reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-4 - Code Of Ethics And Regulations For Home Inspectors › Section 197-4.7 - Conflicts of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 duty of every home inspector shall be to the client. Home inspectors shall
					 avoid conflicts of interest or activities that compromise their professional
					 objectivity, or have the potential of creating an appearance that their
					 professional objectivity has been compromised.
(b) Prior to accepting any home inspection
					 assignment, home inspectors shall disclose to the potential client all known or
					 potential conflicts of interest that could influence or appear to influence the
					 home inspector's judgment or the quality of the home inspector's
					 services.
(c) Home inspectors shall
					 not solicit or accept compensation, financial or otherwise, from more than one
					 interested party for a home inspection unless the circumstances are fully
					 disclosed to the client and agreed upon by all interested parties.
(d) Home inspectors shall not solicit or
					 accept an assignment or contract from a governmental body on which a principal
					 or officer of the home inspector's office or organization serves as a
					 member.
(e) Home inspectors shall
					 not directly or indirectly compensate, in any way, real estate brokers, real
					 estate salespersons, real estate brokerage companies, lending institutions or
					 any other party or parties that expect to have a financial interest in closing
					 the transaction, for future referrals of inspections or for inclusion on a list
					 of recommended inspectors or preferred providers or any similar
					 arrangement.
(f) Home inspectors
					 shall not accept financial or other consideration, such as material or
					 equipment, from suppliers for suggesting the use of, or promoting a specific
					 product in the course of performing a home inspection.
(g) In connection with performing home
					 inspections, home inspectors shall not accept commissions, fees or other
					 consideration directly or indirectly from contractors or other persons or
					 entities dealing with clients or employers of the home inspector in connection
					 with work for which the inspector is responsible for, or has reported
					 upon.
(h) Home inspectors shall not
					 inspect any residential building in which said home inspector or relative
					 thereof has a financial interest or any interest in the transfer thereof,
					 including the receipt of any commission as an agent.
(i) Home inspectors shall not inspect a home
					 if the home inspector's compensation is contingent upon the sale of the home or
					 if compensation is contingent upon the results of the home
					 inspection.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-4 - Code Of Ethics And Regulations For Home Inspectors › Section 197-4.8 - Fraud, misrepresentation and dishonesty

Current through Register Vol. 46, No. 28, July 10, 2024
Home inspectors shall not engage in fraud, fraudulent
						activity, misrepresentation or dishonesty.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-4 - Code Of Ethics And Regulations For Home Inspectors › Section 197-4.9 - Promotion and advertising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home
					 inspectors shall not advertise in a false, misleading or deceptive
					 manner.
(b) Home inspectors shall
					 not falsify or misrepresent their experience, education or qualifications or
					 permit any such misrepresentation by their employees or associates.
(c) Home inspectors shall not advertise home
					 inspection services as an engineer or architect or under the heading of
					 engineers, engineering, architects or architecture in any form of print or
					 electronic media unless the individual and/or firm is licensed to provide
					 engineering or architectural services by the New York State Education
					 Department.
(d) Home inspectors
					 shall refrain from making any claim relating to the quality and effectiveness
					 of services which cannot be substantiated by the home inspector.
(e) Home inspectors placing or authorizing
					 advertisements shall maintain or cause to be maintained an exact copy of each
					 advertisement for a period of one year following the advertisement's last
					 publication. This copy shall be made available for inspection, upon request, by
					 the department or an authorized representative of the department.
(f) Nothing herein shall prohibit a home
					 inspector from advertising his or her services or advertising for the purpose
					 of recruiting employees provided that no such advertisements shall be
					 misleading or deceptive.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.2 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
					 standards of practice establish a minimum and uniform standard for home
					 inspectors. Home inspections shall be performed in compliance with these
					 standards of practice and shall provide the client with objective information
					 regarding the condition of the systems and components of the residential
					 building as observed at the time of the home inspection.
(b) These standards of practice are not
					 intended to limit home inspectors from including other inspection services or
					 from observing and reporting upon systems and components not required by these
					 standards of practice.
(c) The home
					 inspection report shall clearly identify the systems and components of the
					 residential building that were observed. If a home inspector is providing a
					 home inspection that does not meet the minimum requirements as set forth in
					 this standards of practice, the home inspection report must describe the scope
					 of work, the services provided and the systems and components that are included
					 and excluded in the inspection.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.3 - Minimum requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home
					 inspectors shall observe and report on readily accessible, visually observable
					 installed systems and components as set forth in these standards of
					 practice.
(b) Home inspectors shall
					 report on those systems and components observed that, in the professional
					 opinion of the home inspector, are deficient, not functioning properly and/or
					 unsafe.
(c) If a home inspector has
					 not observed a particular system or major component, he or she shall list said
					 item in the inspection report as an item that was not observed and shall set
					 forth the reasons why said item was not observed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.4 - Site conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home
					 inspectors shall observe and report the following site conditions:
(1) the building perimeter for land grade and
					 water drainage directly adjacent to the foundation;
(2) trees and vegetation that adversely
					 affect the residential building;
(3) walkways, steps, driveways, patios and
					 retaining walls.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.5 - Structural systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home
					 inspectors shall observe and report on the following:
(1) any deteriorated and/or damaged
					 structural component including the building foundation and framing;
(2) the floor structure;
(3) the wall structure;
(4) the ceiling structure;
(5) the roof structure.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.6 - Exterior

