North Dakota Administrative Code

1. An elevator contractor is an individual responsible to adhere to all laws and rules of the North Dakota conveyance standards and has shown proof of liability insurance and provide proof of five years of practical elevator installations and other qualifications as required by t…

An elevator apprentice is an individual who works directly under the supervision of a licensed elevator mechanic or elevator contractor. An applicant who has prior experience outside of the state of North Dakota may verify the practical experience obtained in order to apply credi…

1. A licensed elevator contractor shall supervise the individuals installing conveyance equipment which may work as an apprentice under a licensed elevator mechanic may not allow an apprentice to work on any installation without direct constant supervision by a North Dakota licen…

1. Registration of existing conveyances. On or before January 1, 2026, the owner of every existing elevator or other conveyance subject to this chapter shall register with the board each such conveyance, unless it is a new conveyance. 2. Registration of new conveyances. The owner…

1. A permit, issued in accordance with the requirements of this section, is required for any work involving constructing, installing, altering, replacing, dismantling, demolishing, or removing from service elevators or other conveyances covered by this chapter. 2. a. Permits requ…

1. Contractor compliance certification. Subsequent to installation, the elevator contractor responsible for the work shall certify compliance with the applicable sections of this chapter and applicable industry codes and standards, as adopted by the board. 2. Equipment certificat…

1. It is the responsibility of the owner of all elevators and other conveyances to ensure that all equipment subject to this chapter conforms to the following inspection and testing requirements: a. New or altered conveyances shall be inspected and tested in accordance with ASME …

1. The conveyance inspection fee must be based on the total amount of the contract or total cost to the owner, including extras. 2. The elevator contractor is responsible to collect the proper inspection fee on each installation, repair, update or annual inspection of conveyance …

1. History. The 1905 legislative assembly enacted legislation providing for a state board of embalmers and regulating the licensure and practice of embalming. The 1963 legislative assembly enacted legislation empowering the board of embalmers to license and regulate funeral estab…

All licensees shall comply with the requirements of this title and laws on the practice of funeral service, and the laws, rules, and regulations of the state department of health, for the purpose of protecting the public health. History: Amended effective May 1, 1993; May 1, 1998…

The provisions of this title are separable and if any part or provision of this title shall be held unenforceable, unconstitutional, or invalid, the holding shall not affect or invalidate any other provision or part of this title. General Authority: NDCC 43-10-05 Law Implemented:…

Repealed effective May 1, 1998.

Each licensee shall promptly notify the executive secretary of the board of any change in the licensee's address. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05

Each license or certification of registration issued by the board must be conspicuously displayed at all times in the holder's place of business. "Conspicuously display" means in a location where a member of the general public within the holder's place of business will be able to…

Upon receipt of satisfactory evidence that a license or certificate has been lost, mutilated, or destroyed the board shall issue a duplicate license or certificate upon payment of a fee of ten dollars. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implement…

Any licensee desiring to change the name appearing on the licensee's license may do so by applying to the board and paying a fee of ten dollars. History: Effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-15.3 2…

The terms in this title have the same meaning as in North Dakota Century Code section 43-10-01 unless the context or subject matter otherwise requires, except: 1. "Assistant" means a nonprofessional providing assistance to a funeral practitioner under the direct and immediate sup…

All funeral directors shall contact either prime health care facilities in their area or waste disposition companies established to handle wastes to arrange suitable disposition. Every preparation room shall be provided with proper and convenient receptacles for refuse. Waste mat…

Every preparation room must be equipped with a sanitary embalming table with running water. Every plumbing fixture, receptacle, and water supply tank must be provided with a proper air gap or backflow device to prevent backflow into the water supply. All plumbing must comply with…

All instruments and appliances used in the embalming of a dead human body must be thoroughly cleansed and sterilized by a federally approved germicidal solution immediately at the conclusion of each individual case or autoclave, or both. History: Amended effective May 1, 1993; Ma…

All funeral establishments shall be kept and maintained in a clean and sanitary condition and all embalming tables, hoppers, sinks, receptacles, instruments, and other appliances used in the embalming of dead human bodies shall be thoroughly cleansed and disinfected immediately a…

Every person, while engaged in actual embalming, shall be attired in a clean and disposable sanitary smock or gown and shall, while so engaged, wear rubber impervious gloves, disposable facial mask or safety shield, and disposable shoe covers. History: Amended effective May 1, 19…

The serving of food or alcoholic beverages to the public in connection with or in conjunction with any part of the funeral service operation shall comply with all state and local laws and regulations. 2 History: Amended effective April 1, 2005. General Authority: NDCC 43-10-05, 4…

