WSR 07-11-088

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed May 15, 2007, 4:15 p.m. , effective June 15, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Amended rule language brings existing rules into uniformity with SSB 5752, updates existing rules for clarity, brings rules of procedure for cremation into uniformity with chapter 308-47 WAC, Funeral directors and embalmers, and repeals two outdated rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 98-11-005, 98-15-020, and 98-16-020; and amending WAC 98-11-010, 98-12-020, 98-12-040, 98-14-010, 98-14-020, 98-14-080, 98-14-090, 98-14-100, 98-60-040, 98-70-010, 98-80-010, 98-80-020, 98-80-030, and 98-80-070; and new section WAC 98-12-050.

Statutory Authority for Adoption: RCW 68.05.105 and chapter 34.05 RCW.

Adopted under notice filed as WSR 07-04-070 on February 2, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 14, Repealed 3.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 14, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 14, Repealed 3.

Date Adopted: May 3, 2007.

May 15, 2007

Joe Vincent Jr.

Administrator

OTS-9500.1


AMENDATORY SECTION(Amending Order PM 830, filed 3/31/89)

WAC 98-11-010   Financial responsibility requirements for nonendowment care cemeteries.   Any cemetery authority (((as)) defined in RCW 68.04.190(() which desires)) desiring to obtain a certificate of authority to operate a cemetery (as required by RCW 68.05.115, 68.05.210, and 68.05.215), ((but which)) that does not deposit ((in an endowment care fund)) the minimum sum required by RCW 68.40.010 ((of)) in an endowment care ((cemetery)) fund shall be required by the cemetery board((, in the exercise of the powers conferred upon it by RCW 68.05.210, as a condition precedent to the granting of such certificate of authority,)) to present ((to the cemetery board)) satisfactory proof that the cemetery authority has((, at the time of its application for such certificate of authority or within a reasonable time prior thereto,)) a corporate net worth, determined by ((commonly accepted accounting standards and criteria)) generally accepted accounting principles, in excess of one hundred thousand dollars((: Provided, That nothing herein shall)). This section does not apply to ((any corporation, association, society or municipal corporation)) cemeteries referred to in RCW 68.05.400((: Provided further, That)). Any cemetery authority which is denied a ((certification)) certificate of authority ((under the provisions hereof,)) shall have the right to appeal ((from such)) the denial to the superior court of the county in which the cemetery authority is located or proposed to be located((, such appeal to)). Appeals must be taken within thirty days after the denial of the certificate of authority.

[Statutory Authority: RCW 68.05.105. 89-08-043 (Order PM 830), 98-11-010, filed 3/31/89; Order 72-1, 98-11-010, filed 9/8/72.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 98-11-005 Definition -- Section.

OTS-9501.1


AMENDATORY SECTION(Amending Order 104, filed 3/9/81)

WAC 98-12-020   Improved commercial or real estate income.   In determining the trust fund income for the purpose of RCW 68.44.020 and 68.44.170, an allowance for depreciation on the improved real estate will be used as a determining factor in computing fund income. ((The trustee shall deduct depreciation from the gross rents and transfer the amount into a fund for depreciation account. The fund may be reinvested with other endowment investments, or may be used to create a sinking fund within the endowment fund.)) The cemetery authority must document how depreciation is determined.

[Statutory Authority: RCW 68.05.100. 81-07-013 (Order 104), 98-12-020, filed 3/9/81.]


AMENDATORY SECTION(Amending Order 106, filed 1/5/83)

WAC 98-12-040   Records of endowment care funds.   Any cemetery authority maintaining an endowment care fund shall((, at all times,)) maintain a current accounting system in accordance with generally accepted accounting ((standards and)) principles. The system shall ((include, but not be limited to, all)) track sales, receipts, and disbursements and include the following:

(1) ((A general journal for journal entries: All original documents must be numbered with a reference number, check number, or contract number.

(2))) An individual contract or agreement with each individual purchasing a right of interment with reference numbering.

(((3) A sales register or journal showing the recording of all individual sales including date of sale, gross sales price of the interment right, consumer name, reference number to the original document, general ledger account number for postings, and amount payable to the endowment care fund.

