reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.10 - Community or public mausoleums and columbariums

Current through Register Vol. 46, No. 28, July 10, 2024
A cemetery may not sell or assign burial rights, crypts or
				  niches to a person or persons who will not use these plots or crypts directly.
				  A group of persons not related by family ties may not purchase land from the
				  cemetery for the purpose of erecting a public mausoleum or columbarium under
				  contract with an operator. Only a cemetery may undertake to construct and own a
				  public mausoleum or columbarium.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.12 - Holiday burials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the case
				of requests for burial on those days which by union contract, or by established
				operating policy, are decreed "holidays", each request for burial on such days
				which is received at the office of the cemetery by 9 a.m. of said holiday shall
				be complied with by such cemetery, except as may be impossible by reason of the
				physical condition of the gravesite or the unavailability of grave digging
				personnel.
(b) The cemetery shall
				make any and all arrangements necessary to receive said requests and, upon
				receipt of such request, the cemetery shall immediately make any and all
				necessary arrangements to comply therewith. It shall, no later than 10:30 a.m.
				of said holiday, advise the funeral director, the family of the deceased and
				the person who made such request (if neither a member of the family nor the
				funeral director) of its ability to comply therewith and fixing the time of
				burial. In the event that the cemetery is unable to comply with said request,
				it shall so advise said persons orally and by letter setting forth the reason
				for such inability to comply with said request; a copy of said writing shall be
				also sent to the division as required by subdivision (d) of this
				section.
(c) In addition to the
				regular approved charge, identifiable extra costs incurred may be charged to
				the burial, consistent with N-PCL section 1509(d), provided that the total
				amount to be paid is stated in writing to the family of the deceased at the
				time of the request for burial and, further, provided that a copy of such
				statement shall be simultaneously filed with the Cemetery Board at its office
				in New York City.
(d) Each cemetery
				shall make every effort, in good faith, to comply with such requests. In the
				event of its inability to comply therewith, said cemetery shall furnish to the
				Cemetery Board reasons for its inability, in each instance, to provide for the
				aforesaid burial.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.13 - Liquidation of burial societies within an incorporated cemetery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certain
				incorporated cemeteries maintain sections devoted exclusively to the burial of
				persons who are members of particular burial societies. Many of these societies
				have become dormant and no longer hold meetings. Some have attempted
				distribution and liquidation of all of their assets, coupled with attempts to
				sell cemetery plots back to the cemetery at the statutory rate or in exchange
				for a care arrangement for occupied plots in such society section. The
				liquidation and distribution of such societies falls within the jurisdiction of
				the New York State Insurance Department, Liquidation Bureau. The Division of
				Cemeteries is directly concerned with the disposition of unused
				graves.
(b) Accordingly, when
				cemeteries and burial societies attempt to negotiate the liquidation of the
				society assets and the buy-back of unused graves, the cemetery shall give
				written notice thereof to the director of the Division of Cemeteries, and may
				not repurchase such graves so offered without the written consent of the
				director. Such written notice shall also be given to the New York State
				Insurance Department, Liquidation Bureau. The Division of Cemeteries shall also
				notify the Liquidation Bureau.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.14 - Repair or notice as to nondangerous damage or defacement

Current through Register Vol. 46, No. 28, July 10, 2024
Small cemetery corporations shall be exempt from the
				  provisions of N-PCL section 1510(h).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.15 - Authorization to inter

