Montana Contractor Licensing Law

Montana Code · 16 sections

The following is the full text of Montana’s contractor licensing law statutes as published in the Montana Code. For the official version, see the Montana Legislature.

Mont. Code Ann. § 37-45-102

37-45-102. (Effective January 1, 2026) Definitions. As used in this chapter, the following definitions apply: (1) "Construction contractor" means, except as provided in 37-45-104, 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) on 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. (2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

Mont. Code Ann. § 37-45-104

37-45-104. Exemptions. As related to construction contractors, this chapter does not apply: (1) to an authorized representative of the United States government, the state of Montana, or any incorporated municipality, county, alternative form of local government, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state; (2) to an officer of a court acting within the scope of office; (3) to a public utility operating under the regulations of the public service commission or to a rural cooperative utility operating under Title 35, chapter 18, in construction, maintenance, or development work incidental to its own business; (4) to the repair or operation incidental to the discovery or production of oil or gas or incidental to the drilling, testing, abandoning, or other operation of an oil or gas well or a surface or underground mine or mineral deposit; (5) to the sale or installation of finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of a structure; (6) to the construction, alteration, improvement, or repair carried on within the limits and boundaries of a site or reservation under the exclusive legal jurisdiction of the federal government; (7) to a person who only furnished materials, supplies, or equipment without fabricating them into or consuming them in the performance of the work of the construction contractor; (8) to work or operation on one undertaking or project considered of a casual, minor, or inconsequential nature, by one or more contracts, the aggregate contract price of which, for labor and materials and all other items, is less than $2,500 a job. The exemption prescribed in this subsection does not apply when the work or construction is only a part of a larger or major operation, whether undertaken by the same or a different construction contractor, or in which a division of the operation is made into contracts of amounts of less than $2,500 a job for the purpose of evasion of this chapter or otherwise. (9) to a farmer or rancher while engaged in a farming, dairying, agriculture, viticulture, horticulture, or stock or poultry operation; (10) to an irrigation district or reclamation district; (11) to an operation related to clearing or other work upon land in rural districts for fire prevention purposes; (12) to an owner who contracts for work to be performed by a registered construction contractor, but this exemption does not apply to an owner who is otherwise covered by this chapter who constructs a residence on the owner's property with the intention and for the purpose of promptly selling the improved property; (13) to an owner working on the owner's property, whether occupied by the owner or not, but this exemption does not apply to an owner who is otherwise covered by this chapter who constructs an improvement on the owner's property with the intention and for the purpose of promptly selling the improved property, unless the owner has continuously occupied the property as the owner's primary residence for at least the last 12 months; (14) to owners of commercial properties who use their own employees to do maintenance, repair, and alteration work in or upon their own properties; (15) to an architect, civil or professional engineer, or professional land surveyor, licensed in Montana and acting solely in a professional capacity; (16) to an electrician or plumber, licensed in Montana, operating within the scope of the license; (17) to a contract security company, licensed under Title 37, chapter 60, operating within the scope of the license; (18) to a person who engages in the activities regulated as an employee of a registered construction contractor with wages as the sole compensation or as an employee with wages as the sole compensation; (19) to a person or entity licensed under Title 50, chapter 39, to sell, install, or service fire suppression or fire protection equipment; (20) to a water well contractor licensed under Title 37, chapter 43, performing the work of a water well contractor; (21) to an enrolled tribal member or an association, business, corporation, or other entity, at least 51% of which is owned by an enrolled tribal member or members and whose business is conducted solely within the exterior boundaries of an Indian reservation; (22) to a contractor engaged in the logging industry who builds forest access roads for the purpose of harvesting and transporting logs from forest to mill; (23) to a person working on the person's own residence, if the residence is owned by a person other than the resident; or (24) to an independent contractor who has no employees. However, an independent contractor may voluntarily elect to register under this chapter.

