Cal. Civ. Code § 148
Public stairs
Operative Text
§ 148. Public stairs. 1. Every stair, fire-stair and fire-tower shall, except as otherwise provided in subdivisions three and four of this section and section one hundred forty-nine, be constructed as provided for fire-stairs in sections one hundred two and one hundred five for fireproof dwellings. 2. Every stair, fire-stair and fire-tower shall be at least three feet in clear width throughout, and at all floor levels shall have landings at least three feet six inches in clear width. 3. Every stair, fire-stair and fire-tower shall be completely separated from every other stair, fire-stair and fire-tower and from every public hall and shaft by fireproof walls, with fireproof doors and assemblies, with the doors self-closing and without transoms, at all openings, except that in dwellings two stories or less in height such walls may be fire-retarded on both sides in lieu of being fireproof. The doors giving access to such stairs shall not be held open by any device whatever. 4. Except in the case of an interior enclosed stair separated from and directly accessible to the public hall by a self-closing fireproof door and except as provided in subdivision five, there shall be provided to light and ventilate every stair at every story a window or windows opening on a street, court, yard or space above a setback. At least one such window shall be at least two feet six inches wide and five feet high unless it opens on a street, in which case its minimum height shall be four feet. The aggregate area of such window or windows at each story shall be at least eighteen square feet. On the top story a ventilating skylight may be substituted for a window. At the entrance story or at the roof level a sash door, such as described in section thirty-five, opening to the outer air may be substituted for such window. 5. In a dwelling occupied by two families or less on every story: a. If such dwelling is three stories or less in height, there may be provided for any stair, in lieu of windows, a stairwell sixteen inches or more in clear width extending from the entrance story to the roof. b. If such dwelling is a class A dwelling and is two stories or less in height, there may be provided for any stair, in lieu of windows, a stairwell six inches or more in clear width. For the purposes of this paragraph a section of a class A multiple dwelling may be deemed a separate multiple dwelling. c. If such dwelling is two stories in height and has no public hall on the first story, no stairwell or stair windows need be provided.
New York Multiple Dwelling Law § 148 establishes detailed construction and safety standards for public stairs, fire-stairs, and fire-towers in multiple dwellings. The provision sets minimum width requirements for stairways and landings, mandates fireproof separation from other building areas with self-closing doors that cannot be held open, and requires adequate lighting and ventilation through windows or approved alternatives at each story. Certain smaller or lower-height dwellings occupied by two families or fewer may qualify for modified ventilation arrangements, such as stairwells in place of windows, depending on the building's height and classification.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Mult. Dwell. Law § 148 generally ensure that all public stairs meet the minimum three-foot clear width standard, with landings at least three feet six inches wide at every floor level. Compliant operators maintain fireproof separation walls and self-closing doors at all stair openings, confirm that no door-holding devices are in use, and verify that each story of a stairway is served by windows or approved ventilation alternatives meeting the size and area thresholds specified in the section. Operators of smaller two-family dwellings should also review the modified standards in § 148(5) to determine which construction alternatives may apply to their specific building height and class.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y. Mult. Dwell. Law § 148, tenants in multiple dwellings have an interest in stairs that meet minimum width, fireproof separation, and ventilation standards, since these requirements are designed to support safe egress and fire protection. If a stairway appears to lack self-closing doors, adequate width, or proper ventilation as described in § 148, tenants may be able to raise these conditions as potential housing code violations with local building or housing authorities, or document concerns for review by a tenant-rights organization. Tenants can also explore whether a violation of § 148 may be relevant to any existing housing complaint or proceeding by consulting a tenant advocacy resource familiar with New York 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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