reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.1 - Purpose and scope; definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement the provisions of P.L. 2011, c. 230, which requires that crematories be located on dedicated cemetery property, except for those operated in conjunction with a funeral home that was established prior to December 1, 1971.
(b) For purposes of this subchapter, "operator" means a cemetery company, governmental entity, a religious corporation or organization, or a funeral home that operates a crematory.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.2 - Crematory records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator that performs cremations shall maintain records for each cremation that includes:
1. The name, last residence, age, and place and date of death of the decedent;
2. The name and address of the person or persons who authorized the cremation;
3. The name and address of the funeral home, and the name and license number of its funeral director, from whom the remains were received for cremation;
4. The date and time the cremation was started;
5. The date and time the cremation was completed;
6. The recipient of the cremated human remains or, if there is no recipient, the final disposition of the cremated human remains;
7. The type of casket or container;
8. The number of the metal identification disc, or other non-combustible identification tool, issued by the operator;
9. The cremation unit or retort number, if there is more than one unit; and
10. The initials of the individual or individuals performing the cremation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.3 - Authorization and receipt form(s) for cremations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator shall not perform a cremation, unless the following information has been provided by a funeral director on an authorization and receipt form(s):
1. Name of the decedent;
2. Last residence of decedent, if known;
3. Decedent's date of birth or age and the date, time, and place of death;
4. Whether the death was due to an infectious or contagious disease, if known;
5. A statement that any surgical implants that must be removed prior to cremation have been removed;
6. Whether the decedent received radiation therapy, the type of radiation therapy, and the date it was provided;
7. Name, address, relationship to decedent, and the signature of the individual or individuals authorizing cremation;
8. Name and address of the funeral home from which the remains were received for cremation;
9. Name, license number, and signature of the funeral director for the funeral home from which the remains were received for cremation and a certification of the contents of the casket or container signed by the funeral director; and
10. Planned disposition of cremated human remains and date on which this disposition will occur, if known.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.4 - Maintenance logs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator shall maintain a log of inspections, preventative maintenance, scheduled maintenance, and emergency maintenance on cremation units or retorts. Such a log shall include:
1. The cremation unit or retort number, if there is more than one unit;
2. Number of cremations performed since last maintenance;
3. Description of the work performed on the cremation unit or retort or the type of inspection performed;
4. Name of person performing the work or inspection; and
5. Disposition of any debris.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.5 - Caskets and containers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator shall only accept for cremation a decedent's remains if they are in a casket or container that is:
1. Totally enclosed;
2. Rigid;
3. Has no evidence of leaking; and
4. Made up of materials that will not emit hazardous or toxic elements upon combustion.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.6 - Storage facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator shall have a storage facility for human remains that cannot be immediately cremated because cremation equipment is being used for other cremations. Such facilities shall be easily accessible from the area where cremations are performed.
(b) A casket or container in a storage facility shall be placed on its own shelf or rack. A casket or container shall not be placed on the floor.
(c) Un-embalmed human remains kept for more than 24 hours shall be placed in a refrigerated storage facility.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.7 - Receiving remains for cremation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator shall appoint an employee or employees who are responsible for accepting human remains for cremation.
(b) A person appointed pursuant to (a) above shall, prior to accepting human remains, review and inspect the following:
1. Cremation authorization and receipt form(s) that contains the information required by N.J.A.C. 13:44J-9.3;
2. Cremation permit required by N.J.A.C. 8:9 Appendix A or a similar form from another state; and
3. The casket or container to ensure it complies with the requirements of N.J.A.C. 13:44J-9.5.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.8 - During a cremation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During a cremation, the operator shall ensure that someone is monitoring the cremation and temperature.