Mont. Code Ann. § 37-45-201

37-45-201. (Effective January 1, 2026) Construction contractor license required -- application. (1) An individual or business entity may not engage in business as a construction contractor without a current license from the department. The license must include the following information: (a) the applicant's social security number; (b) proof of compliance with workers' compensation laws; (c) the internal revenue service employer identification number, if any; and (d) the name and address of: (i) each partner if the applicant is a firm or partnership; (ii) the owner if the applicant is an individual partnership; (iii) the corporate officers and registered agent if the applicant is a corporation; or (iv) the manager of a manager-managed limited liability company or the members of a member-managed limited liability company and the registered agent if the applicant is a limited liability company. (2) Section 37-1-137 applies to all persons listed in subsection (1)(d) of this section.

Mont. Code Ann. § 37-45-202

37-45-202. (Effective January 1, 2026) Licensing -- limiting liability. A person who, pursuant to an oral or written contract, engages a construction contractor who is licensed under this chapter on the date of the contract is not liable as an employer for workers' compensation coverage under 39-71-405, for unemployment insurance coverage, or for wages and fringe benefits for: (1) the licensed construction contractor; (2) the employees of the licensed construction contractor; or (3) a subsequent subcontractor or the employees of a subsequent subcontractor engaged to fulfill a part of or all the obligations of the oral or written contract of the licensed construction contractor listed in subsection (1).

Mont. Code Ann. § 37-45-203

37-45-203. (Effective January 1, 2026) Fees -- education fund -- fines. (1) Each applicant for a construction contractor license shall pay an application fee established by the department. (2) The fees collected under this chapter in accordance with 37-1-134 must be deposited in a special revenue account for administration and enforcement of this chapter. (3) The department shall provide, in cooperation with building industry stakeholders, a program to educate consumers and the building industry about construction contractor licensing requirements. (4) A fine collected from a construction contractor under 37-1-109 or 37-1-406 must be deposited in the uninsured employers' fund established in 39-71-503.

Mont. Code Ann. § 37-45-204

37-45-204. Provisions exclusive -- certain local authority not limited or abridged. The provisions of this chapter relating to the registration or licensing of a person, firm, or corporation, including the requirement of a bond with the state of Montana named as obligee and the collection of a fee, are exclusive for registered construction contractors. A political subdivision of the state may not require or issue any registrations, licenses, or bonds for the same or a similar purpose. However, this section does not limit or abridge the authority of a local government to levy and collect a general and nondiscriminatory license fee levied upon all businesses. This section does not limit the authority of a local government with respect to contractors not required to be registered under this chapter.

Mont. Code Ann. § 37-45-301

37-45-301. (Effective January 1, 2026) Unprofessional conduct -- rulemaking authority. (1) The following is unprofessional conduct for a construction contractor licensee, a license applicant, or on behalf of the licensee as an individual listed in 37-45-201(1)(d): (a) fraud, misrepresentation, deception, or concealment of a material fact in: (i) applying for or assisting in securing a license or license renewal; (ii) advertising; (iii) written communications with a client; or (iv) a contract, written contract negotiations, or in written communications with a person with whom the licensee has a contract; (b) misappropriating funds from a client; (c) interference with an investigation into a construction contractor license by the department by: (i) failure to respond or cooperate with requests from the department; (ii) willful misrepresentation of facts relevant to the investigation; or (iii) use of threats or harassment against a client or witness to prevent the client or witness from providing evidence to the department; (d) hiring or classifying a person as an independent contractor if: (i) the person does not have an independent contractor exemption certificate if required by 39-71-417; (ii) the department has suspended, revoked, or denied the person's independent contractor exemption certificate; or (iii) the person is hired to work in a trade, business, occupation, or profession that is not listed on the independent contractor exemption certificate; (e) allowing an independent contractor to perform work not in the trade, business, occupation, or profession listed on their independent contractor exemption certificate; or (f) failing to comply with: (i) the Workers' Compensation Act, Title 39, chapter 71; (ii) the Unemployment Insurance Law, Title 39, chapter 51; or (iii) the wage payment, minimum wage, and overtime payment provisions of Title 39, chapter 3. (2) (a) Failure to comply with the provisions of this section constitutes unprofessional conduct, and the provisions of 37-1-402 apply. The provisions of 37-1-410 do not apply to a construction contractor license or license applicant under this chapter. (b) The department may adopt additional unprofessional conduct standards by rule.

