1. (a) A board member or its authorized designee shall conduct an inspection of the crematory premises to ensure compliance with RSA 325-A and Frl 800 at the following times:

   1. (1) After the completion of construction, but prior to the performance of cremations;
   2. (2) Within 90 days of granting approval to operate;
   3. (3) At any time after receiving approval to operate in order to determine continued compliance;
   4. (4) Upon notification of ownership change; and
   5. (5) Once every 3 years.

2. (b) A crematory owner who changes the location of his or her crematory, or who adds a crematory away from the owner’s main or primary facility, or both, or who purchases a crematory, shall request an inspection within 10 days of the close of the transaction or relocation and shall submit a notification to the board which contains:

   1. (1) The name and address of the crematory;
   2. (2) The telephone number; and
   3. (3) The name of the crematory owner(s), manager(s), and the names of all certified crematory operators employed by the crematory, and the date their certification expires.
3. (c) Upon notification from the applicant that the crematory for which the applicant has requested a license is ready for inspection, the board shall conduct an inspection pursuant to Frl 801.05.
4. (d) Once every 3 years, the board shall request a crematory authority’s consent to a routine inspection and if such consent is given the board shall conduct an inspection.
5. (e) If a request pursuant to (d) above is denied, or if the board determines it is necessary to conduct a surprise inspection, the board shall obtain an administrative warrant pursuant to RSA 595-B and shall then conduct the inspection.

6. (f) The crematory inspection report shall contain the following:

   1. (1) The name of crematory, physical address, mailing address, telephone number, fax number, crematory e-mail, and web site address, if any;
   2. (2) The crematory license number and date and time of inspection;
   3. (3) Whether the inspection is for a new license, a renewal license, a change of ownership, or a re-inspection;
   4. (4) The name of the inspector;
   5. (5) The name of crematory owner and manager;
   6. (6) The make, model, and number of cremation retorts;
   7. (7) The name of any certified crematory operator(s) and the date their certification expires;
   8. (8) Whether the crematory has established written policies and procedures in accordance with Frl 801.11 (b);
   9. (9) Whether the crematory conform to the requirements of New Hampshire department of environmental services, Env-A 100 through Env-A 4805, governing the control of air pollution pursuant to Frl 801.11 (c);
   10. (10) Whether the crematory has complied with the requirements of New Hampshire department of environmental services, Env-Sw 904 for the management of infectious waste pursuant to Frl 801.11 (d);
   11. (11) Whether the crematory maintains a holding facility in accordance with Frl 801.11 (e);
   12. (12) Whether the crematory maintains a refrigerated holding facility in accordance with Frl 801.11 (j);
   13. (13) Whether the public access is separated from the holding or refrigerated area pursuant to Frl 801.11 (k);
   14. (14) Whether the cremation chambers and retorts are maintained according to the manufacturers’ specification pursuant to Frl 801.11 (f);
   15. (15) Whether the cremation chambers and retorts are operational pursuant to Frl 801.11 (g);
   16. (16) Whether the crematory maintains a maintenance service log for each retort;
   17. (17) Whether the crematory floors are constructed of concrete and not covered with flammable material pursuant to Frl 801.11 (h) (1);
   18. (18) Whether the crematory walls and ceilings are constructed of fireproof or fire retardant materials pursuant to Frl 801.11 (h) (2);
   19. (19) Whether the crematory maintains a book of records in accordance with Frl 801.12 (f);
   20. (20) Whether the crematory maintains copies of the medical examiner’s certificate of cremation and copies of the burial transit permit for each cremation of human remains pursuant to Frl 801.12 (g);
   21. (21) Whether the crematory provides a receipt for the delivery of human remains in accordance with Frl 801.13 (d) and (e);
   22. (22) Whether the crematory maintains a record of written consent to cremate in accordance with RSA 325-A:22;
   23. (23) The date of inspection and signature of inspector; and
   24. (24) The date and signature of the crematory representative, which shall represent the crematory representative’s acknowledgement that he or she was present during the inspection.
7. (g) If a crematory meets the requirements as set forth in RSA 325-A and Frl 800, the board shall notify the crematory of the successful inspection in writing.
8. (h) Upon failure of the crematory to meet all the requirements as set forth in RSA 325-A and Frl 800, the board shall issue the crematory a written report of the deficiencies.
9. (i) The board shall reinspect a crematory that failed a previous inspection at the written request of the crematory owner.
10. (j) If an inspection, as described in (a) (2)-(3) above, finds violations of RSA 325-A or Frl 800, the owner shall submit a corrective action plan in accordance with Frl 801.09 (b).

Source. (See Revision Note at chapter heading for Frl 800) #10945, eff 10-9-15; ss by #13252, eff 8-13-21