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				authorization to inter a body is a written statement subscribed by the lot
				owner in accordance with the rules and regulations of the cemetery corporation.
				Such authorization when signed by the lot owner shall include the right to
				memorialize, which right shall belong to the person having the right to
				possession of the body.
(b) The
				right of memorialization may be restricted to the number, size, shape,
				material, color, inscription or reasonable placement of monuments, according to
				the generally accepted plan of the cemetery and the rules and regulations of
				the cemetery corporation or association duly approved by the Cemetery Board;
				and, where the lot is owned by a membership corporation, association or society
				which provides burial benefits for its members, according to the rules,
				regulations or established practices of such corporation, association or
				society.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.16 - Cemetery renovation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				major alteration to a cemetery shall not be commenced without the approval of
				the Cemetery Board. Such approval shall be conditioned upon the submission of a
				report by the cemetery in accord with this section. Such report shall be
				submitted to the Cemetery Board at least three months prior to the anticipated
				commencement date of any work on the period. The report shall describe the
				method and purpose of such alteration, the proposed cost thereof, and include
				further information as required by this section.
(b) Definitions.
(1) Major alteration means: a project for
				which an environmental assessment form (EAF) is prepared or required; an
				activity which can reasonably be expected to have a substantial and adverse
				impact on the adjacent community, the lots or the lot owners of the cemetery,
				including: demolition; stockpiling materials; grading and other forms of
				earthwork; dumping, filling or depositing of any material; excavation or
				trenching; dredging; removal of soil; flooding or draining; or paving or
				construction of buildings, structures or facilities. The term major alteration
				shall not include those activities commenced with respect to the construction
				of a mausoleum or lawn crypt. Such activities are subject to the requirements
				of sections 201.10 and 210.11 or
				201.17 of this Part.
(2) Applicant means a cemetery which submits
				a report as required by this section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.17 - Lawn crypts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A lawn
				crypt is a single or double receptacle designed for encasement of casketed
				human remains set into a recess in the earth. No cemetery may install a lawn
				crypt except in accordance with a plan submitted to the Cemetery Board and
				acted upon in accordance with the provisions of this directive. A lawn crypt
				may be installed anywhere in the cemetery provided that its location adheres to
				such plan and it is installed in conformity with such plan.
(b) Every application and proposed lawn crypt
				plan shall be submitted to the director of the Division of Cemeteries. All such
				plans shall meet the design and performance standards set forth in subdivision
				(c) of this section. The application shall specify:
(1) The means of financing the purchase and
				installation of the lawn crypt to be employed by the cemetery.
(2) The method of drainage to be used by the
				cemetery, including the results of percolation tests performed by an engineer
				licensed by the State of New York.
(3) A statement from the company and/or the
				organization manufacturing and/or installing the lawn crypts stating that the
				lawn crypts meet the design and performance standards of subdivision (c) of
				this section.
(4) Any additional
				information specifically relating to items in paragraphs (1), (2) and (3)
				deemed by the director to be necessary to make a determination.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.18 - Management services contracts

Current through Register Vol. 46, No. 28, July 10, 2024
A management services contract means any agreement whereby
				  one cemetery corporation undertakes responsibility for the sale of lots or
				  promotion thereof, the maintenance of grounds or property, or the performance
				  of interments for another cemetery corporation. No cemetery corporation shall
				  enter into a management services contract without notification to the board at
				  least 60 days in advance of its commencement date.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.20 - Permanent maintenance fund collections and contributions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All permanent
				maintenance fund deposits required by N-PCL section 1507 shall be made at least
				quarterly.
(b) A cemetery that
				receives payment in installments or over time for a lot, plot or part thereof,
				shall deposit to the permanent maintenance fund the full amount required by
				N-PCL section 1507 on the entire sale either:
(1) in lump sum at the time the contract is
				signed and any initial payment is received; or
(2) by depositing at least ten percent (10%)
				of any initial payment and each installment payment to the permanent
				maintenance fund as such payments are received until the full amount required
				by N-PCL section 1507 on the entire sale has been deposited to the
				fund
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 202 - Cemetery Abandonments › Section 202.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the state, as stated in N-PCL section
				  1501, "to prevent cemeteries from falling into disrepair and dilapidation and
				  becoming a burden upon the community." The Cemetery Board has adopted these
				  rules and regulations to set forth procedures to involve all stakeholders
				  early-on to avoid abandonment, and to determine that a cemetery has become
				  abandoned.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 202 - Cemetery Abandonments › Section 202.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				abandoned cemetery has the same meaning found in N-PCL section 1506-c, Town Law
				section 291, or County Law section 222, as appropriate.
(b) The term assume maintenance and
				management means an application by a cemetery pursuant to N-PCL section 1506-c
				to assume the management and maintenance of an abandoned cemetery.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 202 - Cemetery Abandonments › Section 202.3 - Steps to Avoid Abandonment