The preparation of all bodies of persons dead from any cause shall be entirely private, and no one shall be allowed in the embalming room except funeral practitioners, intern embalmers, a student enrolled in a premortuary of science program, and medical or law enforcement personn…

Shipment of bodies shall be done in compliance with shipping regulations of the state department of health and any other applicable state or federal laws or regulations. History: Amended effective July 1, 1983; May 1, 1993; May 1, 1998. General Authority: NDCC 43-10-05, 43-10-06 …

A licensed practitioner may not refuse service to anyone because of a significant contagious or infectious disease. Refusal of any licensed practitioner to provide service to anyone because of a significant contagious or infectious disease may result in disciplinary action. Histo…

An application for license to practice funeral service shall be made on a form provided by the board. The application shall contain the person's full name, age, place of residence, recent photograph, and any other information required by the board. The application shall be accomp…

To qualify for a license to practice funeral service, the applicant shall meet all of the following requirements: 1. Be of good moral character. 2. Furnish evidence of successful completion of an accredited four-year high school course of study. 3. One of the following: a. Furnis…

1. To be licensed, an applicant shall pass the national board examination offered by the international conference of funeral service examining boards and the North Dakota laws and rules examination. 2. The North Dakota laws and rules examination is administered by the division of…

Repealed effective January 1, 2015.

1. Licenses expire after December thirty-first of every year. 2. Licenses may be renewed by December thirty-first by submitting a renewal application and a renewal fee of one hundred dollars, provided the funeral practitioner's license is not revoked or grounds for denial under N…

1. An applicant, licensed in good standing in another jurisdiction to practice embalming and funeral directing, may be licensed if the requirements for licensure in the other jurisdiction are at least as stringent as the requirements in North Dakota. 2. The applicant shall pay a …

1. Application. The application for registration as an intern embalmer shall be made upon a form approved by the board and verified by the applicant and accompanied by a fee of fifty dollars. The application shall include the name and home address of the intern embalmer, the date…

1. Intern embalmers may only practice funeral service under the direct supervision of a North Dakota funeral practitioner. 2. An intern embalmer may be registered under only one funeral practitioner at any given time and may be directed and supervised only by the funeral practiti…

Repealed effective May 1, 1998.

Repealed effective May 1, 1998. 4

1. Application for license. An application for licensing of a funeral establishment, except a funeral chapel, must be made on a form provided by the board and be accompanied by a fee of one hundred dollars. 2. License renewal. A funeral establishment license expires after Decembe…

All funeral establishments, except funeral chapels, must contain a preparation and embalming room and office space for making arrangements. A preparation and embalming room must meet all of the following requirements: 1. Be of sufficient size and dimensions to accommodate a prepa…

A private funeral will be required only under unusual circumstances, such as when a death caused by a communicable disease which the spread can be controlled by immunization occurs in a family which is a member of a group whose beliefs are opposed to immunizations, and thus the d…

Funeral practitioners shall comply with 16 CFR part 453 and all other federal laws applicable to the practice of funeral service. A failure to do so is grounds for disciplinary action. History: Amended effective May 1, 1993; May 1, 1998. General Authority: NDCC 43-10-05 Law Imple…

1. It is the duty of all licensed funeral service practitioners to be familiar with 16 CFR part 453, Federal Trade Commission Trade Regulation Rule for Funeral Industry Practices, and to abide by these rules. 2. The board can review present and past cases of any and all funeral h…

A funeral practitioner may only enucleate eyes in accordance with the terms of the North Dakota anatomical gift act. History: Effective May 1, 1993; amended effective May 1, 1998. General Authority: NDCC 43-10-05 Law Implemented: NDCC 43-10-05 1…

An application to license a crematorium must be made on a form provided by the board and include the application fee of one hundred dollars. The license expires after December thirty-first of every year, and may be renewed by submitting a renewal application and the renewal fee o…

A crematory must consist of: 1. A building or structure that complies with applicable local and state building codes, zoning laws and ordinances, and environmental standards, containing one or more cremation chambers or retorts for the cremation of dead human bodies; 2. A motoriz…

Any crematorium in the state of North Dakota shall comply with all criteria of federal and state law regarding environmental impact on the area in which it is located, including interior design and placement of the crematoria retort which must be installed in accordance with the …

Repealed effective May 1, 1998.

Any crematorium in the state of North Dakota for the disposition of human remains through the process of cremation must be open for inspection by any authorized representative of the North Dakota state department of health, or any representative of the board. History: Effective M…