New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter VI - Division of Cemeteries
Part 203 - Crematory Regulations
Section 203.2 - Maintenance and privacy

Current through Register Vol. 44, No. 38, September 21, 2022

(a) A crematory shall be used exclusively for the cremation of human remains.

(b) A crematory shall be maintained in a clean, orderly and sanitary manner, with adequate ventilation and shall have a temporary storage facility.

(c) Every crematory must at all times follow accepted policies and procedures with respect to infection control, including standard precautions developed by the Centers for Disease Control and Prevention.

(d) The general retort area and the temporary storage facility shall be separately enclosed areas and when fully closed, the interior of one area shall not be visible from within the other area.

(e) Every crematory shall use its best efforts to cremate remains within 24 hours of accepting delivery of such remains. Good cause, such as the need to confirm the identity of the deceased human being, must be demonstrated if remains are cremated more than 48 hours after delivery is accepted.

(f) Notwithstanding the foregoing, if any remains exhibit an objectionable odor either at delivery or at any time thereafter, such remains shall be cremated as soon as possible after they have been accepted by the crematory or as soon as possible after the objectionable odor is first detected. If any remains are known by crematory personnel not to have been embalmed, such remains shall be cremated as soon as possible after they have been accepted by the crematory.

(g) A crematory may also have a ceremony room available for viewings and ceremonies. The ceremony room shall be separately enclosed from the general retort area and the temporary storage facility. The temporary storage facility interior shall not be visible or accessible from the ceremony room. Only members of the immediate family of the deceased or their authorized agents and designated representatives may be present in the ceremony room during the cremation of the remains of the deceased.

(h) Entrances and exterior windows of the crematory shall be maintained at all times to secure privacy, including:

(1) doors shall be tight closing and rigid;

(2) windows shall be covered;

(3) entrances shall be marked "private" or "authorized entry only" to preclude entry by unauthorized persons; and

(4) entrances shall be locked and secured when not actively attended by authorized crematory personnel.

(i) No crematory may impose a charge for the cremation of the remains of a deceased human being based on the combined weight of the remains and the cremation container unless it shall have in place a scale capable of accurately determining their combined weight. The scale shall be of suitable size and capacity and shall be installed, used and inspected in conformance with article 16 of the Agriculture and Markets Law and regulations promulgated thereunder.

(j) Every crematory shall annually certify to the Division of Cemeteries that the condition and operation of the crematory comply with Not-for-Profit Corporation Law article 15 and with this Part and shall submit with such certification its most recent annual Department of Environmental Conservation (DEC) inspection report. The crematory certification and DEC inspection report shall be filed on or before the 15th day of January of each year and shall be retained in the permanent file of the crematory.

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