South Carolina General Assembly
107th Session, 1987-1988

Bill 177

                    Current Status

Bill Number:               177
Ratification Number:       255
Act Number                 181
Introducing Body:          Senate
Subject:                   Funeral vaults must be at least ten
                           inches below the earth's surface
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A181, R255, S177)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-55-100 SO AS TO PROVIDE THAT FUNERAL VAULTS MUST BE AT LEAST TEN INCHES BELOW THE EARTH'S SURFACE WHERE EXCAVATION FOR THE VAULT MAY BE ACCOMPLISHED WITHOUT DRILLING OR USE OF EQUIPMENT OTHER THAN A SHOVEL, TO DEFINE "FUNERAL VAULT", TO PROVIDE THAT THIS REQUIREMENT DOES NOT APPLY IN COASTAL LOWLAND CEMETERIES SUBJECT TO TIDAL OR SURFACE WATER FLOODING, TO ALLOW FUNERAL VAULTS TO BE AT GROUND LEVEL IN COASTAL LOWLAND CEMETERIES WITH A WATER TABLE AT LEAST TWO FEET BELOW GROUND LEVEL WHICH ARE NOT SUBJECT TO TIDAL OR SURFACE WATER FLOODING, TO PROVIDE A PENALTY FOR VIOLATIONS, AND TO REPEAL CHAPTER 73 OF TITLE 44 OF THE 1976 CODE RELATING TO FUNERAL VAULTS.

Be it enacted by the General Assembly of the State of South Carolina:

Depth requirements

SECTION 1. Chapter 55 of Title 39 of the 1976 Code is amended by adding:

"Section 39-55-100. (A) Where the excavation can be accomplished without drilling or the use of equipment other than a shovel, funeral vaults must be at least ten inches below the earth's surface. As used in this section, 'funeral vaults' means caskets, grave liners, or other outer burial containers. It does not include markers, monuments, or crypts constructed in a mausoleum or columbarium.

(B) This section does not apply to cemeteries located in the coastal/lowland areas which are subject to tidal or surface flooding or have a high-level water table, except that vaults may be placed level with the ground in coastal/lowland cemeteries where the water table is at least two feet below ground level and which cemeteries are not subject to tidal or surface water flooding.

(C) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."

Obsolete provision repealed

SECTION 2. The 1976 Code is amended by repealing Chapter 73 of Title 44.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.