Mont. Code Ann. § 37-51-102

37-51-102. Definitions. Unless the context requires otherwise, in this chapter the following definitions apply: (1) (a) "Adverse material fact" means a fact that should be recognized by a broker or salesperson as being significant enough to affect a person's decision to enter into a contract to buy or sell real property and may be a fact that: (i) materially affects the value, affects the structural integrity, or presents a documented health risk to occupants of the property; or (ii) materially affects the buyer's ability or intent to perform the buyer's obligations under a proposed or existing contract. (b) The term does not include the fact that an occupant of the property has or has had a communicable disease or that the property was the site of a suicide or felony. (2) "Asset management" means management, oversight, or direct actions taken to maintain or transfer any real property before a foreclosure sale or in preparation for liquidation of real property owned by the client pursuant to a foreclosure sale. This includes any action taken to preserve, restore, or improve the value and to lessen the risk of damage to the property in preparation for liquidation of real property pursuant to a foreclosure sale. (3) "Board" means the board of realty regulation provided for in 2-15-1757. (4) "Broker" includes an individual who: (a) for another or for valuable consideration or who with the intent or expectation of receiving valuable consideration negotiates or attempts to negotiate the listing, sale, purchase, rental, exchange, or lease of real estate or of the improvements on real estate or collects rents or attempts to collect rents; (b) is employed by or on behalf of the owner or lessor of real estate to conduct the sale, leasing, subleasing, or other disposition of real estate for consideration; (c) engages in the business of charging an advance fee or contracting for collection of a fee in connection with a contract by which the individual undertakes primarily to promote the sale, lease, or other disposition of real estate in this state through its listing in a publication issued primarily for this purpose or for referral of information concerning real estate to brokers; (d) makes the advertising, sale, lease, or other real estate information available by public display to potential buyers; (e) aids or attempts or offers to aid, for a fee, any person in locating or obtaining any real estate for purchase or lease; (f) receives a fee, commission, or other compensation for referring to a licensed broker or salesperson the name of a prospective buyer or seller of real property; (g) performs asset management services for real property in conjunction with the marketing or transfer of the property; or (h) advertises or represents to the public that the individual is engaged in any of the activities referred to in this subsection (4). (5) "Buyer" means a person who is interested in acquiring an ownership interest in real property or who has entered into an agreement to acquire an interest in real property. The term includes tenants or potential tenants with respect to leases or rental agreements of real property. (6) "Buyer agent" means a broker or salesperson who, pursuant to a written buyer broker agreement, is acting as the agent of the buyer in a real estate transaction and includes a buyer subagent and an in-house buyer agent designate. (7) "Buyer broker agreement" means a written agreement in which a prospective buyer employs a broker to locate real estate of the type and with terms and conditions as designated in the written agreement. (8) "Buyer subagent" means a broker or salesperson who, pursuant to an offer of a subagency, acts as the agent of a buyer. (9) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17. (10) "Dual agent" means a broker or salesperson who, pursuant to a written listing agreement or buyer broker agreement or as a buyer or seller subagent, acts as the agent of both the buyer and seller with written authorization, as provided in 37-51-314. An in-house buyer or seller agent designate may not be considered a dual agent. (11) "Franchise agreement" means a contract or agreement by which: (a) a franchisee is granted the right to engage in business under a marketing plan prescribed in substantial part by the franchisor; (b) the operation of the franchisee's business is substantially associated with the franchisor's trademark, trade name, logotype, or other commercial symbol or advertising designating the franchisor; and (c) the franchisee is required to pay, directly or indirectly, a fee for the right to operate under the agreement. (12) "In-house buyer agent designate" means a broker or salesperson employed by or associated as an independent contractor with a broker and designated by the broker as the exclusive agent for a buyer for a designated transaction and who may not be considered to be acting for other than the buyer with respect to the designated transaction. (13) "In-house seller agent designate" means a broker or salesperson employed by or associated as an independent contractor with a broker and designated by the broker as the exclusive agent for a seller for a designated transaction and who may not be considered to be acting for other than the seller with respect to the designated transaction. (14) "Listing agreement" means a written agreement between a seller and broker for the sale of real estate, with the terms and conditions set out in the agreement. (15) "Negotiations" includes: (a) efforts to act as an intermediary between parties to a real estate transaction; (b) facilitating and participating in contract discussions; (c) completing forms for offers, counteroffers, addendums, and other writings; and (d) presenting offers and counteroffers. (16) "Person" includes individuals, partnerships, associations, and corporations, foreign and domestic, except that when referring to a person licensed under this chapter, it means an individual. (17) "Real estate" includes leaseholds as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or nonfreehold and whether the real estate is situated in this state or elsewhere. (18) "Real estate transaction" means the sale, exchange, or lease or grant of an option for the sale, exchange, or lease of an interest in real estate and includes all communication, interposition, advisement, negotiation, and contract development and closing. (19) "Salesperson" includes an individual who for a salary, commission, or compensation of any kind is associated, either directly, indirectly, regularly, or occasionally, with a real estate broker to sell, purchase, or negotiate for the sale, purchase, exchange, or renting of real estate. (20) "Seller" means a person who has entered into a listing agreement to sell real estate and includes landlords who have an interest in or are a party to a lease or rental agreement. (21) "Seller agent" means a broker or salesperson who, pursuant to a written listing agreement, acts as the agent of a seller and includes a seller subagent and an in-house seller agent designate. (22) "Seller subagent" means a broker or salesperson who, pursuant to an offer of a subagency, acts as the agent of a seller. (23) (a) "Statutory broker" means a broker or salesperson who assists one or more parties to a real estate transaction without acting as an agent or representative of any party to the real estate transaction. (b) A broker or salesperson is presumed to be acting as a statutory broker unless the broker or salesperson has entered into a listing agreement with a seller or a buyer broker agreement with a buyer or has disclosed, as required in this chapter, a relationship other than that of a statutory broker. (24) "Supervising broker" means a licensed broker with whom a licensed salesperson is associated, directly, indirectly, regularly, or occasionally, to sell, purchase, or negotiate for the sale, purchase, exchange, or renting of real estate. (25) "Supervising broker endorsement" means an endorsement to a broker's license that is required of any licensed broker who supervises licensed salespersons performing real estate activity.

