Cal. Civ. Code § 106

Cellar and basement stairs

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/22/2014New YorkHabitability & Repair

Operative Text

Cal. Civ. Code § 106
  § 106. Cellar and basement stairs.  A cellar or basement stair may be
located inside the dwelling, but shall not be located underneath a stair
leading to the upper stories unless it is a basement stair leading
upward from a basement which is the main entrance story of the dwelling,
or unless it is a stair leading downward from the entrance story which
is separated by a fireproof arch from the stair leading upward from the
entrance story.  Except as otherwise provided in subdivision five of
section fifty-two, all inside cellar or basement stairs shall be
entirely enclosed with fireproof walls and be provided with fireproof
doors and assemblies, with the doors self-closing, at all openings.
Source: Legislative text reproduced verbatim
Plain English

New York Multiple Dwelling Law § 106 governs where cellar and basement stairs may be placed within a dwelling and how they must be constructed. The rule generally prohibits positioning a cellar or basement stair directly beneath a stairway that leads to upper floors, with narrow exceptions for certain basement entrance-story configurations or fireproof-arch-separated arrangements. Beyond placement, the provision requires that interior cellar and basement stairs be fully enclosed using fireproof walls and fitted with self-closing fireproof doors and assemblies at every opening, subject to the limited exception found in MDL § 52(5).

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under N.Y. Mult. Dwell. Law § 106 generally ensure that any interior cellar or basement stairway is positioned in compliance with the placement restrictions and is fully enclosed within fireproof construction. Compliant operators install self-closing fireproof doors and proper assemblies at all openings to those stairways, and they verify whether the § 52(5) exception applies before relying on any alternative configuration. Routine inspections of door hardware, closers, and wall integrity help operators maintain the continuous compliance that § 106 demands.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under N.Y. Mult. Dwell. Law § 106, tenants in multiple dwellings have an interest in knowing that interior cellar and basement stairways are required to meet specific fire-safety construction and placement standards. If a stairway appears to lack fireproof enclosure, self-closing doors, or proper assemblies, that condition may represent a violation of § 106 that can be reported to the New York City Department of Buildings or the relevant local housing authority. Tenants can also consult a tenant-rights organization to understand how documented violations of § 106 might be raised in housing court proceedings or used to support other 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.

Effective Timeline

Current
Sep 22, 2014
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 8.60.130
Severability
§ 15.12.010
Definitions
§ 15.12.240
Temporary housing

Source Information

Snapshot SHA:
Fetched:Sep 13, 2026, 06:01 PM UTC