Cal. Civ. Code § 62
Parapets, guard railings and wires
Operative Text
§ 62. Parapets, guard railings and wires. 1. Every open area of a roof, terrace, areaway, outside stair, stair landing, retaining wall or porch and every stair window of a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, shall be protected in a manner approved by the department by a parapet wall or a guard railing three feet six inches or more in height above the level of such area, or, in the case of a stair window, above the level of the floor adjacent thereto, unless the department shall deem that such protection is not necessary for safety. In any multiple dwelling where a bulkhead door or scuttle cover opens within four feet of the edge of the roof, that part of the roof which is immediately adjacent to such door or cover shall be adequately protected. Such protection shall consist of guard rails or parapet walls extending at least three feet six inches above the level of the roof, and shall be arranged and placed in a manner approved by the department, but shall not be required for such bulkhead door or scuttle cover when the bulkhead or scuttle on such dwelling is immediately adjacent to, and also on the same level as or on a lower level than, the roof of a contiguous building. This subdivision shall not apply to the open area of a roof of a garden-type maisonette dwelling project. 2. All radio, antennae or other wires over any roof shall, unless otherwise permitted by the department, be kept ten feet or more above such roof, and no radio, television antennae or other wires shall be attached to any fire escape or to any soil or vent line extending above the roof.
New York Multiple Dwelling Law § 62 establishes physical safety standards for elevated and open areas in multiple dwellings built after April 18, 1929. Roofs, terraces, outside stairs, stair landings, porches, retaining walls, and similar open areas must be protected by parapet walls or guard railings at least three feet six inches high, unless the department determines such protection is unnecessary. The provision also addresses roof access points like bulkhead doors and scuttle covers that open near a roof's edge, requiring adequate protective barriers nearby, and separately requires that wires over rooftops be kept at least ten feet above the roof surface and prohibits attaching such wires to fire escapes or vent lines.
Plain English — not legal advice.
Operators of multiple dwellings subject to N.Y. Mult. Dwell. Law § 62 generally ensure that all qualifying open areas — including rooftops, terraces, outside stairs, and porches — are equipped with compliant parapet walls or guard railings meeting the minimum height requirement of three feet six inches. Compliant operators also pay particular attention to any bulkhead doors or scuttle covers that open within four feet of a roof edge, confirming that adequate protective barriers are in place and arranged in a manner approved by the relevant department. With respect to wiring, operators typically verify that roof-level radio, antenna, or other wires are maintained at least ten feet above the roof and are not affixed to fire escapes or soil and vent lines.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in multiple dwellings covered by N.Y. Mult. Dwell. Law § 62 have an interest in knowing that open roof areas, terraces, outside stairs, and similar spaces are supposed to be protected by adequately sized parapets or guard railings, and that roof wiring must meet specific clearance and placement requirements. If a tenant observes missing, damaged, or noncompliant barriers or improperly placed wires, they may have grounds to report the condition to the New York City Department of Housing Preservation and Development or the applicable local housing authority. Tenants can also consult a tenant-rights organization to better understand how a violation of § 62 might be raised in a housing proceeding or used as part of a broader habitability concern.
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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