New York State Cemetery Directives
(a) Where the lot sought to be sold is improved, as by a mausoleum, the Cemetery Board will, there being no objectionable factors, grant approval of the resale upon proof that the cemetery corporation has refused to repurchase the lot, in accordance with the provisions of section 1513(c) of the Not-for-Profit Corporation Law, together with the sound value of the improvement thereon.
(a) The Cemetery Board will approve resale of a lot or grave owned by persons, firms or corporations engaged in the business or practice of funeral directing pursuant to article 34 of the Public Health Law prior to September 1, 1949, there being no objectionable factors, upon proof that the cemetery corporation has refused to repurchase the same as provided in section 1513(c) of the Not-for-Profit Corporation Law provided that:
(1) the resale be made only for immediate use and not in advance of need, except for the sale of a reserve grave for a spouse if purchased at the same time as the grave purchased for immediate use;
(2) the price shall be as closely equivalent as possible to the price posted and filed by the cemetery corporation for a comparable lot or grave;
(3) the seller shall pay to the cemetery corporation wherein the lot or grave is located within five days of the signed agreement, a sum equivalent to 25 percent of the gross resale price, which sum shall thereupon be deposited by the cemetery corporation into its permanent and current maintenance funds as established by and subject to the provisions of section 1507(a) of the Not-for-Profit Corporation Law, as follows: not less than 25 percent into the statutory funds.
The cemetery board authorizes the director to approve an interment in a path, alley, avenue or walk, under a conveyance made prior to September 1, 1949, where, in the opinion of the director, there will remain reasonable access to other lots, plots and graves.
The certificate of authority for a foreign corporation to do business in this State in the selling or offering for sale of cemetery lots, plots or parts thereof, located within this State, cannot be issued without the prior approval of the Cemetery Board. The Cemetery Board will approve a certificate of authority of a foreign corporation only upon condition that the foreign corporation is and shall be in compliance with the provisions of N-PCL article 15.
(a) A cemetery corporation may not compel the use of any particular outer enclosure, except that a cemetery may require the use of a concrete burial vault, or, at the option of the customer, a concrete grave liner under the following conditions and restrictions:
(1) the customer must have purchased a lot after January 1, 1985;
(2) the requirement must be stated prominently in writing and a written statement must be given to the customer in advance of the signing of the agreement to purchase a grave or lot;
(3) only a concrete grave liner or a concrete burial vault of the type and grade which conforms to the following minimum specifications may be required:
(i) concrete burial vault
- 1inch. average sidewall
- 2inch. top
- 2inch. bottom (whether top seal or plate of air seal)
- 4,500 pounds per square inch
- Sealed
(ii) concrete grave liner
- 1inch. average top and bottom
- 1inch. sidewall
- minimum of two holes in or near bottom to allow discharge of water
- 4,500 pounds per square inch
- not sealed
(4) should a lot owner, a person with burial rights or a representative of one about to be interred express objection to the use of the required concrete burial vault or grave liner at the time of interment based upon a religious belief, the cemetery must, without question, cancel the requirement that a concrete vault or concrete grave liner be used; provided, however, that the cemetery may impose at the time of interment a reasonable fee for the periodic refilling of the grave after receiving approval of the Cemetery Board for that fee;
(5) a plot owner may purchase the prescribed grave liner from any source including the cemetery; and
(6) a cemetery may not sell burial vaults.
(a) Every cemetery corporation shall post in its main office a notice that provides the following in no less than 20-point type:
(Name of Cemetery)
is regulated by the
New York State Cemetery Board
(Phone number of nearest office of NYS
Division of Cemeteries, or hotline)
If the cemetery corporation does not have a main office on or adjacent to the cemetery premises that is open during regular business hours at least five days per week, it shall post such notice at the main entrance to the cemetery in no less than 40-point type. Such notice shall also include the name, title and office telephone number of the superintendent or other person with primary responsibility for the operation of the cemetery.
(b) The sign shall be legible, in the English language and in any other language deemed appropriate by the cemetery corporation, and posted in a conspicuous, unobstructed location that is readily visible to a visitor to the cemetery corporation's main office or to a person who approaches the cemetery's main entrance.
