Wis. Admin. Code CB — Cemetery Board

Chapter CB 1 AUTHORITY AND APPLICATIONS FOR LICENSURE

Wis. Admin. Code § CB 1.01 Authority {#sec-cb-1.01 omnilex-key=us-wi-regs-official--agency-cb--CB 1.01}

The rules in this chapter are adopted pursuant to ss. 227.11 (2), 440.09, and 440.905, Stats.

History

• CR 07-050: cr. Register February 2008 No. 626, eff. 3-1-08; CR 20-034: am. Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § CB 1.013 Definitions; generally {#sec-cb-1.013 omnilex-key=us-wi-regs-official--agency-cb--CB 1.013}

As used in chs. CB 1 to 6, “board” means the cemetery board.

History

• CR 20-034: cr. Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § CB 1.015 Definitions; this chapter {#sec-cb-1.015 omnilex-key=us-wi-regs-official--agency-cb--CB 1.015}

As used in this chapter:

(1) “Former service member” has the meaning in s. 440.09 (1) (a), Stats.

(2) “Service member” has the meaning in s. 440.09 (1) (b), Stats.

(3) “Spouse” has the meaning in s. 440.09 (1) (c), Stats.

History

• CR 17-050: renum. from CB 5.03 (3) and am. Register July 2018 No. 751, eff. 8-1-18; CR 19-149: r. and recr. Register September 2020 No. 777, eff. 10-1-20; (2m) renumbered under s. 13.92 (4) (b) 1., Stats., Register September 2020 No. 777; CR 20-034: r. and recr. Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § CB 1.02 Applications for cemetery authority, cemetery salesperson and preneed seller {#sec-cb-1.02 omnilex-key=us-wi-regs-official--agency-cb--CB 1.02}

(1) Other information. In addition to the information which the board must require of applicants for registration as a cemetery authority, a cemetery salesperson or a preneed seller pursuant to ss. 440.91 and 440.92, Stats., the board may require all of the following:

(a) Information about any criminal convictions or pending charges against the applicant.

(b) Information about any surrender, resignation, cancellation or denial of an application for a credential or any disciplinary action taken against a credential held by the applicant in Wisconsin or another licensing jurisdiction.

(c) Information about any disciplinary action pending against the applicant in any jurisdiction and relating to a credential held by the applicant.

(d) Information about any suits or claims ever having been filed against an applicant as a result of professional services rendered by the applicant in connection with cemetery operations.

(2) Basis for denial of application. The board may limit or deny an application for registration as a cemetery authority, cemetery salesperson or preneed seller for any of the grounds for which the department may discipline a credential holder under s. 440.93, Stats.

History

• CR 07-050: cr. Register February 2008 No. 626, eff. 3-1-08; CR 20-034: am. (1) (a) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § CB 1.03 Reciprocal credentials for servicemembers, former servicemembers, and spouses {#sec-cb-1.03 omnilex-key=us-wi-regs-official--agency-cb--CB 1.03}

A reciprocal preneed seller or cemetery salesperson credential shall be granted to a service member, former service member, or the spouse of a service member or former service member who the board determines meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.

History

• CR 20-034: cr. Register September 2021 No. 789, eff. 10-1-21; correction made under s. 35.17, Stats., Register September 2021 No. 789.

Chapter CB 2 FILING OF ANNUAL REPORTS AND MAINTAINING BURIAL RECORDS BY CEMETERY AUTHORITIES AND PRENEED SELLERS

Wis. Admin. Code § CB 2.01 Authority {#sec-cb-2.01 omnilex-key=us-wi-regs-official--agency-cb--CB 2.01}

This chapter is adopted pursuant to ss. 157.62 (2), (5), and (7), 157.63, 227.11 (2), 440.905, and 440.92 (6) (k), Stats.

History

• CR 07-050: cr. Register February 2008 No. 626, eff. 3-1-08; CR 17-050: am. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § CB 2.02 Filing of annual reports {#sec-cb-2.02 omnilex-key=us-wi-regs-official--agency-cb--CB 2.02}

Cemetery authorities required to file an annual report under s. 157.62 (2), Stats., and preneed sellers required to file an annual report under s. 440.92 (6), Stats., shall do so on or before March 1 of each year.