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home inspectors
					 shall observe and report on:
(1) all exterior
					 walls and coverings, flashing and trim;
(2) all exterior doors including garage doors
					 and operators;
(3) all attached or
					 adjacent decks, balconies, stoops, steps, porches and railings;
(4) all eaves, soffits and fascias where
					 accessible from the ground level;
(5) all adjacent walkways, patios and
					 driveways on the subject property;
(6) the condition of a representative number
					 of windows.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.7 - Roof systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home
					 inspectors shall observe and report on readily accessible:
(1) roofing materials and
					 condition;
(2) roof drainage
					 systems;
(3) flashing;
(4) skylights, chimneys and roof
					 penetrations.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.8 - Plumbing system

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home
					 inspectors shall observe and report on the following visibly and readily
					 accessible components, systems and conditions:
(1) interior water supply and distribution
					 systems including fixtures and faucets;
(2) drain, waste and vent systems;
(3) water heating equipment and vents and
					 pipes;
(4) fuel storage and fuel
					 distribution systems and components;
(5) drainage sumps, sump pumps, ejector pumps
					 and related piping;
(6) active
					 leaks.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.9 - Electrical system

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home
					 inspectors shall observe and report upon readily accessible and observable
					 portions of:
(1) service drop;
(2) service entrance conductors, cables and
					 raceways;
(3) the main and branch
					 circuit conductors for property over current protection and condition by visual
					 observation after removal of the readily accessible main and sub electric panel
					 covers;
(4) service
					 grounding;
(5) interior components
					 of service panels and sub-panels;
(6) a representative number of installed
					 lighting fixtures, switches and receptacles;
(7) a representative number of ground fault
					 circuit interrupters.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.10 - Heating system

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home
					 inspectors shall:
(1) describe the type of
					 fuel, heating equipment and heating distribution system;
(2) operate the systems using
					 thermostats;
(3) open readily
					 accessible and operable access panels provided by the manufacturer or installer
					 for routine homeowner maintenance;
(4) observe and report on the condition of
					 normally operated controls and components of the systems;
(5) observe and report on visible flue pipes,
					 dampers and related components for functional operation;
(6) observe and report on the presence of and
					 the condition of a representative number of heat sources in each habitable
					 space of the residential building;
(7) observe and report on the operation of
					 fixed supplementary heat units;
(8)
					 observe and report on visible components of vent systems, flues and
					 chimneys.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.11 - Air conditioning systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home inspectors shall:
(1) observe, describe and report on the type
					 of air conditioning equipment and air conditioning distribution
					 system;
(2) operate the system
					 using the thermostat;
(3) open a
					 representative number of readily accessible and operable access panels provided
					 by the manufacturer for routine homeowner maintenance;
(4) observe and report on the condition of
					 normally operated controls and components of the system.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.12 - Interior