Every cemetery corporation shall be available for interments at least six days per week (legal holidays excluded) as set forth in the cemetery's regulations or in accordance with its practices, except as otherwise ordered by the Cemetery Board. Any cemetery which maintains and designates a burial section for persons of a particular religious belief must remain available for grave openings and interments Sunday through Friday or other six-day period in accordance with the religious and/or ethnic traditions of the persons interred in said religious section. Nothing herein shall require a cemetery to provide grave openings and/or interments if they are otherwise unable to do so as a direct consequence of severe weather conditions or other similar conditions.
(a) Every cemetery shall erect, exhibit, keep and maintain maps delineating lots, plots, roads, avenues, paths, alleys, and walks by their respective names or designations.
(b) Every cemetery shall supply readable copies of such maps,or pertinent sections thereof without charge, to all interested persons. Plot owners shall be advised, in writing, of the availability of the maps.
(c) Every cemetery shall maintain appropriate identifying and directional signs at each and every intersection of the roads, avenues, paths, alleys and walks in the cemetery; said signs shall be made of weatherproof material and unobstructed, clear and legible. Where a cemetery has denominated subdivisions or sections by name, letter or other convenient identification, the boundaries of each said section or subdivision shall be likewise so identified. This subdivision shall not apply to cemeteries at which a full view of the whole area of its developed grounds is within sight of the main entrance.
A cemetery may not sell or assign burial rights, crypts or niches to a person or persons who will not use these plots or crypts directly. A group of persons not related by family ties may not purchase land from the cemetery for the purpose of erecting a public mausoleum or columbarium under contract with an operator. Only a cemetery may undertake to construct and own a public mausoleum or columbarium.
(a) A cemetery corporation planning construction of a mausoleum or columbarium for at least 60 days prior to the actual commitment for construction, shall submit to the Cemetery Board the following information:
1. Whether the proposed construction has the approval of the corporation's lot owners, obtained at a special or regular meeting. If not, a description of the authorization or approval obtained. A copy of the minutes of the meeting of the lot owners or board of trustees, or of the resolution, shall be included.
2. (A)The name of the licensed architect or engineer and the estimated total costs of construction, including land to be appropriated, landscaping, embellishments and other features.
(B) A map or sketch indicating the location of the building, together with a general description including the number of crypts and niches.
(C) Whether the proposed construction is the complete structure or whether units are to be added later. If future units are contemplated, the extent of such commitment or plan.
3. The source of funds to pay for the construction and the terms of payment.
4. An estimate of the trust funds and the current maintenance funds required to maintain and preserve the facility, covering the year-to-year maintenance and long-term preservation.
5. An estimate of the cumulative total revenues from sales based on the projected selling prices.
6. A full disclosure to the extent outstanding certificates of indebtedness or land shares are to participate in the sales proceeds.
7. The projected disposition of the total estimated sales revenues, including but not limited to the amounts to be allocated for:
(A) permanent maintenance and current maintenance funds;
(B) supplemental trust or special fund;
(C) estimated selling expenses, including disclosure of promotional plans;
(D) recovery of construction costs;
(E) general fund use or retention; and
(F) building operation.
8. (A) A copy of the drawing required by paragraph (B) of this subdivision along with an indication of the location of the proposed building, and a statement that the notices required by such paragraph have been posted in accordance with its provisions.
(B) In addition to its submission to the Cemetery Board, the cemetery corporation shall, no earlier than 10 days prior to such submission, post mausoleum construction notices in the immediate proximity of the proposed mausoleum, the cemetery office and, in a manner so as not to violate local zoning ordinances or to create a traffic hazard, all entrances. Each mausoleum construction notice shall provide information written in plain English concerning the mausoleum proposed and include a drawing, which shall be an appropriately apt rendition designed to give a fair impression of the construction. In addition, such notices shall reveal the telephone number and address where comments may be received and the last date on which such comments will be accepted, which shall be no earlier than 60 days following the date the notices are posted. The provisions of this paragraph shall not apply to the construction of an addition to an existing mausoleum if the number of crypts to be added does not exceed 250 spaces.
