N.Y. Comp. Codes R. & Regs. tit. 19 § 201.6

Current through Register Vol. 46, No. 53, December 31, 2024

Section 201.6 - Sale of outer containers

(a) A cemetery corporation may not compel the use of any particular outer enclosure, except that a cemetery may require the use of a concrete burial vault, or, at the option of the customer, a concrete grave liner under the following conditions and restrictions:

(1) the customer must have purchased a lot after January 1, 1985;

(2) the requirement must be stated prominently in writing and a written statement must be given to the customer in advance of the signing of the agreement to purchase a grave or lot;

(3) only a concrete grave liner or a concrete burial vault of the type and grade which conforms to the following minimum specifications may be required:

(i) concrete burial vault

--11/2" average sidewall

--2" top

--2" bottom (whether top seal or plate of air seal)

--4,500 pounds per square inch

--Sealed

(ii) concrete grave liner

--11/2" average top and bottom

--1" sidewall

--minimum of two holes in or near bottom to allow discharge of water

--4,500 pounds per square inch

--not sealed

(4) should a lot owner, a person with burial rights or a representative of one about to be interred express objection to the use of the required concrete burial vault or grave liner at the time of interment based upon a religious belief, the cemetery must, without question, cancel the requirement that a concrete vault or concrete grave liner be used; provided, however, that the cemetery may impose at the time of interment a reasonable fee for the periodic refilling of the grave after receiving approval of the Cemetery Board for that fee;

(5) a plot owner may purchase the prescribed grave liner from any source including the cemetery; and

(6) a cemetery may not sell burial vaults.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 201.6