Chapter 1. Definitions of California Health And Safety Code >> Division 7. >> Part 1. >> Chapter 1.

7000.

The definitions in this chapter apply to this division, Division 8 (commencing with Section 8100) and Division 102 (commencing with Section 102100) of this code, Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code, and Chapter 19 (commencing with Section 9600) of Division 3 of the Business and Professions Code.

7001.

"Human remains" or "remains" means the body of a deceased person, regardless of its stage of decomposition, and cremated remains.

7002.

"Cremated remains" means the ashes and bone fragments of a human body that are left after cremation in a crematory, and includes ashes from the cremation container. "Cremation remains" does not include foreign materials, pacemakers, or prostheses.

7003.

"Cemetery" means either of the following:
  (a) Any of the following that is used or intended to be used and dedicated for cemetery purposes:
  (1) A burial park, for earth interments.
  (2) A mausoleum, for crypt or vault interments.
  (3) A crematory and columbarium, for cinerary interments.
  (b) A place where six or more human bodies are buried.

7004.

"Burial park" means a tract of land for the burial of human remains in the ground, used or intended to be used, and dedicated, for cemetery purposes.

7005.

Except in Part 5 (commencing with Section 9501) of Division 8, "mausoleum" means a structure or building for the entombment of human remains in crypts or vaults in a place used, or intended to be used, and dedicated, for cemetery purposes.

7006.

"Crematory" means a building or structure containing one or more furnaces for the reduction of bodies of deceased persons to cremated remains.

7006.3.

"Cremation chamber" means the enclosed space within which the cremation of human remains is performed.

7006.5.

"Cremation container" means a combustible, closed container resistant to leakage of bodily fluids into which the body of a deceased person is placed prior to insertion in a cremation chamber for cremation.

7006.7.

"Cremated remains container" means a receptacle in which cremated remains are placed after cremation.

7007.

Except in Part 5 (commencing with Section 9501) of Division 8, "columbarium" means a structure, room, or other space in a building or structure containing niches for inurnment of cremated human remains in a place used, or intended to be used, and dedicated, for cemetery purposes.

7008.

"Crematory and columbarium" means a building or structure containing both a crematory and columbarium.

7009.

"Interment" means the disposition of human remains by entombment or burial in a cemetery or, in the case of cremated remains, by inurnment, placement or burial in a cemetery, or burial at sea as provided in Section 7117.

7010.

"Cremation" means the process by which the following three steps are taken:
  (a) The reduction of the body of a deceased human to its essential elements by incineration.
  (b) The repositioning or moving of the body or remains during incineration to facilitate the process.
  (c) The processing of the remains after removal from the cremation chamber pursuant to Section 7010.3.

7010.3.

"Processing" means the removal of foreign objects, pursuant to Section 7051, and the reduction of the particle size of cremated remains by mechanical means including, but not limited to, grinding, crushing, and pulverizing to a consistency appropriate for disposition.

7010.5.

"Residue" means human ashes, bone fragments, prostheses, and disintegrated material from the chamber itself, imbedded in cracks and uneven spaces of a cremation chamber, that cannot be removed through reasonable manual contact with sweeping or scraping equipment. Material left in the cremation chamber, after the completion of a cremation, that can be reasonably removed shall not be considered "residue."

7010.7.

"Scattering" means the authorized dispersal of cremated remains at sea, in other areas of the state, or commingling in a defined area within a dedicated cemetery, in accordance with this part.

7011.

"Inurnment" means placing cremated remains in a cremated remains container suitable for placement, burial, or shipment.

7011.2.

"Placement" means the placing of a container holding cremated remains in a crypt, vault, or niche.

7012.

"Entombment" means the process of placing human remains in a crypt or vault.

7013.

"Burial" means the process of placing human remains in a grave.

7014.

"Grave" means a space of earth in a burial park, used, or intended to be used, for the disposition of human remains.

7015.

"Crypt" or "vault" means a space in a mausoleum of sufficient size, used or intended to be used, to entomb uncremated human remains.

7016.

"Niche" means a space in a columbarium used, or intended to be used, for the placement of cremated human remains.

7018.

"Cemetery authority" includes cemetery association, corporation sole, limited liability company, or other person owning or controlling cemetery lands or property.

7019.

"Cemetery corporation," "cemetery association," or "cemetery corporation or association," means any corporation now or hereafter organized which is or may be authorized by its articles to conduct any one or more or all of the businesses of a cemetery, but do not mean or include a corporation sole.

7020.

"Cemetery business," "cemetery businesses," and "cemetery purposes" are used interchangeably and mean any and all business and purposes requisite to, necessary for, or incident to, establishing, maintaining, operating, improving, or conducting a cemetery, interring human remains, and the care, preservation, and embellishment of cemetery property, including, but not limited to, any activity or business designed for the benefit, service, convenience, education, or spiritual uplift of property owners or persons visiting the cemetery.

7021.

"Directors" or "governing body" means the board of directors, board of trustees, or other policymaking body of a cemetery association.

7022.

"Lot," "plot," or "interment plot" means space in a cemetery, used or intended to be used for the interment of human remains. Such terms include and apply to one or more than one adjoining graves, one or more than one adjoining crypts or vaults, or one or more than one adjoining niches.

7023.

"Plot owner," "owner," or "lot proprietor," means any person in whose name an interment plot stands of record as owner, in the office of a cemetery authority.

7024.

"Permit for Disposition of Human Remains" includes "burial permit" and is a permit, issued pursuant to law, for the interment, disinterment, removal, reinterment or transportation of human remains.

7025.

"Disposition" means the interment of human remains within California, or the shipment outside of California, for lawful interment or scattering elsewhere, including release of remains pursuant to Section 103060.