(b) Prior to offering sale of space to the public, the cemetery corporation shall file with the Cemetery Board the prices for each type or category of entombment unit pursuant to N-PCL section 1513(b). A copy of the rules and regulations, filed and approved pursuant to N-PCL section 1509, setting forth the cemetery's and the lot owner's obligations and responsibilities, shall be furnished to a purchaser at the time the sales contract is signed.
(c) All charges for services to be rendered and the basis for such charges must be approved by the Cemetery Board, before implementation, pursuant to N-PCL section 1509(c)(1). If existing service charges are intended to be applied to mausoleum entombments, specific approval will be required prior to their becoming effective for such new services.
(a) In the case of requests for burial on those days which by union contract, or by established operating policy, are decreed "holidays", each request for burial on such days which is received at the office of the cemetery by 9 a.m. of said holiday shall be complied with by such cemetery, except as may be impossible by reason of the physical condition of the gravesite or the unavailability of grave digging personnel.
(b) The cemetery shall make any and all arrangements necessary to receive said requests and, upon receipt of such request, the cemetery shall immediately make any and all necessary arrangements to comply therewith. It shall, no later than 10:30 a.m. of said holiday, advise the funeral director, the family of the deceased and the person who made such request (if neither a member of the family nor the funeral director) of its ability to comply therewith and fixing the time of burial. In the event that the cemetery is unable to comply with said request, it shall so advise said persons orally and by letter setting forth the reason for such inability to comply with said request; a copy of said writing shall be also sent to the division as required by subdivision (d) of this section.
(c) In addition to the regular approved charge, identifiable extra costs incurred may be charged to the burial, consistent with N-PCL section 1509(d), provided that the total amount to be paid is stated in writing to the family of the deceased at the time of the request for burial and, further, provided that a copy of such statement shall be simultaneously filed with the Cemetery Board at its office in New York City.
(d) Each cemetery shall make every effort, in good faith, to comply with such requests. In the event of its inability to comply therewith, said cemetery shall furnish to the Cemetery Board reasons for its inability, in each instance, to provide for the aforesaid burial.
(a) Certain incorporated cemeteries maintain sections devoted exclusively to the burial of persons who are members of particular burial societies. Many of these societies have become dormant and no longer hold meetings. Some have attempted distribution and liquidation of all of their assets, coupled with attempts to sell cemetery plots back to the cemetery at the statutory rate or in exchange for a care arrangement for occupied plots in such society section. The liquidation and distribution of such societies falls within the jurisdiction of the New York State Insurance Department, Liquidation Bureau. The Division of Cemeteries is directly concerned with the disposition of unused graves.
(b) Accordingly, when cemeteries and burial societies attempt to negotiate the liquidation of the society assets and the buy-back of unused graves, the cemetery shall give written notice thereof to the director of the Division of Cemeteries, and may not repurchase such graves so offered without the written consent of the director. Such written notice shall also be given to the New York State Insurance Department, Liquidation Bureau. The Division of Cemeteries shall also notify the Liquidation Bureau.
Small cemetery corporations shall be exempt from the provisions of N-PCL section 1510(h).
(a) An authorization to inter a body is a written statement subscribed by the lot owner in accordance with the rules and regulations of the cemetery corporation. Such authorization when signed by the lot owner shall include the right to memorialize, which right shall belong to the person having the right to possession of the body.
(b) The right of memorialization may be restricted to the number, size, shape, material, color, inscription or reasonable placement of monuments, according to the generally accepted plan of the cemetery and the rules and regulations of the cemetery corporation or association duly approved by the Cemetery Board; and, where the lot is owned by a membership corporation, association or society which provides burial benefits for its members, according to the rules, regulations or established practices of such corporation, association or society.
(a) A major alteration to a cemetery shall not be commenced without the approval of the Cemetery Board. Such approval shall be conditioned upon the submission of a report by the cemetery in accord with this section. Such report shall be submitted to the Cemetery Board at least three months prior to the anticipated commencement date of any work on the period. The report shall describe the method and purpose of such alteration, the proposed cost thereof, and include further information as required by this section.
(b) Definitions.