Mont. Code Ann. § 37-51-313

37-51-313. Duties, duration, and termination of relationship between broker or salesperson and buyer or seller. (1) The provisions of this chapter and the duties described in this section govern the relationships between brokers or salespersons and buyers or sellers and are intended to replace the duties of agents as provided elsewhere in state law and replace the common law as applied to these relationships. The terms "buyer agent", "dual agent", and "seller agent", as used in this chapter, are defined in 37-51-102 and are not related to the term "agent" as used elsewhere in state law. The duties of a broker or salesperson vary depending upon the relationship with a party to a real estate transaction and are as provided in this section. (2) A seller agent is obligated to the seller to: (a) act solely in the best interests of the seller, except that a seller agent, after written disclosure to the seller and with the seller's written consent, may represent multiple sellers of property or list properties for sale that may compete with the seller's property without breaching any obligation to the seller; (b) obey promptly and efficiently all lawful instructions of the seller; (c) disclose all relevant and material information that concerns the real estate transaction and that is known to the seller agent and not known or discoverable by the seller, unless the information is subject to confidentiality arising from a prior or existing agency relationship on the part of the seller agent with a buyer or another seller; (d) safeguard the seller's confidences; (e) exercise reasonable care, skill, and diligence in pursuing the seller's objectives and in complying with the terms established in the listing agreement; (f) fully account to the seller for any funds or property of the seller that comes into the seller agent's possession; and (g) comply with all applicable federal and state laws, rules, and regulations. (3) A seller agent is obligated to the buyer to: (a) disclose to a buyer or the buyer agent any adverse material facts that concern the property and that are known to the seller agent, except that the seller agent is not required to inspect the property or verify any statements made by the seller; (b) disclose to a buyer or the buyer agent when the seller agent has no personal knowledge of the veracity of information regarding adverse material facts that concern the property; (c) act in good faith with a buyer and a buyer agent; and (d) comply with all applicable federal and state laws, rules, and regulations. (4) A buyer agent is obligated to the buyer to: (a) act solely in the best interests of the buyer, except that a buyer agent, after written disclosure to the buyer and with the buyer's written consent, may represent multiple buyers interested in buying the same property or properties similar to the property in which the buyer is interested or show properties in which the buyer is interested to other prospective buyers without breaching any obligation to the buyer; (b) obey promptly and efficiently all lawful instructions of the buyer; (c) disclose all relevant and material information that concerns the real estate transaction and that is known to the buyer agent and not known or discoverable by the buyer, unless the information is subject to confidentiality arising from a prior or existing agency relationship on the part of the buyer agent with another buyer or a seller; (d) safeguard the buyer's confidences; (e) exercise reasonable care, skill, and diligence in pursuing the buyer's objectives and in complying with the terms established in the buyer broker agreement; (f) fully account to the buyer for any funds or property of the buyer that comes into the buyer agent's possession; and (g) comply with all applicable federal and state laws, rules, and regulations. (5) A buyer agent is obligated to the seller to: (a) disclose any adverse material facts that are known to the buyer agent and that concern the ability of the buyer to perform on any purchase offer; (b) disclose to the seller or the seller agent when the buyer agent has no personal knowledge of the veracity of information regarding adverse material facts that concern the ability of the buyer to perform on any purchase