ORS 692.275
Certificate of authority for operating cemetery, crematorium or facility for final disposition
- fees
- registration of certain cemeteries
- rules applicable to crematoriums
(1)
A person may not conduct the business of an operating cemetery unless the person has a certificate of authority to do so. A person may apply for a certificate of authority on a form provided by the State Mortuary and Cemetery Board. The application must be accompanied by the application fee established under ORS 692.160 (License, certificate and registration fees). However, any exempt operating cemetery is entitled to receive a certificate of authority to operate upon payment of an initial fee not to exceed $100 and a fee not to exceed $50 for registration of all principals regardless of the total number of principals. An exempt operating cemetery is not required to pay the renewal fee or the fee for any change in principal other than the cemetery manager.(2)
A cemetery, other than an operating cemetery or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS 97.782 (Listing of historic cemeteries), must be registered with the board. An owner of a cemetery, other than an operating cemetery or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS 97.782 (Listing of historic cemeteries), must register the cemetery with the board on a form provided by the board. No fee may be required of a cemetery registrant.(3)
A person may not operate a crematorium unless the person has a certificate of authority to do so. A person may apply for a certificate of authority to operate a crematorium on a form provided by the board. The application must be accompanied by the application fee established under ORS 692.160 (License, certificate and registration fees).(4)
A person may not operate a facility for final disposition of human remains other than a cemetery or a crematorium unless the person has a certificate of authority to do so. A person may apply for a certificate of authority on a form provided by the board. The application must be accompanied by an application fee established under ORS 692.160 (License, certificate and registration fees).(5)
For purposes of this section and ORS 692.025 (License required for funeral service practitioner, embalmer, death care consultant, funeral establishment operator, cemetery operator, crematory operator or alternative disposition facility), each location of a cemetery, crematorium or other facility for final disposition of human remains is a separate location and must be licensed separately. Those cemeteries that are subject to registration must be registered separately.(6)
The board may consider the recommendations of national associations:(a)
Related to cremation in adopting rules regulating crematoriums.(b)
Related to an alternative final disposition in adopting rules regulating the alternative final disposition.(7)
This section applies to operating cemeteries or other cemeteries owned by any city, county or other municipal corporation.(8)
The board may not subject an exempt operating cemetery to random inspections. [1985 c.207 §19; 1989 c.177 §11; 1991 c.542 §3; 1999 c.731 §11; 2001 c.224 §2; 2003 c.173 §10; 2007 c.436 §2; 2009 c.709 §5; 2021 c.296 §23](2)
A cemetery, other than an operating cemetery or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS 97.782 (Listing of historic cemeteries), must be registered with the board. An owner of a cemetery, other than an operating cemetery or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS 97.782 (Listing of historic cemeteries), must register the cemetery with the board on a form provided by the board. No fee may be required of a cemetery registrant.(3)
A person may not operate a crematorium unless the person has a certificate of authority to do so. A person may apply for a certificate of authority to operate a crematorium on a form provided by the board. The application must be accompanied by the application fee established under ORS 692.160 (License, certificate and registration fees).(4)
For purposes of this section and ORS 692.025 (License required for funeral service practitioner, embalmer, death care consultant, funeral establishment operator, cemetery operator, crematory operator or alternative disposition facility), each location of a cemetery or crematorium is a separate location and must be licensed separately. Those cemeteries that are subject to registration must be registered separately.(5)
The board may consider the recommendations of national associations related to cremation in adopting rules regulating crematoriums.(6)
A person may not operate a facility for final disposition of human remains other than a cemetery or a crematorium unless the person has a certificate of authority to do so. A person may apply for a certificate of authority on a form provided by the board. The application must be accompanied by an application fee established under ORS 692.160 (License, certificate and registration fees).(7)
This section applies to operating cemeteries or other cemeteries owned by any city, county or other municipal corporation.(8)
The board may not subject an exempt operating cemetery to random inspections.
Source:
Section 692.275 — Certificate of authority for operating cemetery, crematorium or facility for final disposition; fees; registration of certain cemeteries; rules applicable to crematoriums, https://www.oregonlegislature.gov/bills_laws/ors/ors692.html.
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