Cal. Civ. Code § 37.111.350
37.111.350 MINIMUM PERFORMANCE REQUIREMENTS FOR LOCAL HEALTH AUTHORITIES
Operative Text
(1) To qualify for reimbursement under 50-51-303 , MCA, the local health authority must either enter into a written, signed cooperative agreement with the department that establishes the duties and responsibilities of the local health authority and the department consistent with this subchapter or meet each of the following requirements: (a) At least one sanitarian working with or for the local health authority must receive training from the department in bed and breakfast inspection techniques. The department is responsible for making training available on a periodic basis. (b) The local health authority must ensure that the following are done by the local health officer, sanitarian or sanitarian-in-training: (i) Upon notification by the department or the establishment, a prelicensing inspection is made to determine compliance with the requirements of this subchapter. (ii) Each establishment within the jurisdiction of the local health authority is inspected at least once every 12 months or on the schedule specified in a signed agreement with the department. (iii) Quarterly inspection reports are submitted to the department within 10 days following the closing of each quarter of the fiscal year (1st quarter, September 30; 2nd quarter, December 31; 3rd quarter, March 31; 4th quarter, June 30) on forms approved by the department. (iv) All documentation of enforcement of this subchapter, including but not limited to inspection reports, consumer complaints, illness investigations, plans of correction and enforcement actions, must be retained for five years and copies of the documentation are submitted or otherwise made available to the department upon request. (2) A failure by the local health authority to meet all of its responsibilities under the cooperative agreement or under (1 ) ( a) and (b) shall result in the withholding of funds from the local board reimbursement fund in an amount to be determined by the department.
Mont. Admin. R. 37.111.350 sets out the minimum performance standards that a local health authority in Montana must satisfy in order to receive reimbursement from the state for bed-and-breakfast inspection work. A qualifying authority must either enter into a formal cooperative agreement with the state Department of Public Health and Human Services or independently fulfill a specific set of duties, including staff training, prelicensing and annual inspections, quarterly reporting, and five-year retention of enforcement records. If a local health authority falls short of these obligations, the department may withhold some or all of the reimbursement funds that would otherwise be paid to the local board.
Plain English — not legal advice.
Bed-and-breakfast operators subject to this subchapter should be aware that under Mont. Admin. R. 37.111.350, the local health authority overseeing their jurisdiction is required to conduct a prelicensing inspection before a license is issued and at least one full inspection every 12 months. Compliant operators generally keep their facilities aligned with the subchapter's requirements so that inspections proceed smoothly and any plans of correction can be addressed promptly. Because the local authority must retain inspection reports, consumer complaints, and enforcement records for five years, operators can generally expect that documentation of past inspections remains on file and accessible to the state department upon request.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Guests and consumers who stay at bed-and-breakfast establishments in Montana benefit from the oversight framework established by Mont. Admin. R. 37.111.350, which requires local health authorities to inspect each licensed establishment at least once every 12 months and to document consumer complaints and illness investigations. If a guest believes a health or safety concern has not been addressed, they may contact the local health authority, which is obligated under this provision to record and retain such complaints and to make that documentation available to the state department. Tenants or guests seeking broader guidance on how to raise a concern can also reach out to a tenant-rights organization or the Montana Department of Public Health and Human Services for information about the inspection and complaint process.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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