(b) Upon the completion of a cremation, an operator shall ensure that cremated human remains and casket or container residue are inspected to establish that the cremation process is completed prior to starting the cool down of the cremation unit or retort.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.9 - Removing and processing cremated human remains and casket or container residue

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to removing cremated human remains and casket or container residue, an operator shall ensure that the metal identification disc, or other non-combustible identification tool, is checked against the authorization and receipt form(s).
(b) Non-combustible material shall be removed from cremated human remains and casket or container residue.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.10 - Temporary containers and packaging

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After processing pursuant to N.J.A.C. 13:44J-9.9, cremated human remains and casket or container residue shall be transferred to a leak-proof container. No other material shall be placed in the container without written instructions from the individual authorizing the cremation.
(b) The operator shall affix a label to the container with the decedent's name and the date of the cremation.
(c) Prior to affixing the label to the container pursuant to (b) above, the operator shall ensure that the metal identification disc, or other non-combustible identification tool, authorization and receipt form (s), and label are checked for consistency and accuracy.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.11 - Notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An operator shall notify the Board of any replacement or closure of a crematory.
(b) Prior to expanding an existing crematory, an operator shall notify the Board. If the Board determines that the expansion constitutes construction of a crematory, the operator shall apply to the Board for approval pursuant to N.J.A.C 13:44J-13.8.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.12 - Shipment of cremated human remains

Current through Register Vol. 56, No. 14, July 15, 2024
An operator may ship cremated human remains through the U.S. Postal System, using registered or certified mail, return receipt, or any other parcel service that provides a delivery document. The operator shall label both the inside container and outside wrapper to identify the contents as cremated human remains. The cremated human remains shall be securely packaged.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 9 - CREMATED HUMAN REMAINS AND CREMATORIES › Section 13:44J-9.13 - Annual cremation fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Operators shall submit to the Board the cremation fee pursuant to N.J.A.C. 13:44J-3.1(a)1ii annually.
(b) If an operator is required to submit an annual report pursuant to N.J.A.C. 13:44J-5.6, the operator shall include the cremation fee with any other charges due to the Board that are submitted with the annual report.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 10 - SALESPEOPLE › Section 13:44J-10.1 - Salesperson license

Current through Register Vol. 56, No. 14, July 15, 2024
No person may act as a cemetery salesperson unless he or she holds a valid license issued by the Board or is an officer, superintendent, manager or clerk of the cemetery company.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 10 - SALESPEOPLE › Section 13:44J-10.2 - Application for license as a cemetery salesperson

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for an initial cemetery salesperson license shall submit the following:
1. A completed application form;
2. A passport size face photograph, taken within the last year;
3. The application and temporary license fee as provided by 13:44J-3.1(a)2  i;
4. A completed criminal history investigation form and fingerprint card, provided by the Board;
5. The criminal history investigation fee in the form of certified check or money order as set by the New Jersey State Police;
6. For applicants who have been convicted of a criminal offense, a completed criminal history questionnaire;
7. For applicants who reside outside of New Jersey, a completed designation of agent form;
8. A completed child support questionnaire; and
9. An affidavit stating that the applicant will not engage during active licensure as a cemetery salesperson in any activity prohibited by 45:27-16(c), which includes:
i. The manufacture or sale of memorials;
ii. The manufacture or sale of private mausoleums;
iii. The manufacture or sale of vaults, including vaults installed in a grave before or after sale and vaults joined with each other in the ground; and
iv. The conduct of any funeral home or the business or profession of mortuary science.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 10 - SALESPEOPLE › Section 13:44J-10.3 - Renewal of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery salesperson license shall be valid for two years. An applicant for renewal of a cemetery salesperson license shall submit the following:
1. A completed renewal form;
2. The renewal fee as specified by 13:44J-3.1(a)2  iii; and
3. For applicants who reside outside of this State, a designation of agent form if no designation of agent form has ever been submitted to the Board or if the designation of agent form previously submitted does not list the current agent for service of process.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 10 - SALESPEOPLE › Section 13:44J-10.4 - Possession of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed cemetery salesperson shall have the license in his or her possession whenever acting as a cemetery salesperson.
