21 NCAC 34C .0202         REFRIGERATION

(a)  Crematory and hydrolysis licensees shall have located on its premises a refrigeration unit that:

(1)           is capable of storing at least three adult human bodies, each measuring up to seven feet in length and three hundred pounds in weight, in the holding facility;

(2)           is capable of maintaining an interior temperature of 40 degrees Fahrenheit while loaded with the maximum number of bodies for which it is designed;

(3)           has sealed concrete, stainless steel, galvanized, aluminum, or other flooring in walk-in units; and

(4)           has stainless steel, aluminum, or other non-corrosive materials for the remainder of all units.           

(b)  A refrigeration unit in compliance with Subparagraphs (a)(1)-(4) of this Rule shall satisfy a crematory or hydrolysis licensee's compliance with Paragraph (a) of this Rule if the refrigeration unit is housed in a funeral establishment, crematory, or hydrolysis licensee sharing common ownership with, and located on the same contiguous piece of property as, the crematory or hydrolysis licensee.

(c)  Unembalmed human remains retained in the custody of a crematory or hydrolysis licensee for more than 24 hours prior to cremation or hydrolysis shall be kept in a refrigeration unit. Human remains stored in a refrigeration unit, as set forth in Paragraphs (a) and (c) of this Rule, must be kept in a container that complies with G.S. 90-210.121(9)(a)-(f). The Board shall allow a crematory or hydrolysis licensee to procure and maintain one or more temporary refrigeration units. Any such temporary refrigeration unit must satisfy the requirements set forth in Subparagraphs (a)(1)-(4) of this Rule. Any such temporary refrigeration unit not located inside the crematory shall be kept locked at all times when human remains are stored inside.

(d)  Prior to using a refrigeration unit that is not located on its premises, a crematory or hydrolysis licensee shall provide the Board with a written document that sets forth the following:

(1)           the name, contact information, and license number, if applicable, of the entity that owns the property on which the refrigeration unit is located;

(2)           the physical address of the property on which the refrigeration unit is located;

(3)           the name, contact information, and license number, if applicable, of the entity responsible for maintaining the refrigeration unit that meets the requirements of Subparagraphs (a)(1)-(4) of this Rule;

(4)           certification from both the manager of the crematory and an officer, owner, member, or partner of the entity responsible for maintaining the refrigeration unit in compliance with Subparagraphs (a)(1)-(4) of this Rule, acknowledging that:

(A)          the crematory or hydrolysis licensee shall use the refrigeration unit for the storage of human remains;

(B)          the refrigeration unit complies with Subparagraphs (a)(1)-(4) of this Rule;

(C)          a log documenting the chain of possession of human remains shall be maintained, which sets forth the name of the decedent, the funeral establishment or other entity for whom the human remains are being stored, and the date and time that human remains are placed inside and removed from the refrigeration unit;

(D)          the Board inspectors shall have access to the refrigeration unit at all times; and

(E)           any licensee or permit holder that uses or maintains a refrigeration unit that is not compliant with this Rule is subject to disciplinary action pursuant to G.S. 210.25(d)(4) and 90-210.25(e)(1)(j).

History Note:        Authority G.S. 90‑210.121(9),(12); 90-210.123(g); 90‑210.134(a); 90-210.136(d),(h);

Eff. July 1, 1991;

Recodified from Rule .0201 Eff. July 7, 1992;

Amended Eff. July 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 19, 2017;

Temporary Amendment Eff. May 24, 2019;

Temporary Amendment Expired Eff. March 13, 2020;

Amended Eff. January 1, 2021;

Emergency Amendment Eff. February 19, 2021;

Temporary Amendment Eff. May 28, 2021;

Amended Eff. October 1, 2021.