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Human remains shall not be brought into the City unless a permit for their transportation, burial or cremation has been issued by the authorized agency of a municipality or county within the United States, of a state, territory or possession of the United States, the District of Columbia or of any foreign state within whose jurisdiction death or termination of pregnancy occurred. When the jurisdiction in which the event occurred does not issue such permits, the Department may accept certified copies of certificates of death or termination of pregnancy in lieu of such permits. Remains brought into the City for burial or cremation shall be dealt with pursuant to 24 RCNY Health Code § 205.13 and 24 RCNY Health Code § 205.21. Remains brought into the City in the course of transit shall not be detained for any purpose other than transshipment unless a permit is first obtained from the Department specifying where, how long and under what conditions such remains may be held, but no such permit shall be required for the uninterrupted transit or for the direct transshipment of remains. This section does not apply to the transportation of human tissues to be used for diagnostic purposes or pathological study.
(a) When human remains are buried in the ground, the top of the coffin or casket shall be at least three feet below the level of the ground, but if the coffin or casket is enclosed in a concrete or metal vault, the top of the vault shall be at least two feet below the level of the ground.
(b) General vaults in cemeteries used for the permanent burial of human remains shall be provided with crypts or cells which can be sealed, and every crypt or cell shall be sealed immediately after remains are placed in it unless the remains are enclosed in a hermetically-sealed metal or stone coffin or casket.
(c) General reception vaults in cemeteries shall be maintained in good sanitary condition.
(a) No person shall disinter a coffin or casket containing human remains or expose or disturb a mausoleum, vault, tomb, grave or other place of burial unless a disinterment permit has been issued by the Department, but this requirement does not apply during the course of a burial for which a burial permit has been obtained pursuant to 24 RCNY Health Code § 205.21. No disinterment permit is required when the disinterment is ordered by the Office of Chief Medical Examiner or the district attorney of a county within the City in the exercise of official duties. A disinterred coffin or casket containing human remains shall be prepared so as to comply with the State Sanitary Code.
(b) Disinterment permits may be issued only to funeral directors and undertakers of, if the remains are to be reburied in the same cemetery, to the person in charge of the cemetery. Application for a disinterment permit shall be made on a form furnished by the Department and submitted at any office maintained and designated by the Department for such purposes. The application shall be supported by an affidavit from the person in control of disposition or other authorized person requesting disinterment. Such affidavit shall be maintained by the funeral director or undertaker.
(c) No person, other than the chief medical examiner or the chief medical examiner's duly authorized representative, shall open a coffin or casket which has been disinterred unless the opening is ordered by a court of competent jurisdiction.
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