State Codes and Statutes

Statutes > North-carolina > Chapter_65 > GS_65-48

§65‑48.  Definitions.

As used in this Article,unless otherwise stated or unless the context or subject matter clearlyindicates otherwise:

(1)        "Bank ofbelowground crypts" means any construction unit of belowground cryptsacceptable to the Commission which a cemetery uses to initiate its belowgroundcrypt program or to add to existing belowground crypt structures.

(2)        "Belowgroundcrypts" consists of an interment space in preplaced chambers, either sideby side or multiple depth, covered by earth and sod and are also known as lawncrypts, westminsters or turf top crypts.

(3)        "Cemetery"means any one or a combination of more than one of the following in a placeused or to be used and dedicated or designated for cemetery purposes:

a.         A burial park, forearth interment.

b.         A mausoleum.

c.         A columbarium.

(4)        "Cemeterybroker" means a legal entity engaged in the business of arranging sales ofcemetery products between legal entities and which sale does not involve acemetery company, but does not mean funeral establishments or funeral directorsoperating under G.S. 90‑210.25, when dealing between legal entitieswherein one such entity shall be members of the family of a deceased person orother persons authorized by law to arrange for the burial and funeral of suchdeceased human being. The North Carolina Cemetery Act shall not apply to anycemetery broker selling less than five grave spaces per year.

(5)        "Cemeterycompany" means any legal entity that owns or controls cemetery lands orproperty and conducts the business of a cemetery, including all cemeteriesowned and operated by governmental agencies, churches and fraternalorganizations or their corporate agents for the duration of any sales andmanagement contracts entered into with cemetery sales organizations or cemeterymanagement organizations for cemetery purposes, or with any other legal entityother than direct employees of said governmental agency, church or fraternalorganization.

(6)        "Cemeterymanagement organization" means any legal entity contracting as anindependent contractor with a cemetery company to manage a cemetery but doesnot mean individual managers employed by and contracting directly with cemeterycompanies operating under this Article.

(7)        "Cemetery salesorganization" means any legal entity contracting with a cemetery which isexempt or not exempt under this Article to conduct sales of cemetery products,but does not mean individual salesmen or sales managers employed by andcontracting directly with cemetery companies operating under this Article, nordoes it mean funeral establishments or funeral directors operating underlicenses authorized by G.S. 90‑210.25 when dealing directly with acemetery company and with members of the family of a deceased person or otherpersons authorized by law to arrange for the burial and funeral of suchdeceased human being.

(8)        "Columbarium"means a structure or building substantially exposed aboveground intended to beused for the interment of the cremated remains of a deceased person.

(9)        "Commission"means the North Carolina Cemetery Commission.

(10)      "Gravespace" means a space of ground in a cemetery intended to be used for theinterment in the ground of the remains of a deceased person.

(11)      "Humanremains" or "remains" means the bodies of deceased persons, andincludes the bodies in any stage of decomposition, and cremated remains.

(12)      "Mausoleum"means a structure or building substantially exposed aboveground intended to beused for the entombment of remains of a deceased person.

(13)      "Mausoleum section"means any construction unit of a mausoleum acceptable to the Commission which acemetery uses to initiate its mausoleum program or to add to its existingmausoleum structures.

(14)      "Person"means an individual, corporation, partnership, joint venture, or association.

(15)      "Vault"means a crypt or underground receptacle which is used for interment in theground and which is designed to encase and protect caskets or similar burialdevices. For the purposes of this Article, a vault is a preneed item untildelivery to the purchaser. (1943, c. 644, s. 2; 1967, c. 1009, s. 2; 1971, c.1149, s. 1; 1975, c. 768, s. 1; 1977, c. 686, ss. 2, 3.)

State Codes and Statutes

Statutes > North-carolina > Chapter_65 > GS_65-48

§65‑48.  Definitions.

As used in this Article,unless otherwise stated or unless the context or subject matter clearlyindicates otherwise:

(1)        "Bank ofbelowground crypts" means any construction unit of belowground cryptsacceptable to the Commission which a cemetery uses to initiate its belowgroundcrypt program or to add to existing belowground crypt structures.

(2)        "Belowgroundcrypts" consists of an interment space in preplaced chambers, either sideby side or multiple depth, covered by earth and sod and are also known as lawncrypts, westminsters or turf top crypts.

(3)        "Cemetery"means any one or a combination of more than one of the following in a placeused or to be used and dedicated or designated for cemetery purposes:

a.         A burial park, forearth interment.

b.         A mausoleum.

c.         A columbarium.

(4)        "Cemeterybroker" means a legal entity engaged in the business of arranging sales ofcemetery products between legal entities and which sale does not involve acemetery company, but does not mean funeral establishments or funeral directorsoperating under G.S. 90‑210.25, when dealing between legal entitieswherein one such entity shall be members of the family of a deceased person orother persons authorized by law to arrange for the burial and funeral of suchdeceased human being. The North Carolina Cemetery Act shall not apply to anycemetery broker selling less than five grave spaces per year.

(5)        "Cemeterycompany" means any legal entity that owns or controls cemetery lands orproperty and conducts the business of a cemetery, including all cemeteriesowned and operated by governmental agencies, churches and fraternalorganizations or their corporate agents for the duration of any sales andmanagement contracts entered into with cemetery sales organizations or cemeterymanagement organizations for cemetery purposes, or with any other legal entityother than direct employees of said governmental agency, church or fraternalorganization.

