12. Cemetery Bye-Laws No.s 20-36: Responsibilities of Burial Rights Owners (Summary Document Section J)

Sandblasting of old Headstones

20.

Sandblasting or polishing of old headstones may weaken the headstone. Approval must be sought from the Council prior to any sandblasting or polishing works being carried out to old headstones (pre 1900AD). The Council may issue guidelines in respect of cleaning old graves.

Trees

21.

No trees shall be planted on any grave space in any cemetery.

Gravespace Management

22.

1. The planting of shrubs or flowers, and placing of ornaments on gravespaces in lawn cemeteries is not permitted.
2. In older cemeteries the planting of flowers on gravespaces shall only take place where the gravespaces are already enclosed by kerbs.
3. It shall be the responsibility of the owners of gravespaces or their representatives to remove any flowers or wreaths placed on graves within six weeks of interment. Artificial flowers shall be removed at this time also.
4. Memorial flowers will be permitted on the headstone beam or plinth.
5. Cemetery staff may move/remove items at their discretion to ensure good management of the cemetery.

Erection of Monuments

23.

1. An application form to erect a headstone or to replace an existing headstone must be submitted to the Council.
2. A descriptive statement of what is proposed, together with a dimensioned drawing to a scale of not less than 1 is to 20 shall be included with application form for approval.
3. All structures shall have reinforced concrete bases with dowels, specifications of the dowels to be included on the application.
4. The heights of any structure proposed shall not exceed 1.2m (4ft 6ins) above beam level.
5. An exception in the case exists where a Celtic Cross is permitted once it does not exceed 2.13m (7 ft) in height.
6. The base of plinth for flowers or headstones for a single plot shall measure a maximum of 1.2m (3ft 10ins) long x 254mm (10ins) high.

No tomb, monument, vault, headstone, tablet or permanent structure of any description or material shall be erected or constructed on any place of burial in the cemetery, unless and until the structure has been approved of in writing by an Official of the Council.

8. Height restrictions apply in the case of lawn cemeteries, new cemeteries and extensions to existing cemeteries. In the case of existing cemeteries, exceptions are by written permission only.  The number of the grave space shall be clearly identified on the face of the headstone base.
9. A Headstone Permit to erect a tomb, monument, vault, tablet or permanent structure of any description must be available for inspection by any Council Official on demand.
10. The Council may at its absolute discretion remove a headstone or any permanent structure which has not been erected in accordance with the terms of its headstone permit or in cases where a headstone permit has not been obtained.

Perishable and unsuitable materials

24.

The use of materials of a perishable nature such as timber, ironwork or the like as part of any monument or structure in any cemetery will not be permitted, except in cases of the erection of a temporary monument. Temporary monuments would be for a period of less than 12 months.

Kerbs/

Footstones Etc

25.

1. Where any cemetery or part of a cemetery has been provided and developed as a lawn cemetery, no kerbstones/footstones of any description will be permitted.
2. In any cemetery, other than a lawn cemetery, where the layout is such that the Council may specify that the Council may grant permission for kerbs to be erected, the Council may specify that the top of the kerb shall be kept flush with the adjoining ground level. 
3. Railings, chains and wind chimes are not permissible on gravespaces or monuments. No monument or fences constructed of plastic, wood, glass, ferrous metals or tiles shall be permitted.

Foundation using Beams

26.

In any cemetery where headstone beams have been provided at any time, the headstone or any other type of monument being proposed shall be erected using the appropriate headstone beam as the foundation. Stainless steel dowels of appropriate length should be used.

Foundation where Beam will not be available.

27.

Where the beam is not provided the foundation for the headstone shall be cast as a single unit. The foundation shall be constructed of good quality concrete with an 8-day crushing strength of not less than 30N/mm2. The minimum dimensions shall be 300mm (1ft) deep by 225mm (9ins) wide. It shall contain minimum reinforcement of 4 No. 12mm (0.5ins) mild steel bars, 2 of which shall be located near the lower face of the foundation and 2 of which shall be located near the upper face of the foundation. The steel will have minimum cover on all sides of 50mm (2ins). The foundation shall be entirely within the boundaries of the gravespace, which it is enclosing. Full details of construction of beam should be agreed with the Council before commencement of work.

