Cal. Civ. Code § 59
Bakeries and fat boiling
Operative Text
§ 59. Bakeries and fat boiling. 1. It shall be unlawful to construct or maintain a bakery or a place of business where fat is boiled in any non-fireproof multiple dwelling or upon the lot on which such dwelling is situated, unless the ceiling, side walls and all exposed iron or wooden beams, girders and columns within the said bakery or business place where fat is boiled, are covered with fireproof materials. 2. There shall be no door, window, dumbwaiter shaft or other opening between such a bakery or business place where fat is boiled and any other part of the dwelling, except that: a. There may be access to the public parts of the dwelling from any bakery maintained therein if the product of such bakery is consumed exclusively within such dwelling. b. In a fireproof hotel where a retail bakery is maintained therein, there may be access to the public parts of the hotel, provided the door openings leading thereto from such bakery and the door assemblies are fireproof with the doors self-closing, and provided the public parts of such bakery premises are protected by one or more sprinkler heads. c. In bakeries in which no fat is boiled and on the premises of which there is no apparatus for fat boiling, a dumbwaiter communicating between the place where the baking is done and a bakery store above may be maintained if entirely enclosed in a brick shaft with walls eight inches or more in thickness, without any openings whatever except one door opening into the bakeshop and one into the bakery store. Every such opening shall be provided with a fireproof door and assembly so arranged that when one door is open, the other is entirely closed. 3. Every part of a bakery, its plumbing, and the yards and open spaces adjoining shall be kept in good repair, in sanitary condition and free from rodents and vermin.
New York Multiple Dwelling Law § 59 governs the construction and operation of bakeries and fat-boiling businesses within or on the lots of non-fireproof multiple dwellings. The rule requires that such spaces have fireproof coverings on ceilings, walls, and exposed structural elements, and it generally prohibits openings—such as doors, windows, or dumbwaiter shafts—between these commercial spaces and the rest of the dwelling, with narrow exceptions for certain hotel bakeries, in-building consumption bakeries, and enclosed dumbwaiter shafts in non-fat-boiling bakeries. The provision also mandates that bakery spaces, their plumbing, and adjacent yards be kept in good repair, sanitary condition, and free from pests.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Mult. Dwell. Law § 59 generally ensure that any bakery or fat-boiling operation on their premises—or on the lot of a non-fireproof multiple dwelling—is fully lined with fireproof materials on ceilings, walls, and exposed structural members. Compliant operators also maintain strict separation between these commercial spaces and the residential portions of the building, relying only on the specific exceptions the statute permits, such as properly enclosed dumbwaiter shafts with interlocking fireproof doors. Ongoing maintenance obligations under § 59 include keeping all bakery areas, plumbing, and adjoining outdoor spaces in good repair, sanitary condition, and free of rodents and vermin.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in a multiple dwelling that contains a bakery or fat-boiling business have an interest in the fire-safety and sanitation standards established by N.Y. Mult. Dwell. Law § 59, which sets baseline requirements for fireproofing and physical separation between those commercial spaces and the rest of the building. If a tenant observes conditions that appear to violate § 59—such as unprotected structural elements, improper openings between a bakery and the dwelling, or unsanitary conditions—they may consider reporting concerns to the New York City Department of Buildings, the Department of Housing Preservation and Development, or a local tenant-rights organization. Understanding the protections outlined in § 59 can help tenants recognize when conditions in their building may fall short of what the law requires.
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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