149A.52 LICENSE TO OPERATE A CREMATORY.
Subdivision 1. License requirement.
Except as provided in section
149A.01, subdivision 3
no person shall maintain, manage, or operate a place or premises devoted to or used in the holding
and cremation of a dead human body without possessing a valid license to operate a crematory
issued by the commissioner of health.
Subd. 2. Requirements for crematory.
(a) A crematory licensed under this section must
(1) a building or structure that complies with applicable local and state building codes,
zoning laws and ordinances, and environmental standards, containing one or more cremation
chambers or retorts for the cremation of dead human bodies;
(2) a motorized mechanical device for grinding, crushing, or pulverizing the cremated
remains to a granulated appearance appropriate for final disposition; and
(3) an appropriate holding facility for dead human bodies awaiting cremation.
(b) A crematory licensed under this section may also contain a display room for funeral
Subd. 3. Application procedure; documentation; initial inspection.
An applicant for a
license to operate a crematory shall submit to the commissioner a completed application. A
completed application includes:
(1) a completed application form, as provided by the commissioner;
(2) proof of business form and ownership; and
(3) proof of liability insurance coverage or other financial documentation, as determined by
the commissioner, that demonstrates the applicant's ability to respond in damages for liability
arising from the ownership, maintenance, management, or operation of a crematory.
Upon receipt of the application and appropriate fee, the commissioner shall review and verify
all information. Upon completion of the verification process and resolution of any deficiencies in
the application information, the commissioner shall conduct an initial inspection of the premises
to be licensed. After the inspection and resolution of any deficiencies found and any reinspections
as may be necessary, the commissioner shall make a determination, based on all the information
available, to grant or deny licensure. If the commissioner's determination is to grant the license,
the applicant shall be notified and the license shall issue and remain valid for a period prescribed
on the license, but not to exceed one calendar year from the date of issuance of the license. If the
commissioner's determination is to deny the license, the commissioner must notify the applicant,
in writing, of the denial and provide the specific reason for denial.
Subd. 4. Nontransferability of license.
A license to operate a crematory is not assignable
or transferable and shall not be valid for any person other than the one named. Each license
issued to operate a crematory is valid only for the location identified on the license. A 50 percent
or more change in ownership or location of the crematory automatically terminates the license.
Separate licenses shall be required of two or more persons or other legal entities operating from
the same location.
Subd. 5. Display of license.
Each license to operate a crematory must be conspicuously
displayed in the crematory at all times. Conspicuous display means in a location where a member
of the general public within the crematory will be able to observe and read the license.
Subd. 5a. Initial licensure and inspection fees.
The licensure and inspection fees shall be
paid to the commissioner of finance and shall be credited to the state government special revenue
fund in the state treasury.
Subd. 6. Period of licensure.
All licenses to operate a crematory issued by the commissioner
are valid for a period of one calendar year beginning on July 1 and ending on June 30, regardless
of the date of issuance.
Subd. 7. Reporting changes in license information.
Any change of license information
must be reported to the commissioner, on forms provided by the commissioner, no later than 30
calendar days after the change occurs. Failure to report changes is grounds for disciplinary action.
Subd. 8. Application information.
All information submitted to the commissioner by an
applicant for a license to operate a crematory is classified as licensing data under section
History: 1997 c 215 s 21; 2007 c 114 s 23,24; 2007 c 147 art 9 s 31