Ohio Administrative Code|Rule 4717-7-02 | Requirements for funeral home licensure.

                                                
(A) At least sixty days prior to the
		  opening for business of any funeral home, thereof, the funeral director, who
		  will be actually in charge thereof, shall notify the board of such anticipated
		  opening and shall submit an application for funeral home license sworn by the
		  applicant and accompanied by the applicable fee.
(B) The board shall approve the
		  application for funeral home license, if appropriate, contingent upon the
		  receipt of an occupancy permit and inspection.
(C) A license shall not be issued to a
		  funeral home until the following management requirements are met:
(1) A funeral director
			 actually in charge of and ultimately responsible for the funeral home is
			 identified;
(2) The holder of a funeral home license
			 shall submit to the board written notification, within ten days of any
			 termination of the funeral director actually in charge of and ultimately
			 responsible for the funeral home. Except in extenuating circumstances, and with
			 approval of the board, no funeral home is to operate without a funeral director
			 actually in charge of and ultimately responsible for the funeral home for more
			 than thirty days after the written notification is filed with the board. A
			 change of the funeral director actually in charge of and ultimately responsible
			 for the funeral home requires a new license under division (A)(2) of section
			 4717.11 of the Revised Code. The funeral director who will be the actually in
			 charge and ultimately responsible of the funeral home license after the change
			 shall apply for a new funeral home license on an application form prescribed by
			 the board within thirty days of filing the written notification with the board.
			 Any funeral home that fails to comply with this rule shall cease
			 operations.
(D) A license shall not be issued to a
		  funeral home until the funeral home meets the following
		  requirements:
(1) Every funeral home
			 shall possess and keep in good working condition on the premises such equipment
			 and paraphernalia as the board deems adequate for the conduct of business and
			 the protection of the public health. All portions of a funeral home which are
			 accessible to or used by the general public shall be kept in a clean and
			 sanitary condition.
(2) If embalming will
			 take place at the funeral home, the funeral home shall maintain on the premises
			 a preparation or embalming room which shall be adequately equipped and
			 maintained in a sanitary manner for the preservation and care of dead human
			 bodies. Such rooms shall contain only the articles, facilities and instruments
			 necessary for the preparation of dead human bodies for burial or final
			 disposition and shall be kept in a clean and sanitary condition. Such rooms
			 shall be used only for the care and preparation of dead human bodies. The
			 minimal requirements for the preparation or embalming room shall be as
			 follows:
(a) Sanitary floor;
(b) All instruments and appliances used in the embalming of a
				dead human body shall be thoroughly cleansed and sterilized using an
				appropriate disinfectant immediately at the conclusion of each individual
				case;
(c) Running hot and cold water with a sink for personal
				hygiene;
(d) Exhaust fan and intake vent, permanently installed and
				operable with the capacity to change the air in the room at least fifteen times
				each hour;
(e) Sanitary plumbing connected with sewer, cesspool, septic
				tank, or other department of health approved system;
(f) Porcelain, stainless steel; metal-lined or fiberglass
				operating table;
(g) All opening windows and outside doors shall be adequately
				screened and shielded from outside viewing;
(h) All hydro-aspirators or electric aspirators shall be equipped
				with at least one air breaker;
(i) Containers for refuse, trash and soiled linens shall be
				adequately covered or sealed at all times;
(j) First-aid kit and eyewash;
(k) The embalming or preparation room shall be strictly private.
				A "private" sign shall be posted on the door(s) entering the
				preparation room. No one shall be allowed therein while the body is being
				embalmed except the embalmers, funeral directors, apprentices, officials in
				discharge of their duties, and other authorized persons;
(l) All waste materials, refuse, used bandages and cotton shall
				be destroyed in accordance with all applicable OSHA and EPA
				regulations;
(m) Every person, while engaged in actually embalming a dead
				human body, shall be attired in a clean and sanitary smock or gown covering the
				person from the neck to below the knees, shall wear impervious rubber gloves,
				and shall wear any and all items required under any applicable OSHA
				regulations;
(n) All bodies in the preparation room shall be treated with
				proper care and dignity and shall be properly covered at all
				times;
(o) Ingress and egress of the preparation room shall be situated
				so that functions in the funeral home will not impede or interfere with
				entering or exiting said room; and
(p) Sufficient emergency lighting.