(b) A copy of the cemetery salesperson license shall be posted in each office of the cemetery company.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 10 - SALESPEOPLE › Section 13:44J-10.5 - Branch licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery salesperson may sell for more than one cemetery company. A cemetery salesperson who sells for more than one cemetery company shall apply for an initial license for the first cemetery company for which he or she sells and a branch license for every other cemetery company for which he or she sells.
(b) A cemetery salesperson who applies for a branch license shall submit an application and pay a branch license fee pursuant to 13:44J-3.1(a)2  iv.
(c) Branch licenses shall be renewed at the same time as the initial license. An applicant for renewal of a branch license shall submit the following:
1. A completed renewal form;
2. The renewal fee as specified by 13:44J-3.1(a)2  vi; and
3. For applicants who reside outside of this State, a designation of agent form if no designation of agent form has ever been submitted to the Board or if the designation of agent form previously submitted does not list the current agent for service of process.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 10 - SALESPEOPLE › Section 13:44J-10.6 - Jurisdiction; local licensing and bonding

Current through Register Vol. 56, No. 14, July 15, 2024
No county or municipality may require a validly licensed cemetery salesperson to purchase or obtain any type of license or permit or to post any type of bond in connection with the sale of cemetery property or services supplied or performed by a cemetery company.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 10 - SALESPEOPLE › Section 13:44J-10.7 - Prohibited activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery salesperson shall not engage during active licensure as a cemetery salesperson in any activity prohibited by 45:27-16(c)  including:
1. The manufacture or sale of memorials;
2. The manufacture or sale of private mausoleums;
3. The manufacture or sale of vaults, including vaults installed in a grave before or after sale and vaults joined with each other in the ground; and
4. The conduct of any funeral home or the business or profession of mortuary science.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 11 - INTERMENT SPACES OR NICHES › Section 13:44J-11.1 - Inalienability of interment spaces

Current through Register Vol. 56, No. 14, July 15, 2024
Any interment space which has been used for interment or entombment shall be inalienable and shall only be transferred pursuant to 45:27-28.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 11 - INTERMENT SPACES OR NICHES › Section 13:44J-11.2 - Transferability of interment space or niches

Current through Register Vol. 56, No. 14, July 15, 2024
Owners or heirs, devisees and legatees of owners of unused interment spaces or niches may grant, convey, sell or donate such interment spaces or niches.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 11 - INTERMENT SPACES OR NICHES › Section 13:44J-11.3 - Record of transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every cemetery company shall maintain records of transfers of ownership of interment spaces or niches which shall include:
1. The name of every individual who has ever held title to the interment space or niche; and
2. An indication of any transfer of ownership of the interment space or niche from June 5, 2006.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 13 - APPLICATIONS › Section 13:44J-13.1 - Application for certificate of authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every cemetery company shall hold a certificate of authority issued by the Board. All cemetery companies shall apply for this certificate to the Board pursuant to (c) or (f) below, as applicable.
(b) A cemetery company which exists solely for the maintenance and preservation of the cemetery shall have a certificate of authority and shall apply for the certificate pursuant to this section, but shall not pay an application fee.
(c) A cemetery company organized before December 1, 1971 applying for a certificate of authority shall submit to the Board:
1. A completed certificate of authority application;
2. A completed information sheet;
3. An application fee as set forth in 13:44J-3.1(a)1  iv(1), made payable to the New Jersey Cemetery Board;
4. A copy of articles of incorporation, charter, and bylaws, and other fundamental organizational documents of the entity;
5. A copy of the applicant's rules and regulations; and
6. A copy of the applicant's charges for interment spaces, niches and services.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 13 - APPLICATIONS › Section 13:44J-13.2 - Application for dissolution of a cemetery company

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery company shall not dissolve without obtaining approval of the Board. The cemetery company shall arrange for a successor in interest to maintain the cemetery.
