52 N.J.R. 871(a)

VOLUME 52, ISSUE 8, APRIL 20, 2020
RULE PROPOSALS

Reporter
52 N.J.R. 871(a)
NJ - New Jersey Register  >  2020  >  APRIL  >  APRIL 20, 2020  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement 

INTERESTED PERSONS 
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal. 
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of  N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register. 
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at      N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code. 
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > NEW JERSEY CEMETERY BOARD


Administrative Code Citation

Reproposed Amendments: N.J.A.C. 13:44J-2.1, 3.1, 9.1, and 13.1


Reproposed New Rules: N.J.A.C. 13:44J-9.1 through 9.11, 9.13, and 13.8


Text

Crematories
Authorized By: New Jersey Cemetery Board, Quin Archer, Executive Director.
Authority: N.J.S.A. 45:27-4 and 39.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2020-043.
Submit comments by June 19, 2020, to:
Quin Archer, Executive Director
New Jersey Cemetery Board
PO Box 45031
Newark, NJ 07101
Or electronically at: http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx
Summary
P.L. 2011, c. 230, which amended the New Jersey Cemetery Act, 2003 (N.J.S.A. 45:27-1 et seq.), required crematories to be located on dedicated cemetery property, although it allows those operated in conjunction with a funeral home that was established prior to December 1, 1971, to continue. The law authorizes the Cemetery Board (Board) to draft rules regarding the operation of crematories. Amendments and new rules at N.J.A.C. 13:44J to effectuate P.L. 2011, c. 230 were originally proposed on August 21, 2017, at 49 N.J.R. 2757(a) (the proposal expired on August 21, 2018). The amendments and new rules are being reproposed, with changes as discussed below, for additional public comment.
Summary of Public Comments and Agency Responses to the 2017 notice of proposal follows:
The official comment period ended October 20, 2017. The Board received three comments from the following individuals:
1. Judith Welshons, Executive Director, New Jersey Cemetery Association
2. Katie Chatterton, Corporate Counsel, SCI Shared Resources, LLC
3. Ada S. Guziejewski, Deputy Executive Director, New Jersey Funeral Directors Association, Inc.
1. COMMENT: One commenter recommends that the phrase "land or place" in the definition of "cemetery" at N.J.A.C. 13:44J-2.1 be amended to read "land and/or place."
RESPONSE: The phrase "land or place" is taken from N.J.S.A. 45:27-2 and the Board does not believe it is appropriate to change the term as the commenter recommends.
2. COMMENT: A commenter recommends that the title of Subchapter 9 be amended to read "Cremated Human Remains and Crematories."
RESPONSE: The heading of Subchapter 9 has been amended in the notice of reproposal as the commenter recommends.
3. COMMENT: A commenter contends that N.J.A.C. 13:44J-9.1(b) should be amended to clarify that all crematories are required to comply with the provisions in Subchapter 9, except for those provisions that apply to maintenance and preservation funds.
RESPONSE: The Board has amended N.J.A.C. 13:44J-9.1 to remove subsection (b), which stated that the subchapter did not apply to crematories operated in conjunction with funeral homes that were established prior to December 1, 1971. N.J.A.C. 13:44J-9.1 is also amended to establish that the provisions of Subchapter 9 apply to cemetery companies, governmental entities, religious corporations or organizations, and funeral homes that operate crematories.
4. COMMENT: A commenter recommends that N.J.A.C. 13:44J-9.3 be amended to recognize that there can be two separate forms, one for authorization and one for receipt, as long as all of the required information is included in one form or the other.
RESPONSE: Throughout Subchapter 9, the form is referred to as "authorization and receipt form(s)." This language indicates that there can be two separate forms.
5. COMMENT: A commenter contends that statutory provisions require that a decedent's age appear on an authorization form. The commenter recommends that N.J.A.C. 13:44J-9.3(a)3 be amended so that an authorization and receipt form may include a decedent's age as opposed to his or her date of birth. The commenter contends that funeral directors sometimes do not provide a date of birth.
RESPONSE: The Board points out that the statutory provision identified by the commenter, N.J.S.A. 45:27-19, refers to cemetery records and not to authorization and receipt forms. The Board has amended N.J.A.C. 13:44J-9.3(a)3 as part of the notice of reproposal, so that forms could contain either a decedents, date of birth or age.
