In Henan Province, The Measures For The Implementation Of Safety Management Of Civil Explosives Ordinance

Original Language Title: 河南省《民用爆炸物品安全管理条例》实施办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399321.shtml

In Henan province, the measures for the implementation of safety management of civil explosives Ordinance

    (January 10, 2014 21st Executive meeting of the Henan Provincial Government on January 23, 2014 161th promulgated by the people's Government of Henan province as of March 1, 2014) first to strengthen safety management of civil explosives, explosion prevention, guarantee citizens ' life and property safety and public security, in accordance with the safety regulations of civil explosives (hereinafter referred to as the regulations) and the facts of the province, these measures are formulated.

II explosives within the administrative area of the province's production, sale, purchase, transportation, storage and blasting operations and the sale and purchase of ammonium nitrate, these measures shall apply.

    The import and export of civil explosives in accordance with the relevant provisions of the State.

Article explosives of the production, sale, purchase, transportation and blasting the law through a permit system.

Without permission, no unit or individual may manufacture, sale, purchase, transportation of civil explosives shall not be engaged in blasting operations.

    Is strictly prohibited to transfer, lend, lend, pledge, gift, possession or illegal possession of explosives. Fourth provincial national defense industrial authority was provincial civil explosives management, responsible for the provincial safety supervision and management of production and sales of civil explosives.

Cities and counties (cities) shall determine the administrations responsible for the administration of civil explosives explosives production and sales of security supervision and management.

Public security departments are responsible for the public safety of civil explosives management and purchase, transportation of civil explosives, blasting safety supervision and management, monitor flow of explosives.

    Work safety, administration for industry and commerce, transportation and other sectors in accordance with the laws, regulations and rules of conduct of civil explosives safety supervision and administration. Article fifth province, explosives management and provincial public security departments should make adjustments in the province of civil explosives industry development plan.

Establishment of civil explosives production and sales enterprises and blasting operations shall comply with the explosives industry development plan.

    Province, explosives management and provincial public security departments should establish and improve the credit evaluation system of civil explosives industry.

    Sixth civil explosive materials in the production, sale, purchase, transportation and blasting units are in charge of the explosives safety management responsibility, with overall responsibility for the units of civil explosives safety management.

    Article seventh applies to engage in the production of civil explosives enterprises shall, in accordance with the provisions of the Ordinance, apply to the State Council Administrative Department of civil explosives explosives production license and safety production license.

    Eighth production of civil explosives enterprises should be strictly in accordance with the explosives manufacturing license approved varieties and yield for production, production should strictly implement the safety provisions of the technical regulations. Nineth explosives production enterprise shall set up and perfect product inspection system, ensure the quality of civil explosive materials in conformity with the relevant standards.

Packaging of civil explosive materials shall comply with the laws, administrative regulations and the relevant standards.

    Civil explosives manufacturers warned of civil explosives should be identified, registered mark, the detonator.

Article tenth engaged in sales of civil explosives enterprises shall, in accordance with the provisions of the Ordinance, to the provincial authorities of civil explosives explosives license.

    Provincial Management Department shall accept the application of civil explosives within 30th day of review and the sales of the applicant places and private warehouses and other facilities be inspected to meet the requirements, issued by the sales of civil explosives license; does not meet the conditions, not be issued to the sale of civil explosives license, a written justification to the applicant. 11th explosives sales license is valid for 3 years.

    Expires, the companies continue to engage in sales activities of civil explosives, shall expire 30th to the provincial Administration Department of civil explosives for licence applications.

12th within the validity of the sale of civil explosives license, registration of Enterprise name, legal representative, type of content changes, enterprises shall handle the registration of change after review by the provincial administration of civil explosives recertification. Sales, storage capacity changes, should be changed in the 30th before changing to the province of civil explosives management application.

    Upon review, qualify, handle change; does not meet the criteria, no recertification, notify the applicant in writing and state the reasons.

13th civil explosives unit to buy explosives shall maintain public safety and reduce the risk to law from producing or selling of civil explosives enterprises purchased and in accordance with the provisions of the Ordinance apply to the County Public Security Bureau license.

Public Security Department for accepting applications shall, from the date of acceptance of the application to review the relevant material submitted within the 5th, to meet the conditions and issuance of the explosives purchased license; does not meet the conditions, not be issued to an explosives purchase license, a written justification to the applicant.

