W. Va. Code R. § 6-1-14

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 6-1-14 - Necessary Equipment

The inspector or another duly authorized agent of the Board shall use his or her discretion to designate the time frame in which a funeral establishment shall correct violations, depending upon the type and severity of violation. Failure to comply with the following requirements shall result in disciplinary action pursuant to W. Va. Code §§ 30-6-1, et. seq.

14.1. A main funeral establishment shall have the equipment for the conduct of embalming and funeral directing, and shall comply with Occupational Safety and Health Administration's regulations as outlined in 29CFR 1900 et seq., and includes but is not limited to:

14.1.1. A preparation room or an embalming facility, along with all necessary equipment, in compliance with all state and federal laws and rules.

14.1.1.a. Upon the effective date of this rule, an existing main funeral establishment shall install an embalming facility or a preparation room pursuant to subsection 14.1.7(b) and 14.2 of this section.

14.1.1.b. Upon the effective date of this rule, a new applicant for a main funeral establishment license shall install a preparation room pursuant to subsection 14.1.7(b) and 14.2 of this section and is prohibited from installing an embalming facility.

14.1.2. The following equipment and materials shall be located in the preparation room and embalming facility:

14.1.2.a. Sanitary flooring;

14.1.2.b. All instruments and appliances used in the embalming of a dead human body, which are thoroughly cleansed and sterilized by boiling or immersion for ten minutes in a one percent solution of chlorinated soda or an equivalent disinfectant immediately at the conclusion of each embalming;

14.1.2.c. Running hot and cold water with a lavatory sink for personal hygiene;

14.1.2.d. Permanently installed and operable exhaust fan and intake vent with the capacity to change the air in the room four times each hour;

14.1.2.e. Sanitary plumbing connected with sewer, cesspool, septic tank, or other Department of Health and Human Resources approved system;

14.1.2.f. Porcelain, stainless steel, metal-lined or fiber-glass operating table;

14.1.2.g. All opening windows and outside doors adequately screened and shielded to prevent viewing from outside;

14.1.2.h. All hydro-aspirators equipped with at least one air breaker;

14.1.2.i. Containers for refuse, trash and soiled linens adequately covered or sealed at all times;

14.1.2.j. First aid kit and eyewash;

14.1.2.k. A "private" sign posted on the door(s) entering the preparation room or embalming facility. No one may be allowed in while the body is being embalmed or prepared except licensed embalmers, registered apprentices, and other authorized persons and officials while discharging their duties. The preparation room or embalming facility may not be open to the general public;

14.1.2.l. Documentation which shows that all waste materials, refuse, used bandages, and cotton are destroyed by reducing to ashes by incineration, or are removed by a licensed medical waste dispenser, or are removed and transported by the owner in accordance with the provisions of 64 CSR 56;

14.1.2.m. Personal protective equipment in which every person, while engaged in actually embalming or preparing a dead human body, is attired with impervious rubber gloves and a clean smock or gown covering the person from the neck to below the knees; and

14.1.2.n. Appropriate holding area for dead human bodies. All bodies in the preparation room or embalming facility or awaiting funeral services or transport to another destination shall be treated with proper care and dignity and shall be properly covered at all times.

14.1.3. Restroom facilities in compliance with all federal, state, and local health requirements.

14.1.4. Chapel or other separate room for conducting funeral services.

14.1.5. Office space for making arrangements.

14.1.6. Exception.

14.1.6.a. If a main or branch funeral establishment operates solely as a trade service or mortuary service, a chapel is not required. If the trade service or mortuary service does not serve the public directly and instead only offers its services directly to other funeral establishment, public restroom facilities and office space are not required.

14.1.6.b. If a branch funeral establishment is within 60 miles of the main funeral establishment, a fully-equipped preparation room or embalming facility is not required, pursuant to subsection 14.1.1 of this section. Instead, a separate holding area for dead human bodies shall exist which shields or hides the bodies from public view while awaiting a funeral service to begin or while awaiting transport to another destination. If a branch funeral establishment is more than 60 miles from the main funeral establishment, the branch funeral establishment shall maintain equipment same as the main funeral establishment.

14.2. Embalming facilities.

14.2.1. An embalming facility shall:

14.2.1.a. be a separate building from the main funeral establishment;

14.2.1.b. be located within five (5) miles of the main funeral establishment; and,

14.2.1.c. not be open to the general public.

14.2.2. A funeral establishment may only construct an embalming facility if the funeral establishment's building and property were constructed and used as a main funeral establishment prior to July 1, 2002.

W. Va. Code R. § 6-1-14