24.33.411    INITIAL APPLICATION FOR HOME INSPECTION BUSINESS REGISTRATION

(1) In order to be registered by the department, a home inspection business shall complete a registration application and pay the registration fee as provided in ARM 24.33.406.

(2) The applicant shall provide the following information to the department:

(a) legal name of the home inspection business;

(b) type of business structure (sole proprietorship, partnership, LLC, etc.);

(c) mailing address of the business;

(d) physical address of the business, if different than the mailing address; and

(e) telephone number.

(3) The applicant shall provide a roster identifying each person who will perform home inspection work on behalf of the applicant.

(4) The applicant shall provide proof of training or examination for all home inspection workers on the roster, demonstrating that each worker on the roster meets the minimum initial qualifications as provided by ARM 24.33.431.

(5) The applicant shall provide proof that the applicant is a member of a national association for home inspectors.

(6) The applicant shall provide proof of required insurance coverages. Proof of insurance is demonstrated by:

(a) the policy declaration page;

(b) a binder of coverage; or

(c) a certificate of insurance issued by an authorized agent of the insurer.

(7) The following are the minimum per incident amounts of insurance coverage required for a home inspection business:

(a) for commercial general liability insurance, $100,000; and

(b) for errors and omission insurance, $100,000.

(8) An applicant may demonstrate proof of compliance with the workers' compensation insurance requirements by submitting either:

(a) proof of Montana workers' compensation insurance coverage; or

(b) proof that each home inspection worker listed on the roster holds a valid independent contractor exemption certificate issued by the department, where home inspection is a listed occupation for that worker.

(9) All insurance policies must be underwritten by an insurer authorized to provide that coverage under the laws of Montana.

(10) Application contents are public record open to inspection, except for personally identifiable information protected from public disclosure.

(11) An applicant may complete an incomplete application during the six months following submission of the application before a new application fee will be charged. The applicant is not allowed to operate a home inspection business until the application is completed and approved by the department.

 

History: 39-9-103, 39-9-212, MCA; IMP, 39-9-212, MCA; NEW, 2019 MAR p. 2121, Eff. 11/23/19.