Cal. Civ. Code § 236
Stairs in fireproof tenements
Operative Text
§ 236. Stairs in fireproof tenements. 1. Except as in this section otherwise provided, every fireproof tenement erected after May fifteenth, nineteen hundred two, containing more than thirty-six apartments or suites of rooms above the entrance story shall have an additional stair for every additional thirty-six apartments or suites or fraction thereof. 2. If such a tenement contains not more than forty-eight apartments or suites above the entrance story, in lieu of an additional stair the stairs, stair halls and entrance halls throughout the entire tenement may each be at least one-half wider than is specified in sections two hundred thirty-four, two hundred thirty-seven and two hundred thirty-eight. 3. If such a tenement contains more than seventy-two apartments or suites but not more than eighty-four above the entrance story, in lieu of three stairs there may be only two stairs, provided that one of such stairs and the stair and entrance halls connected therewith are at least one-half wider than is specified in sections two hundred thirty-four, two hundred thirty-seven and two hundred thirty-eight. 4. For the purposes of this section a janitor's apartment in a penthouse shall not be construed as an additional apartment. 5. The number of apartments on any story in any fireproof tenement may be altered, if the number of living rooms on such story is not increased by more than thirty per centum. If the number of living rooms on any story or section thereof above the entrance story exceeds thirty, there shall be an additional stair for each thirty rooms or fraction thereof on any such story or section thereof, except that if the number of living rooms on any such story or section does not exceed forty, in lieu of an additional stair one stair and every public hall connected therewith may be at least one-half wider than is specified in sections two hundred thirty-four, two hundred thirty-seven and two hundred thirty-eight; but in every such tenement erected before May sixteenth, nineteen hundred thirteen, and altered as herein permitted, the occupants of each additional apartment shall have access to at least two independent means of egress, which shall be made to conform to the requirements of section two hundred thirty-one for fireproof tenements erected after such date. 6. Whenever the total number of rooms, exclusive of bathrooms, water-closet compartments, and cooking spaces less than eighty square feet in area, in any fireproof tenement or section thereof is decreased through the process of an alteration, the number of apartments may be altered and the provisions of this section which relate to additional stairs shall not be applicable.
N.Y. Mult. Dwell. Law § 236 establishes stairway requirements for fireproof tenements built after May 15, 1902, scaling the number of required stairs to the number of apartments or suites above the entrance story. As a general rule, one additional stairway is required for every 36 apartments or fraction thereof beyond the first 36, though the law permits wider stairs and halls to substitute for an additional stairway under certain conditions tied to specific apartment-count thresholds. The provision also addresses how alterations—such as changing the number of apartments or living rooms—affect these stairway obligations, and it exempts a penthouse janitor's apartment from the apartment count.
Plain English — not legal advice.
Owners and managers of fireproof tenements subject to N.Y. Mult. Dwell. Law § 236 generally ensure that the number and width of stairways remain consistent with the building's current apartment and living-room counts, both as originally constructed and after any alterations. When contemplating renovations that change the number of apartments or living rooms above the entrance story, compliant operators typically evaluate whether the project triggers additional stairway requirements or qualifies for the wider-stair substitution options the section permits. Operators also confirm that any alteration does not increase living rooms on a given story beyond the 30-percent threshold set out in § 236(5), and that occupants retain access to the required independent means of egress.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in fireproof tenements covered by N.Y. Mult. Dwell. Law § 236 have an interest in knowing that the building's stairway configuration is required by law to correspond to the number of apartments and living rooms in the structure. If a tenant has concerns that a building's stairways do not meet the requirements of § 236—particularly after a renovation—general enforcement paths include raising the issue with the New York City Department of Buildings or the relevant local housing authority, or consulting a tenant-rights organization familiar with the Multiple Dwelling Law. Tenants may also find it useful to review whether any alteration to their building's apartments or living rooms was carried out in compliance with the conditions § 236 sets for such changes.
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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