Montana Code 39-9-206. Fees — education program
39-9-206. Fees — education program. (1) The department shall charge fees to construction contractors and home inspectors for:
Terms Used In Montana Code 39-9-206
- Construction contractor: means a person, firm, or corporation that:
(a)in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish for another a building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works, or the installation or repair of roofing or siding; or
(b)in order to do work similar to that described in subsection (1)(a) upon the construction contractor's property, employs members of more than one trade on a single job or under a single building permit, except as otherwise provided. See Montana Code 39-9-102
- 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
- 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
(a)issuance, renewal, and reinstatement of certificates of registration; and
(b)change of name, address, or business structure.
(2)The department shall set the fees by administrative rule. The fees must cover the full cost of issuing certificates, filing papers and notices, and administering and enforcing this chapter. The costs include reproduction, travel, per diem, and administrative and legal support costs.
(3)The fees charged in subsection (1)(a) may not exceed:
(a)for a construction contractor:
(i)$70 for the initial registration certificate; or
(ii)$70 for the renewal or reinstatement of a registration certificate; or
(b)for a home inspector, an amount determined in rule for the initial registration certificate or for the renewal or reinstatement of a registration certificate.
(4)The fees collected under this section must be deposited in a state special revenue account to the credit of the department for the administration and enforcement of this chapter and independent contractor certification provided for in Title 39, chapter 71, part 4.
(5)The department shall establish, cooperatively with representatives of the building industry and the home inspection industry, an industry and consumer information program, funded with 15% of the fees, to educate the building industry and home inspectors about the registration requirements and to educate the public regarding the hiring of building construction contractors and home inspectors.
(6)The fee for a joint application for a certificate of registration and an independent contractor exemption certificate may not exceed the total fee charged for a certificate of registration and an independent contractor exemption certificate that are obtained separately. The fee paid for the independent contractor exemption certificate may be used by the department to offset the cost of administering independent contractor certification provided for in Title 39, chapter 71, part 4.