History

• CR 07-050: cr. Register February 2008 No. 626, eff. 3-1-08.

Wis. Admin. Code § CB 2.03 Reporting period {#sec-cb-2.03 omnilex-key=us-wi-regs-official--agency-cb--CB 2.03}

The annual reports and certifications in lieu of annual reports shall be made on a calendar year basis unless the board, upon request, approved a different reporting period.

History

• CR 07-050: cr. Register February 2008 No. 626, eff. 3-1-08.

Wis. Admin. Code § CB 2.04 Religious society exemption {#sec-cb-2.04 omnilex-key=us-wi-regs-official--agency-cb--CB 2.04}

A cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187, Stats., or that religious society may file a certification in lieu of an annual report under s. 157.63 or 440.92 (9), Stats. The certification shall be filed on or before the 60th day after the last day of the reporting period.

Note: Forms and instructions for the annual report and certification can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

History

• CR 07-050: cr. Register February 2008 No. 626, eff. 3-1-08.

Wis. Admin. Code § CB 2.06 Burial record {#sec-cb-2.06 omnilex-key=us-wi-regs-official--agency-cb--CB 2.06}

(1) A cemetery authority or licensee shall maintain permanently a record for all human remains buried within a cemetery. This record shall include the following information:

(a) The name of the deceased.

(b) The last-known address of the deceased.

(c) The date of birth of the deceased.

(d) The date of death as listed on the disposition of human remains.

(e) The date that the remains are placed in the grave, niche, or crypt.

(f) The exact location in the cemetery where the human remains are buried or placed. The specific location shall correspond to the map or plat maintained by the cemetery authority or licensee.

(g) The name of the person authorizing the burial and his or her relationship to the deceased.

(h) The name of the funeral establishment, as defined in s. 445.01 (6), Stats.

(i) The type of burial vault used, if any, including poured concrete, precast concrete, plastic, or polyurethane.

(j) The type of the grave marker or monument, including granite, along with the marker style, including flush, upright, or slanted.

Note: The burial records listed in s. CB 2.06 (1) are different from the records that a cemetery authority is required to keep and maintain in accordance with s. 157.62 (4), Stats.

(2) A cemetery authority or licensee shall record burial information under sub. (1) no more than 10 business days following the burial. All burial records completed after August 1, 2018 shall be maintained either in an electronic format that is easily accessible for review or in a legibly written format.

(3) All burial records shall be maintained by the cemetery authority. Upon conveyance of a cemetery, burial records shall be transferred to the new cemetery authority who shall then maintain the transferred records.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18; CR 19-148: am. (1) (intro.) Register September 2020 No. 777, eff. 10-1-20.

Chapter CB 3 WAREHOUSES STORING CEMETERY MERCHANDISE SOLD UNDER A PRENEED SALES CONTRACT

Wis. Admin. Code § CB 3.01 Authority {#sec-cb-3.01 omnilex-key=us-wi-regs-official--agency-cb--CB 3.01}

This chapter is adopted pursuant to ss. 227.11, 440.905, and 440.92 (7), Stats.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § CB 3.02 Applications {#sec-cb-3.02 omnilex-key=us-wi-regs-official--agency-cb--CB 3.02}

(1) Forms. Applications for approval of a warehouse to store cemetery merchandise sold under a preneed sales contract shall be made on forms provided by the department, and shall be delivered through the mails or otherwise to the department’s office.

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(2) Complete answers; certification. No application shall be processed until all questions appearing on the application are fully completed and certified as accurate, and all required documents are received by the department.

