Albany, N.Y., Code of Ordinances ch. 231 § 231-39
Prevention of fire spread
Operative Text
A. Walls and ceilings shall be maintained free from cracks and openings which would permit flame or excessive heat to enter the concealed space. B. In buildings of mixed occupancy, nonresidential space shall be separated from residential space by approved fire separations which will retard the spread of fire in accordance with generally accepted standards. (See § 231-10 , Definitions and word usage.) C. Garages in or attached to a residential building shall be separated from other spaces in the building by approved fire separations which will retard the spread of fire and prevent flammable or toxic vapors originating within the garage from being transmitted to other parts of the building in accordance with generally accepted standards. (See § 231-10 , Definitions and word usage.)
Albany, N.Y., Code of Ordinances ch. 231 § 231-39 establishes structural fire-safety requirements for residential buildings. Walls and ceilings must be kept free of cracks or openings that could allow flames or excessive heat to reach concealed spaces. Where a building contains both residential and non-residential uses, or includes an attached or interior garage, approved fire separations meeting generally accepted standards must be in place to slow the spread of fire and block the migration of flammable or toxic vapors into living areas.
Plain English — not legal advice.
Under Albany, N.Y., Code of Ordinances ch. 231 § 231-39, compliant property operators routinely inspect walls and ceilings for cracks or gaps that could compromise fire containment in concealed spaces. In mixed-use buildings, operators ensure that code-approved fire separations are installed and maintained between residential and non-residential areas. Where a garage is attached to or located within a residential building, operators verify that approved fire separations are in place and functioning to prevent both fire spread and vapor infiltration into occupied spaces, referencing the definitions in § 231-10 as needed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Albany, N.Y., Code of Ordinances ch. 231 § 231-39 gives tenants a basis to expect that their building's walls, ceilings, and any shared boundaries with non-residential spaces or garages are properly maintained to resist fire spread. If a tenant observes cracks, gaps, or missing fire separations that may violate this provision, they may report the condition to the local code enforcement or housing inspection authority. Tenants can also consult a local tenant-rights organization to understand how a documented violation of § 231-39 might be raised in a housing or habitability proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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