No grave in said District shall be reopened, except for the purpose of disinterment, within 10 years after burial of a person above 12 years of age, or within 8 years after the burial of a child under 12 years of age, unless the grave has been, in the first instance, of sufficient depth to permit subsequent interments, in which case a layer of earth of not less than 1 foot thick shall be left undisturbed over the previously buried coffin, unless such coffin has been separately entombed in properly cemented stone or brick work; but if on reopening any grave the soil be found to be offensive, such soil shall not be disturbed. In no case shall a grave be opened in which has been buried the body of any person who has died of Asiatic cholera, yellow fever, typhus fever, smallpox (including varioloid), leprosy, the plague, tetanus, diphtheria, or scarlet fever; provided, that the Director of the Department of Health of the District of Columbia may, in his discretion, authorize the opening, under sanitary precautions, of any such grave, and the disinterment and reinterment in the same grave or other suitable burial ground, of the dead body of any person who has died of any of the contagious diseases enumerated above.
(Mar. 3, 1901, 31 Stat. 1297, ch. 854, § 680; Jan. 20, 1936, 49 Stat. 1095, ch. 12; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; Mar. 2, 2007, D.C. Law 16-191, §§ 8(d), 65(d), 53 DCR 6794.)
1981 Ed., § 27-123.
1973 Ed., § 27-123.
D.C. Law 16-191 substituted “Health” for “Human Services”.
Structure District of Columbia Code
Title 43 - Cemeteries and Crematories
Chapter 1 - Cemetery Associations; Regulatory Provisions
§ 43–101. Incorporation; powers
§ 43–102. Powers to acquire and sell land
§ 43–103. Burial ground to be platted and surveyed
§ 43–104. Inclosure and ornamentation of land; purchase of equipment
§ 43–105. Duty to inclose and underdrain
§ 43–106. Application of proceeds of sales of lots
§ 43–107. Officers enumerated; term of office; effect of failure to choose officers
§ 43–108. Election of officers
§ 43–109. Lot owners are voting members of corporation
§ 43–111. Exemption from taxation and sale on execution
§ 43–112. Dedication of land; title vested in perpetuity
§ 43–113. Grants and bequests for care of lots
§ 43–114. Distance from City and from dwellings
§ 43–115. Mayor authorized to license certain lands for cemetery purposes
§ 43–116. Lots to be conspicuously marked; plat to be recorded; size and depth of graves
§ 43–117. Register of burials; contents
§ 43–118. Superintendent of cemetery to register at Department of Health
§ 43–119. Movement or disposal of tissue taken from dead body
§ 43–120. Keeping and exhibiting dead bodies
§ 43–123. Reopening graves; graves of pestilential disease victims
§ 43–124. Crematories; consent of property owners; permit
§ 43–125. Embalming; removal of tissue immediately after death
§ 43–128. Court-ordered disinterment or disposal of ashes not affected
§ 43–129. Cremation required in certain cases. [Repealed]
§ 43–130. Public crematory established. [Repealed]
§ 43–131. Act for promotion of anatomical science not affected by crematory law