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Glossary

Glossary

Helpful Terms

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A

ALTERNATIVE CONTAINER

A non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of cardboard, pressed-wood, composition materials (with or without an outside covering), or pouches of canvas or other materials.

ARRANGEMENT CONFERENCE

The meeting occurring either at need or preneed between the seller and the purchaser during which funeral and cemetery merchandise and services are discussed.

ARRANGEMENT CONFERENCE FEE

The charge to the purchaser in conjunction with the arrangement conference.

AT NEED

At the time of, or immediately following, death.

AUTHORIZING AGENT

One who is lawfully authorized to control the final disposition of the human remains.

B

BELOW-GROUND CRYPT

A pre-placed enclosed chamber, which is usually constructed of reinforced concrete, poured in place or pre-cast unit installed in quantity, either side by side or multiple depth, and covered by earth or sod and known also as a lawn crypt, turf-top crypt, etc.

BENEFICIARY

One who benefits from an act, such as one for whom a prepaid contract is entered into or the successor-in-interest of a life insurance policy.

BURIAL

The placement of human remains in a grave space.

BURIAL PERMIT

A legal document issued by a local regulatory authority authorizing final disposition of human remains.

C

CASH ADVANCE

Any item of service or merchandise described to a purchaser as a “cash advance”, “accommodation”, “cash disbursement”, or similar term. A cash advance item is also any item obtained from a third party and paid for by the seller on the purchaser’s behalf. Cash advance items may include, but are not limited to, cemetery or crematory services; pallbearers; public transportation; clergy honoraria, flowers; musicians or singers; nurses; obituary notices; gratuities; and death certificates.

CASKET

A rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, or like material, and ornamented and lined with fabric.

CASKET/COFFIN

A box or chest for burying human remains.

CEMETERY

A place that is established, maintained, managed, operated, or improved and which is dedicated to and used or intended to be used for the final disposition of human remains and their memorialization.

CEMETERY AUTHORITY

Any person (as defined) that owns or controls a cemetery or conducts cemetery business.

CEMETERY PROPERTY

A grave, crypt, niche, or defined area for scattering cremated remains.

CEMETERY SERVICES

Opening and closing graves, crypts, or niches; setting grave liners and vaults; setting markers; and long-term maintenance of cemetery grounds and facilities.

COLOMBARIUM

A structure with niches (small spaces) for placement of cremated remains in urns or other approved containers. It may be outdoors or part of a mausoleum.

COMMINGLING

The mixing of cremated remains of more than one decedent.

CREMATED REMAINS

The bone fragments remaining after the cremation process, which may include the residue of any foreign materials that were cremated with the human remains.

CREMATED REMAINS CONTAINER

A receptacle in which cremated remains are placed awaiting final disposition.

CREMATION

Exposing human remains and the container holding them to extreme heat and flame and processing the resulting bone fragments to a uniform size and consistency.

CREMATION CHAMBER

The enclosed space in which the cremation of human remains is performed.

CREMATION CONTAINER

An enclosed receptacle, which is combustible, rigid, and leak-resistant, that is designed for the encasement of human remains prior to and during cremation.

CREMATION PERMIT

A legal document issued by a local regulatory authority giving permission for cremation of the deceased.enclosed receptacle, which is combustible, rigid, and leak-resistant, that is designed for the encasement of human remains prior to and during cremation.

CREMATORY

A structure containing a furnace or retort used or intended to be used for the cremation of human remains.

CREMATORY AUTHORITY

Any person (as defined) that owns or controls a crematory.

CREMATORY OPERATOR

Any person (as defined) who conducts or performs a cremation.

CRYPT

A space in a mausoleum or other building to hold cremated or whole human remains.

D

DEATH CERTIFICATE

A legal document containing vital statistics pertaining to the life and death of the deceased.

DECEASED/DECENDENT

One who is no longer living.

DEDICATION

The process by which a legal description of a cemetery site is filed with a declaration that the property is to be used exclusively for cemetery purposes.

DIRECT DISPOSER

A person (as defined) authorized by law to practice direct disposition.

DIRECT DISPOSITION

Any final disposition of human remains, without formal viewing, visitation, or ceremony with the body present.

DISINTERMENT

The act of removing human remains that have been interred.

DISPOSITION

The placement of cremated or whole human remains in their final resting place. A Permit for Disposition must be filed with the local registrar before disposition can take place.

E

EMBALMER

One authorized by law to engage in embalming.

EMBALMING

A procedure whereby human remains are chemically treated by injection for temporary preservation including, but not limited to, the act of disinfecting, preserving, and restoring the human remains to a natural life-like appearance.

