New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.5 - Funeral establishments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The business and practice of funeral directing shall be conducted and
				  registered only from a fixed funeral establishment.
(b) Separate buildings or portions thereof
				  connected by a private passageway, walk or driveway shall constitute a single
				  funeral establishment.
(c) After
				  February 28, 1974, all funeral firms and their funeral establishments shall
				  comply and conform as follows:
(1) Embalming.
				  No embalming of a body of a deceased person shall be performed in a funeral
				  establishment except in a room set aside exclusively for embalming or other
				  preparation of a body of a deceased person. Such room shall be maintained and
				  kept in a clean and sanitary condition.
(2) Embalming and preparation room. Every
				  embalming and preparation room shall be constructed, equipped and maintained as
				  follows:
(i) the surfaces of the floor, walls
				  and ceiling shall be covered with tile or other hard, smooth, impervious
				  washable material;
(ii) the room
				  shall be adequately lighted and adequately ventilated. The ventilation shall be
				  provided by an exhaust fan or by an appropriate air-conditioning unit which
				  will completely remove objectionable fumes;
(iii) the room shall be equipped and provided
				  with hot and cold running water, a utility sink, and cabinets, closets or
				  shelves for instruments and supplies;
(iv) the room shall be equipped with adequate
				  sewage and waste disposal and drainage facilities and systems;
(v) the doors shall be tight-closing and
				  rigid, and any windows of the room shall be so maintained as to obstruct any
				  view into such room;
(vi) the
				  embalming or preparation table shall be nonporous; and
(vii) the room shall be equipped with proper
				  and convenient receptacles for refuse, bandages, cotton and other waste
				  materials.
(3) Business
				  telephone. Every registered funeral firm shall have, listed and in working
				  order, at its registered address a business telephone, the number of which
				  shall be indicated as the business telephone number. Any other telephone number
				  also listed for the funeral firm shall be specifically designated as "residence
				  telephone number," "number to call if no answer," or otherwise
				  identified.
(4) Display of signs.
				  Every registered funeral firm shall display a sign indicating the true funeral
				  firm name as registered with the department. Such sign shall be conspicuously
				  located at or near the main entrance and shall be visible from the exterior of
				  the building. The lettering of the funeral firm name shall be legible and shall
				  have a minimum height of 11/2 inches. Wherever the name of the funeral firm
				  appears on a sign indicating the location or presence of an establishment, only
				  the funeral firm name registered with the department shall be used. A change in
				  a funeral firm's registered name shall be indicated on any and all signs. Signs
				  shall conform with all local laws, ordinances and regulations.
(5) Listings, publications and advertising.
				  Only true funeral firm names and addresses, as registered with the department,
				  shall appear in telephone listings or other publications and in advertising by
				  any media whatsoever of funeral firms. This paragraph shall not apply to the
				  listing or advertising of funeral firms outside the State.
(6) Food and beverages. The provision of
				  space, facilities, equipment, accommodations or supplies for, or the
				  preparation, sale, service or distribution of, or the consumption of, food or
				  nonalcoholic beverages to or by friends, relatives, mourners, family, visitors
				  or next of kin of any deceased person in the funeral establishment is
				  permitted, but not required to be offered. Food or nonalcoholic beverages may
				  also be provided by a third-party catering service, provided that such catering
				  service is not owned by or affiliated with the funeral firm engaged in funeral
				  directing at the funeral establishment. This paragraph is subject to the
				  following conditions:
(i) the preparation and
				  serving of food and nonalcoholic beverages in the funeral establishment shall
				  be limited to arranging, opening, displaying, and assembling items for
				  consumption, and does not include cooking or heating of food items with the
				  exception of hot beverages such as coffee, tea or similar items;
(ii) food items must be limited to incidental
				  refreshments such as baked goods, sandwiches, snacks, platters, pre-packaged
				  food items and items which may be required by the religious practices of the
				  family members, mourners, visitors or friends of the deceased;
(iii) the preparation and serving of any food
				  and beverages shall be prohibited in the preparation area as defined in
				  paragraph (d)(3) of this section and the chapel or reposing room as defined in
				  paragraph (d)(1) of this section, whenever there is a deceased person present
				  for a viewing, visitation or funeral services;
(iv) any separate charges for the use of
				  facilities for the serving of food and nonalcoholic beverages:
(a) shall be charged only for a specifically
				  dedicated food and beverage service area;
(b) shall be stated clearly on the general
				  price list; and
(c) shall include
				  any charges for cleaning, equipment or the like, as required by section
				  79.4(e)(6) 
				  of this Title.