(4) An individual account)) (2) A record ((which records the amount of the gross sales price of the right of interment,)) of:

Payments received and the amount due or paid to the endowment care fund.

(((5) A check register or cash disbursements journal which shall show payments to the endowment care fund by date and amount, name and reference number, and check number. In addition, a file of cancelled checks and/or money order receipts shall be maintained.

(6) Schedules or documentation reconciling to and showing the detail of each payment to the endowment care fund including date of payment, individual customer name, account and reference number of original document.

(7) A cash receipts journal which shall show receipts from individual customers as well as receipts from the endowment care fund and their proper disbursements to the maintenance accounts.

(8) Records of maintenance expenses.

(9) Where the directors of the cemetery authority act as trustees for its endowment care fund, the records of the endowment care fund shall be kept as separate records (reconciled quarterly) and shall consist of, but not be limited to, the following:

(a) A general ledger with all accounts numbered.

(b) Minute book.

(c) A separate account designated as the endowment care fund account through which receipts to the fund, disbursements to the investments of the fund and disbursements to the cemetery authority are transmitted.

(d) A portfolio listing of all investments or cash holdings of the fund.)) Reconciliation of payments to and from the fund.

All supporting bank and investment statements.

All records required to be maintained pursuant to this rule and Title 68 RCW, whether maintained manually or by computer, shall:

Be retained and available for inspection for a period of seven years ((and shall)).

Be ((in such form as to be)) understandable to the cemetery board examiner or other persons reasonably having cause to access them.

[Statutory Authority: RCW 68.05.100. 83-02-063 (Order 106), 98-12-040, filed 1/5/83.]


NEW SECTION
WAC 98-12-050   Endowment care trust fund contribution for additional rights of interment, entombment or inurnment.   A cemetery authority not exempt from this chapter must make a deposit to the endowment care fund, for additional rights of interment, entombment or inurnment, as required in RCW 68.40.010.

[]

OTS-9502.1


AMENDATORY SECTION(Amending Order CB 101, filed 10/17/75)

WAC 98-14-010   Definitions.   All definitions of chapter 68.46 RCW apply to this chapter of WAC. In addition, the following definition applies:

"Direct cost" for the purpose of chapter 68.46 RCW, direct cost includes actual labor cost and other costs associated with delivery of the service. For example: Direct cost of providing an opening and closing may include labor, materials, fuel, equipment maintenance, and a share of overhead including benefits and insurance.

[Order CB 101, 98-14-010, filed 10/17/75.]


AMENDATORY SECTION(Amending Order CB 101, filed 10/17/75)

WAC 98-14-020   Itemization of charges.   In addition to all other requirements of the law relating to consumer contracts, ((all)) prearrangement contracts must have:

A specific itemization of charges and descriptions for each merchandise or service to be furnished or delivered ((including, but not limited to,)).

An itemization of services to be performed on delivered merchandise such as((, but not limited to,)) marker installation and care. ((There shall be a special))

An itemization of charges and descriptions for each grave niche or crypt sold ((in connection with any prearrangement contract)).

[Order CB 101, 98-14-020, filed 10/17/75.]


AMENDATORY SECTION(Amending WSR 02-19-018, filed 9/9/02, effective 10/10/02)

WAC 98-14-080   Development plan for unconstructed, undeveloped property.   Any cemetery authority selling undeveloped graves, unconstructed crypts or niches in accordance with chapter 68.46 RCW must make available to the purchaser at the time the prearrangement contract is signed((,)).

A statement of estimated time schedule of the development or construction.

((Such)) Estimated time schedule((s, or modifications of them, will also)) must:

Be submitted to the cemetery board annually with the financial reports required by RCW 68.46.090 ((and)).

Be made available to holders of prearrangement contracts affected by the development or construction in the offices of the cemetery authority.

A cemetery authority must maintain an equivalent inventory of constructed crypts, niches and developed graves, equal to ten percent of the unconstructed crypts, niches and undeveloped graves sold through prearrangement contracts. The equivalent inventory must be located within the cemetery or an adjacent cemetery under common ownership.