ENDOWMENT CARE FUND

Money collected from cemetery property purchasers and placed in trust for the maintenance and upkeep of the cemetery. The State monitors the fund and establishes the minimum amount that must be collected. However, the cemetery is permitted to collect more than the minimum to build the fund. Only the interest earned by such funds may be used for the care, maintenance, and embellishment of the cemetery.

ENCASEMENT

The placement of the human remains in a rigid container, including but not limited to, a casket or urn.

ENDOWMENT CARE

The maintenance and repair of all places in the cemetery, subject to the rules and regulations of the cemetery authority; may be known also as endowed care, perpetual care, improvement care, permanent care, etc.

ENDOWMENT CARE TRUST FUND

An irrevocable trust fund set aside by law with a trustee, with the income therefrom to provide for the endowment care of the cemetery.

ENTOMBMENT

The act of placing human remains in a mausoleum crypt.

F

FINAL DISPOSITION

The lawful disposal of human remains whether by interment, burial at sea, scattering, etc.

FRATERNAL CEMETERY

A cemetery regulated by the Bureau that is owned, operated, controlled, or managed by any fraternal organization in which the sale of cemetery space is restricted principally to its members.

FUNERAL

The rites held commemorating the deceased with the human remains present.

FUNERAL CEREMONY

A service commemorating the deceased with the body present.

FUNERAL CONSUMER ORGANIZATION

See Memorial Society.

FUNERAL DIRECTING

The act of conducting funerals and counseling with survivors and preparing human remains, other than by embalming, for the interment or other means of disposition, and may include the management and supervision of all operations in a funeral establishment, which may or may not include the practice of embalming.

FUNERAL DIRECTOR

One authorized by law to engage in funeral directing.

FUNERAL ESTABLISHMENT

A place of business used in the care, planning, and preparation for final disposition or transportation of human remains, or any place where one or more are engaged and represent themselves to be engaged in the business of embalming or funeral directing.

FUNERAL SERVICES

Services provided by a funeral director and staff, which may include consulting with the family on funeral planning; transportation, shelter, refrigeration, and embalming of remains; preparing and filing notices; obtaining authorizations and permits; and coordinating with the cemetery, crematory, or other third parties.

G

GRAVE

A space in the ground in a cemetery for the burial of human remains.

GRAVE CONTAINER OR OUTER CONTAINER

A concrete cover that fits over a casket in a grave. Some liners cover tops and sides of the casket. Other liners (vaults) completely enclose the casket. Grave liners minimize ground settling on the cemetery grounds.

GRAVE SPACE

A space of ground in a cemetery that is used or intended to be used for in ground burial.

GRAVESIDE SERVICE

A service to commemorate the deceased held at the cemetery prior to burial.

GUARANTEED PRICE PREPAID CONTRACT

A prepaid contract whereby the seller agrees to receive from the purchaser a definite purchase price as payment in full.

H

HOLDING FACILITY

An area within or adjacent to the crematory, which is a facility designated for the temporary retention of human remains prior to the cremation.

HUMAN REMAINS

The body of a decedent and includes the body in any stage of decomposition and cremated remains.

I

INTERMENT

Burial in the ground, entombment, or in the case of cremated remains, inurnment or scattering in a cemetery.

INTERMENT RIGHT

The right to inter human remains in a particular interment space in the cemetery.

INTERMENT RIGHT OWNER

The person (as defined) who lawfully possess an interment right.

INTERMENT SPACE

A space intended for the final disposition of human remains including, but not limited to, a grave space, mausoleum crypt, niche, and below-ground crypt.

INURNMENT

The act of placing cremated remains in a receptacle including, but not limited to, an urn and depositing it in a niche.

M

MAUSOLEUM

A building in which human remains are interred (entombed).

MAUSOLEUM CRYPT

A chamber of a mausoleum of sufficient size for entombment of human remains.(entombed).

MEMORIAL

Any product, other than a mausoleum or columbarium, used for identifying an interment space or for commemoration of the life, deeds, or career of some decedent including, but not limited to, a monument, marker, niche plate, urn garden plaque, crypt plate, cenotaph, marker bench, and vase.(entombed).

MEMORIAL CARE

Any care provided or to be provided for the general maintenance of memorials including, but not limited to, resetting or repairing or replacing damaged memorials.

MEMORIAL RETAILER

Any person (as defined) offering or selling memorials retail to the public; may also be known as a memorial retailer.

MEMORIAL SERVICE

A ceremony commemorating the deceased without the body present.

MEMORIAL SOCIETY

A nonprofit organization that provides information about funerals and disposition but is not part of the State-regulated funeral industry. May also be called a funeral consumer alliance.

MEMORIALIZATION

Any permanent system designed to mark or record the names and other data pertaining to a decedent.