6. COMMENT: A commenter recommends that N.J.A.C. 13:44J-9.3 be amended to clarify that crematories are responsible for creating an authorization and receipt form that would be issued to a funeral director for completion. The commenter contends that this conforms to N.J.A.C. 13:44J-13.8, which requires an applicant to provide the Board with a copy of its authorization and receipt form. The commenter contends that funeral directors should not be required to create the authorization and receipt form. The commenter also recommends that the rule be amended to allow a crematory to create a supplemental form that, if a funeral director does create an authorization form, would provide any required information not included in the funeral director's form.
RESPONSE: The Board believes that, as the rules at Subchapter 9 apply to crematories, it is sufficiently clear that crematories are responsible for authorization and receipt forms and that it is not necessary to amend the rules as the commenter recommends. A crematory will not be prohibited from using a form developed by another entity, such as a funeral director.
7. COMMENT: A commenter opposes N.J.A.C. 13:44J-9.3(a)4, which requires a funeral director to disclose if a death was due to an infectious or contagious disease. The commenter contends that this violates an existing Mortuary Board rule, N.J.A.C. 13:36-8.2, which prohibits funeral directors from disclosing any privacies, confidences, or secrets that come to his or her attention through the practice of mortuary science. The commenter contends that any information regarding diseases would arise from a funeral director's professional practice and divulging such information would violate N.J.A.C. 13:36-8.2. The commenter also contends that Federal regulations require the use of universal precautions when there is exposure to potentially infectious material, which would minimize employee exposure to such infectious material.
RESPONSE: The Board believes that it is important for crematories to have knowledge as to infectious diseases, but does not believe it is appropriate to require crematories to demand such information from funeral directors if such disclosure would have disciplinary implications for funeral directors. The Board believes that the phrase "if known" at N.J.A.C. 13:44J-9.3(a)4 will ensure that funeral directors will not have to disclose information that they are prohibited from disclosing by Mortuary Board rules.
8. COMMENT: A commenter recommends that N.J.A.C. 13:44J-9.3(a)10 be amended to replace the phrase "planned disposition" with the phrase "planned legal disposition."
RESPONSE: The Board does not believe that adding the term "legal" to N.J.A.C. 13:44J-9.3(a)10 would provide any clarity and will not amend the rule as the commenter recommends.
9. COMMENT: A commenter recommends that N.J.A.C. 13:44J-9.3(a)10 be amended so that crematories would have the option of providing the planned disposition and date on which it will occur on an authorization and receipt form. The commenter contends that funeral directors do not always know what the planned disposition will be and that such plans may change. The commenter also contends that, as [page=872] cremation is the final disposition, there is no statute or rule that requires a person to disclose the planned disposition of cremated human remains.
RESPONSE: The Board has amended N.J.A.C. 13:44J-9.3(a)10, so that planned dispositions will only be required on authorization and receipt forms if they are known.
10. COMMENT: A commenter contends that metal identification discs may be replaced by alternative identification methods in the future and recommends that the phrase "or similar identification tool" be added wherever the phrase "metal identification disc" appears.
RESPONSE: The Board has amended Subchapter 9, so that a crematory can use a metal identification disc or other non-combustible identification tool.
11. COMMENT: A commenter recommends that N.J.A.C. 13:44J-9.3(b)5 be amended, so that crematory operators would have to include a funeral director's license number on an authorization and receipt form. The commenter contends that this would be consistent with N.J.A.C. 13:44J-9.3(a)9 and N.J.S.A. 45:27-19.
RESPONSE: The Board has amended N.J.A.C. 13:44J-9.3(b)5 as the commenter recommends.
12. COMMENT: A commenter recommends that N.J.A.C. 13:44J-9.3(b)5 be amended to change the phrase "signature of the funeral director" to "signature of the funeral home representative." The commenter contends that transportation of a deceased person is not an activity that requires licensure as a funeral director. The commenter also recommends that the phrase "funeral director" at N.J.A.C. 13:44J-9.3(c) be changed to "funeral home." The commenter contends that industry standards require funeral homes to maintain authorization and receipt forms, not individual funeral directors.