offer; (c) act in good faith with a seller and a seller agent; and (d) comply with all applicable federal and state laws, rules, and regulations. (6) A statutory broker is not the agent of the buyer or seller but nevertheless is obligated to them to: (a) disclose to: (i) a buyer or a buyer agent any adverse material facts that concern the property and that are known to the statutory broker, except that the statutory broker is not required to inspect the property or verify any statements made by the seller; (ii) a seller or a seller agent any adverse material facts that are known to the statutory broker and that concern the ability of the buyer to perform on any purchase offer; (b) exercise reasonable care, skill, and diligence in putting together a real estate transaction; and (c) comply with all applicable federal and state laws, rules, and regulations. (7) A dual agent is obligated to a seller in the same manner as a seller agent and is obligated to a buyer in the same manner as a buyer agent under this section except that a dual agent has a duty to disclose to a buyer or seller any adverse material facts that are known to the dual agent, regardless of any confidentiality considerations. (8) A dual agent may not disclose the following information without the written consent of the person to whom the information is confidential: (a) the fact that the buyer is willing to pay more than the offered purchase price; (b) the fact that the seller is willing to accept less than the purchase price that the seller is asking for the property; (c) factors motivating either party to buy or sell; and (d) any information that a party indicates in writing to the dual agent is to be kept confidential. (9) While managing properties for owners, a licensed real estate broker or licensed real estate salesperson is only required to meet the requirements of 37-56-105 through 37-56-107, other than those requirements for the licensing of property managers, and the rules adopted by the department to govern licensed property managers. (10) A licensed broker or salesperson must obtain an appropriate written buyer broker agreement or written listing agreement prior to performing the acts of a buyer agent or a seller agent. A licensed broker or salesperson who is acting as a buyer agent or a seller agent without a written buyer broker agreement or written listing agreement is nevertheless obligated to comply with the requirements of this chapter. (11) (a) The agency relationship of a buyer agent, seller agent, or dual agent continues until the earliest of the following dates: (i) completion of performance by the agent; (ii) the expiration date agreed to in the listing agreement or buyer broker agreement; or (iii) the occurrence of any authorized termination of the listing agreement or buyer broker agreement. (b) A statutory broker's relationship continues until the completion, termination, or abandonment of the real estate transaction giving rise to the relationship. (12) Upon termination of an agency relationship, a broker or salesperson does not have any further duties to the principal, except as follows: (a) to account for all money and property of the principal; (b) to keep confidential all information received during the course of the agency relationship that was made confidential at the principal's direction, except for: (i) subsequent conduct by the principal that authorizes disclosure; (ii) disclosure of any adverse material facts that concern the principal's property or the ability of the principal to perform on any purchase offer; (iii) disclosure required by law or to prevent the commission of a crime; (iv) the information being disclosed by someone other than the broker or salesperson; and (v) the disclosure of the information being reasonably necessary to defend the conduct of the broker or salesperson, including employees, independent contractors, and subagents. (13) Consistent with the licensee's duties as a buyer agent, a seller agent, a dual agent, or a statutory broker, a licensee shall endeavor to ascertain all pertinent facts concerning each property in any transaction in which the licensee acts so that the licensee may fulfill the obligation to avoid error, exaggeration, misrepresentation, or concealment of pertinent facts.

