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68.04.300
"Hydrolysis facility."
"Hydrolysis facility" means a structure, room, or other space in a building or structure containing one or more hydrolysis vessels, to be used for alkaline hydrolysis. [ 2019 c 432 s 4 .] Effective date — 2019 c 432: See note following RCW 68.05.175 .
68.04.310
"Natural organic reduction."
"Natural organic reduction" means the contained, accelerated conversion of human remains to soil. [ 2019 c 432 s 7 .] Effective date — 2019 c 432: See note following RCW 68.05.175 .
68.04.320
"Natural organic reduction facility."
"Natural organic reduction facility" means a structure, room, or other space in a building or real property where natural organic reduction of a human body occurs. [ 2019 c 432 s 8 .] Effective date — 2019 c 432: See note following RCW 68.05.175 .
68.04.900
Construction—Title applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this title, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons,...
68.05.010
Definitions.
The definitions in chapter 68.04 RCW are applicable to this chapter and govern the meaning of terms used in this chapter, except as otherwise provided. [ 2005 c 365 s 46 ; 1953 c 290 s 26 .] Short title — 1953 c 290: " This act shall be known as 'The Cemetery Act.'" [ 1953 c 290 s 55 .]
68.05.020
"Board" defined.
The term "board" used in this chapter means the funeral and cemetery board. [ 2009 c 102 s 7 ; 1953 c 290 s 27 .] Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account — 2009 c 102: See note following RCW 18.39.810 .
68.05.024
"Department" defined.
"Department" used in this chapter means the department of licensing. [ 1987 c 331 s 2 .]
68.05.028
"Director" defined.
"Director" used in this chapter means the director of licensing. [ 1987 c 331 s 3 .]
68.05.030
"Endowment care," "endowed care" defined.
The terms "endowment care" or "endowed care" used in this chapter shall include special care funds and all funds held for or represented as maintenance funds. [ 2005 c 365 s 47 ; 1987 c 331 s 4 ; 1953 c 290 s 28 .]
68.05.090
Administration and enforcement of title.
The board shall enforce and administer the provisions of chapters 68.04 through 68.50 RCW, subject to provisions of RCW 68.05.400 . The board may adopt and amend bylaws establishing its organization and method of operation. The board may refer such evidence as may be available concerning violations of chapters 68.04 th...
68.05.095
Program administrator or manager.
The director, in consultation with the board, may employ and prescribe the duties of the program administrator or manager. The program administrator or manager must have a minimum of five years' experience in either cemetery or funeral management, or both, unless this requirement is waived by the board. [ 2009 c 102 s ...
68.05.100
Rules.
The board may establish necessary rules for the enforcement of this title and the laws subject to its jurisdiction. The board shall prescribe the application forms and reports provided for in this title. [ 2009 c 102 s 9 ; 2005 c 365 s 52 ; 1993 c 43 s 3 ; 1987 c 331 s 9 ; 1985 c 402 s 8 ; 1953 c 290 s 36 .] Funeral di...
68.05.105
Authority of the board.
In addition to the authority in RCW 18.235.030 , the board has the following authority under this chapter: (1) To adopt, amend, and rescind rules necessary to carry out this title; and (2) To adopt standards of professional conduct or practice. [ 2009 c 102 s 10 ; 2005 c 365 s 53 ; 2002 c 86 s 316 ; 1987 c 331 s 10 .] ...
68.05.115
Sale or transfer of cemetery authority or creation of a new cemetery—Penalty for noncompliance.
Prior to the sale or transfer of ownership or control of any cemetery authority or the creation of a new cemetery, any person or entity desiring to acquire such ownership or control or to create a new cemetery shall apply in writing to the board for a new certificate of authority to operate a cemetery. The board shall ...
68.05.120
Actions to enforce law—Attorney general.
The board is authorized to bring actions to enforce the provisions of the law subject to its jurisdiction, in which actions it shall be represented by the attorney general. [ 1953 c 290 s 38 .]
68.05.150
Examination of funds—Powers, duties.
In making such examination the board: (1) Shall have free access to the books and records relating to the endowment care funds and prearrangement trust funds; (2) Shall inspect and examine the endowment care funds and prearrangement trust funds to determine their condition and the status of the investments; and (3) Sha...