(6)        "Cemeterymanagement organization" means any legal entity contracting as anindependent contractor with a cemetery company to manage a cemetery but doesnot mean individual managers employed by and contracting directly with cemeterycompanies operating under this Article.

(7)        "Cemetery salesorganization" means any legal entity contracting with a cemetery which isexempt or not exempt under this Article to conduct sales of cemetery products,but does not mean individual salesmen or sales managers employed by andcontracting directly with cemetery companies operating under this Article, nordoes it mean funeral establishments or funeral directors operating underlicenses authorized by G.S. 90‑210.25 when dealing directly with acemetery company and with members of the family of a deceased person or otherpersons authorized by law to arrange for the burial and funeral of suchdeceased human being.

(8)        "Columbarium"means a structure or building substantially exposed aboveground intended to beused for the interment of the cremated remains of a deceased person.

(9)        "Commission"means the North Carolina Cemetery Commission.

(10)      "Gravespace" means a space of ground in a cemetery intended to be used for theinterment in the ground of the remains of a deceased person.

(11)      "Humanremains" or "remains" means the bodies of deceased persons, andincludes the bodies in any stage of decomposition, and cremated remains.

(12)      "Mausoleum"means a structure or building substantially exposed aboveground intended to beused for the entombment of remains of a deceased person.

(13)      "Mausoleum section"means any construction unit of a mausoleum acceptable to the Commission which acemetery uses to initiate its mausoleum program or to add to its existingmausoleum structures.

(14)      "Person"means an individual, corporation, partnership, joint venture, or association.

(15)      "Vault"means a crypt or underground receptacle which is used for interment in theground and which is designed to encase and protect caskets or similar burialdevices. For the purposes of this Article, a vault is a preneed item untildelivery to the purchaser. (1943, c. 644, s. 2; 1967, c. 1009, s. 2; 1971, c.1149, s. 1; 1975, c. 768, s. 1; 1977, c. 686, ss. 2, 3.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_65 > GS_65-48

§65‑48.  Definitions.

As used in this Article,unless otherwise stated or unless the context or subject matter clearlyindicates otherwise:

(1)        "Bank ofbelowground crypts" means any construction unit of belowground cryptsacceptable to the Commission which a cemetery uses to initiate its belowgroundcrypt program or to add to existing belowground crypt structures.

(2)        "Belowgroundcrypts" consists of an interment space in preplaced chambers, either sideby side or multiple depth, covered by earth and sod and are also known as lawncrypts, westminsters or turf top crypts.

(3)        "Cemetery"means any one or a combination of more than one of the following in a placeused or to be used and dedicated or designated for cemetery purposes:

a.         A burial park, forearth interment.

b.         A mausoleum.

c.         A columbarium.

(4)        "Cemeterybroker" means a legal entity engaged in the business of arranging sales ofcemetery products between legal entities and which sale does not involve acemetery company, but does not mean funeral establishments or funeral directorsoperating under G.S. 90‑210.25, when dealing between legal entitieswherein one such entity shall be members of the family of a deceased person orother persons authorized by law to arrange for the burial and funeral of suchdeceased human being. The North Carolina Cemetery Act shall not apply to anycemetery broker selling less than five grave spaces per year.

(5)        "Cemeterycompany" means any legal entity that owns or controls cemetery lands orproperty and conducts the business of a cemetery, including all cemeteriesowned and operated by governmental agencies, churches and fraternalorganizations or their corporate agents for the duration of any sales andmanagement contracts entered into with cemetery sales organizations or cemeterymanagement organizations for cemetery purposes, or with any other legal entityother than direct employees of said governmental agency, church or fraternalorganization.

(6)        "Cemeterymanagement organization" means any legal entity contracting as anindependent contractor with a cemetery company to manage a cemetery but doesnot mean individual managers employed by and contracting directly with cemeterycompanies operating under this Article.

(7)        "Cemetery salesorganization" means any legal entity contracting with a cemetery which isexempt or not exempt under this Article to conduct sales of cemetery products,but does not mean individual salesmen or sales managers employed by andcontracting directly with cemetery companies operating under this Article, nordoes it mean funeral establishments or funeral directors operating underlicenses authorized by G.S. 90‑210.25 when dealing directly with acemetery company and with members of the family of a deceased person or otherpersons authorized by law to arrange for the burial and funeral of suchdeceased human being.

(8)        "Columbarium"means a structure or building substantially exposed aboveground intended to beused for the interment of the cremated remains of a deceased person.

(9)        "Commission"means the North Carolina Cemetery Commission.

(10)      "Gravespace" means a space of ground in a cemetery intended to be used for theinterment in the ground of the remains of a deceased person.

(11)      "Humanremains" or "remains" means the bodies of deceased persons, andincludes the bodies in any stage of decomposition, and cremated remains.

(12)      "Mausoleum"means a structure or building substantially exposed aboveground intended to beused for the entombment of remains of a deceased person.

(13)      "Mausoleum section"means any construction unit of a mausoleum acceptable to the Commission which acemetery uses to initiate its mausoleum program or to add to its existingmausoleum structures.

(14)      "Person"means an individual, corporation, partnership, joint venture, or association.

(15)      "Vault"means a crypt or underground receptacle which is used for interment in theground and which is designed to encase and protect caskets or similar burialdevices. For the purposes of this Article, a vault is a preneed item untildelivery to the purchaser. (1943, c. 644, s. 2; 1967, c. 1009, s. 2; 1971, c.1149, s. 1; 1975, c. 768, s. 1; 1977, c. 686, ss. 2, 3.)