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home inspectors
					 shall:
(1) observe and report on the material
					 and general condition of walls, ceilings and floors;
(2) observe and report on steps, stairways
					 and railings;
(3) observe, operate
					 and report on garage doors, garage door safety devices and garage door
					 operators;
(4) where visible and
					 readily accessible, observe and report on the bath and/or kitchen vent fan
					 ducting to determine if it exhausts to the exterior of the residential
					 building;
(5) observe, operate and
					 report on a representative number of primary windows and interior
					 doors;
(6) observe and report on
					 visible signs of water penetration.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.13 - Insulation and ventilation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Home inspectors shall:
(1) observe, describe
					 and report on insulation in accessible, visible unfinished spaces;
(2) observe, describe and report on
					 ventilation of accessible attics and foundation areas;
(3) observe and report on mechanical
					 ventilation systems in visible accessible areas.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.14 - Fireplaces

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home inspectors
					 shall:
(1) observe and report on visible and
					 accessible system components;
(2)
					 observe and report on visible and accessible chimneys and vents;
(3) observe and report on chimney
					 caps;
(4) observe and report on
					 fireplaces and solid fuel burning appliances;
(5) observe and report on chimneys;
(6) observe, operate and report on accessible
					 fireplace dampers.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.15 - Attics

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Home inspectors
					 shall observe and report on any safe and readily accessible attic space
					 describing:
(1) the method of observation
					 used; and
(2) conditions
					 observed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter K - Document Destruction Contractors › Part 198 - Document Destruction Contractors › Section 198.1 - Fingerprinting: principals and officers

Current through Register Vol. 46, No. 28, July 10, 2024
Fingerprints taken pursuant to General Business Law,
					 section 899-b bb shall be taken by a method prescribed by the Division of
					 Criminal Justice Services.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter K - Document Destruction Contractors › Part 198 - Document Destruction Contractors › Section 198.2 - Investigation

Current through Register Vol. 46, No. 28, July 10, 2024
Within five business days after receipt of an application
					 for registration as a document destruction contractor, the Department of State
					 shall transmit to the Division of Criminal Justice Services two sets of
					 fingerprints and the fees required pursuant to 837(8-a) of the Executive Law
					 for the cost of the division's full search and retain procedures. The required
					 fees shall be paid by the applicant upon submitting the completed application
					 to the Department of State. The Division of Criminal Justice Services shall
					 ascertain whether or not the applicant has been charged with or convicted of a
					 crime and shall provide a criminal history report to the Department of State.
					 The Department of State may cause to be conducted an investigation to verify
					 the information contained in the criminal history report and the application
					 for a document destruction contractor license. The department, in consultation
					 with the division, may waive such background checks, investigations and fees if
					 in its opinion, the applicant has been subject to previous background checks
					 and investigation requirements which meet or exceed the requirements of this
					 section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter K - Document Destruction Contractors › Part 198 - Document Destruction Contractors › Section 198.3 - Supervisory responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
Each registered document destruction contractor shall
					 supervise its employees and their business activities. Such supervision shall
					 include but not be limited to regular, frequent and consistent personal
					 guidance, instruction, oversight and superintendence by such contractor with
					 respect to its general business and all matters relating
					 thereto.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter K - Document Destruction Contractors › Part 198 - Document Destruction Contractors › Section 198.4 - Business and employee records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Each registered document destruction contractor shall keep and maintain for a
				  period of at least three years all records of each transaction it performs;
				  provided, however, that with respect to any transaction which is the subject of
				  litigation, upon the expiration of such three-year period, such records shall
				  be continue to be retained for the duration of the litigation and any pending
				  appeal. Litigation shall include investigation or administrative action by the
				  Department of State, initiated by complaint from the general public or by the
				  department.
(b) Each registered
				  document destruction contractor shall maintain employee and business records at
				  a central location within New York State. For purposes of this Part, business
				  records shall include all company and personnel records pertaining exclusively
				  to the conduct of business in New York State.
(c) Each registered document destruction
				  contractor shall prepare and retain as a business record a statement of
				  services and charges which have been agreed upon between such contractor and
				  its customer, a copy of which shall be provided to such customer after it has
				  been signed by both parties. The statement of services and charges shall also
				  identify and name any employee who will be providing the consumer with document
				  destruction services.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter K - Document Destruction Contractors › Part 198 - Document Destruction Contractors › Section 198.5 - Employee responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
Any person who is or has been an employee of a registered
					 document destruction contractor shall not divulge to anyone other than his or
					 her employer, except as may be required by law, any information acquired by him
					 or her during such employment in respect to any of the work to which he or she
					 shall have been assigned by such employer.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter K - Document Destruction Contractors › Part 198 - Document Destruction Contractors › Section 198.6 - Registration revocation and suspension

