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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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(May 17, 2004 the State administration of work safety, the State administration of coal mine safety supervision Bureau 11th release come into force on the date of promulgation) Chapter I General provisions article strictly regulate the Fireworks production safety conditions, Fireworks and firecrackers production management of enterprise safety production license issued, in accordance with the regulations on safety production license and relevant laws, administrative regulations, formulate measures for its implementation.
Fireworks production enterprises must, in accordance with article II of the implementing regulations make safety production license.
    Without safety production license, may not engage in production activities.
    Third issue management work of enterprise for safe production license application, first-level certification, the principle of jurisdictional supervision.
Article fourth State production safety supervision and management departments to guide and supervise the national Fireworks production and enterprise safety in production permit issuance and management.
    Safety supervision and management departments of provinces, autonomous regions and municipalities (hereinafter referred to as safety production license issuing authority) is responsible for the administrative license for production and enterprise safety in production of fireworks and firecrackers in issuing and managing. Second chapter safety conditions fifth article Fireworks firecrackers production enterprise should established, and sound main head, and is in charge of head, and safety management personnel, and functions sector, and post safety accountability; developed following security management system and operation: (a) security target management system, and security rewards and punishments system, and security check system, and security technology measures approval system; (ii) accident hidden rectification system, and security facilities equipment management system, and practitioners security education training system, and hot job management system, and
    Security safeguard system, major hazard detection monitoring and safety assessment system, protective equipment (a) management system, as well as purchases of raw materials, auxiliary materials, testing, use and storage system, (iii) occupational health management systems; (iv) consistent with the fireworks safety technical regulation (GB11652) requirements for safe operation.
    Sixth Fireworks production enterprise shall meet the safety requirements of safety investment.
    Seventh Fireworks production production management the enterprise should be staffed with full-time safety Manager, and meet the following requirements: (a) determine the safety officer, (ii) equipped with a 1% per cent of the total number of enterprises in China above and at least 1 full-time safety Manager; (c) is equipped with a considerable number of part-time production safety management staff.
Eighth Fireworks production enterprises mainly directors, safety knowledge and management capacity of managers shall be subject to examination.
Fireworks drug mixing, granulating, filtering, charging, building drug, drugs, cutting processes of special operations personnel shall receive Fireworks expertise training and assessment made the operation qualification certificate.
    Other posts in China to come to this job knowledge education and training and the examination.
    Nineth Fireworks production enterprise shall participate in work-related injury insurance, pay a fee for work-related injury insurance for the employees thereof.
Tenth Article Fireworks firecrackers production enterprise production facilities should meet following conditions: (a) has and production scale, and products varieties phase adapted and meet safety requirements of production plant and store warehouse; (ii) production plant, and store warehouse, and discharge test field of both inside and outside Department security distance, and plant layout, and building structure, and production process layout, and security evacuation conditions, and fire facilities and explosion-proof, and anti-mine, and anti-electrostatic, security facilities meet Fireworks firecrackers factory design Security specification (GB50161) of requirements;
(Three) dangerous goods production district and Office District (living quarters), and has fire district and fire district, and production workshop and warehouse (transit library or mailroom), and dangerous process and general process should separation; (four) shall not change factory design programme provides of plant, and warehouse of function and uses; (five) a, level buildings should has security protection barrier; (six) A2 level buildings should single single building using; (seven) A3 level buildings should single studios using, and each building while job personnel of number shall not over 2 people; (Eight) c level buildings of per capita area shall not less than 3.5 square meters; (nine) Studio by provides of uses for identifies; (10) production plant and warehouse of around due corresponding of fire isolation measures; (11) production regional due obviously of security warning logo or warning slogans, dangerous process site should firm posted security management system and operation; (12) has guarantee security production and products quality of equipment, and instrument and process equipment; (13) for processing drug or and drug contact of equipment should meet Fireworks firecrackers labor security technology procedures (GB11652) of requirements; (14) electrical equipment and the mechanical processing equipment in the of electrical part should meet Fireworks firecrackers factory design Security specification (GB50161) of requirements; (15) mechanical manufacturing containing high chlorate salt fire line of each building Studio within shall not over 2 Taiwan unit, manufacturing nitrate fire line of each building Studio within shall not over 4 Taiwan unit, unit between should with real wall isolation, each building Studio ratings 1 people, other process (as mechanical made grain, and mixed, and
    Pressure, build direct mechanical process, such as the drug procedure) every room shall not be more than 1 unit (16) special equipment should be regularly inspected and in compliance with the relevant laws and regulations, national standards and industry standards under conditions (17) non-electrical installations in hazardous areas to set up temporary.
