Section 144-227-2 - ESTABLISHMENT OF CREMATORIUM AND LICENSURE OF CREMATORIUM AUTHORITYA.Any entity licensed under these Rules may erect, operate and maintain a crematorium in this State and provide the necessary appliances and facilities for the cremation of human remains, in accordance with the provisions of these Rules.B.A Crematorium Authority is subject to all local, state, and federal health and environmental protection laws, rules and requirements and must obtain all necessary licenses and permits from the Department, the State's Department of Environmental Protection, the federal Department of Health and Human Services, the United States Environmental Protection Agency and any other applicable local, state or federal agencies.C. A crematorium must be constructed on a cemetery that is at least 20 acres in size and has been in existence and used for burial for at least 2 years preceding the erection of the structure, and is consistent with local zoning regulations and current Maine law.D.Applications for a license as a Crematorium Authority must include information prescribed by the Department. (1) Existing Crematoria An application for a crematorium in existence prior to the effective date of these Rules, must provide the Department with the following information:
(a) The full name and address, both residential and business, of the applicant, if the applicant is an individual; the full name and address of every member and business, if the applicant is a partnership; the full name and address of every member of the board of directors and the business name, if the applicant is an association; and the name and address of every officer, if the applicant is a corporation.(b) A detailed statement for the individuals listed in the Application under Section 2(D)(1) (a) above, providing their business experience for the last 10 years immediately preceding the application, any felony or misdemeanor convictions or involvement in civil litigation in which fraud was an essential element of the crime or complaint; and any information about a loss or suspension of any license by this state, or any other state related to the practice of funeral services, or operation of a cemetery or crematorium.(c) The address and location of the crematorium.(d) A statement confirming the date the Crematorium Authority was established.(e) Copies of all current licenses or permits required for a crematorium to operate in the state of Maine.(2) Proposed Crematoria Applications for new Crematoria must contain the following information: (a) The full name and address, both residential and business, of the applicant, if the applicant is an individual; the full name and address of every member and the business if the applicant is a partnership; the full name and address of every member of the board of directors and the business, if the applicant is an association; and the name and address of every officer and director, if the applicant is a corporation.(b) A detailed statement for the individuals listed in the Application under Section 2(D) (2)(a) above, providing their business experience for the last ten years immediately proceeding the application, any felony or misdemeanor convictions or involvement in civil litigation in which fraud was an essential element of the crime or complaint, and any information about a loss or suspension of any license by this State or any other state that is related to the business of funeral directing, operation of a cemetery or crematorium.(c) The address and location of the crematorium.(d) A description of the type of structure and equipment to be used in the operation of the crematorium.(e) Copies of all applications for and any licenses or permits issued for a crematorium to operate in a state.(f) Any further information that the Department may reasonably require.E.Each Crematorium Authority must file an annual report with the Department, providing any changes required in the information in Section 2(D)(2), or indicating that no changes have occurred. The annual report must be filed by a Crematorium Authority on or before January 15th of each calendar year, with the Department. If the fiscal year of a Crematorium Authority is other than on a calendar-year basis, then the Crematorium Authority must file the report required by this Section within 75 days after the end of its fiscal year. The Department must, for good cause shown, grant an extension for the filing of the annual report, upon written request of the Crematorium Authority. An extension must not exceed 60 days. The Department may grant additional 60-day extensions for good cause.F. Each Crematorium Authority must file a monthly report with the Department, on a form prescribed by the Department. This monthly report must specify how many cremations occurred at the subject facility during the reporting period.G.All records relating to the registration and annual report of the Crematorium Authority required to be filed under this Section is subject to inspection by the Department, upon reasonable notice.H.No human remains may be cremated, except in a crematorium licensed for this express purpose and under the limitations provided in these Rules.I.Any person employed at an existing crematorium prior to the effective date of these Rules is exempt from initial operator certification, pursuant to Section 2(J) of these Rules, provided that the employee submits a written request to the Department. The written request must specifically request exemption and provide a list of relevant work experience with associated dates.J.(1) Any new employee of a licensed crematorium must be trained and become certified by a recognized training program within a reasonable time period, not to exceed 1 year. In the interim, the new employee may perform a cremation service if he or she has received training from another employed person of a licensed crematorium who has attended and received certification from a program recognized by the Department. (2) For the purposes of these Rules, the Department must recognize reputable national training programs that provide training in the operation of a cremation device, in the maintenance of a clean facility, and in the proper handling of human remains, or other training relevant to the cremation industry. The Department will accept any courses that are conducted by a recognized death care trade association in the United States, or by a manufacturer of a cremation unit, or other source on a case-by-case basis, provided that the course is consistent with the standards provided in these Rules.10-144 C.M.R. ch. 227, § 2