RESPONSE: The Board points out that a funeral director must authorize delivery to a crematory, regardless of whether the funeral director actually performs the transportation of a deceased person. Accordingly, it is appropriate to require the signature of a funeral director at N.J.A.C. 13:44J-9.3(b)5. While it may be true that funeral directors are not required to maintain records, N.J.A.C. 13:44J-9.3(c) refers to providing a copy of authorization and receipt forms, not maintaining such forms once they are provided. The Board does not believe it is necessary to amend N.J.A.C. 13:44J-9.3 as the commenter recommends.
13. COMMENT: A commenter recommends that N.J.A.C. 13:44J-9.3(c) be amended to require funeral directors to keep a copy of the authorization form as part of their records, as funeral directors are the entities that fill out this form. A crematory would then be required to supply only the receipt form to funeral directors.
RESPONSE: The Board has no authority over funeral directors or the records maintained by registered mortuaries.
14. COMMENT: A commenter recommends that the Board amend N.J.A.C. 13:44J-9.3 to recognize that a crematory cannot perform a cremation without a valid burial/cremation/transit permit. This requirement would comport with N.J.S.A. 26:6-5.1 and 28.
RESPONSE: The Board recognizes the statutory requirements for burial/cremation/transit permits. The Board believes that crematories are aware that the Department of Health has statutes and rules relevant to their practices and expects that crematories will follow those requirements regardless of whether Board rules reiterate those requirements.
15. COMMENT: A commenter recommends that N.J.A.C. 13:44J-9.5(a)4 be amended to add the phrase "to the best of an operator's knowledge" to the beginning of the regulation.
RESPONSE: The Board does not believe it is appropriate to amend the rule as the commenter recommends. If an operator may perform a cremation, as long as he or she does not have knowledge as to hazardous or toxic elements, it will incentivize operators to not determine the make-up of a casket or container and undercut the basis of the rule, which is to help to ensure that hazardous or toxic elements are not released by crematories.
16. COMMENT: A commenter is concerned that N.J.A.C. 13:44J-9.5(c) could be interpreted as requiring a funeral director to remove handles or ornaments. The commenter recommends that this rule be amended to clarify that a crematory operator is responsible to remove handles or ornaments.
RESPONSE: The Board is not clear how a regulation that imposes requirements on crematories could be seen as imposing a burden on funeral directors and will not amend the regulation as the commenter recommends.
17. COMMENT: A commenter opposes provisions at N.J.A.C. 13:44J-9.6(c), which would allow for temporary entombment of human remains. The commenter contends that there is no recognized mechanism for temporary entombment. The commenter points out that N.J.A.C. 8:9-1.1 requires unembalmed human remains to be refrigerated, embalmed, buried, or cremated 48 hours after death. This rule does not recognize temporary entombment. The commenter is concerned that temporary entombment will lead to confusion as to the veracity of burial/cremation/transit permits as the method of disposition listed would not reflect the actual disposition.
RESPONSE: The Board has taken out references to temporary entombment at N.J.A.C. 13:44J-9.6(c).
18. COMMENT: A commenter asks if N.J.A.C. 13:44J-9.7(b)2 means that a crematory cannot accept out-of-State cremation permits.
RESPONSE: The Board did not intend to prevent crematories from accepting out-of-State cremation permits and has amended N.J.A.C. 13:44J-9.7(b)2 to clarify this.
19. COMMENT: A commenter recommends that N.J.A.C. 13:44J-9.11 be amended to require a crematory to obtain Board approval prior to expanding or replacing a crematory.
RESPONSE: The Board does not have the statutory authority to require a crematory to obtain Board approval for expansions or replacements. The Board has amended N.J.A.C. 13:44J-9.11 as part of the notice of reproposal to require a crematory that seeks to expand to notify the Board prior to expanding. The Board will consider this notification to determine if the expansion constitutes actual construction of a new crematory; in which case, the operator would have to apply to the Board for approval for construction.
20. COMMENT: A commenter recommends that the phrase "may ship cremated humans" at N.J.A.C. 13:44J-9.12 be amended to read "may ship cremated human remains."
RESPONSE: The Board has amended N.J.A.C. 13:44J-9.12 as part of the notice of reproposal as the commenter recommends.
