Exclusions
Effective Oct 31, 1997MGL c. 111, §§ 5M, 5N, 5O, 5PDepartment of Public Health
(A) The following radiofrequency facilities are excluded from all requirements of 105 CMR 122.000:
- (1) Facilities maintained by the Federal government;
- (2) Radiofrequency machines which are in storage, shipment or on display for sale, provided such machines are not operated; and,
- (3) Radiofrequency machines not connected to a radiating device.
(B) The following radiofrequency facilities are excluded from all requirements of 105 CMR 122.021:
- (1) All non-fixed radiofrequency machines such as; portable, hand-held and vehicular radiofrequency machines;
- (2) All scientific and medical machines operating at frequencies designated for that purpose by the FCC and all Class A and B computing devices as defined by FCC;
- (3) Radiofrequency machines which have an effective radiated power of seven watts or less; and,
- (4) Radiofrequency machines which are designated and marketed as consumer products (except microwave ovens) such as; citizen band radios, remote control toys.
(C) The following radiofrequency facilities and installations involving radiofrequency machines are excluded from the requirements of 105 CMR 122.100:
- (1) Amateur radio stations licensed or authorized by the FCC; and,
- (2) Hand-held portable and mobile radios operating between ten kHz and 1GHz with an RF input power to the antenna not exceeding seven watts.
- (D) The Director may, upon request of any person or upon his own initiative, make such exemption and/or exception to 105 CMR 122.000 in whole or in part as he may deem appropriate.