N.J. Admin. Code § 13:44J-15.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44J-15.2 - Removal of unsafe memorial, embellishment or impediment

(a) A cemetery company may remove any authorized memorial, embellishment or impediment that is not safe.

(b) A cemetery company that wishes to remove an unsafe memorial, embellishment or impediment shall:

1. Take pictures of the unsafe memorial, embellishment or impediment prior to moving and maintain these photographs as part of its records; and

2. Within 30 days of the removal, notify the owner by certified letter, return receipt requested that an unsafe memorial, embellishment or impediment has been moved. Such notification shall state that the owner has the right to apply to the Board within six months of the notification for appropriate relief, such as re-installation of the memorial, embellishment or impediment.

(c) A cemetery company shall store a removed memorial, embellishment or impediment in a secure manner. The cemetery company may dispose of the memorial, embellishment or impediment one year after a removal if:

1. The owner of the interment space or niche has not taken possession of the memorial, embellishment or impediment; and

2. The cemetery company notifies the Board in writing at least 90 days prior to the disposal.

N.J. Admin. Code § 13:44J-15.2

Amended by R.2003 d.399, effective 10/6/2003.
See: 35 N.J.R. 504(a), 35 N.J.R. 4726(a).
In (c), added "and an application fee as set forth in N.J.A.C. 13:44J-3.1(a)1v(4)" at the end of the second sentence.
Recodified from N.J.A.C. 13:44J-15.3 and amended by R.2006 d.203, effective 6/5/2006.
See: 37 N.J.R. 4877(a), 38 N.J.R. 2502(a).
Section was "Removal of dangerous monumentation". Substituted "any authorized memorial, embellishment or impediment that is not safe" for "a dangerous monumentation. The cemetery company may place the monumentation on the interment space unless such placement would pose a danger" in (a); substituted "unsafe" for "dangerous" in (b) and (b)1 and rewrote (b)2; deleted former (c) through (e); and inserted present (c). Former N.J.A.C. 13:44J-15.2, "Application for removal of monumentation", was repealed.
Amended by R.2010 d.092, effective 6/21/2010.
See: 41 N.J.R. 4184(a), 42 N.J.R. 1238(a).
Section was "Removal of unsafe monumentation". In the introductory paragraph of (b) and in (b)2, inserted "an" preceding "unsafe"; in the introductory paragraph of (b), and in (b)1 and (b)2, substituted "memorial, embellishment or impediment," for "monumentation"; and in (b)2, substituted "re-installation of the memorial, embellishment or impediment" for "restoration of monumentation".