Cal. Civ. Code § 242
Cellar and basement stairs in non-fireproof tenements
Operative Text
§ 242. Cellar and basement stairs in non-fireproof tenements. 1. Cellar stairs in non-fireproof tenements erected after April twelfth, nineteen hundred one, which are occupied by three families or more on any story or which are five stories or more in height, shall be governed by the provisions of section one hundred fifty for non-fireproof multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine. In all other non-fireproof tenements erected after April twelfth, nineteen hundred one, any stair leading to a cellar may be located inside the building, provided it is enclosed with fireproof walls and is provided with fireproof doors and assemblies at both the top and bottom, with the doors self-closing. 2. In old-law tenements exceeding a basement and three other stories in height and provided with an inside cellar stair communicating between the entrance story and a cellar or lower story, the opening to such stair if located underneath the main stair leading to the upper stories shall be enclosed from the level of the entrance story up to the underside of the first flight of such main stairs. The soffit of such first flight of main stairs and the partitions forming such enclosure shall be fire-retarded or covered with twenty-six gauge metal. The opening to such enclosure shall be provided with a fireproof door and assembly with the door self-closing.
N.Y. Mult. Dwell. Law § 242 sets out fire-safety construction standards for stairs leading to cellars and basements in non-fireproof tenements built after April 12, 1901. For larger or taller buildings in that category, cellar stairs must meet the same requirements applied to non-fireproof multiple dwellings built after April 18, 1929; in smaller buildings, interior cellar stairs are permitted only when enclosed by fireproof walls and fitted with self-closing fireproof doors at both the top and bottom. For older-law tenements taller than a basement plus three stories, any interior cellar stair opening located beneath the main staircase must be enclosed and protected with fire-retarded or metal-covered surfaces and a self-closing fireproof door.
Plain English — not legal advice.
Operators of non-fireproof tenements subject to N.Y. Mult. Dwell. Law § 242 generally ensure that cellar stair enclosures are constructed with the correct fireproof or fire-retarded materials and that all required self-closing fireproof doors and assemblies are installed and maintained in working order. For buildings that fall under the old-law tenement provisions of subdivision 2, compliant operators pay particular attention to the enclosure requirements when a cellar stair opening sits beneath the main staircase, including proper treatment of the soffit and surrounding partitions. Routine inspections of door hardware, closers, and enclosure integrity help demonstrate ongoing compliance with the structural fire-safety standards the statute requires.
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 § 242 establishes fire-safety protections that residents of covered non-fireproof tenements are entitled to benefit from, including properly enclosed cellar stairways with functioning self-closing fireproof doors. Tenants who observe missing, propped-open, or damaged cellar stair doors or deteriorated enclosure materials may have grounds to report the condition to the New York City Department of Buildings or the relevant local housing enforcement agency. Tenant-rights organizations can help residents understand how conditions that violate § 242 may be raised in housing court proceedings or through formal complaint channels.
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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