2006 Code of Virginia § 54.1-2310 - Definitions

54.1-2310. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Advertisement" means any information disseminated or placed before thepublic.

"At-need" means at the time of death or while death is imminent.

"Board" means the Cemetery Board.

"Cemetery" means any land or structure used or intended to be used for theinterment of human remains. The sprinkling of ashes or their burial in abiodegradable container on church grounds or their placement in a columbariumon church property shall not constitute the creation of a cemetery.

"Cemetery company" means any person engaged in the business of (i) sellingor offering for sale any grave or entombment right in a cemetery andrepresenting to the public that the entire cemetery, a single grave, orentombment right therein will be perpetually cared for; (ii) selling propertyor services, vaults, grave liners, urns, memorials, markers, and monumentsused in connection with interring or disposing of the remains orcommemorating the memory of a deceased human being, where delivery of theproperty or performance of the service may be delayed more than 120 daysafter receipt of the initial payment on account of such sale; or (iii)maintaining a facility used for the interment or disposal of the remains andrequired to maintain perpetual care or preneed trust funds in accordance withthis chapter. Such property or services include but are not limited to burialvaults, mausoleum crypts, garden crypts, lawn crypts, memorials, and markerbases, but shall not include graves or incidental additions such as dates,scrolls, or other supplementary matter representing not more than ten percentof the total contract price.

"Compliance agent" means a natural person who owns or is employed by acemetery company to assure the compliance of the cemetery company with theprovisions of this chapter.

"Cost requirement" means the total cost to the seller of the property orservices subject to the deposit requirements of 54.1-2325 required by thatseller's total contracts.

"Department" means the Department of Professional and OccupationalRegulation.

"Garden crypt" means a burial receptacle, usually constructed of reinforcedconcrete, installed in quantity on gravel or tile underlay. Each cryptbecomes an integral part of a given garden area and is considered realproperty.

"General funds" means the sum total of specific funds put together in asingle fund.

"Grave" means a below-ground right of interment.

"In-person communication" means face-to-face communication and telephoniccommunication.

"Interment" means all forms of final disposal of human remains including,but not limited to, earth burial, mausoleum entombment and niche orcolumbarium inurnment. The sprinkling of ashes on church grounds shall notconstitute interment.

"Lawn crypt" means a burial vault with some minor modifications for theimprovement of drainage in and around the receptacle and is consideredpersonal property.

"Licensee" means any person holding a valid license issued by the Board.

"Marker base" means the visible part of the marker or monument upon whichthe marker or monument rests and is considered personal property.

"Mausoleum crypt" means a burial receptacle usually constructed ofreinforced concrete and usually constructed or assembled above the ground andis considered real property.

"Memorials, markers or monuments" means the object used to identify thedeceased and is considered personal property.

"Perpetual care trust fund" means a fund created to provide income to acemetery to provide care, maintenance, administration and embellishment ofthe cemetery.

"Preneed" means at any time other than either at the time of death or whiledeath is imminent.

"Preneed burial contract" means a contract for the sale of property orservices used in connection with interring or disposing of the remains orcommemorating the memory of a deceased human being, where delivery of theproperty or performance of the service may be delayed for more than 120 daysafter the receipt of initial payment on account of such sale. Such propertyincludes but is not limited to burial vaults, mausoleum crypts, gardencrypts, lawn crypts, memorials, and marker bases, but shall not includegraves or incidental additions such as dates, scrolls, or other supplementarymatter representing not more than ten percent of the total contract price.

"Retail sales price" means the standard, nondiscounted price as listed onthe general price list required by 54.1-2327.

"Seller" means the cemetery company.

"Seller's trust account" means the total specific trust funds depositedfrom all of a specific seller's contracts, plus income on such funds allottedto that seller.

"Solicitation" means initiating contact with consumers with the intent ofinfluencing their selection of a cemetery.

"Specific trust funds" means funds identified to a certain contract forpersonal property or services.

(1998, cc. 708, 721; 2000, c. 36.)

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