37-55-101. Definitions, MCA

Montana Code Annotated 2025

TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 55. HOME INSPECTORS

Part 1. General

Definitions

37-55-101. (Effective January 1, 2026) Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of labor and industry.

(2) (a) "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. Home inspections are performed for compensation and employ visual observation and the testing of user controls but not mathematical or specialized engineering sciences.

(b) The term does not mean a physical examination of a residential dwelling when the owner or a representative of the owner requests the examination by an individual who is licensed in this state and acting within the scope of practice of the individual's profession or occupation.

(3) "Home inspection report" means a written document prepared by a home inspector for a client and issued to the client in exchange for compensation after a home inspection has been completed. The report must clearly identify and describe:

(a) the inspected systems, structures, and other relevant components of the dwelling;

(b) any major visible defects in the inspected systems, structures, and other relevant components of the dwelling; and

(c) any recommendations for further evaluation of the property by other appropriate persons.

(4) "Home inspector" means an individual who performs a home inspection for compensation.

(5) "Practice" means to engage in the services of home inspection as the term is defined in this section.

History: En. Sec. 1, Ch. 481, L. 2025.