Policy #08-03

October 21, 2008

Purpose:

The purpose of this policy is to offer guidance to licensee's transferring Establishment Certificates.

Policy:

239 CMR 3.06 (1) (a) requires that all licensed funeral establishments "[b]e accessible to individuals with disabilities to the extent required by all applicable provisions of the Americans with Disabilities Act (42 U.S.C. 12101 et seq., and 28 CFR Part 35) and by all applicable provisions of any other federal or state laws and regulations." In order to satisfy this requirement, the Board has required parties transferring ownership of a funeral establishment to have either an architect or the local building official having jurisdiction over the site of the funeral home certify that the building housing the funeral establishment is in compliance with "all applicable provisions of the Americans with Disabilities Act (42 U.S.C. 12101 et seq., and 28 CFR Part 35) and by all applicable provisions of any other federal or state laws and regulations." The Board will now accept certification from either an architect or the local building official having jurisdiction over the site of the funeral home certify that the building housing the funeral establishment is in compliance with 521 CMR Section 11.