Title 68 — Title 68 CEMETERIES, MORGUES, AND HUMAN REMAINS

The definitions in this chapter apply throughout this title unless the context clearly requires otherwise.[ 2019 c 432 s 1.]Notes:Effective date—2019 c 432: See note following RCW 68.05.175.

"Human remains" or "remains" means the body of a deceased person, including remains following the process of cremation, alkaline hydrolysis, or natural organic reduction. This also includes the body in any stage of decomposition.[ 2019 c 432 s 2; 2005 c 365 s 27; 1977 c 47 s 1; 1…

"Cremated human remains" means the end products of cremation.[ 2005 c 365 s 28; 1977 c 47 s 2; 1943 c 247 s 3; Rem. Supp. 1943 s 3778-3.]

"Cemetery" means: (1) Any one, or a combination of more than one, of the following, in a place used, or intended to be used for the placement of human remains and dedicated, for cemetery purposes:(a) A burial park, for earth interments.(b) A mausoleum, for crypt interments.(c) A …

"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.[ 1943 c 247 s 5; Rem. Supp. 1943 s 3778-5.]

*** CHANGE IN 2026 *** (SEE 2239-S.SL) ***"Mausoleum" means a structure or building for the entombment of human remains in crypts in a place used, or intended to be used, and dedicated, for cemetery purposes.[ 1979 c 21 s 2; 1943 c 247 s 6; Rem. Supp. 1943 s 3778-6.]

"Crematory" means a building or area of a building that houses one or more cremation chambers, to be used for the cremation of human remains.[ 2005 c 365 s 30; 1943 c 247 s 7; Rem. Supp. 1943 s 3778-7.]

*** CHANGE IN 2026 *** (SEE 2239-S.SL) ***"Columbarium" means a structure, room, or other space in a building or structure containing niches for permanent placement of human remains in a place used, or intended to be used, and dedicated, for cemetery purposes.[ 2019 c 432 s 5; 20…

*** CHANGE IN 2026 *** (SEE 2239-S.SL) ***"Interment" means the placement of human remains in a cemetery.[ 2005 c 365 s 32; 1943 c 247 s 10; Rem. Supp. 1943 s 3778-10.]

"Cremation" means the reduction of human remains to bone fragments in a crematory by means of incineration.[ 2005 c 365 s 33; 1987 c 331 s 1; 1977 c 47 s 3; 1943 c 247 s 11; Rem. Supp. 1943 s 3778-11.]Notes:Effective date—1987 c 331: See RCW 68.05.900.

"Inurnment" means placing human remains in a cemetery.[ 2019 c 432 s 6; 2005 c 365 s 34; 1943 c 247 s 12; Rem. Supp. 1943 s 3778-12.]Notes:Effective date—2019 c 432: See note following RCW 68.05.175.

"Entombment" means the placement of human remains in a crypt.[ 2005 c 365 s 35; 1943 c 247 s 13; Rem. Supp. 1943 s 3778-13.]

"Burial" means the placement of human remains in a grave.[ 1943 c 247 s 14; Rem. Supp. 1943 s 3778-14.]

"Grave" means a space of ground in a burial park, used or intended to be used, for burial.[ 1943 c 247 s 15; Rem. Supp. 1943 s 3778-15.]

"Crypt" means a space in a mausoleum for the placement of human remains.[ 2005 c 365 s 36; 1979 c 21 s 3; 1943 c 247 s 16; Rem. Supp. 1943 s 3778-16.]

"Outer burial container" means any container which is buried in the ground for the placement of human remains in the burial process. Outer burial containers include, but are not limited to vaults, lawn crypts, and liners.[ 2005 c 365 s 37; 1979 c 21 s 4.]

"Niche" means a space in a columbarium for placement of human remains.[ 2019 c 432 s 9; 2005 c 365 s 38; 1943 c 247 s 17; Rem. Supp. 1943 s 3778-17.]Notes:Effective date—2019 c 432: See note following RCW 68.05.175.

"Cemetery authority" means an entity that has obtained a certificate of authority to operate a cemetery from the funeral and cemetery board, or any other entity that operates a cemetery that is not under the jurisdiction of the funeral and cemetery board.[ 2009 c 102 s 6; 2005 c …

"Cemetery business" includes establishing, maintaining, operating, and improving a cemetery for the placement of human remains, and the care and preservation of the cemetery property.[ 2005 c 365 s 40; 1943 c 247 s 21; Rem. Supp. 1943 s 3778-21.]

"Lot" or "plot" means space in a cemetery, used or intended to be used for the interment of human remains.[ 2005 c 365 s 41; 1943 c 247 s 23; Rem. Supp. 1943 s 3778-23.]

"Owner of interment rights" means any person who is listed as the owner of record of a right or rights of interment in the office of a cemetery authority.[ 2005 c 365 s 45; 1943 c 247 s 24; Rem. Supp. 1943 s 3778-24.]

"Interment right" means the right to inter human remains in a particular space in a cemetery.[ 2005 c 365 s 42.]

"Scattering garden" means a designated area in a cemetery for the scattering of human remains.[ 2019 c 432 s 10; 2005 c 365 s 43.]Notes:Effective date—2019 c 432: See note following RCW 68.05.175.

"Scattering" means the removal of human remains from their container for the purpose of scattering the remains in any lawful manner.[ 2019 c 432 s 11; 2005 c 365 s 44.]Notes:Effective date—2019 c 432: See note following RCW 68.05.175.

"Multiple interment" means two or more human remains are buried in the ground, in outer burial enclosures or chambers, placed one on top of another, with a ground level surface the same size as a single grave or right of interment.[ 2005 c 359 s 1.]

"Alkaline hydrolysis" or "hydrolysis" means the reduction of human remains to bone fragments and essential elements in a licensed hydrolysis facility using heat, pressure, water, and base chemical agents.[ 2019 c 432 s 3.]Notes:Effective date—2019 c 432: See note following RCW 68…

"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.]Notes:Effective date—2019 c 432: See note following RCW 68.05.175.

"Natural organic reduction" means the contained, accelerated conversion of human remains to soil.[ 2019 c 432 s 7.]Notes:Effective date—2019 c 432: See note following RCW 68.05.175.

"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.]Notes:Effective date—2019 c 432: See note following RCW 68.05.175.

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 ma…

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.]Notes:Short title—1953 c 290: "This act shall be known as 'The Cemetery Act.'" [ 1953 c 290 s…

The term "board" used in this chapter means the funeral and cemetery board.[ 2009 c 102 s 7; 1953 c 290 s 27.]Notes: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.…

"Department" used in this chapter means the department of licensing.[ 1987 c 331 s 2.]

"Director" used in this chapter means the director of licensing.[ 1987 c 331 s 3.]

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.]

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 con…

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…

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 …

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; 200…

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…

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.]

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 …

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, an…

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 require…

(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 with…

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.]

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; 200…

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 b…

The board shall examine the reports filed with it as to their compliance with the requirements of the law.[ 1953 c 290 s 41.]

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.[ 2…