2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 523I - IOWA CEMETERY ACT
523I.305 - MEMORIALS AND MEMORIALIZATION.

        523I.305  MEMORIALS AND MEMORIALIZATION.
         1.  Authorization.  A cemetery is entitled to determine
      whether a person requesting installation of a memorial is authorized
      to do so, to the extent that this can be determined from the records
      of the cemetery, as is consistent with the cemetery's rules.  The
      owner of an interment space or the owner's agent may authorize a
      memorial dealer or independent third party to perform all necessary
      work related to preparation and installation of a memorial.
         2.  Conformity with cemetery rules.  A person selling a
      memorial shall review the rules of the cemetery where the memorial is
      to be installed to ensure that the memorial will comply with those
      rules prior to ordering or manufacturing the memorial.
         3.  Specifications.  Upon request, a cemetery shall provide
      reasonable written specifications and instructions governing
      installation of memorials, which shall apply to all installations
      whether performed by the cemetery or another person.  The written
      specifications shall include provisions governing hours of
      installation or any other relevant administrative requirements of the
      cemetery.  A copy of these specifications and instructions shall be
      provided upon request, without charge, to the owner of the interment
      space, next of kin, or a personal representative or agent of the
      owner, including the person installing the memorial.  The person
      installing the memorial shall comply with the cemetery's written
      installation specifications and instructions.  In order to verify
      that a memorial is installed on the proper interment space in
      accordance with cemetery rules and regulations, the cemetery shall
      mark the place on the interment space where the memorial is to be
      installed and shall inspect the installation when completed.  This
      subsection shall not be construed to require that a cemetery lay out
      or engineer an interment space for the installation of a memorial.  A
      cemetery shall not adopt or enforce any rule prohibiting the
      installation of a memorial by a memorial dealer or independent third
      party, unless the rule is applicable to all memorials from whatever
      source obtained and enforced uniformly for all memorials installed in
      the cemetery.
         4.  Written notice.  A memorial dealer or independent third
      party shall provide the cemetery with at least seven business days'
      prior written notice of intent to install a memorial at the cemetery,
      or such lesser notice as the cemetery deems acceptable.  The notice
      shall contain the full name, address, and relationship of the
      memorial's purchaser to the person interred in the interment space or
      the owner of the interment space, if different.  The notice shall
      also contain the color, type, and size of the memorial, the material,
      the inscription, and the full name and interment date of the person
      interred in the interment space.
         5.  Preparation and installation.
         a.  A person installing a memorial shall be responsible to the
      cemetery for any damage caused to the cemetery grounds, including
      roadways, other than normal use during installation of the memorial.

         b.  Installation work shall cease during any nearby funeral
      procession or committal service.
         c.  Installation work shall be done during the cemetery's
      normal weekday hours or at such other times as may be arranged with
      the cemetery.
         d.  A memorial must comply with the cemetery's rules.  In the
      event of noncompliance, the person installing a memorial is
      responsible for removal of the memorial and shall pay any reasonable
      expenses incurred by the cemetery in connection with the memorial's
      removal.
         e.  The cemetery shall, without charge, provide information as
      described on the cemetery's map or plat necessary to locate the place
      where a memorial is to be installed and any other essential
      information the person installing the memorial needs to locate the
      proper interment space.
         f.  A person installing a memorial shall follow the cemetery's
      instructions regarding the positioning of the memorial.
         g.  During the excavation, all sod and dirt shall be carefully
      removed with no sod or dirt left on the interment space except the
      amount needed to fill the space between the memorial and the adjacent
      lawn.
         h.  A person installing a memorial shall carefully fill in any
      areas around the memorial with topsoil or sand, in accordance with
      the cemetery's written instructions.
         i.  A person installing a memorial shall remove all equipment
      and any debris which has accumulated during installation of the
      memorial.
         j.  A person installing a memorial shall check to see if any
      adjacent memorials have become soiled or dirty during installation of
      the memorial and, if so, clean the adjacent memorials.
         k.  If the person who is installing a memorial damages any
      cemetery property, the person shall notify the cemetery immediately.
      The person installing the memorial shall then repair the damage as
      soon as possible, upon approval by the cemetery.  The cemetery may
      require a person installing a memorial to provide current proof of
      workers' compensation insurance as required by state law and current
      proof of liability insurance, sufficient to indemnify the cemetery
      against claims resulting from installation of the memorial.  Proof of
      liability insurance in an amount of one million dollars or more shall
      preclude the cemetery from requiring a person installing a memorial
      to obtain a performance bond.
         l.  If a cemetery has an office, a person installing a
      memorial shall immediately leave notice at the cemetery office when
      the memorial has been installed and all work related to the
      installation is complete.
         6.  Inspection.  A cemetery may inspect the installation site
      of a memorial at any time.  If the cemetery determines that cemetery
      rules are not being followed during the installation, the cemetery
      may order the installation to stop until the infraction is corrected.
      The cemetery shall provide written notice to the installer as soon as
      possible if the cemetery believes that any of the following have
      occurred:
         a.  The memorial has not been installed correctly.
         b.  The person installing the memorial has damaged property at
      the cemetery.
         c.  Other cemetery requirements for installation have not been
      met, such as removal of debris or equipment.
         7.  Location and service charge.  A cemetery may charge a
      reasonable service charge for allowing the installation of a memorial
      purchased or obtained from and installed by a person other than the
      cemetery or its agents.  This service charge shall be based on the
      cemetery's actual labor costs, including fringe benefits, of those
      employees whose normal duty is to inspect the installation of
      memorials, in accordance with generally accepted accounting
      practices.  General administrative and overhead costs and any other
      functions not related to actual inspection time shall be excluded
      from the service charge.
         8.  Faulty installation.  If a memorial sinks, tilts, or
      becomes misaligned within twelve months of its installation and the
      cemetery believes the cause is faulty installation, the cemetery
      shall notify the person who installed the memorial in writing and the
      person who installed the memorial shall be responsible to correct the
      damage, unless the damage is caused by inadequate written
      specifications and instructions from the cemetery or acts of the
      cemetery and its agents or employees, including but not limited to
      running a backhoe over the memorial, carrying a vault or other heavy
      equipment over the memorial, or opening or closing an interment space
      adjacent to the memorial.
         9.  Perpetual care.  A cemetery may require contributions from
      the purchaser of a memorial for perpetual care, if a perpetual care
      fund deposit is uniformly charged on every memorial installed in the
      cemetery.  

         2005 Acts, ch 128, §27; 2007 Acts, ch 175, §45