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Building and fire code

Can a two-story house be an assisted living facility in Texas?

Yes. Texas does not prohibit a two-story assisted living facility, and residents may sleep on an upper floor. But 26 TAC 553.213 (new small Type A) and 553.223 (new small Type B) require that a facility providing spaces for residents on any floor other than the ground floor must have at least two separate approved stairs, and neither stair may require passing through another room, including a bedroom or bathroom. Most suburban houses have one staircase, so building a second is structural surgery. The practical answer is to house every resident on the ground floor and use the second floor for staff, office, medication room, laundry and storage. Then the two-stair rule never applies.

Reviewed by Erika Crossley, AI Infrastructure Architect for Senior Living · Information last verified July 2026

The rule, exactly as written

26 TAC 553.213 and 553.223 use the same language for Type A and Type B: a new small assisted living facility providing spaces for use by residents on floors other than the ground floor must provide at least two separate approved stairs. Each stair must meet NFPA 101 Section 32.2.2.6, must be arranged so that it is not necessary to pass through another room, including a bedroom or bathroom, to reach it, and must have handrails and normal lighting.

A regulator does not write a two-stair rule for a building type it forbids. The rule exists because multi-story small facilities are contemplated. What the rule does is make putting residents upstairs expensive.

The move that makes a two-story house work

The requirement is triggered only by providing spaces for use by residents above the ground floor. House every resident on the ground floor and the trigger never fires.

The second floor then becomes staff quarters, the office, the medication room, laundry and storage, all of which a care home genuinely needs. You avoid the one cost nobody can price in advance, which is cutting a second code-compliant staircase into a finished house.

What you still have to pay for either way

  • —Sprinklers. 26 TAC 553.215 (Type A) and 553.225 (Type B) require a fire sprinkler system in every new small assisted living facility. There is no exception, and it is not triggered by the number of stories. A single-story house needs them too.
  • —Protection of vertical openings. The stairwell itself must be protected under NFPA 101 Chapter 32, and the sprinkler system must protect the whole building, including the upper floor.
  • —A commercial fire alarm system, addressable and supervised.
  • —Local fire marshal approval, and a Life Safety Code survey that must be passed before a single resident moves in.

The Harris County floodplain rule that disqualifies houses outright

Under 26 TAC 553.103, a facility applying for initial licensure on or after December 6, 2022 in a county with a population over 3.3 million must not be located in a 100-year floodplain. Harris County is the only Texas county above that threshold, which means Cypress, Spring and the Harris County side of Katy are all subject to it. Sugar Land sits in Fort Bend County and is not.

This disqualifies otherwise perfect houses. Check the floodplain before you check anything else.

Where to register to get paid

The official Texas and federal sign-up pages — verified June 2026. You don’t have to hunt for them.

These are the official portals. Approval and contracting still take real paperwork — that’s the part we help you through.

Have Erika read your property before you buy →

Common questions

Does Texas allow assisted living residents on the second floor?

Yes, but a facility providing resident spaces above the ground floor must have at least two separate approved stairs under 26 TAC 553.213 and 553.223, and neither stair may require passing through another room to reach it.

Do I need sprinklers in a small Texas assisted living facility?

Yes. 26 TAC 553.215 and 553.225 require a fire sprinkler system in every new small assisted living facility, Type A or Type B. It is mandatory regardless of the number of stories, and every facility licensed on or after August 31, 2021 counts as new.

Can I put a care home in a house in a floodplain in Houston?

No. Under 26 TAC 553.103, a facility applying for initial licensure on or after December 6, 2022 in a county with a population over 3.3 million may not be located in a 100-year floodplain. Harris County is the only Texas county over that threshold.

Related license types

Type A ALF →Type B ALF →

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