Current through Register Vol. 46, No. 28, July 10, 2024
A document destruction contractor, or the principal of any
					 document destruction firm, company, partnership, corporation or organization
					 registered under article 39-G of the General Business Law which has its
					 registration revoked or suspended by the Department of State shall be
					 ineligible to re-register as a document destruction contractor for the period
					 of such revocation or suspension. A document destruction contractor whose
					 license has been revoked or suspended shall be prohibited from acting as a
					 principal of any document destruction contractor firm, company, partnership,
					 corporation or organization or from employing other persons to conduct document
					 destruction services for the period of the revocation or
					 suspension.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter K - Document Destruction Contractors › Part 198 - Document Destruction Contractors › Section 198.7 - Notice of criminal conviction

Current through Register Vol. 46, No. 28, July 10, 2024
A registered document destruction contractor who is
					 convicted of a crime as defined in the Penal Law in this State or an offense
					 which would constitute a crime if committed in New York in any other state or
					 Federal or foreign jurisdiction, shall give notice of such conviction to the
					 Department of State, Division of Licensing Services, at its Albany office, by
					 certified mail, return receipt requested, within 10 days from date of
					 conviction.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter K - Document Destruction Contractors › Part 198 - Document Destruction Contractors › Section 198.8 - Statement of licensure

Current through Register Vol. 46, No. 28, July 10, 2024
All documents or receipts issued by a registered document
					 destruction contractor shall contain the unique identification number issued to
					 such individual or business and the phrase "registered with the N.Y.S.
					 Department of State.''
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter K - Document Destruction Contractors › Part 198 - Document Destruction Contractors › Section 198.9 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
All principals and employees of registered document
					 destruction contractors shall be subject to the enforcement provisions
					 contained in article 39-G of the General Business Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter L - Bedding › Part 199 - Bedding › Section 199.1 - Label requirements for new and used bedding

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements set forth in sections 389-a and 389-b  of the General Business Law, each label for new or used bedding shall
					 identify, as appropriate, the name of the seller of the used bedding, the name
					 of the manufacturer of the new bedding, the name of the manufacturer of the
					 used bedding, or the name of repairer, renovator or rebuilder of used bedding.
					 Each label shall also indicate the method used to sanitize the used
					 bedding.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter L - Bedding › Part 199 - Bedding › Section 199.2 - Sanitizing standards for used bedding

