N.J. Admin. Code § 13:44J-8.4

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

Section 13:44J-8.4 - Temporary storage prior to final entombment or interment within a single cemetery

(a) For purposes of this section, "properly constructed receiving vault" means a container, constructed pursuant to the provisions of 45:27-27.

(b) A cemetery company may temporarily store human remains in a properly constructed receiving vault prior to final entombment or interment for up to four years. If a cemetery company needs to temporarily store human remains for more than four years, the cemetery company must obtain the written consent for an extension at least 120 days prior to the end of the four-year period, which includes a set term for the extension, from the person who has the right to control the disposition of remains pursuant to 45:27-22. The cemetery company shall advise the Board that the person who has the right to control the disposition of remains has granted the extension. The cemetery company may transfer the remains from the place of temporary storage to the place of final entombment or interment without obtaining a disinterment permit and without the presence of a licensed funeral director if both the temporary storage and final resting place are within a single cemetery.

(c) The receptacle to be placed in temporary storage which contains the human remains shall be clearly, legibly and durably marked with:

1. The decedent's full name and date of death as stated on the death certificate and burial permit;

2. The full name, mailing address and telephone number of both the responsible next of kin as defined under 45:27-22; and

3. The designated licensed funeral director or funeral establishment whose name appears on the death certificate and burial permit.

(d) Prior to transfer from the place of temporary storage to the place of final entombment or interment pursuant to this section, the cemetery company shall notify in writing the licensed funeral director or funeral establishment that originally supervised the delivery to temporary storage or another licensed funeral director or funeral establishment of the next of kin's choice, and the responsible next of kin as defined by 45:27-22, at least seven days before the transfer from the temporary storage.

(e) A cemetery company may not pursuant to this section temporarily store or transfer the body of a person who died of a communicable disease as defined in 26:6-38.

N.J. Admin. Code § 13:44J-8.4

New Rule, R.1990 d.357, effective 7/16/1990.
See: 22 N.J.R. 1185(a), 22 N.J.R. 2142(b).
Amended by R.2000 d.487, effective 12/4/2000.
See: 32 N.J.R. 3261(a), 32 N.J.R. 4265(a).
Rewrote the section.
Amended by R.2006 d.203, effective 6/5/2006.
See: 37 N.J.R. 4877(a), 38 N.J.R. 2502(a).
Substituted "N.J.S.A. 45:27-27" for "N.J.S.A. 8A:3-14" in (a); deleted former (c); recodified (d) through (f) as (c) through (e); and substituted "N.J.S.A. 45:27-22" for "N.J.S.A. 8A:5-18" in (c)2 and (d).
Amended by R.2007 d.323, effective 10/15/2007.
See: 38 N.J.R. 4170(a), 39 N.J.R. 4406(a).
In (b), substituted "up to" for "not more than"; and inserted the second and third sentences.
Amended by R.2010 d.041, effective 5/17/2010.
See: 41 N.J.R. 3027(a), 42 N.J.R. 939(c).
In (b), inserted "at least 120 days prior to the end of the four-year period".