reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 42 - Real Property › Chapter 40 - Rent Control. [Repealed] › Subchapter VIII - Miscellaneous Provisions › § 42–4092. Attorney's fees

§ 42–4092. Attorney's fees.
Expired.
Editor's Notes
Expiration of subchapter: Section 907 of D.C. Law 3-131 (codified as former § 45-1597) provided that all subchapters of this chapter, except subchapter V, shall terminate on April 30, 1985.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 40 - Rent Control. [Repealed] › Subchapter VIII - Miscellaneous Provisions › § 42–4093. Severability

§ 42–4093. Severability.
Expired.
Editor's Notes
Expiration of subchapter: Section 907 of D.C. Law 3-131 (codified as former § 45-1597) provided that all subchapters of this chapter, except subchapter V, shall terminate on April 30, 1985.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 40 - Rent Control. [Repealed] › Subchapter VIII - Miscellaneous Provisions › § 42–4094. Supersedure

§ 42–4094. Supersedure.
Expired.
Editor's Notes
Expiration of subchapter: Section 907 of D.C. Law 3-131 (codified as former § 45-1597) provided that all subchapters of this chapter, except subchapter V, shall terminate on April 30, 1985.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 40 - Rent Control. [Repealed] › Subchapter VIII - Miscellaneous Provisions › § 42–4095. Service

§ 42–4095. Service.
Expired.
Editor's Notes
Expiration of subchapter: Section 907 of D.C. Law 3-131 (codified as former § 45-1597) provided that all subchapters of this chapter, except subchapter V, shall terminate on April 30, 1985.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 40 - Rent Control. [Repealed] › Subchapter VIII - Miscellaneous Provisions › § 42–4096. Effective date

§ 42–4096. Effective date.
Expired.
Editor's Notes
Expiration of subchapter: Section 907 of D.C. Law 3-131 (codified as former § 45-1597) provided that all subchapters of this chapter, except subchapter V, shall terminate on April 30, 1985.
2023 District of Columbia Code › Title 42 - Real Property › Chapter 40 - Rent Control. [Repealed] › Subchapter VIII - Miscellaneous Provisions › § 42–4097. Termination

§ 42–4097. Termination.
Expired.
Editor's Notes
Expiration of subchapter: Section 907 of D.C. Law 3-131 (codified as former § 45-1597) provided that all subchapters of this chapter, except subchapter V, shall terminate on April 30, 1985.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–101. Incorporation; powers

§ 43–101. Incorporation; powers.
When 5 or more persons shall associate themselves together for the purpose of forming a cemetery association in the District, such persons shall have the power to adopt a corporate name, and by that name shall be known as a body corporate, and by that name shall have perpetual succession and be invested with all powers, rights, privileges, liabilities, and immunities incident to corporations, and may have a common seal, and may alter or change the same at their pleasure.
(Mar. 3, 1901, 31 Stat. 1294, ch. 854, § 658.)
Prior Codifications
1981 Ed., § 27-101.
1973 Ed., § 27-101.
Section References
This section is referenced in § 43-106, § 43-107, § 43-108, and § 43-128.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–102. Powers to acquire and sell land

§ 43–102. Powers to acquire and sell land.
Such persons so associated shall have power to acquire by gift, grant, or purchase any lot or lots of land not exceeding 50 acres, and lay out the same for a burial place for the dead, with convenient aisles, and to sell the same for such purpose and for no other purposes, reserving a sufficient portion thereof for the burial of the stranger and indigent.
(Mar. 3, 1901, 31 Stat. 1294, ch. 854, § 659.)
Prior Codifications
1981 Ed., § 27-102.
1973 Ed., § 27-102.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–103. Burial ground to be platted and surveyed

§ 43–103. Burial ground to be platted and surveyed.
They shall cause the land designed as a burial ground to be surveyed and platted, and a plat of the ground so surveyed shall be recorded in the Office of the Surveyor of the District. Each lot shall be duly numbered by the Surveyor and such number shall be marked on the plat and recorded.
(Mar. 3, 1901, 31 Stat. 1294, ch. 854, § 660.)
Prior Codifications
1981 Ed., § 27-103.
1973 Ed., § 27-103.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–104. Inclosure and ornamentation of land; purchase of equipment