Current through Register Vol. 46, No. 28, July 10, 2024
Every seller of used bedding, manufacturer of used bedding
					 and repairer, renovator or rebuilder of used bedding shall, prior to the sale
					 or distribution of such bedding, perform at least one of the following
					 sanitizing practices:
(a) replacement
				  with new materials:
(1) remove and discard
				  the outer fabric and all soft filling materials such as the inner foam, pad and
				  other bedding components and materials except the springs and, if a box spring,
				  its frame; and
(2) sanitize the
				  springs and, if a box spring, its frame, with a detergent and bleach solution
				  following product label directions; and
(3) replace, with new material, the outer
				  fabric and all soft filling materials and other bedding components except the
				  springs and, if a box spring, its frame. Ensure springs and frame are
				  thoroughly dry before replacing outer fabric, soft filling materials and other
				  bedding components;
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter L - Bedding › Part 199 - Bedding › Section 199.3 - Segregation of unsterilized articles of bedding or materials

Current through Register Vol. 46, No. 28, July 10, 2024
All bedding and other materials which have not been
					 sanitized in accordance with this Part shall be separately stored and
					 completely segregated from new or sanitized articles or
					 materials.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 200 - Rules Of Procedure Of State Cemetery Board › Section 200.1 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Not-for-Profit Corporation Law may be cited herein as N-PCL.
(b) The Division of Cemeteries of the
				Department of State may be referred to as the division.
(c) The Director of the Division of
				Cemeteries of the Department of State may be referred to as the
				director.
(d) For purposes of
				administration and reporting requirements, cemeteries shall be classified as
				follows:
(1) The term small cemetery
				corporation means any cemetery corporation which had, at the end of the
				preceding calendar year, less than $ 1,000,000 in total financial
				assets.
(2) The term medium
				cemetery corporation means any cemetery corporation which had, at the end of
				the preceding calendar year, at least $ 1,000,000 but less than $ 10,000,000 in
				total financial assets and which had under $1,000,000 in total receipts in the
				preceding calendar year.
(3) The
				term large cemetery corporation means:
i) any
				cemetery corporation which had, at the end of the preceding calendar year,
				$10,000,000 or more in total financial assets; or
ii) any cemetery corporation which had
				$1,000,000 or more in total receipts in the preceding calendar year.
(4) The term non-traditional
				cemetery corporation means any cemetery corporation which does not offer and
				has not in the past offered full body ground burials. A non-traditional
				cemetery corporation is excluded from the terms small, medium and large
				cemetery corporation.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 200 - Rules Of Procedure Of State Cemetery Board › Section 200.3 - Filing of financial reports by cemeteries

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every cemetery
				corporation shall file an annual financial report with the division within 90
				days following the close of the cemetery's fiscal year. The annual report shall
				be filed or submitted in the form and manner prescribed by the division,
				whether by mail, electronically, or otherwise.
(b) The annual report shall be signed by at
				least two officers or directors of the cemetery corporation, shall include a
				completed division financial report, DOS-415, and shall include any Federal
				Form 990 filed by the cemetery for the preceding calendar or fiscal year. The
				Form 990 shall be filed or submitted in the manner prescribed by the division,
				whether by mail, electronically or otherwise.
(c) In addition, every medium, large and
				non-traditional cemetery corporation and any cemetery directed to do so
				pursuant to §
									200.4(d) of this
				section shall also file a CPA financial report.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 200 - Rules Of Procedure Of State Cemetery Board › Section 200.4 - CPA financial reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every medium
				cemetery corporation shall file a CPA financial review with the division within
				90 days following the close of the cemetery's fiscal year. The review shall be
				conducted by an independent certified public accountant or an independent
				enrolled public accountant. It shall be supplemented by the following data:
(1) a description of the extent of the
				physical examination of the cash and investments;
(2) a statement concerning the internal
				controls for safeguarding the cash and investments;
(3) a statement concerning compliance with
				N-PCL section 1507(c) and (d) indicating whether separate accounts are
				maintained for each perpetual care endowment, reflecting the principal amount,
				the income apportioned for the year, the cost of care charged for the year, and
				the excess of income credited to such account to be used in future years;
(4) a statement concerning the
				accountability for the permanent maintenance fund, indicating whether the
				cemetery's records separately identify cumulative principal reflecting
				allocations from the proceeds of the sales of lots and from supplemental
				sources, cumulative capital gains or losses from investments, and the retained
				income available for the maintenance and preservation of the cemetery; and
(5) a statement concerning the
				accountability for the perpetual care fund, indicating whether the cemetery's
				records separately identify cumulative principal for endowment, cumulative
				capital gains or losses, and the cumulative income retained for use in future
				years.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 200 - Rules Of Procedure Of State Cemetery Board › Section 200.5 - Additional information and reports

