City Council expected to implement requirements for residential air conditioning

The city is revising its technical building codes. As part of this process, City Council is slated to adopt changes to Austin’s version of the International Property Maintenance Code on April 10. Most notably, these changes will include a requirement that all Austinites can access air conditioning in their homes.

Surprisingly, current statewide housing standards do not include residential cooling requirements. An attempt in the Texas Legislature to force landlords across the state to provide air conditioning for tenants was halted in 2023. More recently, a federal judge recently found the lack of AC in some Texas prisons to be unconstitutional (but did not order the state to immediately install AC in its prisons).

If the changes are adopted, Austin will join other Texas cities like Houston and Dallas in codifying citywide residential access to AC.

This process began during summer 2023, as Austin was experiencing a record-breaking heat wave. Mayor Pro Tem Vanessa Fuentes authored a resolution initiating city code amendments that would require residential property owners to provide and maintain adequate cooling equipment. Fuentes’ resolution directed the city manager to consider stakeholder feedback and industry practices, and to return to Council with a draft ordinance in 2024.

Fuentes noted in her resolution that Austin-Travis County paramedics had responded to hundreds of heat-related calls in summer 2023. The state of Texas experienced a record-setting 300-plus heat-related deaths in 2023, including many in-home deaths. Summer temperatures are expected to continue to worsen due to climate change.

The implementation of Fuentes’ resolution was incorporated into the process for other citywide technical code revisions. The city launched an effort to obtain public input on these various revisions last year. More information on the other technical code revisions, including changes to the building, energy conservation, plumbing and wildland-urban interface codes and their timelines are available here.

The ordinance implementing the AC requirement, as well as other revisions to the property maintenance code, will return to Council for consideration on April 10. It has been approved by the Building and Standards Commission. Council held a public hearing on the proposed changes on March 27.

In Austin’s version of the International Property Maintenance Code, “we just changed to … align with the new air conditioning requirements for the amendment we’re going to propose,” Todd Wilcox, the city’s building official, said during the hearing.

Property owners will “have to install air conditioning equipment capable of maintaining 15 degrees cooler than outside, but not exceeding 85 degrees. We also changed the service definition to align with the National Electric Code, which was adopted in 2023 from 60 amps to 100 amps,” he added.

Wilcox noted that city staff also added two definitions to the property maintenance code to streamline the process to send out permitting and code notices, and provided more clarity on surcharges and infestations. A summary of the revisions to other city technical codes can be found in this presentation from Wilcox.

The air conditioning changes will include a maintenance requirement for property owners to keep the equipment in working condition. These rules will apply to existing properties, with similar requirements for new construction projects.

The code changes would take effect this summer. Renters will be able to contact 311 if they believe their home is out of compliance.

A 2024 Affordability Impact Statement from city staff said the changes will have a “neutral” impact on development cost, affordable housing and zoning.

“Every Austinite deserves a safe and air-conditioned home, especially as Texas summers get hotter and more dangerous,” Fuentes told the Austin Monitor. “These much-needed regulations are a matter of public health, and I hope to see them in effect before this year’s summer heat kicks in.”

Overall, the city’s recent approach to heat resilience has incorporated a public health lens. A recent report from the city auditor’s office noted Austin’s progress in preparing for extreme heat but highlighted several concerning gaps in the city’s long-term heat resilience efforts.

Photo by Texas Leather in San Antonio made available through a Creative Commons license.

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