§ 43–104. Inclosure and ornamentation of land; purchase of equipment.
Such association shall have power to inclose and ornament their burial ground, to build and erect a hearse house, and keep the same in proper repair; to purchase a hearse or hearses, and to do all other necessary acts to the end that all the appliances, conveniences, and benefits of a public and private cemetery may be obtained.
(Mar. 3, 1901, 31 Stat. 1294, ch. 854, § 661.)
Prior Codifications
1981 Ed., § 27-104.
1973 Ed., § 27-104.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–105. Duty to inclose and underdrain

§ 43–105. Duty to inclose and underdrain.
It shall be the duty of the owner or owners of any cemetery or cemeteries in the District to inclose such cemetery or cemeteries with good and sufficient walls or fences to prevent entrance thereto or exit therefrom except by gates provided for that purpose. Such cemetery or cemeteries shall, if required by the Mayor of said District, be underdrained to such a depth as will prevent water remaining in any grave or vault therein.
(Mar. 3, 1901, 31 Stat. 1295, ch. 854, § 671.)
Prior Codifications
1981 Ed., § 27-105.
1973 Ed., § 27-105.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–106. Application of proceeds of sales of lots

§ 43–106. Application of proceeds of sales of lots.
The proceeds arising from the sale of lots, after deducting all expenses of purchasing and laying out the same, shall be applied, appropriated, and used in improving and ornamenting the burial ground, or for other purposes named in §§ 43-101 to 43-114, 43-116 to 43-118, 43-119 to 43-128.
(Mar. 3, 1901, 31 Stat. 1294, ch. 854, § 662.)
Prior Codifications
1981 Ed., § 27-106.
1973 Ed., § 27-106.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–107. Officers enumerated; term of office; effect of failure to choose officers

§ 43–107. Officers enumerated; term of office; effect of failure to choose officers.
The officers of any such corporation shall be a president, a treasurer (who shall act as a secretary), and not less than 3 directors, who shall be severally chosen annually by ballot, and shall hold office until their successors are chosen. Any neglect to choose officers on the day fixed upon for that purpose shall not operate as a forfeiture of the act of incorporation, in accordance with the provisions of §§ 43-101 to 43-114, 43-116 to 43-118, 43-119 to 43-128.
(Mar. 3, 1901, 31 Stat. 1294, ch. 854, § 663.)
Prior Codifications
1981 Ed., § 27-107.
1973 Ed., § 27-107.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–108. Election of officers

§ 43–108. Election of officers.
The first election of officers by the persons associating, according to and for the purpose specified in § 43-101, shall be at the time and place designated and agreed upon by a majority of the persons so associating themselves together, and no other than such persons shall vote at such election.
(Mar. 3, 1901, 31 Stat. 1295, ch. 854, § 664.)
Prior Codifications
1981 Ed., § 27-108.
1973 Ed., § 27-108.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–109. Lot owners are voting members of corporation

§ 43–109. Lot owners are voting members of corporation.
At each subsequent election of officers of any such corporation the owner of a lot in said burial ground shall be entitled to 1 vote in the election of officers of the corporation and no more, and shall, by virtue of such membership, be a member of the corporation.
(Mar. 3, 1901, 31 Stat. 1295, ch. 854, § 665.)
Prior Codifications
1981 Ed., § 27-109.
1973 Ed., § 27-109.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–110. Bylaws

§ 43–110. Bylaws.
Each corporation shall have power to establish and change bylaws and prescribe rules and regulations for its government and the duties of its officers and the management of its property.
(Mar. 3, 1901, 31 Stat. 1295, ch. 854, § 666.)
Prior Codifications
1981 Ed., § 27-110.
1973 Ed., § 27-110.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–111. Exemption from taxation and sale on execution

§ 43–111. Exemption from taxation and sale on execution.
The property of any such corporation, its grounds, lots, and appliances, shall be exempt from taxation and shall not be liable to sale on execution.
(Mar. 3, 1901, 31 Stat. 1295, ch. 854, § 667.)
Prior Codifications
1981 Ed., § 27-111.
1973 Ed., § 27-111.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–112. Dedication of land; title vested in perpetuity

§ 43–112. Dedication of land; title vested in perpetuity.
Any person desiring to dedicate any lot of land, not exceeding 5 acres, as a burial place for the interment of the dead for the use of any society, association, or neighborhood may, by deed duly executed and recorded, convey such land to the District of Columbia, by the corporate name of said District of Columbia, specifying in such deed the society, association, or neighborhood for the use of which the dedication is desired to be made, and thereby (provided such conveyance shall be accepted by the Mayor of the District of Columbia) vest the title to such land in perpetuity, for the uses stated in the deed, and such land shall be thereafter exempt from taxes for all purposes whatever.
(Mar. 3, 1901, 31 Stat. 1295, ch. 854, § 668.)
Prior Codifications
1981 Ed., § 27-112.
1973 Ed., § 27-112.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–113. Grants and bequests for care of lots