Trust fund deposits required for the prearrangement contract sales of undeveloped property, will be in accordance with RCW 68.46.030.

[Statutory Authority: RCW 68.05.100. 02-19-018, 98-14-080, filed 9/9/02, effective 10/10/02; 83-02-063 (Order 106), 98-14-080, filed 1/5/83.]


AMENDATORY SECTION(Amending Order PM 830, filed 3/31/89)

WAC 98-14-090   Records of prearrangement trust funds.   Any cemetery authority maintaining a prearrangement trust fund shall((, at all times,)) maintain a current accounting system in accordance with generally accepted accounting ((standards and)) principles. The system shall track sales, receipts and disbursements and include((, but not be limited to, all of)) the following:

(1) An individual contract or agreement with each individual establishing a prearrangement trust agreement.

(2) ((A sales register or journal showing the recording of all individual sales including date of sale, gross sales price, and detail of items sold.

(3) An individual account)) A record ((which records the amount of the prearrangement agreement, all)) of payments received((,)) and the amount due or paid to the prearrangement trust fund ((and the distribution of payments received to the prearrangement trust fund or the cemetery authority in accordance with the method then allowed by the cemetery authority's prearrangement license.

(4) A cash receipts journal which shall show each payment received from individual customers.

(5) Schedules or documentation reconciling to and showing detail of each payment to and withdrawal from the prearrangement trust fund including date of payment, individual customer name, and amounts.

(6) Schedules and documentation showing detail of prearrangement trust fund asset management, renewal (rollover), and earnings. When assets are held in instruments that return a mix of principal and earnings throughout the period of holding, schedules shall be maintained reconciling principal to opening deposit)).

(3) Reconciliation of payments to and from the fund.

(4) All supporting bank and investment statements.

All records required to be maintained pursuant to this rule and Title 68 RCW, whether maintained manually or by computer, shall:

Be retained and available for inspection for a period of seven years ((and shall)).

Be ((in such form as to be)) understandable to the cemetery board examiner or other persons reasonably having cause to access them.

[Statutory Authority: RCW 68.05.105. 89-08-043 (Order PM 830), 98-14-090, filed 3/31/89. Statutory Authority: RCW 68.05.100. 83-02-063 (Order 106), 98-14-090, filed 1/5/83.]


AMENDATORY SECTION(Amending Order PM 830, filed 3/31/89)

WAC 98-14-100   Qualifications of applicant for prearrangement sales license.   To qualify as an applicant for a prearrangement sales license as set forth in RCW 68.05.155 and 68.46.150, applicant must hold a valid((, subsisting,)) and unsuspended certificate of authority to operate a cemetery ((in this state)) issued by the Washington state cemetery board.

[Statutory Authority: RCW 68.05.105. 89-08-043 (Order PM 830), 98-14-100, filed 3/31/89.]

OTS-9503.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 98-15-020 Endowment care trust fund contribution for additional rights of interment, entombment or inurnment.

OTS-9504.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 98-16-020 Hybrid unit as funeral merchandise or services.

OTS-9505.1


AMENDATORY SECTION(Amending WSR 93-07-040, filed 3/12/93, effective 4/12/93)

WAC 98-60-040   Records and documentation.   (1) Permit and endorsement holders must provide a Certificate of Disposition of Cremated Remains to the person authorizing the cremation or disposition. The certificate shall identify:

The name of the deceased((,)).

The location and date of the disposition of the cremated remains((,)).

The manner of disposition (boat, air, or other)((,)).

The name of the authorizing agent((, and, if applicable,)).

The name of the funeral home, crematory, or cemetery arranging the service, if applicable.

(2) Permit and endorsement holders must:

Maintain copies of records required under subsection (1) of this section for seven years from the date of disposition ((and such)).

Make records ((shall be subject to)) available for inspection by the board.

(3) Permit and endorsement holders shall report the number of dispositions performed in the previous year ((in the space provided)) on the annual renewal form supplied by the department. Failure to provide such a report shall automatically suspend the permit or endorsement. Such permit or endorsement may be restored by making the proper report to the department.

