Cal. Code Regs. tit. 16 § 2326.01

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 2326.01 - [Operative 1/1/2025] Application for Initial Crematory License, or Assignment of an Existing Crematory License
(a) Applying for an initial crematory or an assignment of existing crematory license, shall be submitted on Bureau form 23-CR (New 1/24), Application for Initial Crematory License or Assignment of an Existing Crematory License, which is hereby incorporated by reference. The form shall be accompanied by the filing fee of $750. Each application shall be accompanied by the following:
(1) Articles of Incorporation, if applicant is a corporation.
(2) Partnership agreement, if applicant is a partnership.
(3) Land use or zoning permit.
(4) Permit to operate a crematory issued by the local air pollution control district.
(5) Deed, lease or other instrument which provides the applicant with the right to possess and use the property where the business will be located.
(6) A statement signed by the applicant if the applicant is an individual; signed by the majority and verified by one (1) of the officers, if the applicant is a corporation; or signed and verified by a majority of the partners, if applicant is a partnership, which statement shall set forth:
(A) A complete and detailed financial statement showing assets, liabilities, and reserves.
(B) A statement of proposed plan of operation which shall include the type of selling.
(C) A full, true, and complete copy of the standard agreement which will be used for funding of prearranged cremations.
(D) Plans and specifications of the crematory and building, which must be sufficient to allow the Bureau to determine, among other things:
(i.) Fire resistant character.
(ii.) Amount of storage for cremated and uncremated remains.
(b) In addition to the requirements in subdivision (a) of this section, the new owner requesting an assignment of an existing crematory license shall submit to the Bureau pursuant to Business and Professions Code section 7712.1 the following:
(1) The application to the Bureau at least 30 days before the change of ownership occurs. The assignment of an existing crematory license shall occur once the Bureau has approved the application.
(2) Copy of the final, dated and signed, sales agreement shall be submitted to the Bureau within 10-days of the final sale.
(3) Within 60 days from the date of the sales agreement the new owner must submit to the Bureau the local air pollution required permit to operate the crematory, the applicant shall file proof of the permit issued.

Cal. Code Regs. Tit. 16, § 2326.01

Note: Authority cited: Sections 7606, 7712.1 and 7712.5, Business and Professions Code. Reference: Sections 7712.1, 7712.2, 7712.4, 7712.5 and 7712.9, Business and Professions Code.

1. New section filed 10-16-2024; operative 1/1/2025 (Register 2024, No. 42).