Field Note 01 | Key Permitting Steps for Shipping Container Buildings

Quick Summary

Permitting paths depend on how a structure is built, not just what it’s made from.

Container-based projects delivered using state-approved modular construction methods fall under state jurisdiction, with local authorities handling site permits. Projects built using traditional, site-inspected methods are permitted entirely at the local level.

Smoother permitting starts with knowing which path applies and working with a manufacturer that can operate within state modular programs when modular delivery makes sense.

Not all container projects require permitting. What follows explains the process for those that do and how to confirm if it applies to your project.

Why Permitting Feels So Complicated (And Why It Doesn’t Have to Be)

Most new customers assume that permitting a container building will be a bureaucratic maze. In reality, the confusion comes from one thing: they don’t know who holds authority.

“You have to know your Authority Having Jurisdiction. It’s like knowing your audience before you give a presentation — if you don’t, you’re going to have problems.” — Stephen Shang, CEO, Falcon Structures

That “authority” can be the state, the local municipality, or (typically) both. Determining which applies is Step One — and the rest of the process flows from that determination.

Step 1: Confirm Requirements — Identify Your Authority Having Jurisdiction (AHJ)

Every project begins by answering two questions:

1. Where will the structure be installed?
2. Will it be permanent or temporary?

These answers determine which agencies have a say in your approval.

• State modular program: 37 states have modular programs allowing structures to be inspected and approved off site at the manufacturer’s factory
• Local jurisdiction: Your city or county still issues site permits for foundations, utilities, and installation. In some cases, these answers may determine that a full building permit is not required, though early confirmation with the AHJ is still essential.

Learn more: FIELD NOTE 02 - Understanding Permitting: Shipping Container Building Code Compliance

Falcon’s permitting experts begin every project by mapping these jurisdictions. That early clarity prevents surprises later — like discovering mid-process that your county still needs a separate flood-plain review.

“If you don’t know your AHJ, you’ll end up building yourself into a hole.” — Stephen Shang, CEO, Falcon Structures

Step 2: Prepare Your Plans — Design for State and Local Compliance

For projects delivered under a state-approved modular program, plan preparation must account for both state and local requirements. This includes architectural drawings, structural engineering, and MEP (Mechanical, Electrical, Plumbing) documentation.

State Compliance

Falcon ensures all modular components meet the state program’s requirements, from structural loads and fire ratings to energy efficiency (via ComCheck calculations). Our ESR-4163 certification under ICC AC462 confirms that each unmodified container module already satisfies recognized building-material standards.

Local Compliance

Local review focuses on how the building interacts with the site:

• Foundation design
• Utility connections
• Accessibility and egress
• Local zoning and setbacks

Falcon coordinates closely with local teams but leaves the final site work to local contractors after clearly defining roles to prevent scope confusion.

Step 3: Submit for State Review — The Official Plan Check

Once plans for modular projects are complete, they’re submitted to the state modular program or a Third-Party Inspection Agency (TPIA) approved by that state.

Some states handle reviews internally (like Texas), while others use third-party engineers (like California and Virginia). Falcon’s certification allows our factory and documentation to be reviewed efficiently through these programs, eliminating the need for every customer to start from scratch.

During this stage, reviewers ensure:

• The structure meets structural, mechanical, electrical, and accessibility codes
• All drawings align with state-approved quality-control documentation
• Any previous approvals (like Falcon’s ESR-4163) are properly referenced

This plan review is where most projects — and most delays — occur.

“The long pole in the tent isn’t the manufacturing. It’s permitting. Get this wrong, and you lose months.” — Stephen Shang, CEO, Falcon Structures

Step 4: Resolve Reviewer Comments — The Iterative Cycle

After submission, the plan reviewer issues comments: questions, clarifications, or required changes to the plan. Falcon’s team manages this back-and-forth directly with the state reviewer or TPIA (often so efficiently, it’s resolved before the customer sees there was a comment). Typical corrections include:

• Clarifying material specifications or weld details
• Updating structural calculations for new load data
• Adjusting energy-model inputs (via ComCheck)
• Confirming ADA or fire code clearances

Falcon’s in-house engineering and documentation systems allow revisions to be turned around quickly — usually within days, not weeks.

When all comments are resolved, the reviewer issues plan approval, authorizing Falcon to begin construction under that state’s oversight.

Step 5: Factory Inspection & State Insignia — The Moment of Approval

Every state-approved modular unit must be built in a certified factory. That’s where Falcon’s state-level certifications make a key difference.