(1) Major alteration means: a project for which an environmental assessment form (EAF) is prepared or required; an activity which can reasonably be expected to have a substantial and adverse impact on the adjacent community, the lots or the lot owners of the cemetery, including: demolition; stockpiling materials; grading and other forms of earthwork; dumping, filling or depositing of any material; excavation or trenching; dredging; removal of soil; flooding or draining; or paving or construction of buildings, structures or facilities. The term major alteration shall not include those activities commenced with respect to the construction of a mausoleum or lawn crypt. Such activities are subject to the requirements of sections 201.10 and 210.11 or 201.17 of this Part.
(2) Applicant means a cemetery which submits a report as required by this section.
(c) Report. An applicant shall include in its report information in response to the following:
(1) whether the alteration will result in or avoid the destruction, damage to, modification or interference with existing graves and markers, crypts, mausoleums, roadways, and pathways;
(2) the location, design and duration of the major alteration;
(3) the financial impact on the applicant;
(4) whether the alteration will interfere with the lots or the interests of the lot owners;
(5) whether the alteration will be appropriate for cemetery purposes;
(6) whether the alteration will have an adverse impact on the surrounding community;
(7) whether the alteration will have the potential to adversely affect the public health and safety, the environment or natural resources; and
(8) the degree to which measures will be taken to minimize or eliminate these impacts.
(d) Approvals and permits. An applicant shall include in its report a description of any approvals or permits required by state or local law. No cemetery shall commence a major alteration which requires a state or local government approval or permit until such approval or permit has been obtained. Any board approval of a major alteration shall be so conditioned.
(e) Certification. A report submitted for a major alteration expected to cost in excess of $25,000 shall be certified by a licensed engineer.
(f) Further information. Within 35 days following receipt of the report, the board or the division may request from the cemetery corporation any additional information or documentation and technical assistance deemed necessary to review such report. Such report shall not be deemed complete until the requested information has been received. If no such request is made, the submission shall be deemed complete on the 35th day after its receipt by the division.
(g) Determination. The board shall approve or deny the proposed major alteration within the following time periods:
(1) for a cemetery corporation holding less than $400,000 in cash and investments, including restricted funds, within 60 days of the completed submission; and
(2) for a cemetery corporation holding $400,000 or more in cash and investments, including restricted funds, within 90 days of the completed submission.
(h) Notification. The board shall provide written notice of its determination to the cemetery corporation. If a negative determination, such notice shall state the reasons therefor. Notice shall be made by registered or certified mail addressed to the corporation at its principal office.
(a) A lawn crypt is a single or double receptacle designed for encasement of casketed human remains set into a recess in the earth. No cemetery may install a lawn crypt except in accordance with a plan submitted to the Cemetery Board and acted upon in accordance with the provisions of this directive. A lawn crypt may be installed anywhere in the cemetery provided that its location adheres to such plan and it is installed in conformity with such plan.
(b) Every application and proposed lawn crypt plan shall be submitted to the director of the Division of Cemeteries. All such plans shall meet the design and performance standards set forth in subdivision (c)of this section. The application shall specify:
(1) The means of financing the purchase and installation of the lawn crypt to be employed by the cemetery.
(2) The method of drainage to be used by the cemetery, including the results of percolation tests performed by an engineer licensed by the State of New York.
(3) A statement from the company and/or the organization manufacturing and/or installing the lawn crypts stating that the lawn crypts meet the design and performance standards of subdivision (c) of this section.
(4) Any additional information specifically relating to items in paragraphs (1), (2) and (3) deemed by the director to be necessary to make a determination.
(c) Design and performance standards.
(1) General.
(i) The earth cover above the units shall be a minimum of 18inch. of fill as specified by the engineer and a maximum of 48inch.
(ii) Crypts shall, at a minimum, be 6ft. distant from the edge of the road.
(iii) Crypts shall be set on a base of 12inch. of compacted select granular fill or as recommended by a soil evaluation conducted by a professional engineer licensed by the State of New York.
(iv) Positive drainage beneath the crypts shall be designed by a competent engineer using appropriate soil and survey data as specified in this directive.
(v) Area between crypts shall be filled and compacted with sand or fine stone fill to prevent settlement of top soil.