Current through Register Vol. 46, No. 28, July 10, 2024
The division may at any time determine that a cemetery is at
				  risk of abandonment and, together with the cemetery, take the following steps,
				  as appropriate, to avoid abandonment:
(a) Contact local officials to seek their
				support and assistance and to provide them the following information:
(1) An explanation of cemetery
				abandonment;
(2) An explanation of
				why the cemetery is at risk of abandonment;
(3) Options available to the cemetery and the
				municipality to avoid abandonment to the municipality; and
(4) Proposed steps to be taken by the
				division and the cemetery and a request for municipal participation.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 202 - Cemetery Abandonments › Section 202.4 - Procedure for Cemetery Assumption of Abandoned Cemetery

Current through Register Vol. 46, No. 28, July 10, 2024
A cemetery corporation proposing to assume the management and
				  maintenance of a cemetery pursuant to N-PCL § 1506-c shall submit an
				  application to the Cemetery Board with the following information
				  included:
(a) The proposed assumption
				of management and maintenance, for which approval of the lot owners of the
				applicant has been obtained at a special or regular meeting. If not, a
				description of the authorization or approval that has been obtained. A copy of
				the minutes of the meeting of the lot owners or board of directors, or of the
				resolution, shall be included.
(b)
				Support for the following representations: that the applicant has the
				resources, ability and commitment of directors and officers to ensure that the
				cemeteries will be properly operated and maintained, that they shall not fall
				into disrepair and dilapidation and become a burden upon the community, that
				they shall be operated for the mutual benefit of lot owners, and that they
				shall continue to serve and benefit the local communities in which they are
				located.
(c) A financial plan for
				the operations of the cemeteries. The plan shall include:
(1) A provision that all rights of lot owners
				of the cemetery to be abandoned and all rights of burial and memorialization
				will be honored and will not be affected by the assumed maintenance and
				management;
(2) An explanation of
				adjustments to prices and charges for the cemeteries, if any;
(3) An explanation of how the rules and
				regulations shall be applied to the cemeteries; and
(4) An identification of any significant
				liabilities and obligations of the cemetery to be abandoned and what treatment
				they will receive after the assumption of management and maintenance.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 202 - Cemetery Abandonments › Section 202.5 - Procedure for Determination of Abandonment - Town Maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Determination
				by the Division. At any time after initiating steps to avoid abandonment, the
				division, on its own or at the request of the cemetery, may issue a written
				determination that the cemetery has become abandoned. The written determination
				shall be sent to directors and officers of the cemetery corporation and to any
				town in which any part of the cemetery is located.
(b) The determination shall include the
				following information:
(1) The name and
				address of the cemetery corporation and contact information for directors and
				officers of the cemetery corporation;
(2) A description of the standard for
				determining that a cemetery is deemed abandoned;
(3) A description of the factors that led to
				the determination of abandonment;
(4) A description of any efforts taken to
				avoid abandonment and the results of those efforts;
(5) A list of financial accounts showing the
				name of the entity with whom the account is maintained; the type of account;
				the account number; and the last known balance;
(6) A statement that the funds in the account
				are the property of the town, unless the determination of abandonment is
				overturned, and that the town should seek guidance from the Office of the New
				York State Comptroller regarding the use of such funds;
(7) A description of the other assets and
				liabilities of the cemetery; and
(8) A statement that the town is not
				obligated to take title to the real property of the abandoned
				cemetery.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 202 - Cemetery Abandonments › Section 202.6 - Volunteer cemetery maintenance and cleanup programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the request of a municipal