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing herein limits or impairs the power and authority of
				  the cemetery board pursuant to N-PCL section 1508(b) and other provisions of
				  Article 15 of the N-PCL.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 200 - Rules Of Procedure Of State Cemetery Board › Section 200.6 - Commercial crime insurance coverage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every cemetery
				corporation shall carry commercial crime insurance or similar insurance
				coverage for the acts or omissions of cemetery directors, officers, and
				employees as well as volunteers who handle money, accounts or securities for
				the cemetery.
(b) The annual
				financial report filed with the division shall set forth the amount of
				commercial crime coverage, the classes of persons included, the name of the
				carrier/issuer, the policy number, and the expiration date of coverage.
(c) The amount of coverage
				required is $15,000 or 10% of total financial assets, whichever is greater, up
				to a maximum of $500,000. Notwithstanding the foregoing:
(1) the division may, at its discretion,
				order a cemetery to obtain commercial crime coverage in excess of $500,000 if
				it determines that an increase in coverage is appropriate and that such
				coverage is readily available in the marketplace. A cemetery subject to such
				order may file a protest with the Cemetery Board pursuant to section
				200.2(b);
				and
(2) Upon application as
				prescribed by the division showing good cause for such relief, a cemetery may
				request that the division reduce, waive or modify the requirements under this
				section. Good cause may include proof that the cemetery is unable to obtain
				commercial crime insurance or similar coverage despite diligent effort, or that
				the cost of such coverage at the level required by this section is onerous and
				unreasonable.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 200 - Rules Of Procedure Of State Cemetery Board › Section 200.7 - Location of offices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The principal
				office of the State Cemetery Board is located at 123 William Street, New York,
				NY 10038-3804.
(b) All
				communications, papers, maps or copies thereof, reports or documents shall be
				addressed to or filed in the principal office of the State Cemetery Board
				unless otherwise directed by the division.
(c) Orders by the State Cemetery Board may be
				filed in its principal office or its Albany, New York branch.
(d) There are branch offices at One Commerce
				Plaza, 99 Washington Avenue, Albany, NY 12231-0001; State Office Building, 207
				Genesee Street, Utica, NY 13501-3744; Hughes State Office Building, 333 E.
				Washington Street, Syracuse, NY 13202-1418; 44 Hawley Street, Binghamton NY
				13901 and 65 Court Street, Buffalo, NY 14202-3471.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 200 - Rules Of Procedure Of State Cemetery Board › Section 200.9 - Application for extension of time

Current through Register Vol. 46, No. 28, July 10, 2024
An application for extension of time within which to file any
				  annual or periodic report with the State Cemetery Board or the division shall
				  be filed before the expiration of the period prescribed and shall set forth in
				  detail:
(a) the effort made by the
				applicant to prepare such report; and
(b) the further period of time required to
				file such report.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 200 - Rules Of Procedure Of State Cemetery Board › Section 200.10 - Serving of notices by Cemetery Board or division

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise specified by statute, all notices or other
				  papers shall be served by the State Cemetery Board or the division upon a
				  cemetery corporation in person or by mail. When any party is represented by an
				  attorney, service upon such attorney shall be deemed service upon the
				  party.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 200 - Rules Of Procedure Of State Cemetery Board › Section 200.11 - State cemetery vandalism restoration, monument repair or removal and administration fund