21. COMMENT: A commenter opposes amendments to N.J.A.C. 13:44J-9.12, which remove requirements that shipped cremated human remains be insured. The commenter contends that crematories, as the place of final disposition, have a responsibility to safeguard the dignity of a decedent. Insuring remains meets this responsibility and protects crematories. The commenter points out that the cost of such insurance can be passed on to those requesting that cremated human remains be shipped.
RESPONSE: The Board does not believe that requiring insurance provides the protections envisioned by the commenter. Insuring cremated human remains would not safeguard the dignity of a decedent. Insurance would provide compensation when cremated human remains are lost or otherwise damaged in shipment and this compensation would do little to safeguard dignity.
22. COMMENT: A commenter recommends that N.J.A.C. 13:44J-9.12 be amended to require crematory operators to use parcel services that track packages during transit.
RESPONSE: The Board believes that the provision of a delivery document, which is required by N.J.A.C. 13:44J-9.12, provides adequate protections when cremated human remains are shipped and will not amend the rule as the commenter recommends.
Summary of the reproposed amendments and new rules
The definition of "cemetery" at N.J.A.C. 13:44J-2.1 is reproposed for amendment to conform to changes in the definition of "cemetery" at N.J.S.A. 45:27-2.
N.J.A.C. 13:44J-3.1 sets forth charges and fees that the Board assesses for the services it provides. When discussing the notice of reproposal, the Board determined that it was appropriate to charge a fee for processing of applications to construct a crematory. The Board proposes to amend N.J.A.C. 13:44J-3.1 to introduce a fee of $ 500.00 for entities applying to construct a cemetery.
The Board reproposes amendments to the heading of Subchapter 9 to indicate that the reproposed new rules in the subchapter detail requirements for operating crematories.
[page=873] Reproposed new N.J.A.C. 13:44J-9.1 sets forth the purpose and scope of Subchapter 9. The rule also provides a definition for "operators," which are governmental entities, cemetery companies, religious corporations or organizations, or funeral homes that operate crematories.
Existing N.J.A.C. 13:44J-9.1 is reproposed for recodification as N.J.A.C. 13:44J-9.12. The rule is reproposed for amendment for clarity and to permit cremated human remains to be shipped by certified mail and to remove a requirement that shipped cremated human remains be insured.
Reroposed new N.J.A.C. 13:44J-9.2 prescribes the information that must be maintained in crematory records. These records must be kept for at least seven years from the date of the cremation and must be made available to the Board upon request.
Reproposed new N.J.A.C. 13:44J-9.3 sets forth the information that must be provided by a funeral home on authorization and receipt forms before an operator can perform a cremation. The rule also sets forth the information an operator must provide on authorization and receipt forms and requires the operator to provide a copy of the form to the funeral director who delivered the human remains for cremation. Authorization and receipt forms must be maintained as part of an operator's records.
Reproposed new N.J.A.C. 13:44J-9.4 requires operators to maintain a log of inspections of, and maintenance on, cremation units or retorts. The rule sets forth the information that must be maintained in such logs.
Reproposed new N.J.A.C. 13:44J-9.5 sets forth standards for caskets or containers for human remains that are to be cremated.
Reproposed new N.J.A.C. 13:44J-9.6 requires operators to have a storage facility for human remains that cannot be immediately cremated. Caskets or containers in a storage facility cannot be placed on the floor of the facility. If un-embalmed human remains are being stored for more than 24 hours, they must be placed in a refrigerated facility.
Reproposed new N.J.A.C. 13:44J-9.7 requires operators to appoint an employee or employees responsible for accepting remains for a cremation. The rule sets forth the responsibilities of such employees. The rule requires operators to ensure that human remains are identified through at least two different methods.
Reproposed new N.J.A.C. 13:44J-9.8 sets forth the actions an operator must perform during a cremation.
N.J.A.C. 13:44J-9.9 details requirements for removing and processing cremated human remains.
Reproposed new N.J.A.C. 13:44J-9.10 sets forth requirements for transferring cremated human remains to a container after cremation. The rule also addresses labeling the container.