68.05.155
Prearrangement sales license.
To enter into prearrangement contracts as defined in RCW 68.46.010 , a cemetery authority shall have a valid prearrangement sales license. To apply for a prearrangement sales license, a cemetery authority shall: (1) File with the board its request showing: (a) Its name, location, and organization date; (b) The kinds of...
68.05.160
Action required when authority fails to deposit minimum endowment amount or comply with prearrangement contract provisions.
If any examination made by the board, or any report filed with it, shows that there has not been collected and deposited in the endowment care funds the minimum amounts required by this title, or if the board finds that the cemetery authority has failed to comply with the requirements of this chapter and chapter 68.46 ...
68.05.170
Order requiring reinvestment in compliance with title—Actions for preservation and protection.
(1) Whenever the board finds, after notice and hearing, that any endowment care funds have been invested in violation of this title, it may by written order mailed to the person or body in charge of the fund require the reinvestment of the funds in conformity with this title within the period specified by it which shal...
68.05.173
Revocation, suspension of certificate or license.
Upon violation of any of the provisions of this title, the board may revoke or suspend the certificate of authority or any other license issued by the board. [ 2005 c 365 s 57 ; 1987 c 331 s 24 ; 1953 c 290 s 49 . Formerly RCW 68.05.250 .]
68.05.175
License or endorsement required for cremation, alkaline hydrolysis, and natural organic reduction.
A license or endorsement issued under chapter 18.39 RCW is required in order to operate a crematory or conduct a cremation, operate or conduct alkaline hydrolysis, operate or conduct natural organic reduction, or operate a natural organic reduction facility. [ 2019 c 432 s 12 ; 2009 c 102 s 11 ; 1987 c 331 s 13 ; 1985 ...
68.05.180
Annual report of authority—Contents—Verification.
Each cemetery authority in charge of cemetery endowment care funds shall annually, and within ninety days after the end of the calendar or fiscal year of the cemetery authority, file with the board a written report in form and content prescribed by the board. These reports shall be verified by the president or vice pre...
68.05.190
Examination of reports.
The board shall examine the reports filed with it as to their compliance with the requirements of the law. [ 1953 c 290 s 41 .]
68.05.195
Burial or scatter of human remains—Permit.
Any person other than persons defined in RCW 68.50.160 who buries or scatters human remains by land, air, or sea or performs any other disposition of human remains outside of a cemetery must have a permit issued in accordance with RCW 68.05.100 and are subject to that section. [ 2019 c 432 s 13 ; 2005 c 365 s 58 ; 1987...
68.05.205
Fees.
The director with the consent of the board must set all fees for chapters 18.39 , 68.05, 68.20, 68.24, 68.28, 68.32, 68.36, 68.40, 68.44, and 68.46 RCW in accordance with RCW 43.24.086 , including fees for licenses, certificates, regulatory charges, permits, or endorsements, and the department must collect the fees. [ ...
68.05.210
Proof of applicant's compliance with laws and financial responsibility.
The board may require such proof as it deems advisable concerning the compliance by such applicant to all the laws, rules, regulations, ordinances and orders applicable to it. The board shall also require proof that the applicant and its officers and directors are financially responsible, in order that only cemeteries ...
68.05.215
Certificates—Regulatory charges—Expiration.
The regulatory charges for cemetery certificates at all periods of the year are the same as provided in this chapter. All regulatory charges are payable at the time of the filing of the application and in advance of the issuance of the certificates. All certificates shall be issued for the year and shall expire at midn...
68.05.225
Sales licenses—Terms—Fees.
All prearrangement sales licenses issued under this chapter shall be issued for the year and shall expire at midnight, the 31st day of March of each year, or at whatever time during any year that ownership or control of any cemetery authority is transferred or sold. The director, in accordance with RCW 43.24.086 , shal...
68.05.235
Reports—Failure to file.
(1) Each authorized cemetery authority shall, within ninety days after the close of its accounting year, file with the board an endowment care trust fund report and a prearrangement trust fund report for the preceding year. The reports shall be on such forms and shall contain such information as required by this chapte...