(3) If embalming will not
			 take place at the funeral home, the funeral home shall maintain on the premises
			 a holding room which shall be adequately equipped and maintained in a sanitary
			 manner for the holding of dead human bodies. Such holding room shall be kept in
			 a clean and sanitary manner and used only for the holding and storage of dead
			 human bodies. The minimal requirements for the holding room shall be as
			 follows:
(a) Sanitary floor;
(b) Running hot and cold water with a sink for personal
				hygiene;
(c) All opening windows and outside doors shall be adequately
				screened and shielded from outside viewing;
(d) Containers for refuse, trash and soiled linens shall be
				adequately covered or sealed at all times;
(e) The holding room shall be strictly private. A
				"private" sign shall be posted on the door(s) entering the holding
				room. No one shall be allowed therein while the body is being held except the
				embalmers, funeral directors, apprentices, officials in discharge of their
				duties, and other authorized persons;
(f) All bodies in the holding room shall be treated with proper
				care and dignity and shall be properly covered at all times;
(g) Ingress and egress of the holding room shall be situated so
				that functions in the funeral home will not impede or interfere with entering
				or exiting said room; and
(h) If the holding room is equipped with a hydro-aspirator or
				electric aspirator, the aspirator shall be equipped with at least one air
				breaker.
(E) Upon approval of the application for
		  a funeral home license involving a facility that has not previously been
		  utilized as a licensed funeral home, the funeral director shall submit to the
		  board an occupancy permit certifying that the facility is in conformance with
		  all applicable building codes.
(F) Upon receipt of the occupancy permit
		  and prior to the opening of the funeral home, the board, any member thereof, or
		  its duly authorized inspector shall inspect such funeral home.
(G) The funeral home license shall be
		  effective upon the completion of the inspection and approval by the
		  inspector.
(H) No funeral director actually in
		  charge shall operate or participate in the operation of any such funeral home,
		  unless the board first grants its approval for such operation or participation,
		  and which shall be based upon the results or findings of the
		  inspection.
(I) License display
(1) The individual
			 funeral director's license of each licensee employed at a funeral home
			 shall be conspicuously displayed at the funeral home in such a manner that it
			 may be seen by the general public. In instances of multiple operations, the
			 license shall be displayed at the principal site of employment.
(2) The individual
			 embalmer's license of each licensee employed at a funeral home shall be
			 conspicuously displayed in a public place in that home. 
(3) The funeral home
			 facility license shall be displayed in a conspicuous place within the funeral
			 home.
(J) Actually in charge and ultimately
		  responsibly sign 
(1) The name of the
			 funeral director who is the actually in charge and ultimately responsible to
			 whom the funeral home license has been issued shall be displayed on a sign. The
			 sign must conspicuously displayed in such a manner that it may be seen by the
			 general public immediately on the outside or inside of the primary entrance to
			 the funeral home. The sign must specifically include the name of the funeral
			 director actually in charge and ultimately responsible followed by "has
			 been issued a license to operate this funeral home."The size of text
			 listing the name of the actually in charge and ultimately responsible shall be
			 a minimum of .75 inches. The size of the text "has been issued a license
			 to operate this funeral home" shall be a minimum of .5
			 inches.
(K) A holder of any individual license shall notify the
		  board in writing, within fifteen days of any change of address of licensee. The
		  actually in charge and ultimately responsible who is licensed to operate a
		  facility shall notify the board in writing within fifteen days of any change of
		  address and comply with section 4717.11 of the Revised Code and apply for a new
		  license. 
(L) The board shall have the right to examine the funeral
		  home location for which a funeral home license application has been
		  filed.
(M) When a request for a license is rejected, the board
		  shall notify the applicant of his right to a hearing. The applicant shall
		  request a hearing within thirty days of the time of mailing the notice. When
		  the applicant requests a hearing, the board shall immediately set a date, time,
		  and place for a hearing and shall notify the applicant. The date shall be
		  within fifteen days, but not earlier than seven days, after the applicant
		  requested the hearing, unless otherwise agreed to by both parties.