§ 35-8-402 — Regulations and specifications generally; application to certain columbariums

(a) No person, firm, partnership, association, company or
corporation shall construct any community vault, crypt,
columbarium or mausoleum, wholly or partially above the surface
of the ground, to be used to contain the body or remains of any
dead human being unless the same shall be located within the
confines of an established cemetery containing not less than
five (5) acres, which cemetery shall have been in existence and
operation for a period of at least five (5) years immediately
preceding the time of the erection thereof, nor until plans and
specifications therefor shall be approved by the state board of
health [department of health]. Such plans and specifications
shall set forth the sections, halls, rooms, corridors, elevators
or other subdivisions thereof, with their descriptive names and
numbers, and shall provide:
(i) That such structure be so arranged that any
vault, cell, niche or crypt may be readily examined at any time
by any person authorized by law to do so;
(ii) That suitable provision be made for permanently
sealing each crypt or cell after the placing of any body
therein, and in such manner that no fluid may escape therefrom;
(iii) That the foundation shall extend below the
frost line and shall be of reinforced construction;
(iv) That the exterior walls and roof shall be
constructed of granite, marble, slate, sandstone, limestone,
concrete block masonry or any other material of similar
properties that achieves structural integrity and designed to be
structurally sound and to withstand exterior weathering;
(v) That exterior doors shall be constructed of
granite, marble, slate, sandstone or limestone, bronze or
aluminum alloys or any other material or alloy of similar
properties;
(vi) That interiors shall be constructed of granite,
marble, slate, sandstone, limestone, concrete or any other
material of similar properties that achieves structural
integrity;
(vii) That the structure shall contain adequate
provision for drainage and ventilation;
(viii) That the structure shall be so constructed as
to insure its beauty, durability and permanence, as well as the
safety, convenience, comfort and health of the community in
which it is located, as dictated and determined at the time by
modern mausoleum construction and engineering science.
(b) The person making application shall file a certificate
of such approval, signed by the state health officer, with a
copy of such plans and specifications, in the office of the
county clerk of the county wherein such structure is to be
erected, and such clerk shall retain the same on file. No crypt,
room or niche in any community mausoleum, columbarium or
structure shall be sold or offered for sale until such structure
shall be entirely completed.
(c) This act shall not apply to any columbarium owned by
or for a church if it is less than one-half (1/2) acre in size
and is located immediately contiguous to or is part of the
church facility and is perpetually cared for. If the church
relocates, it shall relocate all urns and remains placed within
the columbarium. Any violation of this subsection is subject to
the penalty imposed under W.S. 35-8-407.