Montana Plumbing Licensing Law

Montana Code · 15 sections

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

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. § 37-69-101

37-69-101. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Board" means the board of plumbers provided for in 2-15-1765. (2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17. (3) "Drainage system" means all the piping inside the walls of a building that conveys sewage or other liquid wastes outside the building to the building sewer but that does not extend more than 2 feet outside the building way. (4) "Field of plumbing" means the business, trade, or work having to do with the installation, removal, alteration, or repair of plumbing and drainage systems or parts of plumbing and drainage systems. (5) "Journeyman plumber" means a person who is authorized to make installation of all sanitary plumbing and potable water supply piping and appliances connected to the plumbing and piping. (6) "Master plumber" means a person who is authorized by this chapter to plan, estimate, bid, contract for, and supervise plumbing work and who may do the work of a journeyman plumber. (7) (a) "Plumbing system" means all potable water supply and distribution pipes, plumbing fixtures and traps, drainage and vent pipes, and building drains, including their respective joints and connections, devices, receptacles, and appurtenances within the property lines of any premises, up to 20 feet beyond the building foundation line, and includes potable water piping, water heaters, and vents for the premises. (b) The term does not include water services installed and maintained by water districts or water user associations in which water service is installed by any qualified person appointed or hired by the administrative authority of the water system. (8) "Public sewer system" means any common sewer carrying liquid wastes from two or more dwellings or any other facility that serves the public. (9) "Public water supply" means any community well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that serves 10 or more families or 25 or more persons on a regular and continuous basis.

Mont. Code Ann. § 37-69-102

37-69-102. Permanent and temporary exceptions. (1) Licensure is not required in the following instances of plumbing installation: (a) when an owner of a single-family residence used exclusively for the owner's personal use installs all sanitary plumbing and potable water supply piping or when a mobile home dealer or a manufactured housing dealer connects a mobile home or a manufactured house to existing sanitary and potable water supply facilities as part of delivering and setting up a mobile home for a purchaser; (b) in any mine, mill, smelter, refinery, or railroad; (c) in a farm or ranch not connected to public water supply and sewage disposal systems. For the purposes of this subsection (1)(c), a "farm or ranch" means the same as in 39-3-402. (d) in cities, towns, water districts, and water user associations extending, repairing, or replacing their own water and sewer mains; (e) installation of water conditioner services in private dwellings; (f) minor work by employees or agents of an appliance dealer incidental to the installation of an appliance purchased from the dealer; (g) installation of a water meter by a qualified person appointed by the administrative authority of the water system; (h) in the case of a private water supply, installation of the pump, waterline, or pressure tank, regardless of whether the pump, waterline, or pressure tank is located inside or outside the structure being served; (i) in the case of an apprentice, as that term is defined in 39-6-101, who is working under the supervision of a licensed plumber; and (j) in the case of a student who is enrolled in a plumbing 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 (1)(j) does not authorize a student to engage in any plumbing work that will be incorporated or used in an occupied structure or connected to a plumbing system where work must be performed by a licensed plumber. (2) This chapter may not be construed to apply to or to affect plumbing installations in any mines, mills, smelters, refineries, public utilities, railroads, or plumbing installations on farms or ranches not connected to public water supply or sewage disposal systems. (3) If a licensed person is not available, the council or commission of a county, city, or town or the board of directors or managers of a water or sewer district or water utility may, by ordinance, rule, or resolution, authorize an unlicensed person to perform plumbing work on a temporary basis if: (a) the council, commission, or board of directors has provided reasonable notice by certified letter to the board; and (b) the board has approved the temporary authorization or has failed to respond to the certified letter required under subsection (3)(a) within 30 days of the letter's postmark. (4) The council, commission, board of directors, or board shall withdraw the temporary authorization provided for in subsection (3) when a licensed person is reasonably available.

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.

Mont. Code Ann. § 37-69-301

37-69-301. License required. (1) Except as provided in 37-69-102, a person working at the field of plumbing in this state, either as a master plumber or as a journeyman plumber, shall first obtain a license as provided in Title 37, chapter 69, part 3. (2) A person who receives a license under the provisions of this chapter shall carry the license, or proof of licensure, at all times while working on a job site and performing work that requires a license. Acceptable proof of licensure must be determined by the board and made known by the department to each licensee when a license is issued.

