Parish Cemetery Regulations

FOULKSTOWN ROMAN CATHOLIC CEMETERYINCORPORATING ST. PATRICK’S CEMETERY 

The terms and conditions set out below, together with the Schedule of Cost, were ratified at an ordinary meeting of St. Patrick’s Parish Pastoral Council and shall govern the operation and management of Foulkstown Cemetery incorporating St. Patrick’s Cemetery hereinafter referred to as ‘The Parish Cemetery’.These terms and conditions shall apply from 1st December 2020 and remain in effect until amended or otherwise by the Team Leader /Administrator of St. Patrick’s Parish who may from time to time, revise these rules and regulations and make reasonable administration and rules for the conduct of the cemetery.  

OPERATION AND MANAGEMENT OF THE CEMETERY

  1. The Team leader or Parish Administrator duly appointed shall be solely responsible for the management of Foulkstown and St. Patrick’s Cemeteries and the setting of rules and revision of said rules from time to time. 

The Parish Cemeteries are the absolute private property of the parish. The right of burial in the cemeteries is granted subject to the decrees and canons of the Catholic Church and the rules and regulations of the Parish Cemeteries in force at any particular time. A Cemetery Committee chaired by the Team leader / Administrator will advise in matters relevant to the management of the Parish Cemeteries. 

PURCHASING A RIGHT OF BURIAL

  1. A right of burial in The Parish Cemetery is ordinarily purchased at the time of death. No one including parishioners) have any automatic right to purchase the right to be buried in the Parish Cemetery.


  1. The Team leader / Administrator reserves the absolute right to refuse to sell a right of burial without having to give any reason for his decision and the Team leader / Administrator for the time being will set the cost of purchasing a right of burial in the Parish Cemetery and which cost will be reviewed periodically.   


THE PURCHASE OF A RIGHT OF BURIAL

  1. The purchase of a right of burial is a permission to bury in the Parish Cemetery and does not confer any right of ownership or tenancy or any other occupation of rights of any nature to the said plot on any family or individual. The Parish shall continue to exercise its right of ownership to the land at all times. Only one individual is recognised as the registered holder of a right of burial.  


ALLOCATION OF BURIAL SPACES

  1. Burial plots are allocated when needed. Unless otherwise directed by the Team leader / Administrator, all burial spaces are allocated strictly in rotation. 



EXERCISING THE RIGHT OF BURIAL PURCHASED

  1. The right of burial purchased shall only be exercised in respect of: 
  2. the holder of a right of burial i.e. the individual named on the certificate and /or receipt issued by or on behalf of the Parish or the surviving spouse of the holder of a right to burial. 
  3. A person or persons having a close and relevant connection to the holder of the right to burial, provided that such persons produce evidence of a close and relevant connection to the holder of the right of burial to the satisfaction of the Team leader / Administrator and satisfactory documentary evidence that other persons who enjoy a close and relevant connection to the holder of the right of burial have no objection to the said person exercising such a right of burial.


TRANSFERRING A RIGHT OF BURIAL

  1. If the lawful holder (or surviving spouse of the lawful holder) of a right of burial wishes to transfer the right of burial to another person having a close and relevant connection to the lawful holder of the right of burial, he/she must complete a Letter of Transfer and Statutory Declaration witnessed in the presence of one of the following: a peace commissioner, a public notary, a commissioner for oaths, or a practising solicitor subject at all times to the discretion and consent of the Team leader / Administrator. 
  2. In the event of the original lawful holder (or surviving spouse of the lawful holder) of a right of burial being deceased, the transfer of ownership of burial rights can only proceed when satisfactory documentary evidence of a close connection to the deceased holder of the right of burial is produced and confirmation that other persons who enjoy a close and relevant connection to the original holder of the right of burial have no objection to the said person becoming the new holder of such a right of burial. 


ADJUDICATION OF DISPUTES

  1. The Team leader / Administrator reserves the absolute right in his sole discretion to allow any burial or to refuse to open, or allow to be opened, an existing grave to facilitate further burials and will not, in any circumstances, adjudicate in disputes regarding the opening of graves of additional burials in an existing grave. 


NOTIFICATION OF BURIALS TO THE PARISH

  1. Notification of all burials, including burial of cremated remains, must be made and consent given prior to interment, to the Parish Office by the Funeral Undertaker reserved by the representatives of the deceased. No grave shall be opened without the express consent of the Team leader / Administrator, or other lawfully appointed person.  


