Montana Code 39-9-212. Home inspector registration — penalty — rulemaking
39-9-212. Home inspector registration — penalty — rulemaking. (1) A home inspector, whether as an individual or a partnership, corporation, or manager-managed or member-managed limited liability company, shall register with the department on forms provided by the department and pay a registration fee for each home inspector covered by the registration. The registration fee must be set by the department by rule as provided in 39-9-206.
Terms Used In Montana Code 39-9-212
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of labor and industry. See Montana Code 39-9-102
- Home inspection: means a physical examination of a residential dwelling to identify major defects in various attributes of or attachments to the dwelling, including mechanical, electrical, and plumbing systems in addition to structural and other essential components. See Montana Code 39-9-102
- Home inspector: means a person who performs a home inspection for compensation. See Montana Code 39-9-102
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)For a first-time registration, a home inspector shall document that each person working under the registration certificate as a home inspector:
(a)has successfully completed a minimum of 40 hours of comprehensive home inspection instruction approved by the department or a passing grade on the national home inspector examination offered by the examination board of professional home inspectors or another national examination as provided by the department by rule;
(b)is a member of a national home inspection association; and
(c)is covered by liability insurance, a minimum of $100,000 coverage in errors and omissions insurance, and either workers’ compensation coverage or, if the home inspector is self-employed with no other employees and does not have workers’ compensation coverage, an independent contractor’s exemption certificate.
(3)A home inspector renewing a registration shall provide documentation that each home inspector covered by the registration:
(a)has completed 40 hours of continuing education over the prior 2 years;
(b)is a member in a national home inspection association; and
(c)is covered by liability insurance, a minimum of $100,000 in errors and omissions insurance, and either workers’ compensation coverage or an independent contractor’s exemption certificate if the home inspector is self-employed with no other employees.
(4)Failure to register and pay a registration fee may result in:
(a)a fine as determined by the department by rule; and
(b)removal of the home inspector’s registration on the department’s website used to list registered home inspectors. Upon payment of the registration fee, the department shall reinstate the listing and charge a fee for reinstatement as provided in 39-9-206.
(5)(a) A fee or fine collected under this section must be deposited in a state special revenue account to the credit of the department for administration and enforcement of this chapter.
(b)A penalty under this section does not apply to a violation that is determined to be an inadvertent error.
(6)The department may adopt rules to implement this section.