(a) A cemetery company may maintain an infant interment garden if:
(1) The cemetery company provides the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a letter of intent to establish an infant interment garden and a map of the location for the infant interment garden;
(2) The infant interment garden is made available to the public and to existing families and property owners of the permitted cemetery on a nondiscriminatory basis;
(3) No charge is made to the family, next of kin, or any agency for the space, interment, and opening and closing services;
(4) The infant interment garden complies with the rules and regulations of the cemetery on file with the board; and
(5) The conveyance and recordkeeping requirements of §§ 20-17-1019 and 20-17-1022 are satisfied for each interment in the infant interment garden.
(b) An infant interment garden that complies with this section is not subject to the deposit requirements of § 20-17-1016.