Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 22 - MORTUARIES, CEMETERIES, EMBALMERS, UNDERTAKERS AND MORTUARY AUTHORITIES
Section 11-22-5 - Burial
Universal Citation: HI Admin Rules 11-22-5
Current through February, 2024
(a) Cemeteries; Requirements for establishing, constructing, modifying, operating.
(1) No place shall be used as a cemetery (as
defined in §
441-1, HRS) without
the prior written approval of the director.
(2) No place shall be approved for use as a
cemetery unless
(A) It has been dedicated
pursuant to chapter
441, HRS;
(B) All planned construction and all existing
construction of the grounds, plots, buildings, roads, water supply, and sewage
disposal system has been approved by the director;
(C) Proposed rules governing the operation of
the cemetery have been approved by the director; and
(D) A cemetery authority has registered
pursuant to §
11-22-5(a)
(5) herein.
(3) All
construction shall be only in accordance with approved plans and
specifications. Any changes must be submitted in writing and approved by the
director prior to construction.
(4)
Every cemetery shall have and be supervised by a cemetery authority properly
licensed under chapter
441, HRS. The cemetery authority
shall insure compliance with all regulations made by the director relating to
cemeteries and burials.
(5) Every
person who acts as a cemetery authority shall register with the department of
health on a form to be designated by the director.
(6) A cemetery authority shall be responsible
for the prevention of any unhygienic condition or danger to public health
arising from operation of the cemetery; shall oversee that no damage is done to
the tombs, grave markers, and fences; shall prevent cattle and beasts from
entering the cemetery; shall maintain and deliver, whenever required by the
director, records of burials; shall deliver said records over to successor
cemetery authorities; shall provide for the indetification of tombs, vaults, or
other sites of burial by appropriate markings; and shall prepare and keep
up-to-date a map or plot showing the location of each body buried or interred
within the cemetery.
(b) Location; depth of grave.
(1) It shall be
unlawful for any person to bury any human body unless he has first obtained a
burial-transit permit from the local agent of the department. The burial shall
be made only in a cemetery approved by the director.
(2) A dead human body shall be interred at a
depth sufficient to prevent the creation of any public nuisance or public
health hazard and to make it impossible for hogs and other animals, or surface
drainage or wash, to uncover it.
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