68.05.240
Interment, certificate of authority required—Penalty.
It shall be a misdemeanor for any cemetery authority to make any interment without a valid, unsuspended certificate of authority. Each interment shall be a separate violation. [ 2005 c 365 s 63 ; 1953 c 290 s 52 .]
68.05.245
Crematory permits, licenses, or endorsements—Terms—Fees.
(1) All permits, licenses, or endorsements issued under this chapter must be issued for the year and expire at midnight, the 31st day of March of each year, or at whatever time during any year that ownership or control of any cemetery authority that operates such facility is transferred or sold. (2) The director must s...
68.05.254
Examination of endowment funds and prearrangement trust funds.
(1) The board shall examine the endowment care and prearrangement trust fund or funds of a cemetery authority: (a) Whenever it deems necessary, but at least once every three years after the original examination except where the cemetery authority is either required by the board to, or voluntarily files an annual financ...
68.05.259
Payment of examination expenses.
If any cemetery authority refuses to pay any examination expenses within thirty days of completion of the examination or refuses to pay certain examination expenses in advance as required by the department for cause, the board may take disciplinary action against any existing certificate of authority. [ 2005 c 365 s 66...
68.05.290
Board members' immunity from suits.
Members of the board shall be immune from suit in any action, civil or criminal, based upon any official acts performed in good faith as members of the board. The state shall defend, indemnify, and hold the members of the board harmless from all claims or suits arising in any manner from such acts. Expenses incurred by...
68.05.300
Unprofessional conduct—Disciplinary action.
In addition to the unprofessional conduct described in RCW 18.235.130 , the board may take disciplinary action if the cemetery authority: (1) Fails to comply with any provision of this chapter or any proper order or regulation of the board; (2) Is found by the board to be in such condition that further execution of pre...
68.05.310
Prearrangement sales—Disciplinary action.
No cemetery authority whose prearrangement sales license has been the subject of disciplinary action shall be authorized to enter into prearrangement contracts unless specifically authorized by the board and only upon full compliance with the conditions required by the board. Any prearrangement sale by an unlicensed ce...
68.05.320
Board action against authorities—Administrative procedures.
(1) The board or its authorized representative may issue and serve upon a cemetery authority a notice of charges if in the opinion of the board or its authorized representative the cemetery authority: (a) Is engaging in or has engaged in practices likely to endanger the future delivery of cemetery merchandise or servic...
68.05.330
Violation—Penalty—Unfair practice—Other laws applicable.
Unless specified otherwise in this title, any person who violates or aids or abets any person in the violation of any of the provisions of this title shall be guilty of a class C felony punishable under chapter 9A.20 RCW. A violation shall constitute an unfair practice under chapter 19.86 RCW and shall be grounds for d...
68.05.340
Board action against authorities—Cease and desist orders.
Whenever the board or its authorized representative determines that a cemetery authority is in violation of this title or that the continuation of acts or practices of the cemetery authority is likely to cause insolvency or substantial loss of assets or earnings of the cemetery authority's endowment care or prearrangem...
68.05.350
Delaying board action pending administrative proceedings.
Within ten days after a cemetery authority has been served with a temporary cease and desist order issued under RCW 68.05.320 , the cemetery authority may apply to the superior court in the county of its principal place of business for an injunction setting aside, limiting, or suspending the order pending completion of...
68.05.360
Board action against authorities—Hearing location—Decision—Review.
Any administrative hearing under RCW 68.05.320 may be held at such place as is designated by the board and shall be conducted in accordance with chapter 34.05 RCW. Within sixty days after the hearing the board shall render a decision which shall include findings of fact upon which the decision is based and shall issue ...
68.05.370
Board action against authorities—Enforcement of orders.
The board may apply to the superior court of the county of the principal place of business of the cemetery authority affected for enforcement of any effective and outstanding order issued under RCW 68.05.320 or 68.05.340 , and the court shall have jurisdiction to order compliance with the order. [ 1987 c 331 s 31 ; 197...
68.05.400
Exemptions from chapter.
The provisions of this chapter do not apply to any of the following: (1) Nonprofit cemeteries which are owned or operated by any recognized religious denomination which qualifies for an exemption from real estate taxation under RCW 84.36.020 on any of its churches or the ground upon which any of its churches are or wil...
