Cal. Civ. Code § 241
Partitions; fire-stopping
Operative Text
§ 241. Partitions; fire-stopping. 1. In tenements erected after April eighteenth, nineteen hundred twelve, wood stud apartment partitions which are directly over each other shall run through the wood floor beams and rest upon the plate of the partition below. In fireproof tenements erected after such date all partitions shall rest directly upon the fireproof floor construction and extend to the fireproof beam filling above. Apartment partitions within the meaning of this section are partitions crossing the floor beams at any angle and separating one apartment from another or any part of an apartment from any public part of the dwelling. 2. In tenements erected after April eighteenth, nineteen hundred twelve, apartment studding shall be filled in solidly between the uprights to the depth of the floor beams with incombustible materials. 3. In non-fireproof tenements erected after April twelfth, nineteen hundred one, in every wall where wood furring is used, every course of masonry from the under side to the top of any floor beams shall project a distance of two inches or more beyond each face of the wall that is not on the outside of the dwelling, so as to provide an effective fire stop; and whenever floor beams run parallel to a wall and wood furring is used, every such beam shall always be kept two inches away from the wall, and the space between the beams and the wall shall be built up solidly with brickwork from the underside to the top of the floor beams so as to form an effective fire stop.
New York Multiple Dwelling Law § 241 establishes structural and fire-stopping requirements for tenement buildings constructed after specific dates in the early twentieth century. For buildings erected after April 18, 1912, the law governs how apartment partitions must be positioned and supported — either running through floor beams in wood-stud construction or resting directly on fireproof floor systems in fireproof buildings. For non-fireproof tenements built after April 12, 1901, the provision also mandates specific masonry projection and spacing requirements wherever wood furring is used, with the goal of creating effective fire stops that slow the spread of fire through wall and floor assemblies.
Plain English — not legal advice.
Owners and managers of tenement buildings subject to N.Y. Mult. Dwell. Law § 241 generally ensure that apartment partitions are installed and maintained in the manner the provision specifies for their building's construction type and date. In wood-stud buildings erected after April 18, 1912, compliant operators verify that stud partitions run through floor beams and bear on the plate below, while in fireproof buildings they confirm partitions rest on the fireproof floor construction and extend to the beam filling above. Where wood furring is present in non-fireproof tenements built after April 12, 1901, operators typically maintain the required masonry projections and beam clearances to preserve the integrity of fire stops during renovations or inspections.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in tenement buildings covered by N.Y. Mult. Dwell. Law § 241 have an interest in knowing that this provision sets minimum structural and fire-safety standards for the walls and partitions separating their apartments from neighboring units and common areas. If a tenant has reason to believe that partition construction or fire-stopping elements in their building do not meet these standards — for example, during a renovation that exposes wall assemblies — they may consider reporting concerns to the New York City Department of Buildings or the relevant local housing authority. Tenant-rights organizations can also help residents understand how § 241 intersects with broader habitability and building-code obligations.
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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