As used in this chapter and chapter 2 of this title, unless the context otherwise requires:

(1) “Cemetery” means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains;

Terms Used In Tennessee Code 46-1-102

  • Cemetery: means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. See Tennessee Code 46-1-102
  • Cemetery company: means an individual, partnership, corporation, or association, now or hereafter organized, owning or controlling cemetery lands or property and conducting the business of a cemetery. See Tennessee Code 46-1-102
  • Cemetery merchandise: means personal property sold by a cemetery company, such as foundations, markers, memorials, memorial bases, monuments, urns, vases, and lawn and mausoleum crypts. See Tennessee Code 46-1-102
  • Chambers: A judge's office.
  • Columbarium: means a structure, room or space in a building or structure used, or intended to be used, for the interment of cremated human remains. See Tennessee Code 46-1-102
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 46-1-102
  • Consumer price index: means the consumer price index (all items-United States city average), as published by the United States department of labor, bureau of labor statistics. See Tennessee Code 46-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Crypt: means a chamber of sufficient size to inter the remains of a deceased person. See Tennessee Code 46-1-102
  • grave space: means a space of ground in a cemetery used or intended to be used for interment, the beautification of the ground, or the memorialization of the deceased person. See Tennessee Code 46-1-102
  • Interment: means any lawful disposition of the remains of a deceased person as provided by law. See Tennessee Code 46-1-102
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Mausoleum crypts: means chambers contained in a structure or building constructed of reinforced concrete, whether assembled above or below ground. See Tennessee Code 46-1-102
  • Memorial care: includes , but is not limited to, resetting or straightening tipped commodities, replacing damaged commodities, and providing for the general maintenance of commodities. See Tennessee Code 46-1-102
  • Niche: means a space in a columbarium used, or intended to be used, for the interment of the cremated remains of one (1) or more deceased persons. See Tennessee Code 46-1-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • remains: means the body of a deceased person, including the body in any stage of decomposition, and cremated remains. See Tennessee Code 46-1-102
  • Services: means acts performed by a cemetery company on its premises in the final interment of human remains or the installation of cemetery merchandise used in connection with final interment. See Tennessee Code 46-1-102
  • Specific funds: means funds identified with cemetery merchandise to be delivered, or services to be performed, as specified in a certain contract and earmarked as having been paid by a certain purchaser. See Tennessee Code 46-1-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(2) “Cemetery company” means an individual, partnership, corporation, or association, now or hereafter organized, owning or controlling cemetery lands or property and conducting the business of a cemetery;
(3) “Cemetery merchandise” means personal property sold by a cemetery company, such as foundations, markers, memorials, memorial bases, monuments, urns, vases, and lawn and mausoleum crypts;
(4) “Cemetery operator” means any owner, director, principal, manager, member, stockholder with a majority ownership interest, or other person who has any ownership interest in, or has any control over, the financial operations of a cemetery company;
(5) “Cemetery purposes” means all things requisite or necessary for, or incident or convenient to, the establishment, maintenance, management, operation, improvement and conduct of a cemetery, the preparation of the premises for interment and the interment of the human dead, and the care, preservation and embellishment of cemetery property;
(6) “Columbarium” means a structure, room or space in a building or structure used, or intended to be used, for the interment of cremated human remains;
(7) “Commissioner” means the commissioner of commerce and insurance;
(8) “Commodity” includes, but is not limited to, memorials consisting of permanent monuments or gravemarkers of marble, granite or bronze, bronze plaques, or bronze vases, and foundations or footings of the memorials. “Commodity” does not include floral arrangements and plants;
(9) “Consumer price index” means the consumer price index (all items-United States city average), as published by the United States department of labor, bureau of labor statistics;
(10) “Crypt” means a chamber of sufficient size to inter the remains of a deceased person;
(11) “General fund” means the sum total of specific funds placed in a single fund;
(12) “Human remains” or “remains” means the body of a deceased person, including the body in any stage of decomposition, and cremated remains;
(13) “Improvement care” means the continual maintenance of the cemetery grounds and graves in keeping with a properly maintained cemetery, including cutting of grass, raking and cleaning of cemetery plots at reasonable intervals, and pruning of shrubs and trees; memorial care of commodities; procuring, maintaining and keeping in workable condition the machinery, tools and equipment needed for the shop and replacing the machinery, tools and equipment when necessary; keeping in repair and preserving the drains, water lines, roads, buildings, fences and other structures, including cemetery-owned statues and embellishments of general character applicable to the cemetery as a whole or a particular area; and paying of insurance premiums and maintaining necessary records of lot ownership, burials and other necessary information and making the records available to public authorities and interested persons;
(14) “Interment” means any lawful disposition of the remains of a deceased person as provided by law;
(15) “Interment right” means the right to inter human remains in a particular space in a cemetery, including, but not limited to a grave space, mausoleum crypt, niche, memorial bench, or scattering garden;
(16) “Lawn crypts” means pre-installed, below-the-ground concrete chambers, either single or double depth, covered by earth or sod;
(17) “Lot” or “grave space” means a space of ground in a cemetery used or intended to be used for interment, the beautification of the ground, or the memorialization of the deceased person;
(18) “Mausoleum crypts” means chambers contained in a structure or building constructed of reinforced concrete, whether assembled above or below ground;
(19) “Memorial care” includes, but is not limited to, resetting or straightening tipped commodities, replacing damaged commodities, and providing for the general maintenance of commodities;
(20) “Niche” means a space in a columbarium used, or intended to be used, for the interment of the cremated remains of one (1) or more deceased persons;
(21) “Pre-need” means the time prior to death when the use of cemetery merchandise or services is not actually required;
(22) “Services” means acts performed by a cemetery company on its premises in the final interment of human remains or the installation of cemetery merchandise used in connection with final interment;
(23) “Specific funds” means funds identified with cemetery merchandise to be delivered, or services to be performed, as specified in a certain contract and earmarked as having been paid by a certain purchaser; and
(24) “Undeveloped” means real property that is not presently suitable for interment, entombment or inurnment as described in the purchase agreement.
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