(b) A cemetery company which wishes to dissolve shall submit to the Board:
1. A certified statement by the board of trustees or directors of the cemetery company which:
i. Sets forth the reasons for dissolution;
ii. Identifies all of the assets and liabilities of the cemetery company, including any outstanding legal actions or matters which may result in legal actions, and sets forth the amounts of all such assets and liabilities;
iii. States that the cemetery company is transferring its cemetery property in good faith, and has concluded that, to the best of its knowledge, the transfer would not work an injustice on any party;
iv. States that, when the dissolution becomes effective, the cemetery company will surrender its certificate of authority to the Board and cease cemetery activities; and
v. Sets forth a proposal for the continued administration of the Maintenance and Preservation Fund.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 13 - APPLICATIONS › Section 13:44J-13.3 - Merger or consolidation of cemetery companies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No cemetery company may merge or consolidate except to improve the financial or operating conditions of the cemeteries. Cemetery companies shall obtain Board approval prior to merging or consolidating.
(b) A cemetery company which wishes to merge into or consolidate with another cemetery company shall submit to the Board:
1. A copy of the agreement which would effect the merger or consolidation;
2. A copy of the plan of merger or consolidation, if any;
3. A description of the benefit to each cemetery company as a result of the merger or consolidation; and
4. An information fact sheet from each cemetery company which contains the following:
i. A list of officers;
ii. A list of the board of trustees or directors;
iii. The total acreage of the cemetery;
iv. The total acreage of cemetery which is developed;
v. The total acreage of the cemetery which is developed but not sold;
vi. The total acreage of the cemetery which is undeveloped; and
vii. A copy of the resolution of merger or consolidation approved by a majority of the board of trustees or directors of each cemetery company, and by a majority of lot owners of each cemetery company voting at a lot owners meeting for which adequate notice was given;
5. A proposal for the continued administration of the Maintenance and Preservation Fund; and
6. An application fee as set forth in 13:44J-3.1(a)1  iv(3).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 13 - APPLICATIONS › Section 13:44J-13.4 - Application for sale of cemetery lands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No cemetery company shall sell land dedicated for cemetery purposes or grant an easement of such land without prior Board approval.
(b) A cemetery company which wishes to sell any land dedicated to cemetery purposes shall submit to the Board:
1. A statement by the board of trustees or directors setting forth the size of the parcel to be sold, whether the parcel has been developed for cemetery use, the total acres of cemetery property prior to the sale, and the total acres of developed cemetery property prior to the sale;
2. A statement by the board of trustees or directors that the land is not necessary or suitable for interment purposes;
3. A statement by the board of trustees or directors that there are no interments within the lands requested to be sold;
4. A statement by the board of trustees or directors that when a deed is drawn for the land it will include a prohibition against using the land for any activity in which a cemetery company is prohibited from engaging by 45:27-16;
5. A statement by the board of trustees or directors that at least 15 percent of the proceeds of the sale of the land will be paid into the Maintenance and Preservation Fund of the cemetery and the use to which the remaining proceeds will be put;
6. A resolution in favor of the sale which is approved by a majority of the board of trustees or directors;
7. A certified statement by the board of trustees or directors and the officers of the cemetery company attesting whether or not any of them has a direct or indirect interest in the purchasing entity;
8. A certified statement by the purchasing entity, its officers, and its stockholders having a 20 percent or more share of issued voting stock or a 20 percent or more share of a partnership, attesting whether any of them has a direct or indirect interest in the cemetery company; and
9. An appraisal of the property by a licensed real estate appraiser having no interest in either the cemetery company or the purchasing entity. If either the cemetery company or the purchasing entity or the principals of either has an interest in the other, two independent appraisals shall be submitted; and
10. An application fee as set forth in 13:44J-3.1(a)1  iv(2).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 13 - APPLICATIONS › Section 13:44J-13.5 - Application for enlargement of cemetery area by purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery company shall not purchase land to enlarge the cemetery area without prior approval of the Board.
