For startups working in specialty chemicals, advanced materials, or energy storage, the transition from lab to pilot plant presents many challenges. Among the most underestimated is regulatory compliance. At Re:Build Optimation, we have seen how early engagement with the Authority Having Jurisdiction (AHJ) often determines whether a project progresses smoothly or faces costly delays.
This blog draws on real-world engineering experience and outlines a practical approach to the occupancy permitting process. Startups that take a proactive approach not only avoid rework and reclassification issues, but also gain credibility with regulators, community stakeholders, and potential investors.
The Authority Having Jurisdiction typically refers to the local fire marshal, building and zoning department, or environmental regulator responsible for enforcing codes and permitting rules. If your facility involves hazardous materials, industrial processes, or chemical storage, AHJ approval is required before operations can begin.
Unfortunately, many early-stage companies wait until late in the design process to engage with regulators. This often results in missed requirements, rejected plans, and expensive delays. Starting the conversation early can help identify key requirements, streamline permitting, and avoid surprises later on.
Navigating the permitting process for a new facility can be overwhelming, especially for startups moving from lab-scale research into pilot-scale production. Regulatory requirements often vary by jurisdiction, project type, and materials used, making it difficult to know where to begin. Based on our experience supporting early-stage companies through this transition, we have outlined a step-by-step permitting strategy to help demystify the process. These nine steps provide a practical roadmap for engaging with the Authority Having Jurisdiction (AHJ), ensuring code compliance, and minimizing costly delays. Whether you are planning to build a chemical pilot plant, scale up battery production, or launch a green-tech manufacturing line, this framework will help you approach permitting with confidence and clarity.
The permitting process begins with clearly defining your basis of design. This involves identifying every chemical you plan to use or store, along with quantities, hazards, and how each material will be handled, whether in open systems, closed systems, or storage only. These factors determine which restrictions apply and whether your project exceeds Maximum Allowable Quantities (MAQs), which can affect your facility’s occupancy classification and trigger additional safety requirements.
A complete and accurate basis of design is critical for compliance, layout planning, and selecting a suitable site. Mistakes or missing details at this stage often lead to costly redesigns and permit delays. Starting with the right information sets the project up for success.
Key takeaways:
Selecting the right site is a critical early decision that can significantly impact your permitting timeline. The location must meet both your operational needs and the regulatory requirements of the local jurisdiction. Start by reviewing zoning rules, occupancy classifications, and existing permits to confirm the site is suitable for your intended use. Facilities with a history of industrial or chemical use may simplify the approval process.
Evaluate the building’s physical features, including ceiling height, floor plan layout, utility access, and ingress and egress for equipment. Check that the site meets required setbacks from property lines and allows space for any modifications, such as external pads or ventilation systems.
If leasing, communicate with the landlord early. Some municipalities require permit applications to go through the property owner, and not all leases allow for structural changes. A cooperative landlord and clear understanding of lease terms can help avoid delays.
Work with your landlord to see if a phase 1 environmental site assessment has been performed, documenting previously reported contamination to regulatory agencies. Consider if a Phase 2 environmental site assessment is necessary to perform more detailed analysis of existing contamination on the site you are considering.
Key takeaways:
Once a site is selected, schedule an early meeting with the local Authority Having Jurisdiction (AHJ), such as the fire marshal or building department, along with your landlord. This meeting helps establish a collaborative relationship and provides valuable insight into the permitting process, local expectations, and any potential concerns.
Keep the conversation high-level. Introduce your company, describe the purpose of your project, and highlight community benefits such as job creation or environmental improvements. Avoid getting into detailed technical or chemical discussions at this stage, as that can lead to unnecessary scrutiny.
Use the meeting to ask questions and learn about documentation requirements, review timelines, and any historical permitting issues at the site. In many locations, the landlord is required to submit or support permit applications, so involving them early is essential.
Key takeaways:
Once your inventory is defined, the next step is to group the chemicals by hazard class (flammables, highly toxic, pyrophoric, etc) and evaluate how those materials affect your facility’s occupancy classification. This is where Maximum Allowable Quantities (MAQs) come into play. If your planned chemical usage exceeds applicable fire code MAQs, your space may require a hazardous occupancy classification such as H-2 or H-3 rather than a standard industrial classification like F-1. These classifications determine the level of fire protection, separation, ventilation, and emergency systems required by code.
Strategically organizing your chemical storage and use into designated control areas within the facility can help manage these classifications. Control areas are spaces with physical or fire-rated separations that allow you to distribute materials in a way that stays below threshold limits. This approach can help reduce regulatory burden and increase design flexibility.
Properly applying code classifications at this stage ensures that your facility layout is both efficient and compliant, avoiding surprises during the review and inspection process.
