OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

August 3, 1995

Mr. John E. Sloop
President
Advanced Air Technologies, Inc.
P.O. Box 5669
Statesville, North Carolina 28687

Dear Mr. Sloop:

This is in response to your July 5 letter requesting a compliance determination of your control device system used primarily in paint spray booth applications.

With regard to whether a booth which meets or exceeds all NFPA No. 33-1989 requirements comply with OSHA standards, please be advised that in addition to 29 CFR 1910.107 which covers spray booths, OSHA adopted the Standard for Spray Finishing Using Flammable and Combustible Materials, NFPA No. 33-1969, but has not yet adopted NFPA No. 33-1989.

Therefore, compliance with NFPA No. 33-1989 would be considered a de minimis violation. De minimis violations are violations of standards which have no direct or immediate relationship to safety and health and shall not be included in citations.

If we can be of any further assistance, please contact Ms. Renee Carter of my staff at (202) 219-8041, x117.

Sincerely,



Raymond E. Donnelly
Director
Office of General Industry Compliance Assistance