(b) A cemetery company which wishes to purchase land and dedicate that land for cemetery purposes shall submit to the Board:
1. A statement by the board of trustees or directors that the total area of the cemetery, after the new land is added, will not exceed the statutory limits set forth in 45:27-25, unless in the latter case the municipality has waived the limit;
2. A copy of the contract for the purchase of the property, which shall include the purchase price, a survey map, the method of payment, the interest rate if any, the size of the parcel to be purchased, and an appraisal by a licensed real estate appraiser; and
3. A copy of the resolution of consent by the municipality where the cemetery is located, as required by 45:27-25; and
4. An application fee as set forth in 13:44J-3.1(a)1  iv(6).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 13 - APPLICATIONS › Section 13:44J-13.6 - Application to lease or license cemetery lands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery company shall not lease or license cemetery lands to another organization or entity without prior approval of the Board.
(b) An application to lease or license cemetery lands pursuant to 45:27-34 shall include:
1. A certified statement by the board of trustees or directors that the lands to be leased will not be plotted for burial lots or, if already plotted, that burial lots therein will not be sold for burial purposes or otherwise used for cemetery purposes during the term of the lease;
2. A certified statement by the board of trustees or directors that 15 percent of the proceeds of the lease will be deposited into the Maintenance and Preservation Fund;
3. A statement by the prospective lessee that it does not engage, directly or indirectly, in an activity that a cemetery company is prohibited from engaging in pursuant to 45:27-16;
4. A certified statement by the prospective lessee describing the expected use to be made of the portion of land;
5. A copy of the lease;
6. A statement by the board of trustees or directors that the proceeds of the lease will be used to pay the debts and liabilities of the cemetery company, to improve the cemetery, or both; and
7. An application fee as set forth in 13:44J-3.1(a)1  iv(7).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 13 - APPLICATIONS › Section 13:44J-13.7 - Application for for-profit management certificate of authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A for-profit entity that managed or operated a cemetery company or companies prior to January 14, 2004, that seeks to continue to manage or operate the same cemetery company or companies shall file with the Board the following:
1. Proof that the for-profit entity managed or operated a cemetery prior to January 14, 2004;
2. The management contract the entity has entered into with the cemetery. Such contracts shall be considered proprietary commercial information pursuant to 47:1A-1 et seq.;
3. A completed certificate of authority application;
4. A completed information sheet;
5. An application fee, as set forth in 13:44J-3.1(a)1  iv(1), made payable to the New Jersey Cemetery Board; and
6. A copy of articles of incorporation and/or charter, and bylaws, if the entity is incorporated.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 13 - APPLICATIONS › Section 13:44J-13.8 - Application for approval to construct a crematory

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Construction of a crematory shall not begin without, in addition to any other statutory or regulatory requirements, prior Board approval.
(b) An entity that wishes to construct a crematory shall submit to the Board:
1. A completed application for approval to construct a crematory;
2. Construction plans for the crematory;
3. A copy of the authorization and receipt form(s) for cremations;
4. Procedures for conducting cremations;
5. Rules and price lists regarding cremations; and
6. An application fee as set forth at N.J.A.C. 13:44J-3.1(a)1iv(11).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 14 - SALES OF INTERMENT SPACES › Section 13:44J-14.3 - Pre-construction sales of mausoleum space

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.
"Complete construction" means that all requirements for entombment in the mausoleum have been met.
"Construction costs" means the costs directly associated with the building project, such as:
1. Architect fees;
2. City, county and State permit fees;
3. Contractor fees;
4. Soil testing;
5. Landscaping;
6. Furniture and fixtures;
7. Engineering;
8. Site plan development; and
9. Installation of utility lines and other expenses of a similar nature that are necessary to complete construction of the mausoleum.