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Definitions.
(1) Vandalism means the willful
				or malicious destruction or defacement of property in a cemetery, including,
				but not limited to, the toppling of memorial stones, damage to crypts, niches,
				grave sites, monuments and memorials.
(2) Abandoned cemetery means a cemetery
				maintained by a municipality pursuant to law, including but not limited to one
				maintained by a town pursuant to Town Law, section 291 or by a county pursuant
				to County Law, section 222(5-a), which cemetery was previously owned by a
				cemetery corporation organized pursuant to the Not-for-Profit Corporation Law
				or existing by virtue of the Membership Corporation Law, for which there no
				longer exists any corporate board or body to maintain it, and for which there
				is no sufficient trust fund or endowment to provide ordinary and necessary care
				and maintenance.
(3) Municipality
				means a city, county, town or village.
(4) Maintenance means the ordinary and
				necessary care of a cemetery, including the removal of grass and weeds, and the
				preservation, care and fencing of a cemetery, and also including the care of
				crypts, niches, grave sites and monuments and memorials paid for by means of
				the general fund or special fund or the income applied from the permanent
				maintenance fund, perpetual care fund, monument maintenance fund, general fund,
				or a special fund.
(5) Qualifying
				damage means damage caused by an act or acts of vandalism that cannot be
				repaired by means of regular maintenance.
(6) Fund means the fund created by
				Not-for-Profit Corporation Law, section 1507(h) and State Finance Law, section
				97-r.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.1 - Offer of resale of cemetery lots to cemetery corporations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the lot sought to be sold is
				improved, as by a mausoleum, the Cemetery Board will, there being no
				objectionable factors, grant approval of the resale upon proof that the
				cemetery corporation has refused to repurchase the lot, in accordance with the
				provisions of section 1513 (c)  of the Not-for-Profit Corporation Law, together
				with the sound value of the improvement thereon.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.2 - Sale of lots or graves purchased prior to September 1, 1949 for purpose of resale

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Cemetery Board will approve resale of a lot or grave owned by persons, firms or
				corporations engaged in the business or practice of funeral directing pursuant
				to article 34 of the Public Health Law prior to September 1, 1949, there being
				no objectionable factors, upon proof that the cemetery corporation has refused
				to repurchase the same as provided in section 1513 (c)  of the Not-for-Profit
				Corporation Law provided that:
(1) the resale
				be made only for immediate use and not in advance of need, except for the sale
				of a reserve grave for a spouse if purchased at the same time as the grave
				purchased for immediate use;
(2)
				the price shall be as closely equivalent as possible to the price posted and
				filed by the cemetery corporation for a comparable lot or grave;
(3) the seller shall pay to the cemetery
				corporation wherein the lot or grave is located within five days of the signed
				agreement, a sum equivalent to 25 percent of the gross resale price, which sum
				shall thereupon be deposited by the cemetery corporation into its permanent and
				current maintenance funds as established by and subject to the provisions of
				section 1507 (a)  of the Not-for-Profit Corporation Law, as follows: not less
				than 25 percent into the statutory funds.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.3 - Burial in a path or walk

Current through Register Vol. 46, No. 28, July 10, 2024
The cemetery board authorizes the director to approve an
				  interment in a path, alley, avenue or walk, under a conveyance made prior to
				  September 1, 1949, where, in the opinion of the director, there will remain
				  reasonable access to other lots, plots and graves.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.4 - Foreign cemetery corporations

