Montana Roofing Licensing Law

Montana Code · 10 sections

The following is the full text of Montana’s roofing 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. § 37-45-201

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. § 37-51-303

37-51-303. Broker or salesperson examination. (1) In addition to proof of honesty, trustworthiness, and good reputation, an applicant whose application is pending shall satisfactorily pass an examination. (2) (a) The examination for a salesperson's license must include subject portions that the board determines by rule to be appropriate. (b) If the applicant passes one subject portion of the examination, the applicant is not required to repeat that portion of the examination if the applicant passes the remaining portion within 12 months. (3) The examination for a broker's license must be of a more exacting nature and scope and more stringent than the examination for a salesperson's license.

Mont. Code Ann. § 37-51-325

37-51-325. Professional liability insurance required -- errors and omissions insurance coverage -- policy requirements. (1) A real estate broker or salesperson with an active real estate license under this chapter must maintain continuous professional liability insurance coverage that meets the requirements of this section during the period of licensure. The insurance must cover the broker or salesperson for activities contemplated under Title 37, chapter 51, part 3, including errors and omissions by the real estate broker or salesperson. (2) A real estate broker or salesperson with an active real estate license under this chapter must be covered by professional liability insurance through a policy: (a) issued to real estate broker or salesperson licensees provided on a group policy basis that is approved by the board; (b) obtained by real estate broker or salesperson licensees independently; or (c) issued to the firm with which a real estate broker or salesperson license is affiliated. (3) All policies issued under this chapter must: (a) be issued by an insurer licensed under Title 33 to provide professional liability insurance; (b) offer prior acts coverage to an insured who maintains continuous past insurance coverage; (c) provide an automatic 60-day extended reporting period to report a claim if the policy is canceled or not renewed for any reason other than nonpayment of premium or a deductible; and (d) offer an optional extended reporting of not less than 365 days to report a claim, as long as the insured requests the extended reporting period and pays any additional premium for the extended reporting period within 60 days after expiration or cancellation of the policy. (4) (a) A professional liability insurance policy must be issued to the board and must cover a group of real estate brokers and salespersons licensed under Title 37, chapter 51, part 3, as named insureds. The board may request bids from insurers for the group policy and may use a limited solicitation under 18-4-305. The maximum contract period between the insurer and the board is seven consecutive policy terms, although the board may place the contract out for bid at the end of any policy period. A policy term is for a year. A real estate broker or salesperson licensee may not be denied coverage or be canceled by the group policy. (b) The group policy must: (i) have a minimum per-claim limit of $100,000; (ii) have a minimum annual aggregate limit of $300,000; (iii) have a deductible maximum of $2,500 a claim for damages; and (iv) provide coverage that is specific to the real estate broker or salesperson licensee regardless of changes in supervising broker. (5) If the board is unable to obtain a professional liability insurance policy as described in subsection (4) on terms and conditions the board determines are commercially reasonable, the requirements of this section do not apply to the licensing period for which the policy is sought. (6) A professional liability insurance policy may be independently issued to a real estate broker or salesperson licensee. The individual policy must: (a) have a minimum per-claim limit of $100,000; (b) have a minimum annual aggregate limit of $300,000; and (c) have a deductible maximum of $2,500 a claim for damages. (7) A professional liability insurance policy issued to the firm with which a real estate broker or salesperson licensee is affiliated must: (a) have a minimum per-claim limit of $100,000; (b) have a minimum annual aggregate limit of $1 million; and (c) have a maximum deductible as follows: (i) $10,000 a claim; or (ii) greater than $10,000 a claim but not to exceed $100,000 a claim, provided the firm has obtained written approval from the board, based on rules adopted by the board, that the firm is financially able to pay the difference between the amount of the deductible set forth in the firm's professional liability insurance policy and $10,000. (8) An applicant seeking to obtain a real estate broker or salesperson license or renew an active real estate broker or salesperson license shall prove to the board compliance with the insurance requirements of this section. A real estate broker or salesperson licensee who fails to produce proof of coverage on request by the board or its designee is subject to administrative suspension or disciplinary action as determined by the board. (9) For purposes of this section, the following definitions apply: (a) "Aggregate limit" means a provision in an insurance contract limiting the maximum liability of an insurer for a series of losses in a given time period, such as a policy term. (b) "Claims-made and reported policy" means an insurance policy written on a claims-made and reported basis, which provides coverage for claims first made against the insured and first reported to the insurer during the insured's policy period for acts, errors, or omissions that occur after the insured's retroactive date. (c) "Extended reporting period" means a designated period of time after expiration or cancellation of a claims-made and reported policy during which a claim may be made and reported as if the claim had been made and reported during the policy period. (d) "Per-claim limit" means the maximum limit payable, per licensee, for damages arising from the same or a related claim. (e) "Prior acts coverage" means coverage under a policy for claims made against the insured and reported to the insurer that arise from acts, errors, or omissions in services rendered by an insured prior to inception of the current policy period. (f) "Proof of coverage" means a copy of the actual policy of insurance, a certificate of insurance, or a binder of insurance. (g) "Retroactive date" means a provision, found in many claims-made and reported policies, that the policy may not cover claims for injuries or damages that occurred before the retroactive date even if the claim is first made during the policy period.

Mont. Code Ann. § 37-68-308

37-68-308. Licensure without examination of persons licensed locally. The board may authorize the department to issue a license as a master electrician, journeyman electrician, or residential electrician to an applicant without written examination on satisfactory proof that the applicant has the qualifications to apply for a license under this chapter and is the holder of a valid license issued by a city or other political subdivision of this state which provides for the examination and licensing of electricians.

Mont. Code Ann. § 37-68-316

37-68-316. Citation and fine for failure to display license. (1) A citation for failure to display an electrician'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 appropriate authority identified on the citation 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. § 37-69-301

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. § 37-69-310

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. § 37-69-319

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. § 37-69-403

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.

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