Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 105 - Vital Statistics › Subchapter 7 - Bodies and Relocation of Cemeteries › Section 310:105-7-4 - Relocation of cemeteries

Current through Vol. 41, No. 20, July 1, 2024
For the removal and reinterment of bodies now buried in
				  cemeteries, graveyards and family lots located in territory to be affected
				  directly by highway construction, water or buildings as a result of the
				  erection of dams by the official authority or for any other reason where it is
				  necessary to relocate an existing cemetery, the following rules are herewith
				  promulgated to meet the exigencies of this particular situation.
(1) Upon application to the State Department
				of Health, the official authority will be granted a blanket permit for the
				disinterment of all deceased persons buried within the project area when he has
				completed the Disinterment and Removal Application and Permit for each grave in
				the cemetery in accordance with the preceding regulations provided in Part VI,
				Paragraph 1. When the signature of the next of kin cannot be obtained, or in
				those instances when graves contain bodies for which the name of the deceased
				is "unknown," it shall be necessary that a person or agency requesting the
				permit obtain a court order from a court of competent jurisdiction setting
				forth the necessity for relocating the existing cemetery and giving approval
				for the same. Upon receipt of a certified copy of such a court order, the State
				Commissioner of Health or the State Registrar of Vital Statistics shall issue
				the permit in accordance with the directions of the court.
(2) The rules and regulations of the Oklahoma
				State Department of Health governing the removal and transportation of dead
				bodies will remain in full force and effect, except that all bodies now buried
				in graves that are affected in any manner shall be immediately upon
				disinterment encased in a suitable casket or coffin, and that bodies dead less
				than six (6) months as a result of smallpox, Asiatic cholera, typhoid fever,
				leprosy, bubonic plague, anthrax, glanders, or tularemia must be placed in a
				metal or metal-lined casket and hermetically sealed. All disinterring and
				reinterring shall be done under the direction of a licensed Oklahoma funeral
				director.
(3) All excavations in
				old grave locations shall be performed by hand digging and shall be to the
				necessary depth and dimensions of not less than three (3) feet by four (4)
				feet. At this location, if no remains have been found, the person charged with
				the disinterring shall collect not less than one-half (1/2) cubic foot of the
				material at the bottom of the excavation and reinter such as the last remains.
				All of the body or last remains, including such jewelry, identification marks,
				hinges or any other objects, casket, coffin, or other container shall be
				removed from each grave and transferred and suitably buried in the new
				grave.
(4) Before the disinterment
				of any body or bodies in graves described in this Section, a statement from the
				local health officer in the area of reinterment must be furnished to the State
				Department of Health setting forth that each proposed site for the reinterment
				of said bodies has been approved by the said local health officer.
(5) Extra precaution shall be exercised by
				those charged with the disinterment, transportation, and reinterment of said
				bodies in the case of persons dead less than six (6) months prior to
				disinterment as a result of smallpox, typhoid fever, Asiatic cholera, leprosy,
				bubonic plague, anthrax, glanders, or tularemia. For the purpose of determining
				just which persons died of any of the above diseases during the
				above-prescribed periods of time, the person in charge of the disinterment and
				removal of said bodies shall contact the State Registrar of the state where the
				death occurred to determine if a death certificate is on file, and if so, the
				cause of death as entered on the death certificate. In the event no death
				certificate can be located, then the person in charge of the disinterment shall
				contact the local health officer of the area to determine if his records
				reflect information pertaining to deaths from the disease listed above. When it
				shall be determined that any person has died of any of the above diseases
				within the above period of time, then it shall be the duty of those in charge
				of the removal of said bodies to advise the public to refrain from coming into
				close proximity of the place where and when said bodies are being disinterred,
				removed or reinterred in order that the possibility of infection may be
				eliminated. If deemed necessary for the protection of public health, the local
				authorities are empowered to safeguard the interest of the public. The managers
				or trustees of any cemetery, or those in charge of the disinterment, removal or
				reinterment of the bodies are empowered to appoint an agent to exercise the
				powers of police officers within said cemetery, and within one hundred (100)
				yards of said cemetery grounds.
(6)
				The official authority shall, after completion of reinterment of said bodies,
				submit a report to the State Department of Health setting forth, as far as
				possible, a list of the names of all deceased persons. The list shall contain
				the following: name of deceased; date of death; name and location of original
				place of burial; name and location of place to which the body was removed;
				provided, however, that such report may consist of a set of plans and prints
				used in performing said disinterments and reinterments that have been corrected
				to show the work finally performed.