Md. Code Regs. 09.34.07.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 09.34.07.02 - Inspection by the Office

A. A crematory shall be available for inspection by a representative of the Office at any time during operating hours.

B. Each crematory shall be inspected:

(1) On at least a biennial basis;

(2) In furtherance of an investigation; or

(3) Upon the sale or change of ownership of the crematory.

C. A crematory shall maintain the following minimum standards:

(1) The premises shall be maintained in a sanitary manner to comply with Centers for Disease Control's guidelines on universal precautions;

(2) Except by express, written consent of the authorizing agents to perform simultaneous, multiple cremations, there shall be no more than one human body cremated in a single cremator at a time;

(3) A cremator shall be cleaned completely after each cremation;

(4) There may not be co-mingling of human remains and pet remains in refrigeration units or cremation machinery;

(5) Separate cremators shall be dedicated for the cremation of human remains and the cremation of pets;

(6) There may not be:

(a) Co-mingling of cremated human remains with other cremated human remains or pet remains;

(b) Scooping of cremated human remains from a bucket containing commingled cremated human remains; or

(c) Any form of misrepresentation in the return of cremated human remains;

(7) Excluding a deceased person with a known communicable infection, human remains shall be properly identified before cremation by verifying that the documentation accompanying the human remains is consistent with a visual observation of the human remains;

(8) A burial transit permit shall be an original document pertaining to the deceased;

(9) Each crematory shall have:

(a) A sink with hot and cold water in the room in which the cremator is housed; and

(b) The equipment necessary to thoroughly clean the floor within the room housing the cremator with water and an appropriate sanitizing agent;

(10) The name of the deceased shall be visible on the outside of the cremation container;

(11) Human remains shall be properly stored prior to cremation;

(12) Crematories shall:

(a) Use only mechanical pulverizing equipment meeting industry standards that has been thoroughly brushed as clean as possible between each use; and

(b) Pulverize the cremated human remains with a mortar and pestle when the cremated human remains are not sufficient in amount for pulverizing in mechanical equipment;

(13) Separate pulverizing drums shall be dedicated for cremated human remains and cremated pet remains;

(14) Before pulverizing, the mechanical pulverizer shall be clamped;

(15) A crematory may not refuse to release cremated human remains pending payment of outstanding fees;

(16) Within 6 months of the effective date of this regulation, cremators without safety devices that prevent the automatic door from dropping prematurely shall be retrofitted with such safety devices;

(17) Portable fans may not be used in the area of the cremator or pulverizing equipment;

(18) There shall be a minimum of 6 inches between a cremator smoke stack and the roof of the crematory;

(19) A cremator shall have, visible on its front, a warning sign stating No leaning past the door of the cremator.;

(20) The permit holder or registered crematory operator shall be present at the crematory during regular business hours; and

(21) All individuals who operate the cremator in a crematory shall be certified by the Cremation Association of North America (CANA), International Cemetery, Cremation and Funeral Association (ICCFA), or other equivalent certification recognized by the Office and the Board. Individuals receiving training toward certification to operate a cremator shall be allowed to work under the supervision of a registered crematory operator who has the required certification for a period not to exceed 6 months.

D. The following completed forms shall be available at all times for inspection and copying and are subject to be pulled at random by the inspector:

(1) Cremation authorization form;

(2) Burial transit permit;

(3) Delegation of authority form;

(4) Receipt for human remains;

(5) Record of cremation;

(6) Certificate of cremation; and

(7) Return of human cremated remains certificate.

E. Inspection results shall be written on forms approved by the Office.

F. The representative of the Office performing the inspection shall, upon completion of the inspection:

(1) Apprise the permit holder of the findings of the inspection; and

(2) Provide the permit holder or a representative of the permit holder with a copy of the inspection report.

G. The permit holder or representative of the permit holder shall sign and verify receipt of the inspection report.

H. At the time of the Office's inspection, the permit holder shall provide written documentation to the Office's inspector that:

(1) The cremator has been inspected in accordance with manufacturer specifications;

(2) In accordance with manufacturer specifications, it is not time for a manufacturer's inspection; or

(3) The permit holder has requested that the manufacturer conduct an inspection of the cremator.

Md. Code Regs. 09.34.07.02

Effective date: 41:6 Md. R. 378, eff.3/31/2014