Chapter 07. Crematories — Inspections, Complaints, and Discipline
Regulation .01 Scope.LinkCopy Citation
This chapter governs crematory inspections, the complaint process, investigations, grounds for discipline, and penalties.
Regulation .02 Inspection by the Office.LinkCopy Citation
A.
A crematory shall be available for inspection by a representative of the Office at any time during operating hours. The permit holder or registered crematory operator shall be available to accompany the inspector during the inspection and sign the initial inspection report. A copy of the inspection report shall be provided to the permit holder or registered crematory operator.
B.
Each crematory shall be inspected:
(1)
On at least a biennial basis;
(2)
In furtherance of an investigation; or
(3)
Upon the sale or change of ownership of the crematory.
C.
A crematory shall maintain the following minimum standards:
(1)
The premises shall be maintained in a sanitary manner to comply with Centers for Disease Control’s guidelines on universal precautions;
(2)
Except by express, written consent of the authorizing agents to perform simultaneous, multiple cremations or alkaline hydrolyses, there shall be no more than one human body cremated or hydrolyzed in a single cremator or alkaline hydrolysis unit at a time;
(3)
A cremator or alkaline hydrolysis unit shall be cleaned completely after each cremation or alkaline hydrolysis;
(4)
There may not be co-mingling of human remains and pet remains in refrigeration units, cremators, or alkaline hydrolysis units;
(5)
Separate cremators or alkaline hydrolysis units shall be dedicated for the cremation or alkaline hydrolysis of human remains and the cremation or alkaline hydrolysis of pets;
(6)
There may not be:
(a)
Co-mingling of processed human remains with other processed human remains or pet remains;
(b)
Scooping of processed human remains from a bucket containing commingled processed human remains; or
(c)
Any form of misrepresentation in the return of processed human remains;
(7)
Excluding a deceased person with a known communicable infection, human remains shall be properly identified before cremation or alkaline hydrolysis by verifying that the documentation accompanying the human remains is consistent with a visual observation of the human remains;
(8)
A burial transit permit shall be an original document pertaining to the deceased;
(9)
Each crematory shall have:
(a)
A sink with hot and cold water in the room in which the crematory equipment is housed; and
(b)
The tools necessary to thoroughly clean the floor within the room housing the crematory equipment with water and an appropriate sanitizing agent;
(10)
The name of the deceased shall be visible on the outside of the crematory container;
(11)
Human remains shall be properly stored prior to cremation or alkaline hydrolysis;
(12)
Crematories shall:
(a)
Use only mechanical pulverizing equipment meeting industry standards that has been thoroughly brushed as clean as possible between each use; and
(b)
Pulverize the processed human remains with a mortar and pestle when the processed human remains are not sufficient in amount for pulverizing in mechanical equipment;
(13)
Separate pulverizing drums shall be dedicated for processed human remains and processed pet remains;
(14)
Before pulverizing, the mechanical pulverizer shall be clamped;
(15)
A crematory may not refuse to release processed human remains pending payment of outstanding fees;
(16)
Cremators without safety devices that prevent the automatic door from dropping unintentionally shall be retrofitted with such safety devices;
(17)
Portable fans may not be used in the area of the cremator or pulverizing equipment;
(18)
There shall be a minimum of 6 inches between a cremator smoke stack and the roof of the crematory;
(19)
A cremator shall have, visible on its front, a warning sign stating “No leaning past the door of the cremator.”;
(20)
The permit holder or registered crematory operator shall be present at the crematory during regular business hours; and
(21)
All individuals who operate the cremator or alkaline hydrolysis unit in a crematory shall be certified by the Cremation Association of North America, International Cemetery, Cremation and Funeral Association, or other equivalent certification recognized by the Office and the Board. Individuals receiving training toward certification to operate a cremator or alkaline hydrolysis unit shall be allowed to work under the supervision of a registered crematory operator who has the required certification for a period not to exceed 6 months.
D.
The following completed forms shall be available at all times for inspection and copying and are subject to be pulled at random by the inspector:
(1)
Crematory services authorization form;
(2)
Burial transit permit;
(3)
Delegation of authority form;
(4)
Receipt for human remains;
(5)
Record of cremation or alkaline hydrolysis;
(6)
Certificate of cremation or alkaline hydrolysis; and
(7)
Return of processed human remains certificate.
E.
Inspection results shall be written on forms approved by the Office.
F.
The representative of the Office performing the inspection shall, upon completion of the inspection:
(1)
Apprise the permit holder of the findings of the inspection; and
(2)
Provide the permit holder or a representative of the permit holder with a copy of the inspection report.