    11th article Fireworks firecrackers factory design and site, and plant, and store warehouse, facilities of design and mapping should meet following conditions: (a) by has corresponding qualification of professional institutions bear design and mapping work; (ii) professional institutions provides of file, and drawings, and technology information, should meet national about legal, and regulations and national standard, and industry standard of requirements; (three) design drawings and Mapping drawings due design units, and mapping units and design personnel, and technicians and audit units and the audit people of signed chapter.
    12th Fireworks manufacturer plant perimeter security protection zone shall conform to the relevant regulations of the State.
    13th Fireworks production enterprise occupational hazards prevention shall take the following measures: (a) for employees are equipped with national standard or industry standard labor protection articles; (b) to detect major hazards, assessment, monitoring measures; (c) for regular health checks of employees; (iv) in the security zone established independent operators in the dressing room.
    14th Fireworks production enterprise shall conduct safety evaluations.
    15th Fireworks production enterprise shall set up a production safety accident emergency rescue organizations, developing emergency, equipped with emergency rescue equipment and emergency rescue personnel and the necessary equipment.
    16th Fireworks production enterprises shall comply with the safety rules for the design of the fireworks factory (GB50161), the fireworks safety technical regulation (GB11652), the fireworks safety and quality (GB10631), the code for fire protection design of buildings and the design of building lightning protection, such as the national standards, industry standards under other conditions.
Third chapter security production license of application and issued 17th article Fireworks firecrackers production enterprise application received security production license, should submitted following application file, and information, and on its authenticity is responsible for: (a) security production license applications (a type three copies); (ii) various security production (copy pieces); (three) security regulations and operation directory listing; (four) main head, and safety management personnel assessment qualified of proved material;
    (Five) special job personnel made operation qualification certificate of proved material, practitioners safety education and training qualified of proved material; (six) for practitioners paid injury premium of proved material; (seven) special equipment detection, and test qualified proved material (copy pieces); (eight) has qualification of intermediary institutions issued of security evaluation report; (nine) factory design drawings; (10) Ministry of public security door Fireworks firecrackers production enterprise factory around security distance of audit views.
18th article security production license issued management organ on Fireworks firecrackers production enterprise submitted of applications and the file, and information, should according to following provides respectively processing: (a) application matters not belongs to this organ terms range of, should rates issued not accepted of written voucher, and told applicants to corresponding of security production license issued management organ application; (ii) application material exists can spot corrections of errors of, should allows or requirements applicants spot corrections, and rates issued accepted of written voucher;
    (Three) application material not complete or not meet requirements of, should spot or in 5 a days within written once told applicants need correction of all content, late not told of, since received application material of day up that for accepted; (four) application material complete, and meet requirements or according to requirements all correction of, since received application material or all correction material of day up for accepted.
    An application has been accepted by the 19th, licensing agency for issue and administration of production safety shall with the consent of the local Government of production safety supervision and administration of enterprises manufacturing Fireworks and firecrackers sectors or other relevant departments agreed, assigning personnel to review application materials and work safety conditions; need to review, to the site should be reviewed.
20th related personnel should be responsible for reviewing articles submitted to the Security Agency for issue and administration of production license review.
Licensing Agency for issue and administration of production safety review comments by the persons concerned should be discussed, and accepting the application within 45 business days from the date of issuing or not issuing safety licenses decisions.
    Decisions issued by licensing agency for issue and administration of production safety shall, within 10 working days from the date of the decision served or notified the applicant the safety license; shall not be issued, shall notify the applicant in writing and state the reasons in writing within 10 working days.
    21st, upon examination in accordance with the measures for the implementation of provisions of the Licensing Agency for issue and administration of production safety shall provide the Fireworks manufacturer issuing safety licenses. 22nd fireworks safety production permits valid for a period of 3 years. Safety production license expiry delay, Fireworks and firecrackers production enterprise shall be in safety production licence before the expiry of 3 months to the safety production license issued by the management authorities for extension.

    23rd article Fireworks firecrackers production enterprise in security production license validity within meet following conditions of, in security production license validity expires Shi, by original security production license issued management organ agreed, no longer review, directly handle extension procedures: (a) strictly comply with about safety of legal regulations and this implementation approach; (ii) made security production license Hou, strengthening daily safety management, not reduced safety conditions;
    (C) the safety production license issued by the management authorities and the local Government of the supervision and inspection of production safety supervision and management departments, and (iv) no fatalities occurred.
