(a) Every crematory shall be licensed in West Virginia. The board shall issue a crematory license to an applicant who meets the following requirements:
(1) The place of business has been approved by the board as having met all the requirements and qualifications to be a crematory as are required by this article;
(2) The crematory conforms with all local building codes;
(3) The crematory meets all applicable environmental standards;
(4) Notify the board, in writing, at least thirty days before the proposed opening date so there can be an inspection of the crematory;
(5) Show proof that the crematory passed the inspection;
(6) Have a certified crematory operator in charge;
(7) Pay all the appropriate fees; and
(8) Complete such other requirements as specified by the board.
(b) All crematory licenses must be renewed biennially, by a staggered schedule, upon or before the first day of July and pay a renewal fee.
(c) Each crematory license shall be valid for only one crematory to be located at a specific street address. There shall be a separate license issued and a separate fee assessed to operate additional crematories by the same applicant.
(d) A holder of a crematory license that fails to pay fees for either the principal crematory or additional crematories by the first day of July of the renewal year is subject to a penalty, a reinstatement fee for each crematory and the required renewal fee.
(e) The holder of a crematory license who ceases to operate the crematory at the location specified in the application shall, within twenty days thereafter, surrender the crematory license to the board and the license shall be canceled by the board. In the event of the death of an individual who was the holder of a crematory license, it shall be the duty of the holder's personal representative to surrender the crematory license within one hundred twenty days of qualifying as the personal representative.
(f) A holder of a certificate to operate a crematory whose certificate to operate has been revoked or a holder of a crematory license whose license has been revoked shall not operate, either directly or indirectly, or hold any interest in any crematory or funeral establishment: Provided, That a holder of a crematory license whose license has been revoked is not prohibited from leasing any property owned by him or her for use as a crematory, so long as the property owner does not participate in the control or profit of the crematory except as lessor of the premises for a fixed rental not dependent upon earnings.
(g) Failure to comply with any of these provisions shall be grounds for revocation of a crematory license.
(h) All persons that operate crematories shall by the first day of January, two thousand three, register with the board. By the first day of July, two thousand three, all persons that operate crematories shall obtain a crematory license, pursuant to the provisions of this section.
(i) All crematory licenses must be renewed biennially upon or before the first day of July.
(j) After the first day of July, two thousand three, all licensed crematories must have a certified crematory operator in charge.
(k) If a certified crematory operator in charge ceases to be employed by a crematory, then the holder of the crematory license shall notify the board within thirty days of the cessation. Within thirty days after such notification, the holder of a crematory license shall execute a new application for a crematory license specifying the name of the new certified crematory operator in charge. A crematory is prohibited from operating more than thirty days without a certified crematory operator in charge.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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