Code of Vermont Rules › Agency 04 - SECRETARY OF STATE › Sub-Agency 030 - OFFICE OF PROFESSIONAL REGULATION › Chapter 111 - ADMINISTRATIVE RULES FOR THE OPERATIONS OF CREMATORY ESTABLISHMENTS › Section 04 030 111 - ADMINISTRATIVE RULES FOR THE OPERATIONS OF CREMATORY ESTABLISHMENTS

Current through June, 2024
Part 1 General Information
Section 1.1 The Purpose of Licensure
The Director of Professional Regulation (referred to as "the
				Director" in this rule) has been given power by Vermont law to license and
				inspect crematory establishments to protect the public health, safety and
				welfare. This is done by setting standards for issuing licenses, licensing only
				qualified applicants and regulating license holders and their
				practices.
Section 1.2 Laws
			 That Govern Licensure
The operation of a crematory establishment is governed by a
				specific state law that establishes responsibilities for setting standards,
				issuing licenses and regulating the profession. In addition, the Director and
				the Office of Professional Regulation are obligated to comply with several
				other state laws, including the Administrative Procedure Act ( 3 V.S.A.
				§§ 801-849 ), the Open Meeting law ( 1 V.S.A. §§ 310-314 )
				and the Access to Public Records law ( 1 V.S.A. §§ 315-320 ). These
				laws set forth the rights of an applicant, license holder or member of the
				public. Copies of these laws may be obtained from a town clerk or librarian or
				from the Office. "Vermont Statutes Online" are also available on the Internet
				at http://www.leg.state.vt.us.
Section
			 1.3 Definitions
(1) "Authorizing
			 Agent(s)" mean a person or persons legally entitled to authorize the cremation
			 of human remains.
(2) "The Act"
			 means The Funeral Services Act, 26 Vermont Statutes Annotated, Chapter
			 83.
(3) "Cremated Remains" are all
			 the remains of the cremated human body recovered after the completion of the
			 cremation process, including pulverization which leaves only bone fragments
			 reduced to unidentifiable dimensions and may possibly include the residue of
			 any foreign matter including casket material, bridgework or eye glasses that
			 were cremated with the human remains.
(4) "Cremation" means the technical process,
			 using direct flame and heat, that reduces human remains to bone fragments. The
			 reduction takes place through heat and evaporation. Cremation includes the
			 processing and usually includes the pulverization of the bone
			 fragments.
(5) "Cremation Chamber"
			 means the enclosed space within which the cremation process takes place.
			 Cremation chambers covered by these procedures shall be used exclusively for
			 the cremation of human remains.
(6)
			 "Cremation Container" means the container in which the human remains are
			 transported to the crematory and placed in the cremation chamber for a
			 cremation.
(7) "Crematory
			 establishment" or "Establishment" means the legal entity or the authorized
			 representative of the legal entity which is licensed by the state to operate a
			 crematory and perform cremation.
(8) "Crematory" means the building or portion
			 of a building that houses the cremation chamber and the holding
			 facility.
(9) "The Director" means
			 the Director of the Office of Professional Regulation.
(10) "Holding Facility" means an area within
			 or adjacent to the crematory facility designated for the retention of human
			 remains prior to cremation.
(11)
			 "Human Remains" means the body of a deceased person, or part of a body or limb
			 that has been removed from a living person, including the body, part of a body
			 or limb in any stage of decomposition.
(12) "The Office" means the Office of
			 Professional Regulation in the Office of the Secretary of State.
(13) "V.S.A." means Vermont Statutes
			 Annotated: for example
			 26 V.S.A. §
												1211 means section
			 1211 of
			 Title 26 of the Vermont Statutes Annotated.