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) develop an air quality program that complies with NFPA 1989 Standard on Breathing Air Quality for Fire and Emergency Services Respiratory Protection (2003 edition);
4. (4) maintain and supply upon request by the Commission, records and reports documenting compliance with Commission requirements concerning self-contained breathing apparatus and breathing air. Records of all tests shall be made and the records shall be retained for a period of no less than three years;
5. (5) maintain, and provide upon request by the Commission, a departmental standard operating procedure regarding the use of self-contained breathing apparatus; and
6. (6) maintain, and provide upon request by the Commission, a department standard operating procedure regarding the selection, care, and maintenance of self-contained breathing apparatus that complies with NFPA 1852 Standard on Selection, Care, and Maintenance of Open-Circuit Self-Contained Breathing Apparatus (SCBA) 2002 Edition.

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; amended to be effective November 8, 2005, 30 TexReg 7238; amended to be effective November 28, 2007, 32 TexReg 8531.