State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_121

§ 90‑210.121. Definitions.

As used in this Article,unless the context requires otherwise:

(1)        "Authorizingagent" means a person legally entitled to authorize the cremation of humanremains in accordance with G.S. 90‑210.124.

(2)        "Board"means the North Carolina Board of Funeral Service.

(3)        "Bodyparts" means limbs or other portions of the anatomy that are removed froma person or human remains for medical purposes during treatment, surgery,biopsy, autopsy, or medical research; or human bodies or any portion thereofthat have been donated to science for medical purposes.

(4)        "Casket"means a rigid container that is designed for the encasement of human remainsand that is usually constructed of wood, metal, or other material andornamented and lined with fabric, and which may or may not be combustible.

(5)        "Certificate ofcremation" means a certificate provided by the crematory manager whoperformed the cremation containing, at a minimum, the following information:

a.         Name of decedent;

b.         Date of cremation;

c.         Name and address ofcrematory; and

d.         Signature ofcrematory manager or person acting as crematory manager.

(6)        "Crematedremains" means all human remains recovered after the completion of thecremation process, including pulverization which leaves only bone fragmentsreduced to unidentifiable dimensions.

(7)        "Cremation"means the technical process, using intense heat and flame, that reduces humanremains to bone fragments. Cremation includes the processing and may includethe pulverization of the bone fragments.

(8)        "Cremationchamber" means the enclosed space within which the cremation process takesplace. Cremation chambers covered by this Article shall be used exclusively forthe cremation of human remains.

(9)        "Cremationcontainer" means the container in which the human remains are transportedto the crematory or placed therein upon arrival for storage and placement in acremation chamber for cremation. A cremation container shall comply with all ofthe following standards:

a.         Be composed ofreadily combustible materials suitable for cremation;

b.         Be able to be closedin order to provide a complete covering for the human remains;

c.         Be resistant toleakage or spillage;

d.         Be rigid enough forhandling with ease;

e.         Be able to provideprotection for the health, safety, and personal integrity of crematorypersonnel; and

f.          Be easilyidentifiable. The covering of the cremation container shall contain thefollowing information:

1.         The name of thedecedent;

2.         The date of death;

3.         The sex of thedecedent; and

4.         The age at death ofthe decedent.

(10)      "Cremationinterment container" means a rigid outer container composed of concrete,steel, fiberglass, or some similar material in which an urn is placed prior tobeing interred in the ground and which is designed to withstand prolongedexposure to the elements and to support the earth above the urn.

(11)      "Crematory"or "crematorium" means the building or buildings or portion of abuilding on a single site that houses the cremation equipment, the holding andprocessing facilities, the business office, and other parts of the crematorybusiness. A crematory must comply with all applicable public health andenvironmental laws and rules and must contain the equipment and meet all of thestandards established by the rules adopted by the Board.

(12)      "Crematorylicensee" means the individual or legal entity that is licensed by theBoard to operate a crematory and perform cremations.

(13)      "Crematorymanager" means the person who is responsible for the management and operationof the crematory. A crematory manager must either be licensed to practicefuneral directing or funeral service and be qualified as a crematory technicianor must obtain a crematory manager permit issued by the Board. In order toreceive a crematory manager permit, a person must:

a.         Be at least 18 yearsof age.

b.         Be of good moralcharacter.

c.         Be qualified as acrematory technician.

Notwithstandingany other provision of law, a crematory that is licensed by the Board prior toJanuary 1, 2004, and as of that date is not managed by a crematory manager whois licensed to practice funeral directing or funeral service, or who has acrematory manager permit, may continue to be managed by a crematory manager whois not licensed to practice funeral directing or funeral service or who doesnot have a crematory manager permit so long as there is no sale, transfer,devise, bequest, gift, or any other disposal of a controlling interest in thecrematory.

(13a)    "Cremationsociety" means any person, firm, corporation, or organization that isaffiliated with a crematory licensed under this Article and provides cremationinformation to consumers.

(14)      "Crematorytechnician" means any employee of a crematory licensee who has acertificate confirming that the crematory technician has attended a trainingcourse approved by the Board. The Board shall recognize the cremationcertificate program that is conducted by the Cremation Association of NorthAmerica (CANA).

(15)      "Finaldisposition" means the cremation and the ultimate interment, entombment,inurnment, or scattering of the cremated remains or the return of the crematedremains by the crematory licensee to the authorizing agent or such agent'sdesignee as provided in this Article. Upon the written direction of the authorizingagent, cremated remains may take various forms.

(16)      "Holding andprocessing facility" means an area or areas that are designated for theretention of human remains prior to, and the retention and processing ofcremated remains after, cremation; that comply with all applicable publichealth and environmental laws; preserve the health and safety of the crematorytechnician and other personnel of the crematory; and that are secure fromaccess by anyone other than authorized persons. A holding facility andprocessing facility must be located in a crematory.

(17)      "Humanremains" means the body of a deceased person, including a separate humanfetus, regardless of the length of gestation, or body parts.

(17a)    "Initialcontainer" means a receptacle for cremated remains, for which the intendeduse and design is to hold cremated remains, usually composed of cardboard,plastic, or similar material that can be closed in a manner so as to preventthe leakage or spillage of the cremated remains or the entrance of foreignmaterial and is a single container of sufficient size to hold the crematedremains.

(18)      "Niche"means a compartment or cubicle for the memorialization or final disposition ofan urn or container containing cremated remains.

(19)      "Processing"means the removal of bone fragments from the cremation chamber for thereduction in size, labeling and packaging, and placing in an urn or initialcontainer.

(20)      "Pulverization"means the reduction of identifiable or unidentifiable bone fragments after thecompletion of the cremation to granulated particles by mechanical means.

(21)      "Scatteringarea" means an area permitted by North Carolina law including, but notlimited to, an area designated by a cemetery and located on dedicated cemeteryproperty where cremated remains that have been removed from their container canbe mixed with or placed on top of the soil or ground cover.

(22)      Repealed by SessionLaws 2007‑531, s. 18, effective August 31, 2007.

(23)      "Urn" meansa receptacle designed to permanently encase the cremated remains. (1989 (Reg. Sess., 1990), c.988, s. 1; 1997‑399, s. 16; 2003‑420, s. 2; 2007‑531, s. 18.)