§ 1517. Crematory operations.\n Cemetery corporations that operate a crematory shall have the\nfollowing duties and obligations:\n (a) Maintenance and privacy. (1) A crematory facility shall be\nmaintained in a clean, orderly, and sanitary manner, with adequate\nventilation and shall have a temporary storage area available to store\nthe remains of deceased human beings pending disposition by cremation,\nthe interior of which shall not be accessible to the general public.\n (2) Entrances and windows of the crematory facility shall be\nmaintained at all times to secure privacy, including (i) doors shall be\ntightly closed and rigid; (ii) windows shall be covered; and (iii)\nentrances shall be locked and secured when not actively attended by\nauthorized crematory personnel.\n (b) Cremation process. (1) The cremation process shall be conducted in\nprivacy. No person except authorized persons shall be admitted into the\nretort area, holding facility, or the temporary storage facility while\nthe remains of deceased human beings are being cremated. Authorized\npersons, on admittance, shall comply with all rules of the crematory\ncorporation and not infringe upon the privacy of the remains of deceased\nhuman beings.\n (2) The following are authorized persons: (i) licensed, registered\nfuneral directors, registered residents, and enrolled students of\nmortuary science; (ii) officers and trustees of the cemetery\ncorporation; (iii) authorized employees or their authorized agents of\nthe cemetery corporation; (iv) public officers acting in the discharge\nof their duties; (v) authorized instructors of funeral directing\nschools; (vi) licensed physicians or nurses; and (vii) members of the\nimmediate family of the deceased and their authorized agents and\ndesignated representatives.\n (c) Identification of deceased human beings. (1) No crematory shall\ncremate the remains of any deceased human being without the accompanying\ncremation permit, required pursuant to section four thousand one hundred\nforty-five of the public health law which permit shall constitute\npresumptive evidence of the identity of the said remains. In addition,\nall crematories situated outside the city of New York, must comply with\nparagraph (b) of subdivision two of section four thousand one hundred\nforty-five of the public health law pertaining to the receipt for the\ndeceased human being. From the time of such delivery to the crematory,\nuntil the time the crematory delivers the cremains as directed, the\ncrematory shall be responsible for the remains of the deceased human\nbeing. Further, a cremation authorization form must accompany the permit\nrequired in section four thousand one hundred forty-five of the public\nhealth law. This form, provided or approved by the crematory, must be\nsigned by the next of kin or authorizing agent attesting to the\npermission for the cremation of the deceased, and disclosing to the\ncrematory that such body does not contain a battery, battery pack, power\ncell, radioactive implant, or radioactive device, if any, and that these\nmaterials were removed prior to the cremation process.\n (2) Upon good cause being shown rebutting the presumption of the\nidentity of such remains, the cremation shall not commence until\nreasonable confirmation of the identity of the deceased human being is\nmade. This proof may be in the form of, but not limited to, a signed\naffidavit from a licensed physician, a member of the family of the\ndeceased human being, the authorizing agent or a court order from the\nstate supreme court within the county of the cemetery corporation. Such\nproof shall be provided by the authorizing agent.\n (3) The crematory shall have a written plan to assure that the\nidentification established by the cremation permit accompanies the\nremains of the deceased human being through the cremation process and\nuntil the identity of the deceased is accurately and legibly inscribed\non the container in which the cremains
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