(2) Concrete.
(i) The concrete cylinder compressive strength must test 4,500 psi plus or minus 10 percent at the end of 28 days after manufacture thereof.
(ii) Entrained air shall be five percent to nine percent by volume.
(3) Design notes.
(i) The manufacturer of the reinforced concrete design must provide a certificate signed by a professional engineer licensed by the State of New York that the lawn crypt will perform to withstand a dead load specified in subparagraph (ii) of this paragraph and a live load specified in subparagraph (iii) of this paragraph, which will permit it to function for the purpose of a lawn crypt.
(ii) Dead loads will consist of the weight of structure, earth fill, snow loads and any other material that may produce a static load.
(iii) Live loads will consist of vehicle and pedestrian loads normally encountered in a cemetery and the minimum design wheel load shall be 4,000 lbs.
(iv) Lateral earth pressure loads shall be computed by the Rankine Method using the appropriate soil parameters; the minimum equivalent pressure used shall be 36 psf per foot depth. Lateral pressure induced by live loads on the ground surface shall be considered to be equivalent to a 2ft. depth of earth.
(4) Other materials.
(i) Crypts may be constructed of material other than concrete provided the above standards are met.
(d) Procedures for applications.
(1) The director shall within 30 days of receipt of the application notify the cemetery of any additional information required by the division. The application shall be deemed complete on the 60th day after the division receives the application, unless such a letter is issued. If additional information is requested, the application shall be complete upon the submission of the requested information.
(2) The Cemetery Board shall have 90 days from the date on which the application is deemed complete within which to object to the application. Failure to so object shall mean that the Cemetery Board has no objection to the application.
(3) If the Cemetery Board shall object to the application, it shall notify the cemetery of its reasons in writing. The cemetery may not install any lawn crypts until such objection has been withdrawn.
A management services contract means any agreement whereby one cemetery corporation undertakes responsibility for the sale of lots or promotion thereof, the maintenance of grounds or property, or the performance of interments for another cemetery corporation. No cemetery corporation shall enter into a management services contract without notification to the board at least 60 days in advance of its commencement date.
(a) Upon the request of a municipal corporation, the Division of Cemeteries shall assist a municipal corporation in the organization, implementation and administration of a volunteer cemetery maintenance and cleanup program in an abandoned cemetery wholly contained within such municipal corporation for which such municipal corporation has the primary responsibility to provide care.
(b) Assistance provided by the division shall include, but shall not be limited to, the following:
(1) provide professional and technical guidance;
(2) provide a listing of service providers, such as historical monument restorers; and
(3) provide written guidelines for general maintenance.
(a) Cremation means a heating process that incinerates human remains.
(b) Cremated remains means human remains after incineration in a crematory.
(c) Alternative container means a nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of cardboard, pressed wood, composition materials (with or without an outside covering) or pouches of canvas or other material.
(d) Crematory means a facility in which the remains of deceased human beings are processed by cremation.
(e) Crematory corporation means any corporation operating a crematory whether formed under article 15 of the Not-for-Profit Corporation Law or as a stock corporation.
(f) Cremation permit means the burial and removal permit required pursuant to section 4145 of the Public Health Law that is annotated for disposition of the remains of a deceased human being by cremation.
(a) A crematory facility shall be maintained in a clean, orderly and sanitary manner, with adequate ventilation and shall have a temporary storage area available to store the remains of deceased human beings pending disposition by cremation, the interior of which shall not be visible from the general retort area.
(b) Entrances and windows of the crematory facility 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.
(a) The cremation process shall be conducted in privacy. No person except authorized persons shall be admitted into the retort area or the temporary storage facility while the remains of deceased human beings are being cremated. Authorized persons, on admittance, shall comply with all rules of the crematory corporation and not infringe upon the privacy of the remains of deceased human beings. The following are authorized persons:
(1) licensed, registered funeral directors, registered residents, and enrolled students of mortuary science;
(2) officers and trustees of the crematory corporation;
(3) authorized employees of the crematory corporation;
(4) public officers acting in the discharge of their duties;
(5) authorized instructors of the funeral directing schools;
(6) licensed physicians or nurses; and
(7) members of the immediate family of the deceased and their authorized agents and designated representatives.