Mont. Code Ann. § 37-69-303

37-69-303. Application -- contents -- requirements. A person, firm, or corporation desiring to engage in or work in the field of plumbing in this state, either as a master plumber or as a journeyman plumber, shall make application to the department by filing a written application stating the applicant's place of residence, age, and experience and the place where the applicant has acquired experience and must at a time and place designated by the board be examined as to the qualifications for a license.

Mont. Code Ann. § 37-69-304

37-69-304. Qualifications of applicants for journeyman plumber's license -- restriction on authority. (1) The following requirements must be met by applicants for a journeyman plumber's license: (a) a specific record of 5 years of legally obtained experience in the field of plumbing. This experience requirement may be fulfilled by: (i) working 5 years in a major phase of the plumbing business, verified by time or pay records; or (ii) completing an apprenticeship program meeting the standards set by the department or the United States department of labor, bureau of apprenticeship. Credit toward this experience requirement may be given for time spent attending an accredited trade or other school specializing in training of value in the field of plumbing and approved by the board. (b) satisfactory completion of a written examination prescribed by the board and conducted by the department, subject to 37-1-101(4), testing the applicant's knowledge of techniques and methods employed in the field of plumbing and, if required by the board, a practical demonstration establishing competence in the special skills required in the field of plumbing. (2) A licensed journeyman plumber may perform work only in the employment of a licensed master plumber unless otherwise permitted by rule of the board. Performing work in the employment of a licensed master plumber means the licensed master plumber shall observe the journeyman plumber's work at different times over the course of employment and for different levels of plumbing work.

Mont. Code Ann. § 37-69-305

37-69-305. Qualifications of applicants for master plumber's license -- restriction on authority. (1) The following requirements must be met by an applicant for a master plumber's license: (a) evidence of 4 years of experience as a licensed journeyman plumber in the field of plumbing, verified by time or pay records of actual plumbing experience; (b) evidence of 3 years of experience, which may run concurrently with the requirement in subsection (1)(a): (i) working with a licensed master plumber; or (ii) in a supervisory capacity in the field of plumbing; and (c) satisfactory completion of an examination prescribed by the board for master plumbers testing the applicant's knowledge of the field of plumbing and demonstrating skill and ability in the field of plumbing. (2) For purposes of subsection (1), 1 year of experience is 1,500 hours or more of work in a continuous 12-month period. (3) A master plumber may not allow the master plumber's license to be used by any person or firm, corporation, or business other than the master plumber's own for the purpose of obtaining permits or for doing plumbing work under the license.

Mont. Code Ann. § 37-69-306

37-69-306. Examination -- issuance of license. (1) An applicant for a license to work in the field of plumbing must be examined as to the applicant's qualifications by the department, subject to 37-1-101(4). The department shall examine each applicant for a license to determine the applicant's skill and qualifications as a master plumber or journeyman plumber. (2) The applicant must, on successfully passing an examination prescribed by the board, be issued a license authorizing the applicant to engage in the field of plumbing as a master plumber or journeyman plumber in the state of Montana. (3) In the case of a firm or corporation, the examination and issuance of a license to an individual of the firm or to a principal of the firm or corporation satisfies the requirements of this chapter as to master plumbers but not as to journeyman plumbers. An individual, firm, or corporation may not do the work of a master plumber unless licensed under this chapter.

Mont. Code Ann. § 37-69-310

37-69-310. Citation and fine for failure to display license. (1) A citation for failure to display a plumber's license or proof of licensure issued by an employee of the department must include: (a) the time and date on which the citation is issued; (b) the name, address, mailing address, and signature of the person to whom the citation is issued; (c) reference to the statutory authority to issue the citation; (d) the name, title, affiliation, and signature of the person issuing the citation; (e) information explaining the procedure for the person to follow in order to pay the fine or to demonstrate proof of licensure; and (f) the amount of the applicable fine. (2) The applicable civil fines for failing to display a license or proof of licensure are as follows: (a) $100 for the first offense, unless the provisions of subsection (4)(b) apply; (b) $250 for the second offense; and (c) $500 for the third and any subsequent offense. (3) Each day of violation constitutes a separate offense. The person issuing the citation is responsible for determining, by means of an up-to-date list or through telephone or other communication with the board office, whether the citation being issued is for a first, second, or subsequent offense. (4) (a) The person who issues the citation is authorized to collect the fine, but the person who is issued a citation may pay the fine to the board within 5 business days of the date of issuance. (b) The board may not impose a fine for a first offense on a licensee who produces proof of licensure to the department within 5 days of the citation. In other cases, the board may, upon finding that the person has demonstrated acceptable proof of licensure, waive or refund the fine. (5) A person who violates this section is also subject to the provisions of 37-1-109.

