The elderly and other vulnerable populations are adversely affected during power outages caused from incidents like Winter Storm Uri. Hurricane Beryl, and other natural disasters. During Hurricane Beryl alone, there were around 200 cases of heat-related illnesses and 11 deaths among the elderly population associated with the impacts of power failure.

Due to nursing homes and assisted living facilities housing these vulnerable populations, considerations of backup power to essential systems like heating, air conditioning, fire alarms, and emergency lighting are critical to stopping the creation of additional life-threatening situations. These measures are designed to prevent such tragedies and keep residents and staff safe during emergencies while minimizing the use of 911 and impacts on public safety.

Local Government Code 233, IFC 2021 Chapter 1 Section 102.9, and IFC 2021 Chapter 11.

LGC 233.061 & 233.062 

Grants the authority for a county to adopt a fire code in the unincorporated area.  IFC 2021 – Chapter 1, Section 102.9 states, “Matters not provided for.  Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, that are not specifically provided for by this code, shall be determined by the fire code official.

IFC 2021 Chapter 11:

Authority to enforce the fire code on existing buildings.

Institutional Group I-1

occupancy shall include buildings, structures or portions thereof for more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care.

• Assisted living facilities

Institutional Group I-2

occupancy shall include buildings and structures used for medical care on a 24-hour basis for more than five persons who are incapable of self-preservation.

• Nursing homes

**NOT REQUIRED: Residential Group R-4

occupancy shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care.

• Assisted living facilities

By January 1, 2026, all facilities must have one of the below options completed:

• Option 1: Standby Power Options: 

  A shoreline connection point installed and a plan in place for a standby generator, fuel cell, or mobile power supply that can be delivered, connected, and running within three hours of a power outage.

• Option 2: Permanent On-Site Power Backup:

  Install a power backup system that can power all essential systems during an outage.

These measures are essential to protect vulnerable residents and prevent life-threatening situations during power outages.

If you have any questions please contact: FMOSupport@fmo.hctx.net.

According to Section 1203.2.21 of the Harris County Fire Code, backup power must support the following critical systems:

• HVAC for all occupied areas at a reasonable life safety temperature
• Fire alarm systems (if provided)
• Fire pumps (if provided)
• Emergency exit signs and egress lighting
• Electrically operated locks or latches on egress doors (if provided)
• Power-operated doors (if provided)
• Smoke control systems (if provided)
• Emergency responder communication systems (if provided)
• Refrigeration for food and medication preservation
• Potable water booster pumps (for buildings 3 stories or more)
• Elevators for egress in buildings 4 stories or more
• Other equipment necessary to preserve critical systems related to life.

Business owners and facility managers are encouraged to work with the HCFMO to develop plans that ensure a safe space for all residents and staff while meeting the intent of the code. 

Facilities that fail to comply by the deadline will not face immediate resident displacement. The Harris County Fire Marshal’s Office (HCFMO) is committed to working with facilities to achieve compliance, recognizing the financial and logistical challenges some may face. 

Yes, residential assisted living facilities may use locally purchased power generation equipment. It is required that all critical systems are powered and comply with the specified safety standards. Facility managers or owners are encouraged to consult with licensed electricians to identify specific needs.

HCFMO is offering direct support through:

• On-site Visits:
   

  Informing facilities of new requirements and addressing concerns.

• Emergency Backup Power Plans Review:

  Assisting with the review and refinement of emergency backup power plans.

  • HCFMO can host various meetings for facilities to come and ask questions related to this standard.

• Compliance Support:

  Providing resources and guidance to ensure facilities meet the required standards.

If you have any questions please contact: FMOSupport@fmo.hctx.net  

Facilities’ compliance will be monitored through annual fire inspections, which will now include assessments of backup power capabilities. 

Progress will be verified through follow-up inspections and additional reviews to ensure facilities are implementing the required improvements and safety plans effectively.