Harris County is one of the first counties in Texas to impose a requirement that assisted living institutions and nursing homes in its unincorporated sections have backup power generators to keep heating and cooling systems running during electrical outages.
Following the May derecho and Hurricane Beryl in July, which left over 2 million homes and businesses without power during oppressive heat, the county’s revised fire code now includes the mandate. At least 30 assisted living institutions and 14 nursing homes in Harris County were many days without power during the hurricane.
This is for our entire family, including our parents, grandparents, great-grandparents, and everyone else. At a press conference on Wednesday to announce the new rule, Precinct 4 Commissioner Lesley Briones stated, “We’re all aging, and this could be us.”
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Secondary power systems that activate three hours after an initial power outage must be installed in at least 120 unincorporated Harris County facilities. Facilities must also install emergency communication systems for quick response, power critical medical equipment, and have safe evacuation procedures with powered doors and elevators, according to the revised regulation.
At the Commissioners Court meeting on November 12, Briones suggested adding the requirement to the county fire code. The vote was unanimous.
At least one statewide association of assisted living institutions was left reeling by the statement on Wednesday.
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The Texas Assisted Living Association’s Vice President of Public Policy, Carmen Tilton, stated that she was unaware of the fire code modification until it was implemented on January 1.
The group has been seeking information on the changes, she said, and the most she has heard from Harris County officials was during Brione’s press conference announcing the mandate. The association is already receiving inquiries from affected assisted living facilities.
“I believe we could have helped, and I wish we had been included in these discussions,” she said. I have a lot more questions and answers at the moment.
Facilities will have until January 1, 2026, to meet the new standards, according to county authorities, who expressed the hope that this will give them enough time to plan and execute the necessary adjustments.
According to Harris County Fire Marshal Laurie Christensen, she acknowledged that there probably needs to be some leeway with that date since certain sites can experience difficulties in obtaining generators or licenses.
Although Tilton acknowledged the need for flexibility, she pointed out that in order for Texas nursing and assisted living institutions to maintain their state operating licenses, they must pass an annual fire inspection.
According to Tilton, the county’s fire code’s requirement begs the question of whether their licenses would be suspended if they failed to install a generator by the deadline.
According to Tilton, the state’s definition of assisted living facilities differs from Harris County’s revised fire code. According to her, the county classifies an assisted living facility as one that has 16 or more residents, but the state defines it as four.
She remarked, “It just doesn’t align.” There may be regions of confusion if we use the same words but differ in how we define them or distinguish between larger and smaller groupings.
Tilton stated that while she was not necessarily against the new mandate, she is attempting to be realistic about how association members will appropriately adhere to the rules.
We simply have a lot of logistics to work out,” she remarked.
According to Christensen, her staff will work with the Texas Department of Health and Human Services and other local officials to inform and educate facilities about the new backup power requirement. She also acknowledged that the new rule is probably going to be very expensive.
According to the Texas Tribune, the Texas Health and Human Services Commission predicted in 2021 that the cost of installing a new generator that can maintain specific air temperatures may range from $20,000 for a new, smaller facility to $720,000 or more for an older, larger facility.
“The new mandate is another box we need to check,” Christensen said, adding that the fire marshal’s office already inspects assisted living and nursing homes annually to make sure they are in line with state regulations for their licenses.
Christensen stated that although the fire marshal’s office will probably attempt to guide facilities toward compliance, noncompliance with the new standard may result in citations.
According to Christensen, many people consider our fire code to be enforcement. Education is more important than enforcement. Whether it’s from heat, cold, or fire, our objective is to stop a death before it occurs.
Since 1996, Texas law has mandated that all new nursing facilities contain a backup generator to power life-saving equipment, emergency lighting, exit signs, fire alarms, nurse call systems, telephones, medication, and other safety measures. According to state law, assisted living institutions are exempt from having a generator.
Those generators are not required by state legislation to be able to power heating or air conditioning systems.
Legislators from the state have attempted, but failed, to require backup generators for nursing homes and assisted living facilities.Stricter legislation has been passed in other places, such as Maryland and Florida.
AARP Texas’s associate state director of advocacy and outreach, Andrea Earl, acknowledged that Harris County authorities had been alerting state lawmakers to the need for stricter regulations at nursing homes and assisted living facilities.
Earl stated that while progress is better than no progress, the Texas Legislature must establish a policy in order to bring about significant change.
We commend Harris County, but in many of these places, the problem simply moves once it is resolved, she added.
The possible civil and criminal sanctions that could be implemented with a state statute are not applicable to local fire rules, she continued.
Independent living institutions, which have also experienced power outages during natural catastrophes, will not be subject to the new rules.In contrast to higher-level care facilities like assisted living and nursing homes, independent living facilities are not state-certified, do not need state licenses, and are subject to very little regulatory control.
John Whitmire, the mayor of Houston, stated that he wished to hold landlords more accountable for their failure to adequately prepare for catastrophes or give relief to their renters. Houston could change how it finances independent senior living facilities to promote better catastrophe preparedness, according to the city’s housing director in August.
Requests for comment regarding the progress of their accountability initiatives were not immediately answered by the mayor’s office or Housing and Community Development Director Mike Nichols.
Hanna Holthaus, a reporter for Houston Landing, contributed to this article.
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