10- 144 C.M.R. ch. 227, § 1

Current through 2024-51, December 18, 2024
Section 144-227-1 - DEFINITIONS

Alternative Container: An unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior, which is designed for the encasement of human remains and which is made of fiberboard, pressed wood, composition materials (with or without an outside covering) or like materials.

Authorized Person(s): An authorized person is a person legally entitled to authorize the cremation of human remains, as defined by 22 M.R.S.A. §2846.

Casket: A rigid container which is designed for the encasement of human remains, is usually constructed of wood, metal or like material and ornamented and lined with fabric, and which may or may not be combustible.

Cremated Remains: All the remains of the cremated human body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions and may possibly include the residue of any foreign matter, including casket material, bridgework or eye glasses that were cremated with the human remains. Cremated remains are sometimes referred to as cremated human remains.

Cremains: Cremated human remains.

Cremation: The technical process, using direct flame and heat, or other process, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation, or through other processes, including, but not limited to, chemical dissolution. Cremation includes the processing and usually includes the pulverization of the bone fragments.

Cremation Chamber: The enclosed space within which the cremation process takes place. Cremation chambers covered by these procedures must be used exclusively for the cremation of human remains.

Cremation Container: The container in which the human remains are transported to the crematorium and placed in the cremation chamber for a cremation. A cremation container should meet all of the following standards:

(1) Composed of readily combustible or consumable materials that are suitable for cremation;
(2) Able to be closed, in order to provide a complete covering for the human remains;
(3) Resistant to leakage or spillage;
(4) Rigid enough for handling with ease; and
(5) Able to provide protection for the health and safety of crematorium personnel.

Cremation Interment Container (Urn Vault): A rigid outer container that, subject to a cemetery's rules and regulations, is composed of concrete, steel, fiberglass, or some similar material in which an urn is placed prior to being interred in the ground, and which is designed to withstand prolonged exposure to the elements and to support the earth above the urn.

Crematorium Authority: The legal entity or the authorized representative of the legal entity, which is licensed by the Department to operate a crematorium and perform cremation.

Crematorium: The building or portion of a building that houses the cremation chamber and the holding facility.

Crematory: A crematorium.

Department: Maine Department of Health and Human Services.

Final Arrangement: The permanent burial or other disposition of cremated human remains.

Funeral Practitioner. A person licensed in the practice of funeral services, pursuant to 32 M.R.S.A. §1400. This person may be referred to as a "funeral practitioner "or "funeral director or embalmer."

Funeral Establishment: Every place or premises devoted to, or used in the care and preparation for the funeral and burial of human remains, or maintained for the convenience of the bereaved for viewing or other services in connection with the human remains, or as the office or place for carrying on the profession of funeral service, as defined by 32 M.R.S.A. §1400(3).

Holding Facility. An area within, or adjacent to, the crematorium facility designated for the retention of human remains prior to cremation that must:

(1) Comply with any applicable public health law;
(2) Preserve the dignity of the human remains;
(3) Recognize the integrity, health, and safety of the Crematorium Authority personnel operating the crematorium; and
(4) Be secure from access by anyone other than authorized personnel.

Human Remains. The body of a deceased person.

Niche. A compartment or cubicle for the memorialization or final arrangement of an urn containing cremated human remains.

Permit for Disposition of Human Remains: A permit for the final resting of human remains, as required by 22 M.R.S.A. §2843.

Processing. The reduction of identifiable bone fragments, after the completion of the cremation process, to unidentifiable bone fragments by manual means.

Pulverization. The reduction of identifiable bone fragments, after the completion of processing, to granulated particles by manual or mechanical means.

Scattering Area. A designated area for the scattering of cremated remains, usually in a cemetery and located on dedicated cemetery property where cremated remains, which have been removed from their container, can be mixed with, or placed on top of, the soil or ground cover or buried in an underground receptacle on a co-mingled basis.

State. State of Maine.

Temporary Container. A temporary container is a receptacle for cremated Remains, usually made of cardboard, plastic or similar material designed to hold the cremated remains.

Urn. A receptacle designed to permanently encase the cremated remains, or a container in which cremated remains can be placed and closed in a manner so as to prevent leakage or spillage of remains or the entrance of foreign material.

10- 144 C.M.R. ch. 227, § 1