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24.147.1101    CREMATORY FACILITY REGULATION

(1) Each location of a crematory facility is considered a separate location and must be licensed separately from a mortuary, even though they may share the same common building.

(2) The crematory facility shall comply with all applicable local, state and federal building codes.

(3) A licensed crematory shall notify the board office promptly, in writing, of any change of crematory operator.

(4) The telephone number of the fire department or rural fire district serving the crematory facility shall be posted in large bold numbers in a conspicuous place near all telephones in the crematory facility as well as in the office, if attached to a mortuary facility.

(5) The crematory operator is responsible for the maintenance and safe operation of equipment used in cremations.

(6) All crematory facilities shall be kept and maintained in a clean and sanitary condition and all appliances used in the cremation process of dead human bodies shall be thoroughly cleansed and disinfected.

(7) Floors and walls shall be constructed of an impervious material.

(8) Used caskets or casket parts shall be placed in a storage room not available to the public view.

(9) When the crematory facility is unable to cremate human remains immediately upon taking custody, the human remains shall be placed in a holding area which shall be marked "private" or "authorized personnel only."

(10) Prior to beginning the cremation process, the crematory must have in its possession, written authorization(s) bearing the original, photocopied, or facsimile signatures of the authorizing agent and, if the death occurred in Montana, the coroner having jurisdiction or the state medical examiner. In addition, the following information must be included in the authorization and kept on record:

(a) identification of the decedent;

(b) identification and relationship of the authorizing agent;

(c) hazardous implants or other medical devices;

(d) personal property and disposition thereof;

(e) disposition of cremated remains;

(f) a description of the cremation process;

(g) a release from liability per 37-19-707 , MCA; and

(h) any other information pertinent to the individual cremation.

(11) Unauthorized persons may not be permitted in the cremation chamber area while any human remains are being placed within the cremation chamber, being cremated, or being removed from the cremation chamber. For this purpose authorization may be provided by the licensee performing the cremation or the authorizing agent.

History: 37-1-131, 37-19-202, 37-19-703, MCA; IMP, 37-19-702, 37-19-703, 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.

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