San Marcos, TX Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Governing section
- Sec. 34.809(a), General standards
- Occupancy standard
- Set by adopted International Fire Code
- Non-compliant rooms
- Excluded from count, must stay locked
- Permit required
- Yes, city short-term rental permit
Summary
San Marcos caps short-term rental occupancy using the adopted International Fire Code's occupancy calculations, which set the maximum number of people allowed to sleep or congregate in the unit as a condition of the city's rental permit.
The maximum number of persons allowed to reside in a short term rental shall be determined by the International Fire Code edition adopted by the City of San Marcos. The occupancy calculations shall determine the maximum number of people allowed to sleep or congregate.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 41).
Full Breakdown
Every licensed short-term rental in San Marcos must meet the general standards of City Code Sec. 34.809, which ties maximum occupancy to the International Fire Code edition the city has adopted. The fire code's occupancy calculations set how many people may sleep or congregate inside the unit at once. The same section adds that any bedroom or sleeping area that fails to meet fire-and-life-safety standards, egress windows, smoke and carbon-monoxide detectors, cannot count toward that occupancy total and must stay locked while the property operates as a short-term rental.
Violations & Fines
Operating with more occupants than the fire-code calculation allows, or using a non-compliant sleeping area for guests, violates Sec. 34.809 and can trigger short-term rental permit suspension or revocation.
Frequently Asked Questions
How many people can stay in a San Marcos short-term rental?
Can a bedroom without an emergency exit be rented out?
Sources & Official References
Other rules in San Marcos
Texas rules heatmap·Compare San Marcos to another location·View the Texas short-term rentals overview
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