(3) Determination of approval. The board or its designee shall provide the applicant with its determination upon the application within 60 days after receipt of the completed application and required documents.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § CB 3.03 Approval of warehouses located in this state {#sec-cb-3.03 omnilex-key=us-wi-regs-official--agency-cb--CB 3.03}

The board shall approve a warehouse located in this state only if the person who operates the warehouse is licensed as a public warehouse keeper by the department of agriculture, trade and consumer protection under ch. 99, Stats. Proof of licensure as a public warehouse keeper shall be made through the submission of a copy of the current license with the application.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § CB 3.04 Approval of warehouses located outside this state {#sec-cb-3.04 omnilex-key=us-wi-regs-official--agency-cb--CB 3.04}

The board shall approve a warehouse located outside this state upon the following conditions:

(1) Submission of proof that the warehouse is authorized to store cemetery merchandise within its state of location. Proof of such authorization may be made through the submission of a copy of the current license, permit, certificate, registration, or other document issued by the agency regulating warehouses in that state, or through the submission of such other information or statements acceptable to the board.

(2)

(a) The filing with the board of a bond furnished by a surety company authorized to do business in this state in an amount that is sufficient to guarantee the delivery of cemetery merchandise to purchasers under preneed sales contracts.

(b) The bond shall be payable to the department of safety and professional services for the benefit of purchasers of stored property or their assignees.

(c) The amount of the bond shall be in an amount approved by the board, and in no case less than 100 percent of the wholesale value of the cemetery merchandise that is stored and to be transported to this state as of the date of the application.

(d) The bond shall remain in effect throughout the time that the warehouse remains approved by the board, and the warehouse keeper shall submit a copy of each bond renewal certificate to the board.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § CB 3.05 Term of approval {#sec-cb-3.05 omnilex-key=us-wi-regs-official--agency-cb--CB 3.05}

An approval of a warehouse by the board entitles the warehouse to store cemetery merchandise sold under a preneed sales contract for a period of one year following the issuance of the approval.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § CB 3.06 Cancellation of approval {#sec-cb-3.06 omnilex-key=us-wi-regs-official--agency-cb--CB 3.06}

(1) Any approval previously granted by the board may be cancelled upon the occurrence of any of the following:

(a) The failure to maintain the license in this or any other state necessary to operate a warehouse.

(b) The failure of a warehouse located outside this state to maintain the bond required under this chapter. When the board determines that a bond is insufficient, or if the bond lapses or is cancelled, the warehouse shall correct the defect within 30 days after written notice from the board, and if the defect is not corrected within that period, the approval of the warehouse automatically rescinds at the expiration of the 30 day period.

(2) The owner or operator of a warehouse shall notify the board within 30 days after the occurrence of any of the events described in sub. (1).

Note: A current list of the names and addresses of all approved warehouses may be obtained from the department’s Division of Professional Credential Processing by emailing dsps@wi.gov or by calling 608-266-2112.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Chapter CB 4 CARE FUNDS AND PRENEED TRUST FUNDS

Wis. Admin. Code § CB 4.01 Authority {#sec-cb-4.01 omnilex-key=us-wi-regs-official--agency-cb--CB 4.01}

This chapter is adopted pursuant to ss. 157.11, 157.19, 227.11, and 440.905, Stats.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § CB 4.02 Change of trustee; applications {#sec-cb-4.02 omnilex-key=us-wi-regs-official--agency-cb--CB 4.02}

(1) Approval required. A cemetery authority or preneed seller who deposits care funds in a financial institution pursuant to s. 157.19 (2) (a), Stats., shall obtain written approval of the board before changing the trustee of a care fund or preneed trust fund.

(2) Forms. Requests for approval of a change of trustee shall be made on forms provided by the department, and shall be delivered through the mail or otherwise to the board.

Note: Forms and instructions for requests can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(3) Complete answers; certification. No request for approval shall be processed until all questions appearing on the application are fully completed, the applicant has signed a statement confirming the accuracy of the information provided in the application, and all required documents are received by the board.

(4) Determination of approval. The board or its designee shall provide the applicant with its determination upon the request within 60 days after receipt of the completed application and required documents.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § CB 4.03 Standards for approval {#sec-cb-4.03 omnilex-key=us-wi-regs-official--agency-cb--CB 4.03}

(1) Care funds. The board or its designee may grant approval for a change of trustee of a care fund to a cemetery authority applying for the change of trustee if the cemetery authority submits evidence that the rights and interests of the beneficiary of the care fund will be adequately protected if the change is approved. Such evidence shall include, but is not necessarily limited to:

(a) The names and addresses of the financial institutions from whom and to whom the care fund is to be transferred.