Mont. Code Ann. § 37-51-315

37-51-315. Vicarious liability. (1) A party to a real estate transaction is not liable for a misrepresentation made by the party's agent or subagent unless: (a) the party has actual knowledge of the misrepresentation; or (b) the agent or subagent is repeating a misrepresentation made by the party. (2) A broker is not liable for a misrepresentation made by the broker's subagent unless: (a) the broker has actual knowledge of the misrepresentation; (b) the subagent making the misrepresentation is an employee of the broker and not an independent contractor; or (c) a broker or subagent is repeating a misrepresentation made by the broker. (3) An agent is not liable for a misrepresentation made by the principal unless the agent has actual knowledge of the misrepresentation.

Mont. Code Ann. § 37-67-103

37-67-103. Exemptions. The following are exempt from licensure under this chapter: (1) the practice of any other legally recognized professions or trades; (2) the mere execution of work by a contractor, as distinguished from its planning or design or the supervision of the construction of work as a lead supervisor or superintendent; (3) the work of an employee or a subordinate of a person holding a license under this chapter or an employee of a person practicing lawfully under this chapter if the work does not include final engineering or land surveying designs or decisions and is done under the direct supervision of a person holding a license under this chapter or a person practicing lawfully under this chapter; (4) the practice of professional engineering by licensed architects when the practice is purely incidental to their practice of architecture.

Mont. Code Ann. § 37-68-102

37-68-102. Definitions. Unless the context requires otherwise, in this chapter the following definitions apply: (1) "Board" means the state electrical board provided for in 2-15-1764. (2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17. (3) "Electrical construction" means work performed by an individual, firm, or corporation in which an electrical connection is made to a supply of electricity or in which electricity is supplied to any electric equipment installation for which a permit is required by the authority having jurisdiction. (4) (a) "Electrical contractor" means a person, firm, partnership, corporation, association, or combination of these entities that undertakes or offers to undertake for another the planning, laying out, supervising, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power. (b) The term does not include a person, firm, partnership, corporation, association, or combination of these entities that only plans or designs electrical installations. (5) "Grid-tied generator" means a generator or a group of generators located on a utility customer's property or residence and designed to operate in parallel with a utility distribution facility. (6) "Journeyman electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to wire for, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes under the rules governing this work. (7) "Journeyman level experience" means being recognized as a journeyman electrician by a state or other legally authorized jurisdiction or having a minimum of 8,000 hours of practical experience. (8) "Master electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and supervise the installation and repair of wiring apparatus and equipment for electric light, heat, power, and other purposes under the rules governing this work. (9) "Practical experience" means experience gained in the electrical construction industry consisting of layout, assembly, repairs, wiring, and connection and testing of electrical fixtures, apparatus, and control equipment in residential and nonresidential settings pursuant to the provisions of the national electrical code or pursuant to the requirements of another authority having jurisdiction. (10) "Public utility" has the meaning provided in 69-3-101. (11) "Residential electrician" means a person having the necessary qualifications, training, experience, and technical knowledge to wire for, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes in residential construction consisting of fewer than five living units in a single structure under the rules governing this work. (12) "Utility distribution facility" means a facility by and through which electricity is received from a transmission services provider and distributed to a customer that is controlled or operated by a public utility, municipally owned utility, or cooperative utility that provides electricity for sale to consumers.