§ 43–113. Grants and bequests for care of lots.
It shall be lawful for such association to take and hold any grant, donation, or bequest upon trust to apply the income thereof, under the direction of the board of managers, for the embellishment, preservation, renewal, or repair of any tomb, monument, gravestone, or other structure, fence, railing, or other inclosure in or around any cemetery lot, or for the planting and cultivation of any trees, shrubs, flowers, or plants in or around any cemetery lot, according to the terms of such grant, donation, or bequest; and the court having probate jurisdiction shall have full power and jurisdiction to compel the due performance of such trusts, or any of them, upon a bill filed by the proprietor of any lot in such cemetery for that purpose.
(Mar. 3, 1901, 31 Stat. 1295, ch. 854, § 669; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 576, Pub. L. 91-358, title I, § 158(c)(3).)
Prior Codifications
1981 Ed., § 27-113.
1973 Ed., § 27-113.
Section References
This section is referenced in § 19-904 and § 19-1304.09.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–114. Distance from City and from dwellings

§ 43–114. Distance from City and from dwellings.
No person or persons or cemetery association shall lay out any new cemetery, or part of any cemetery, within the City of Washington, in the District of Columbia, nor in said District, within one and one-half miles from the boundaries of said City; no person or cemetery association shall, in said District, lay out any cemetery, or part of any cemetery, within less than 200 yards of any dwelling house, except with the written consent of the owner, lessee, and occupant of such house, nor without a permit to do so from the Mayor of said District.
(Mar. 3, 1901, 31 Stat. 1295, ch. 854, § 670; Apr. 9, 1997, D.C. Law 11-255, § 26, 44 DCR 1271.)
Prior Codifications
1981 Ed., § 27-114.
1973 Ed., § 27-114.
Section References
This section is referenced in § 43-115.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–115. Mayor authorized to license certain lands for cemetery purposes

§ 43–115. Mayor authorized to license certain lands for cemetery purposes.
Without regard to the provisions of § 43-114, the Mayor of the District of Columbia is hereby authorized to license for cemetery purposes any parcel of land in the District of Columbia which does not exceed 1 acre in size, and which, except for a 1-side frontage of less than 100 feet on a public street or highway, is otherwise completely bounded by land dedicated to cemetery purposes.
(July 14, 1956, 70 Stat. 538, ch. 594, § 1.)
Prior Codifications
1981 Ed., § 27-115.
1973 Ed., § 27-114a.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–116. Lots to be conspicuously marked; plat to be recorded; size and depth of graves

§ 43–116. Lots to be conspicuously marked; plat to be recorded; size and depth of graves.
It shall be the duty of the owner or owners of any cemetery or cemeteries in the District to divide the area to be used for graves into lots of reasonable size, to be permanently designated by conspicuous marks, so that the position of each may be readily determined, each lot to be duly numbered. A plat of such cemetery showing the area so divided, the division into lots, and the number of each such lot shall be filed in the Office of the Surveyor of said District; the grave spaces hereafter laid out for the burial of persons above 10 years of age to be at least 8 feet by 3 feet, and those for the burial of children under 10 years of age at least 6 feet by 2 feet, or, if preferred by said owner or owners, one-half the measurement of the adult grave space, namely, 4 feet by 3 feet. No coffin shall be buried in said District so that any part thereof is within less than 4 feet of the ordinary level of the ground, unless it contains the body of a child under 12 years of age, when it shall not be less than 3 feet below that level.
(Mar. 3, 1901, 31 Stat. 1295, 1297, ch. 854, §§ 672, 681.)
Prior Codifications
1981 Ed., § 27-116.
1973 Ed., § 27-115.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–117. Register of burials; contents