Reproposed new N.J.A.C. 13:44J-9.11 requires operators to notify the Board if a crematory is replaced or closed. The Board proposes a new provision in this rule that would require operators to notify the Board if they intend to expand an existing crematory. The rule permits the Board to consider whether such an expansion would constitute construction of a new crematory and, if so, require the operator to apply for approval for construction.
N.J.A.C. 13:44J-3.1(a)1ii requires cemetery companies to submit $ 1.00 for every cremation performed to the Board annually. During discussion of the reproposal, the Board determined that it was appropriate for all operators to submit this fee to the Board. Proposed new N.J.A.C. 13:44J-9.13 requires all operators to submit the annual cremation fee. If an operator is a cemetery company that is required to submit an annual report pursuant to N.J.A.C. 13:44J-5.6, the operator will continue to include the cremation fee along with all other fees owed to the Board, submitted with the annual report.
N.J.A.C. 13:44J-13.1 exempts an independently run crematory from maintenance and preservation fund requirements. The Board reproposes to amend N.J.A.C. 13:44J-13.1 to remove the exemption for crematories, as P.L. 2011, c. 230 deleted the statutory authorization for this exemption, and the law now requires that crematories be located on dedicated cemetery property. Reproposed new N.J.A.C. 13:44J-13.8 sets forth the information required for an application and requires the Board to notify the Department of Health of applications it has received.
As the Board has provided a 60-day comment period on this notice of reproposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
Social Impact
The reproposed amendments and new rules will have a positive impact on those who arrange for the cremation of human remains. The new rules will establish standards for cremations that will help to ensure that cremations are done in a respectful manner and that human remains are accurately identified throughout the cremation process.
Economic Impact
The reproposed amendments and new rules will have an economic impact on entities that seek to open new crematories. Such entities will incur the cost of preparing the documents necessary to apply for Board approval and will have to pay the application fee. Operators will incur the cost of maintaining the records required by N.J.A.C. 13:44J-9.2 and 9.4. The Board anticipates that many, if not all, operators are currently maintaining records that are substantially similar to those required by the rules. N.J.A.C. 13:44J-9.11 will impose costs on operators that seek to expand a crematory. Such operators will not be permitted to start the expansion until notifying the Board and may incur the costs of applying for construction of a crematory if the Board determines that the expansion constitutes construction of a new crematory. N.J.A.C. 13:44J-9.13 will require all operators to pay the annual cremation fee.
Federal Standards Statement
A Federal standards analysis is not required because the reproposed amendments and new rules do not involve any Federal standards or requirements.
Jobs Impact
The Board does not believe that the reproposed amendments and new rules will result in an increase or decrease of jobs in the State.
Agriculture Industry Impact
The Board does not believe that the reproposed amendments and new rules will have any impact on the agriculture industry of this State.
Regulatory Flexibility Analysis
Since operators will be individually authorized to operate crematories by the Board, under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.
The costs imposed on small businesses are the same as those imposed on all businesses as outlined in the Economic Impact above. The Board does not believe that operators will need to employ any professional services to comply with the reproposed amendments and new rules. The reproposed amendments and new rules imposes compliance, recordkeeping, and reporting requirements on operators as explained in the Summary above. The Board believes that since the reproposed amendments and new rules protect the public by providing for the proper operation of crematories, the rules should be applied uniformly to all operators regardless of the size of the business.
Housing Affordability Impact Analysis
The reproposed amendments and new rules will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rulemaking would evoke a change in the average costs associated with housing because the reproposed amendments and new rules concern the operation of crematories.
Smart Growth Development Impact Analysis
The reproposed amendments and new rules will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rulemaking would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the reproposed amendments and new rules concern the operation of crematories.
Racial and Ethnic Community Criminal and Public Safety Impact
The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.
Regulations

