Establishments

(1) Every Licensed Funeral Establishment shall: (a) be accessible to individuals with disabilities to the extent required by all applicable provisions of 521 CMR: Architectural Access Board, M.G.L. c. 112, §§ 61 through 65A, 82 through 87, and 239 CMR; (b) include a chapel sufficiently large and sufficiently equipped for the conduct of an average funeral service; such chapel shall contain a minimum of 300 square feet of floor space; (c) not contain any living quarters on the floor used for the Licensed Funeral Establishment without the prior written permission of the Board. Said permission shall not be granted unless the applicant provides satisfactory written assurances that such living quarters will not be used for the conduct of any funeral or visitation; (d) include a preparation room equipped with sanitary flooring, a flush rim sink, floor drain and ventilation, a reduced pressure backflow preventer or air gap separation at the meter or property line, and the necessary equipment, instruments and supplies for the preparation and embalming of dead human bodies for burial and transportation. Such preparation room and equipment shall comply with all applicable requirements of 239 CMR 3.07 and 3.12, and all applicable requirements of other federal, state and local laws, including but not limited to all applicable regulations of the United States Occupational Safety and Health Administration; (e) contain such toilets, lavatories and other sanitary facilities for men and women as may be required by applicable federal, state and local laws and regulations; (f) where the Licensed Funeral Establishment consists of more than one building or more than one lot of land, ensure that said buildings and/or lots shall be adjoining and connecting (239 CMR 3.06(1)(f) shall not apply to any Licensed Funeral Establishment opened prior to December 3, 1943 unless there has been a change of address for said establishment since that date); (g) where the Licensed Funeral Establishment was established after December 1, 1949, make removals of dead human bodies into the Licensed Funeral Establishment completely concealed from public view; and (h) meet the insurance requirements of 239 CMR 3.17. (2) No funeral establishment certificate shall be granted to any Licensed Funeral Establishment unless the owners of said establishment certify, in writing and under the pains and penalties of perjury, that said Licensed Funeral Establishment is in compliance with all applicable requirements of 521 CMR: Architectural Access Board and all applicable requirements of the United States Occupational Safety and Health Administration. The Board may require proof of such compliance by building officials, licensed engineers, or licensed architects. Adherence to this section may be waived if the establishment obtains a variance from the Architectural Access Board or if the establishment enters into a compliance plan agreed to by the Board. (3) Existing Licensed Funeral Establishments not meeting the rules and regulations of 521 CMR: Architectural Access Board because they are grandfathered under old rules do not need to conform to the newer accessibility rules adopted by 239 CMR 3.00 unless: (a) the funeral home needs a new establishment certificate due to a change in ownership or location (name changes alone do not trigger this requirement); (b) compliance is mandated by the Architectural Access Board or some other local, state, or federal authority; or (c) other changes are made to the laws applicable to the establishment ending said grandfathering. (4) Funeral Establishments that require renovations creating a violation of 239 CMR 3.06 may continue operating if first entering into a written compliance agreement with the Board. Such agreements are fully discretionary on the part of the Board, the ability to grant such an agreement shall not be deemed to grant funeral establishments any right or entitlement to such an agreement.