Cal. Civ. Code § 104
Bulkheads
Operative Text
§ 104. Bulkheads. 1. Every stair, fire-stair and fire-tower required by this chapter to extend to the level of the roof or to any terrace formed by a setback shall extend to and through a fireproof bulkhead or other fireproof enclosure in such roof or terrace approved by the department. Such bulkhead or enclosure shall give unobstructed access at all times to such roof or terrace by means of a fireproof door and door assembly with the door self-closing. Such a door shall never be self-locking and shall be fastened on the inside by movable bolts, hooks or a lock which does not require a key to open from the inside of the dwelling. Stairs to a bulkhead or enclosure shall have a handrail. When a dwelling has a pitched or sloping roof with a pitch or slope of more than fifteen degrees, no bulkhead or stair leading thereto shall be required. 2. The roof of any penthouse may for the purpose of this section be deemed part of the main roof if unobstructed access be provided and maintained between all required fire-stair landings on the main roof adjoining such penthouse, on the roof of such penthouse and on the roof of any other penthouse extending above such main roof. Such unobstructed access, where horizontal, shall be by means of a passage at least three feet in clear width. It may include one or more stairs necessary to provide access from any penthouse roof to any main roof adjoining such penthouse. Such stairs shall conform to all the requirements of section fifty-three for stairways of fire-escapes. There shall be a passageway at least four feet in clear width between such stairs and the parapet wall or guard railing of the main roof.
New York Multiple Dwelling Law § 104 governs how stairways in multi-dwelling buildings must connect to rooftops and terraces formed by setbacks. The rule requires that any such stairway terminate in a fireproof bulkhead or enclosure fitted with a self-closing, never self-locking door that can always be opened from the inside without a key. Handrails are required on stairs leading to bulkheads, and buildings with steeply pitched roofs above fifteen degrees are exempt from the bulkhead requirement. Where penthouses rise above the main roof, the provision also sets minimum passage widths to ensure continuous, unobstructed access across all required fire-stair landings.
Plain English — not legal advice.
Under N.Y. Mult. Dwell. Law § 104, compliant building operators ensure that every required stairway extending to the roof or a setback terrace terminates in a department-approved fireproof bulkhead or enclosure. Operators generally verify that bulkhead doors are self-closing, never self-locking, and equipped only with interior hardware—such as movable bolts, hooks, or a keyless lock—so occupants can exit at any time. Where penthouses are present, operators typically confirm that passageways between fire-stair landings on the main roof and penthouse roofs meet the minimum clear-width requirements specified in § 104, and that any connecting stairs conform to the fire-escape stairway standards referenced in the provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Dwell. Law § 104 establishes that tenants in covered multi-dwelling buildings have a right to unobstructed roof access through a properly constructed bulkhead with a door that is never locked against exit from the inside. If a bulkhead door is found to be self-locking, missing its self-closing mechanism, or otherwise blocking required access, that condition may constitute a violation of § 104. Tenants who believe their building is not in compliance can document the condition, raise it as a potential housing code violation with the New York City Department of Buildings or the relevant local authority, or seek guidance from a tenant-rights organization familiar with the Multiple Dwelling Law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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