Mortuary Law Exam 3 questions with
complete solutions
Funeral Establishment - correct answer ✔✔ Is a FIXED PLACE of business used in the care and
preparation of the funeral or disposition of dead human bodies.
*The police power of the estate and local government authorized licensing and regulating of
Funeral Directors & Funeral Establishments.
Funeral Establishments Restrictions - correct answer ✔✔ Ordinances
Building Codes
Covenants
Nuisance
Regulatory Specifications
Ordinances - correct answer ✔✔ Laws passed by a municipal governing body such as
-Town
-City
-Zoning, Building, Safety, Etc.
-Special use permits
-Regulatory Specifications
Zoning Ordinances - correct answer ✔✔ Laws passed by a municipality by virtue of the police
power which regulates the kind of building, residences, or businesses that may be built & used
in different parts(zones) of the municipality, municipality zonings, residential, commercial
*Note In some municipality there may be either NO ZOINING OR A COMIBNATION OF
REDISENTIAL AND COMMERCIAL.
,*Funeral Establishments
-Are classified as commercial use/business use of property, Generally not allowed to operate in
residential zones.
-New or Changed zoning ordinances may affect existing uses "Grand-Father" clause allows
existing non conforming uses to stay with restrictions.
Special Use Permits - correct answer ✔✔ *Issued by a local municipalities
-Grant permission to use a building/facility for a specified use/purpose such as hospitals,
churches, etc.
-Allow exceptions to zoning ordinance for professions such as Doctors and dentists.
*Funeral Director is considered a business and not a profession wouldn't qualify for a special
use permits.
Building Codes - correct answer ✔✔ *Regulations which control requirements for business and
residential buildings regarding:
-Fire & Safety
-Maintenance & Operation
-Occupancy & Use
-Appearance - Designs, Materials used in construction, parking spaces, plumbing, electrical,
RR's, signs, etc.
Restrictive Covenants - correct answer ✔✔ Provisions in a deed limiting the use of property and
prohibiting certain uses.
*An example: Deed Restrictions
Covenants NOT To Compete - correct answer ✔✔ -Contracts dealing with transfer of ownership
-Seller agrees NOT TO COMPETE
*Nor a special period or time nor in a specified geographical area
, *Both are enforceable by law if deemed reasonable
NUISANCE - correct answer ✔✔ Invasion of a land owners use of property which interferes with
the public/another landowners use and enjoyment of his or her property.
Nuisance Per Se - correct answer ✔✔ -Acts, occupation/structures which are nuisances at all
times and under all circumstances
-May be prejudicial to public morals, dangerous to life, or injurious to public rights.
*FUNERAL HOME IS NOT A NUISANCE PER SE, BUT THEY MAY BECOME A NUISANCES IN FACT by
circumstances of the location/manner in which it is operated
*F.H. MAY BECOME A NUISANCE IN FACT
Regulatory Specifications - correct answer ✔✔ *Federal Standards: OSHA, EPA, ADA
State Standards
OSHA - Occupational Safety And Health Administration - correct answer ✔✔ Rules related to
embalming procedures, F.H. personnel protection and safety.
EPA - Environmental Protection Agency - correct answer ✔✔ Rules Concerning the use and
control of formaldehyde and chemicals used.
ADA - Americans With Disability Act - correct answer ✔✔ -To provide individuals with full use
and enjoyment of public accommodations.
-Requires businesses to remove architectural, communications, and transportation barriers for
physically impaired.
-Provided it can be done without much difficulty and expense.
Passed July 1990
Est. 2 Building Standards:
complete solutions
Funeral Establishment - correct answer ✔✔ Is a FIXED PLACE of business used in the care and
preparation of the funeral or disposition of dead human bodies.
*The police power of the estate and local government authorized licensing and regulating of
Funeral Directors & Funeral Establishments.
Funeral Establishments Restrictions - correct answer ✔✔ Ordinances
Building Codes
Covenants
Nuisance
Regulatory Specifications
Ordinances - correct answer ✔✔ Laws passed by a municipal governing body such as
-Town
-City
-Zoning, Building, Safety, Etc.
-Special use permits
-Regulatory Specifications
Zoning Ordinances - correct answer ✔✔ Laws passed by a municipality by virtue of the police
power which regulates the kind of building, residences, or businesses that may be built & used
in different parts(zones) of the municipality, municipality zonings, residential, commercial
*Note In some municipality there may be either NO ZOINING OR A COMIBNATION OF
REDISENTIAL AND COMMERCIAL.
,*Funeral Establishments
-Are classified as commercial use/business use of property, Generally not allowed to operate in
residential zones.
-New or Changed zoning ordinances may affect existing uses "Grand-Father" clause allows
existing non conforming uses to stay with restrictions.
Special Use Permits - correct answer ✔✔ *Issued by a local municipalities
-Grant permission to use a building/facility for a specified use/purpose such as hospitals,
churches, etc.
-Allow exceptions to zoning ordinance for professions such as Doctors and dentists.
*Funeral Director is considered a business and not a profession wouldn't qualify for a special
use permits.
Building Codes - correct answer ✔✔ *Regulations which control requirements for business and
residential buildings regarding:
-Fire & Safety
-Maintenance & Operation
-Occupancy & Use
-Appearance - Designs, Materials used in construction, parking spaces, plumbing, electrical,
RR's, signs, etc.
Restrictive Covenants - correct answer ✔✔ Provisions in a deed limiting the use of property and
prohibiting certain uses.
*An example: Deed Restrictions
Covenants NOT To Compete - correct answer ✔✔ -Contracts dealing with transfer of ownership
-Seller agrees NOT TO COMPETE
*Nor a special period or time nor in a specified geographical area
, *Both are enforceable by law if deemed reasonable
NUISANCE - correct answer ✔✔ Invasion of a land owners use of property which interferes with
the public/another landowners use and enjoyment of his or her property.
Nuisance Per Se - correct answer ✔✔ -Acts, occupation/structures which are nuisances at all
times and under all circumstances
-May be prejudicial to public morals, dangerous to life, or injurious to public rights.
*FUNERAL HOME IS NOT A NUISANCE PER SE, BUT THEY MAY BECOME A NUISANCES IN FACT by
circumstances of the location/manner in which it is operated
*F.H. MAY BECOME A NUISANCE IN FACT
Regulatory Specifications - correct answer ✔✔ *Federal Standards: OSHA, EPA, ADA
State Standards
OSHA - Occupational Safety And Health Administration - correct answer ✔✔ Rules related to
embalming procedures, F.H. personnel protection and safety.
EPA - Environmental Protection Agency - correct answer ✔✔ Rules Concerning the use and
control of formaldehyde and chemicals used.
ADA - Americans With Disability Act - correct answer ✔✔ -To provide individuals with full use
and enjoyment of public accommodations.
-Requires businesses to remove architectural, communications, and transportation barriers for
physically impaired.
-Provided it can be done without much difficulty and expense.
Passed July 1990
Est. 2 Building Standards:
