Cal. Civ. Code § 59
Ventilation for shafts
Operative Text
§ 59. Ventilation for shafts. 1. There shall be provided in the roof directly over each stair, fire-stair, dumbwaiter, elevator or similar shaft which extends to or within one story of a roof, a ventilating metal skylight of the cross-sectional area of such shaft. Such skylight need not, however, exceed twenty square feet in area. Where an existing skylight is smaller than the dimensions or area prescribed in this subdivision, no structural change shall be required, but a ventilating metal skylight fitting the existing opening in the roof shall be sufficient. Every skylight shall be glazed with plain glass in the roof of such skylight and shall be equipped with metal screens over and under the skylight. In lieu of a skylight a window of the same area at the top story shall be accepted. 2. Whenever there is a flooring of solid construction at the top of any enclosed stair, fire-stair, elevator or similar shaft, openings shall be left near the top of such shaft for ventilation. Such openings shall provide at least two hundred eighty-eight square inches of unobstructed ventilation and shall communicate directly with the outer air, or be otherwise ventilated in accordance with the provisions of the local building code. 3. It shall be unlawful to discharge into any such shaft any inflammable or volatile gases, liquids or other thing or matter which would endanger life.
New York Multiple Residence Law § 59 establishes ventilation requirements for vertical shafts—such as stairwells, elevator shafts, and dumbwaiter shafts—in multiple residences. Shafts that reach near the roof must have a metal skylight (or an equivalent top-story window) sized to match the shaft's cross-section, up to a maximum of twenty square feet, with plain glass glazing and metal screens above and below. Where a solid floor caps an enclosed shaft, openings providing at least 288 square inches of unobstructed airflow to the outside are required, and the law flatly prohibits discharging flammable or volatile gases or liquids into any such shaft.
Plain English — not legal advice.
Operators of multiple residences subject to N.Y. Mult. Resid. Law § 59 generally ensure that each qualifying shaft terminating near the roof is topped with a properly glazed, screened metal skylight—or an equivalent top-story window—sized to the shaft's cross-sectional area. Where an existing skylight is undersized, the law does not require structural reconstruction, but a ventilating metal skylight fitted to the existing roof opening is expected. Compliant operators also verify that any solid-floored shaft top has adequate ventilation openings meeting the 288-square-inch minimum, and they take care that no flammable or volatile substances are discharged into shaft spaces.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents living in buildings covered by N.Y. Mult. Resid. Law § 59 have an interest in knowing that shaft ventilation requirements exist to support both air quality and fire safety in stairwells and similar vertical spaces. If a skylight appears missing, unscreened, or improperly glazed, or if shaft ventilation openings seem blocked, these conditions may represent a violation of § 59 that can be reported to the local housing or building code enforcement agency. Tenants may also raise such conditions with a local tenant-rights organization or, where applicable, a rent board, to understand what documentation and complaint processes are available to them.
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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