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Paint spray booths and NFPA 33 editions

Summary A paint spray booth supplier asked if equipment meeting NFPA 33-1989 complied with OSHA rules. OSHA said its rule had incorporated the 1969 edition and would treat compliance with the 1989 edition as a de minimis violation, which would not appear in a citation.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1995-08-03
Date issued
August 3, 1995
Status
Active
Status last verified October 9, 2026
Topics
Workplace Safety OSHA 1910 Spray Finishing Fire Safety
Source
View the official document

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About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

August 3, 1995

Mr. John E. Sloop
President
Advanced Air Technologies, Inc.
[Recipient address omitted]
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

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