§ 43–117. Register of burials; contents.
It shall be the duty of the owner or owners of any cemetery or cemeteries in the District to cause to be kept in the office of the superintendent or person in charge of such cemetery or cemeteries a register showing the number of each lot, the name, age, cause of death, and date of burial of each person or persons buried in any such lot or grave space, and the number of the burial permit authorizing such burial. In cases of disinterment said register shall show the date of such disinterment and the number of the official permit therefor opposite the name of the person whose remains are disinterred. Such register shall be at all times open to inspection by duly authorized representatives of the Department of Health and of the Police Department of said District.
(Mar. 3, 1901, 31 Stat. 1296, ch. 854, § 673; Mar. 2, 2007, D.C. Law 16-191,§§ 8(a), 65(a), 53 DCR 6794.)
Prior Codifications
1981 Ed., § 27-117.
1973 Ed., § 27-116.
Effect of Amendments
D.C. Law 16-191 substituted “Health” for “Human Services”.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–118. Superintendent of cemetery to register at Department of Health

§ 43–118. Superintendent of cemetery to register at Department of Health.
It shall be the duty of the superintendent or person in charge of any cemetery or other place for the disposal of dead bodies of human beings in the District of Columbia to register his or her name at the office of the Department of Health of said District, giving full name, residence, and place of business, and in case of removal from one place to another in said District to make change in such register accordingly.
(Mar. 3, 1901, 31 Stat. 1296, ch. 854, § 674; Mar. 2, 2007, D.C. Law 16-191,§§ 8(b), 65(b), 53 DCR 6794.)
Prior Codifications
1981 Ed., § 27-118.
1973 Ed., § 27-117.
Effect of Amendments
D.C. Law 16-191 substituted “Health” for “Human Services”.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–119. Movement or disposal of tissue taken from dead body

§ 43–119. Movement or disposal of tissue taken from dead body.
The Council of the District of Columbia may, by act, authorize tissue banks operating pursuant to subchapter III of Chapter 15 of Title 7, or other persons subject to regulations made pursuant to subchapter II-A or III of Chapter 15 of Title 7, or both, to remove, transport, or dispose of tissue taken from such dead body.
(Mar. 3, 1901, 31 Stat. 1296, ch. 854, §§ 675, 676; Sept. 22, 1950, 64 Stat. 904, ch. 985, § 1; Sept. 10, 1962, 76 Stat. 536, Pub. L. 87-656, § 10; May 26, 1970, 84 Stat. 270, Pub. L. 91-268, § 9(f); Oct. 8, 1981, D.C. Law 4-34, § 29(c)(1), 28 DCR 3271; Apr. 15, 2008, D.C. Law 17-145, § 30(g)(1), 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353, § 230(f), 56 DCR 1117.)
Prior Codifications
1981 Ed., § 27-119.
1973 Ed., § 27-119a.
Section References
This section is referenced in § 7-1531.01, § 7-1541.01, § 7-1541.02, § 7-1541.03, § 7-1541.04, § 7-1541.06, § 7-1541.07, § 43-106, and § 43-107.
Effect of Amendments
D.C. Law 17-145 substituted “subchapter II-A” for “subchapter II”.
D.C. Law 17-353 validated a previously made technical correction.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–120. Keeping and exhibiting dead bodies

§ 43–120. Keeping and exhibiting dead bodies.
No dead body or part thereof shall be kept in said District in such manner as to give rise to any offensive odors to the annoyance of any person or persons in the neighborhood or to the public, nor so as to be exposed to the public view; nor shall any such body or part thereof be permitted by the person or persons having custody or control of it to remain unburied for a longer period than 1 week after death without permission of the Director of the Department of Health, unless it has been cremated or deposited in the vault of some cemetery; nor shall any person publicly exhibit in said District, for pay or otherwise, any dead body of any human being or any part of such body without a permit from the Director of the Department of Health of said District so to do, except such exhibition be in connection with some government museum or with some institution of learning permanently located in said District.
(Mar. 3, 1901, 31 Stat. 1297, ch. 854, § 677; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; Oct. 8, 1981, D.C. Law 4-34, §§ 29(c)(2), 30(b)(1), 28 DCR 3271; Mar. 2, 2007, D.C. Law 16-191, §§ 8(c), 65(c), 53 DCR 6794.)
Prior Codifications
1981 Ed., § 27-120.
1973 Ed., § 27-120.
Section References
This section is referenced in § 7-1531.21, § 43-126, and § 43-128.
Effect of Amendments
D.C. Law 16-191 substituted “Health” for “Human Services”.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–121. Place of burial