Mont. Code Ann. § 37-68-103

37-68-103. Exemptions. (1) This chapter does not apply to the installation, alteration, or repair of electrical signal or communications equipment owned or operated by a public utility or a city. For purposes of this exemption, "communications equipment" includes telephone wire inside a customer's premises. This chapter does not prohibit a public utility from doing inside wiring to install, alter, repair, or maintain electrical equipment, installations, or facilities in buildings owned by the public utility if the work is accomplished by an employee who is a licensed electrician. If the building owned by the public utility is open to the public and the inside wiring constitutes major renovation or construction, the installation, alteration, repair, or maintenance of electrical equipment, installations, or facilities is subject to the permits and inspections required by law. (2) The licensing or inspection provisions of this chapter do not apply to regularly employed maintenance electricians doing maintenance work on the business premises of their employer or to line work on the business premises of the employer when ordinary and customary in-plant or onsite installations, modifications, additions, or repairs are performed. (3) (a) Except as provided in subsection (3)(b), this chapter does not require an individual to hold a license to perform electrical work on the individual's own property or residence if the property or residence is maintained for the individual's own use. (b) Subsection (3)(a) does not include an exemption for an individual who is performing electrical work on a grid-tied generator located at the individual's own property or residence. (4) An individual, firm, partnership, or corporation may apply for licensure as an electrical contractor if all electrical work performed by the individual, firm, partnership, or corporation is under the direction, control, and supervision of a licensed master electrician or under the direction, control, and supervision of a licensed journeyman electrician for residential construction consisting of less than five living units in a single structure. (5) A person who plugs in an electrical appliance where an approved electrical outlet is already installed may not be considered an installer. (6) This chapter may not in any manner interfere with, hamper, preclude, or prohibit a vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance if the connection does not necessitate the installation of electrical wiring of the structure in which the appliance is to be connected. (7) (a) The licensing and inspection provisions of this chapter do not apply to an apprentice, as that term is defined in 39-6-101, who is working under the supervision of a licensed electrician. (b) Subsection (7)(a) includes an exemption for a person serving in an approved journeyman apprenticeship program or a residential apprenticeship program during training if serving under the supervision of a licensed electrician. (8) The licensing provisions of this chapter do not apply to a student who is enrolled in an electrician training program offered by an accredited college or university recognized by the board of regents if the student is undertaking class assignments in a classroom or a hands-on laboratory setting. This subsection does not authorize a student to engage in any electrical work that will be incorporated or used in an occupied structure. (9) This chapter does not require an individual to hold a license to perform electrical work involving 90 volts or less of alternating current or direct current.

Mont. Code Ann. § 37-68-201

37-68-201. Rulemaking power. (1) The board shall meet quarterly and at other times that the board considers necessary. (2) The board shall adopt rules for the administration of this chapter, for the licensing of electrical contractors, and for the examination of master, journeyman, and residential electricians.

Mont. Code Ann. § 37-68-301

37-68-301. License required to engage in electrical work. (1) A person may not engage in or work at the business or trade of or hold out to the public that the person is an electrician, electrical contractor, residential electrician, journeyman electrician, or master electrician in this state until the person has received from the department a license or permit to work as an electrical contractor, residential electrician, journeyman electrician, or master electrician. (2) A person who has received a license from the department under the provisions of this chapter shall carry the license at all times while working at a jobsite and performing work that requires a license. (3) A private or public employment agency or labor union, or an employee of the agency or union who refers persons for employment by others may not refer a person for employment by others to perform the work of an electrical contractor, residential electrician, journeyman electrician, or master electrician in this state unless the person has received from the department a license or permit to work as an electrical contractor, residential electrician, journeyman electrician, or master electrician.

Mont. Code Ann. § 37-69-103

37-69-103. No penalty for hiring unlicensed plumber. This chapter may not be construed as imposing a penalty on any unlicensed person for hiring or contracting with an unlicensed person to do work in the field of plumbing. However, a person who engages in the field of plumbing at a time when the person is not licensed is subject to the penalties imposed by this chapter.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)