"Pre-construction sale" means the sale, assignment or reservation of mausoleum space to a consumer for monetary consideration, prior to the time that the mausoleum space is available for entombment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 14 - SALES OF INTERMENT SPACES › Section 13:44J-14.4 - Reclamation of interment spaces or niches owned by membership or religious corporations, societies or unincorporated associations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery company may reclaim by repurchase any interment spaces or niches owned by a membership or religious corporation, society or unincorporated association, if no interment has been made in the interment spaces, or inurnment in niches, sought to be reclaimed, and if the corporation, society or association:
1. Sells, gives or assigns interment spaces or niches to individuals who are not its members, or the interment spaces or niches are not intended for the use of its members and their families;
2. Fails to provide the cemetery company notification when it sells, gives or assigns interment spaces or niches;
3. Does not designate in writing to the cemetery company an agent who has authority to consent to burials in interment spaces or niches owned by it or a change in the agent; or
4. Fails to make payments into the Maintenance and Preservation Fund required by 45:27-13.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 14 - SALES OF INTERMENT SPACES › Section 13:44J-14.5 - Sale of 17 or more interment spaces or niches to a person other than a membership or religious corporation or unincorporated association or society

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery company that sells 17 or more interment spaces or niches in one or more transactions to a person other than a membership or religious corporation or unincorporated association or society shall have that person sign an affidavit substantially similar to that found in subchapter Appendix A, incorporated herein by reference, which states that the person purchasing the interment spaces or niches is not purchasing for the purpose of resale. The cemetery company shall submit the affidavit to the Board within one week of the completion of the sale.
(b) A cemetery company that sells 17 or more interment spaces or niches in one or more transactions to a person other than a membership or religious corporation or unincorporated association or society shall sign an affidavit that is substantially similar to that found in subchapter Appendix B, incorporated herein by reference, which states that it does not believe that the sale to that person is for the purposes of resale. The cemetery company shall submit the affidavit to the Board within one week of the completion of the sale.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 14 - SALES OF INTERMENT SPACES › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
I certify that I, _______________________, am purchasing
(Purchaser's name)
___________________________________ interment spaces
(Number of spaces or niches)
or niches from _______________________________________________________
(Name of Cemetery Company selling the spaces or niches)
for the use of those whom I may designate without remuneration or compensation to me in any form. I understand that resale of interment spaces or niches is prohibited by 45:27-32.
I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
____________________________
Purchaser's signature
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 14 - SALES OF INTERMENT SPACES › Appendix B

Current through Register Vol. 56, No. 14, July 15, 2024
_________________________________________________ certifies
(Name of Cemetery Company selling spaces or niches)
that it has no reason to believe that ________________________ is
(Name of purchaser)
purchasing _______________________________ interment spaces
(Number of spaces or niches)
or niches for the purpose of reselling any of those interment spaces or niches.
______________________________________________ certifies that
(Name of Cemetery Company selling spaces or niches)
it has informed _______________________________________ that
(Name of purchaser)
purchasing interment spaces or niches for resale is prohibited by 45:27-32.
__________________________________________________ certifies that
(Name of Cemetery Company selling spaces or niches)
the foregoing statements are true.
__________________________________________________ is aware
(Name of Cemetery Company selling spaces or niches)
that if any of the foregoing statements made by it are willfully false, it will be subject to disciplinary action.
__________________________________________
Cemetery Company's authorized signature
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 15 - REMOVAL OF MONUMENTATION › Section 13:44J-15.1 - Removal of unauthorized memorial, embellishment or impediment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery company may remove any memorial, embellishment or impediment that:
1. Has not been authorized by the cemetery company; or
2. Has been altered from the original design that was authorized by the cemetery company.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 15 - REMOVAL OF MONUMENTATION › Section 13:44J-15.2 - Removal of unsafe memorial, embellishment or impediment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery company may remove any authorized memorial, embellishment or impediment that is not safe.
