Lead Safe Housing Rule (LSHR) Toolkit

De Minimis

To be exempt from safe work practices, the area of deteriorated paint in an interior room cannot exceed a total of two square feet or ten percent of a component with a small surface area, such as interior windowsills, baseboards and trim. In other words, both thresholds apply at all times. For example, living room baseboards with three square feet of deteriorated paint cannot be exempted on the grounds that the three square feet constitutes less than ten percent of the component. Similarly, deteriorated paint of an area of less than two square feet is not considered below the de minimis level if the area exceeds ten percent of a small component, such as a windowsill. See Interpretive Guidance R17.