				corporation, the Division of Cemeteries shall assist a municipal corporation in
				the organization, implementation and administration of a volunteer cemetery
				maintenance and cleanup program in an abandoned cemetery wholly contained
				within such municipal corporation for which such municipal corporation has the
				primary responsibility to provide care.
(b) Assistance provided by the division shall
				include, but shall not be limited to, the following:
(1) provide professional and technical
				guidance;
(2) provide a listing of
				service providers, such as historical monument restorers; and
(3) provide written guidelines for general
				maintenance.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				cremation means the technical process, using heat and flame, that reduces human
				remains to ashes and other residue. Cremation shall include the processing, and
				may include the pulverization, of such ashes and other residue.
(b) The term cremains means ashes and other
				residue recovered after the completion of cremation, which may include residue
				of foreign matter that may have been cremated with the human remains.
(c) The term casket includes coffin and means
				a rigid container that is designed for the encasement of human remains and
				customarily ornamented and lined with fabric.
(d) The term unfinished wooden box means an
				unornamented casket made of wood which does not have a fixed interior
				lining.
(e) The term alternative
				container means a nonmetal receptacle or enclosure, typically without
				ornamentation or a fixed interior lining, which is designed for the encasement
				of human remains and which is made of cardboard, pressed wood, composition
				materials (with or without an outside covering) or pouches of canvas or other
				material.
(f) The term cremation
				container means an unfinished wooden box, wooden casket, or alternative
				container which is rigid on all sides, which can be closed to completely cover
				the remains of the deceased human being, which is sufficiently sturdy to lift
				and handle with ease and to support the weight of the deceased and which is
				fully combustible and intended to be incinerated with the human
				remains.
(g) The term ceremonial
				casket, also known as a rental casket, means a casket which is not intended to
				be incinerated with the human remains.
(h) The term crematory means a facility in
				which the remains of deceased human beings are processed by cremation, the
				business or entity operating the facility, or both, as the context
				requires.
(i) The term retort means
				the crematory furnace and chamber(s) by which and in which cremation
				occurs.
(j) The term temporary
				storage facility means an area that:
(1) is a
				separately enclosed room or a separately enclosed area within a room;
(2) is designated for and used exclusively
				for the retention of human remains prior to cremation;
(3) is adequately ventilated;
(4) complies with all applicable public
				health laws regarding the proper handling and storage of human remains and body
				fluids;
(5) is operated and
				maintained in a manner which protects the health and safety of crematory
				personnel;
(6) is secure from
				access by anyone other than authorized persons; and
(7) the interior of which is not visible from
				any area accessible to the general public.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.2 - Maintenance and privacy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A crematory
				shall be used exclusively for the cremation of human remains.
(b) A crematory shall be maintained in a
				clean, orderly and sanitary manner, with adequate ventilation and shall have a
				temporary storage facility.
(c)
				Every crematory must at all times follow accepted policies and procedures with
				respect to infection control, including standard precautions developed by the
				Centers for Disease Control and Prevention.
(d) The general retort area and the temporary
				storage facility shall be separately enclosed areas and when fully closed, the
				interior of one area shall not be visible from within the other area.
(e) Every crematory shall use its best
				efforts to cremate remains within 24 hours of accepting delivery of such
				remains. Good cause, such as the need to confirm the identity of the deceased
				human being, must be demonstrated if remains are cremated more than 48 hours
				after delivery is accepted.
(f)
				Notwithstanding the foregoing, if any remains exhibit an objectionable odor
