The employing entity shall:

1. (1) purchase, provide, and maintain a complete self-contained breathing apparatus for each on duty fire protection personnel who 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 at least monthly, inspections of respiratory protection equipment are conducted and 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. The SCBA shall be cleaned and returned to service;
4. (4) ensure that compressed breathing air from any source, including but not limited to transferred air from vendor cylinders to other cylinders, fire department air compressors, cascade systems and private sources, that is used to fill the cylinders of a self-contained breathing apparatus complies with the minimum standards of the National Fire Protection Association for air quality testing of compressed breathing air and identified in NFPA 1500, 1992 edition, Standard on Fire Department Occupational Safety and Health Program:
5. (5) ensure that at least every six months, samples of the air used to fill the cylinders of self-contained breathing apparatus are tested by a testing laboratory which currently holds accreditation to test breathing air from a nationally recognized accrediting organization. Air samples shall be taken directly from the point where self-contained breathing apparatus cylinders are connected for filling. If a fill station has more than one port where a self-contained breathing apparatus cylinder can be attached and if only one sample is taken from the fill station, then the sample shall be taken from the port that ensures that all components of the fill station are tested. It is "recommended" that the air used to fill cylinders of self- contained breathing apparatus be tested at least every three months.
6. (6) 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;
7. (7) 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;
8. (8) maintain and provide upon request by the commission, a departmental standard operating procedure regarding the use of self-contained breathing apparatus; and
9. (9) ensure that at least annually, the facepiece, 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.

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.