(b) A cemetery company that wishes to remove an unsafe memorial, embellishment or impediment shall:
1. Take pictures of the unsafe memorial, embellishment or impediment prior to moving and maintain these photographs as part of its records; and
2. Within 30 days of the removal, notify the owner by certified letter, return receipt requested that an unsafe memorial, embellishment or impediment has been moved. Such notification shall state that the owner has the right to apply to the Board within six months of the notification for appropriate relief, such as re-installation of the memorial, embellishment or impediment.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 15 - REMOVAL OF MONUMENTATION › Section 13:44J-15.3 - Removal of a memorial for renovation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cemetery company shall not remove a memorial from an interment space or niche in order to perform renovations of cemetery grounds without Board approval.
(b) A cemetery company that wishes to remove memorials for renovation of cemetery grounds shall submit to the Board:
1. A statement from the cemetery company indicating that it will notify the affected interment space or niche owner of the proposed renovations 30 days prior to the commencement of the renovations;
2. A description of the renovations that would be performed and a list of the memorials that would be removed; and
3. An application fee as set forth in 13:44J-3.1(a)1  iv(5).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 1 - GENERAL PROVISIONS › Section 13:44K-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this chapter implement the provisions of the Occupational Therapy Licensing Act (the Act), N.J.S.A. 45:9-37.5 1 et seq., and regulate the practice of occupational therapy within the State of New Jersey.
(b) Except as set forth in (c) below, this chapter shall apply to all applicants for licensure as an occupational therapist or occupational therapy assistant and licensees who offer or practice occupational therapy in the State of New Jersey.
(c) This chapter shall not apply to those individuals exempt from the licensure requirements of the Act pursuant to N.J.S.A. 45:9-37.6 0, except as provided in 13:44K-1.3.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 2 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS: ELIGIBILITY REQUIREMENTS › Section 13:44K-2.1 - Eligibility requirements; occupational therapist; occupational therapy assistant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for licensure as an occupational therapist, an applicant shall:
1. Be at least 18 years of age;
2. Be of good moral character;
3. Except as provided in (d) below, have successfully completed:
i. A master's degree or its equivalent in occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor; or
ii. A master's degree or its equivalent in any field other than occupational therapy from an accredited college or university approved by the Commission on Higher Education or its successor and have fulfilled the academic requirements of an educational program in occupational therapy accredited by the Accreditation Council for Occupational Therapy Education (ACOTE) of the American Occupational Therapy Association, the World Federation of Occupational Therapy (WFOT), or other nationally recognized programmatic accrediting agency;
4. Have successfully completed at least 24 weeks of supervised fieldwork experience approved by the educational institution at which the applicant completed the occupational therapy education program in accordance with (a)3i and ii above, or, if applicable, (d) below; and
5. Have successfully passed the certification examination administered by the National Board for Certification in Occupational Therapy (NBCOT), or its predecessors and/or its successors.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 3 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS: LICENSING PROCEDURE › Section 13:44K-3.3 - Licensure by reciprocity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a completed application, application fee, consent to a criminal history record background check, and requisite fee for such a check, the Council shall issue a license as an occupational therapist or occupational therapy assistant, as applicable, to any person who documents that he or she holds a valid, current corresponding license in good standing issued by another state, if:
1. The Council determines that the state that issued the license has or had at the time of issuance, education, training, and examination requirements for licensure substantially equivalent to the current standards of this State;
2. The applicant has been practicing as a licensed occupational therapist or occupational therapy assistant, as applicable, or its equivalent in another state, for a period of at least one year, and not less than 1,200 hours, within the five years prior to the date of application; and
3. The requirements of (c) below are satisfied.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 5 - SCOPE OF PRACTICE › Section 13:44K-5.1 - Scope of practice of a licensed occupational therapist

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of practice of a licensed occupational therapist shall include:
