(1) Every Licensed
Funeral Establishment shall:
(a) be accessible
to individuals with disabilities to the extent required by all applicable
provisions of 521 CMR: Architectural Access Board, M.G.L. c.
112, §§ 61 through 65A, 82 through 87, and 239 CMR;
(b) include a chapel sufficiently large and
sufficiently equipped for the conduct of an average funeral service; such
chapel shall contain a minimum of 300 square feet of floor space;
(c) not contain any living quarters on the
floor used for the Licensed Funeral Establishment without the prior written
permission of the Board. Said permission shall not be granted unless the
applicant provides satisfactory written assurances that such living quarters
will not be used for the conduct of any funeral or visitation;
(d) include a preparation room equipped with
sanitary flooring, a flush rim sink, floor drain and ventilation, a reduced
pressure backflow preventer or air gap separation at the meter or property
line, and the necessary equipment, instruments and supplies for the preparation
and embalming of dead human bodies for burial and transportation. Such
preparation room and equipment shall comply with all applicable requirements of
239 CMR 3.07 and
3.12,
and all applicable requirements of other federal, state and local laws,
including but not limited to all applicable regulations of the United States
Occupational Safety and Health Administration;
(e) contain such toilets, lavatories and
other sanitary facilities for men and women as may be required by applicable
federal, state and local laws and regulations;
(f) where the Licensed Funeral Establishment
consists of more than one building or more than one lot of land, ensure that
said buildings and/or lots shall be adjoining and connecting ( 239 CMR
3.06(1)(f) shall not apply to any Licensed Funeral Establishment opened prior
to December 3, 1943 unless there has been a change of address for said
establishment since that date);
(g)
where the Licensed Funeral Establishment was established after December 1,
1949, make removals of dead human bodies into the Licensed Funeral
Establishment completely concealed from public view; and
(h) meet the insurance requirements of
239 CMR
3.17.
(2) No funeral establishment certificate
shall be granted to any Licensed Funeral Establishment unless the owners of
said establishment certify, in writing and under the pains and penalties of
perjury, that said Licensed Funeral Establishment is in compliance with all
applicable requirements of 521 CMR: Architectural Access Board
and all applicable requirements of the United States Occupational
Safety and Health Administration. The Board may require proof of such
compliance by building officials, licensed engineers, or licensed architects.
Adherence to this section may be waived if the establishment obtains a variance
from the Architectural Access Board or if the establishment enters into a
compliance plan agreed to by the Board.
(3) Existing Licensed Funeral Establishments
not meeting the rules and regulations of 521 CMR: Architectural Access
Board because they are grandfathered under old rules do not need to
conform to the newer accessibility rules adopted by
239 CMR 3.00 unless:
(a) the funeral home needs a new
establishment certificate due to a change in ownership or location (name
changes alone do not trigger this requirement);
(b) compliance is mandated by the
Architectural Access Board or some other local, state, or federal authority;
or
(c) other changes are made to
the laws applicable to the establishment ending said grandfathering.
(4) Funeral Establishments that
require renovations creating a violation of 239 CMR 3.06 may continue operating
if first entering into a written compliance agreement with the Board. Such
agreements are fully discretionary on the part of the Board, the ability to
grant such an agreement shall not be deemed to grant funeral establishments any
right or entitlement to such an agreement.
