65-47. Scope.
(a) The provisions of this Article shall apply to all persons engaged in the business of operating a cemetery as defined herein, except cemeteries owned and operated by governmental agencies or churches.
(b) Any cemetery beneficially owned and operated by a fraternal organization or its corporate agent for at least 50 years prior to September 1, 1975, shall be exempt from the provisions of Article 9 of this Chapter.
(c) The provisions of this Article shall not apply to persons licensed under Article 13D of Chapter 90 of the General Statutes when engaging in activities for which a license is required under the Article.
(d) Expired January 23, 2015.
(e) A columbarium built in compliance with the requirements of former subsection (d) of this section is not subject to the provisions of Article 9 of this Chapter on or after January 23, 2015, as long as the columbarium (i) continues to exist on the grounds of a private, self-contained retirement community and (ii) continues to be reserved exclusively for the residents of that community. (1975, c. 768, s. 1; 1977, c. 686, s. 1; 1995, c. 509, s. 135.1(i); 2013-335, s. 1; 2014-115, s. 39.3(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 9 - North Carolina Cemetery Act.
§ 65-49 - The North Carolina Cemetery Commission.
§ 65-50 - Cemetery Commission; members, selection, quorum.
§ 65-52 - Regular and special meetings.
§ 65-54 - Annual budget of Commission; collection of funds.
§ 65-54.1 - Commission records are confidential.
§ 65-55 - License; cemetery company.
§ 65-56 - Existing companies; effect of Article.
§ 65-57 - Licenses for sales organizations, management organizations and brokers.
§ 65-58 - Licenses for persons selling preneed grave space.
§ 65-59 - Application for a change of control; filing fee.
§ 65-60.1 - Trustees; qualifications; examination of records; enforcement.
§ 65-61 - Required trust fund for care and maintenance; remedy of Commission for noncompliance.
§ 65-62 - Individual contracts for care and maintenance.
§ 65-63 - Requirements for perpetual care fund.
§ 65-64 - Deposits to perpetual care fund.
§ 65-65 - Trust fund; financial reports.
§ 65-66 - Receipts from sale of personal property or services; trust account; penalties.
§ 65-67 - Applications for license.
§ 65-68 - License not assignable or transferable.
§ 65-69 - Minimum acreage; sale or disposition of cemetery lands.
§ 65-72 - Burial without regard to race or color.
§ 65-73 - Validation of certain deeds for cemetery lots executed by suspended corporations.