[Statutory Authority: RCW 68.05.100. 93-07-040, 98-60-040, filed 3/12/93, effective 4/12/93.]

OTS-9506.1


AMENDATORY SECTION(Amending WSR 03-11-020, filed 5/12/03, effective 6/30/03)

WAC 98-70-010   Fees.   The following fees shall be charged by the professional licensing division of the department of licensing:


Title of Fee Fee
Certificate of authority
Application $300.00
Renewal $3.20
Charge per each interment, entombment and inurnment during preceding calendar year
Crematory license/endorsement
Application $140.00
Renewal
$3.20 per cremation performed during the preceding calendar year
Prearrangement sales license
Application $140.00
Renewal $70.00
Exemption from prearrangement sales license
Application $70.00
Renewal $35.00
Cremated remains disposition permit or endorsement
Application $70.00
Renewal $35.00

[Statutory Authority: RCW 68.05.205, 68.05.225, and 43.24.086. 03-11-020, 98-70-010, filed 5/12/03, effective 6/30/03; 99-16-079, 98-70-010, filed 8/3/99, effective 9/3/99; 98-19-053, 98-70-010, filed 9/15/98, effective 10/16/98. Statutory Authority: RCW 68.05.105. 97-23-010, 98-70-010, filed 11/7/97, effective 12/8/97. Statutory Authority: RCW 68.05.100. 94-01-117, 98-70-010, filed 12/17/93, effective 1/17/94; 93-07-041, 98-70-010, filed 3/12/93, effective 4/12/93. Statutory Authority: RCW 68.05.215. 89-06-074 (Order PM 816), 98-70-010, filed 3/1/89. Statutory Authority: RCW 68.05.100 as amended by 1985 c 402 8. 85-19-012 (Order 108), 98-70-010, filed 9/6/85. Statutory Authority: RCW 68.05.100 and 68.05.230. 83-24-010 (Order 107), 98-70-010, filed 11/29/83. Statutory Authority: RCW 68.05.100, 68.05.230 and 68.46.180. 81-24-026 (Order 105), 98-70-010, filed 11/24/81.]

OTS-9507.2


AMENDATORY SECTION(Amending WSR 02-19-018, filed 9/9/02, effective 10/10/02)

WAC 98-80-010   Definitions.   (1) "Authorizing agent" means the person(s) legally entitled to control the disposition of the human remains.

(2) (("Crematory" the building or area of a building that houses a cremation chamber, to be used for the cremation of human remains.

(3))) "Crematory authority or endorsement" the legal entity and their authorized representatives, licensed to perform cremations.

(((4))) (3) "Cremation chamber" means the enclosed space in a crematory in which the cremation process takes place.

(((5) "Cremation" means the reduction of human remains to bone fragments, in a crematory, by means of incineration.

(6) "Cremated human remains" means the end products of cremation.

(7))) (4) "Pulverization" is the reduction of identifiable bone fragments to unidentifiable dimensions by manual or mechanical means following cremation.

(((8))) (5) "Processing" is the removal of foreign objects from cremated human remains and may include pulverization.

(((9))) (6) "Cremation container" means the container in which the human remains must be enclosed before being placed in the cremation chamber for cremation. A cremation container must:

Be composed of a combustible material. If the remains are delivered to a crematory in a noncombustible container, the authorizing agent must be informed of the disposition of the container, if the container is not actually used in the cremation process. Any transfer of human remains to combustible containers at the crematory must be in accordance with chapter 18.39 RCW, TITLE 308 WAC, and applicable public health laws.

Be rigid enough for placement into the cremation chamber.

Assure protection to the health and safety of the crematory operators and others.

Provide a proper covering for the human remains.

Be resistant to leakage or spillage of body fluids.

(((10))) (7) "Sealable container" means any container in which cremated human remains can be placed and closed to prevent leakage or spillage of cremated human remains.

(((11))) (8) "Holding facility" means an area designated for the care, storage and holding of human remains prior to disposition. A holding facility must:

Comply with any applicable public health laws.