(b) A statement of the reason for requesting the change of trustee.

(c) The amount to be transferred, the manner or instrument by which the transfer is to be made, and the anticipated date the transfer is to be effectuated.

(d) An affidavit from an officer or director of the financial institution from whom the transfer is requested that it is authorized to act as a financial institution and is in good standing in this state. The affidavit shall confirm that all deposits into the care funds being transferred to a different trustee were timely, and that the principal has not been withdrawn.

(e) An affidavit from an officer or director of the financial institution to whom the transfer is requested that it is authorized to act as a financial institution, and is in good standing in this state.

(f) A statement of any costs which will accrue to the balance of the care fund upon the change of trustee, as well as a statement of the nature and anticipated amounts of any service charges, administrative fees, or other costs which will be imposed against the care fund by the proposed trustee.

(2) Preneed trust funds. Preneed sellers applying for the change of trustee of a preneed trust fund shall submit evidence that the rights and interests of the purchaser under the preneed sales contract will be adequately protected if the change is approved, including but not necessarily limited to:

(a) The names and addresses of the financial institutions from whom and to whom the preneed trust fund is to be transferred.

(b) A statement of the reason for requesting the change of trustee.

(c) The amount to be transferred, the manner or instrument by which the transfer is to be made, and the anticipated date the transfer is to be effectuated.

(d) An affidavit from an officer or director of the financial institution from whom the transfer is requested that its license is in good standing in this state. The affidavit shall confirm that all deposits into the care funds being transferred to a different trustee were timely, and that the principal has not been withdrawn.

(e) An affidavit from an officer or director of the financial institution to whom the transfer is requested that it is authorized to act as a financial institution, and is in good standing in this state.

(f) A statement of any costs which will accrue to the balance of the preneed fund upon the change of trustee, as well as a statement of the nature and anticipated amounts of any service charges, administrative fees, or other costs which will be imposed against the care fund by the proposed trustee.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § CB 4.04 Compliance with terms of approval {#sec-cb-4.04 omnilex-key=us-wi-regs-official--agency-cb--CB 4.04}

The board may approve a change of trustee upon such terms and conditions as deemed necessary to assure that the rights and interests of the beneficiary or purchaser will be adequately protected.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § CB 4.05 Verification of deposit {#sec-cb-4.05 omnilex-key=us-wi-regs-official--agency-cb--CB 4.05}

Within 30 days after the transfer of the care fund or preneed trust fund, the cemetery authority shall submit information to the board verifying the transfer, including the amount deposited, the date the deposit was made, and the account number of the fund. In addition, the cemetery authority shall request that the new trustee submit the same information to the board verifying the receipt of the funds.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12; CR 19-149: am. Register September 2020 No. 777, eff. 10-1-20.

Wis. Admin. Code § CB 4.06 Income from care funds {#sec-cb-4.06 omnilex-key=us-wi-regs-official--agency-cb--CB 4.06}

(1) In this section, “income earned” means and includes any capital gains, any interest, and any dividends earned on a cemetery care fund account.

(2) Only the principal deposits into cemetery care funds required under s. 157.11 (9g) (c), Stats., must remain intact.

(3) Income earned on a cemetery care fund may be withdrawn from the care fund by the cemetery authority and be used for the purposes specified in s. 157.11 (9g) (a) 2., Stats.

(4) Board approval is not required to withdraw income earned on a cemetery care fund account.

History

• CR 22-023: cr. Register June 2023 No. 810, eff. 7-1-23.

Chapter CB 5 APPROVAL OF ALTERNATIVE CARE INVESTMENT FUNDS

Wis. Admin. Code § CB 5.02 Intent {#sec-cb-5.02 omnilex-key=us-wi-regs-official--agency-cb--CB 5.02}

The intent of this chapter is to ensure that cemetery authorities that are required to register with the board maintain intact the principal amount in care funds in order to generate sufficient income to maintain cemeteries in perpetuity and to ensure that cemeteries in Wisconsin do not become a financial burden to taxpayers. It is also the intent to prohibit the officers, trustees, and the immediate family of the cemetery authority from directly profiting from the investments that are made by and on behalf of it.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § CB 5.03 Definition {#sec-cb-5.03 omnilex-key=us-wi-regs-official--agency-cb--CB 5.03}

