Funeral Service Law Exam II: Questions With Accurate Solutions (Graded A+)
Law that is passed by municipalities by virtue of the police power which regulates and describes the type of buildings, business, or residence that shall be built and used in different parts of the municipality Right Ans - Zoning
Restrictions on mortuary sites Right Ans - -Ordinances
-Building codes
-Deed restrictions/Restrictive covenants
-Nuisance
Types of Ordinances Right Ans - Zoning Special use permits
Types of Building codes Right Ans - Electric
Parking
Plumbing
Signs
Other
Provision in a deed that limits the use of property and prohibits certain uses Right Ans - Deed restrictions/Restrictive covenants
Anything unlawful that causes hurt, inconvenience, or damage Right Ans - Nuisance
Nuisance in regards to funeral homes Right Ans - Land owners use of property that interferes with the public or other landowners use of their property
Types of Nuisance Right Ans - Nuisance per se ("as it is")
Nuisance in fact
Acts, occupations, or structures which are nuisances at all times and under all circumstances Right Ans - Nuisance per se Nuisance per se may be Right Ans - Prejudicial to public morals, dangerous to life, or injurious to public rights
Examples of nuisance per se ("as it is") Right Ans - Bar
Prison
Activities that take place that could create inconveniences Right Ans - Nuisance in fact
Nuisance in fact may become nuisances by Right Ans - Circumstances of location or the manner in which they operate
Examples of nuisance in fact Right Ans - Traffic involved in a funeral
Parking
Hours of operation
Administrative laws or regulations impacting the funeral establishment Right Ans - Federal standards
State standards
Administrative laws or regulations impacting the funeral establishment federal standards Right Ans - - Occupational Safety and Health Act - OSHA
- Environmental Protection Agency - EPA
- Americans with Disabilities Act - ADA
- Music licensing, other copyright, trademark, and patent infringement
Administrative laws or regulations impacting the funeral establishment state standards (may vary by state) Right Ans - Health codes
Fire and Safety Standards
Fixed location
Adequate licensed personnel
Access to rolling stock
Adequate facilities for conducting funerals
Display room with adequate number and selection of caskets
Adequately equipped preparation room
Adequately equipped preparation room Right Ans - Sufficient size
Secluded from the public
Walls, ceiling and floor nonporous and easy to clean
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