Part 13. TEXAS COMMISSION ON FIRE PROTECTION
Chapter 435. FIRE FIGHTER SAFETY
The Texas Commission on Fire Protection has adopted, on an emergency basis, an amendment to §435.3, Self-contained Breathing Apparatus, relating to the standards that must be met by certain self-contained breathing apparatus required to be supplied by entities that employ firefighters. The applicable description of the standard for the self-contained breathing apparatus was not included in a previous amendment to §435.3 due to a clerical error. This rule must be amended on an emergency basis to ensure that applicable standards for self-contained breathing apparatus are published appropriately.
The purpose of the amendment is to ensure the safety of the end user in that all self-contained breathing apparatus is updated and meets the current standards in effect at the time the entity contracts for new, rebuilt or used self-contained breathing apparatus requirements of the National Fire Protection Association's.
This amendment is being adopted on an emergency basis pursuant to §2001.034(c), Texas Government Code. An identical version of this rule will be published at a later date under §2001.23 and §2001.29, Texas Government Code.
§435.3.Self-contained Breathing Apparatus.
The employing entity shall:
(1) (No change.)
(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 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) - (6) (No change.)
This agency hereby certifies that the emergency adoption has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 7, 2007.
TRD-200702295
Gary L. Warren
Executive Director
Texas Commission on Fire Protection
Effective Date: June 7, 2007
Expiration Date: October 4, 2007
For further information, please call: (512) 936-3838