4717-7-04 Crematory facilities.

Requirements for crematory facility license:

(A) Any person desiring to operate a crematory facility shall apply to the board on a form provided by the board, include the appropriate license fee, and establish that:

(1) The facility is at a fixed place or location;

(2) The facility is adequately equipped and maintained in a clean and sanitary manner. The crematory shall contain only the articles and instruments necessary for carrying out the business of the crematory. The crematory shall contain separate equipment for the performance of cremation and pulverization of dead human bodies and human body parts, and animals so as to prevent the opportunity for comingling of remains. The minimal requirements for the crematory facility shall be as follows:

(a) The crematory facility shall be in compliance with all applicable local and state building codes, zoning laws, and ordinances, environmental laws and OSHA requirements;

(b) The crematory shall have, on site, a motorized mechanical device for processing cremated remains and must have, in the building or adjacent to it, a holding facility for the retention of dead human bodies or human body parts awaiting cremation. The holding facility must be secure from access by anyone except the authorized personnel of the crematory, preserve the dignity of the remains, and protect the health and safety of the crematory personnel. The crematory facility shall also maintain sufficient pollution control equipment to comply with the department of environmental regulation requirements in order to secure annual approved certification.

(3) The holder of a crematory facility license shall submit to the board written notification, within ten days of any termination of a crematory operator responsible for the crematory facility. Except in extenuating circumstances, and with approval of the board, no crematory facility is to operate without a crematory operator responsible for the crematory facility for more than thirty days after the written notification is filed with the board, however, a change of crematory operator does not require a new license. The holder of the crematory facility license shall submit an amendment naming a new crematory operator within thirty days of filing the written notification with the board. Any crematory facility that fails to comply with this rule shall cease operations.

Effective: 6/19/2017
Five Year Review (FYR) Dates: 03/27/2017 and 06/19/2022
Promulgated Under: 119.03
Statutory Authority: 4717.04
Rule Amplifies: 4717.06
Prior Effective Dates: 1/1/01