68.05.430
Uniform regulation of business and professions act.
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. [ 2002 c 86 s 326 .] Effective dates — 2002 c 86: See note following RCW 18.08.340 . Part headings not law — Severability — 20...
68.05.900
Effective date—1987 c 331.
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987. [ 1987 c 331 s 91 .]
68.20.010
Incorporation required.
It is unlawful for any corporation, copartnership, firm, trust, association, or individual to engage in or transact any of the businesses of a cemetery within this state except by means of a corporation duly organized for that purpose. [ 1943 c 247 s 42 ; Rem. Supp. 1943 s 3778-42.]
68.20.020
Corporations, how organized.
Any private corporation authorized by its articles so to do, may establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or without profit to its members or stockholders. A nonprofit cemetery corporation may be organized in the manner provided in c...
68.20.030
Powers of existing corporations enlarged.
The powers, privileges and duties conferred and imposed upon any corporation, firm, copartnership, association, trust, or individual, existing and doing business under the laws of this state, are hereby enlarged as each particular case may require to conform to the provisions of *this act. [ 1943 c 247 s 45 ; Rem. Supp...
68.20.040
Prior corporations not affected.
The provisions of *this act do not affect the corporate existence or rights or powers of any cemetery organized under any law then existing prior to June 9, 1943, and as to such cemeteries and their rights, powers specified in their charters or articles of incorporation, the laws under which the corporation was organiz...
68.20.050
General powers of cemetery corporations.
Unless otherwise limited by the law under which created[,] cemetery authorities shall in the conduct of their business have the same powers granted by law to corporations in general, including the right to contract such pecuniary obligations within the limitation of general law as may be required, and may secure them b...
68.20.060
Specific powers—Rule making and enforcement.
A cemetery authority may make, adopt, amend, add to, revise, or modify, and enforce rules and regulations for the use, care, control, management, restriction and protection of all or any part of its cemetery and for the other purposes specified in RCW 68.20.061 through 68.20.067 , 68.20.070 and * 68.48.080 . [ 1943 c 2...
68.20.061
Specific powers—Control of property.
It may restrict and limit the use of all property within its cemetery, including interment rights. [ 2005 c 365 s 71 ; 1943 c 247 s 47 ; Rem. Supp. 1943 s 3778-47. Formerly RCW 68.20.060 , part.]
68.20.062
Specific powers—Regulation as to type of markers, monuments, etc.
It may regulate the uniformity, class, and kind of all markers, monuments, and other structures within the cemetery and its subdivisions. [ 1943 c 247 s 48 ; Rem. Supp. 1943 s 3778-48. Formerly RCW 68.20.060 , part.]
68.20.063
Specific powers—Regulation or prohibition as to the erection of monuments, effigies, etc.
It may regulate or prohibit the erection of monuments, markers, effigies, and structures within any portion of the cemetery. [ 1943 c 247 s 49 ; Rem. Supp. 1943 s 3778-49. Formerly RCW 68.20.060 , part.]
68.20.064
Specific powers—Regulation of plants and shrubs.
It may regulate or prevent the introduction or care of plants or shrubs within the cemetery. [ 1943 c 247 s 50 ; Rem. Supp. 1943 s 3778-50. Formerly RCW 68.20.060 , part.]
68.20.065
Specific powers—Prevention of interment.
It may prevent interment in any part of the cemetery of human remains not entitled to interment and prevent the use of interment plots for purposes violative of its restrictions or rules and regulations. [ 1943 c 247 s 51 ; Rem. Supp. 1943 s 3778-51. Formerly RCW 68.20.060 , part.]
68.20.066
Specific powers—Prevention of improper assemblages.
It may regulate the conduct of persons and prevent improper assemblages in the cemetery. [ 1943 c 247 s 52 ; Rem. Supp. 1943 s 3778-52. Formerly RCW 68.20.060 , part.]
68.20.067
Specific powers—Rules and regulations for general purposes.
It may make and enforce rules and regulations for all other purposes deemed necessary by the cemetery authority for the proper conduct of the business of the cemetery, for the transfer of any plot or the right of interment, and the protection and safeguarding of the premises, and the principles, plans, and ideals on wh...
