Terms Used In Virginia Code > Title 36 > Chapter 4 - Industrialized Building Safety Law

• Administrator: means the Director of the Department of Housing and Community Development or his designee. See Virginia Code 36-71.1
• Advertisement: means any information disseminated or placed before the public. See Virginia Code 54.1-2310
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• At-need: means at the time of death or while death is imminent. See Virginia Code 54.1-2310
• Board: means the Board of Housing and Community Development. See Virginia Code 36-71.1
• Board: means the Cemetery Board. See Virginia Code 54.1-2310
• Cemetery: means any land or structure used or intended to be used for the interment of human remains. See Virginia Code 54.1-2310
• Cemetery company: means any person engaged in the business of (i) selling or offering for sale any grave or entombment right in a cemetery and representing to the public that the entire cemetery, a single grave, or entombment right therein will be perpetually cared for; (ii) selling property or services, vaults, grave liners, urns, memorials, markers, and monuments used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed more than 120 days after receipt of the initial payment on account of such sale; or (iii) maintaining a facility used for the interment or disposal of the remains and required to maintain perpetual care or preneed trust funds in accordance with this chapter. See Virginia Code 54.1-2310
• Compliance agent: means a natural person who owns or is employed by a cemetery company to assure the compliance of the cemetery company with the provisions of this chapter. See Virginia Code 54.1-2310
• Compliance assurance agency: means an architect or professional engineer registered in Virginia, or an organization, determined by the Department to be specially qualified by reason of facilities, personnel, experience and demonstrated reliability, to investigate, test and evaluate industrialized buildings; to list such buildings complying with standards at least equal to those promulgated by the Board; to provide adequate follow-up services at the point of manufacture to ensure that production units are in full compliance; and to provide a label as evidence of compliance on each manufactured section or module. See Virginia Code 36-71.1
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-1400
• Department: means the Department of Housing and Community Development. See Virginia Code 36-71.1
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-1400
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Virginia Code 10.1-1400
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Executor: A male person named in a will to carry out the decedent
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Garden crypt: means a burial receptacle, usually constructed of reinforced concrete, installed in quantity on gravel or tile underlay. See Virginia Code 54.1-2310
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Grave: means a below-ground right of interment. See Virginia Code 54.1-2310
• In-person communication: means face-to-face communication and telephonic communication. See Virginia Code 54.1-2310
• Industrialized building: means a combination of one or more sections or modules, subject to state regulations and including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, to comprise a finished building. See Virginia Code 36-71.1
• lead acid battery: shall mean any wet cell battery. See Virginia Code 10.1-1425.1
• Mausoleum crypt: means a burial receptacle usually constructed of reinforced concrete and usually constructed or assembled above the ground and is considered real property. See Virginia Code 54.1-2310
• 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.
• Perpetual care trust fund: means a fund created to provide income to a cemetery to provide care, maintenance, administration and embellishment of the cemetery. See Virginia Code 54.1-2310
• Person: includes an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 10.1-1400
• Pollution prevention: means eliminating or reducing the use, generation or release at the source of environmental waste. See Virginia Code 10.1-1425.10
• Preneed: means at any time other than either at the time of death or while death is imminent. See Virginia Code 54.1-2310
• Preneed burial contract: means a contract for the sale of property or services used in connection with interring or disposing of the remains or commemorating the memory of a deceased human being, where delivery of the property or performance of the service may be delayed for more than 120 days after the receipt of initial payment on account of such sale. See Virginia Code 54.1-2310
• Registered: means that an industrialized building displays a registration seal issued by the Department of Housing and Community Development. See Virginia Code 36-71.1
• Seller: means the cemetery company. See Virginia Code 54.1-2310
• Solicitation: means initiating contact with consumers with the intent of influencing their selection of a cemetery. See Virginia Code 54.1-2310
• Solid waste: means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining, and agricultural operations, or community activities, but does not include (i) solid or dissolved material in domestic sewage; (ii) solid or dissolved material in irrigation return flows or in industrial discharges that are sources subject to a permit from the State Water Control Board; (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended; or (iv) post-use polymers or recovered feedstocks that are (a) processed at an advanced recycling facility or (b) held at or held for the purpose of conversion at such advanced recycling facility prior to conversion. See Virginia Code 10.1-1400
• Specific trust funds: means funds identified to a certain contract for personal property or services. See Virginia Code 54.1-2310
• this law: means the Virginia Industrialized Building Safety Law as provided in this chapter. See Virginia Code 36-71.1
• transportation: means any movement of property and any packing, loading, or unloading or storage incidental thereto. See Virginia Code 10.1-1400
• Treatment: means any method, technique, or process, including incineration or neutralization, designed to change the physical, chemical, or biological character or composition of any waste to neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to recovery or storage, or reduced in volume. See Virginia Code 10.1-1400
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Waste: means any solid, hazardous, or radioactive waste as defined in this section. See Virginia Code 10.1-1400