LAWS GOVERNING BURIALS & THEIR APPLICATION

  1. All burials in the Parish Cemetery shall be in accordance with such laws as are from time to time in force in relation to the operation of burial grounds and interment. It shall be the responsibility of the person purchasing or exercising the right of burial on behalf of the deceased to ensure compliance with such law and in this regard such individual(s) will be deemed responsible for the actions or omissions of any such service providers that he/she/they engage including, but not limited to, undertakers, gravediggers, and monumental works providers. In particular, regard shall be had to the following, this not being an exhaustive list:
  2. Up to 3 burials are permitted in a single grave. 

         Up to 6 burials are permitted in a double grave. 

  1. Any plot opened for the first time shall be sunk      to a perpendicular depth of 8 feet. 
  2. Except in exceptional circumstances, one person only shall be buried in a grave at any one time. A limited number of burials only may take place in any given grave and the Team leader / Administrator shall make the final decision as to whether a grave may or may not be opened to facilitate a burial. The factors to be taken into account include the number previous burials, the remaining depth below the ordinary surface level of the grave from the last burial, and the general condition of the ground. When a request is made to open a grave, the grave will be investigated to establish the depth and condition prior to making any decision in this regard.      However, if on re-opening any grave, the soil is found to be offensive such soil shall not be disturbed. In no circumstances shall human remains be removed from the grave. 
  3.      The lid or upper surface of every coffin interred      shall be no less than 1.22m (4’) from below      ordinary level of the ground above.
  4. All grave openings and burials shall take place during daylight hours except with the express written      permission of the Team leader / Administrator. 

          HOW ACCESS TO THE CEMETERY IS ACHIEVED FOR WORKS TO FUNERARY MONUMENTS

  1. Application to erect, renovate or make alterations to funerary monuments must be made to and consent to same given by the Parish Office prior to the commencement of any work. Access to the Cemetery will be provided and works may commence once the Team leader / Administrator is satisfied that he proposed works are compliant with the regulations outlined below. 


REGULATIONS FOR ERECTION OF MONUMENTS & MAINTENANCE OF GRAVES

  1. Headstones shall not exceed 4ft 6inches and is measured from the concrete base provided by the cemetery committee. The headstone is to rest on this base provided. 
  2. Graves that are being curbed must not extend beyond the actual size of the grave(s) purchased. 
  3. Encroachment upon burial plots used by other holders of a right to burial or on any piece of land beyond the boundary of a said burial plot is strictly forbidden.  The parish accepts no responsibilities or liability for any encroachment. In such circumstances the cost of providing another burial plot will be borne by the individual deemed responsible for the encroachment. 
  4. A plinth may be installed at the base of headstones to accommodate floral tributes, mementos etc. 
  5. No trees are permitted to be planted on graves as they may interfere with other graves and foundations. 


  1. No other headstones, monuments, statues or other permanent memorials will be permitted and any erected in contravention of these terms and conditions, if not removed within 30 days of a demand by the Team leader / Administrator, will result in the offending item being removed and the costs of said removal shall be borne by the individual deemed responsible for the erection of the item. 
  2. The Parish accepts no responsibility or liability for any loss, damage or injury to any person or property howsoever incurred (including headstones) in the Parish Cemetery. 


BEHAVIOURS, ACTIVITIES & SUBSTANCES WHICH ARE PROHIBITED IN THE CEMETERY AND RESERVED RIGHTS OF ACCESS TO THE CEMETERY

  1. Foulkstown and St. Patrick’s Cemeteries are a sacred place where the remains of the deceased rest and it must be treated with respect by all who enter onto the property. 
  2. No drugs and/or alcohol shall be consumed in the Cemetery at any time. 
  3. Any offensive or anti-social behaviour shall be reported to An Garda Síochána.
  4. Dogs shall not be permitted in the cemetery with the exception of guide dogs. 
  5. Illegal dumping and littering in the Cemeteries are strictly forbidden. 
  6. Members of the Public and Visitors to the Church and the Cemetery should be aware that CCTV cameras are in operation. 
  7. The Parish reserves the right to prohibit public access to the cemetery for unspecified periods of time. 
  8. The Parish reserves the right to prohibit access to the cemetery when it is necessitated by health and safety concerns, security issues and maintenance requirements. 


SCHEDULE OF COSTS

  1. The Team leader / Administrator reserves the right to determine the schedule of dimensions and costs.
  2. The current schedule of costs are available from the Parish Office.
  3. No erection of funerary monuments of any works whatsoever will be permitted to be carried out on any burial plot by any persons until payment for right of burial purchased is received in full.