Implementation Measures For The Fireworks License For Production And Enterprise Safety In Production

Original Language Title: 烟花爆竹生产企业安全生产许可证实施办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201209/20120900371820.shtml

Implementation measures for the Fireworks license for production and enterprise safety in production

    (Released July 1, 2012 the State administration of work safety, the 54th since August 1, 2012) Chapter I General provisions

    First in order to access to Fireworks production safety conditions, regulate the fireworks safety production license issuance and management, in accordance with the regulations on the safety production license, the fireworks safety management regulations and other laws and administrative regulations, these measures are formulated.

    Fireworks manufacturers in these measures in article (hereinafter enterprise) was established according to law and business business license or Enterprise name pre-approval document for industry and commerce, enterprises engaged in Fireworks production.

Enterprises shall, in accordance with article III of the regulations make Fireworks Safety production license (hereinafter referred to as the safety production license).

    Without safety production license, and shall not engage in Fireworks production.

    Fourth safety production license issuance and management work of enterprise applications, first-level certification, the principle of jurisdictional supervision.

Article fifth State administration of production safety supervision and management is responsible for guidance, oversee the issuance and management of work of national safety production license and safety production license number. 

    The provinces, autonomous regions and municipalities, work safety supervision and management departments in accordance with the national unification, is responsible for the issuance and administration of work safety licenses within their own administrative areas.

    Chapter II requirements for application for safety production license

Sixth establishment of enterprises should be in line with State industrial policies and planning of local industrial structure, enterprise's site shall conform to the local urban and rural planning.

    Enterprise and the surrounding buildings, facilities safety distance must comply with the provisions of national standards and industry standards.

Article seventh enterprise infrastructure projects above the county level shall, in accordance with the relevant provisions of the people's Government or relevant authorities and comply with the following conditions:

(A) construction project designed by b above military projectiles, explosives, explosive materials engineering category engineering qualification or organic chemical in chemical, petrochemical and pharmaceutical industries, refined petroleum, petroleum product processing engineering qualification units of type design;

    (B) the project is designed to meet the Fireworks design safety specification (GB50161) requirements, in accordance with the designs of safety facilities review and acceptance.

Article eighth of factory buildings and warehouses and other infrastructure facilities, production equipment, production processes, as well as fire, explosion, lightning, anti-static safety equipment must be in conformity with the Fireworks design safety specification (GB50161), the fireworks safety technical regulation (GB11652), national standards, industry standards requirements.

    Shell production enterprises in addition to meeting as provided in the preceding paragraph, shall meet the requirements of shell production safety conditions.

    Nineth Enterprise total drugs and finished products warehouse, drug and interim library, mechanical mixing and loading of semi-finished products workshop, drying, drying room, and other key sites should be in accordance with the fireworks and general technical requirements for enterprise security monitoring system (AQ4101) of the installed video surveillance and exception warning device, and set the obvious security warning signs.

    Article tenth production plant quantity and storage areas should be corresponding to its product variety and size.

    11th production of products, categories, levels, specifications, quality, packaging, marking should be consistent with the fireworks safety and quality (GB10631), national standards, industry standards requirements.

12th Enterprise shall set up safety management organization, staffed with full-time safety Manager, and meet the following requirements:

(A) determine the safety officer;

(B) equipped with 1% per cent of the total number of enterprises in China above and at least 2 full-time safety Manager;

    (C) equipped with 5% per cent of the total number of enterprises in China more than a part-time security officer.

13th heads of enterprises should establish and improve the main article, in charge of Directors, safety managers, departments, job responsibility system for production safety, developed following the safety rules and regulations:

(A) conformity with the fireworks safety technical regulation (GB11652) of national standards, industry standards, such as job safety rules;

(B) drug management and storage management, receiving more than (waste) treatment systems;

(C) the heads of enterprises and the naked head of medicine production line (with) systems;

(D) special operations personnel management system;

(E) the system of safety education and training of employees;

(Vi) safety inspection and troubleshooting, system of governance;

(VII) registration management system for product purchase and sales contracts and sales flow;

(VIII) new products, new drug research and development management system;

(I) the security facilities and equipment maintenance management system;

(J) the raw material purchase, inspection, storage, and usage management system;

(11) employee access (library) registration system;

(12) factory (library) the guard on duty (guarding) system;

(13) major hazards (priority hazardous areas) control management system;

(14) extraction and production costs using System;

(15) the allocation, use and management of the system of labor protection articles;

    (16) the system of control measures against occupational hazards in the workplace.