Article 24th Fireworks manufacturer in safety production licence is valid within one of the following circumstances shall apply to the Agency for issue and administration of safe production licenses to change safety licenses: (a) change the primary owner, (ii) change of affiliation, (iii) change of business name; (d) construction, reconstruction and expansion projects by acceptance.
Change the first paragraph of this section (a), (b), (c), since the business license application within 10 working days from the date of change; change the first paragraph of this section (d), should be in construction, reconstruction and expansion projects made within 10 working days after acceptance of the application.
    Application change this article first paragraph subsection (a) items of, should provides change Hou of business license copy and main head assessment qualified proved material; change this article first paragraph subsection (ii), and (three) items of, provides change Hou of business license copy; change this article first paragraph subsection (four) items of, should submitted and construction project related of file, and information.
Has been accepted by the 25th the first paragraph of article 24th of this implementation approach (a), (b), (c) the requested change, safe production licensing authority in the applicant's file, data review, can receive a safety license change procedures.
    Has accepted the first paragraph of article 24th of this implementation approach (iv) change requests, licensing agency for issue and administration of production safety shall, in accordance with the measures for the implementation of 19th, 20 and 21 the provisions of safety production license change procedures.
    Article 26th decided to approve, change the safety license, licensing agency for issue and administration of production safety shall recover the original safety production license, renew safe production license.
27th Fireworks production copy into the enterprise safety in production permit, have the same legal effect, for hanging the originals, replica is folded.
Fireworks production and enterprise safety production license by the State production safety supervision and administration departments unified printed and numbered.
    Fireworks production and enterprise safety in production permit application, review books, extension application form, application for amendment by the State production safety supervision and administration departments unified format.
    Supervision article 28th of the fourth chapter safety production license has been completed and put into operation of fireworks and firecrackers production enterprises apply for safety production permit, shall make to ensure safety; do not meet the safety requirements, corrective action should be carried out and to establish security measures; by rectification does not have the conditions for safe production, not for production.
    29th Fireworks production enterprises shall not be transferred, used, buy, sell, lease, lend, or use falsified safety production license.
30th Agency for issue and administration of safe production licenses should be open, fair and impartial principle, strictly in accordance with the provisions of these measures for the implementation of the review, issuing safety licenses.
    Staff of the Licensing Agency for issue and administration of production safety in safety production license issuance, management, and supervision and inspection work shall not ask for or accept a Fireworks manufacturer's property, shall not seek other interests.
    31st article security production license issued management organ found has following case one of of, should revoked has issued of security production license: (a) beyond terms issued security production license of; (ii) violation this implementation approach provides of program issued security production license of; (three) not has this implementation approach provides of safety conditions issued security production license of; (four) to cheat, and bribery, not due means made security production license of.
    Article 32nd Fireworks manufacturers for safety production license of any of the following circumstances, licensing agency for issue and administration of production safety shall cancel its safety production license: (a) the end of fireworks production; (b) the safety production license was revoked, and (iii) the safety production license was revoked.
    Article 33rd Fireworks manufacturers to hide relevant information or provides false information to apply for safety production license, licensing agency for issue and administration of production safety was inadmissible, the enterprise may not apply again for a safety license in one year.
    34th district of city and County work safety supervision and management departments to obtain safety licenses within their respective administrative areas of fireworks production businesses of daily supervision and inspection, and will monitor safety problems discovered in the inspection reports licensing authority.
    35th Security Agency for issue and administration of production license once every 6 months to the public access to safe production license of fireworks production businesses.
    36th safe production licensing agency for issue and administration of fireworks should be issued license for production and enterprise safety in production management information circular Fireworks manufacturing enterprises above the county level and their production safety supervision and management departments of the local people.
    37th Agency for issue and administration of safe production licenses shall strengthen the Fireworks license for production and enterprise safety production supervision and management, establish and perfect the Fireworks license for production and enterprise safety in production management systems.
    Article 38th of provinces, autonomous regions and municipalities work safety supervision and management departments should be before January 15 of each year, within the administrative area of the annual license for production and enterprise safety in production of fireworks and firecrackers on issuing and management of production safety supervision and management departments of the State Council.
