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Flashcards in Mortuary Law Exam 3 Deck (103)
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1

a fixed place of business used in the care and preparation for the funeral and/or disposition of dead human bodies

funeral establishment

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authorizes licensing and regulating of funeral directors and funeral establishments

police power of the state and local government

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Funeral service establishments Restrictions:

OrdinancesBuilding codesCovenants NuisanceRegulatory specifications

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Laws passed by a municipal governing body such as town or city, Zoning, building, safety, etc. Special permits Matters not already covered by federal and/or state laws.

Ordinances

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Laws passed by municipality by virtue of the police power which regulates the kind of building, residences, or businesses that may be built and used in different parts (zones) of the municipality.

Zoning ordinances:

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Municipality zonings

ResidentialCommercial Note: in some municipalities, there may be either no zoning or a combination of residential/commercial

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**

Funeral establishments are classified as commercial use or business use of property. They are generally not allowed to operate in residential zonesSome new/change zoning ordinances may affect existing uses“Grandfather” clause- allows existing non-conforming uses to stay with restrictions

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Issued by local municipalities. Grant permission to use a building or facility for a special or specified use or purpose; such as hospitals, churches, etc.Allow exceptions to zoning ordinances for professions such as doctors and dentists

Special use permits:

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Funeral Directing is considered a business and not a profession. It would not qualify for Special Use Permits.

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regulations which control requirements for business and residential buildings regarding fire and safety, maintenance and operation, occupancy and use, and appearance of the building. (Designs, materials used in construction, parking spaces, plumbing, electrical, restrooms, signs, etc.)

Building codes

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Provisions in a deed limiting the use of property and prohibiting certain uses.

Restrictive covenants:

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An example of restrictive covenants

Deed restrictions

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Contracts dealing with the transfer to ownership. The seller agrees not to compete; for a specified time, nor in a specified geographical area; both are enforceable by law if deemed reasonable.

Covenants not to compete

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Invasion of a Landowner’s use of property which interferes with the public or another landowner’s use and enjoyment of his/her property

Nuisance: p.56

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Acts, occupations, or structures which are nuisances at all times and under all circumstances. May be prejudicial to public morals, dangerous to life, or injurious to public rights.

Nuisance per se

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Funeral homes is not a nuisance per se

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Acts, occupations, or structures which are not nuisances per se, but may become nuisances by circumstances of the location or manner in which it is operated.

Nuisance in fact:

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Funeral home may become a nuisances in fact.

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Federal and state standards – OSHA, EPA, ADA Health codes

Regulatory specifications

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Regulatory specifications Federal standards rules related to embalming procedures, funeral home personnel protection and safety.

OSHA – occupational Safety & Health Act

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Regulatory specifications Federal standards Rules concerning the use and control of formaldehyde and chemicals used by embalmers.

EPA – Environmental Protection Agency

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Regulatory specifications Federal standards to provide individuals with full use and enjoyment of public accommodations, requires businesses to remove architectural, communication and transportation barriers for physically impaired, provided it can be done without much difficulty and expense.

ADA – American with Disabilities Act

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four priorities ADA – American with Disabilities Act

1. ramps, widen doors, cut curbs, put in handicap parking2. provide public access to areas where goods and services are provided3. provide public access to restrooms i.e., toilet seats, mirrors, sinks, towel dispensers and grab bars.4. any other modifications i.e., water fountains, phones, etc,.

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Individuals with AIDS or other such diseases shall not be refused service i.e., embalming. Nor should there be a surcharge for such service, doing so is a violation of the ADA, family can file action under ADA.

WITHHOLDING SERVICES

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by U.S. Attorney General, or private individuals, Penalties: remove the violation, first violation 50,000 or subsequent violations of $100.000

ENFORCEMENT

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Regulatory specificationsSTATE STANDARDS:

Fixed locationLicensed personnel – FDIC – however, owner of the funeral home doesn’t have to be a licensed funeral director. Access to rolling stock - livery Facilities for conducting funerals Display room with proper number and selection of caskets. Adequate preparation room

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Preparation room

Designed and equipped for embalming and otherwise preparing dead human remains. Sufficient size Secluded from the public Walls, ceiling, and floor non-porous and easy to clean. Proper ventilation (OSHA) Sewer and disposal facilities Hot and cold running water Operating table Instruments and chemicals Meet local and state sanitary codes.

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Area of ground set aside and dedicated for the final disposition of dead human bodies.

Cemetery

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Texas Funeral Service Commission regulates cemeteries as of September 2003. However, PERPETUAL cemeteries are regulated under

the Department of Banking.

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Classifications of cemeteries

Public Private National