N

NICHE

A space in a columbarium, mausoleum, or niche wall to hold an urn.

NON-GUARANTEED PRICE PREPAID CONTRACT

A prepaid contract whereby the seller reserves the right to assess additional fees in the future over and above the purchase price stated in the prepaid contract.

O

OPENING AND CLOSING

The process of making an interment including, but not limited to, administrative, clerical, legal, and mechanical services performed by the cemetery authority in conjunction with the opening of an interment space, in preparation for the interment of human remains, and the subsequent closing of the interment space after the interment has been performed.

OUTER BURIAL CONTAINER

A container which is designed for placement in the grave space around the casket or the urn including, but not limited to, containers commonly known as burial vaults, grave boxes, and grave liners.

P

PERSON

Any individual, firm, corporation, partnership, joint venture, limited liability company, association, trustee, government or governmental subdivision, agency, or other entity, or combinations thereof.

PRE-FUND

The term applied to completing the financial details of a prearrangement, which include provisions for funding or prepayment.

PRE-PLAN

The term applied to prearrangements that do not include provisions for funding or prepayment.

PREARRANGEMENT

The term applied to completing the details for selection of merchandise or services on a preneed basis, which may or may not include provisions for pre-funding or prepayment.

PREDEVELOPED

Designated areas or buildings within a cemetery that have been mapped and planned for future construction but are not yet completed.

PREDEVELOPED INTERMENT SPACE

An interment space that is planned for future construction but is not yet completed.

PREDEVELOPED INTERMENT SPACE TRUST FUND

The funds required by law to be held in trust until the predeveloped interment spaces are completed.

PRENEED

Any time prior to death.

PREPAID CONTRACT

A written contract to purchase merchandise or services from the seller on a preneed basis.

PREPAID CONTRACT TRUST FUND

The funds received pursuant to a prepaid contract which are required by law to be held in trust until the merchandise or services purchased pursuant to such contract are delivered or provided or until otherwise lawfully withdrawn.

PROVIDER

A person (as defined), who may or may not be the seller, who will actually provide the merchandise and services under the terms of a pre-funded prearrangement.

PUBLIC ADMINISTRATOR

The local governing body with jurisdiction over the assets of the deceased when there are no known next-of-kin or where the deceased is indigent.

PURCHASE PRICE

The amount paid by the purchaser for merchandise and services purchased under a prepaid contract, exclusive of finance charges, sales tax, charges relating to interment rights, arrangement conference fees, or charges for credit life insurance.

PURCHASER

The person (as defined) who purchases a prepaid contract either on its behalf or on behalf of a third party beneficiary.

R

REGULATORY AUTHORITY

The person (as defined) empowered by law with statutory oversight.

REINTERMENT

The act of interring human remains that have been disinterred.

RESIDUE

Cremated remains, which are imbedded in cracks and uneven spaces of the cremation chamber or in the cremated remains container, that cannot be removed through reasonable manual contact with sweeping or scraping equipment. Materials left in the cremation chamber after completion of the cremation or in the cremated remains container that can be reasonably removed should be considered in excess of residue.

S

SCATTERING

The final disposition of cremated remains by lawful dispersion.

SCATTERING URN

A closed container containing cremated remains that will dissolve and release its contents within four hours of being placed at sea.

SELLER

Any person (as defined) offering or selling merchandise or services on a preneed basis including, but not limited to, funeral establishments, cemetery authorities, crematory authorities, memorial retailers, direct disposers, etc.

SERVICES

Any services which may be used to care for and prepare human remains for burial, cremation, or other final disposition; and arrange, supervise, or conduct the funeral ceremony or the final disposition of human remains.

SOLICITATION

Contact by a seller to a prospective purchaser for the purpose of selling merchandise or services on a preneed basis.

SPECIAL CARE

Any care provided or to be provided, that is supplemental to or in excess of endowment care, in accordance with the specific directions of any donor of funds for such purposes.

SUCCESSOR-IN-INTEREST

A person (as defined) who lawfully follows another in ownership or control of property or rights.

T

TRUSTEE

Any person (as defined), state or national bank, trust company, or federally insured savings and loan lawfully appointed as fiduciary over funds deposited by one or more purchasers of a prepaid contract or deposited pursuant to an endowment care trust fund; not be confused with a board of trustees.

U

UNCLAIMED CREMATED REMAINS

Cremated remains which are unclaimed for a prescribed period of time from the cemetery authority, crematory authority, direct disposer, or funeral establishment.

URN

A container to hold cremated human remains. It can be placed in a columbarium or mausoleum, or it can be buried in the ground.

V

VAULT

A grave liner that completely encloses a casket.

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