§ 43–121. Place of burial.
No person shall bury or cause to be buried within said District the body or part of the body of any deceased person, except in such grounds as were known and used as public or private burial grounds on January 1, 1902, or such as shall thereafter be designated by the Mayor of said District and authorized by him to be used as such.
(Mar. 3, 1901, 31 Stat. 1297, ch. 854, § 678.)
Prior Codifications
1981 Ed., § 27-121.
1973 Ed., § 27-121.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–122. Mode of burial

§ 43–122. Mode of burial.
No body shall be buried in said District in any vault unless the coffin be separately entombed in properly cemented stone or brick work, so as to render such vault airtight; such vault, after having been sealed, shall not be opened within 10 years; no body shall be temporarily deposited in any vault for a longer period than 1 month, unless such body is in an hermetically sealed metallic case, nor in any instance for a longer period than 1 year.
(Mar. 3, 1901, 31 Stat. 1297, ch. 854, § 679.)
Prior Codifications
1981 Ed., § 27-122.
1973 Ed., § 27-122.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–123. Reopening graves; graves of pestilential disease victims

§ 43–123. Reopening graves; graves of pestilential disease victims.
No grave in said District shall be reopened, except for the purpose of disinterment, within 10 years after burial of a person above 12 years of age, or within 8 years after the burial of a child under 12 years of age, unless the grave has been, in the first instance, of sufficient depth to permit subsequent interments, in which case a layer of earth of not less than 1 foot thick shall be left undisturbed over the previously buried coffin, unless such coffin has been separately entombed in properly cemented stone or brick work; but if on reopening any grave the soil be found to be offensive, such soil shall not be disturbed. In no case shall a grave be opened in which has been buried the body of any person who has died of Asiatic cholera, yellow fever, typhus fever, smallpox (including varioloid), leprosy, the plague, tetanus, diphtheria, or scarlet fever; provided, that the Director of the Department of Health of the District of Columbia may, in his discretion, authorize the opening, under sanitary precautions, of any such grave, and the disinterment and reinterment in the same grave or other suitable burial ground, of the dead body of any person who has died of any of the contagious diseases enumerated above.
(Mar. 3, 1901, 31 Stat. 1297, ch. 854, § 680; Jan. 20, 1936, 49 Stat. 1095, ch. 12; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; Mar. 2, 2007, D.C. Law 16-191, §§ 8(d), 65(d), 53 DCR 6794.)
Prior Codifications
1981 Ed., § 27-123.
1973 Ed., § 27-123.
Effect of Amendments
D.C. Law 16-191 substituted “Health” for “Human Services”.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–124. Crematories; consent of property owners; permit

§ 43–124. Crematories; consent of property owners; permit.
No person shall, in the District of Columbia, build or maintain a crematory or other device for destroying human bodies, except within the limits of some duly-established cemetery in said District unless such person or persons has in writing the consent of the owners of more than one-half of the property within a radius of 200 feet from the place where such crematory is to be erected and maintained and a permit from the Mayor of said District for the erection and maintenance of such crematory or other device; such permit to be for a term of years, not exceeding 5, to be specified therein; provided, that this section shall not apply to such crematories or other devices for destroying human bodies as may have been erected and were in operation on March 3, 1901.
(Mar. 3, 1901, 31 Stat. 1298, ch. 854, § 682; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1.)
Prior Codifications
1981 Ed., § 27-124.
1973 Ed., § 27-124.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–125. Embalming; removal of tissue immediately after death