14th enterprise directors, in charge of work safety head and full-time safety manager shall be subject to specific safety training and work safety supervision and management departments to appraise qualified achieved security certificate.

Drug mixing, granulating, filtering, charge, construction administration, pressing, cutting, handling, hazardous processes and fireworks warehouse, guarded by special operations personnel, should receive professional training and examination obtain a special work permit.

    Other employees shall, in accordance with the relevant provisions of the positions of work safety education and training.

    15th Enterprise shall participate in work-related injury insurance, and pay insurance premiums for employees.

    16th Enterprise shall, in accordance with the relevant provisions of the State and use of production costs and shall not be appropriated for other purposes.

    17th enterprise must equip practitioners with national standard or industry standard labor protection articles and in accordance with the relevant provisions on employees ' occupational health examinations.

    18th Enterprise shall establish a production safety accident emergency rescue organizations, formulate contingency plans, and are equipped with emergency rescue equipment, emergency rescue personnel and the necessary equipment.

    19th Enterprise shall, in accordance with the registration of fireworks flows General specification (AQ4102) and State regulations on fireworks and flow of information management, flow management information system establishment and application of fireworks. 20th enterprise safety evaluation according to law.

    Safety assessment report should include the article sixth, seventh, eighth and Nineth and tenth, 17th, 18th, requirements of conformity assessment.

    Chapter III applications for safety production license and issuing

21st enterprise apply for safety production license shall be made to the seat of district people's Government municipal work safety supervision and management departments (hereinafter referred to as the trial authority) security review an application made, submit the following documents and materials, and its authenticity is responsible for:

(A) application for safe production license (one original and three copies);

(B) business to business license or Enterprise name pre-approval document (copy);

(C) the designs of safety facilities of construction project completion review and acceptance of the supporting documents;

(D) production management and production safety management staff of written documents;

(V) security system files (copy);

(Vi) inventory and job safety rules safety rules and regulations;

(G) the heads of the enterprises, in charge of work safety head, full-time safety Manager in the list, and security certificate (copy);

(VIII) special operations personnel of special operations to give evidence (copies) and other employee safety training certification of materials;

(I) documentation of pay industrial injury insurance premiums for the employees thereof;

(10) production costs of extraction and use of supporting documents;

    (11) safety evaluation report issued by the qualified intermediary.

    22nd new enterprise apply for safety production license, the construction project is located, within 20 working days from the date of acceptance of authority of first instance apply for security review. 23rd article trial organ received Enterprise submitted of security review application Hou, should on enterprise of established whether meet national industry policy and local industry structure planning, and enterprise of location whether meet urban and rural planning and about application file, and information whether meet requirements for preliminary review, and since received application of day up 20 a days within proposed preliminary review views (following referred to trial views), together with application file, and information together reported province, and autonomous regions, and

Municipalities work safety supervision and Management Department (hereinafter issuing authority).

    Authority of first instance reviewing process, the enterprise views of relevant conditions for local people's Governments at the county level.

Article 24th of issuing authority receives authority of first instance of the application documents, information and advice in the first instance, should be made according to the following circumstances:

(A) the application documents, materials are incomplete or do not meet the requirements, inform on the spot or within 5 working days to issue a notice of correction, correction necessary, an informed everything at once; fails to inform the, shall be accepted as of the date of receipt of the application materials;

(B) the application documents, materials complete, meet all of the requirements or according to the issuing authority requested correction material, the receipt of the application documents, materials or all the correct materials shall be from the date of the complaint.

    Licensing authority shall accept or not to accept decided to notify the applicant and the authority of first instance. After the 25th Licensing Office accepts applications, should be combined with a preliminary review opinions, organizes the concerned personnel to review the application documents and materials.

