Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.253
EXEMPTIONS.
Operative Text
Sec. 92.253. EXEMPTIONS. (a) This subchapter does not apply to:(1) a dwelling unit that is occupied by its owner, no part of which is leased to a tenant;(2) a dwelling unit in a building five or more stories in height in which smoke alarms are required or regulated by local ordinance; or(3) a nursing or convalescent home licensed by the Department of State Health Services and certified to meet the Life Safety Code under federal law and regulations.(b) Notwithstanding this subchapter, a person licensed to install fire alarms or fire detection devices under Chapter 6002, Insurance Code, shall comply with that chapter when installing smoke alarms. Acts 1983, 68th Leg., p. 3649, ch. 576, Sec. 1, eff. Jan. 1, 1984.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
Section 92.253 of the Texas Property Code carves out three categories of residential situations from the smoke alarm subchapter's requirements: owner-occupied units with no tenants, units in buildings of five or more stories where a local ordinance already governs smoke alarms, and licensed nursing or convalescent homes that meet federal Life Safety Code standards. The provision also clarifies that licensed fire alarm installers must still follow the Insurance Code's Chapter 6002 rules regardless of this subchapter. In other words, the exemptions narrow the scope of who the smoke alarm rules cover, while preserving separate professional licensing obligations for installers.
Plain English — not legal advice.
Under § 92.253, property owners who occupy their own unit without any tenants are not subject to the smoke alarm requirements of this subchapter, nor are operators of qualifying high-rise buildings already covered by local ordinance or licensed nursing facilities meeting federal standards. Compliant operators of multi-unit properties generally confirm whether a local ordinance independently governs their building before assuming an exemption applies, since the high-rise carve-out is conditional. Owners who hire licensed contractors to install smoke alarms should also be aware that those contractors remain bound by Insurance Code Chapter 6002 regardless of § 92.253's exemptions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.253 defines the situations in which the Texas Property Code's smoke alarm subchapter does not apply to a rental dwelling, which means tenants in those exempt categories may not have the same statutory protections that otherwise govern smoke alarm installation and maintenance. Tenants who are uncertain whether their unit falls under an exemption — for example, in a high-rise building — can review whether a local ordinance provides equivalent or greater protections. Tenant-rights organizations or a local housing authority can help clarify which rules apply to a specific building type, and tenants may also raise questions about exemption status when addressing smoke alarm concerns with a landlord.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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