Cemetery and Funeral Bureau of California

After seeing this posted at Roselawn Cemetery in Livermore, I was curious as to who governed and what regulations were set for cemeteries.

In California, the Cemetery and Farm Bureau does compliance inspections of cemeteries. The full content of the laws and regulations can be found at their website here.

This organization lists some of the most common violations. I found most of these to be straight forward and common sense, basic issues, but I also found some of these to be quite interesting.

Here is their list~


Ownership and Management:

2326.5 Failure to obtain approval to share a cemetery manager

8585(A) Maintaining/operating a cemetery which has not been licensed by the Bureau

9723(a)(A) Failure to designate a licensed cemetery manager

9723(a)(B) Failure to notify the Bureau of a change in the designated manager

9723.2(a) Failure of the designated cemetery manager to hold a current, unexpired license


FACILITY/PROPERTY:

2336(A) Failure to prominently post non-endowment care signs in applicable sections of the cemetery

2336(B) Failure to post non-endowment care signs of at least 16 by 24 inches and/or in an upright position

2336(C) Failure to post non-endowment care signs that contain the words "nonendowment care section" and/or in black letters at least 4 inches high

2336(D) Failure to post non-endowment care signs that state "this section is nonendowment care interment property" and/or in black letters
at least 1 1/4 inches high

8113.1 Failure to have at least 18 inches of dirt or turf on top of all vaults or caskets (for consensual double burials, the vault or casket
on top must be covered with at least 12 inches of dirt or turf) at the time of burial

8341 Failure to inter cremated remains within one year of obtaining possession of them (without a written contract)

8550(A) Failure to have accurate plot maps showing sections, plots, avenues, walks or other subdivisions with descriptive names or numbers

8550(B) Failure to file amended maps/plats with the county recorder or local agency for development of new sections or modifications of
existing sections after January 1, 1990

8585(B) Failure to post at all public entrances, the current name and address of the cemetery, a statement that the names of the officers/directors
can be obtained from the Bureau, and the Bureau's address or a statement that the Bureau's address is available at the cemetery office

8585(C) Failure to post signs required at all public entrances that are at least 16 by 24 inches, prominently mounted upright and vertical

8741 Failure to conspicuously post endowment care signs at or near the cemetery entrances and its administration building

8741(a) Failure to post legible endowment care signs that contain the heading "endowment care" in letters at least 1 inch high

8741(b) Failure to post endowment care signs with the statement "this is an endowment care interment property" after the heading


LICENSES:

119(f) Displaying a photocopy of a license

164 Failure to post license(s) in public view

9676 Unlicensed practice as a cemetery broker/salesperson

9709(A) Failure to prominently display the cemetery broker's license in the office of the broker

9709(B) Failure to prominently display the cemetery salesperson license(s) in the office of the broker

9768 Making interments without a valid, unexpired certificate of authority


CONTRACTS AND DISCLOSURES:

2336(E ) Failure to have a heading on all contracts and literature pertaining to non-endowment care property that contains the phrase
"The property described herein is NONENDOWMENT CARE Interment Property."

2336(F ) Failure to have the heading on all contracts and literature pertaining to non-endowment care property in ten-point boldface type
and/or the words "NONENDOWMENT CARE" in capital letters

2339.1(A) Failure to have the required disclosure on contracts for prearranged cemetery services or commodities when the price may be modified
at the time of delivery

2339.1(B) Failure to have the required disclosure on contracts in ten-point boldface type for prearranged cemetery services or commodities
when the price may be modified at the time of delivery

8276(A) Failure to charge uniform prices for the foundation, setting, permitting the setting of, or for endowment care of grave markers
or monuments regardless of whether or not the marker or monument was sold by the cemetery or another business

8276(B) Failure to separately state on the contract the charges for a marker, monument, foundation, setting, permitting the setting of,
and/or the endowment care deposit

8277(A) Failure to have a written contract that contains all agreements of the parties, total contract price, terms of payment, and an itemized
statement of all charges, including charges for interment plot; burial, entombment, or inurnment; monument or marker; religious or other
observance; amounts deposited into endowment or special care fund; insurance; space and location sold; and any other charges
which must be particularized

8278(A) Failure to have a contract with specified language to allow the purchaser to cancel the transaction within five calendar days

8278(B) Failure to have the specified language in the cancellation clause in at least ten-point boldface type

8309 Failure to have cemetery rules and regulations plainly written and/or maintained at the cemetery

8330 Failure to maintain records of all interments

8331 Failure to maintain records of ownership for all plots that have been sold

9662(A) Failure to have the Bureau contact information on the first page of any contract for goods and services

9662(B) Failure to have the Bureau contact information on the first page of any contract for goods and services in eight-point boldface type

9663(b) Failure to make available to consumers a copy of the Consumer Guide to Funeral and Cemetery Purchases

9663(c) Failure to provide consumer with a copy of the Bureau’s Consumer Guide prior to drafting a contract


FILE AUDIT:

7054.7(a)(3)(A) Converting single use graves to multiple use graves without the written consent of the person(s) with the right to control disposition

7055(A) Failure to obtain a permit for disposition of human remains

7055(B) Failure to obtain a removal permit for the disinterment of human remains when remains are being removed from the cemetery

7111 Failure to obtain authorization for interment from the person with the right to control disposition

7525 Failure to obtain written consent from the person with the right to control disposition for a disinterment

8277(B) Providing services or merchandise, or selling cemetery plots, without an executed contract

8738 Failure to collect at least the minimum amounts for endowment care

9684 Failure of a cemetery broker/salesperson to include in any advertising a statement that he/she is acting as a cemetery broker
or cemetery salesperson

The Bureau issues administrative citations and fines under California Code of Regulations (CCR) § 2382. Business and
Professions Code (BPC) § 125.9 authorizes the Bureau to issue administrative citations and assess fines up to $5,000 for
violations of the CCR, BPC, and HSC. Citations may include orders of abatement with additional terms and conditions of
compliance. More than one violation may be contained in each section of law, and a citation can include a fine assessment for
each violation. Administrative fines range from $50 to $1500 and can be assessed for each violation.