Need on-site verification, shall assign 2 or more staff to conduct on-site verification; for black powder, fuse, shell production enterprises shall be assigned 2 or more staff to conduct on-site verification.

Licensing authority shall, within 45 days from the date of acceptance issued decision whether or not to issue safety production license.
Decision issued by the issuing authority shall, within 10 working days from the date of the decision served or notify the enterprise for safety production licences; shall not be issued, it shall, within 10 working days written notice to the company and explain the reasons.

Time required for on-site verification were not included in the provisions of this article within the time limit. Copy into the 26th of safety production permit, for hanging the originals, replica is folded.

    Copy of the original and has the same legal effect.

    Change and extension of the fourth chapter safety production license

   27th enterprise safety production licence is valid within one of the following circumstances, an application shall be in accordance with the provisions of the present article 28th change safety licenses:

(A) the reconstruction or expansion of fireworks production (including storage) facilities;

(B) change the range of product categories, levels;

(C) change of enterprise principals;

    (D) change of business name.

Article 28th 27th first apply these measures shall construction projects within 20 working days from the date of final acceptance of the adoption authority of first instance where review of applications by the security and submit application for amendment of safety production license (in triplicate) and safety facilities of construction project design documents for review and acceptance.

Enterprise 27th second case applied these measures, applications should be submitted to the local authority of first instance security review and submit application for amendment of safety production license (in triplicate) and special safety assessment report (reduce product variety).

Enterprise article 27th, application for change in these measures, shall be submitted to the issuing authority, where application for amendment of safety production license (in triplicate) and Chief Security certificate (copy).

    Enterprise 27th fourth applied these measures, should be obtained after the change of the business license business or Enterprise name pre-approval within 10 working days from the date of the file to the local certification bodies application for amendment of safety production license (in triplicate) and business to business license or Enterprise name pre-approval document (copy).

Article 29th of this article 27th the first, the second situation of safety production license request, trial, certification authorities shall, in accordance with article 23rd, 24th, 25th, review the provisions of, and change.

    This way 27th article, the fourth safety production license request, request material before the issuing authority shall within 5 working days from the date of completion of the review, and go through the procedures of alteration. Article 30th safety license is valid for 3 years.

    Safety production license expiration extension is required, the Enterprise shall, before the expiry of 3 months extension formalities apply to the issuing authority.

31st Enterprise extension to the application, the following documents and information shall be submitted to the certification authority:

(A) the safety license extension application (one original and three copies);

(B) the article 21st of this approach the fourth to the 11th requirement documents and materials;

(C) achieve standardization in safety production level documentation.

    Issuing body after receipt of the application for extension shall, in accordance with the provisions of article 24th, 25th renewal.

Article 32nd enterprise safety production license validity period that meets the following conditions, on the expiry of the licence, agreed to by the original licensing authority, no longer censor, directly go through formalities for extension:

(A) strict compliance with safety laws and regulations and these rules;

(B) access to safe production license, strengthen daily safety management, and constantly improve work safety conditions, to achieve standardization in safety production for more than two;

(C) accept the issuing authority and the local Government of production safety supervision and management departments of supervision and inspection;

    (D) no production safety deaths occurred.

    Article 33rd decided to approve, change the safety license, certification authorities shall recover the original license and issue a new card.

    Supervision and administration of the fifth chapter

Article 34th safety production license issuing authority and authority of first instance should adhere to the principles of openness, fairness and justice, strictly in accordance with the administrative licensing law and regulations and these rules, reviewing, issuing safety licenses.

    Issuing authority and authority of first instance staff in safety production license review, issuance, management shall not solicit or accept corporate property, and shall not seek other improper benefits.

    Article 35th of issuing authority and local government work safety supervision and management departments should strengthen supervision and inspection of fireworks production companies and urge them in accordance with the laws, rules, regulations and national standards, industry standards for production.

    36th issuing body found by fraud, bribery or other improper means to obtain safety licenses, safety production license issued shall be dismissed.

37th article enterprise of safety production license, one of the following circumstances, issuing authority shall cancel its safety production license:

(A) the safety production license was not granting an extension of expiry;

(B) termination of fireworks production;

(C) the safety production license was revoked;

(D) the safety production license was revoked.

