Cal. Civ. Code § 260
One and two-story frame dwellings; area limitation
Operative Text
§ 260. One and two-story frame dwellings; area limitation. A frame dwelling not exceeding two stories in height erected pursuant to plans filed after April first, nineteen hundred fifty-nine, and containing an area greater than three thousand square feet must, in addition to any other applicable provisions of this article, comply with the following provisions: 1. Fire-stopped partitions shall be constructed between apartments in such dwelling so as to prevent the passage of fire, smoke or gases from one apartment to another. 2. No section of such dwelling shall contain more than three thousand square feet. Each such section shall be separated from all other sections of the dwelling by fire walls of masonry or other materials having a fire resistive rating of at least two hours. Such wall (1) shall be unpierced except for openings for heat, utility and other service lines and ducts with such openings sealed with incombustible materials (2) shall extend continuously from the floor of the lowest level of the dwelling, to at least two feet above the level of the finished roof and (3) be fire-stopped at floors and roof in such manner as to prevent the passage of fire, smoke or gases between sections. Where there is a peaked or sloped roof, such wall may terminate at the top of the roof boards.
New York Multiple Residence Law § 260 applies to wood-frame dwellings of no more than two stories, built under plans filed after April 1, 1959, that exceed 3,000 square feet in total area. Such buildings must include fire-stopped partitions between apartments to block the spread of fire, smoke, and gases. Additionally, the structure must be divided into sections, each no larger than 3,000 square feet, separated by fire-resistant walls—made of masonry or equivalent materials rated for at least two hours—that run continuously from the lowest floor to at least two feet above the finished roof, with limited, sealed penetrations.
Plain English — not legal advice.
Operators of qualifying wood-frame dwellings subject to N.Y. Mult. Resid. Law § 260 generally ensure that inter-apartment partitions are fire-stopped and that any section of the building does not exceed 3,000 square feet. Compliant operators maintain fire-separation walls that are largely unpierced, with any utility or service openings sealed with noncombustible materials, and that extend the full required height—including the two-foot projection above the finished roof, or to the top of roof boards where a peaked or sloped roof is present. Routine inspections and documentation of these fire-wall and partition conditions are practices commonly associated with maintaining compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in wood-frame dwellings covered by N.Y. Mult. Resid. Law § 260 have an interest in knowing that the law requires specific fire-separation measures between apartments and between building sections. If a tenant has reason to believe these structural fire-safety requirements are not being met, general enforcement paths include reporting concerns to the local building or housing department, raising the issue with a local tenant-rights organization, or noting the potential violation in any relevant housing proceeding. Consulting a tenant-rights organization familiar with New York multiple residence law can help clarify what options may be available under § 260.
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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