Current through Register Vol. 46, No. 28, July 10, 2024
The certificate of authority for a foreign corporation to do
				  business in this State in the selling or offering for sale of cemetery lots,
				  plots or parts thereof, located within this State, cannot be issued without the
				  prior approval of the Cemetery Board. The Cemetery Board will approve a
				  certificate of authority of a foreign corporation only upon condition that the
				  foreign corporation is and shall be in compliance with the provisions of N-PCL
				  article 15.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.6 - Sale of outer containers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				cemetery corporation may not compel the use of any particular outer enclosure,
				except that a cemetery may require the use of a concrete burial vault, or, at
				the option of the customer, a concrete grave liner under the following
				conditions and restrictions:
(1) the customer
				must have purchased a lot after January 1, 1985;
(2) the requirement must be stated
				prominently in writing and a written statement must be given to the customer in
				advance of the signing of the agreement to purchase a grave or lot;
(3) only a concrete grave liner or a concrete
				burial vault of the type and grade which conforms to the following minimum
				specifications may be required:
(i) concrete
				burial vault
--11/2" average sidewall
--2" top
--2" bottom (whether top seal or plate of air seal)
--4,500 pounds per square inch
--Sealed
(ii) concrete grave liner
--11/2" average top and bottom
--1" sidewall
--minimum of two holes in or near bottom to allow discharge
				  of water
--4,500 pounds per square inch
--not sealed
(4) should a lot owner, a person with burial
				rights or a representative of one about to be interred express objection to the
				use of the required concrete burial vault or grave liner at the time of
				interment based upon a religious belief, the cemetery must, without question,
				cancel the requirement that a concrete vault or concrete grave liner be used;
				provided, however, that the cemetery may impose at the time of interment a
				reasonable fee for the periodic refilling of the grave after receiving approval
				of the Cemetery Board for that fee;
(5) a plot owner may purchase the prescribed
				grave liner from any source including the cemetery; and
(6) a cemetery may not sell burial
				vaults.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.7 - Posting of sign at cemetery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				cemetery corporation shall post in its main office a notice that provides the
				following in no less than 20-point type:
(Name of Cemetery)
is regulated by the
New York State Cemetery Board
(Phone number of nearest office of NYS
Division of Cemeteries, or hotline)
If the cemetery corporation does not have a main office on or
				  adjacent to the cemetery premises that is open during regular business hours at
				  least five days per week, it shall post such notice at the main entrance to the
				  cemetery in no less than 40-point type. Such notice shall also include the
				  name, title and office telephone number of the superintendent or other person
				  with primary responsibility for the operation of the cemetery.
(b) The sign shall be legible, in
				the English language and in any other language deemed appropriate by the
				cemetery corporation, and posted in a conspicuous, unobstructed location that
				is readily visible to a visitor to the cemetery corporation's main office or to
				a person who approaches the cemetery's main entrance.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.8 - Availability for interment on six-day basis

Current through Register Vol. 46, No. 28, July 10, 2024
Every cemetery corporation shall be available for interments
				  at least six days per week (legal holidays excluded) as set forth in the
				  cemetery's regulations or in accordance with its practices, except as otherwise
				  ordered by the Cemetery Board. Any cemetery which maintains and designates a
				  burial section for persons of a particular religious belief must remain
				  available for grave openings and interments Sunday through Friday or other
				  six-day period in accordance with the religious and/or ethnic traditions of the
				  persons interred in said religious section. Nothing herein shall require a
				  cemetery to provide grave openings and/or interments if they are otherwise
				  unable to do so as a direct consequence of severe weather conditions or other
				  similar conditions.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.9 - Maintenance of maps and directional signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every cemetery shall erect, exhibit, keep
				and maintain maps delineating lots, plots, roads, avenues, paths, alleys, and
				walks by their respective names or designations.
(b) Every cemetery shall supply readable
				copies of such maps, or pertinent sections thereof without charge, to all
				interested persons. Plot owners shall be advised, in writing, of the
				availability of the maps.
(c) Every
				cemetery shall maintain appropriate identifying and directional signs at each
				and every intersection of the roads, avenues, paths, alleys and walks in the
				cemetery; said signs shall be made of weatherproof material and unobstructed,
				clear and legible. Where a cemetery has denominated subdivisions or sections by
				name, letter or other convenient identification, the boundaries of each said
				section or subdivision shall be likewise so identified. This subdivision shall
				not apply to cemeteries at which a full view of the whole area of its developed
				grounds is within sight of the main entrance.