The employing entity shall:
  (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) 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;
    (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;
    (B) an entity may continue to use a self-contained
breathing apparatus in use or contracted for before a change in the
National Fire Protection Association standard, 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) develop an air quality program that complies with
the most recent edition of the NFPA 1989 Standard on Breathing Air
Quality for Emergency Services Respiratory Protection;
  (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) maintain and provide upon request by the commission,
a departmental standard operating procedure regarding the use of self-contained
breathing apparatus; and
  (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 the most recent edition of the NFPA 1852 Standard on Selection,
Care, and Maintenance of Open-Circuit Self-Contained Breathing Apparatus
(SCBA).


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; amended to be effective August 17, 2008, 33 TexReg 6604; amended to be effective June 12, 2013, 38 TexReg 3653