Preserve the dignity of the human remains.

Recognize the personal integrity, health and safety of employees and others.

Be secure from access by anyone other than authorized personnel.

(((12) "Human remains" means the body of a deceased person.

(13))) (9) "Cadaver" means ((the body of a deceased person,)) human remains or any part thereof, which has been donated to science for medical research purposes.

(((14))) (10) "Body parts" means limbs and other portions of human anatomy that have been removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy or medical research.

(((15))) (11) "Commingling" means the mixing of cremated human remains of more than one deceased person.

(((16))) (12) "Residue" means the cremation products that may unavoidably remain in the cremation chamber after manual sweeping techniques are performed.

[Statutory Authority: RCW 68.05.100. 02-19-018, 98-80-010, filed 9/9/02, effective 10/10/02.]


AMENDATORY SECTION(Amending WSR 02-19-018, filed 9/9/02, effective 10/10/02)

WAC 98-80-020   Identification of human remains.   A crematory must not take custody of unidentified human remains. Before accepting human remains, the crematory must verify that identification is attached to the cremation container. Upon accepting human remains for cremation, the crematory must make a permanent record of the following:

Name of deceased.

Date of death.

Place of death.

Name and relationship of authorizing agent.

Name of firm engaging crematory services.

Description of the cremation container to be consumed with the human remains.

An identification number assigned each human remains and inscribed on a metal disc or metal tag. The metal identification disc or tag must identify the crematory and accompany the human remains through each phase of the cremation, processing and packaging. The disc or tag identification number must be recorded on all paperwork regarding a human remains ((and in the crematory log)).

[Statutory Authority: RCW 68.05.100. 02-19-018, 98-80-020, filed 9/9/02, effective 10/10/02.]


AMENDATORY SECTION(Amending WSR 02-19-018, filed 9/9/02, effective 10/10/02)

WAC 98-80-030   Holding human remains for cremation.   (1) A crematory must not accept and hold human remains for cremation unless the human remains are contained in a cremation container.

(2) A crematory must not accept human remains in a cremation container having evidence of body fluid leakage.

(3) Human remains that are not embalmed must be held only within a mechanically or commercially acceptable refrigerated facility of adequate capacity, with a maximum temperature of 48 degrees Fahrenheit, or in compliance with applicable public health regulations.

[Statutory Authority: RCW 68.05.100. 02-19-018, 98-80-030, filed 9/9/02, effective 10/10/02.]


AMENDATORY SECTION(Amending WSR 02-19-018, filed 9/9/02, effective 10/10/02)

WAC 98-80-070   Disposition of cremated human remains.   (1) A crematory must keep a permanent record of all cremations performed and the disposition or release of the cremated human remains. The record must include the following information:

Date of death.

Date burial transit permit was issued.

Date of delivery of human remains to the crematory.

Date of cremation.

Name of crematory operator performing the cremation.

Name of person performing packaging, and date of packaging.

Date of release ((or date of disposition)) of the cremated human remains and the name of the individual(s) to whom the cremated human remains were released; or

Date of disposition of the cremated human remains.

(2) When cremated human remains have been in the possession of a crematory, funeral establishment or cemetery for a period of ((two years)) ninety days or more, the entity holding the cremated human remains may arrange for disposition in any legal manner, provided the entity:

Attempts to contact the authorizing agent for disposition instructions by registered mail.

Informs the authorizing agent(s) of the procedures that will be followed if disposition instructions are not received.

Informs the authorizing agent(s) that disposition will take place if disposition instructions are not received within sixty days of initiation of the contact process.

Informs the authorizing agent(s) that recovery of the cremated human remains, after the disposition, may or may not be possible.

Maintains a permanent record of the location of the disposition.

(3) No entity making disposition of cremated human remains under subsection (2) of this section will be liable for the disposition or nonrecoverability of cremated human remains.

[Statutory Authority: RCW 68.05.100. 02-19-018, 98-80-070, filed 9/9/02, effective 10/10/02.]

Washington State Code Reviser's Office