    The explosives purchased license shall set forth the license purchased variety, number and term of validity of the license purchase. 14th of explosives production enterprises with the explosives manufacturing license can buy their raw material for civilian explosives, sales of the company's explosives.

Civil explosives enterprises sold the production of explosives, shall not exceed the approved varieties, yield. Sales of civil explosives enterprises with sales of civil explosives licence, explosives manufacturers to buy explosives.

Explosives for use by explosives purchased license to buy explosives, Attn proof of identity should be provided.

    Sales of civil explosives enterprises shall examine the provisions of the preceding paragraph of the license and agent identification; the purchase of civil explosives license purchased, shall, in accordance with the license type, quantity sales.

15th for sale, purchase explosives, should be conducted through the bank account transactions, you may not use transactions in cash or kind.

    Sales of civil explosives enterprises should purchase license, bank account transfer certificate, certified copy of agent for 2 years for reference.

16th sales of civil explosives enterprises shall within 3rd day of consideration of civil explosives, sales type, quantity and purchase units to the provincial management of civil explosive materials sector and the people's Governments at the County Public Security Department.

    Buy explosives unit shall from the date of transaction of civil explosives within 3rd purchase of variety and quantity of the people's Governments at the County Police Department.

Article 17th enterprise engaged in the transport of explosives shall be in accordance with the relevant provisions of the State Transportation Department to apply for the transport of dangerous goods-related qualifications, use comply with the relevant national technical standards for the safety and security requirements of special transport vehicles, drivers and supercargo should be qualified through training and acquired qualification certificate issued by the Department of transportation.

    Transportation departments shall, in accordance with the licensee's implementation of special vehicles, equipment verification, to meet the special vehicle license conditions of the allotment of the road transport certificates, and noted in the scope column of the road transport permits for dangerous goods category, or name. 18th transport explosives, receiving unit shall, in accordance with the provisions of the Ordinance, apply to arrive to the County Public Security Department explosives transportation permits.

Public Security Department for accepting applications shall, from the date of acceptance of the application to review the relevant material submitted within the 3rd, meet the requirements, issue explosives transportation permit does not meet the criteria, and not be issued of the civil explosives transportation permits, written to explain to the applicant the reasons.

    The explosives transportation permits shall specify the receiving units and sales enterprises, carriers, disposable transport duration, starting location, transportation routes, stopping places, the variety and quantity of the explosives.

19th via road transport of explosives, shall comply with the following requirements:

(A) carrying the explosives transportation permit

(B) in accordance with the license of the civil explosives transportation permits, the number of transport;

(C) explosives loaded in accordance with the relevant national standards and norms, the car may not be manned within;

(D) transport safety technical condition of vehicles shall conform to the relevant safety and technical standards required of the State, and in accordance with the provisions of Hung or installed in accordance with the national standard of inflammable or explosive hazardous goods warning signs;

(E) transport vehicles of civil explosives shall keep a safe speed;

(F) in accordance with the route, stopping on the way should be guarded and away from buildings and populated places shall not be licensed locations outside the Park;

(VII) in accordance with the safety operation regulations for handling explosives, and set the alert at the loading site, prohibiting staff from entering;

    (H) the hazardous condition immediately to take the necessary emergency measures, and to report to the local public security department.

    20th civil explosives arrive destination, consignee inspection should be carried out on the back of the civil explosives transportation permits endorsements and in transport of explosives within the 3rd returned to the issuing authority of the permit application.

21st prohibits carrying explosives on public transport or access to public places.

    Prohibiting the posting of explosives for civilian use, prohibition of the consigned goods, luggage, parcels, mail carrying explosives.

22nd application units engaged in blasting operations shall be in accordance with the regulations and the provisions of the public security department under the State Council, blasting unit license application to the police.

Noncommercial blasting unit blasting unit license by blasting units issued by the provincial people's Government, where the public security departments, commercial blasting operations unit of the blasting operation license issued by the provincial public security department.
Public Security Department for accepting applications shall, from the date of acceptance of the application to review the relevant material submitted within the 20th, meet the requirements, issue a blasting unit license; does not meet the conditions, not be issued a blasting license, a written justification to the applicant.

    23rd a blasting license is valid for 3 years.

    Has expired, the need to continue blasting, blasting unit shall, at the expiry of 30th to the public security authorities in the original licensing application for replacement.