(a) No crematory corporation shall accept the remains of any deceased human being without the accompanying cremation permit, required pursuant to section 4145 of the Public Health Law, which permit shall constitute presumptive evidence of the identity of the said remains.
(b) Upon good cause being shown rebutting the presumption of the identity of the said remains, the cremation shall not commence until reasonable confirmation of the identity of the deceased human being is made.
(c) The crematory corporation shall, by a written plan available for inspection by the Division of Cemeteries, assure that the identification established by the cremation permit accompanies the remains of the deceased human being through the cremation process and until the identity of the deceased is accurately and legibly inscribed on the container in which the cremated remains are placed.
(a) The casket, alternative container or external wrappings holding the remains of the deceased human being shall not be opened after delivery to the crematory corporation unless there exists good cause to confirm the identity of the deceased, or to assure that no material is enclosed which might cause injury to employees or damage to crematory property, or upon reasonable demand by members of the immediate family, or their authorized agents.
(b) In such instances in which the casket, alternative container or wrappings are opened after delivery to the crematory corporation, a record shall be made which shall include the reason for such action, and the signature of the person authorizing the opening thereof, and the name of the person opening the container and the witness thereof, which shall be retained in the permanent file of the crematory corporation. The opening operation shall be conducted in the presence of the witness and shall comply with all rules and regulations intended to protect the health and safety of crematory corporation personnel.
(a) In those instances in which the remains of deceased human beings are to be cremated in a metal casket, timely disclosure must be made to the person making the funeral arrangements that the metal casket lid will be removed, or that prior to cremation the remains of the deceased human being will be transferred to an alternative container.
(b) The crematory corporation shall obtain a signed acknowledgment of the authorizing person, that the timely disclosure has been made, and shall retain the same in its permanent records.
(a) The remains of a deceased human being shall not be removed from the casket, alternative container or external wrappings in which it is delivered to the crematory corporation unless explicit signed authorization is provided by the person making funeral arrangements, or by a public officer discharging his statutory duty, which signed authorization shall be retained by the crematory corporation in its permanent records.
(b) When the remains of a deceased human being are to be transferred to an alternative container, the transfer shall be conducted in privacy with dignity and respect and in the presence of the licensed funeral director who delivered those remains. The transferring operation shall comply with all rules and regulations intended to protect the health and safety of crematory corporation personnel.
(c) The crematory corporation shall make a notation to be retained in its permanent records concerning the manner of disposition of the original container.
(a) The cremation of remains of more than one deceased human being in a retort at any one time is unlawful, except upon the explicit signed authorization provided by the persons making funeral arrangements and the signed approval of the crematory corporation, which shall be retained by the crematory corporation in its permanent records.
Upon the completion of the cremation of the remains of a deceased human being, the interior of the retort shall be thoroughly swept so as to render the retort reasonably free of all matter. The contents thereof shall be placed into an individual container and not commingled with other cremated remains. The cremation permit shall be attached to the individual container preparatory to final processing.
(a) A magnet and sieve, or other appropriate method of separation, may be used to divide the cremated remains from incidental or foreign material.
(b) The incidental and foreign material of the cremation process shall be disposed of in a safe manner in compliance with all sanitary rules and regulations as unrecognizable byproducts.
The cremated remains shall be pulverized until no single fragment is recognizable as skeletal tissue.
The pulverized cremated remains shall be transferred to a sealable container whose inside dimension shall be of suitable size to contain the entire cremated remains of the person being cremated.
The prescribed sealable container shall be accurately and legibly labeled with the identification of the human being whose cremated remains are contained in a manner acceptable to the Division of Cemeteries.
The cremated remains, enclosed in the manner prescribed by sections 203.12 and 203.13 of this Part, shall be disposed of in strict accordance with the intention of the person contracting disposition of the remains, and in accordance with the provisions of section 4202(4) of the Public Health Law.
All crematory records, price lists, authorizations, and rules and regulations or other documents relative to the practice of cremation shall be open and available during regular business hours to inspection by the New York State Division of Cemeteries or its authorized representatives, in the discharge of their official duties.