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.
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.
Every project begins by answering two questions:
These answers determine which agencies have a say in your approval.
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
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.
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 review focuses on how the building interacts with the site:
Falcon coordinates closely with local teams but leaves the final site work to local contractors after clearly defining roles to prevent scope confusion.
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:
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
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:
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.
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:
Once affixed, the module is legally recognized as code-compliant; no further structural review is needed at the local level.
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:
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.
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
Here’s where Falcon’s expertise quietly transforms the entire process. Because Falcon maintains certification in 13 state modular programs, we can:
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.
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:
Customers who embrace the permitting process from the start consistently see:
Perhaps most importantly, they gain peace of mind: their project is legal, durable, and built to a standard that protects both workers and occupants.
Total time frame: 6–16 weeks, depending on state review backlogs and project complexity.
When the project is modular, both apply. The state approves the structure itself; your city or county approves the foundation, utilities, and site work.
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.
Typically 6–16 weeks, depending on state review backlogs. Some states allow third-party plan reviews to accelerate the timeline.
An official label affixed to each approved module, signifying that the structure was built under state-certified inspection and complies with all applicable codes.
No. State approval covers the building; you still need local permits for installation and occupancy.
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.
You risk fines, red-tagging, and denial of occupancy. Falcon may refuse to participate in unpermitted projects to protect our clients and the industry.
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.