24th blasting units shall in accordance with their level of qualifications to undertake a blasting project, demolition workers shall, according to their level of qualification engaged in blasting operations. Blasting operations shall faithfully recorded receiving and issuing of civil explosives variety, quantity, number, and receive, the issuer's name, and its consistency with civilian explosives information system. Recipients of civil explosive materials shall not exceed the amount of duty.

    Blasting units shall receive, the granting of the original records of civil explosives stored for 2 years for reference. 25th noncommercial blasting unit engaged in blasting operations only within the licensed area. Commercial blasting blasting operations of units shall, in accordance with their scope of practice to undertake, or for illegal production activities of blasting operations.

Shall not undertake the blasting project subcontracting, shall be made for this unit or blasting project interested units to undertake security assessments, security management, be allowed to also undertake the same blasting project design and construction, security assessment and security management.

Blasting units across the province engaged in blasting operations, shall first blasting operation projects related to blasting people's Governments at the County Public Security Department report.

    Prohibition of blasting unit sales and sales in disguised form of civil explosives, blasting units will be referred to the service of civil explosives are forbidden without blasting. 26th cities, scenic areas and important engineering facility near the blasting operation shall, in accordance with the regulations and provisions of the public security department under the State Council, applied to the blasting local provincial security authorities blasting project permission.

Public security organs accepting the application shall, from the date of acceptance of the application to review the relevant material submitted within the 20th, meet the requirements, approval decision does not meet the criteria, approved a decision, to the applicant in writing and state the reasons.

    The blasting of the implementation of the provisions of the preceding paragraph, before submitting your application should be carried out by qualified blasting unit safety assessment; implementation of operations should be carried out by a qualified safety supervision management, organized by the blasting operation where the public security departments are responsible for the implementation of security alert.

    Article 27th blasting operation shall comply with the relevant standards and norms of the State, from a safe distance outside arrangements set up warning signs and alert personnel, preventing staff from entering; blasting operation shall, without delay after the end checking, remove undetonated explosives.

28th blasting unit when you are no longer using explosives, remaining civil explosives should be inventoried, organized and supervised the destruction of people's Governments at the county public security departments.

    Discovery, picking up free primary explosives, shall immediately report to the local public security department. 29th civil explosive materials should be stored in compliance with national standards and norms require special warehouse for explosives.

Number of civil explosives storage approved shall not exceed the storage capacity. Units engaged in blasting operations, renovation of small explosives special warehouse put into use before, organized by the local public security department acceptance.

Special warehouse for explosives after completion of the public security, organized by the public security authorities in accordance with the provisions and acceptance. Temporary storage of explosives at the blasting site, temporary storage should comply with the relevant national standards, and set up by professionals, care.

Remaining explosives in blast work in the day should be the day of return shall not be stored overnight at the blasting site. Civil blasting materials management Department and the Ministry of public security departments of civil explosives confiscated should be promptly destroyed.

    Civil blasting materials management Department and the public security departments shall not be confiscated explosives stored in explosives production and sales Enterprise warehouse.

Article 30th deterioration of civil explosives, expired or surplus, are no longer in use, production and sale of civil explosives enterprises and blasting operations should be cleared up, register and proposed destruction of programme implementation.

    Production and sales of civil explosives enterprises destroyed explosives, organized by the provincial civil blasting materials management department supervised the destruction; destruction of explosives blasting units, organized by the people's Governments at the County Public Security Department supervised the destruction.

    31st article civilian explosion items production enterprise of safety management personnel, and professional technicians, and production post personnel, civilian explosion items sales enterprise of security management personnel, and warehouse management personnel and blasting job units of blasting job personnel, and security management personnel, and warehouse management personnel should according to national provides made corresponding of qualification, and shall not while employed Yu two a above civilian explosion items production, and sales enterprise or blasting job units.

    Article 32nd civil explosive materials is strictly prohibited production and sales enterprises and blasting operations and the personnel of altered, transferred, sold, leased, lent the explosives manufacturing license, and the sale of civil explosives license, the blasting operations license and the blasting operators license certificate. 33rd explosives production and sales enterprises and blasting units of major dangerous source registration document, conduct periodic testing, evaluation, monitoring and contingency plans, and inform practitioners and stakeholders should take emergency measures in case of emergency.

