Cal. Civ. Code § 240
First tier of beams
Operative Text
§ 240. First tier of beams. 1. In all tenements erected after April twelfth, nineteen hundred one, which are five stories or more in height, the first floor above the lowest cellar, or, if there be no cellar, above the basement or other lowest story, shall be fireproof; and all exposed portions of any iron or steel beams below the floor arches shall be fire-retarded. 2. In all non-fireproof tenements erected after such date which are four stories or less in height, the ceiling of the lowest cellar, or, if there be no cellar, of the basement or other lowest story, shall be fire-retarded or covered with plaster boards at least one-half inch in thickness, with all joints made true and well pointed. 3. In all old-law tenements which are four stories or more in height the ceiling of the cellar, or, if there be no cellar, of the basement or other lowest story, shall be fire-retarded.
New York Multiple Dwelling Law § 240 establishes fire-resistance requirements for the lowest structural floor and ceiling areas of tenement buildings, with the specific standard depending on the building's height, construction type, and date of construction. Taller buildings built after April 12, 1901, must have a fully fireproof first floor above the lowest cellar, while shorter post-1901 non-fireproof buildings require fire-retardant treatment or plaster board of at least one-half inch on the lowest ceiling. Older 'old-law' tenements of four stories or more must also have fire-retarded cellar or basement ceilings regardless of when they were built.
Plain English — not legal advice.
Property owners and managers of tenement buildings subject to N.Y. Mult. Dwell. Law § 240 generally ensure that the relevant floor or ceiling assemblies meet the fire-resistance standard applicable to their building's height, age, and construction classification. For buildings five stories or more erected after April 12, 1901, compliant operators maintain a fireproof first-floor assembly and fire-retarded exposed iron or steel beam surfaces below floor arches. Routine inspections and documentation of materials used in these assemblies help demonstrate ongoing compliance with § 240's tiered requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Dwell. Law § 240 establishes fire-safety construction standards that landlords of covered tenement buildings are required to meet, and tenants living in such buildings have an interest in knowing whether those standards are satisfied. If a tenant has reason to believe the cellar, basement, or lowest-floor fire-resistance requirements under § 240 are not being met, general enforcement paths include filing a complaint with the New York City Department of Buildings or the relevant local housing authority. Tenant-rights organizations can also help residents understand how a violation of § 240 might be raised in a housing proceeding or inspection context.
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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