As used in this chapter alternative investment means the use of care funds received from the sale of cemetery lots by a cemetery authority to purchase investment instruments, rather than depositing the care funds in a financial institution under s. 157.19, Stats., or with the treasurer of the county or city in which the cemetery is located.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12; CR 17-050: (3) renum. to CB 1.015 Register July 2018 No. 781, eff. 8-1-18; CR 19-149: consol. (intro.) and (1), renum. to CB 5.03 and am., r. (2) Register September 2020 No. 777, eff. 10-1-20; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register September 2020 No. 777.

Wis. Admin. Code § CB 5.04 Criteria {#sec-cb-5.04 omnilex-key=us-wi-regs-official--agency-cb--CB 5.04}

(1) A cemetery authority shall give due consideration to both long term and short term cash flow needs in selecting alternative investments. The following classes of alternative investments are permissible:

(a) Corporate bonds or bonds or other instruments of indebtedness issued or guaranteed by governmental units in the United States, provided that the bonds or instruments of indebtedness are rated AA or above by Standard & Poor’s or by Moody’s Investor Services. Once one or more of these instruments drops below an A rating and remains below that rating for 2 consecutive quarters, the cemetery authority shall divest those instruments within 180 days or proceed under par. (e).

(b) Publicly traded preferred or common stock of regulated utilities in the United States whose debt is rated AA or above by Standards & Poor’s or by Moody’s Investor Services. Once the debt rating of the issuing utility drops below an A rating and remains below that rating for 2 consecutive quarters, the cemetery authority shall divest those instruments within 180 days or proceed under par. (e).

(c) Fully insured certificates of deposit issued by banks, savings and loan associations, or credit unions located in the United States which are federally insured. Certificates of deposit which are only partially insured are permissible in commercial banks rated BC or above by Thomson Bank Watch, Inc.

(d) Mutual funds, if at least 80 percent of monies in the mutual fund are invested in one or more of the instruments in pars. (a) to (c).

(e) Such other investments which the board determines will provide safety equal to or greater than the investment classes described in pars. (a) to (d).

(2) A cemetery authority shall consider diversification of investments. No cemetery authority may purchase or otherwise invest in one of the instruments in sub. (1) (a) to (c) if the percentage of the care fund invested in the instruments sold by a specific corporation, governmental unit, or financial institution immediately after such purchase or investment will exceed 50 percent of the total market value of the care fund, except for investments in or guaranteed by the United States government, and except for fully insured certificates of deposit in sub. (1) (c).

(3) No cemetery authority may invest in any entity or company in which an officer or trustee of the cemetery authority is a shareholder who beneficially owns, holds, or has the power to vote 5 percent or more of any class of securities issued by the entity or company.

(4) No cemetery authority may invest in any entity or company in which a spouse or child of an officer or trustee of the cemetery authority or other family member who receives one-half of his or her support from an officer or trustee is a shareholder who beneficially owns, holds or has the power to vote 5 percent or more of any class of securities issued by the entity or company.

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Wis. Admin. Code § CB 5.05 Procedures {#sec-cb-5.05 omnilex-key=us-wi-regs-official--agency-cb--CB 5.05}

(1) An officer, a trustee who has been elected pursuant to s. 157.062, Stats., or a certified public accountant acting on behalf of the cemetery authority shall file an affidavit with the board which identifies the class and amount of each investment and certifies that each investment is in compliance with the criteria in s. CB 5.04.

(2) If the affidavit submitted to the board pursuant to sub. (1) lists investments in classes other than those described in s. CB 5.04 (1) (a) to (d), the affidavit shall be accompanied by a written statement by a licensed investment advisor or a licensed securities broker stating his or her belief that such investments will provide safety equal to or greater than the investment classes described in s. CB 5.04 (1) (a) to (d).

(3) If the investment proposal meets the criteria set forth in s. CB 5.04, the board may issue a letter of approval. A decision by the board not to approve an alternative investment may be appealed under ch. SPS 1.

