Cal. Civ. Code § 106
Cellar and basement stairs
Operative Text
§ 106. Cellar and basement stairs. A cellar or basement stair may be located inside the dwelling, but shall not be located underneath a stair leading to the upper stories unless it is a basement stair leading upward from a basement which is the main entrance story of the dwelling, or unless it is a stair leading downward from the entrance story which is separated by a fireproof arch from the stair leading upward from the entrance story. Except as otherwise provided in subdivision five of section fifty-two, all inside cellar or basement stairs shall be entirely enclosed with fireproof walls and be provided with fireproof doors and assemblies, with the doors self-closing, at all openings.
New York Multiple Dwelling Law § 106 governs where cellar and basement stairs may be placed within a dwelling and how they must be constructed. The rule generally prohibits positioning a cellar or basement stair directly beneath a stairway that leads to upper floors, with narrow exceptions for certain basement entrance-story configurations or fireproof-arch-separated arrangements. Beyond placement, the provision requires that interior cellar and basement stairs be fully enclosed using fireproof walls and fitted with self-closing fireproof doors and assemblies at every opening, subject to the limited exception found in MDL § 52(5).
Plain English — not legal advice.
Property owners and managers operating under N.Y. Mult. Dwell. Law § 106 generally ensure that any interior cellar or basement stairway is positioned in compliance with the placement restrictions and is fully enclosed within fireproof construction. Compliant operators install self-closing fireproof doors and proper assemblies at all openings to those stairways, and they verify whether the § 52(5) exception applies before relying on any alternative configuration. Routine inspections of door hardware, closers, and wall integrity help operators maintain the continuous compliance that § 106 demands.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y. Mult. Dwell. Law § 106, tenants in multiple dwellings have an interest in knowing that interior cellar and basement stairways are required to meet specific fire-safety construction and placement standards. If a stairway appears to lack fireproof enclosure, self-closing doors, or proper assemblies, that condition may represent a violation of § 106 that can be reported to the New York City Department of Buildings or the relevant local housing authority. Tenants can also consult a tenant-rights organization to understand how documented violations of § 106 might be raised in housing court proceedings or used to support other remedies.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.