X-ray Variance

MDH authority

MDH has the authority to grant a variance to various Division of Environmental Health rules as described in Minnesota Rules, parts 4717.7000 through 4717.7050.

Variance request

A Variance Request must:

• Be granted from MDH prior to performing or implementing any activities requested in the variance.
• Be submitted by a facility registered with the X-ray Unit and will not be reviewed until the facility has registered with MDH.
• Include a signature from the administrator and radiation safety officer.
• Be requested by a registrant, not through a manufacturer, seller, distributor, or service representative on behalf of a registrant.

A variance request must contain the following items:

1. The rule citation (e.g. Minnesota Rules, part 4732.XXXX, item X, ....) and the specific language in the rules from which you wish to vary.
2. The reasons why the requirements in the rule cannot be met. NOTE: Expense is not a reason to request a variance.
3. The alternative measures or procedures that you will take to provide a comparable degree of protection to the public health or the environment if a variance is granted.
4. The length of time for which the variance is requested.
5. A statement that you will comply with the terms of the variance, if granted.
6. Other relevant information which is necessary for MDH to evaluate your request. This should include photos, diagrams or other documents that indicate the location, and type.

All sections of the request must be completed or your submittal will be returned. Incomplete requests will not be reviewed and will be returned to the registrant.

• Variance Request (PDF)

Alternative measures

In granting a variance, alternative measures or conditions attached to a variance, have the force and effect of MDH Chapter 4732, X-ray Rules. If the variance conditions are violated, the registrant is subject to enforcement actions and penalties the same as if you violated the MDH Chapter 4732, X-ray Rules.