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
[page=874] SUBCHAPTER 2. DEFINITIONS

1. Definitions

The following words and terms, when used in this chapter, shall have the following meanings:
...
"Cemetery" means any land or place used or dedicated for use for burial of human remains, cremation of human remains, or disposition of cremated human remains[, and also includes a crematory located on dedicated cemetery property].
...

1. FEE SCHEDULE
2. Charges and fees
3. The following fees shall be charged by the Board:
4. Cemetery company fees:

i.-iii. (No change.)

1. Application fees:
2. (No change.)

(11)Construction of crematory..................... 500.00
2.-3. (No change.)

1. (No change.)
2. [CREMAINS] CREMATED HUMAN REMAINS AND CREMATORIES

13:44J-9.1 Purpose and scope; definitions

1. pter is to implement the provisions of P.L. 2011, c. 230, which requires that crematories be located on dedicated cemetery property,except for those operated in conjunction with a funeral home that was established prior to December 1, 1971.
2. For purposes of this subchapter, "operator" means a cemetery company, governmental entity, a religious corporation or organization, or a funeral home that operates a crematory.

13:44J-9.2 Crematory records

1. cremations shall maintain records for each cremation that includes:
2. ge, and place and date of death of the decedent;
3. person or persons who authorized the cremation;
4. funeral home, and the name and license number of its funeral director, from whom the remains were received for cremation;
5. tion was started;
6. tion was completed;
7. ed human remains or, if there is no recipient, the final disposition of the cremated human remains;
8. iner;
9. ntification disc, or other non-combustible identification tool, issued by the operator;
10. t number, if there is more than one unit; and
11. dual or individuals performing the cremation.(b)Cremation records shall be kept for at least seven years from the date of the cremation.
12. ords maintained pursuant to (a) above available to the Board upon request.13:44J-9.3 Authorization and receipt form(s) for cremations
13. orm a cremation, unless the following information has been provided by a funeral director on an authorization and receipt form(s):
14.  
15. if known;
16. age and the date, time, and place of death;
17. o an infectious or contagious disease, if known;
18. al implants that must be removed prior to cremation have been removed;
19. ed radiation therapy, the type of radiation therapy, and the date it was provided;
20. to decedent, and the signature of the individual or individualsauthorizing cremation;
21. eral home from which the remains were received for cremation;
22. Name, license number, and signature of the funeral director for the funeral home from which the remains were received for cremation and a certification of the contents of the casket or container signed by the funeral director; and
23. mated human remains and date on which this disposition will occur, if known.
24. ains to a crematory, the operator shall record the following information on the authorization and receipt form(s):
25. received by the operator;
26. ;
27. ntification disc, or other non-combustible identification tool, issued by the operator;
28. ible for taking custody of the remains for the operator; and
29. r of funeral director delivering the remains to the operator.
30. After providing the information required by (b) above, the operator shall provide a copy of the authorization and receipt form(s)to the funeral director who delivered the human remains to the crematory and shall maintain a copy of the form as part of the operator's records for at least seven years from the date of the cremation.

13:44J-9.4 Maintenance logs

1. An operator shall maintain a log of inspections, preventative maintenance, scheduled maintenance, and emergency maintenance on cremation units or retorts. Such a log shall include:
2. t number, if there is more than one unit;
3. med since last maintenance;
4. formed on the cremation unit or retort or the type of inspection performed;
5. he work or inspection; and
6.  
7. at least seven years from the date the last maintenance or inspection was provided.13:44J-9.5 Caskets and containers
8. ept for cremation a decedent's remains if they are in a casket or container that is:
9.  
10.  
11. and
12. ill not emit hazardous or toxic elements upon combustion.
13. An operator shall not perform a cremation if a casket or container has a zinc liner or is made of copper, bronze, fiberglass, plastic, Styrofoam, or polystyrene.
14. will interfere with a cremation or cause visible emission release shall be removed prior to cremation.13:44J-9.6 Storage facilities
15. An operator shall have a storage facility for human remains that cannot be immediately cremated because cremation equipment is being used for other cremations. Such facilities shall be easily accessible from the area where cremations are performed.
16. storage facility shall be placed on its own shelf or rack. A casket or container shall not be placed on the floor.[page=875] (c) Un-embalmed human remains kept for more than 24 hours shall be placed in a refrigerated storage facility.

