Colorado Funeral Directors Association (CFDA)

Colorado Funeral Directors Association
Professionalism, Standards, Compassion & Service since 1898

Operating a Funeral Establishment
in the State of Colorado

Although the State of Colorado does not license funeral directors or funeral homes, there are a number of regulations that apply and may be enforced by local district attorneys and the state Attorney General. In particular, you should consult the Mortuary Science Code, 12-54-101, Colorado Revised Statutes.

Funeral facility requirements include:

An office.

Adequate preparation room.

Necessary instruments and supplies to embalm and refrigerate dead human bodies.

Broad selection of caskets reflecting a range in price.

Disclosure requirements include:

Full disclosure of ALL available services and merchandise.

Must provide complete itemized listing of services and merchandise agreed upon.

Unlawful acts include:

To embalm and or make final disposition of a body where a crime is suspected without first contacting the coroner.

To discriminate in services because of race, creed, color, or national origin.

To refuse to release dead human body to custody of person with legal rights regardless of whether or not costs have been paid.

Informing person a casket is required when immediate cremation is desired.

To embalm without permission of family member.

Some cities and counties may require permits or special zoning review for mortuaries and/or crematoriums. You should check with each city and county where you would be doing business.

The information provided here is intended to assist, however it is not to be considered legal advice nor is it to be considered absolute. If you have legal issues, consult your attorney.

Doing Business in the State of Colorado
http://www.colorado.gov/colorado-doing-business/

Mortuary Science Code, 12-54-101, Colorado Revised Statutes
Colorado Statutes may be viewed online through www.colorado.gov and Lexis-Nexis.

Colorado Department of Public Health and Environment
Vital Records Section
4300 Cherry Creek Drive South
HSVRD-VR-A1
Denver, CO 80246-1530
Phone: 303.692.2200

Death Certificates: Registrar of Vital Statistics

Before moving body, you must ensure a death certificate has been issued. (25-2-110 and 111, C.R.S.). A funeral director or person acting as such must request a final disposition permit from local county health department. Permit must accompany body and be returned to originating authority after final disposition of body.
Colorado Revised Statute section 25-2-110 (8) states "Every funeral establishment shall maintain registration with the Office of the State Registrar." The registration process is simple: the person fills out a form with basic contact information and a central listing is maintained at the State Office that is shared with local offices. When someone comes in to file a death certificate, the office checks to see if they are on the listing. If not, they are required to register at that time.

Persons with questions about vital records may contact State Office field staff: Michelle Cowell (303-692-2183) or Bill Hersh (303-692-2179).

Hazardous Materials & Waste 303-692-3300
http://www.cdphe.state.co.us/hm/infects.pdf

Many small businesses are likely to produce hazardous wastes that require disposal under state Health Department regulations. Anyone opening these types of businesses (or others you may believe may be generating hazardous waste) should contact the Waste Management Division of the Department of Public Health & Environment.

Non-household generators of infectious waste must develop and implement an on-site infectious waste management plan appropriate for their particular facility. This plan must be available to the hauler of the waste, to the disposal facility, and to the licensing or regulatory agency. The plan must include the designation of infectious waste, provisions for the handling of that waste, staff training, contingency planning for spills or loss of containment, the designation of a person responsible for implementation of the plan, and provisions for appropriate on and off-site treatment or final disposal. [25-15-403 CRS]

Businesses transporting only human remains are not considered common carriers and therefore are not regulated by the Public Utilities Commission (PUC).

Air Pollution Control 303-692-3100
Manufacturing and business procedures frequently release chemicals, solvents, and particulate or smoke emissions into the air. If the emissions are above specified levels, Air Pollution Emission Notice (APEN) is required. $119.96 filing fee, $59.98/hr evaluation fee. Requires final approval and ongoing inspections. Annual fee based on emissions.

Any business that produces air emissions should contact the Technical Assistance Program at 303-692-3320 to determine if they are subject to APEN requirements.

Water Quality Control 303-692-3500
Pollutant discharge permits required for ALL discharges into water.

http://www.cdphe.state.co.us/wq/PermitsUnit/wqcdpmt.html

Occupational Safety & Health Administration (OSHA) – 303-844-5285 or 800-755-7090
http://www.osha.gov/SLTC/hazardoustoxicsubstances/

OSHA enforces a variety of health and safety requirements related to workplace exposure to hazardous and toxic substances, i.e., chemicals present in the workplace which are capable of causing harm. In this definition, the term chemicals includes dusts, mixtures, and common materials such as paints, fuels, and solvents. OSHA currently regulates exposure to approximately 400 substances. There are many resources related to accident prevention as well as compliance assistance on the OSHA web site.

OSHA has developed the blood borne pathogen rule in 29 CFR 1910.1030. This applies to all employees who may reasonably anticipate being occupationally exposed to blood, body fluids, and other potentially infectious materials.

http://www.osha.gov/SLTC/bloodbornepathogens/index.html

Colorado Division of Insurance 303-894-7499
Licenses anyone selling pre-need funeral services. (10-15-101 thru 121 C.R.S.)

Colorado Department of Revenue – 303-238-7378

Sales of vaults, urns, caskets, etc., are subject to state and local sales tax. See FYI Sales #9 - Sales Tax Licenses for detailed information.

http://www.revenue.state.co.us/fyi/html/sales09.html

Colorado Funeral Directors Association
P. O. Box 631664, Highlands Ranch, CO 80163-1664
Phone 303-791-2336 Fax 720-344-5297 cfda@ascentmeetings.com