    39th supervisory authorities in accordance with the provisions of the administrative supervision law of the people's Republic, on safety production license issued by administrative organs and their staff carry out the safety production license regulations and the measures for its implementation responsibilities under the monitor.
    40th article of any units or individuals for violations of the regulations on the safety production license and the measures for the implementation of the provisions of, and right to safe production licensing management or a supervisory authority and other relevant departments.
Fifth chapter penalty is 41st article security production license issued management organ and staff has following behavior one of of, give downgraded or dismissed of administrative sanctions; constitute crime of, law held criminal: (a) to not meet this implementation approach provides of safety conditions of fireworks firecrackers production enterprise issued security production license of; (ii) found Fireworks firecrackers production enterprise not law made security production license unauthorized engaged in production activities, not law processing of;
    (Three) found made security production license of fireworks firecrackers enterprise no longer has this implementation approach provides of safety conditions, not law processing of; (four) received on violation this implementation approach provides behavior of reported Hou, not timely processing of; (five) in security production license issued, and management and supervision check work in the, obtained or accept Fireworks firecrackers production enterprise of property, or seek other interests of. 42nd article bear security evaluation, and detection, and test work of institutions, issued false proved, constitute crime of, in accordance with criminal about provides held criminal; is enough criminal punishment of, confiscated illegal proceeds, illegal proceeds in 5000 Yuan above of, and at illegal proceeds twice times above 5 times times following of fine, no illegal proceeds or illegal proceeds insufficient 5000 Yuan of, single at or and at 5000 Yuan above 20,000 yuan following of fine,
Directly responsible to the charge and the other persons of less than 5000 Yuan and 50,000 yuan fine causing damage to his staff, and Fireworks production company bear joint and several liability.
    For organizations where there are violations of the preceding paragraph, revoke the corresponding qualifications.
    Article 43rd Fireworks manufacturers for safety production license of any of the following acts, withholding its safety production license and rectification: (a) the major accident, (ii) these regulations are no longer meets the conditions for safe production.
Article 44th Fireworks manufacturers for safety production license of any of the following acts, its safety production license revoked: (a) sell, lease, lend or in any other form of illegal transfer of safety production license, (ii) provide false supporting documents or other fraudulent means, access to safe production license;
    (C) withhold safety production license fails to rectify it or these regulations are no longer meets the conditions for safe production.
    45th article Fireworks firecrackers production enterprise has following behavior one of of, ordered stop production, confiscated illegal proceeds, and at 100,000 yuan above 500,000 yuan following of fine; caused major accident or other serious consequences, constitute crime of, law held criminal: (a) not made security production license, unauthorized for Fireworks firecrackers production of; (ii) accept transfer of security production license of; (three) take with security production license of; (four) using forged security production license of.
    Article 46th Fireworks manufacturer in safety production licence expires without renewal, continued production, shall be ordered to stop production, made the deadline extension, confiscate the illegal gains and fines of between 50,000 yuan and 100,000 yuan limit; still go through formalities for extension, to continue production, punished in accordance with the provisions of article 45th. 47th Fireworks production enterprises during the period of safety production license, lead author, affiliation, name changes, not according to the measures for the implementation of rules, change procedures, ordered to go through the procedures of alteration, and a fine of between 10,000 yuan and 30,000 yuan.

Fireworks production businesses, renovation and expansion projects have been accepted and implemented in accordance with this Regulation apply, go through the procedures of alteration unauthorized production, shall be ordered to stop production, deadlines apply for change, and a fine of between 10,000 yuan and 30,000 yuan; late still does not change the handling, to continue production, in accordance with the provisions of article 45th.
    48th Fireworks production enterprises safety production license, confiscate the illegal income, and to a fine of up to 100,000 yuan and 500,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
    49th article security production license Ordinance purposes Qian has for production of fireworks firecrackers production enterprise, should in January 13, 2005 Qian, according to this implementation approach of provides to security production license issued management organ application handle security production license; late not handle security production license or by review not meet this implementation approach of provides, not made security production license continues to for production of, in accordance with this approach 45th article of provides punishment.
Implementation measures for the sixth chapter supplementary articles article 50th the meanings of the following terms: Fireworks, refers to the smoke of gunpowder as raw materials, after production of the product.
    Fireworks manufacturers, refers to the production of fireworks, firecrackers and Fireworks, pyrotechnic Division line of firecracker products businesses.
    51st the safety license regulations and the measures for the implementation of administrative punishments, and safety production license issued by administrative bodies. 52nd these measures come into force on the date of promulgation.