§ 523I.305 — Memorials and memorialization

Iowa § 523I.305

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 523I: IOWA CEMETERY ACT

Text

1. Authorization. A cemetery is entitled to determine whether a person requesting
installation of a memorial is authorized to do so, to the extent that this can be determined
from the records of the cemetery, as is consistent with the cemetery’s rules. The owner of an
interment space or the owner’s agent may authorize a memorial dealer or independent third
party to perform all necessary work related to preparation and installation of a memorial.
2. Conformity with cemetery rules. A person selling a memorial shall review the rules of
the cemetery where the memorial is to be installed to ensure that the memorial will comply
with those rules prior to ordering or manufacturing the memorial.
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3. Specifications. Upon request, a cemetery shall provide reasonable written
specifications and instructions governing installation of memorials, which shall apply
to all installations whether performed by the cemetery or another person. The written
specifications shall include provisions governing hours of installation or any other relevant
administrative requirements of the cemetery. A copy of these specifications and instructions
shall be provided upon request, without charge, to the owner of the interment space, next
of kin, or a personal representative or agent of the owner, including the person installing
the memorial. The person installing the memorial shall comply with the cemetery’s written
installation specifications and instructions. In order to verify that a memorial is installed on
the proper interment space in accordance with cemetery rules and regulations, the cemetery
shall mark the place on the interment space where the memorial is to be installed and shall
inspect the installation when completed. This subsection shall not be construed to require
that a cemetery lay out or engineer an interment space for the installation of a memorial. A
cemetery shall not adopt or enforce any rule prohibiting the installation of a memorial by a
memorial dealer or independent third party, unless the rule is applicable to all memorials
from whatever source obtained and enforced uniformly for all memorials installed in the
cemetery.
4. Written notice. A memorial dealer or independent third party shall provide the
cemetery with at least seven business days’ prior written notice of intent to install a memorial
at the cemetery, or such lesser notice as the cemetery deems acceptable. The notice shall
contain the full name, address, and relationship of the memorial’s purchaser to the person
interred in the interment space or the owner of the interment space, if different. The notice
shall also contain the color, type, and size of the memorial, the material, the inscription, and
the full name and interment date of the person interred in the interment space.
5. Preparation and installation.
a. A person installing a memorial shall be responsible to the cemetery for any damage
caused to the cemetery grounds, including roadways, other than normal use during
installation of the memorial.
b. Installation work shall cease during any nearby funeral procession or committal
service.
c. Installation work shall be done during the cemetery’s normal weekday hours or at such
other times as may be arranged with the cemetery.
d. A memorial must comply with the cemetery’s rules. In the event of noncompliance, the
person installing a memorial is responsible for removal of the memorial and shall pay any
reasonable expenses incurred by the cemetery in connection with the memorial’s removal.
e. Thecemeteryshall, withoutcharge, provideinformationasdescribedonthecemetery’s
map or plat necessary to locate the place where a memorial is to be installed and any other
essential information the person installing the memorial needs to locate the proper interment
space.
f. A person installing a memorial shall follow the cemetery’s instructions regarding the
positioning of the memorial.
g. During the excavation, all sod and dirt shall be carefully removed with no sod or dirt
left on the interment space except the amount needed to fill the space between the memorial
and the adjacent lawn.
h. A person installing a memorial shall carefully fill in any areas around the memorial
with topsoil or sand, in accordance with the cemetery’s written instructions.
i. A person installing a memorial shall remove all equipment and any debris which has
accumulated during installation of the memorial.
j. Apersoninstallingamemorialshallchecktoseeifanyadjacentmemorialshavebecome
soiled or dirty during installation of the memorial and, if so, clean the adjacent memorials.
k. If the person who is installing a memorial damages any cemetery property, the person
shall notify the cemetery immediately. The person installing the memorial shall then repair
the damage as soon as possible, upon approval by the cemetery. The cemetery may require
a person installing a memorial to provide current proof of workers’ compensation insurance
as required by state law and current proof of liability insurance, sufficient to indemnify
the cemetery against claims resulting from installation of the memorial. Proof of liability
§523I.305, IOWA CEMETERY ACT 14
insurance in an amount of one million dollars or more shall preclude the cemetery from
requiring a person installing a memorial to obtain a performance bond.
l. Ifacemeteryhasanoffice, apersoninstallingamemorialshallimmediatelyleavenotice
at the cemetery office when the memorial has been installed and all work related to the
installation is complete.
6. Inspection. A cemetery may inspect the installation site of a memorial at any time. If
the cemetery determines that cemetery rules are not being followed during the installation,
the cemetery may order the installation to stop until the infraction is corrected. The cemetery
shall provide written notice to the installer as soon as possible if the cemetery believes that
any of the following have occurred:
a. The memorial has not been installed correctly.
b. The person installing the memorial has damaged property at the cemetery.
c. Other cemetery requirements for installation have not been met, such as removal of
debris or equipment.
7. Location and service charge. A cemetery may charge a reasonable service charge for
allowing the installation of a memorial purchased or obtained from and installed by a person
other than the cemetery or its agents. This service charge shall be based on the cemetery’s
actual labor costs, including fringe benefits, of those employees whose normal duty is to
inspect the installation of memorials, in accordance with generally accepted accounting
practices. General administrative and overhead costs and any other functions not related to
actual inspection time shall be excluded from the service charge.
8. Faulty installation. If a memorial sinks, tilts, or becomes misaligned within twelve
months of its installation and the cemetery believes the cause is faulty installation, the
cemetery shall notify the person who installed the memorial in writing and the person who
installed the memorial shall be responsible to correct the damage, unless the damage is
caused by inadequate written specifications and instructions from the cemetery or acts of
the cemetery and its agents or employees, including but not limited to running a backhoe
over the memorial, carrying a vault or other heavy equipment over the memorial, or opening
or closing an interment space adjacent to the memorial.
9. Perpetual care. A cemetery may require contributions from the purchaser of a
memorial for perpetual care, if a perpetual care fund deposit is uniformly charged on every
memorial installed in the cemetery.