Cal. Civ. Code § 185
Cellar ceilings
Operative Text
§ 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.
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.
Plain English — not legal advice.
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.
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
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.