1. The provision of direct, indirect and/or consultative services to a client affected by physical, psycho-social, cognitive, congenital and/or developmental disorders or the aging process, to improve and/or prevent loss of physical or mental functioning and to promote wellness;
2. The administration of standardized and/or non-standardized assessments and/or the observation of a client and the environment to identify areas of functional abilities or deficits. Areas, which may be assessed shall include the performance of activities of daily living, including recreation, leisure or work related skills, which are affected by sensory, motor, developmental, perceptual, cognitive and/or psycho-social abilities;
3. The interpretation of the results of the assessment process described in (a)2 above, to determine the need for an intervention plan for the client. Such a plan shall be developed and administered by the occupational therapist in collaboration with the client, the client's family and related medical, health, educational or social agencies or professionals;
4. The development and utilization of, and education and training in, purposeful, task-oriented activities for the client to improve, restore and/or maintain optimal performance of life skills, roles and functions including work, recreation, leisure skills and activities of daily living;
5. The design, fabrication, application and/or selection of adaptive equipment, prosthetics and/or orthotic devices, except dental devices;
6. Consultation concerning the adaptation of physical environments; and
7. The utilization of physical agent modalities, consistent with 13:44K-5.4, as an adjunct to, or in preparation for, purposeful activities to enhance occupational performance with which the licensee is familiar as a result of training and experience.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 5 - SCOPE OF PRACTICE › Section 13:44K-5.2 - Scope of practice of a licensed occupational therapy assistant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope of practice of a licensed occupational therapy assistant, working under the supervision of a licensed occupational therapist as provided in 13:44K-6.1, shall include:
1. The provision of direct, indirect and/or consultative services to a client affected by physical, psycho-social, cognitive, congenital and/or developmental disorders or the aging process, to improve and/or prevent loss of physical or mental functioning and to promote wellness;
2. The administration of standardized and/or non-standardized assessments and/or the observation of a client and the environment to assist in the identification of functional abilities or deficits. Areas, which may be assessed shall include the performance of activities of daily living, including recreation, leisure or work related skills which are affected by sensory, motor, developmental, perceptual, cognitive and/or psycho-social abilities;
3. Assisting in the development and implementation of an intervention plan for the client;
4. The development and utilization of, and education and training in, purposeful, task-oriented activities for the client to improve, restore and/or maintain optimal performance of life skills, roles and functions including work, recreation, leisure skills and the activities of daily living;
5. The design, fabrication, application and/or selection of adaptive equipment, prosthetics and/or orthotic devices, except dental devices;
6. Consultation concerning the adaptation of physical environments; and
7. The utilization of physical agent modalities, consistent with 13:44K-5.4, as an adjunct to, or in preparation for, purposeful activity to enhance occupational performance with which the licensee is familiar as a result of training and experience.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44K - OCCUPATIONAL THERAPY ADVISORY COUNCIL › Subchapter 5 - SCOPE OF PRACTICE › Section 13:44K-5.3 - Delegation of occupational therapy services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A licensed occupational therapist may delegate selected occupational therapy services to licensed occupational therapy assistants, temporary licensed occupational therapists, temporary licensed occupational therapy assistants and to occupational therapy students fulfilling the required fieldwork component of their educational training, provided the services are within the scope of practice of the individual to whom they are delegated.
(b) In delegating selected occupational therapy services, the licensed occupational therapist shall be responsible for exercising that degree of judgment and knowledge reasonably expected to assure that a proper delegation has been made. A licensed occupational therapist shall not delegate the performance of an occupational therapy service to persons who have not been adequately prepared by verified training and education. No task may be delegated which is within the scope of practice of the occupational therapist and requires:
1. The substantial knowledge and skill derived from completion of an occupational therapy education program and the specialized skill, judgment and knowledge of a licensed occupational therapist; and
2. An understanding of occupational therapy principles necessary to recognize and manage complications which may result in harm to the health and safety of the client.