Mont. Code Ann. § 37-69-311

37-69-311. License of retirement status. (1) A licensee who no longer practices plumbing may apply to the department for retirement status. (2) Upon receiving an application for retirement status accompanied by the fee established by the board, the department shall issue a license of retirement status to the applicant and record the applicant's name in the appropriate database as a holder of a license of retirement status, along with the date on which the licensee received retirement status. (3) A license of retirement status does not allow a holder to practice plumbing under this chapter. (4) The department shall reissue an active license to a holder of a license of retirement status who pays the appropriate active license renewal fee and meets any competency requirements established by rule by the department.

Mont. Code Ann. § 37-69-319

37-69-319. Proof of license -- citation and fine. (1) An employee of a private or public employment agency or labor union, a building code compliance inspector, an employee of the department, a person who is professionally responsible for a job site, or a plumber licensed under Title 37, chapter 69, has the right to ask a person working at a job site doing work that requires a plumber's license to provide proof of licensure. If the person performing the work is unable to furnish proof of licensure, the requesting person may report that fact to the board or the department. (2) An employee of the department may issue a citation to and collect a fine, as provided in 37-69-310, from a person at a job site where the person is performing plumbing work if the person fails to display a plumber's license or proof of licensure at the request of the department inspector.

Mont. Code Ann. § 37-69-320

37-69-320. License and endorsement discipline. (1) The board may revoke, suspend, restrict, censure, or apply any other disciplinary treatment contemplated by 37-1-136 to any occupational licensee or endorsee under this chapter for any one or more of the following causes: (a) performance of plumbing work in the field of plumbing that is below the standards established by the Uniform Plumbing Code; (b) inadequate supervision that causes or allows plumbing work in the field of plumbing that is below the standards established by the Uniform Plumbing Code; (c) material deceit in procuring, attempting to procure, or aiding and abetting the procurement of an occupational license or endorsement to practice in the field of plumbing; (d) unfitness to provide services in the field of plumbing by reason of negligence or addiction to the use of habit-forming drugs; (e) physical or mental incompetence that impairs the licensee's or endorsee's ability to deliver adequate service in the field of plumbing; (f) willful or repeated violation of this chapter or rules adopted under this chapter or willful or repeated violation of Title 50, chapter 60, part 5, or rules adopted under that part; or (g) unprofessional practice-related conduct as defined by rules adopted by the board. (2) Any licensee or endorsee disciplinary action under the jurisdiction of the board must be conducted as a contested case under the provisions of the Montana Administrative Procedure Act.

Mont. Code Ann. § 37-69-323

37-69-323. Restrictions on and responsibility for employees of master plumber. A licensed master plumber may employ only apprentice plumbers registered with the state department of labor and industry and only journeyman plumbers who are licensed by the state of Montana. A master plumber is responsible for ensuring that all work performed by the journeyman plumber or apprentice employed by the licensed master plumber is in compliance with the state plumbing code. The licensed master plumber may be charged with unprofessional conduct under 37-1-316 and held liable for false swearing, as provided in 45-7-202, if the licensed master plumber provides false information to the department related to the experience or skill of a journeyman plumber or apprentice.

Mont. Code Ann. § 37-69-403

37-69-403. Proof of endorsement. (1) A state or local government plumbing code compliance inspector shall, as part of any inspection, request proof of medical gas piping installation endorsement from any person who is required to hold an endorsement under 37-69-402 or who, in the inspector's judgment, appears to be involved with onsite medical gas piping activity. The inspector shall report any instance of endorsement violation to the inspector's employing agency, and the employing agency shall report the violation to the board. (2) An employee of a private or public employment agency or labor union, a person who is professionally responsible for a job site, or a person who holds a medical gas piping installation endorsement under Title 37, chapter 69, has the right to ask a person doing work on the job site that requires an endorsement to provide proof of endorsement. If the person performing the work is unable to furnish proof of endorsement, the requesting person may report that fact to the board or the department.

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