68.20.070
Rules and regulations—Posting.
The rules and regulations made pursuant to RCW 68.20.060 shall be plainly printed or typewritten and maintained subject to inspection in the office of the cemetery authority or in such place or places within the cemetery as the cemetery authority may prescribe. [ 1943 c 247 s 54 ; Rem. Supp. 1943 s 3778-54. FORMER PART...
68.20.080
Cities and counties may regulate cemeteries.
Cities and counties are authorized to enact ordinances regulating or prohibiting the establishment of new cemeteries or the extension of existing ones and to give power to local planning commissions to pass upon and make recommendations to local legislative bodies concerning the establishment or extension of cemeteries...
68.20.110
Nonprofit cemetery association—Tax exempt land.
Nonprofit cemetery associations shall be authorized to purchase or take by gift or devise, and hold land exempt from execution and from any appropriation to public purposes for the sole purpose of a cemetery not exceeding eighty acres, which shall be exempt from taxation if intended to be used exclusively for burial pu...
68.20.120
Sold lots exempt from taxes, etc.—Nonprofit associations.
Burial lots, sold by *such association shall be for the sole purpose of interment, and shall be exempt from taxation, execution, attachment or other claims, lien or process whatsoever, if used as intended, exclusively for burial purposes and in nowise with a view to profit. [ 1899 c 33 s 5 ; RRS s 3768. Formerly RCW 68...
68.20.140
Certain cemeteries exempt from chapter.
This chapter does not apply to any cemetery controlled and operated by a coroner, county, city, town, or cemetery district. [ 1987 c 331 s 33 .] Effective date — 1987 c 331: See RCW 68.05.900 .
68.24.010
Right to acquire property.
Cemetery authorities may take by purchase, donation, or devise, property consisting of lands, mausoleums, cremation, alkaline hydrolysis, or natural organic reduction facilities, and columbariums, or other property within which the placement of human remains may be authorized by law. [ 2019 c 432 s 17 ; 2005 c 365 s 73...
68.24.020
Surveys and maps.
Every cemetery authority, from time to time as its property may be required for cemetery purposes, shall: (1) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks, or other subdivisions; make a good and substantial map or plat showing the sections, plots, avenues, walks or other subdivi...
68.24.030
Declaration of dedication and maps—Filing.
The cemetery authority shall file the map or plat in the office of the recorder of the county in which all or a portion of the property is situated. The cemetery authority shall also file for record in the county recorder's office a written declaration of dedication of the property delineated on the plat or map, dedica...
68.24.040
Dedication, when complete.
Upon the filing of the map or plat and the filing of the declaration for record, the dedication is complete for all purposes and thereafter the property shall be held, occupied, and used exclusively for a cemetery and for cemetery purposes. [ 1943 c 247 s 64 ; Rem. Supp. 1943 s 3778-64.]
68.24.050
Constructive notice.
The filed map or plat and the recorded declaration are constructive notice to all persons of the dedication of the property to cemetery purposes. [ 1943 c 247 s 66 ; Rem. Supp. 1943 s 3778-66.]
68.24.060
Maps and plats—Amendment.
Any part or subdivision of the property so mapped and plotted may, by order of the directors, be resurveyed and altered in shape and size and an amended map or plat filed, so long as such change does not disturb the interred remains of any deceased person. [ 1943 c 247 s 65 ; Rem. Supp. 1943 s 3778-65.]
68.24.070
Permanency of dedication.
After property is dedicated to cemetery purposes pursuant to RCW 68.24.010 through 68.24.060 , neither the dedication, nor the title of a plot owner, shall be affected by the dissolution of the cemetery authority, by nonuser on its part, by alienation of the property, by any incumbrances, by sale under execution, or ot...
68.24.080
Rule against perpetuities, etc., inapplicable.
Dedication to cemetery purposes pursuant to *this act is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, but is expressly permitted and shall be deemed to be in respect for the dead, a provision for the placement of human remains, and a...
68.24.090
Removal of dedication—Procedure.
Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery authority for that...
68.24.100
Notice of hearing.