Key takeaways:
A thorough code compliance study is essential to confirm that your facility design aligns with all relevant safety and regulatory standards. This review should evaluate building, fire, and environmental codes at the local, state, and federal levels. It ensures that your proposed layout meets requirements for hazard segregation, fire protection, egress, and equipment spacing.
The study should also confirm that the site meets minimum setback distances from property lines, roadways, and adjacent buildings. It will identify whether incompatible materials, such as acids and bases, are properly separated and stored. If your process involves unique hazards, such as flammable gases or corrosives, the review will verify that additional protections are in place.
This step is best performed by a qualified engineering firm with permitting and safety experience. The resulting report is often a required component of your permit application, and it provides peace of mind that your project is designed to pass inspection.
Key takeaways:
As you refine your facility design, assess whether any physical modifications are needed to meet safety or code requirements. Common improvements may include installing secondary containment for liquids, building outdoor concrete pads for chemical storage, upgrading ventilation systems, or adding safety infrastructure such as eye wash stations, spill kits, and emergency exits.
Many of these upgrades will require separate building permits, especially if they involve structural changes or impact site drainage, fire safety systems, or public access. It is important to plan these improvements early to avoid delays during permitting or construction.
If you are leasing the property, confirm what modifications are allowed under the lease and obtain written approval from the landlord before proceeding with engineering or construction work. Some changes may also require the landlord to participate in the permitting process.
Key takeaways:
Occupancy permitting is just one part of the overall compliance picture. Depending on your operation, you may need a range of additional permits related to environmental impact, fire safety, and chemical storage. Common examples include air emission permits, wastewater discharge approvals, fire alarm and sprinkler system permits, and authorizations for storing compressed gases or bulk chemical tanks.
These requirements vary widely based on your facility’s location, size, and type of process. Industrial parks in manufacturing zones may offer greater flexibility, while sites near residential or environmentally sensitive areas often face stricter regulations and increased scrutiny.
Identifying all applicable permits at the outset allows you to plan for them within your project timeline. It also ensures you are coordinating with the appropriate agencies and preventing last-minute surprises that can delay construction or operations.
Key takeaways:
After completing your design, code review, and permitting research, the next step is to prepare a comprehensive submission package for the Authority Having Jurisdiction (AHJ). This documentation should be complete, clearly organized, and professionally presented to support a smooth and timely review process. A well-prepared package reduces the need for clarification, prevents misunderstandings, and demonstrates your commitment to compliance and safety.
The permitting package should include:
Each document should be current, consistent, and aligned with your facility layout and compliance strategy. Submitting a complete and organized package not only improves review time but also helps build trust with regulators and avoids unnecessary revisions.
Key takeaways:
After submitting your permitting package, the AHJ may provide comments, request revisions, or engage outside consultants to conduct a technical review. These third-party evaluations are especially common when hazardous materials are involved, and the associated costs are often the responsibility of the applicant. While this can extend the review timeline, it also provides an opportunity to confirm that your design meets all applicable codes and community expectations.
Respond to feedback promptly and thoroughly. Make any required adjustments to your documentation, and maintain open communication with the AHJ throughout the process. Demonstrating responsiveness and transparency can go a long way in building confidence and keeping your project on track.
Once all concerns have been addressed and permit fees have been paid, you will receive the necessary approvals. At that point, you can proceed with ordering long-lead equipment, scheduling contractors, and preparing for construction or installation.
Key takeaways:
This permitting strategy is particularly valuable for companies that are scaling new technologies into production for the first time. These organizations often have strong technical expertise in their core process, but may be unfamiliar with the complex regulatory landscape involved in standing up a physical facility. The approach outlined in this guide helps bridge that gap and ensures a smoother transition from concept to commercialization.
We regularly support companies in sectors such as:
These organizations often face the challenge of needing to prove their process at scale, without having internal expertise in permitting, site design, or code compliance. Our team helps guide them through each stage of the permitting journey, offering practical engineering insight and regulatory knowledge to reduce risk, stay compliant, and move forward with confidence.
Even the most promising projects can face costly setbacks when key planning steps are overlooked. Based on our experience supporting early-stage facility builds, here are some of the most common pitfalls to watch for:
By anticipating these challenges and building them into your planning, you can reduce risk and improve your chances of a smooth and successful facility launch.
Permitting is not just a formality at the end of a project. It is a critical path activity that should begin as early as possible during planning and design. Delaying engagement with regulatory authorities or overlooking code requirements can lead to significant project delays, cost overruns, and rework. On the other hand, taking a proactive approach by meeting with the AHJ, applying the correct code classifications, and assembling a complete and professional documentation package can streamline approvals and provide a smoother path to execution.
If your organization is preparing to build or scale a pilot facility, it pays to work with a partner who understands both the technical and regulatory landscape. Re:Build Optimation offers the engineering expertise and permitting support needed to help you move forward with clarity and confidence. From early planning to final approvals, we are here to guide you every step of the way.
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