24 Del. Admin. Code § 3100-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3100-4.0 - Establishment Permits

4.1 The Board shall issue and renew establishment permits as provided in 24 Del.C. § 3117. As used herein, an establishment is the building or structure where the practice of providing funeral services is conducted.

4.2 Unless exempt under 24 Del.C. § 3101, the building in which funeral services are provided shall contain a room having the fixtures necessary for the care and preparation of human remains for funeral service, burial, entombment or cremation. These fixtures include, at a minimum, embalming machine and table, aspirator, embalming instruments, embalming fluids, an operating drainage system, syringes, needles and surgical supplies and an operating ventilation system.

4.2.1 A satellite funeral establishment is a place where the practice of providing funeral services is conducted at a location separate from the primary place of business.

4.2.2 A satellite funeral establishment retains the exemption only so long as it is continuously operated as an adjunct to the primary place of business.

4.3 Unless exempt under 24 Del.C. § 3117(a)(2), a funeral establishment shall have a licensed funeral director in charge full time therein.

4.3.1 A funeral director is in charge full time so long as the director is on the premises when funeral services are being provided.

4.3.2 A business operating in a funeral establishment since September 6, 1972 retains an exemption under 24 Del.C. § 3117(a)(2) only so long as the record owner of the business does not change.

4.4 All funeral establishments shall conform with the health and safety regulations promulgated by agencies of the State of Delaware having regulatory authority and be subject to the inspection program implemented by the Board before and during licensure.

24 Del. Admin. Code § 3100-4.0

5 DE Reg. 606 (09/01/01)
21 DE Reg. 338 (10/1/2017)
24 DE Reg. 65 (7/1/2020)
27 DE Reg. 887 (5/1/2024) (Final)