Requirements for crematory facility license:
(A) Any person desiring to operate a
crematory facility shall
be a crematory operator as
required under division (D)(1) of section
4717.06 of the Revised Code
and apply to the board on a form provided by the board, include the
appropriate license fee, and establish that:
(1) The facility is at a fixed place or
location;
(2) The facility is
adequately equipped and maintained in a clean and sanitary manner.
The crematory shall contain only the articles and instruments
necessary for carrying out the business of the crematory. The crematory shall
contain separate equipment for the performance of cremation and pulverization
of dead human bodies and human body parts, and animals so as to prevent the
opportunity for coming ling of remains. The minimal requirements for the
crematory facility shall be as follows:
(a) The crematory facility shall be in
compliance with all applicable local and state building codes, zoning laws, and
ordinances, environmental laws and OSHA requirements;
(b) The crematory shall have, on site, a
motorized mechanical device for processing cremated remains and must have, in
the building or adjacent to it, a holding facility for the retention of dead
human bodies or human body parts awaiting cremation. The holding facility must
be secure from access by anyone except the authorized personnel of the
crematory, preserve the dignity of the remains, and protect the health and
safety of the crematory personnel. The crematory facility shall also maintain
sufficient pollution control equipment to comply with the department of
environmental regulation requirements in order to secure annual approved
certification.
(3) The
holder of a crematory facility license who is the
actually in charge and ultimately responsible shall submit to the board
written notification, within ten days of any termination of a crematory
operator actually in charge and ultimately
responsible for the crematory facility. Within thirty
days of the notification to the board, the holder of a crematory facility
license who is actually in charge and ultimately responsible shall surrender
the license to operate the crematory facility. Except in extenuating
circumstances, and with approval of the board, no crematory facility is to
operate without a crematory operator actually in charge
and ultimately responsible of the crematory facility responsible for the crematory facility for more
than thirty days after the written notification is filed with the board., however, a change of
crematory operator does not require a new license. The holder of the crematory
facility license shall submit an amendment naming a new crematory operator
within thirty days of filing the written notification with the board. Any
crematory facility that fails to comply with this rule shall cease
operations.
A change in the person who is
licensed to operate a crematory facility who is actually in charge and
ultimately responsible requires a new crematory facility license under division
(C)(2) of section 4717.11 of the Revised Code. The
person who will be licensed to operate the crematory as the actually in charge
and ultimately responsible after the change shall apply for a new license on an
application form prescribed by the board within thirty days of filing the
written notification with the board. Any crematory facility that fails to
comply with this rule shall cease operations.
(B)
Actually in
charge and ultimately responsible sign
The name of the crematory operator
actually in charge and ultimately responsible to whom the crematory facility
license has been issued to operate shall be displayed on a sign. The sign must
be conspicuously displayed in such a manner that it may be seen by the general
public immediately on the outside or inside of the primary entrance to the
crematory facility. The sign must specifically include the crematory operator
actually in charge and ultimately responsible followed by "has been issued a
license to operate this crematory facility." The size of text listing the name
of the actually in charge and ultimately responsible shall be a minimum of .75
inches. The size of the text "has been issued a license to operate this funeral
home" shall be a minimum of .5 inches.
(C)
The crematory
facility license shall be displayed in a conspicuous place within the
crematory.
(D)
The board shall have the right to examine the crematory
facility location for which a crematory license application has been
filed.
(E)
When a request for a license is rejected, the board
shall notify the applicant of his right to a hearing. The applicant shall
request a hearing within thirty days of the time of mailing the notice. When
the applicant requests a hearing, the board shall immediately set a date, time,
and place for a hearing and shall notify the applicant. The date shall be
within fifteen days, but not earlier than seven days, after the applicant
requested the hearing, unless otherwise agreed to by both
parties.
Notes
Ohio Admin. Code 4717-7-04
Five Year Review (FYR) Dates:
5/16/2022 and
05/01/2027
Promulgated
Under:
119.03
Statutory Authority:
4717.04
Rule Amplifies:
4717.11
Prior Effective Dates: 01/01/2001, 04/10/2011, 06/19/2017,
01/10/2019
Effective: 1/10/2019
Five Year Review
(FYR) Dates: 6/19/2022
Promulgated Under:
119.03
Statutory
Authority: 4717.04(B)
Rule Amplifies:
4717.11
Prior
Effective Dates: 01/01/2001, 04/10/2011,
06/19/2017
