N.D. Admin. Code 33.1-10-01-05

Current through Supplement No. 395, January, 2025

Section 33.1-10-01-05 - Exemptions

1.General provision. The department may, upon application therefore or upon its own initiative, grant such exemptions or exceptions from the requirements of this article as it determines are authorized by law and will not result in undue hazard to public health and safety or property.

2.United States department of energy contractors and United States nuclear regulatory commission contractors. Any United States department of energy contractor or subcontractor and any United States nuclear regulatory commission contractor or subcontractor of the following categories operating within this state is exempt from this article to the extent that such contractor or subcontractor under the contractor's or subcontractor's contract receives, possesses, uses, transfers, or acquires sources of radiation:

a. Prime contractors performing work for the United States department of energy at United States government-owned or government-controlled sites, including the transportation of sources of radiation to or from such sites and the performance of contract services during temporary interruptions of such transportation.

b. Prime contractors of the United States department of energy performing research in, or development, manufacture, storage, testing, or transportation of, atomic weapons or components thereof.

c. Prime contractors of the United States department of energy using or operating nuclear reactors or other nuclear devices in a United States government-owned vehicle or vessel.

d. Any other prime contractor or subcontractor of the United States department of energy or the nuclear regulatory commission when the state and the nuclear regulatory commission jointly determine that:

(1) Under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety; and

(2) The exemption of the prime contractor or subcontractor is authorized by law.

N.D. Admin Code 33.1-10-01-05

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

General Authority: NDCC 23.1-03-04, 28-32-02; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-03-04, 23.1-03-07, 23.1-03-08; S.L. 2017, ch. 199, § 18