N.Y. MRE Law § 138
This is the official text of N.Y. MRE Law § 138, part of New York’s MRE Law — part of the compiled statutory law of New York, published by the state as "MRE Law." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Parapets and guard railings
Official statutory text
§ 138. Parapets and guard railings. Except as hereinafter provided\nevery open area of a roof, terrace, areaway, outside stair, retaining\nwall or porch shall be protected by a parapet wall, a guard railing, or\nboth, extending three feet six inches or more in height above the level\nof such area or, in the case of a stair landing, stair window or window\nin a public hall, above the level of the floor adjacent thereto. In\ndwellings two stories in height, it shall be sufficient if the guard\nrailing is erected at least five feet distant from and encloses any\nrequired bulkhead or scuttle opening to the roof. This section shall not\napply to dwellings one story in height.\n
Status: in_force · Read it on the official government site
Need a lawyer in New York?
Find a New York lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.