Cal. Civ. Code § 37.111.305

37.111.305 PRELICENSURE REVIEW AND APPROVAL

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/26/2026MontanaInspections, Registration & Licensing

Operative Text

Cal. Civ. Code § 37.111.305
(1) Bed and breakfast establishments shall submit facility and operating plans to the regulatory authority for review and approval when the following conditions apply:
(a) Before construction commences for a new establishment or for an addition to or an alteration of an existing establishment.
(i) Construction may not commence until all plans required by (1) have been approved by the regulatory authority. Construction must be in accordance with the plans as approved unless permission is granted by the regulatory authority to make changes.
(ii) Approval will be granted for a period not to exceed three years, after which, if construction has not been completed, plans must again be submitted to the regulatory authority for reevaluation.
(b) During the license application process for a bed and breakfast establishment planning to operate in an existing building.
(i) An existing building must receive prior approval from the regulatory authority to be used as a bed and breakfast establishment.
(ii) When a proposal to use an existing building as an establishment involves structural modification, plans meeting the requirements of (2) must be submitted to the regulatory authority for review and approval. If no structural modification is involved, the regulatory authority may waive the requirement for submission of plans if:
(A) an inspection by the regulatory authority indicates that the proposed establishment meets the requirements of this subchapter;
(B) the fire authority approves the building;
(C) the building authority approves the building or waives approval; and
(D) the establishment is in compliance with other state and local requirements.
(2) Facility and operating plans must include the following:
(a) location and detail of storage rooms used for extra bedding and furnishings;
(b) specifications for the water supply to serve the establishment;
(c) evidence of the review and approval of the sewage treatment and disposal system by the local health authority or the Montana Department of Environmental Quality;
(d) location and detail of laundry facilities including description of equipment, floor and wall finish material and a flow chart indicating the route of laundry through sorting, washing, drying, ironing, folding and storage;
(e) specifications for a swimming pool, spa, or other water feature to serve the establishment unless the swimming pool, spa, or other water feature has been previously approved by the department;
(f) identification of the process that will be used to dispose of solid waste;
(g) location of utility sink or a plan for mop water disposal;
(h) specifications for the proposed food service, including menu, equipment, facility design, location, materials and other information necessary to assure the implementation of this rule;
(i) location of hand washing sink(s);
(j) evidence of approval by the building authority;
(k) evidence of approval by the fire authority; and
(l) any other applicable information as requested by the regulatory authority.
Source: Legislative text reproduced verbatim
Plain English

Mont. Admin. R. 37.111.305 requires bed and breakfast establishments to obtain regulatory authority approval of facility and operating plans before beginning construction, making alterations, or opening in an existing building. Plan approvals are valid for up to three years, and construction must conform to the approved plans unless changes are separately authorized. The rule also specifies the detailed documentation—covering water supply, sewage, laundry, food service, fire safety, and more—that must accompany any plan submission.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Admin. R. 37.111.305, compliant bed and breakfast operators submit complete facility and operating plans to the regulatory authority before breaking ground or beginning any alteration, and they wait for written approval before starting work. Operators opening in an existing building similarly secure prior regulatory approval, and they gather sign-offs from both the fire authority and building authority as part of that process. Plan packages typically include sewage disposal evidence, water supply specs, laundry flow charts, food service details, and all other documentation enumerated in the rule.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Admin. R. 37.111.305 is primarily directed at operators rather than guests, but it establishes that a licensed bed and breakfast must have received regulatory approval of its facility and operating plans before opening or undertaking construction. Guests who have concerns about whether an establishment has met these prelicensure requirements can contact Montana's relevant regulatory authority to inquire about a facility's approval status. Tenant-rights organizations or local health departments may also be able to point individuals toward the appropriate oversight body.

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.

Effective Timeline

Current
Oct 26, 2026
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References Out

Rules and statutes cited by this regulation

Mont. Code Ann. § 50-51-103
Not yet ingested
Mont. Code Ann. § 50-51-108
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 14.544
LICENSE REQUIREMENTS
§ 14.545
STANDARDS FOR HEALTH, SAFETY AND NUISANCE PREVENTION
§ 14.546
SANCTIONS AND PENALTIES