CHAPTER 20:45:05
CREMATORIES AND CREMATIONS
Section
20:45:05:01 Definition of terms, Repealed.
20:45:05:02 Applicability, Repealed.
20:45:05:03 Application for licensure or renewal of license -- Fee, Repealed.
20:45:05:04 Issuance of license -- Denial, Repealed.
20:45:05:05 Annual inspection -- Correction of violations, Repealed.
20:45:05:06 Suspension or revocation of license.
20:45:05:07 Human remains defined, Repealed.
20:45:05:08 Physicians and medical facilities disposing of human remains required to be licensed, Repealed.
20:45:05:09 Container requirements for accepting pathological waste, Repealed.
20:45:05:10 Occupant protection, Repealed.
20:45:05:11 Refrigeration requirements.
20:45:05:12 Embalming requirements, Repealed.
20:45:05:13 Construction standards, Repealed.
20:45:05:14 Notice of construction or alteration of crematories, Repealed.
20:45:05:15 Fire safety standards.
20:45:05:16 Fire safety requirements for crematories attached to funeral establishments.
20:45:05:01. Definition of terms. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:01, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.
20:45:05:02. Applicability. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:02, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.
20:45:05:03. Application for licensure or renewal of license -- Fee. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:03, 26 SDR 87, effective December 9, 1999; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.
20:45:05:04. Issuance of license -- Denial. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:04, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.
20:45:05:05. Annual inspection -- Correction of violations. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:05, 26 SDR 87, effective December 9, 1999; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.
20:45:05:06. Suspension or revocation of license. In accordance with SDCL chapter 1-26 and SDCL chapter 36-1C, the board may suspend, revoke, or impose other disciplinary actions against a license issued under SDCL chapter 34-26A on any of the following grounds:
(1) Violation of the provisions of SDCL chapter 34-26A or this chapter;
(2) Failure to allow board inspections;
(3) Failure to correct violations as outlined by the board inspector in the inspection report;
(4) Transferring, assigning, or altering a crematory license;
(5) Failure to remit payment for license;
(6) Failure to annually renew license before December thirty-first;
(7) Failure to post the crematory license in a place conspicuous to the public;
(8) Engaging in any practice or conduct that constitutes a danger to the health, safety, or welfare of the public; or
(9) Failure to maintain adequate safety and sanitary conditions or other requirements of crematories, as set forth in SDCL chapter 34-26A or this chapter.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:06, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.
General Authority: SDCL 34-26A-5.1.
Law Implemented: SDCL 34-26A-5.1, 34-26A-33.
20:45:05:07. Human remains defined. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:07, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.
20:45:05:08. Physicians and medical facilities disposing of human remains required to be licensed. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:08, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.
20:45:05:09. Container requirements for accepting pathological waste. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:09, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.
20:45:05:10. Occupant protection. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from 44:21:01:10, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.
20:45:05:11. Refrigeration requirements. A crematory operator who is unable to cremate unembalmed human remains immediately upon taking custody of the human remains must provide or maintain an operable refrigeration unit with cleanable, noncorrosive interior and exterior finishes. The unit must be capable of maintaining a temperature of forty degrees Fahrenheit or below. Human remains that are not embalmed may not be held by the crematory authority for longer than six days before cremation, except in the event of a coroner's investigation or inquest, or when otherwise ordered by a court of competent jurisdiction. For purposes of this section, the phrase, immediately upon taking custody, means within twenty-four hours of taking custody.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:11, 26 SDR 87, effective December 9, 1999; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.
General Authority: SDCL 34-26A-33.
Law Implemented: SDCL 34-26A-4.1(4), 34-26A-13.1, 34-26A-14, 34-26A-31.
20:45:05:12. Embalming requirements. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:12, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.
20:45:05:13. Construction standards. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:13, 26 SDR 87, effective December 9, 1999; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 50 SDR 157, effective July 2, 2024.
20:45:05:14. Notice of construction or alteration of crematories. Repealed.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:14, 26 SDR 87, effective December 9, 1999; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.
20:45:05:15. Fire safety standards. A crematory must be maintained in good condition according to the specifications given by the manufacturer of the equipment. No flammable material may be stored within five feet of the cremation chamber. In addition, the crematory must have:
(1) A floor made of concrete which is not covered in flammable material;
(2) Walls and a ceiling which are fireproof or constructed to be fire retardant;
(3) An adequate supply of air for combustion and ventilation to enter the incinerator room;
(4) Adequate entrances and exits to ensure protection for the public and crematory personnel; and
(5) A portable fire extinguisher with a minimum of a 2A rating.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:15, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.
General Authority: SDCL 34-26A-33.
Law Implemented: SDCL 34-26A-33.
20:45:05:16. Fire safety requirements for crematories attached to funeral establishments. A crematory that is a part of a funeral establishment or is physically attached to a funeral establishment must be separated from the funeral establishment by construction using noncombustible materials with a fire resistance rating of no less than two hours. As an alternative to a two-hour fire separation, an automatic sprinkler system may be installed in the funeral establishment and a one-hour fire separation constructed between the funeral establishment and the crematory.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:16, 26 SDR 87, effective December 9, 1999; 50 SDR 157, effective July 2, 2024.
General Authority: SDCL 34-26A-33.
Law Implemented: SDCL 34-26A-33.
