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08/30/2025

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LAWIN.news

Harris County mandates backup power for nursing homes, assisted living facilities

by LAWIN.news January 10, 2025
written by LAWIN.news January 10, 2025
Photo: Antranik Tavitian / Houston Landing
135

HOUSTON, Texas — Harris County has mandated that nursing homes and assisted living facilities in its unincorporated areas install backup power systems to ensure continued operation of essential heating and cooling systems during power outages.

This requirement is part of an updated fire code following recent extreme weather events, including a derecho in May and Hurricane Beryl in July, which caused widespread power outages.

During the hurricane, 14 nursing homes and 30 assisted living facilities in the county experienced extended power losses.

Under the new rule, approximately 120 facilities will be required to install secondary power systems that activate within three hours of a power failure.

The updated fire code also mandates emergency communication systems, provisions for essential medical equipment, and the ability to evacuate residents using powered doors and elevators.

The proposal to amend the fire code was introduced by Precinct 4 Commissioner Lesley Briones in November 2023 and was approved unanimously by the Commissioners Court.

The Texas Assisted Living Association has expressed concerns about the timeline for implementation, with the compliance deadline set for January 1, 2026. The association has indicated that more input from stakeholders could have been beneficial.

The cost of installing backup generators is estimated to range from $20,000 for smaller facilities to over $720,000 for larger facilities. The new requirements apply to facilities with 16 or more occupants, according to Harris County’s definition of assisted living, which differs from the state’s definition.

The mandate is intended to prevent fatalities due to extreme temperatures, fires, or other disasters. While state law requires backup generators for new nursing homes, there is no state mandate for generators to power heating or air conditioning systems. Other states, including Florida and Maryland, have enacted stricter regulations.

The new regulations do not apply to independent living facilities, which face similar challenges during power outages but are not subject to the same oversight.

Mayor John Whitmire has expressed interest in holding landlords accountable for disaster preparedness in independent living facilities.

Harris County officials have indicated that the fire marshal’s office will conduct inspections to ensure compliance with the new regulations. Facilities that fail to meet the requirements may face citations, though the focus will be on education and ensuring compliance.

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