer instructor unless such individual:
8.21.e.1. Has met the requirements of 8.14.a..;
8.21.e.2. Has 1 year of documented experience as a radiographer; and
8.21.e.3. Has been named as a radiographer instructor on the registration or registration certificate issued by the agency.
8.21.f. During an inspection by the agency, the agency inspector may terminate an operation if any of the items in Subdivision 8.21.a. are not available and operable or if the required number of radiographic personnel are not present. Operations shall not be resumed until such conditions are met.
8.22. Special Requirements and Exemptions for Cabinet Radiography
8.22.a. Systems for cabinet radiography designed to allow admittance of individuals shall:
8.22.a.1. Comply with all applicable requirements of this Section and Subsection 6.5. of this rule. If such a system is a certified cabinet x-ray system, it shall comply with all applicable requirements of this Section and 21 CFR 1020.40.
8.22.a.2. Be evaluated at intervals not to exceed 1 year to assure compliance with the applicable requirements as specified in Paragraph 8.21.a.1. Records of these evaluations shall be maintained for inspection by the agency for a period of two (2) years after the evaluation.
8.22.b. Certified cabinet x-ray systems designed to exclude individuals from the interior of the cabinet are exempt from the requirements of this Section except that:
8.22.b.1. Operating personnel must be provided with either a film badge or a thermoluminescent dosimeter, and reports of the results shall be maintained for inspection by the agency.
8.22.b.2. No registrant shall permit any individual to operate a cabinet x-ray system until such individual has received a copy of and instruction in the operating procedures for the unit and has demonstrated competence in its use. Records which demonstrate compliance with this Subparagraph shall be maintained for inspection by the agency until disposition is authorized by the agency.
8.22.b.3. Tests for proper operation of high radiation area control devices or alarm systems, where applicable, shall be conducted, recorded, and maintained in accordance with Subsection 8.13.
8.22.b.4. The registrant shall perform an evaluation, at intervals not to exceed one (1) year, to determine conformance with Subsection 6.5. of this rule. If such a system is a certified cabinet x-ray system, it shall be evaluated at intervals not to exceed one (1) year to determine conformance with 21 CFR 1020.40. Records of these evaluations shall be maintained for inspection by the agency for a period of two (2) years after the evaluation.
8.22.c. Certified cabinet x-ray systems shall be maintained in compliance with 21 CFR 1020.40 unless prior approval has been granted by the agency pursuant to Subsection 4.1. of this rule.
8.23. Prohibitions. Industrial radiography performed with a sealed source which is not fastened to or contained in a radiographic exposure device, known as fishpole radiography, is prohibited unless specifically authorized in a registration issued by the agency.

W. Va. Code R. § 64-23-8