The notice of hearing provided in RCW 68.24.090 shall be given by publication once a week for at least three consecutive weeks in a newspaper of general circulation in the county where said cemetery is located, and the posting of copies of the notice in three conspicuous places on that portion of the property from whic...
68.24.110
Sale of plots or rights of interment.
After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots or rights of interment subject to the rules in effect or thereafter adopted by the cemetery authority. Plots or rights of interment may be subject to other limitations, conditions, and restrictions a...
68.24.115
Execution of conveyances.
All conveyances made by a cemetery authority shall be signed by such officer or officers as are authorized by the cemetery authority. [ 1943 c 247 s 72 ; Rem. Supp. 1943 s 3778-72. Formerly RCW 68.24.110 , part.]
68.24.120
Plots or rights of interment indivisible.
All plots or rights of interment, the use of which has been conveyed by deed or certificate of ownership as a separate plot or right of interment, are indivisible except with the consent of the cemetery authority, or as provided by law. [ 2005 c 365 s 78 ; 1943 c 247 s 71 ; Rem. Supp. 1943 s 3778-71.]
68.24.130
Sale for resale prohibited—Penalty.
It shall be unlawful for any person, firm, or corporation to sell or offer to sell a cemetery plot or right of interment upon the promise, representation, or inducement of resale at a financial profit. Each person violating this section shall be guilty of a misdemeanor and each violation shall constitute a separate off...
68.24.140
Commission on sales prohibited—Penalty.
It shall be unlawful for a cemetery authority to pay or offer to pay to any person, firm, or corporation, directly or indirectly, a commission or bonus or rebate or other thing of value for the sale of a plot, right of interment, or services. This shall not apply to an owner or a person regularly employed by the cemete...
68.24.150
Unlawful employment of others to dispose of human remains.
Every person who pays, causes to be paid, or offers to pay to any other person, firm, or corporation, directly or indirectly, except as provided in RCW 68.24.140 , any commission, bonus, or rebate, or other thing of value in consideration of recommending or causing the disposition of human remains in any cremation, alk...
68.24.160
Liens subordinate to dedication.
All mortgages, deeds of trust, and other liens placed upon property which has been dedicated as a cemetery, or which is afterwards dedicated to cemetery purposes pursuant to this section, shall not affect or defeat the dedication. The mortgage, deed of trust, or other lien is subject and subordinate to the dedication. ...
68.24.170
Record of ownership and transfers.
A record shall be kept of the ownership of all plots or rights of interment in the cemetery, which have been conveyed by the cemetery authority and of all transfers of plots and rights of interment in the cemetery. No transfer of any plot or right of interment, shall be complete or effective until recorded on the books...
68.24.180
Opening of roads, railroads through cemetery—Consent required.
After dedication under this title, and as long as the property remains dedicated to cemetery purposes, a railroad, street, road, alley, pipe line, pole line, or other public thoroughfare or utility shall not be laid out, through, over, or across any part of it without the consent of the cemetery authority or of not les...
68.24.190
Opening road through cemetery—Penalty.
Every person who shall make or open any road, or construct any railway, turnpike, canal, or other public easement over, through, in, or upon any property used for the burial of human remains, without authority of law or the consent of the owner, shall be guilty of a misdemeanor. [ 2005 c 365 s 85 ; 1909 c 249 s 241 ; R...
68.24.220
Burying place exempt from execution.
Whenever any part of such burying ground shall have been designated and appropriated by the owners as the burying place of any particular person or family, the same shall not be liable to be taken or disposed of by any warrant, execution, tax, or debt whatever; nor shall the same be liable to be sold to satisfy the dem...
68.24.240
Certain cemetery lands exempt from taxes, etc.—1901 c 147.
Upon compliance with the requirements of *this act said lands shall forever be exempt from taxation, judgment and other liens and executions. [ 1901 c 147 s 4 ; RRS s 3763.] *Reviser's note: "this act" appears in 1901 c 147, the remaining sections of which were repealed by 1943 c 247 s 148 . These sections read as foll...
68.24.250
Cemetery arrangements, notice requirements—Disclosure of multiple interment.
