Chapter 3.5. Requirements For Burials of California Health And Safety Code >> Division 8. >> Part 1. >> Chapter 3.5.
(a) This chapter shall apply to all cemeteries, including,
but not limited to, public cemeteries, private cemeteries, and
cemeteries operated by religious organizations, or fraternal or
beneficial associations or societies.
(b) This chapter shall supersede any conflicting rules or
regulations established by any entity that manages or operates a
cemetery in this state, including, but not limited to, a city, a
county, a city and county, a public cemetery district, a cemetery
authority, a private corporation, or any organization, association,
or society managing or operating a cemetery.
(a) Except as provided in subdivisions (b) and (c), there
shall be no less than 18 inches of dirt or turf on top of all vaults
or caskets as measured at the time of burial.
(b) Cremated remains placed in an urn or urn vault and covered
with at least three-quarters of an inch of concrete, brass, granite,
marble, or metal plate, affixed to the urn or urn vault shall be
exempt from the requirement of subdivision (a).
(c) In the case of consensual double burials, the casket or vault
that is on top shall be covered with at least 12 inches of dirt or
turf as measured at the time of burial.
(d) In a case of extreme hardship, upon request of the next of kin
or other person responsible for making the burial arrangements for
the deceased, a burial of less than 18, but not less than 12 inches
may be provided.
(a) This chapter shall not apply to mausoleums, crypts,
vaults, or other burial structures designed and constructed to be
installed without an earthen cover.
(b) Preexisting and presold vaults and lawn crypts that were in
place on January 1, 1993, or for which sales agreements have been
executed prior to that date, shall not be subject to this chapter.
Cemeteries shall be liable for the costs of reburial of any
remains improperly interred in already occupied graves or interred
with less than the amount of turf, dirt, or other covering, as
required by this chapter, for burials occurring after January 1,
(a) Except with the express written permission of the
person entitled to control the disposition of the remains, or in the
case of a double burial consented to by both parties, no person shall
knowingly or willfully inter the remains of more than one body in a
single plot, or place a casket or other human remains in an already
(b) Violation of subdivision (a) is a crime punishable as follows:
(1) A first offense, or a second offense not committed within a
year of the first, is punishable as a misdemeanor by imprisonment in
a county jail not exceeding one year.
(2) A second offense committed within a year of the first offense
is punishable as a misdemeanor or a felony by imprisonment in a
county jail not exceeding one year, or pursuant to subdivision (h) of
Section 1170 of the Penal Code.
(3) A third or subsequent offense shall be punishable as a felony
by imprisonment pursuant to subdivision (h) of Section 1170 of the
Notwithstanding any other provision of law, any cemetery
that violates any of the requirements of this chapter shall be
subject to disciplinary action by the Cemetery and Funeral Bureau.
Notwithstanding any other provision of law, the statute of
limitations for any individual's criminal violation of Section 8113.5
shall begin to run at the time the violation is discovered.