    Production and sales of civil explosives enterprises and blasting operations should be in accordance with the relevant provisions of the State units of major hazards and measures relating to safety measures and emergency work safety supervision Department and the management of civil explosive materials for filing. 34th civil explosive materials in the production, testing, destruction and dedicated warehouse outside a safe distance shall not construct buildings and other facilities have been building, as required by the relevant local people's Government departments.

    Really necessary for special reasons within the external safety distances to construction of buildings or other facilities need relocation, relocation of civil explosives production, testing, destruction, storage facilities, the construction unit shall, in accordance with relevant provisions of national and provincial compensation.

    35th civil explosives production and sales Enterprise unit shall establish a register of civil explosives and blasting operation system accurately enter information unit of civil explosives information management system. 36th article civilian explosion items management sector, and police sector and other has civilian explosion items security supervision management duties of sector should according to duties Division Law on civilian explosion items production, and sales, and purchase, and transport and blasting job units of safety work for regularly check or checks, on check out of illegal, and violations problem and accident hidden, timely proposed rectification, and processing views, and supervision rectification; on major illegal, and violations problem and major accident hidden,

It shall take immediate enforcement measures and to the local government and higher regulatory agency reports.

Checks or checks shall include the following main elements:

(A) implementation of civil explosives safety laws, rules and regulations;

(B) the development and implementation of security system of civil explosives;

(C) explosives safety management system implementation;

(D) explosives safety training for practitioners and certified;

(E) explosives safety facilities, availability of equipment;

    (Vi) other contents prescribed by laws, rules and regulations.

37th civil blasting materials management Department, the public security Department and other departments responsible for the supervision and management of civilian explosives safety when conducting supervision and inspection according to law shall exercise the following powers:

(A) enter the production of civil explosives, sale, purchase, transportation and blasting units checked, access to relevant information, to units and personnel to understand the situation.

    (Ii) the inspection found safety violations, be rectified on the spot or request correction within; should be given administrative punishments according to law, in accordance with relevant laws, administrative regulations and rules and regulations made the decision on administrative penalty.

    38th article violates these rules, laws, regulations and other provisions of the regulations on administrative penalties from its provisions.

39th article violates these rules, production and sales enterprises of civil explosives safety managers, safety managers, technicians, production staff, warehouse manager, one of the following circumstances, by the provincial administrative authority shall order rectification of civil explosives, serious or fails to rectify, and 3000 Yuan and 30,000 yuan fines:

(A) altering, transferring, trading, leasing or lending a certificate of eligibility;

    (B) while employed in two or more production and sales of civil explosives enterprises.

40th blasting unit in violation of the relevant standards and norms of blasting operations in place for any of the following circumstances, by the public security Department be ordered to desist from the illegal act or rectify, and fines of between 100,000 yuan and 500,000 yuan; fails to make corrections, shall be ordered to suspend production or business reorganization; the circumstances are serious, suspension of the blasting operation license:

(A) employ non-qualified officers for blasting blasting operations;

(B) implementation of blasting for illicit production activities;

(C) the blasting project will undertake the subcontract;

(D) to the unit or blasting project interested units to undertake security assessments, security supervision;

(E) the service object after using explosives make blasting operations;

    (Vi) non-commercial blasting operations beyond the scope of the licensed area of blasting operations.

    41st article violates these rules, blasting, blasting operations personnel to modify, transfer, buy, sell, lease, lend the blasting operation license, the blasting operators license and other permits, by the Public Security Bureau rectification and fined a maximum of 3000 Yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

42nd blasting operations personnel in violation of the relevant standards and norms of blasting in the implementation of any of the following circumstances, by the public security department ordered corrective action in serious cases, suspension of the blasting operations officer license:
(A) is not in accordance with the qualification engaged in blasting operations;

(B) during the process of blasting, blasting operations personnel, safety management or warehouse management personnel concurrently with each other;

    (C) blasting engineers blasting operations personnel, safety managers, warehouse managers simultaneously employed in two or more blasting unit.

Article 43rd explosives management, safety production supervision, public security, industrial and commercial administration, Transport Department staff have one of the following acts shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) not in accordance with the law of administrative licensing;

(B) does not perform its explosives for inadequate safety supervision and administration or supervision and management, resulting in serious consequences;

    (C) other acts of abuse, malpractice, neglect their duties. 44th article of the rules take effect on March 1, 2014.