(a) A regulated entity shall:      
        (1) purchase, rent, lease, provide, and maintain a complete set of protective clothing for each fire protection person who would be exposed to hazardous conditions from fire or other emergencies or where the potential for such exposure exists. A complete set of properly fitting protective clothing shall consist of garments, including bunker coats, bunker pants, boots, gloves, helmets, and protective hoods, worn by fire protection personnel in the course of performing fire-fighting operations;       
        (2) ensure that all protective clothing complies with the minimum standards of the National Fire Protection Association suitable for the tasks the individual is expected to perform. The National Fire Protection Association standard applicable to protective clothing is the standard in effect at the time the entity contracts for new, repaired, or used protective clothing; and       
        (3) maintain, provide to the commission upon request, and comply with a departmental standard operating procedure regarding the use, selection, care, and maintenance of protective clothing which complies with                 NFPA 1851, Standard on Selection, Care, and Maintenance of Structural Fire Fighting Protective Ensembles                or its successor.       
      (b) To ensure that protective clothing for fire protection personnel continues to be suitable for assigned tasks, risk assessments must be conducted in accordance with             NFPA 1851, Standard on Selection, Care, and Maintenance of Structural Fire Fighting Protective Ensembles            or its successor .     
     Source Note:        The provisions of this §435.1 adopted to be effective November 1, 1998, 23 TexReg 10899; amended to be effective May 23, 1999, 24 TexReg 3863; amended to be effective March 8, 2001, 26 TexReg 2044; amended to be effective March 24, 2002, 27 TexReg 2242; amended to be effective March 10, 2003, 28 TexReg 2123; amended to be effective February 23, 2009, 34 TexReg 1259; amended to be effective November 2, 2011, 36 TexReg 7362; amended to be effective June 3, 2012, 37 TexReg 3861; amended to be effective June 12, 2013, 38 TexReg 3653; amended to be effective August 26, 2015, 40 TexReg 5344; amended to be effective August 2, 2018, 43 TexReg 4992; amended to be effectiveFebruary 24, 2021, 46 TexReg 1251; amended to be effective December 8, 2022, 47 TexReg 8048