§ 1502 — Definitions

New York § 1502

• Jurisdiction: New York
• Law NPC: Not-for-Profit Corporation
• Art. 15: Public Cemetery Corporations

Text

§ 1502. Definitions. As used in this article:\n (a) The term "cemetery corporation" means any corporation formed under\na general or special law for the disposal or burial of deceased human\nbeings, by cremation, natural organic reduction or in a grave,\nmausoleum, vault, columbarium or other receptacle but does not include a\nfamily cemetery corporation or a private cemetery corporation.\n (b) The term "lot owner" or "owner of a lot" means any person having a\nlawful title to the use of a niche, crypt, lot, plot or part thereof, in\na cemetery, mausoleum or columbarium.\n (c) The term "cemetery board" means the cemetery board in the division\nof cemeteries in the department of state.\n (d) A public mausoleum, crematory, natural organic reduction facility\nor columbarium shall be included within the term "cemetery".\n (e) The sale of a lot, plot or part thereof, grave, niche or crypt\nshall mean the sale of the right of use thereof for burial purposes.\n (f) The term "monuments" means a memorial erected in a cemetery on a\nlot, plot or part thereof, except private mausoleums.\n (g) The term "interment" means the permanent disposition of human\nremains by inurnment, entombment or ground burial.\n (h) The term "cremation" means the technical process, using heat and\nflame, that reduces human remains to ashes and other residue.\n"Cremation" shall include the processing, and may include the\npulverization, of such ashes and other residue.\n (i) The term "cremains" means ashes and other residue recovered after\nthe completion of cremation, which may include residue of foreign matter\nthat may have been cremated with the human remains.\n (j) The term "alternative container" or "external wrappings" means a\nnonmetal receptacle or enclosure, without ornamentation or a fixed\ninterior lining, which is designed for the encasement of human remains\nand which is made of cardboard, pressed wood, composite materials (with\nor without an outside covering), or pouches of canvas or other material.\n (k) The term "casket" means a rigid container that is designed for the\nencasement of human remains and customarily ornamented and lined with\nfabric.\n (l) The term "crematory" means a facility or portion of a building in\nwhich the remains of deceased human beings are processed by cremation.\n (m) The term "holding facility" or "temporary storage facility" means\nan area that (i) is designated for the retention of human remains prior\nto cremation or natural organic reduction; (ii) complies with all\napplicable public health laws, (iii) preserves the health and safety of\nthe crematory or natural organic reduction facility personnel; and (iv)\nis secure from access by anyone other than authorized persons. The\ninterior of such facility shall not be visible from any area accessible\nto the general public.\n (n) The terms "cremation permit" and "natural organic reduction\npermit" mean the burial and removal permit required pursuant to section\nforty-one hundred forty-five of the public health law that is annotated\nfor disposition of the remains of a deceased human being by cremation or\nnatural organic reduction.\n (o) The terms "cremation authorization" and "natural organic reduction\nauthorization" mean the crematory or natural organic reduction form\nauthorizing a cremation or natural organic reduction which is signed by\nthe next of kin or authorizing agent. This crematory or natural organic\nreduction form must be a separate document and cannot be a part of\nanother form or document.\n (p) The term "authorizing agent" shall mean the person with the right\nto control the disposition of the decedent pursuant to section forty-two\nhundred one of the public health law.\n (q) The term "pet cremated remains" means ashes and/or other residue\nrecovered after the completion of cremation of any domestic animal that\nhas been adapted or tamed to live in intimate association with people\nwhere such cremation has occurred at a pet crematorium as defined in\nsection seven hundred fifty-a of the general business law.\n (r) The term "nonsectarian burial society" means a corporation or\nunincorporated association or society having among its activities or its\nformer activities the provision of burial benefits for its members and\nnot supervised or controlled by a religious corporation.\n (s) The term "religious burial society" means a corporation or\nunincorporated association or society having among its activities or its\nformer activities the provision of burial benefits for its members and\nsupervised or controlled by a religious corporation.\n (t) The term "natural organic reduction" means the contained,\naccelerated conversion of human remains to soil.\n (u) The term "natural organic reduction facility" means a structure,\nroom, or other space in a building or real property where natural\norganic reduction of a human body occurs.\n