(4) Affidavits are effective for one year and shall be filed with the board annually. The affidavit shall certify compliance for the period since the last affidavit was filed except that the initial affidavit need only certify compliance as of the date it is made.

(5) Alternative investments made prior to November 1, 1991, are subject to board approval, and the board may require divestiture of any alternative investment which does not meet the criteria in s. CB 5.04. The cemetery authority shall divest such alternative investments within 180 days following notification by the board that an alternative investment does not meet the criteria.

(6) After board approval is obtained, the cemetery authority need not obtain further approval to increase the number of shares or units in the same security or investment if the shares or units meet the criteria set forth in s. CB 5.04 (1) (a) to (d), (3) and (4).

History

• CR 12-021: cr. Register August 2012 No. 680, eff. 9-1-12.

Chapter CB 6 MAUSOLEUMS

Wis. Admin. Code § CB 6.01 Authority {#sec-cb-6.01 omnilex-key=us-wi-regs-official--agency-cb--CB 6.01}

The rules in this chapter are adopted pursuant to ss. 157.12 (2) (a), 157.62 (5), 227.11 (2), and 440.905 (2), Stats.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § CB 6.02 Definitions {#sec-cb-6.02 omnilex-key=us-wi-regs-official--agency-cb--CB 6.02}

In this chapter:

(1) “Mausoleum” has the meaning given in s. 157.061 (9), Stats.

(2) “Public Mausoleum” has the meaning given in s. 157.061 (14), Stats.

(3) “Temporary certification” means a contingent approval issued by the board where, following an initial inspection, the board determines that the mausoleum only contains minor, non-structural defects; and is valid for a period determined by the board, but not to exceed 6 months.

Note: Columbarium is defined in s. 440.70 (4), Stats.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18; CR 19-150: cr. (3) Register September 2020 No. 777, eff. 10-1-20; correction in (3) made under s. 35.17, Stats., Register September 2020 No. 777.

Wis. Admin. Code § CB 6.03 Mausoleum plan review {#sec-cb-6.03 omnilex-key=us-wi-regs-official--agency-cb--CB 6.03}

(1) Prior to the construction or alteration of any mausoleum or conversion of a building or other structure to a mausoleum the board or its designee shall review, in accordance with the provisions in chs. SPS 361 to 366, the plans for mausoleum construction, alteration, or building conversion.

(2) The construction, alteration, or building conversion of any mausoleum may not occur prior to written approval of the plans by the board or its designee in accordance chs. SPS 361 to 366 and s. 157.12 (2) (a), Stats.

(3) Plans shall expire 3 years after the date indicated on the approved building plans of the building shell if not closed within those 3 years.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § CB 6.04 Revision to approved plans {#sec-cb-6.04 omnilex-key=us-wi-regs-official--agency-cb--CB 6.04}

No modifications to the approved plans or amendments to the plan specifications beyond cosmetic changes may be made without prior written approval from the board or its designee in accordance with chs. SPS 361 to 366 and s. 157.12 (2) (a), Stats.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § CB 6.05 Supervision of construction {#sec-cb-6.05 omnilex-key=us-wi-regs-official--agency-cb--CB 6.05}

(1) Construction of any public mausoleum shall be supervised by the board or its designee in accordance with chs. SPS 361 to 366 and s. 157.12 (2) (b), Stats.

(2) The supervising professional shall provide a written compliance statement in accordance with chs. SPS 361 to 366 within 30 days following completion of the construction, alteration, or conversion of a public mausoleum.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § CB 6.06 Inspection {#sec-cb-6.06 omnilex-key=us-wi-regs-official--agency-cb--CB 6.06}

The board, or its designee, shall inspect the construction of any public mausoleum in accordance chs. SPS 361 to 366 and s. 157.12 (2) (b), Stats., to ascertain whether the construction, alteration, or building conversion complies with approved plans.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § CB 6.07 Reinspection {#sec-cb-6.07 omnilex-key=us-wi-regs-official--agency-cb--CB 6.07}

(1) If the board or its designee determines that, except for certain minor non-structural defects, the construction, alteration, or conversion complies with the approved plans, the board or its designee may provide the cemetery authority with a temporary certification that is contingent on the correction of those minor defects.

