§ 205.21 Burial, Cremation, Holding and Transportation of Human Remains; Disposition Permit.
RCNY § 205.21
(a)When a death or termination of pregnancy occurs in the City, the human remains shall not be buried, cremated, temporarily held as an interim disposition pursuant to 24 RCNY Health Code § 205.13(b) or transported out of the City unless an appropriate disposition permit has been issued by the Department. However, remains may be transported out of the city to a contiguous county in the State without obtaining prior authorization to transport from the Department. In such cases, an appropriate disposition permit must still be issued by the Department prior to burial, cremation, interim disposition or transportation to any other area. Such burial, cremation, interim disposition or transportation permit shall not be issued until a certificate of death or termination of pregnancy and, if required, a confidential medical report have been filed with the Department. A permit to bury, temporarily hold or cremate human remains or to transport them out of the City includes authorization to remove the remains from the place of death or termination of pregnancy pursuant to 24 RCNY Health Code § 205.19(a). If remains are to be transported out of the City by common carrier, they shall be prepared in such manner as to comply with the State Sanitary Code.
(b)(1) No person in charge of a cemetery or crematory in the City shall allow human remains to be buried or cremated in the cemetery or crematory until a permit issued pursuant to subsection (a) of this section is surrendered to him or her, and he or she shall not accept any permit which has been changed or altered unless the change or alteration is countersigned by the Department. A permit for the burial or cremation of human remains issued by the authorized agency of any municipality or county within the United States, of any state, territory or possession of the United States, the District of Columbia, or of any foreign State within whose jurisdiction the death or termination of pregnancy occurred, which specifies the cemetery or crematory, may be accepted by the person in charge of the cemetery or crematory instead of a permit issued by the Department. If a permit issued in another jurisdiction does not specify the cemetery or crematory, or if the cemetery or crematory specified is not the actual place of intended burial or cremation, it shall not be accepted by the person in charge of a cemetery or crematory but shall be exchanged for a permit issued by the Department.
(2)The person in charge of a cemetery or crematory shall maintain a permanent record of each burial or cremation which shall include the permit number and permit issuing authority of all permits received pursuant to this subdivision and after making such permanent record, he or she may completely destroy such permits by incineration or other equally effective means.
(3)The person to whom an interim disposition permit has been issued in accordance with 24 RCNY Health Code § 205.13(b) shall maintain a permanent record of each of the human remains being temporarily held which shall include the permit number and shall maintain the original interim disposition permit until such time it is surrendered to the Department in exchange for a final burial, cremation or transportation permit.
(c)A burial permit issued pursuant to this section includes authorization to place the remains in the general reception vault of the cemetery named in the permit prior to permanent burial in such cemetery.
(d)Application for a cremation permit shall be made by the person in control of disposition. The application shall be supported by an affidavit which establishes the authority of such person in control of disposition to request cremation. The affidavit shall contain the name of the funeral director or undertaker who is to arrange for cremation, the name of the crematory where cremation is to take place and a statement that the applicant assumes all responsibility for the cremation. Such affidavit shall be maintained by the funeral director or undertaker. No cremation permit shall be issued unless the application is approved by the office of the chief medical examiner pursuant to § 17-204 of the Administrative Code. (Amended City Record 10/8/2024, eff. 11/7/2024)
