When is a Building Permit Required for Equipment Changes?
In recent years, our clients have experienced a number of requests for modifications to existing cell sites.
The problem is that in many jurisdictions, the tower owner or building owner is the one responsible for pulling building permits. Failure to pull a building permit can yield a fine or penalty which the landowner is responsible for paying. It can also result in a stop work order that prevents any work from being done on the tower or the building regardless of whether that work is related to the cell site. In one situation where a client of ours owns a building, the carrier represented that they did not need a permit even though they were using a large crane to lift equipment onto the rooftop and were boring new structural supports into the rooftop. Upon investigation, it turns out that the proposed installation would not have been allowed under the local building code and needed to be revised anyway. Had our client not pushed the building permit issue, the work that would have been done would have been done without a building permit and against code. These are violations that our client, the landowner, would have been responsible for.
Thus, we recommend that you ask the carrier who is proposing to do “maintenance” whether they are actually adding equipment to the roof that isn’t there currently. If they aren’t adding equipment or are replacing existing equipment with the exact same equipment, then let them complete their maintenance. If they are adding equipment or antennas, ask that they provide you with either a copy of the building permit or a copy of a letter signed by the building permit office that states that the proposed work does not require a building permit. Most cell site leases require that the carrier meet or exceed all local, state, and federal laws, codes, and ordinances.
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If a carrier is adding an additional broadband customer to the tower and they put a foundation and cabinet on the leased property do they need a building permit?
Typically this would require a building permit and an electrical permit although in rural areas- not necessarily.
Thank you
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Can a wireless company which installed their cell site to continue to operate despite the fact that they installed their equipment without city permits and against zoning code which doesn't allow these sites in residential areas or should City terminate operation.
Lenka, Good morning. In part, it depends upon the type of cell site. Some sites (like small cell attachments to utility poles) are protected by Federal and State statutes. Macrocells (sites on towers and buildings) typically require a building permit at a minimum and possibly a zoning approval. If they don't have either, they are likely in violation of the code and the City code enforcement may require removal. Ken