Haw. Code R. § 11-22-5 - Burial

(a) Cemeteries; Requirements for establishing, constructing, modifying, operating.

(1) No place shall be used as a cemetery (as defined in § 441-1, HRS) without the prior written approval of the director.

(2) No place shall be approved for use as a cemetery unless

(A) It has been dedicated pursuant to chapter 441, HRS;

(B) All planned construction and all existing construction of the grounds, plots, buildings, roads, water supply, and sewage disposal system has been approved by the director;

(C) Proposed rules governing the operation of the cemetery have been approved by the director; and

(D) A cemetery authority has registered pursuant to § 11-22-5(a) (5) herein.

(3) All construction shall be only in accordance with approved plans and specifications. Any changes must be submitted in writing and approved by the director prior to construction.

(4) Every cemetery shall have and be supervised by a cemetery authority properly licensed under chapter 441, HRS. The cemetery authority shall insure compliance with all regulations made by the director relating to cemeteries and burials.

(5) Every person who acts as a cemetery authority shall register with the department of health on a form to be designated by the director.

(6) A cemetery authority shall be responsible for the prevention of any unhygienic condition or danger to public health arising from operation of the cemetery; shall oversee that no damage is done to the tombs, grave markers, and fences; shall prevent cattle and beasts from entering the cemetery; shall maintain and deliver, whenever required by the director, records of burials; shall deliver said records over to successor cemetery authorities; shall provide for the indetification of tombs, vaults, or other sites of burial by appropriate markings; and shall prepare and keep up-to-date a map or plot showing the location of each body buried or interred within the cemetery.

(b) Location; depth of grave.

(1) It shall be unlawful for any person to bury any human body unless he has first obtained a burial-transit permit from the local agent of the department. The burial shall be made only in a cemetery approved by the director.

(2) A dead human body shall be interred at a depth sufficient to prevent the creation of any public nuisance or public health hazard and to make it impossible for hogs and other animals, or surface drainage or wash, to uncover it.

Notes

Haw. Code R. § 11-22-5

[Eff. Dec. 26, 1981] (Auth: HRS §§ 321-11, 469-2) (Imp: HRS §§ 321-11, 338-23, 441-195)