Cal. Civ. Code § 63
Two story transient dwellings
Operative Text
§ 63. Two story transient dwellings. 1. All nursing and convalescent homes, homes for the aged, and boarding and nursery schools, two stories in height, shall conform with all of the provisions of article four. 2. Except as provided in subdivision one of this section, the only provisions of article four which shall apply to two story transient dwellings in existence on July first, nineteen hundred fifty-two, shall be sections sixty, sixty-one, sixty-five, title two and the following: a. Every such transient dwelling shall have at least two means of egress. The first means of egress shall be by an interior stair closed off at the top or bottom. The second means of egress shall be by an additional interior stair closed off at the top or bottom or a fire stair or fire escape. A second means of egress shall not be required in a dwelling containing less than thirty sleeping rooms if the sill of the second story window does not exceed fourteen feet in vertical height above the ground or other safe landing place immediately below such window sill. b. Where it is impractical in such transient dwellings to provide a second required means of egress, the department may order, in lieu thereof, additional alterations to the first means of egress and to shafts, stairs and other vertical openings to safeguard the occupants of the dwelling, may require the public halls providing access to the first means of egress to be equipped on both stories with an automatic sprinkler system, and may also require automatic sprinkler heads in the stair which serves as the only means of egress. c. Where two means of egress are required by this section and one is an ornamental stair, the provision for closing off the stair at top or bottom shall not be applicable to the ornamental stair.
New York Multiple Residence Law § 63 establishes differentiated fire-safety and egress requirements for two-story transient dwellings based on their type and when they were built. Nursing homes, convalescent homes, homes for the aged, and boarding and nursery schools must fully comply with all of Article Four regardless of age. For other two-story transient dwellings that existed before July 1, 1952, only a specific subset of Article Four provisions applies, including rules about having at least two enclosed means of egress—though smaller buildings with accessible second-story windows may qualify for an exemption from the second-egress requirement. Where a second egress is physically impractical, the relevant department may authorize alternative protective measures such as sprinkler systems or enhanced shaft enclosures.
Plain English — not legal advice.
Operators of two-story transient dwellings should first determine which category their property falls under, as N.Y. Mult. Resid. Law § 63 applies different compliance standards depending on the building's use and its existence prior to July 1, 1952. Facilities such as nursing homes, convalescent homes, homes for the aged, and boarding or nursery schools are held to the full requirements of Article Four, while other pre-1952 two-story transient dwellings are subject only to the enumerated provisions of § 63. Compliant operators generally ensure that required egress stairs are properly enclosed at the top or bottom, document any claimed exemptions (such as the under-thirty sleeping-room window-height exception), and engage with the department proactively if a second means of egress is structurally impractical so that approved alternative safeguards can be put in place.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents of two-story transient dwellings—including those in nursing homes, boarding schools, or similar facilities—have protections under N.Y. Mult. Resid. Law § 63 that govern how many ways out of the building must exist and how those exits must be constructed. If a required egress stair appears to be unenclosed, blocked, or otherwise non-compliant, tenants or their advocates can raise this as a potential violation with the local housing or building department. Those who believe their building does not meet the standards set out in § 63 may consider filing a complaint with the appropriate municipal agency or reaching out to a tenant-rights organization for guidance on available enforcement paths.
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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