Cal. Civ. Code § 105
Separation and ventilation of stairs
Operative Text
§ 105. Separation and ventilation of stairs. 1. In a dwelling in which one or more passenger elevators are maintained and operated opening upon a public hall at every story, all stairs, fire-stairs and fire-towers shall be completely separated from one another and from every elevator shaft by fireproof walls. They shall be constructed of fireproof material throughout and shall contain no wood or other inflammable material of any kind, except that handrails of hardwood may be provided. 2. Access to stairs, fire-stairs and fire-tower balconies from any public vestibule or other public hall shall be through fireproof doors and assemblies, with the doors self-closing and at least three feet wide, or through pairs of such doors at least four feet wide, containing in either case a fixed sash glazed with wire glass at least three hundred sixty square inches in area. 3. Every stair hall shall be ventilated by a window, or by movable louvres in the skylight having an opening of at least one hundred forty-four square inches, or by an opening of at least one hundred forty-four square inches near the top of the stair shaft and communicating directly with the outer air. If a window is provided which does not open upon a street or yard, it shall be fireproof and glazed with wire glass of good quality and have no pane more than three hundred sixty square inches in area.
New York Multiple Dwelling Law § 105 establishes fire-safety construction standards for stairwells in elevator buildings. Stairs, fire-stairs, and fire-towers must be physically separated from each other and from elevator shafts by fireproof walls, built entirely of non-combustible materials (with an exception for hardwood handrails). Doors providing access to these stairways must be self-closing, fireproof, and meet minimum width and wire-glass requirements, and every stair hall must be ventilated through a window, louvered skylight, or direct exterior opening of at least 144 square inches.
Plain English — not legal advice.
Property owners and managers operating elevator buildings subject to N.Y. Mult. Dwell. Law § 105 generally ensure that stairwells are enclosed by fireproof walls, that all stair construction is non-combustible, and that access doors are self-closing fireproof assemblies with the wire-glass sash dimensions the statute specifies. Compliant operators also maintain adequate stair-hall ventilation—whether through an operable window, skylight louvres, or a direct exterior opening—and document that these features meet the minimum area thresholds set out in § 105. Routine inspections and records of door hardware, glazing condition, and ventilation openings help demonstrate ongoing compliance with these structural requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in elevator buildings covered by N.Y. Mult. Dwell. Law § 105 have an interest in knowing that the law requires fireproof stairwell construction, properly functioning self-closing fire doors, and adequate ventilation in stair halls. If a stairwell door appears to be propped open, lacks wire glass, or ventilation openings seem blocked or absent, these conditions may represent a violation of § 105. Tenants who observe such conditions can report them to the New York City Department of Buildings or the relevant local housing authority, and may also wish to consult a tenant-rights organization for guidance on available remedies.
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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