General ProvisionsRequirements for Burials

Section § 8113

Explanation

This section of the law applies to all types of cemeteries in California, whether public, private, or affiliated with religious or fraternal organizations. It states that the rules in this chapter override any conflicting rules set by any cemetery management entity, including cities, counties, cemetery districts, or private organizations.

(a)CA Health & Safety Code § 8113(a)  This chapter shall apply to all cemeteries, including, but not limited to, public cemeteries, private cemeteries, and cemeteries operated by religious organizations, or fraternal or beneficial associations or societies.
(b)CA Health & Safety Code § 8113(b)  This chapter shall supersede any conflicting rules or regulations established by any entity that manages or operates a cemetery in this state, including, but not limited to, a city, a county, a city and county, a public cemetery district, a cemetery authority, a private corporation, or any organization, association, or society managing or operating a cemetery.
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Section § 8113.1

Explanation

This law outlines the minimum burial depth requirements in California. Normally, vaults or caskets must be covered by at least 18 inches of dirt or turf. However, urns with cremated remains sealed with certain materials are exempt. For double burials, the top casket must be covered with at least 12 inches of dirt or turf. In cases of extreme hardship, the burial depth can be reduced to a minimum of 12 inches if requested by the next of kin or responsible person.

(a)CA Health & Safety Code § 8113.1(a)  Except as provided in subdivisions (b) and (c), there shall be no less than 18 inches of dirt or turf on top of all vaults or caskets as measured at the time of burial.
(b)CA Health & Safety Code § 8113.1(b)  Cremated remains placed in an urn or urn vault and covered with at least three-quarters of an inch of concrete, brass, granite, marble, or metal plate, affixed to the urn or urn vault shall be exempt from the requirement of subdivision (a).
(c)CA Health & Safety Code § 8113.1(c)  In the case of consensual double burials, the casket or vault that is on top shall be covered with at least 12 inches of dirt or turf as measured at the time of burial.
(d)CA Health & Safety Code § 8113.1(d)  In a case of extreme hardship, upon request of the next of kin or other person responsible for making the burial arrangements for the deceased, a burial of less than 18, but not less than 12 inches may be provided.
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Section § 8113.3

Explanation

This law section states that the rules in this chapter do not apply to certain types of burial structures like mausoleums and crypts, as long as they were designed to be placed without being covered by earth.

Additionally, vaults and lawn crypts that existed or were already sold before January 1, 1993, are not affected by these rules either.

(a)CA Health & Safety Code § 8113.3(a)  This chapter shall not apply to mausoleums, crypts, vaults, or other burial structures designed and constructed to be installed without an earthen cover.
(b)CA Health & Safety Code § 8113.3(b)  Preexisting and presold vaults and lawn crypts that were in place on January 1, 1993, or for which sales agreements have been executed prior to that date, shall not be subject to this chapter.
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Section § 8113.4

Explanation
Cemeteries have to cover the costs of reburial if they mistakenly bury remains in graves that are already taken or don't use enough covering material like turf or dirt, for burials after January 1, 1993.
Cemeteries shall be liable for the costs of reburial of any remains improperly interred in already occupied graves or interred with less than the amount of turf, dirt, or other covering, as required by this chapter, for burials occurring after January 1, 1993.
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Section § 8113.5

Explanation

This law says that you can't bury more than one body in a single grave or add remains to an already occupied grave without permission from the person who controls the disposition of the remains. If you break this rule, it's considered a crime.

The first offense, or a second one committed over a year after the first, is a misdemeanor and can lead to up to a year in county jail.

If the second offense happens within a year of the first, it can be treated as either a misdemeanor or a felony, with potential jail time. A third or further offense is treated as a felony and involves stricter penalties under another criminal statute.

(a)CA Health & Safety Code § 8113.5(a)  Except with the express written permission of the person entitled to control the disposition of the remains, or in the case of a double burial consented to by both parties, no person shall knowingly or willfully inter the remains of more than one body in a single plot, or place a casket or other human remains in an already occupied grave.
(b)CA Health & Safety Code § 8113.5(b)  Violation of subdivision (a) is a crime punishable as follows:
(1)CA Health & Safety Code § 8113.5(b)(1)  A first offense, or a second offense not committed within a year of the first, is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year.
(2)CA Health & Safety Code § 8113.5(b)(2)  A second offense committed within a year of the first offense is punishable as a misdemeanor or a felony by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.
(3)CA Health & Safety Code § 8113.5(b)(3)  A third or subsequent offense shall be punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
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Section § 8113.6

Explanation

This law states that if a cemetery breaks any rules laid out in this chapter, the Cemetery and Funeral Bureau can take disciplinary action against them.

Notwithstanding any other provision of law, any cemetery that violates any of the requirements of this chapter shall be subject to disciplinary action by the Cemetery and Funeral Bureau.
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Section § 8113.7

Explanation

This law states that the time limit for prosecuting someone for breaking Section 8113.5 starts when the violation is found out, not when it actually happened.

Notwithstanding any other provision of law, the statute of limitations for any individual’s criminal violation of Section 8113.5 shall begin to run at the time the violation is discovered.
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