(A) At least sixty days prior to the
opening for business of any funeral home, thereof, the funeral director, who
will be actually in charge thereof, shall notify the board of such anticipated
opening and shall submit an application for funeral home license sworn by the
applicant and accompanied by the applicable fee.
(B) The board shall approve the
application for funeral home license, if appropriate, contingent upon the
receipt of an occupancy permit and inspection.
(C) A license shall not be issued to a
funeral home until the following management requirements are met:
(1) A funeral director
actually in charge of and ultimately responsible for the funeral home is
identified;
(2) The holder of a funeral home license
shall submit to the board written notification, within ten days of any
termination of the funeral director actually in charge of and ultimately
responsible for the funeral home. Except in extenuating circumstances, and with
approval of the board, no funeral home is to operate without a funeral director
actually in charge of and ultimately responsible for the funeral home for more
than thirty days after the written notification is filed with the board. A
change of the funeral director actually in charge of and ultimately responsible
for the funeral home requires a new license under division (A)(2) of section
4717.11 of the Revised Code. The funeral director who will be the actually in
charge and ultimately responsible of the funeral home license after the change
shall apply for a new funeral home license on an application form prescribed by
the board within thirty days of filing the written notification with the board.
Any funeral home that fails to comply with this rule shall cease
operations.
(D) A license shall not be issued to a
funeral home until the funeral home meets the following
requirements:
(1) Every funeral home
shall possess and keep in good working condition on the premises such equipment
and paraphernalia as the board deems adequate for the conduct of business and
the protection of the public health. All portions of a funeral home which are
accessible to or used by the general public shall be kept in a clean and
sanitary condition.
(2) If embalming will
take place at the funeral home, the funeral home shall maintain on the premises
a preparation or embalming room which shall be adequately equipped and
maintained in a sanitary manner for the preservation and care of dead human
bodies. Such rooms shall contain only the articles, facilities and instruments
necessary for the preparation of dead human bodies for burial or final
disposition and shall be kept in a clean and sanitary condition. Such rooms
shall be used only for the care and preparation of dead human bodies. The
minimal requirements for the preparation or embalming room shall be as
follows:
(a) Sanitary floor;
(b) All instruments and appliances used in the embalming of a
dead human body shall be thoroughly cleansed and sterilized using an
appropriate disinfectant immediately at the conclusion of each individual
case;
(c) Running hot and cold water with a sink for personal
hygiene;
(d) Exhaust fan and intake vent, permanently installed and
operable with the capacity to change the air in the room at least fifteen times
each hour;
(e) Sanitary plumbing connected with sewer, cesspool, septic
tank, or other department of health approved system;
(f) Porcelain, stainless steel; metal-lined or fiberglass
operating table;
(g) All opening windows and outside doors shall be adequately
screened and shielded from outside viewing;
(h) All hydro-aspirators or electric aspirators shall be equipped
with at least one air breaker;
(i) Containers for refuse, trash and soiled linens shall be
adequately covered or sealed at all times;
(j) First-aid kit and eyewash;
(k) The embalming or preparation room shall be strictly private.
A "private" sign shall be posted on the door(s) entering the
preparation room. No one shall be allowed therein while the body is being
embalmed except the embalmers, funeral directors, apprentices, officials in
discharge of their duties, and other authorized persons;
(l) All waste materials, refuse, used bandages and cotton shall
be destroyed in accordance with all applicable OSHA and EPA
regulations;
(m) Every person, while engaged in actually embalming a dead
human body, shall be attired in a clean and sanitary smock or gown covering the
person from the neck to below the knees, shall wear impervious rubber gloves,
and shall wear any and all items required under any applicable OSHA
regulations;
(n) All bodies in the preparation room shall be treated with
proper care and dignity and shall be properly covered at all
times;
(o) Ingress and egress of the preparation room shall be situated
so that functions in the funeral home will not impede or interfere with
entering or exiting said room; and
(p) Sufficient emergency lighting.
(3) If embalming will not
take place at the funeral home, the funeral home shall maintain on the premises
a holding room which shall be adequately equipped and maintained in a sanitary
manner for the holding of dead human bodies. Such holding room shall be kept in
a clean and sanitary manner and used only for the holding and storage of dead
human bodies. The minimal requirements for the holding room shall be as
follows:
(a) Sanitary floor;
(b) Running hot and cold water with a sink for personal
hygiene;
(c) All opening windows and outside doors shall be adequately
screened and shielded from outside viewing;
(d) Containers for refuse, trash and soiled linens shall be
adequately covered or sealed at all times;
(e) The holding room shall be strictly private. A
"private" sign shall be posted on the door(s) entering the holding
room. No one shall be allowed therein while the body is being held except the
embalmers, funeral directors, apprentices, officials in discharge of their
duties, and other authorized persons;
(f) All bodies in the holding room shall be treated with proper
care and dignity and shall be properly covered at all times;
(g) Ingress and egress of the holding room shall be situated so
that functions in the funeral home will not impede or interfere with entering
or exiting said room; and
(h) If the holding room is equipped with a hydro-aspirator or
electric aspirator, the aspirator shall be equipped with at least one air
breaker.
(E) Upon approval of the application for
a funeral home license involving a facility that has not previously been
utilized as a licensed funeral home, the funeral director shall submit to the
board an occupancy permit certifying that the facility is in conformance with
all applicable building codes.
(F) Upon receipt of the occupancy permit
and prior to the opening of the funeral home, the board, any member thereof, or
its duly authorized inspector shall inspect such funeral home.
(G) The funeral home license shall be
effective upon the completion of the inspection and approval by the
inspector.
(H) No funeral director actually in
charge shall operate or participate in the operation of any such funeral home,
unless the board first grants its approval for such operation or participation,
and which shall be based upon the results or findings of the
inspection.
(I) License display
(1) The individual
funeral director's license of each licensee employed at a funeral home
shall be conspicuously displayed at the funeral home in such a manner that it
may be seen by the general public. In instances of multiple operations, the
license shall be displayed at the principal site of employment.
(2) The individual
embalmer's license of each licensee employed at a funeral home shall be
conspicuously displayed in a public place in that home.
(3) The funeral home
facility license shall be displayed in a conspicuous place within the funeral
home.
(J) Actually in charge and ultimately
responsibly sign
(1) The name of the
funeral director who is the actually in charge and ultimately responsible to
whom the funeral home license has been issued shall be displayed on a sign. The
sign must conspicuously displayed in such a manner that it may be seen by the
general public immediately on the outside or inside of the primary entrance to
the funeral home. The sign must specifically include the name of the funeral
director actually in charge and ultimately responsible followed by "has
been issued a license to operate this funeral home."The size of text
listing the name of the actually in charge and ultimately responsible shall be
a minimum of .75 inches. The size of the text "has been issued a license
to operate this funeral home" shall be a minimum of .5
inches.
(K) A holder of any individual license shall notify the
board in writing, within fifteen days of any change of address of licensee. The
actually in charge and ultimately responsible who is licensed to operate a
facility shall notify the board in writing within fifteen days of any change of
address and comply with section 4717.11 of the Revised Code and apply for a new
license.
(L) The board shall have the right to examine the funeral
home location for which a funeral home license application has been
filed.
(M) When a request for a license is rejected, the board
shall notify the applicant of his right to a hearing. The applicant shall
request a hearing within thirty days of the time of mailing the notice. When
the applicant requests a hearing, the board shall immediately set a date, time,
and place for a hearing and shall notify the applicant. The date shall be
within fifteen days, but not earlier than seven days, after the applicant
requested the hearing, unless otherwise agreed to by both parties.
