Cal. Civ. Code § 259
Cellar and basement stairs
Operative Text
§ 259. Cellar and basement stairs. A cellar or basement stair located inside the dwelling shall be entirely enclosed with fireproof walls and be provided, at all openings, with fireproof doors and assemblies, with the doors self-closing, except that in any dwelling three stories or less in height, such stair may be enclosed with walls or partitions constructed of fire-resistive materials.
Under N.Y. Mult. Resid. Law § 259, any stairway leading to a cellar or basement that is located inside a dwelling must be fully enclosed. In taller buildings, the enclosure must use fireproof walls and fireproof, self-closing doors at every opening. Dwellings of three stories or fewer are permitted to use fire-resistive materials instead of fully fireproof construction for those enclosures.
Plain English — not legal advice.
Property owners and managers subject to N.Y. Mult. Resid. Law § 259 generally ensure that interior cellar and basement stairways are fully enclosed with the appropriate materials—fireproof construction with self-closing fireproof door assemblies for buildings over three stories, or fire-resistive materials for buildings three stories or fewer. Compliant operators typically document the materials used in stair enclosures and verify that self-closing mechanisms on doors remain functional during routine inspections. Keeping records of any construction or renovation work on these enclosures can help demonstrate ongoing compliance during housing inspections.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Resid. Law § 259 establishes a building owner's obligation to maintain properly enclosed interior cellar and basement stairways, which is a fire-safety protection that benefits residents. If a tenant observes that a cellar or basement stair enclosure appears to lack proper walls, fireproof materials, or self-closing doors, that condition may represent a code violation that can be reported to the local housing or building department. Tenants may also consult a tenant-rights organization to understand how a violation of § 259 could be raised in relevant housing proceedings.
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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