National Monuments

28.

Where a Burial Ground is located within or in the vicinity of a National Monument or within or in the vicinity of a location which is noted in the Record of Monuments and Places or a structure which is entered in the Record of Protected Structures, any monument erected in such a Burial Ground shall be in keeping with the character of such National Monument, Recorded Monument, Protected Structure and subject to the following guidelines:

1. No new grave space within the church building or ruin.
2. No new grave space within a minimum of 2m from the church building or ruin.
3. Any new headstone on an existing grave space within 2m of the church building must be of limestone and cannot exceed (including the foundation beam) 750mm in height. In cases of nationally important buildings this height may be further reduced to 500mm.
4. A beam may be placed on a double grave plot for the full width of the plot at the headstone end but no other kerbing or surrounds may be attached to the grave.
5. Beyond the immediate area 2m of the church building or ruins the headstone should preferably still be of limestone and should be of an appropriate design.
6. No kerbs should be attached and the cover of the burial plot should be of grass.
7. No works shall be carried out to any standing masonry ruins or masonry walls, or other structures without prior consultation with the Council and in compliance with all applicable statutory procedures and requirements.

Supervision of works

29.

All works in erecting monuments or the like carried out in the cemetery are subject to supervision and control of the Cemeteries Caretaker or Cemeteries staff. The permit to erect a headstone must be available on request for inspection. The dumping and mixing of sand, gravel and cement for making concrete will not be permitted on paths or unprotected ground, and must be carried out on portable platforms. All surplus materials left over when the work has been completed must be removed from within the confines of the cemetery by the contractor or the owner of the gravespace at the time of the completion of the works.

Removal of broken or other monuments

30.

1. The removal of broken or other monuments is the responsibility of the gravespace owner. The Council may take down and remove any monument, headstone, kerb, tablet or any other object which may have been placed at any time within the cemetery, either with or without authority, which may have fallen into decay, or which in the opinion of the Council is not being maintained or has become a nuisance, health and safety risk or a danger to users of the cemetery.  In such cases, the Council may recover the cost of any such removal from the gravespace owner(s) or their representative by a simple contract debt. If all reasonable efforts to contact the owner of the gravespace are unsuccessful, the Council will publish details of gravespaces which are not maintained to a satisfactory Health & Safety standard in local newspapers. If the published grave space is not attended to within the prescribed time frame the Council shall take steps to remedy the grave. No further burials shall take place in the grave until the full cost of repairs and maintenance are repaid to the Council.
2. Notwithstanding what is stated at Bye Law 30(I) above the same shall not confer any right on the Council and/or the burial rights owners to move or otherwise interfere with ancient headstones, footstones or other such feature within the vicinity of a National Monument or other place included in the Register of Monuments and Places.

Responsibility of grave owners / those with Title to the Grave.

31.

The grave owner must visit or charge a representative with the responsibility to inspect the grave and arrange to weed and remedy any health and safety risks.

Annual Maintenance Plots

32.

The Council may designate a cemetery or area of a cemetery as an area to meet demand for Annual Maintenance Plots. "Annual Maintenance Plots" shall mean gravespaces in a designated cemetery or designated area that is designated for the erection of outsized monumental headstones or larger sized graves. Gravespaces in this area will incur annual maintenance fees payable on the 1st of February each year due to the additional maintenance costs of maintaining non-lawn cemetery area.

Selling Articles

33.

No person shall sell or offer or expose for sale any articles, commodity or thing of any kind whatsoever or solicit for orders from the public within the cemetery. Any person soliciting orders within the cemeteries for the erection or repair of memorials will be required to leave the cemeteries and will not be admitted again without the permission of the Council.

Television and Cameras

34.

The use of still, cine and television cameras shall not be used to photograph mourners or any part of a funeral cortege within the cemetery, without the prior consent of the Council and the immediate family.  This however, does not preclude the Council from installing and maintaining Close Circuit Television (CCTV) for the purposes of security and public safety.

Walled Burial Plots

35.

All walled plots and vaults must be kept in repair by the burial rights owner.

Health and Safety Legislation.

36.

All persons carrying out work within a cemetery will have due regard to and shall comply with the provisions of the Health and Safety Legislation.