New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 44J - CEMETERIES › Subchapter 2 - DEFINITIONS › Section 13:44J-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings:
"Act" means the New Jersey Cemetery Act, 2003, 45:27-1 et seq.
"Adornments" means items placed on an interment space or niche on a temporary basis by the owner of the interment space or niche or by the cemetery company.
"Annual, endowed or special care" means care or maintenance of an individual interment space provided for by agreement between the cemetery and the owner of the space.
"Avenue" means a public way, street or thoroughfare.
"Board" means the New Jersey Cemetery Board.
"Bulk sales" means the sale of 17 or more interment spaces or niches, in a single transaction or series of transactions, whenever made, to any one membership or religious corporation or unincorporated association or society which provides interment spaces or niches solely for its members and their families.
"Burial" means disposition of human remains by placing them in a grave or crypt, but does not include their temporary storage.
"Burial right" means a right for the burial of human remains in a particular grave or crypt created by contract between a person and a cemetery.
"Cemetery" means any land or place used or dedicated for use for burial of human remains, cremation of human remains, or disposition of cremated human remains.
"Cemetery company" means a person that owns, manages, operates or controls a cemetery or crematory, directly or indirectly, but does not include a religious organization that owns a cemetery or crematory which restricts burials or cremations to members of that religion or their families unless the organization has obtained a certificate of authority for the cemetery or crematory.
"Columbarium" means a building or structure containing niches for placement of cremated human remains.
"Cremated human remains" or "cremains" mean the recoverable bone fragments and container residue resulting from the process of cremation.
"Cremation" means the process of reducing human remains to bone fragments through flame, heat and vaporization and shall constitute the final disposition.
"Crematory" means a structure containing cremation chambers used to cremate human remains.
"Crypt" means an interment space in a mausoleum or other structure, above or below ground, which does not include a niche.
"Embellishment" means an item contributing to beauty, comfort or enhancement of a cemetery, but does not include a memorial or a disposable, perishable or seasonal item or adornment.
"Entombment" means the placement of human remains in a crypt in a mausoleum.
"For-profit management and operation certificate of authority" means a certificate of authority issued pursuant to P.L. 2006, c. 26 to a for-profit corporation, partnership, association or other private entity that managed or operated a cemetery prior to January 14, 2004, which authorizes the holder to manage or operate a cemetery.
"For-profit management services certificate of authority" means a certificate of authority issued pursuant to P.L. 2006, c. 26 to a for-profit corporation, partnership, association or other private entity that authorizes the holder to provide management services for a cemetery.
"General maintenance charge" means a fee assessed against each interment space or niche for the general upkeep of the cemetery.
"Grave" means a place for underground disposition of human remains or cremated human remains which may include spaces for the disposition of human remains of more than one person, arranged by depth.
"Human remains" means a body, or part of a body, of a deceased human being or an amputated limb of a living human being.
"Impediment" means any item placed on a grave that is an obstacle to access to other graves or is an obstacle to maintenance of the cemetery.
"Interment" means the disposition of human remains by burial in a grave or crypt but does not mean the temporary storage of remains.
"Interment space" means a grave or crypt intended for the interment of human remains.
"Inurnment" means the placement of a container of cremated human remains in a niche.
"Maintenance" means all activities of a cemetery company which further the care and upkeep of a cemetery, including cutting lawns, and preservation and repair of drains, water lines, roads, buildings, fences and other structures.
"Maintenance and preservation" means the care of the entire cemetery to the extent of the income of the Maintenance and Preservation Fund but does not include providing specific care to individual graves or plots.
"Mausoleum" means a permanent building in a cemetery above or below ground, containing crypts to be used for burial.
"Memorial" means a marker or monument located at a grave containing the name of a deceased person or the family name of a deceased person, or an effigy or other representation of a deceased person buried in the grave but does not include an embellishment.
"Multiple depth grave" means more than one interment space in a grave.
"Niche" means a space in a columbarium or mausoleum for placement of cremated human remains.
"Non-titled niche or interment space" means a niche or an interment space in a plot for which no title or deed is issued, that holds either a single inurnment or interment, or multiple inurnments or interments of unrelated persons.
"Path" means a course or way which primarily provides pedestrian access to interment spaces or niches already sold. Path does not mean an avenue or other roadway or areas reserved or set apart for building purposes.
"Person" means an individual, corporation, partnership, association or any other public or private entity.
"Plot" or "lot" means an area of cemetery ground containing two or more adjoining graves.
"Private mausoleum" means a mausoleum constructed by or for a plot owner and not owned by the cemetery.
"Public mausoleum" means a mausoleum, built in accordance with rules of the Department of Community Affairs, owned by a cemetery or cemetery company for the use of interment spaces by the general public but is not a single or multiple vault in that it is a single integrated structure assembled on the premises. It shall not consist of one or more vaults constructed off the cemetery premises and installed singly or in series at the cemetery premises.
"Roadway" means a course or way intended to provide motor vehicle access to interment spaces or niches.
"Sold" means that a contract for the sale of the interment space has been executed by the purchaser.
"Total cost of structure" as used in N.J.S.A. 45:27-14bmeans any expense incurred by the cemetery company due to the construction and furnishing of a public mausoleum, such as, actual building costs, walkways, architect fees, building permit fees, landscaping, installation of utility lines and internal furnishings.
"Transfer" means the sale, gift or assignment of an interment space or niche.
"Vault" means a prefabricated outer burial case of any material, designed to be installed in the ground to receive one or more burials, and not a part of a public or private mausoleum or any other structure.