(2) If a cemetery authority with a temporary certification notifies the board or its designee in writing before the expiration date of the temporary certification that the defects in the construction, alteration, or conversion of the public mausoleum have been corrected, the board or its designee shall, within 30 days after receiving the notice, reinspect the public mausoleum and provide the cemetery authority with a final inspection report as to whether the construction, alteration, or conversion complies with the approved plans.

Note: See s. 440.70, Stats. for the definition of columbarium or see subch. VII of ch. 440, Stats. for information regarding columbaria and matters relating to Crematory Authorities.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18; CR 19-150: am. Register September 2020 No. 777, eff. 10-1-20.

Wis. Admin. Code § CB 6.08 Mausoleum sales {#sec-cb-6.08 omnilex-key=us-wi-regs-official--agency-cb--CB 6.08}

No person may sell a mausoleum space, except an undeveloped space that is sold in accordance with s. 440.92, Stats., or bury human remains in the public mausoleum until either the board has issued a temporary certification that the mausoleum contains only minor, non-structural defects, or all inspection defects are corrected and the board or its designee reinspects the public mausoleum and provides the cemetery authority with a final inspection report that indicates the construction, alteration, or conversion complies with the approved plans.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18; CR 19-150: am. Register September 2020 No. 777, eff. 10-1-20.

Wis. Admin. Code § CB 6.085 Municipal requests for larger mausoleum care funds {#sec-cb-6.085 omnilex-key=us-wi-regs-official--agency-cb--CB 6.085}

A municipality may require by ordinance, with the written approval of the board, that cemetery authorities within its jurisdiction maintain a larger mausoleum care fund than what is required under s. 157.12 (3) (a) 1. and 2., Stats. The board may issue a written approval of such an ordinance if:

(1) The municipality submits a request to the board containing the following:

(a) A copy of the proposed ordinance.

(b) A statement demonstrating a need for an ordinance that deviates from the statutory requirements.

(c) An affidavit from the municipality certifying that it has consulted with the cemetery authorities in its jurisdiction who may be impacted by the proposed ordinance.

(2) The requirements under the ordinance are reasonable as determined by the board.

History

• CR 19-150: cr. Register September 2020 No. 777, eff. 10-1-20.

Wis. Admin. Code § CB 6.09 Mausoleum location {#sec-cb-6.09 omnilex-key=us-wi-regs-official--agency-cb--CB 6.09}

The board, or its designee, shall review the location of the mausoleum to ensure the mausoleum is located in accordance with s. 157.065 (2), Stats.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § CB 6.10 Compliance requirements {#sec-cb-6.10 omnilex-key=us-wi-regs-official--agency-cb--CB 6.10}

In addition to board construction requirements, mausoleum construction shall follow the requirements of s. SPS 362.3100.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § CB 6.11 Mausoleum and public mausoleum construction material {#sec-cb-6.11 omnilex-key=us-wi-regs-official--agency-cb--CB 6.11}

A mausoleum or public mausoleum shall be constructed to last as long as possible, taking into consideration the technology and economics applicable to mausoleum construction at the time of construction with construction materials reviewed by the board, or its designee, in accordance with chs. SPS 361-366 and s. 157.12 (2) (d) Stats.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § CB 6.12 Mausoleum and public mausoleum fees {#sec-cb-6.12 omnilex-key=us-wi-regs-official--agency-cb--CB 6.12}

The board or its designee may charge a reasonable fee to the cemetery authority for each review and inspection provided under this chapter. Fees for reviews and inspections shall be submitted in accordance with ch. SPS 302.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § CB 6.13 Initial applicability {#sec-cb-6.13 omnilex-key=us-wi-regs-official--agency-cb--CB 6.13}

This chapter first applies to construction, alteration, or conversion of mausoleums and public mausoleums initiated after August 1, 2018.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § CB 6.14 Reports {#sec-cb-6.14 omnilex-key=us-wi-regs-official--agency-cb--CB 6.14}

The board may request reports from its designee on any activity it delegates in this section.

History

• CR 17-050: cr. Register July 2018 No. 751, eff. 8-1-18.