13:44J-9.7 Receiving remains for cremation

1. an employee or employees who are responsible for accepting human remains for cremation.
2. t to (a) above shall, prior to accepting human remains, review and inspect the following:
3. receipt form(s) that contains the information required by N.J.A.C. 13:44J-9.3;
4. y N.J.A.C. 8:9 Appendix A or a similar form from another state; and
5. ensure it complies with the requirements of N.J.A.C. 13:44J-9.5.
6. t to (a) above shall:
7. Prepare and sign the authorization and receipt form(s) pursuant to N.J.A.C. 13:44J-9.3 and provide a copy to the funeral director delivering the decedent's remains to the crematory;
8. decedent and funeral home are clearly marked on the casket or container; and
9. ization and receipt form(s) to the casket or container.
10. An operator shall ensure that, from the time human remains have been delivered to the crematory until such time as the cremated human remains are released, the remains are identified through at least two separate means, one of which is a metal identification disc, or other non-combustible identification tool, in order to prevent the misidentification of remains.

13:44J-9.8 During a cremation

1. erator shall ensure that someone is monitoring the cremation and temperature.
2. Upon the completion of a cremation, an operator shall ensure that cremated human remains and casket or container residue are inspected to establish that the cremation process is completed prior to starting the cool down of the cremation unit or retort.

13:44J-9.9 Removing and processing cremated human remains and casket or container residue

1. Prior to removing cremated human remains and casket or container residue, an operator shall ensure that the metal identification disc, or other non-combustible identification tool, is checked against the authorization and receipt form(s).
2. hall be removed from cremated human remains and casket or container residue.13:44J-9.10 Temporary containers and packaging
3. After processing pursuant to N.J.A.C. 13:44J-9.9, cremated human remains and casket or container residue shall be transferred to a leak-proof container. No other material shall be placed in the container without written instructions from the individual authorizing the cremation.
4. label to the container with the decedent's name and the date of the cremation.
5. Prior to affixing the label to the container pursuant to (b) above, the operator shall ensure that the metal identification disc, or other non-combustible identification tool, authorization and receipt form(s), and label are checked for consistency and accuracy.

13:44J-9.11 Notification

1. he Board of any replacement or closure of a crematory.
2. Prior to expanding an existing crematory, an operator shall notify the Board. If the Board determines that the expansion constitutes construction of a crematory, the operator shall apply to the Board for approval pursuant to N.J.A.C 13:44J-13.8.

13:44J-[9.1] 9.12 Shipment of cremated human remains
[A cemetery company] An operator may ship [cremains] cremated human remains through the U.S. Postal System, using registered or certified mail, return receipt, or any other parcel service [which] that provides a delivery document. The [cemetery company] operator shall label both the inside container and outside wrapper to identify the contents as cremated human remains. The [cremains] cremated human remains shall be securely packaged [and insured].
13:44J-9.13 Annual cremation fee

1. the Board the cremation fee pursuant to N.J.A.C. 13:44J-3.1(a)1ii annually.
2. If an operator is required to submit an annual report pursuant to N.J.A.C. 13:44J-5.6, the operator shall include the cremation fee with any other charges due to the Board that are submitted with the annual report.
3. APPLICATIONS
4. Application for certificate of authority
5. (No change.)
6. A cemetery company organized on or after December 1, 1971, applying for a certificate of authority shall submit to the Board:
7. (No change.)
8. A statement and supporting evidence, if any, that the cemetery company is financially able to establish a Maintenance and Preservation Fund of $ 75,000 pursuant to the requirements of N.J.S.A. 45:27-13, except that a cemetery company [operating as a crematory which is wholly independent and physically separated from any cemetery shall not be required to provide such a statement, nor shall a cemetery company which] that  has been engaged in the operation of a cemetery prior to December 1, 1971,shall not be required to provide such a statement.
9. (No change.)
10. [(Reserved)] Application for approval to construct a crematory

(a)Construction of a crematory shall not begin without, in addition to any other statutory or regulatory requirements, prior Board approval.

1. onstruct a crematory shall submit to the Board:
2. approval to construct a crematory;
3. crematory;
4. and receipt form(s) for cremations;
5. remations;
6. ding cremations; and
7. orth at N.J.A.C. 13:44J-3.1(a)1iv(11).
8. tion for approval to construct a crematory, the Board shall notify the Department of Health that it has received the application.