N.J. Admin. Code § 13:44J-7.1
Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:44J-7.1 - Memorials(a) Once interment has been made in an interment space or niche, the cemetery company shall not prohibit reasonable memorialization of the remains subject to (d) and (e) below.(b) A lot owner shall have the right to place a memorial or embellishment on any interment space or niche that he or she owns, and to approve or disapprove any memorial or embellishment placed or sought to be placed on an interment space or niche that he or she owns, except that: 1. In the absence of an agreement between the lot owner and the party having control over the remains, the lot owner shall not unreasonably withhold approval of a memorial on an interment space after an interment has been made therein;2. The cemetery company may, pursuant to N.J.S.A. 45:27-16, preclude the placement of a memorial until any outstanding charges against the interment space or niche are paid; and3. A cemetery company may prohibit the placement of a memorial or embellishment that does not comply with cemetery company regulations regarding memorials and embellishments adopted pursuant to (d) below.(c) A person who places a memorial or embellishment on an interment space or niche without the prior approval of the lot owner shall remove the memorial or embellishment at his or her own expense if the lot owner so directs.(d) A cemetery company may adopt reasonable regulations regarding the size, form, color, composition, uniformity, construction, placement and inscription of any memorial, embellishment or other structures sought to be placed on cemetery premises. Such regulations shall not give a competitive advantage to a particular monument dealer.(e) A cemetery company may prohibit the installation of a memorial or embellishment if it determines that the memorial, embellishment or other structures would be inappropriate, offensive or unsafe, that it would be significantly detrimental to the uniform appearance of the cemetery or that it would impose an unreasonable maintenance burden.(f) A memorial that has been installed without the cemetery company's approval may be removed by the cemetery company. The lot owner shall be responsible for costs incurred by the cemetery company for removal.(g) Cemetery companies are prohibited from selling commercially available bases of concrete, granite or marble to be attached to a bronze memorial, provided that the determination as to the need and design of subsurface support shall be governed by the reasonable rules of the cemetery company.N.J. Admin. Code § 13:44J-7.1
Amended by R.2000 d.487, effective 12/4/2000.
See: 32 N.J.R. 3261(a), 32 N.J.R. 4265(a).
Rewrote the section.
Amended by R.2006 d.203, effective 6/5/2006.
See: 37 N.J.R. 4877(a), 38 N.J.R. 2502(a).
Substituted "an interment space or niche" for "a cemetery lot or grave" in (a); in (b), substituted "interment space or niche" for "grave" and "an interment space or niche" for "a grave" in the introductory paragraph and rewrote (b)2; substituted "an interment space or niche" for "a grave" in (c); in (d), deleted "rules and" preceding "regulations" in the first and last sentences and inserted "uniformity,"; and substituted "dedication, embellishment or other structures" for "dedication or embellishment" in (d) and (e).
Amended by R.2010 d.092, effective 6/21/2010.
See: 41 N.J.R. 4184(a), 42 N.J.R. 1238(a).
Deleted ", dedication" following "memorial" throughout; in the introductory paragraph of (b), substituted "that" for "which" twice; in (b)1, deleted "and" from the end; in (b)2, substituted "; and" for a period at the end; added (b)3; in (d), deleted a comma following "placement" and "dedication," following "memorial,"; and in (e), deleted "dedication," following "memorial,", a comma following "offensive" and "cemetery", and deleted "or" following "unsafe,".