				either at delivery or at any time thereafter, such remains shall be cremated as
				soon as possible after they have been accepted by the crematory or as soon as
				possible after the objectionable odor is first detected. If any remains are
				known by crematory personnel not to have been embalmed, such remains shall be
				cremated as soon as possible after they have been accepted by the
				crematory.
(g) A crematory may also
				have a ceremony room available for viewings and ceremonies. The ceremony room
				shall be separately enclosed from the general retort area and the temporary
				storage facility. The temporary storage facility interior shall not be visible
				or accessible from the ceremony room. Only members of the immediate family of
				the deceased or their authorized agents and designated representatives may be
				present in the ceremony room during the cremation of the remains of the
				deceased.
(h) Entrances and
				exterior windows of the crematory shall be maintained at all times to secure
				privacy, including:
(1) doors shall be tight
				closing and rigid;
(2) windows
				shall be covered;
(3) entrances
				shall be marked "private" or "authorized entry only" to preclude entry by
				unauthorized persons; and
(4)
				entrances shall be locked and secured when not actively attended by authorized
				crematory personnel.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.3 - Crematory access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No persons
				except authorized persons shall be admitted into the temporary storage facility
				while human remains are being stored and no persons except authorized persons
				shall be admitted into the retort area while the remains of deceased human
				beings are being cremated. Authorized persons shall enter and remain in the
				temporary storage facility or retort area only as necessary to perform or
				assist with the performance of crematory business and operations. On
				admittance, authorized persons shall comply with all rules of the crematory and
				not infringe upon the privacy and dignity of the remains of deceased human
				beings.
(b) The following are
				authorized persons:
(1) licensed, registered
				funeral directors, undertakers, registered residents, and enrolled students of
				mortuary science;
(2) officers and
				trustees of the crematory;
(3)
				authorized employees or agents of the crematory;
(4) public officers acting in the discharge
				of their duties;
(5) authorized
				instructors of funeral directing schools;
(6) licensed physicians or nurses;
				and
(7) members of the immediate
				family of the deceased and their authorized agents and designated
				representatives.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.4 - Identification of deceased human beings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No crematory shall accept the remains of
				any deceased human being without a cremation permit and a cremation
				authorization form as provided in section
				203.13(c) of this
				Part. The cremation permit shall constitute presumptive evidence of the
				identity of the remains.
(b) If a
				crematory has a reasonable, well-grounded basis to doubt the identity of the
				remains, the cremation shall not commence until reasonable confirmation of the
				identity of the deceased human being has been made.
(c) The crematory shall, by a written plan
				available for inspection by the Division of Cemeteries, assure that the
				identification of the deceased, as established by the cremation permit or
				subsequent confirming document, accompanies the remains of the deceased human
				being until the identity of the deceased is accurately and legibly inscribed on
				the containers in which the cremains are placed. From the time the crematory
				accepts delivery of the remains of a deceased human being until the time the
				crematory delivers the cremains as directed, the crematory shall be responsible
				for the remains of the deceased human being and for maintaining the
				identification of the remains.
(d)
				If a document confirming the identity of the deceased is required, it shall be
				provided by the person in control of disposition and may be in the form of, but
				not limited to:
(1) a signed affidavit from a
				licensed physician, a member of the family of the deceased human being, or the
				person in control of disposition; or
(2) a court order from the State Supreme
				Court within the county of the crematory.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.5 - Suitable container

