(1) Crematories may not operate unless they have: 

(a) been issued a license or temporary permit; and

(b) designated a crematory operator-in-charge per these rules. The board must be notified of any change of crematory operator-in-charge per the requirements of ARM 24.147.409.

(2) Applicants for licensure as a crematory must submit a completed application on forms provided by the department. Completed applications include appropriate fees and required documentation.

(3) Applicants for licensure as a crematory must:

(a) designate a crematory operator-in-charge;

(b) apply for a temporary permit; and

(c) once a temporary permit has been issued, pass an initial inspection by a board-designated inspector per ARM 24.147.403. The inspection is based on the operation standards described in these statutes and rules.

(4) Applicants for licensure of an existing crematory with a change in ownership must meet the applicable requirements in ARM 24.147.407 in addition to the requirements listed in (2) and (3).

(5) Applicants for relocation of an existing crematory license must meet the applicable requirements in ARM 24.147.407 in addition to the requirements listed in (2) and (3).

(6) Crematories must meet the following minimum operation requirements:

(a) all crematory employees must be licensed per 37-19-702, MCA;

(b) comply with all local, state, and federal laws and rules pertaining to the operation of a crematory;

(c) have floors and walls constructed of an impervious material to allow cleaning and disinfection of these surfaces;

(d) maintain the crematory and all related cremation equipment after each use in a clean and sanitary condition;

(e) conduct appropriate maintenance and safe operation of equipment used in cremations;

(f) post signs near telephones and in the vicinity of the retort to direct staff to call 911 in a fire or other emergency; and

(g) display the facility license and licenses of all staff in a conspicuous place so they can be seen by members of the public. Personal addresses on licenses may be covered.

(7) Crematories must obtain and maintain all applicable local, state, and federal permits or licenses, including, but not limited to, those relating to:

(a) business;

(b) zoning;

(c) building codes (including plumbing, electrical, and mechanical);

(d) fire codes;

(e) air quality; and

(f) water quality.

(8) Crematories must have procedures to ensure:

(a) proper authorization to cremate exists; and

(b) the identification of:

(i) remains awaiting cremation;

(ii) remains in the cremation chamber;

(iii) cremated remains in the processing station; and

(iv) the urns or containers holding the cremated remains.

(9) Crematories must notify the board of any changes in equipment described in 37-19-703, MCA, within ten days.


History: 37-1-131, 37-19-202, 37-19-703, MCA; IMP, 37-1-131, 37-19-702, 37-19-703, 37-19-704, 37-19-705, MCA; NEW, 1993 MAR p. 2670, Eff. 11/11/93; AMD, 1998 MAR p. 2959, Eff. 11/6/98; AMD, 2000 MAR p. 1630, Eff. 6/30/00; TRANS, from Commerce, 2002 MAR p. 790; AMD, 2004 MAR p. 1622, Eff. 7/23/04; AMD, 2005 MAR p. 650, Eff. 4/29/05; AMD, 2006 MAR p. 1169, Eff. 5/5/06; AMD, 2014 MAR p. 2017, Eff. 9/5/14; AMD, 2018 MAR p. 440, Eff. 2/24/18.