Cal. Civ. Code § 28
Stairs and entrance halls
Operative Text
§ 28. Stairs and entrance halls. In every such dwelling three stories or more in height the wood wainscoting and other combustible materials on the wall and ceiling surfaces in all halls shall be removed and replaced with incombustible or other fire-resistive materials. In lieu of such removal, a sprinkler system may be installed in such halls or such wainscoting and the combustible surfaces may be treated or covered in a manner satisfactory to the department with a surface fire-retardant approved by the department. In such a dwelling, however, any entrance door and every door opening into any entrance hall, stair hall, or other public hall connected therewith, shall be self-closing. Every interior sash, or opening other than a door, in the walls or partitions of such halls and every window therein not opening to the outer air shall be sealed with fire-resistive materials.
New York Multiple Residence Law § 28 establishes fire-safety standards for the common hallways and stairwells of residential buildings that are three stories or more tall. The rule requires that combustible wall and ceiling materials in these shared spaces be removed and replaced with fire-resistant alternatives, though building owners may instead install a sprinkler system or apply a department-approved fire-retardant treatment as a substitute. Additionally, every door opening into a public or stair hall in such buildings must be self-closing, and any interior window or non-door opening in those hall walls that does not vent to outside air must be sealed with fire-resistive materials.
Plain English — not legal advice.
Operators of multiple-residence buildings three stories or higher should be aware that N.Y. Mult. Resid. Law § 28 sets out specific requirements for hall and stairwell fire safety. Compliant operators generally ensure that combustible wainscoting and wall or ceiling materials in common halls have been removed and replaced, or that an approved sprinkler system or department-approved fire-retardant treatment has been applied in their place. They also confirm that all doors opening onto public or stair halls are equipped with self-closing mechanisms, and that any interior sashes or non-door openings in hall walls not facing outside air are sealed with fire-resistive materials, keeping documentation of any departmental approvals on file.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in multiple-residence buildings of three or more stories have an interest in knowing that N.Y. Mult. Resid. Law § 28 entitles them to hallways and stairwells that meet specific fire-safety standards, including fire-resistant wall surfaces, self-closing hall doors, and sealed interior openings. If a tenant observes conditions that appear inconsistent with these requirements—such as deteriorating combustible wall materials, doors that do not self-close, or unsealed interior openings in stairwells—they may consider documenting the conditions and reporting them to the local housing or building department. Tenants can also reach out to a local tenant-rights organization for general information about how violations under § 28 might be raised or addressed.
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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