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				crematory shall not accept delivery of the remains of a deceased human being
				unless delivered in either a ceremonial casket or a cremation
				container.
(b) A crematory shall
				only cremate remains in a cremation container.
(c) If the remains are not delivered in a
				cremation container, the crematory shall not accept delivery of the remains
				unless at the time of delivery the crematory receives a written acknowledgment
				and authorization signed by the person in control of disposition that said
				person has been notified that transfer of the remains to a cremation container
				will be required prior to cremation and that said person authorizes such
				transfer of the remains.
(d) The
				signed acknowledgment and authorization of the person in control of disposition
				shall be retained in the permanent file of the crematory.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.6 - Opening container or removing or transferring remains

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The container holding the remains of the
				deceased human being shall be opened after delivery to the crematory only for
				the following purposes and only after the crematory first receives signed
				authorization for such action:
(1) to confirm
				the identity of the deceased;
(2)
				to assure that no material is enclosed which might cause injury to employees or
				damage to crematory property;
(3)
				to transfer the remains to a cremation container;
(4) to comply with any reasonable demand by
				members of the immediate family or the person in control of disposition;
				or
(5) to comply with the demand of
				a public officer in the discharge of the officer's statutory duty.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.7 - Commingling human remains

Current through Register Vol. 46, No. 28, July 10, 2024
The cremation of remains of more than one deceased human
				  being in a retort at any one time is unlawful, except upon written
				  authorization signed by the persons making funeral arrangements and the persons
				  in control of disposition, and the signed consent of the crematory, which
				  record shall be retained in the permanent file of the
				  crematory.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.8 - Cleaning of retort

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the completion of the cremation of the remains of a
				  deceased human being, the interior of the retort shall be thoroughly swept so
				  as to render the retort reasonably free of all matter. The cremains and other
				  remains shall be collected for final processing and placed into an individual
				  container and not commingled with other cremains. The cremation permit shall be
				  attached to the individual container prior to final
				  processing.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.9 - Final processing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				magnet and sieve, or other appropriate method of separation, may be used to
				divide the cremains from incidental or foreign material.
(b) The incidental and foreign material of
				the cremation process shall be disposed of in a safe manner in compliance with
				all applicable Federal, State and local government sanitary rules and
				regulations.
(c)
(1) Unless the person in control of
				disposition and the crematory otherwise agree as set forth in paragraph (2) of
				this subdivision, the entire cremains shall be pulverized until no single
				fragment is recognizable as skeletal tissue.
(2) If the person in control of disposition
				requests in a signed and witnessed writing that a fragment of the cremains be
				preserved as recognizable skeletal tissue and provides a religious or cultural
				reason for the request, the crematory may consent in a signed writing to such a
				request. In that event, prior to pulverization of the cremains, the crematory
				may set aside a single fragment which is recognizable as skeletal tissue and
				which does not have any dimension greater than three inches. The remainder of
				the cremains shall be pulverized until no single fragment of the remainder is
				recognizable as skeletal tissue. The single fragment that is set aside must be
				combined again with the remainder of the cremains immediately after the
				remainder has been pulverized. The signed and witnessed writing from the person
				in control of disposition and the signed written consent of the crematory shall
				be retained in the permanent file of the crematory.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.10 - Container size

Current through Register Vol. 46, No. 28, July 10, 2024
After pulverization, the cremains shall be transferred to a
				  sealable container or containers which shall have inside dimensions of suitable
				  size to contain the entire cremains of the deceased human
				  being.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.11 - Identity label

Current through Register Vol. 46, No. 28, July 10, 2024
The prescribed sealable container shall be accurately and
				  legibly labeled with the identification of the human being whose cremains are
				  contained therein, in compliance with the crematory's approved written plan for
				  identification of the deceased required by section
				  203.4(c) of this
				  Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.12 - Disposing of cremains

Current through Register Vol. 46, No. 28, July 10, 2024
The cremains, enclosed in the manner prescribed by sections
				  203.10 and
				  203.11 of this Part, shall be
				  disposed of in strict accordance with the direction of the person in control of
				  disposition of the remains as set forth in the cremation authorization form,
				  and in accordance with the provisions of section 4202 (4)  of the Public Health
				  Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.13 - Crematory records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				crematory shall maintain a cremation log which shall set forth for each
				delivery of human remains received by the crematory:
(1) the name of the deceased;
(2) the place of death and the estimated
				combined weight of the remains and the container;
(3) the date and time the remains arrived at
				the crematory;
(4) the cremation
				number;
(5) the name of the funeral
				director, undertaker or registered resident delivering the human remains and
				the name and address of the funeral firm which the funeral director, undertaker
				or registered resident represents;
(6) the date and time the remains were
				cremated;
(7) if the remains were
				cremated more than 48 hours from the time the crematory accepted delivery of
				the remains, a detailed explanation showing good cause for the delay;
(8) the retort number in which the remains
				were cremated; and
(9) the type of
				container in which the remains were received and in which the remains were
				cremated.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 203 - Crematory Regulations › Section 203.14 - Emergency cases