§ 43–125. Embalming; removal of tissue immediately after death.
It shall be unlawful for any person or persons to embalm, inject, or by any similar method preserve the dead body, or part of the dead body, of any human being in said District within 4 hours after death or before the issue of the death certificate; and in case the death is believed to be due to other than natural causes, or the cause thereof is unknown, such embalming, injecting, or preserving shall at no time be done unless such death certificate has been signed or approved by the Chief Medical Examiner. Notwithstanding the provisions of this section, whenever any person is pronounced dead by a physician duly licensed or duly registered under Chapter 29 of Title 3, tissue donated in accordance with the provisions of subchapter II-A or III of Chapter 15 of Title 7 may be removed by or under the supervision of a person licensed under the authority of § 7-1541.03 for preservation in a tissue bank operating pursuant to subchapter III of Chapter 15 of Title 7 [§ 7-1541.01 et seq.], or for use in accordance with the provisions of subchapter II-A of Chapter 15 of Title 7 [§ 7-1521.21 et. seq.], without regard for any time limitation, or for any permit or certificate requirement, established by this section; provided, that with respect to a dead human body in the custody of the Chief Medical Examiner or under his jurisdiction, no tissue shall be removed therefrom for preservation except with the specific approval of the Chief Medical Examiner in each case.
(Mar. 3, 1901, 31 Stat. 1298, ch. 854, § 683; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; Sept. 10, 1962, 76 Stat. 537, Pub. L. 87-656, § 11; May 26, 1970, 84 Stat. 270, Pub. L. 91-268, § 9(e); July 29, 1970, 84 Stat. 578, Pub. L. 91-358, title I, § 160(a)(1); Oct. 8, 1981, D.C. Law 4-34, § 30(b)(2), 28 DCR 3271; Apr. 15, 2008, D.C. Law 17-145, § 30(g)(2), 55 DCR 2532; Mar. 25, 2009, D.C. Law 17-353, § 230(f), 56 DCR 1117.)
Prior Codifications
1981 Ed., § 27-125.
1973 Ed., § 27-125.
Section References
This section is referenced in § 7-1531.01, § 7-1541.02, § 7-1541.03, § 7-1541.04, § 7-1541.06, and § 7-1541.07.
Effect of Amendments
D.C. Law 17-145 substituted “subchapter II-A of Chapter 15 of Title 7” for “subchapter II of Chapter 15 of Title 7”.
D.C. Law 17-353 validated a previously made technical correction.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–126. Penalty

§ 43–126. Penalty.
Any person who shall violate or aid and abet in violating any of the provisions of § 43-120 shall, upon conviction thereof by competent judicial authority, be punished, for each offense, by a fine of not more than $200, or by imprisonment for not more than 90 days, or both.
(Mar. 3, 1901, 31 Stat. 1298, ch. 854, § 684; Oct. 8, 1981, D.C. Law 4-34,§ 29(c)(3), 28 DCR 3271.)
Prior Codifications
1981 Ed., § 27-126.
1973 Ed., § 27-126.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–127. Prosecutions

§ 43–127. Prosecutions.
Prosecutions hereunder shall be in the Superior Court of the District of Columbia, in the name of said District; provided, that any person or persons so tried shall have the privilege, when demanded, of a trial by jury, as in other jury cases in said Superior Court of the District of Columbia.
(Mar. 3, 1901, 31 Stat. 1298, ch. 854, § 685; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)
Prior Codifications
1981 Ed., § 27-127.
1973 Ed., § 27-127.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–128. Court-ordered disinterment or disposal of ashes not affected

§ 43–128. Court-ordered disinterment or disposal of ashes not affected.
Sections 43-101 to 43-114 , 43-116 to 43-118 , and 43-120 to 43-128 (except § 43-119) shall not be construed to:
(1) Interfere with or prevent the disinterment of any body in accordance with § 11-2311 [repealed]; or
(2) Interfere with the disposal of the ashes of bodies which have been cremated.
(Mar. 3, 1901, 31 Stat. 1298, ch. 854, § 686; June 30, 1902, 32 Stat. 534, ch. 1329, § 686; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(a), (b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 578, Pub. L. 91-358, title I, § 160(a)(2); Oct. 8, 1981, D.C. Law 4-34, § 29(c)(4), 28 DCR 3271.)
Prior Codifications
1981 Ed., § 27-128.
1973 Ed., § 27-128.
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–129. Cremation required in certain cases. [Repealed]

§ 43–129. Cremation required in certain cases. [Repealed]
Repealed.
(Apr. 20, 1906, 34 Stat. 123, ch. 1641, § 1; Oct. 19, 2000, D.C. Law 13-172, § 2919(c), 47 DCR 6308.)
Prior Codifications
1981 Ed., § 27-129.
1973 Ed., § 27-129.
Emergency Legislation
For temporary (90-day) repeal of sections, see § 2919(c) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 2919(c) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–130. Public crematory established. [Repealed]

§ 43–130. Public crematory established. [Repealed]
Repealed.
(Apr. 20, 1906, 34 Stat. 123, ch. 1641, § 2; Feb. 22, 1921, 41 Stat. 1144, ch. 70, § 7; June 28, 1944, 58 Stat. 533, ch. 300, § 18; Dec. 4, 1967, 81 Stat. 532, Pub. L. 90-173, § 1; Oct. 19, 2000, D.C. Law 13-172, § 2919(c), 47 DCR 6308.)
Prior Codifications
1981 Ed., § 27-130.
1973 Ed., § 27-130.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2919(c) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
2023 District of Columbia Code › Title 43 - Cemeteries and Crematories › Chapter 1 - Cemetery Associations; Regulatory Provisions › § 43–131. Act for promotion of anatomical science not affected by crematory law