(1) Every cemetery shall disclose and give to the person making cemetery arrangements a written statement, contract, or other document that indicates all the items of property, merchandise, and service that the customer is purchasing, and the price of those items. (2) Any cemetery offering single burial use of multiple...
68.28.010
Sections applicable to mausoleums, columbariums, etc.
RCW 68.28.020 through 68.28.070 , 68.20.080 , * 68.20.090 , 68.56.040 , and 68.56.050 , apply to all buildings, mausoleums, and columbariums used or intended to be used for the placement of the human remains of fifteen or more persons, whether erected under or above the surface of the earth, where any portion of the bu...
68.28.020
Building converted to use for human remains placement.
A building not erected for, or which is not used as, a place for placement of human remains which is converted or altered for such use is subject to *this act. [ 2005 c 365 s 88 ; 1943 c 247 s 135 ; Rem. Supp. 1943 s 3778-135.] *Reviser's note: For "this act," see note following RCW 68.04.020 .
68.28.030
Standards of construction.
No building or structure intended to be used for the placement of human remains shall be constructed, and a building not used for the placement of human remains shall not be altered for use or used for interment purposes, unless constructed of such material and workmanship as will ensure its durability and permanence a...
68.28.040
Fireproof construction.
All mausoleums or columbariums hereafter constructed shall be of class A fireproof construction. [ 1943 c 247 s 137 ; Rem. Supp. 1943 s 3778-137.]
68.28.050
Ordinances and specifications to be complied with.
If the proposed site is within the jurisdiction of a city having ordinances and specifications governing class A construction, the provisions of the local ordinances and specifications shall not be violated. [ 1943 c 247 s 138 ; Rem. Supp. 1943 s 3778-138.]
68.28.060
Improper construction a nuisance—Penalty.
Every owner or operator of a mausoleum or columbarium erected in violation of *this act is guilty of maintaining a public nuisance. A violation of this section is a gross misdemeanor. [ 2005 c 365 s 90 ; 2003 c 53 s 306 ; 1943 c 247 s 140 ; Rem. Supp. 1943 s 3778-140.] *Reviser's note: For "this act," see note followin...
68.28.065
Court to fix costs.
The costs, expenses and disbursements shall be fixed by the court having jurisdiction of the case. [ 1943 c 247 s 141 ; Rem. Supp. 1943 s 3778-141.]
68.28.070
Construction in compliance with existing laws.
The penalties of *this act shall not apply as to any building which, at the time of construction was constructed in compliance with the laws then existing, if its use is not in violation of the laws for the protection of public health. [ 1943 c 247 s 142 ; Rem. Supp. 1943 s 3778-142.] *Reviser's note: For "this act," s...
68.32.010
Presumption as to title.
All plots or rights of interment conveyed to individuals are presumed to be the sole and separate property rights of the owner named in the instrument of conveyance. [ 2005 c 365 s 91 ; 1943 c 247 s 88 ; Rem. Supp. 1943 s 3778-88.]
68.32.020
Vested right of spouse or state registered domestic partner.
The spouse or state registered domestic partner , of an owner of any plot or right of interment containing more than one placement space has a vested right of placement in the plot and any person thereafter becoming the spouse or state registered domestic partner , of the owner has a vested right of placement in the pl...
68.32.030
Vested right—Termination.
No conveyance or other action of the owner without the written consent of the spouse or state registered domestic partner , of the owner divests the spouse or state registered domestic partner , of a vested right of placement. A final decree of divorce between them or certification of termination of the state registere...
68.32.040
Descent of title to plot or right of interment.
If no placement is made in a plot or right of interment, which has been transferred by deed or certificate of ownership to an individual owner, the title descends to the surviving spouse or state registered domestic partner. If there is no surviving spouse or state registered domestic partner, the title descends to the...
68.32.050
Affidavit as authorization.
An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the use of the plot or right of interment pursuant to RCW 68.32.010 through 68.32.040 , is complete authorization to the cemetery authority to permit the use of the u...
68.32.060
Family plot—Sale.
Whenever an interment of the human remains of a member or of a relative of a member of the family of the record owner or of the remains of the record owner is made in a plot transferred by deed or certificate of ownership to an individual owner and both the owner and the surviving spouse or state registered domestic pa...