“People often assume registering with a state and being certified are the same thing. They’re not. Registration is administrative. Certification requires demonstrating, through quality documentation, factory inspections, and ongoing audits, that your facility can actually build compliant structures, not just say it can.” — Stephen Shang, CEO, Falcon Structures

Each approved module undergoes inspection during fabrication. When it passes, the state (or TPIA) issues an official insignia label: the modular equivalent of a building permit for the structure itself. That insignia confirms:

• Compliance with state modular regulations
• Inspection by approved officials
• Approval for shipment and installation in the destination state

Once affixed, the module is legally recognized as code-compliant; no further structural review is needed at the local level.

Step 6: Coordinate Local Site Work – Bridging State and Local Jurisdictions

Whether a project is approved through a state modular program or permitted locally, site work remains under local jurisdiction.

Falcon collaborates with clients to ensure all site work — foundation pouring, utility tie-ins, grading, and access paths — meets local requirements. While we don’t pull local permits, our team provides guidance, drawings, and documentation so the local contractor can complete approvals smoothly.

Common local inspections include:

• Electrical and plumbing connections
• Foundation anchoring
• Final occupancy inspection

By separating state structural approval from local site approval, Falcon helps projects move forward in parallel instead of sequentially, often cutting months off total delivery time.

Step 7: Occupancy – From Permit to Project Completion

After the final local inspection, the AHJ issues a Certificate of Occupancy (CO), the document that officially authorizes use of the building. At that point, the project is fully compliant at both state and local levels.

Businesses that skip any of these steps risk red-tagging — a stop-work order that prevents occupancy until the issue is corrected. We’ve seen it firsthand:

“They go into it thinking, ‘It’s my land, I can do what I want.’ Then they can’t open their building because the local inspector won’t let them.” — Stephen Shang, CEO, Falcon Structures

Falcon’s Advantage: Certified Factory Expertise

Here’s where Falcon’s expertise quietly transforms the entire process. Because Falcon maintains certification in 13 state modular programs, we can:

• Build and inspect off-site under state authority,
• Ship approved modules nationwide, and
• Provide documentation recognized by other states’ programs.

To many architects and engineers, state certification is still poorly understood. It’s not a shortcut or label. It’s a rigorous, audited process that determines who is legally allowed to build modular structures under state oversight.

Common Points of Confusion (Let’s Clear Them Up)

Risks of Skipping Required Permitting

Choosing not to permit a structure that requires it is like deciding to drive without insurance: it may work once, but the risk compounds. Consequences include:

• Fines and penalties that accrue daily
• Stop-work orders or red tags halting occupancy
• Increased liability for owners and contractors
• Project delays exceeding manufacturing time (many-fold)
• Loss of resale or financing value (most lenders require proof of code compliance)

The Rewards of Doing It Right

Customers who embrace the permitting process from the start consistently see:

• Predictable timelines — parallel state/local coordination reduces surprises
• Simplified engineering — Falcon’s pre-approved documentation reduces design rework
• Lower risk of rejection — certified factory inspection pre-empts most plan-review issues
• Faster occupancy — with state insignias in place, local review is often limited to site finals

Perhaps most importantly, they gain peace of mind: their project is legal, durable, and built to a standard that protects both workers and occupants.

Summary: Your Permitting Path at a Glance

Total time frame: 6–16 weeks, depending on state review backlogs and project complexity.

Key Takeaways

• The first step in any container permitting process is knowing your Authority Having Jurisdiction
• Falcon’s state certifications allow approvals to occur off-site, saving months
• State and local approvals work together: one covers structure, the other covers site
• Permitting protects safety, schedule, and investment; it’s not just paperwork
• Falcon’s “proven guide” approach ensures every structure we deliver can be occupied confidently and legally

FAQ: Key Permitting Steps for Container Buildings

Who approves my container building, the state or my city?

When the project is modular, both apply. The state approves the structure itself; your city or county approves the foundation, utilities, and site work.

What is an Authority Having Jurisdiction (AHJ)?

An AHJ is the agency with legal authority to approve and inspect your project. It could be a state modular program, a city building department, or both.

How long does the container permitting process take?

Typically 6–16 weeks, depending on state review backlogs. Some states allow third-party plan reviews to accelerate the timeline.

What is a state insignia on a container module?

An official label affixed to each approved module, signifying that the structure was built under state-certified inspection and complies with all applicable codes.

Does state approval eliminate the need for local permits on container-based modular structures?

No. State approval covers the building; you still need local permits for installation and occupancy.

Do all container modification projects require permits?

No. Some projects, such as temporary installations, non-occupied structures, or certain industrial applications, may not require full building permits. Requirements vary by jurisdiction and use, which is why Falcon helps customers confirm permitting needs early in the process.

What happens if I skip permitting on my container project?

You risk fines, red-tagging, and denial of occupancy. Falcon may refuse to participate in unpermitted projects to protect our clients and the industry.

How does Falcon help customers with the container module permitting process?

We manage the entire state review process and coordinate with local teams to ensure compliance at every stage, leveraging our certified factory status in 13 states.