Cal. Civ. Code § 143
Construction of first floor
Operative Text
§ 143. Construction of first floor. 1. The first floor above the lowest cellar, or, if there be no cellar, above the lowest story, shall be fireproof or, if the dwelling be three stories or less in height, fire-retarded. Said first floor shall be unpierced except for a stair leading to a cellar as provided in section one hundred fifty, for lawful pipes, conduits and ducts and for dumbwaiter and elevator shafts. Any such dumbwaiter and elevator shafts shall be equipped at all openings below the said first floor with fireproof doors and assemblies with the doors self-closing. 2. Whenever the lowest cellar does not extend over more than half the area of the dwelling, that portion of the first floor directly over such cellar and the entire second floor above such cellar shall be constructed as in this section prescribed for the first floor above the lowest cellar. Whenever the lowest cellar extends over more than half, but not all, of the area of the dwelling, only that portion of the first floor directly over such cellar need be constructed as in this section prescribed for the first floor above the lowest cellar.
Under N.Y. Mult. Dwell. Law § 143, the floor immediately above the lowest cellar—or above the lowest story when no cellar exists—must be built to fireproof or, in buildings of three stories or fewer, fire-retarded standards. That floor must remain largely unbroken, with openings permitted only for a cellar stairway, lawful pipes and ducts, and dumbwaiter or elevator shafts; any such shafts must have self-closing fireproof doors at all openings below that floor. When a cellar covers only part of a building's footprint, the rule adjusts which floor areas and which upper floors must meet these construction standards based on how much of the building the cellar underlies.
Plain English — not legal advice.
Property owners and managers operating multiple dwellings in New York should be aware that § 143 sets specific construction standards for the first floor above the lowest cellar, requiring fireproof or fire-retarded assemblies depending on building height. Compliant operators generally ensure that any dumbwaiter or elevator shaft openings below that floor are fitted with self-closing fireproof door assemblies, and that no unauthorized penetrations exist in the floor. Where a cellar covers only a portion of the building footprint, operators typically verify which floor areas and upper-floor sections fall under the partial-cellar rules described in § 143(2) and confirm that those areas meet the prescribed construction standards.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in New York multiple dwellings are protected by the fire-resistance construction requirements established in N.Y. Mult. Dwell. Law § 143, which are intended to limit the spread of fire between a cellar and the floors above. If a tenant has reason to believe that shaft openings, floor penetrations, or construction materials in their building do not meet these standards, they may consider raising the issue with the New York City Department of Buildings or the relevant local housing enforcement agency, or contacting a tenant-rights organization for guidance. A documented violation of § 143 may also be relevant in housing court proceedings, and tenants can explore that avenue with the help of a legal aid or tenant advocacy resource.
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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