New York regulations

9 NYCRR 7040.4

Executive Department

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Individual occupancy housing units

Individual occupancy housing units

Compiled text through Mar 31, 2022

Register checked through Jul 29, 2026

Later Register activity found — review the notice before relying on the compiled text.

Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Mar 31, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
SIR-50-22-00003-A · Adopted rule · May 17, 2023
Source snapshot
Jun 6, 2026
(a)Except as otherwise provided in section 7040.6(a) of this Part, each individual occupancy housing unit shall contain at least 60 square feet of floor space; however, an individual occupancy housing unit may contain less than 60 square feet of floor space if such unit was originally constructed for single occupancy prior to the effective date of this Part.
(b)Each individual occupancy housing unit shall contain:
(1)one bed and mattress;
(2)one functioning toilet; and
(3)one functioning sink.
(c)Sufficient showers shall be available to permit each inmate to shower daily, pursuant to the requirements of section 7005.2 of this Title.
(d)Each individual occupancy housing unit shall house only one inmate.
(e)Each tier or section of individual occupancy housing units constructed after the effective date of this Part shall provide dayroom space adjacent and accessible to such tier or section.
(f)Despite the requirement of subdivision (b) of this section that each individual occupancy housing unit contain one functioning toilet and sink, a toilet and sink may be deliberately rendered nonfunctioning when the chief administrative officer determines that doing so is necessary to preserve the safety, security, or good order of the facility, or the safety, security, or health of the inmate, staff or other inmates. Any such determination shall be made by the chief administrative officer in writing, shall state the specific facts and reasons underlying the determination, shall provide that dates and times the determination was in effect, and shall be maintained as part of the centralized record required by section 7075.6 of this Title. In any such instance, the toilet shall be flushed, and the inmate shall have brief access to a functioning sink, at intervals not to exceed two hours.
(g)Any determination made pursuant to subdivision (f) of this section shall be reviewed by the chief administrative officer at intervals not to exceed 24 hours. Following each such review, the chief administrative officer shall document, in writing, whether such determination shall continue or cease, and state the specific facts and reasons underlying the continuance or termination.

State Register activity

4 rulemakings · 4 notices

  1. Aligning the rule of conduct regarding carrying firearms and other weapons in public transit with New York Law.

    SIR-50-22-00003

    1. Adopted ruleSIR-50-22-00003-A

      Amendment of Part 1040 of Title 21 NYCRR.

  2. Allowing telemedicine in some circumstances, supersede previ- ous emergency adoption.

    WCB-04-23-00003Workers' Compensation Board

    1. Emergency ruleWCB-04-23-00003-E

      Amendment of sections 325-1.8, 329-1.3, 329-4.2, 333.2 and 348.2 of Title 12 NYCRR.

  3. Life Sciences Initiative Program.

    UDC-19-18-00003Urban Development Corporation

    1. Emergency ruleUDC-19-18-00003-E

      Addition of Part 4255 to Title 21 NYCRR.

  4. Matter Location-Date-Time Public Service Commission PSC-45-17-00008-P . . . . . . . . . . . . . . . . . . . . . . . . Major water rate filing Department of Public Service, Agency Bldg. 3, 3rd Fl. Hearing Rm., Albany, NY-January 29, 2018 and continuing daily as needed, 10:30 a.m. (Evidentiary Hearing)* *On occasion, there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be avail- able at the DPS website (www.dps.ny.gov) under Case 17-W-0528. PSC-50-17-00021-P . . . . . . . . . . . . . . . . . . . . . . . . Disposition of tax refunds and other related matters Department of Public Service, Three Empire State Plaza, 3rd Fl. Hearing Rm., Albany, NY-February 7, 2018, 10:30 a.m. (Eviden- tiary Hearing)* *On occasion, there are requests to reschedule or postpone evidentiary hearing dates. If such a request is granted, notification of any subsequent scheduling changes will be avail- able at the DPS website (www.dps.ny.gov) under Case 17-M-0592. HEARINGS SCHEDULED FOR PROPOSED RULE MAKINGS 16 [[PAGE 23]] Action Pending Index The action pending index is a list of all proposed rules which are currently being considered for adoption. A proposed rule is added to the index when the notice of proposed rule making is first published in the Register. A proposed rule is removed from the index when any of the following occur: (1) the pro- posal is adopted as a permanent rule; (2) the proposal is rejected and withdrawn from consideration; or (3) the propos- al's notice expires. Most notices expire in approximately 12 months if the agency does not adopt or reject the proposal within that time. The expiration date is printed in the second column of the action pending index. Some notices, however, never expire. Those notices are identified by the word "exempt" in the second column. Actions pending for one year or more are preceded by an asterisk(*). For additional information concerning any of the proposals Agency I.D. No. Expires

    TAF-51-17-00002Department of Taxation and Finance

    1. Emergency and proposed ruleTAF-51-17-00002-EP

Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

State Register notices matched to this citation. This is Register status evidence, not compiled regulation text: a notice does not by itself amend the text shown here.

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