24 Del. Admin. Code § 3100-13.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 3100-13.0 - Cremation and Crematoriums13.1 Definitions "Certified Crematory Operator" means a natural person who has received official certification as a crematory operator from CANA, ICCFA or another officially recognized certification agency approved by the Board.
"Cremated Human Remains/Cremains" means all particulate matter of a deceased human body following the cremation and subsequent mechanical pulverization of the remains.
"Cremation Process" means the procedure necessary to render a human remains to a particulate and ash consistency using extreme heat, cold, direct fire or any other type of thermal process.
"Cremator/Retort" means the mechanical combustion chamber in which cremation of a deceased human body takes place.
"Crematory/Crematorium" means a facility which houses the mechanical equipment and appurtenances used during the cremation of a deceased human body.
"Offsite crematory/crematorium" means a facility which houses the mechanical equipment and appurtenances used during the cremation of a deceased human body and is not located within the confines of a funeral establishment or adjacent to the funeral establishment.
"Onsite funeral home crematory/crematorium" means a facility which houses the mechanical equipment and appurtenances used in the cremation of a deceased human body when the facility is located within the confines of funeral establishment or adjacent to the funeral establishment.
13.2 Cremation 13.2.1 An identifying label, tag or other bracelet shall be used and placed on the decedent at the time of identification if one has not already been affixed at the time of transfer to the care of the funeral home. At the conclusion of cremation, a delivery receipt to the receiving party of the cremated remains shall be signed and maintained by the crematory/crematorium of record along with a copy of the formal identification of the decedent by the funeral home of record.13.2.2 All portions of cremated remains shall have identification with the name of the decedent and name of the crematory performing cremation affixed to the outside of the vessel in some fashion as well as the inside of the vessel, with the exception of cremation jewelry. Labeling shall be present on the outside of the box or container holding the cremation jewelry.13.2.3 A metal cremation identification disc shall be utilized in the cremation chamber and throughout the cremation process and shall be attached with the largest primary portion of cremated remains.13.2.4 No cremation of other than deceased human remains shall occur in any cremation chamber at any time nor shall any processing equipment be utilized for any other purposes other than for deceased human remains.13.2.5 No cremation of more than 1 deceased human remains shall occur in any cremation chamber at any time.13.2.6 Comingling of cremated remains shall only occur with formal written authorization by the legal next of kin.13.2.7 Following cremation, the cremated human remains must be returned to the responsible party in a secure container or vessel of no less construction than that of a minimum metal material, ridged plastic material or heavy grade corrugated material. Any container, if used, or any type of cremation urn shall be clearly affixed with a label clearly identifying the contents, which shall include the name of decedent, date of passing, date of cremation, name of funeral home and name, address and phone number of the crematory of record.13.2.8 All electronic and radio active devices or implants, including pacemakers, defibrillators or radioactive pain management seedings, shall be removed prior to cremation.13.2.9 No funeral home licensed in this state shall publicize themselves as a crematorium or crematory unless they have that facility on premise or have a financial interest in a third party crematory.13.2.10 All Authority to Cremate forms shall indicate the name and address of the cremation as well as the location of refrigeration of the decedent prior to cremation, if the time parameters require refrigeration.13.2.11 All crematories and crematoriums which are not part of a licensed funeral home operation must register with the Board for an official establishment permit. The establishment shall meet the requirements set forth by the Board in their regulations. No viewing of decedents would be permitted at these types of crematories or crematoriums.13.2.12 Crematories and Crematoriums which are part of a licensed funeral home operation and within its confines or on an adjacent property to the immediate funeral home facility would be considered an integral part of the operation and would not require separate registration with the Board. The facility shall, however, be subject to inspection at the time of the funeral home inspection. The crematorium location shall be noted on the funeral home establishment permit at time of licensing or renewal.13.2.13 Crematories and crematoriums shall have a certified crematory operator on the premises during the process of cremation.13.2.14 Crematories and crematoriums shall abide by all regulations and rules put forth by any state or federal agency regarding emissions created from the act of cremation.13.2.15 All individuals assisting in crematory or crematorium operations, and hired after the effective date of these regulations, must have a minimum of a GED.13.2.16 Third party crematories and crematoriums shall not hold un-embalmed human remains after their delivery to their facility for a period longer than 6 hours prior to cremation unless the facility has the capability to storage in refrigeration on premises at a temperature not to exceed 38 degrees. Third party crematories and crematoriums may only hold in refrigeration those human remains which have been delivered to them along with all the necessary documentation for cremation for a period not to exceed 24 hours. Third party crematories and crematoriums are not a registered funeral home establishment; therefore, they shall not extend the services of being a depository for the process of refrigeration. The refrigeration system shall have its own secure locking system. The presence and location of refrigeration shall be noted on the Crematory Establishment License in the case of offsite crematory or the Funeral Home Establishment License in the case of onsite funeral home crematory.13.2.17 No third party crematory may hold itself out to offer services direct to the public unless the facility meets all the requirements of a funeral establishment.13.2.18 No members of the general public may permitted to witness the placement of a cremation container or casket into a cremation chamber unless the crematory of record has this procedure as a general company policy.24 Del. Admin. Code § 3100-13.0
21 DE Reg. 904 (5/1/2018)
27 DE Reg. 887 (5/1/2024) (Final)