Cal. Civ. Code § 152
Fire-stopping
Operative Text
§ 152. Fire-stopping. 1. In every wall where wooden furring is used every course of masonry from the under side to the top of any floor beams shall project a distance of at least two inches beyond each face of the wall that is not on the outside of the dwelling; and whenever floor beams run parallel to a wall and wooden furring is used, every such beam shall always be kept at least two inches away from the wall, and the space between the beams and the wall shall be built up solidly with brickwork from the under side to the top of the floor beams. 2. Whenever a wall is studded off, the space between an inside face of the wall and the studding at any floor level shall be fire-stopped. Every space between beams directly over a studded-off space shall be fire-stopped by covering the bottom of the beams with metal lath and plaster and placing a loose fill of incombustible material at least four inches thick on the plaster between the beams, or hollow-burned clay tile or gypsum plaster partition blocks, at least four inches thick in either case and supported by cleats, shall be used to fill the spaces between beams. 3. Partitions which are not parallel with the wood floor beams and which separate one apartment or suite from another or any part of an apartment or suite from a public hall or other part of the dwelling outside the apartment or suite shall be filled in solidly with incombustible material between the floor beams from the plate of the partition below to the full depth of the floor beams. 4. If a dwelling is within ten feet of another non-fireproof building or of a side lot line, such dwelling shall have its eaves or cornices built up solidly with masonry. 5. The wooden frames in any cornice on any row of buildings shall be separated between buildings by a complete fire-stop. 6. Every space between stair carriages of any non-fireproof stair shall be fire-stopped by a header beam at top and bottom. Where a stair run is not all in one room or open space, the stair carriages shall have an intermediate firestop, so located as to cut off communication between portions of the stair in different rooms or open spaces. The underside and stringers of every unenclosed stair of combustible material shall be fire-retarded. 7. All partitions required to be fire-retarded shall be fire-stopped with incombustible material at floors, ceilings and roofs. Fire-stopping over partitions shall extend from the ceiling to the underside of any roofing above. Any space between the top of a partition and the underside of roof boarding shall be completely fire-stopped.
New York Multiple Dwelling Law § 152 establishes detailed structural fire-stopping requirements for multiple dwellings, covering walls with wooden furring, studded-off wall spaces, inter-apartment partitions, eaves and cornices near lot lines, stair carriages, and fire-retarded partitions. The rule requires that gaps, voids, and open spaces within floors, walls, and stair assemblies be sealed with incombustible materials—such as brickwork, metal lath and plaster, clay tile, or gypsum blocks—to prevent fire from traveling through concealed cavities. These requirements apply at the time of construction and govern the physical configuration of the building's structural and partition assemblies.
Plain English — not legal advice.
Property owners and managers overseeing multiple dwellings subject to N.Y. Mult. Dwell. Law § 152 generally ensure that any construction, renovation, or repair involving walls, floors, partitions, cornices, or stair assemblies incorporates the fire-stopping measures the statute specifies. Compliant operators typically document that wooden furring installations maintain the required masonry projections and clearances, that studded-off wall spaces are fire-stopped at every floor level, and that stair carriages include header beams and intermediate fire-stops where required. When work is performed near eaves, cornices, or shared partition walls, operators commonly verify that incombustible fill materials meet the thickness and support standards described in § 152 before closing up assemblies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in multiple dwellings in New York have an interest in knowing that N.Y. Mult. Dwell. Law § 152 sets baseline fire-stopping standards intended to limit the spread of fire through concealed building cavities. If a tenant has reason to believe that construction or renovation work in their building has left required fire-stops incomplete or missing—such as open spaces around stair carriages or unsealed partition voids—they may consider reporting concerns to the New York City Department of Buildings or the relevant local building or housing authority. Tenants can also reach out to a tenant-rights organization for information about how fire-safety code violations are documented and what remedies may be available under local housing enforcement processes.
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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