The employing entity shall:

1. (1) purchase, provide, and maintain a complete self-contained breathing apparatus for each on duty fire protection personnel who engage in operations where IDLH atmospheres may be encountered, where the atmosphere is unknown or would be exposed to hazardous atmospheres from fire or other emergencies or where the potential for such exposure exists;

2. (2) ensure that all self-contained breathing apparatus used by fire protection personnel complies with the minimum standards of the National Fire Protection Association identified in NFPA 1981, Standard on Open-Circuit Self-contained Breathing Apparatus for Fire Fighters:

   1. (A) the National Fire Protection Association standard applicable to a self-contained breathing apparatus is the standard in effect at the time the entity contracts for new, rebuilt, or used self-contained breathing apparatus;
   2. (B) an entity may continue to use a self-contained breathing apparatus that meets the requirements of an earlier edition of NFPA 1981, unless the commission determines that the continued use of the self-contained breathing apparatus constitutes an undue risk to the wearer, in which case the commission shall order that the use be discontinued and shall set an appropriate date for compliance with the revised standard;
3. (3) ensure that an SCBA that is assigned to an individual user or in-service apparatus be inspected at the beginning of each duty period and where an SCBA is not assigned to an individual user or in-service apparatus but is available for immediate use or a duty period, the inspection shall be performed at least weekly and shall include a check of the entire unit for deteriorated components, air tightness of cylinders and valves, gauge comparison, reducing valve and bypass valve operation, and check of the regulator, exhalation valve, and low-air alarm. All other SCBA shall be inspected prior to being placed into service. The inspection shall comply with the minimum requirements of the National Fire Protection Association. The SCBA shall be clean and ready for service;
4. (4) develop an air quality program that complies with NFPA 1989 Standard on Breathing Air Quality for Fire and Emergency Services Respiratory Protection (2003 edition);
5. (5) develop procedures to ensure that all bottles used on self-contained breathing apparatus are tested as required by the manufacturer and the Department of Transportation;
6. (6) maintain and supply upon request by the commission, records and reports documenting compliance with commission requirements concerning self-contained breathing apparatus and a record of all tests shall be made and the record shall be retained for a period of no less than three years;
7. (7) maintain and provide upon request by the commission, a departmental standard operating procedure regarding the use, selection, care, and maintenance of self-contained breathing apparatus; and
8. (8) ensure that at least annually, the face piece, regulator, end of service indicator(s), hoses, and cylinder valve are tested for proper function on test equipment approved by the manufacturer. The test of the regulator shall include a flow test. This test shall be performed in a manner prescribed by the manufacturer and by personnel authorized by the manufacturer to perform such test and shall meet the minimum requirements for testing as required by the National Fire Protection Association.

Source Note:The provisions of this §435.3 adopted to be effective November 1, 1998, 23 TexReg 10899; amended to be effective May 23, 1999, 24 TexReg 3863; amended to be effective October 11, 2000, 25 TexReg 10189; amended to be effective March 24, 2002, 27 TexReg 2242; amended to be effective March 10, 2003, 28 TexReg 2123; amended to be effective November 15, 2003, 28 TexReg 9885.