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the governor has declared a disaster emergency
				  pursuant to section 28  of the Executive Law or the Cemetery Board determines
				  that emergency conditions exist that substantially delay timely cremation of
				  human remains, then, notwithstanding the requirements of section
				  203.13(c) of this
				  Part, a crematory may accept human remains delivered with a cremation
				  authorization form in which the intended crematory is not identified, is
				  incorrect, or has been manually corrected by a funeral director or a person
				  authorized to deliver remains on behalf of a funeral director, provided that
				  the crematory is able to verify the intended final disposition for such human
				  remains and provided the person in control of disposition has been made aware
				  of and has consented to the transfer.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Paragraph (j) of section 1517  of the Not-for-Profit
				  Corporation Law, as enacted by chapter 579 of the Laws of 2006, empowers the
				  Division of Cemeteries to certify an organization seeking to make application
				  for approval to conduct a cremation certification course of study. In
				  furtherance of its statutory mandate, the Division of Cemeteries has adopted
				  these rules and regulations to establish the training and course requirements
				  for the maintenance and operation of crematories within the State, including
				  but not limited to subjects for study, attendance, examinations and
				  certification of completion.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.2 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				crematory shall ensure that, on or after October 15, 2007, all employees
				operating crematory equipment have attended cremation classes and obtained the
				certificate required by this Part. No employee shall be allowed to operate any
				cremation equipment until he or she has met the requirements of this Part.
				Proof of such employee certification must be posted in the crematory and
				available for inspection at any time.
(b) No certificate or renewal certificate to
				operate a crematory shall be issued to any crematory employee on or after
				October 15, 2007 unless such employee completes a minimum of eight hours of
				cremation certification classes and passes a written examination.
(c) No offering of a course of study in the
				field of cremation operation for purposes of compliance with this Part shall be
				acceptable for credit unless such course of study has been approved by the
				Division of Cemeteries.
(d) All new
				crematory employees whose function is to conduct the daily operations of the
				cremation process must be certified within one year of employment or any
				reclassification as a crematory operator. No employee shall be allowed to
				conduct the daily operations of the cremation process until they have completed
				the certification course, passed the written take home examination and posses a
				certificate of completion. Any employee of a crematory required to be certified
				under this Part and retained prior to October 15, 2007 shall be certified
				within one year of such date. Renewal of such certification shall be completed
				every five years from the date of certification.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.3 - Approved entities

Current through Register Vol. 46, No. 28, July 10, 2024
Cremation certification courses may be given by an
				  organization approved by the Division of Cemeteries. No organization seeking
				  approval as a cremation certification course provider shall be affiliated or
				  associated with, owned, operated or controlled by a funeral
				  entity.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.4 - Request for approval of course of study

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications for approval to conduct a
				cremation certification course of study satisfying the requirements of this
				Part shall be made at least 60 days before the proposed course is to be
				conducted. The application shall be prescribed by the division to include the
				following:
(1) name and business address of
				the organization that will present the course;
(2) if the organization is a partnership, the
				names and home addresses of all the partners of the entity;
(3) if the organization is a corporation, the
				names and home addresses of persons who own five percent or more of the stock
				of the entity;
(4) the name,
				business address, telephone number, resume and qualifications of each
				educational provider who will be teaching and grading the course for the
				organization;
(5) regional or
				geographic locations where classes will be conducted;
(6) description of materials that will be
				distributed;
(7) final examination
				to be presented for the certification course, including the answer
				key;
(8) procedure for taking
				attendance; and
(9) an outline of
				the course content and the number of hours devoted to each subject.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.5 - Subjects of study for crematory operator certification course