§ 43–131. Act for promotion of anatomical science not affected by crematory law.
Nothing in §§ 43-129 to 43-131 shall be construed as repealing or in any way modifying any of the provisions of Chapter 2 of Title 3.
(Apr. 20, 1906, 34 Stat. 124, ch. 1641, § 3.)
Prior Codifications
1981 Ed., § 27-131.
1973 Ed., § 27-131.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter I - Purpose and Philosophy of Care › § 44–101.01. Purpose

§ 44–101.01. Purpose.
The purpose of this chapter is to set uniform, minimum standards of licensure for community residence facilities currently regulated under Chapter 34 of Title 22 of the District of Columbia Municipal Regulations and other facilities when they provide services that assist residents with the activities of daily living. This chapter creates a new category of licensure called “assisted living residence”.
(June 24, 2000, D.C. Law 13-127, § 101, 47 DCR 2647.)
Section References
This section is referenced in § 7-701.01.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter I - Purpose and Philosophy of Care › § 44–101.02. Philosophy of care

§ 44–101.02. Philosophy of care.
(a) The philosophy of assisted living emphasizes personal dignity, autonomy, independence, privacy, and freedom of choice. Further, the services and physical environment of an assisted living residence should enhance a person’s ability to age in place in a homelike setting by increasing or decreasing the amount of assistance in accordance with the individual’s changing needs.
(b) This chapter shall be interpreted in accordance with the following philosophy of care:
(1) An assisted living residence is a program which combines housing, health, and supportive services for the support of residents aging in place. The function of an assisted living residence is to provide or coordinate personalized assistance through activities of daily living, recreational activities, 24-hour supervision, and provision or coordination of health services and instrumental activities of daily living as needed.
(2) The design of services and environment should acknowledge that a significant number of residents may have some form of cognitive impairment. Services and environment should offer a balance between choice and safety in the least restrictive setting.
(3) Both the program and environment should support resident dignity, privacy, independence, individuality, freedom of choice, decision making, spirituality, and involvement of family and friends.
(4) Residents should be supported to age in place by minimizing the need to move through reasonable accommodation and, when necessary, through coordination and use of home health agencies, hospice, rehabilitation agencies, and other licensed healthcare providers.
(5) Quality, affordable assisted living residence care should be accessible to all individuals residing in the District regardless of income.
(June 24, 2000, D.C. Law 13-127, § 102, 47 DCR 2647.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter III - Licensure and Inspection › § 44–103.01. Authority to operate an assisted living residence in the District of Columbia

§ 44–103.01. Authority to operate an assisted living residence in the District of Columbia.
It shall be unlawful to operate an assisted living residence in the District of Columbia without being licensed and in compliance with the provisions of this chapter.
(June 24, 2000, D.C. Law 13-127, § 301, 47 DCR 2647.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter III - Licensure and Inspection › § 44–103.02. Initial ALR licensure

§ 44–103.02. Initial ALR licensure.
(a) Applications for licensure shall be made in writing on a form or forms prescribed by the Mayor at least 60 days prior to the date needed.
(b) An applicant for ALR licensure shall pay a licensure fee as determined by the Mayor.
(c) An ALR license issued by the Mayor shall state the effective date and expiration date of the license and maximum number of residents allowed to reside in the ALR.
(d) An application for an ALR license shall include the following information:
(1) Identification of the owner and documentation supporting the fact that the ALR is owned or otherwise under the control of the applicant;
(2) Identification of the ALA and information concerning the ALA’s qualifications;
(3) Criminal background check information pursuant to subchapter II of Chapter 5 of this title;
(4) Documentation and explanation of any prior denial, suspension, or revocation of license to provide care to third parties;
(5) Location of the ALR;
(6) Statement of program;
(7) Proof of solvency;
(8) Proof of insurance coverage;
(9) Statement of services to be offered;
(10) Maximum number of residents planned;
(11) Verification that the real property where the ALR is located is owned, leased, or otherwise under the control of the applicant; and
(12) Structure of applicant’s organization and names of board members and officers.
(e)(1) The Mayor shall conduct an initial pre-licensure inspection of the premises of the ALR and of its records.
(2) An applicant for licensure shall provide the following information at the time of the pre-licensure inspection:
(A) Certificate of occupancy;
(B) Disaster plan;
(C) Staffing plan;
(D) Resident funds management system;
(E) Medication management system;
(F) Individual Service Plan policy and procedures;
(G) Admission, transfer, and discharge policies;
(H) Resident agreements, both financial and nonfinancial;
(I) Location of the ALR;
(J) Maximum number of residents to be served;
(K) Program statement;
(L) Proof of solvency; and
(M) Other reasonably relevant information required by the Mayor.
(f) Based on information obtained during the pre-licensure inspection required by subsection (e) of this section, the Mayor shall either approve the application unconditionally for 12 months or deny the application.
(g) The Mayor shall re-inspect an ALR within 6 months of the effective date of the initial licensure.
(June 24, 2000, D.C. Law 13-127, § 302, 47 DCR 2647.)
Section References
This section is referenced in § 44-103.04 and § 44-103.06.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter III - Licensure and Inspection › § 44–103.03. Special ALR licensure for community residence facilities