G.
The permit holder or representative of the permit holder shall sign and verify receipt of the inspection report.
H.
At the time of the Office’s inspection, the permit holder shall provide written documentation to the Office’s inspector that:
(1)
The crematory equipment has been inspected in accordance with manufacturer specifications;
(2)
In accordance with manufacturer specifications, it is not time for a manufacturer’s inspection; or
(3)
The permit holder has requested that the manufacturer conduct an inspection of the crematory equipment.
Regulation .03 Crematory Inspection Report, Deficiencies, Violations, and Penalties.LinkCopy Citation
A.
The Director of the Office shall review the inspection report and make a determination as to whether a deficiency exists.
B.
The Office shall notify the permit holder of the results of the inspection by providing a copy of the inspection report to the permit holder.
C.
If a permit holder passes an inspection, the permit holder shall prominently display, in public view on the premises, a statement issued by the Office that the crematory has successfully passed an inspection.
D.
If the Director of the Office finds a deficiency, the Director of the Office shall:
(1)
Within 7 days notify the permit holder of the deficiency or failure to pass the inspection; and
(2)
Provide a copy of the inspection report, notice of the deficiency, or failure to pass the inspection to the crematory permit holder within 30 days of completion of the inspection.
E.
Correction of Deficiency.
(1)
Except as provided in this section, a crematory permit holder shall correct a deficiency within 30 days after receipt of notification or sooner as determined by the Office.
(2)
The Office may require immediate correction of a deficiency if the Office considers the correction necessary in the interest of public health.
(3)
The crematory permit holder may request an extension of time within which to correct a deficiency.
(4)
The Office may approve an extension of time for correction of a deficiency.
(5)
Upon completion of the correction of all deficiencies, the crematory permit holder shall notify the Office.
(6)
Upon notification by the crematory permit holder, a representative of the Office shall re-inspect the crematory.
(7)
The Office shall notify the crematory permit holder, in writing, of the results of the re-inspection report by providing a copy of a new inspection report to the crematory permit holder.
(8)
If re-inspection reveals additional deficiencies not cited in the first report, the crematory permit holder shall correct those deficiencies in the time period specified by the Office unless an extension of time for correction of the additional deficiencies is requested by the crematory permit holder and approved by the Office.
F.
Penalties. In the event that a crematory permit holder fails to allow an inspection of the crematory or fails to comply with a notice to correct deficiencies or violations within the time specified, the Office shall:
(1)
Deem the failure to be a threat to the public health, safety, or welfare requiring immediate action;
(2)
Summarily suspend the crematory permit as provided under State Government Article, §10-226(c)(2), Annotated Code of Maryland;
(3)
Provide notice of the Office’s action to the crematory permit holder; and
(4)
Provide the crematory permit holder a subsequent opportunity for a hearing pursuant to Business Regulation Article, §5-312, Annotated Code of Maryland.
Regulation .04 Complaints.LinkCopy Citation
A.
A complaint regarding a permit holder or a registered crematory operator under the jurisdiction of the Office shall be:
(1)
Filed by the complainant, on a form devised by the Office in compliance with the provisions of Business Regulation Article, §5-311(b), Annotated Code of Maryland; and
(2)
Processed in accordance with the provisions of Business Regulation Article, §5-311(c)—(h), Annotated Code of Maryland.
B.
The Office may initiate a complaint or investigation.
Regulation .05 Investigations.LinkCopy Citation
The Office and the Board may share investigative information and conduct joint investigations.
Regulation .06 Grounds for Discipline and Penalties.LinkCopy Citation
A.
Subject to the hearing provisions of Business Regulations Article, §5-312, Annotated Code of Maryland, the Director of the Office of Cemetery Oversight may deny a crematory permit or registered crematory operator permit to an applicant, reprimand any person required to obtain a crematory permit or registered crematory operator permit, or suspend or revoke a crematory permit or registered crematory operator permit of an applicant or permit holder, or an agent, employee, officer, director, or partner of the applicant or permit holder for the reasons set forth in Business Regulation Article, §5-310, Annotated Code of Maryland.
B.
The Director of the Office may seek the remedies and may impose the penalties set forth in Business Regulation Article, Title 5, Annotated Code of Maryland, for violations of that title.
Chapter annotations
Authority: Business Regulation Article, §§5-204, 5-310, and 5-311, Annotated Code of Maryland
History: Effective date: March 31, 2014 (41:6 Md. R. 378)
History: Regulation .02 amended effective April 13, 2026 (53:7 Md. R. 327)
History: Regulation .04A amended effective April 13, 2026 (53:7 Md. R. 327)