Current through Register Vol. 46, No. 28, July 10, 2024
The certification course shall be divided into two subject
				  matter areas. One subject matter area will address the New York statutes and
				  regulations. Such statutes shall include all applicable sections of article 15
				  of the Not-for-Profit Corporation Law (N-PCL) relating to cremations with an
				  emphasis on N-PCL section 1517 and the New York State Public Health Law,
				  sections 3441, 4145, 4200, 4201, 4202, 4210(a), 4216, and 4218. S uch
				  regulations shall include Part 203 of this Title and Part 219-4 of the New York
				  State Department of Environmental Conservation Air Quality Regulations. The
				  approved organization shall devote 20 percent of the total time allotted for
				  the course to the New York statutes and regulations. The other subject matter
				  area of course shall address the general and technical aspects of crematory
				  operations. The subject matter area shall include but not be limited to the
				  cremation process, cremation equipment, operation of cremation chamber,
				  cremation terminology, crematory operator safety, and the identification of
				  cremated human remains. The approved organization shall devote 80 percent of
				  the total time allotted for the course to the general and technical aspects of
				  crematory operations.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.6 - Computation of instruction time

Current through Register Vol. 46, No. 28, July 10, 2024
The certification course for crematory employees shall be a
				  one day course for a total of a minimum of eight hours of instruction to be
				  provided by the approved organization.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.7 - Attendance and examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				applicant to receive certification as a crematory employee shall receive
				certification if he or she is absent from the class room for a period totaling
				more than 10 percent of the time during any instructional period. No crematory
				employee shall be absent from the class room except for a reasonable and
				unavoidable cause.
(b) Any
				crematory employee who fails to attend the required scheduled class hours may,
				at the discretion of the approved organization, make up the missed subject
				matter during subsequent courses presented by an approved
				organization.
(c) Final
				examinations may only be taken by a crematory employee who has satisfied the
				attendance requirement.
(d) The
				final examination shall be a take home examination in which each employee must
				attain a score of 70 percent in order to obtain certification as a crematory
				operator. A failing grade on the final exam shall constitute failure of the
				course. All final exams are to be reviewed and graded by the approved
				organization and a copy of all tests with scores shall be provided to the
				Division of Cemeteries.
(e)
				Individuals who complete a course of study offered outside of the State of New
				York, which course has not been approved by the division, may file a request to
				the division for review and evaluation. Evidence of satisfactory course
				completion must be submitted by the applicant.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.8 - Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each course shall be presented in such premises and in such
				  facilities as shall be necessary to properly present the course. Such
				  facilities shall be pre-approved by the division.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.9 - Examination requirement and record retention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All approved organizations shall retain
				the attendance records, the final examinations and a list of crematory
				employees who successfully complete each certification course for a period of
				five years after completion of each course. All such documents shall during
				normal business hours be available for inspection by authorized representatives
				of the Division of Cemeteries.
(b)
				All examination required for certification shall be in the form of a written
				take home examination and shall be returned to the educational provider within
				two weeks after distribution.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.10 - Change in approved course of study

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be no change or alteration in any approved course
				  of study of any subject or in any instruction staff or provider without prior
				  written notice and approval by the Division of Cemeteries.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.11 - Auditing

Current through Register Vol. 46, No. 28, July 10, 2024
A duly authorized representative of the Division of
				  Cemeteries may audit any course offered, and may verify attendance and inspect
				  the records of attendance of the course at any time during its presentation or
				  thereafter.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 204 - Cremation Certification Course › Section 204.12 - Suspensions and denials of course approval

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days after the receipt of the application for
				  approval of an offering, the Division of Cemeteries shall inform the
				  organization as to whether the offering has been approved, denied, or whether
				  additional information is needed to determine the acceptability of the
				  offering. The division may deny, suspend, or revoke the approval of a
				  certification course of an organization, if it is determined that they are not
				  in compliance with the law and rules, or if the offering does not adequately
				  reflect and present current cremation knowledge as a basis for a level of
				  cremation practice.