R9-9B-309. Environmental and Physical Premises Requirements

A. A licensee of a funeral establishment shall ensure that the funeral establishment: 1. Is in a building that: a. Has a commercial occupancy according to the local zoning jurisdiction; and b. Is free of any plumbing, electrical, ventilation, mechanical, or structural hazard that may jeopardize: i. The condition or security of human remains in the custody of the funeral establishment, or ii. The health or safety of an employee or member of the public; and 2. Has premises that are: a. Sufficient to provide for a funeral establishment’s services and activities; b. Cleaned and disinfected according to the funeral establishment’s policies and procedures to prevent, minimize, and control odor, illness, and infection; c. Clean and free from accumulations of dirt, garbage, and rubbish; and d. Free from a condition or situation that may cause an individual to suffer physical injury. B. A licensee of a funeral establishment shall ensure that: 1. A pest control program is implemented and documented that requires: a. A pest control service that uses certified applicators as specified in 3 A.A.C. 8, Article 2; and b. Annual pest control service records to be retained for at least 12 months after the date of service; and 2. The funeral establishment does not engage in any practice or create any condition that would constitute a public health nuisance, as specified in A.R.S. § 36-601, or is contrary to the health laws of this state. C. A licensee of a funeral establishment shall ensure that: 1. The funeral establishment provides a separate and designated area or room for each of the following: a. An area that may be used as a chapel for conducting funeral services; b. An area for discussing funeral arrangements with the family of a deceased individual; c. A room or an area, as applicable, for the preparation of human remains that contains only the equipment, instruments, and supplies necessary for accomplishing the tasks for which the room or area is used; d. An area for displaying funeral goods, either physically or through photographic or electronic means; and e. If the funeral establishment reuses sheets or other linens for covering a deceased individual, gowns, or other items that may have come into contact with a deceased individual or bodily fluids, separate areas where soiled items are stored, soiled items are laundered, and clean items are stored; 2. If the funeral establishment has a refrigerated holding area for human remains, the refrigerated holding area: a. Except as specified in subsection (C)(3), is only used for human remains; b. Can be accessed from the room in subsection (C)(1)(c) without traveling through areas of the funeral establishment open to the public; c. Is maintained in working order; d. Is kept in a clean and sanitary condition; e. Maintains a temperature at or below thirty-eight degrees Fahrenheit; and f. Is monitored according to policies and procedures; 3. If flowers intended for a deceased individual are received by the funeral establishment and need to be refrigerated to ensure freshness, the flowers are located consistent with R9-9B-304(C)(2); and 4. No equipment, instruments, or supplies are stored in the same location as human remains. D. If the funeral establishment embalms on-site, a licensee shall ensure that the preparation room in subsection (C)(1)(c): 1. Is properly ventilated; 2. Has sanitary flooring and drainage; 3. Is protected from dust, dirt, flies, and other contamination; 4. Is only used for the preparation of human remains; 5. Is thoroughly cleansed and disinfected with a 1% solution of chlorinated soda, or other suitable and effective disinfectant, immediately after: a. An obvious spill of blood or other potentially infectious bodily fluid or material, and b. The embalming of human remains; 6. Contains an eye wash station to enable an individual to quickly and efficiently flush the eyes in the event of accidental exposure to harmful materials; 7. Contains a sanitary embalming table, which is provided with running water and a drain; 8. If embalming is performed on-site, contains an embalming machine with a lid to minimize the dispersion of harmful fumes; 9. Contains equipment, instruments, and supplies that: a. Are sufficient to accomplish the tasks for which the room is used; b. Are maintained in working condition; c. Are maintained in a clean and sanitary condition and disinfected or sanitized, as applicable, after each use; d. Are used according to the manufacturer’s recommendations; and e. If applicable, are tested and calibrated according to the manufacturer’s recommendations or, if there are no manufacturer’s recommendations, as specified in policies and procedures; and 10. Has proper and convenient receptacles for refuse, bandages, sharp objects, and all other waste materials that are clearly labeled as to purpose. E. If the funeral establishment embalms on-site, a responsible funeral director shall ensure that the preparation room in subsection (C)(1)(c): 1. Is disinfected after each use to protect the health and safety of employees, and 2. Is maintained in a clean and sanitary condition at all times with cleaning equipment that is labeled and used only for the preparation room in subsection (C)(1)(c). F. A responsible funeral director shall maintain documentation of equipment tests, calibrations, and repairs for at least 12 months after the date of testing, calibration, or repair. G. A responsible funeral director shall ensure that: 1. Biohazardous medical waste, as defined in A.A.C. R18- 13-1401, and other potentially hazardous waste, as described in A.A.C. R18-8-260, are removed and disposed of by a facility licensed by the Arizona Department of Environmental Quality pursuant to 18 A.A.C. 8 and 13; 2. Combustible or flammable liquids are stored in labeled containers or safety containers in a secured area, properly identified to ensure the health and safety of employees and the public, and, except as provided in subsection (F)(3), away from where human remains are stored or prepared; and 3. If embalming fluid is stored in a preparation room, the embalming fluid is kept in a location in the preparation room separate from where human remains are stored. H. A responsible funeral director shall: 1. Provide access to hearses or funeral coaches that are properly equipped for transporting deceased individuals in compliance with A.R.S. § 32-1382; 2. Ensure that, before transport, the human remains are placed in one of the following, as applicable, consistent with the Statement of Funeral Goods and Services Selected in R9-9B-306(E)(2)(d) and, if applicable, the method of cremation: a. A casket; b. A rigid, alternative container that totally encloses the human remains; c. A flexible container, such as a body bag, that is waterproof and totally encloses the human remains; or d. When transporting human remains to the funeral establishment, on a wheeled stretcher, such as a gurney, that is non-porous and deters spillage of bodily fluids from the wheeled stretcher, with the human remains covered by a tight-fitting cloth that entirely covers the human remains; and 3. Ensure that a vehicle used for the transport of human remains or cremated remains by or on behalf of the funeral establishment: a. Is maintained in a clean and sanitary condition; b. If transporting human remains, totally encloses the human remains and the casket or other container of the human remains; c. Has surfaces on which human remains or cremated remains are placed during transport that are capable of being cleaned and sanitized or disinfected; and d. Is locked and secured at all times during transport of human remains or cremated remains.