Ohio § 3705.17

§ 3705.17.

The body of a person whose death occurs in this state shall not be interred, deposited

in a vault or tomb, cremated, or otherwise disposed of by a funeral director until

a burial permit is issued by a local registrar or sub-registrar of vital statistics.  No such permit shall be issued by a local registrar or sub-registrar until a satisfactory

death, fetal death, or provisional death certificate is filed with the local registrar

or sub-registrar.  When the medical certification as to the cause of death cannot be provided by the

attending physician or coroner prior to burial, for sufficient cause, as determined

by rule of the director of health, the funeral director may file a provisional death

certificate with the local registrar or sub-registrar for the purpose of securing

a burial or burial-transit permit.  When the funeral director files a provisional death certificate to secure a burial

or burial-transit permit, the funeral director shall file a satisfactory and complete

death certificate within five days after the date of death.  The director of health, by rule, may provide additional time for filing a satisfactory

death certificate.  A burial permit authorizing cremation shall not be issued upon the filing of a provisional

certificate of death. When a funeral director or other person obtains a burial permit from a local registrar

or sub-registrar, the registrar or sub-registrar shall charge a fee of ten dollars

for the issuance of the burial permit.  Nine dollars and fifty cents of each fee collected for a burial permit shall be

paid into the state treasury to the credit of the cemetery registration fund created

under section 4767.03 of the Revised Code to be used by the division of real estate and professional licensing in the department

of commerce in discharging its duties prescribed in Chapter 4767. of the Revised Code

and the Ohio cemetery dispute resolution commission created by section 4767.05 of the Revised Code .  A local registrar or sub-registrar shall transmit payments of that portion of the

amount of each fee collected under this section to the treasurer of state on a quarterly

basis or more frequently, if possible.  The director of health, by rule, shall provide for the issuance of a burial permit

without the payment of the fee required by this section if the total cost of the burial

will be paid by an agency or instrumentality of the United States, the state or a

state agency, or a political subdivision of the state. The director of commerce may by rule adopted in accordance with Chapter 119. of the

Revised Code reduce the total amount of the fee required by this section and that

portion of the amount of the fee required to be paid to the credit of the division

of real estate and professional licensing for the use of the division and the Ohio

cemetery dispute resolution commission, if the director determines that the total

amount of funds the fee is generating at the amount required by this section exceeds

the amount of funds the division of real estate and professional licensing and the

commission need to carry out their powers and duties prescribed in Chapter 4767. of

the Revised Code. No person in charge of any premises in which interments or cremations are made shall

inter or cremate or otherwise dispose of a body, unless it is accompanied by a burial

permit.  Each person in charge of a cemetery, crematory, or other place of disposal shall

indorse upon a burial permit the date of interment, cremation, or other disposal and

shall retain such permits for a period of at least five years.  The person in charge shall keep an accurate record of all interments, cremations,

or other disposal of dead bodies, made in the premises under the person's charge,

stating the name of the deceased person, place of death, date of burial, cremation,

or other disposal, and name and address of the funeral director.  Such record shall at all times be open to public inspection.