Cemetery and Funeral ActCrematories
Section § 7712
This law states that a crematory, whether it's run by a corporation, a partnership, or an individual, must have a valid license from the bureau to legally operate.
Section § 7712.1
If a crematory changes ownership, it must be reported to the bureau. If more than half of the crematory's interest is transferred, it's considered a change of ownership. The new owner can apply to transfer the crematory license at least 30 days before the change, with a fee. The bureau will then decide on the application and might approve it before the sale is final. After the sale, the new owner has 10 days to send the final sales agreement to the bureau and 60 days to show that local air pollution permits have been transferred. Not doing these may lead to discipline. There's no need for new permits if the current ones are still valid.
Section § 7712.10
If you run a crematory, you need a manager who meets qualifications set by the bureau, including passing a written test on relevant laws. You can't manage a crematory or even claim to be a manager without a proper license from the bureau.
Section § 7712.11
To operate a hydrolysis facility, there must be a manager who meets certain qualifications set by the bureau. This manager can also be a licensed crematory manager, provided they obtain the necessary certification showing they understand relevant laws. You cannot act as or advertise as a hydrolysis facility manager without having both a crematory manager's license and the specific certification required. This law started taking effect on July 1, 2020.
Section § 7712.2
If you want to get a license to run a crematory in California, you must fill out a specific form provided by the bureau and send it to their main office. You also need to include the required fee and prove that you're either currently running a crematory or ready to start operating one.
Section § 7712.3
Section § 7712.4
This law states that a government bureau can ask for proof that a crematory meets all necessary laws and regulations. It won't give a crematory license until it's sure that the public will benefit from it operating.
Section § 7712.5
This law section says that when someone applies for a crematory license, the bureau sets and sometimes updates rules about what applicants need to know, their experience, and their financial responsibility. They can deny a license if the applicant or their associates have done certain disqualifying acts. If someone applies for a crematory license, the bureau can investigate the proposed crematory's plans, finances, and the character of those involved. They can also bring in witnesses and gather testimonies during this process. Applicants must pay a fee of $750 for the investigation, which could go up to $900 if needed to cover all costs.
Section § 7712.6
This law states that a crematory business in California must follow specific rules when cremating remains. They must have a written contract with the person in charge of the remains, detailing how, when, and where the remains will be handled and agreeing on the fees. The crematory can't keep remains for more than 24 hours without refrigeration or embalming. Also, they need a deal with a cemetery to take care of remains if they're not claimed or dealt with within 90 days after the person dies.
Section § 7712.7
If a crematory doesn't allow relatives or those responsible for the deceased to watch the cremation process, they must tell the person in charge of the deceased's remains in writing before any contract is signed.
Section § 7712.8
Crematories must keep detailed records as directed by the bureau to make sure they are following all laws about handling cremated remains. They also need to submit a yearly report to the bureau that outlines their activities, like how many cremations they performed and what happened to the remains, plus any other details the bureau asks for.
Section § 7712.9
If you run a crematory in California, you need to pay a yearly fee of $750 for each location. On top of that, for every cremation you do, you'll owe an extra $11.50 each quarter. All these fees are put into the Cemetery and Funeral Fund. Additionally, if you want to transfer the ownership of a crematory license, the person taking over must pay $750, which also goes into the same fund.
Section § 7713
This law requires crematories to always have a licensed crematory manager to oversee their operations. Each crematory must appoint a manager and notify the relevant bureau within 10 days of any changes. Crematories close to each other can request to share a manager. The appointed manager must supervise the crematory's operations and staff to make sure they follow all legal and health codes. If they fail to do so, they could face disciplinary action. Crematories can hire additional managers, but only one can be the main designated manager.
Section § 7713.1
This law details how to apply for a crematory manager license in California. To apply, you need to fill out a form provided by the bureau and pay a fee. Applicants must be at least 18 years old, have a high school diploma or equivalent, and be a California resident. They must not have committed crimes that would prevent them from getting a license and must meet training and experience requirements set by the bureau. Finally, to obtain the license, applicants must pass an examination given by the bureau.
Section § 7713.2
You can't say you're a crematory manager or act like one unless you have the right license from the bureau. Even with a license, a crematory manager must work at a licensed crematory or be an owner or officer of one to legally conduct business.
Section § 7713.3
This law makes it illegal for anyone to cremate human remains without having a current crematory license. Each time someone does a cremation without this license, it's considered a separate offense, and it's treated as a misdemeanor, which is a type of crime.