Cal. Civ. Code § 185

Cellar ceilings

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/22/2014New YorkRent Regulation

Operative Text

Cal. Civ. Code § 185
  § 185. Cellar ceilings. 1. Except as provided in paragraph g of
subdivision three of section one hundred seventy-one, the ceiling of the
cellar, or of the lowest story if there be no cellar, shall be
fire-retarded unless such dwelling is three stories or less in height
and the ceiling has already been plastered in a manner satisfactory to
the department.
  2. In lieu of the requirements set forth in subdivision 1. hereof,
buildings existing November first, nineteen hundred forty-nine, in
cities having a population between five hundred thousand and one million
having three stories or less in height and containing no more than six
families or eight roomers or lodgers, with no human occupancy in the
cellar or basement may comply by:
  I. providing two means of egress to any area of the third floor used
for human occupancy; and
  II. providing approved safety controls on all fuel burning devices in
basement or cellar; and
  III. fire-stopping of all openings in cellar or basement ceiling or
openings leading to the floors above from cellar or basement such as,
but not limited to, stud channels, openings around conduits, soil and
water pipes, ducts, pipe chases, and by complying with either IV or V
hereof;
  IV. providing an approved sprinkler system throughout entire cellar or
basement area; or
  V. a. providing fire-retarded ceilings at the first floor level; and
  b. providing sprinkler head or heads above each hot water heater,
furnace and all other fuel burning devices in basement or cellar; and
  c. fire-stopping all the interior entrances to any area of the third
floor used for human occupancy at the second floor level with
fire-retarded partitions, or equal construction, and a fire-retarded
self-closing door and assembly.
Source: Legislative text reproduced verbatim
Plain English

New York Multiple Dwelling Law § 185 establishes fire-safety requirements for the ceilings of cellars—or the lowest story in buildings without a cellar—in multiple dwellings. As a general rule, those ceilings must be fire-retarded, though buildings of three stories or fewer that already have satisfactory plaster ceilings may be exempt. Older buildings in mid-sized cities (population between 500,000 and one million) that existed before November 1, 1949, and meet certain size and occupancy criteria may satisfy the rule through an alternative package of measures, such as providing two means of egress to third-floor areas, installing approved safety controls on fuel-burning devices, fire-stopping ceiling openings, and either adding a full sprinkler system or combining fire-retarded ceilings with targeted sprinkler heads and fire-retarded partitions at key interior entrances.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Operators of multiple dwellings subject to N.Y. Mult. Dwell. Law § 185 generally ensure that cellar or lowest-story ceilings meet fire-retardation standards as verified by the relevant department. For buildings of three stories or fewer, compliant operators confirm whether existing plaster ceilings have already been accepted as satisfactory, which may eliminate the fire-retardation requirement. Owners of qualifying pre-1949 buildings in eligible cities who wish to use the alternative compliance path under § 185(2) typically document that all required elements—egress routes, fuel-burning device controls, fire-stopping, and the chosen sprinkler or partition option—are in place and maintained.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under N.Y. Mult. Dwell. Law § 185, tenants in covered multiple dwellings have an interest in knowing that cellar or lowest-story ceilings are required to meet fire-safety standards, which are intended to slow the spread of fire through the building. If a tenant has reason to believe these requirements are not being met, general enforcement paths include filing a complaint with the local housing or buildings department, which has authority to inspect and cite violations. Tenants may also contact a local tenant-rights organization to better understand how a § 185 violation might be raised in a housing proceeding or other forum.

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

Current
Sep 22, 2014
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Related Rules

§ 326
Rules and regulations
§ 327
Saving clauses
§ 328
Effect of invalidity in part

Source Information

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