    Issuing authority after the cancellation of safety production license, should be in the main local media or the timely notice be written off on the Government website list of enterprise safety production license, and inform the people's Governments at the county people's Government departments and enterprises.

    Article 38th of issuing authority shall establish and improve work safety license file management system, and information technology management and on the safety production license file.

    39th issuing authority should be made once every 6 months to the public enterprise of safety production license, and, before January 15 of each year, the last annual safety licenses within the administrative area of issuing and management of the State administration of work safety.

40th enterprise safety production license, you may not rent, transfer of safety production license, Enterprise, production lines or may not be working (library) subcontract, subcontracts do not have safety conditions or qualifications of any other entity or individual shall not be shareholders independently for Fireworks production. Enterprises may not purchase Fireworks after the processing of semi-finished products from other companies selling or buying other businesses after the Fireworks finished product label affixed to the enterprise sales, semi-finished products may not be sold to other businesses of fireworks.

    Shell Shell production enterprises shall not be sold to without approval of the public security organs of discharge activity.

    41st no units or individuals for violations of the regulations on the safety production license, the fireworks safety management regulations and these rules, the provisions of the Act, entitled to production safety supervision and management departments or organs and other relevant departments.

    The sixth chapter legal liability

42nd certification bodies, organs and their staff in the first instance of any of the following acts, administrative sanctions of demotion or removal from Office constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(I) does not comply with the safety conditions stipulated by way of enterprise safety production permits issued;

(B) found that failing to obtain safety licenses without authorization in Fireworks production, is not dealt with according to law;

(C) the discovery enterprise of safety production License no longer meets the safety conditions as provided herein, is not dealt with according to law;

(D) upon receipt of a report of violations of these rules, is not processed in a timely manner;

    (E) in safe production licensing, management and supervision and inspection work, solicit or accept corporate property, to help companies cheat or to gain other improper interests.

Article 43rd, one of the following acts shall be ordered to stop or rectify illegal activities, and to a fine of up to 10,000 yuan and 30,000 Yuan:

(A) change the main name of the owner or do work for a safety license change procedures;

    (B) purchase Fireworks sales after the processing of semi-finished products from other companies, or buying other companies after the Fireworks finished product label affixed to the enterprise sales or sale of fireworks and semi-finished products to other businesses.

Article 44th of any of the following acts, withholding its safety production license according to law:

(A) the shareholders independent of fireworks production;

(B) Shell Shell production companies be sold to without approval of the public security organs of discharge activity;

(C) the reconstruction or expansion of fireworks production (including storage) facility without safety production license change procedures;

(D) greater production safety accident occurs;

(E) no longer have the conditions for safe production as provided herein.

    Enterprises first in the preceding paragraph, one of the second and third acts, and to a fine of up to 10,000 yuan and 30,000 yuan.

Article 45th enterprises, one of the following acts, revoked its safety production license:

(A) the lease and transfer of safety production license;

(B) withhold safety production license, suspend production for rectification and still does not have the conditions for safe production as provided herein.

    Enterprise before a first Act, confiscate the illegal income, and to a fine of up to 100,000 yuan and 500,000 yuan.

Article 46th enterprises, one of the following acts shall be ordered to stop production, illegal income shall be confiscated, and a fine of less than 100,000 yuan and 500,000 Yuan:

(A) without the safety in production of fireworks production licenses without authorization;

    (B) the product categories or levels range without safety production license change.

    47th enterprise safety production license, Enterprise, production line, or work (libraries) subcontract, subcontracts do not have safety conditions or other qualified entity or individual, in accordance with the People's Republic of China work safety relevant provisions of the law are punished.

    48th article of the rules of administrative punishment decided by the work safety supervision and management departments, withholding, revoking safety production permit administrative penalty decided by the issuing authority.

    The seventh chapter by-laws

    49th safe production license uniformly printed by the State administration of work safety. 50th these measures shall come into force on August 1, 2012. The State administration of work safety, the State administration of coal mine safety supervision Bureau announced on May 17, 2004 the implementation measures for the license for production and enterprise safety in production of fireworks and firecrackers repealed simultaneously.