§ 44–103.03. Special ALR licensure for community residence facilities.
Expired.
(June 24, 2000, D.C. Law 13-127, § 303, 47 DCR 2647.)
Editor's Notes
Pursuant to subsec. (c) of this section, this section expired 3 years after June 24, 2000.
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter III - Licensure and Inspection › § 44–103.04. Renewal of ALR license

§ 44–103.04. Renewal of ALR license.
(a) An ALR license shall be renewed every 12 months.
(b) Applications for renewal of a license shall be made in writing on a form or forms prescribed by the Mayor at least 60 days prior to the expiration of the license. The Mayor shall renew a license after receiving an application containing the information required by § 44-103.02(d) and completion of an inspection of the premises, if the Mayor finds that the application meets the requirements of this chapter.
(c) The Mayor shall issue the renewal license prior to the expiration date of the existing license if the applicant submits an application for renewal within 90 to 60 days prior to the expiration of the license and the Mayor finds that the application meets the requirements of this chapter.
(d) An applicant for renewal shall pay a renewal fee as determined by the Mayor. The fee shall cover the costs involved in processing the renewal applications and conducting inspections of the premises.
(e) Based on information provided to the Mayor and by the on-site inspection, the Mayor shall:
(1) Renew the license for 12 months;
(2) Issue a provisional license for up to 12 months if the ALR is not in full compliance with the regulations but, in the opinion of the Mayor, the noncompliance does not constitute an immediate safety or health hazard and the licensee has submitted to the Mayor an acceptable plan of correction with specific time frames; or
(3) Suspend or revoke the license as specified in § 44-104.01.
(June 24, 2000, D.C. Law 13-127, § 304, 47 DCR 2647.)
2023 District of Columbia Code › Title 44 - Charitable and Curative Institutions › Chapter 1 - Assisted Living Residence Regulation › Subchapter III - Licensure and Inspection › § 44–103.05. Changes in licensee

§ 44–103.05. Changes in licensee.
(a) The following changes occurring within an ALR shall require revision of the license:
(1) Change in the maximum number of residents for which the facility is licensed;
(2) Name change of the ALR;
(3) Change in ownership of the ALR;
(4) Change in location of the ALR; or
(5) Voluntary closure of the ALR.
(b) A request for changes which requires the reissuance of a license shall be made in writing to the Mayor at least 60 days in advance of the effectiveness of the changes. An application fee, as established by the Mayor, shall accompany a request for changes.
(c)(1) The licensee shall notify residents and their surrogates of any proposed changes set forth in its request for changes, in writing, 60 days before the effective date of the proposed changes.
(2) A licensee shall include the following information in its request for changes:
(A) The method for informing residents and their surrogates of its intent to make the requested changes; and
(B) The actions the licensee shall take to assist residents in securing comparable housing, if necessary.
(d)(1) Whenever there is a change of ownership, sale, assignment, or other transfer of an ALR from the person or organization named on the license to another person or organization, the transferee shall apply for a new license.
(2) A transferee shall apply for a new license at least 60 days before the final transfer.
(3) The licensee named under the current license shall remain responsible for the operation of the ALR until a new license is issued to the transferee.
(4) The Mayor shall issue a new license to the transferee if the transferee meets the requirements for licensure under this chapter. Upon issuance of the new license to the transferee, the transferor shall return its license to the Mayor by certified mail.
(June 24, 2000, D.C. Law 13-127, § 305, 47 DCR 2647.)