HAR §11-22-5
HAR §11-22-5. Burial
Cite as Haw. Code R. § 11-22-5
(a) Cemeteries; Requirements for establishing, constructing,
modifying, operating.
22-5
(1)
No place shall be used as a cemetery (as defined in §441-1, HRS) without
the prior written approval of the director.
(2)
No place shall be approved for use as a cemetery unless
(A)
It has been dedicated pursuant to chapter 441, HRS;
(B)
All planned construction and all existing construction of the
grounds, plots, buildings, roads, water supply, and sewage disposal
system has been approved by the director;
(C)
Proposed rules governing the operation of the cemetery have been
approved by the director; and
(D)
A cemetery authority has registered pursuant to §11-22-5(a) (5)
herein.
(3)
All construction shall be only in accordance with approved plans and
specifications. Any changes must be submitted in writing and approved
by the director prior to construction.
(4)
Every cemetery shall have and be supervised by a cemetery authority
properly licensed under chapter 441, HRS. The cemetery authority shall
insure compliance with all regulations made by the director relating to
cemeteries and burials.
(5)
Every person who acts as a cemetery authority shall register with the
department of health on a form to be designated by the director.
(6)
A cemetery authority shall be responsible for the prevention of any
unhygienic condition or danger to public health arising from operation of
the cemetery; shall oversee that no damage is done to the tombs, grave
markers, and fences; shall prevent cattle and beasts from entering the
cemetery; shall maintain and deliver, whenever required by the director,
records of burials; shall deliver said records over to successor cemetery
authorities; shall provide for the indetification of tombs, vaults, or other
sites of burial by appropriate markings; and shall prepare and keep up-to-
date a map or plot showing the location of each body buried or interred
within the cemetery.
(b)
Location; depth of grave.
(1)
It shall be unlawful for any person to bury any human body unless he has
first obtained a burial-transit permit from the local agent of the department.
The burial shall be made only in a cemetery approved by the director.
(2)
A dead human body shall be interred at a depth sufficient to prevent the
creation of any public nuisance or public health hazard and to make it
impossible for hogs and other animals, or surface drainage or wash, to
uncover it. [Eff. Dec. 26, 1981] (Auth: HRS §§321-11, 469-2) (Imp:
HRS §§321-11, 338-23, 441-195)