Fireworks Safety Management Measures, Zhejiang Province, 2011 (Revised)

Original Language Title: 浙江省烟花爆竹安全管理办法(2011年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369156.shtml

Fireworks safety management measures, Zhejiang Province, 2011 (revised)

    (October 22, 2009, Zhejiang Province people's Government order No. 266, released on December 31, 2011, order No. 289 Zhejiang Province people's Government promulgated by December 31, 2011, the Zhejiang Provincial people's Government on changes of urban road management in Zhejiang Province, 14 decision to amend the regulations) Chapter I General provisions

    First in order to improve fireworks safety management, accident prevention, protect public safety and personal and property security, according to the People's Republic of China Law on production safety and the fireworks safety regulations (hereinafter referred to as the regulations), and other laws and regulations, combined with the facts of the province, these measures are formulated. Second fireworks within the administrative area of the province of production, operation, transport and discharge, these measures shall apply.

    Otherwise provided by laws and regulations, from its provisions. Article Fireworks production, operation, transport large fireworks and fireworks as well as other activities, in accordance with the provisions of the Ordinance through a permit system.

    Without permission, no unit or individual may manufacture, operation, transportation of fireworks, no fireworks as well as other large fireworks activities.

    Fourth people's Governments above the county level shall strengthen the management of fireworks safety leadership, support and urge the departments concerned to fulfill fireworks safety management responsibilities, coordination, fireworks safety in the management of major issues.

    The township (town) people's Governments (including subdistrict offices, the same below) responsible for fireworks safety management of work within their respective administrative areas.

    The village (neighborhood) committees and property management services and other organizations should coordinate with fireworks safety management related work.

    Fifth production safety supervision and administration of production safety supervision and management departments are responsible for Fireworks, to investigate and punish fireworks safety violations in production and operating activities.

    Public security departments of public security management for Fireworks, shall investigate and handle activities such as road transport, setting off fireworks and firecrackers in the illegal organization to destroy, dispose of the confiscated Fireworks disposal of waste and the production and business operation entity of fireworks.

    Quality and technology supervision, industry and commerce, finance, housing and urban-rural development, transport, entry-exit inspection and quarantine, education and comprehensive urban management enforcement and other departments in accordance with their respective responsibilities, do a fireworks safety management related work.

    Sixth Fireworks production, operation, transport companies and Fireworks, other principals of large fireworks event organizer, is responsible for the unit's safety, establish and improve the safety responsibility system, strengthen safety supervision and inspection. Article seventh all units and individuals have the right to inform the relevant Fireworks supervision and management departments to report of fireworks production, management, transportation and lighting activities illegal. The tipoff should be receiving the report for registration, processing, and will handle the reply of an informer.

    Confidential informants should be receiving the report unit.

    Article eighth of fireworks production, management and transport enterprises, as well as the setting off of fireworks, other large fireworks activities activity shall periodically to post technical training and safety practitioners and legal education. The village (neighborhood) committees, schools and other organizations and units should be strengthened civil, safe fireworks in publicity and education.

    Newspapers, radio, television, Internet and other media should do the fireworks safety management of non-profit advocacy work.

    Fireworks industry associations shall strengthen self-discipline, self service, management role to play, with the Government departments concerned and make related work.

    Nineth encourages and supports Fireworks manufacturers to improve safety and upgrade the overall level of the new processes, new formulations and new technology; encourages and supports scientific research and production companies to develop safe and environmentally friendly Fireworks alternatives.

    Fireworks manufacturers according to the industrial development plan needs changing jobs, people's Governments above the county level and their departments should support.

    Chapter II production safety Tenth Fireworks production enterprises shall, in accordance with the provisions of the Ordinance the conditions and procedures of the fireworks safety production license, the fireworks safety production license to the Department for industry and commerce registration formalities, may engage in Fireworks production.

    Fireworks manufacturers to expand production capacity for technical renovation or new construction, renovation or expansion of fireworks production site shall, in accordance with the provisions of the Ordinance of the conditions and procedures to apply for the fireworks safety production license. The fireworks safety production license is valid for 3 years. Needs to extend the license, Fireworks and firecrackers production enterprises shall on the expiry of the licence apply 3 months ago.

    Production safety supervision and management departments should be made before the expiry of the permit, or if the decision to approve the extension; fails to make a decision, considered to approve the extension.

    11th Fireworks production enterprise shall set up safety management organization, staffed with full-time safety Manager, implementation of the safety management system, emergency rescue plan, establishing production safety accident emergency rescue organizations, with the necessary emergency rescue equipment, equipment, and exercises and drills on a regular basis.

    Workers engaged in hazardous processes such as drugs, must be approved by the district's municipal work safety supervision and management departments to appraise qualified, certified. 12th Fireworks production enterprises shall strengthen the black powder, gunpowder, fire and other safety management of raw materials and semi-finished and finished products, purchasing, receiving, sales registration system established.

    Missing should be immediately reported to the local public security Department and work safety supervision and management departments.

    13th fireworks shall not have the following behavior:

    (A) containing black powder, gunpowder, fireworks fuse and other dangerous goods semi-finished products entrust other unit and personal process;

    (B) the purchased Fireworks propellant semi-finished products for further processing;

    (C) Fireworks and hazardous processes in the production process to contracting, leasing, joint ventures and other distributed processing, transfers to other units and individuals.

    14th Fireworks production enterprises shall, in accordance with national and provincial regulations, for Fireworks production, finished products and raw materials warehouse and discharge test site safety facilities and safety warning flag is set.

    Fireworks production enterprises should be printed on Fireworks packaging inflammable and explosive dangerous goods with warning signs.

    Chapter III operation safety 15th Fireworks wholesale and retail outlets, according to total control, security, the principle of reasonable layout arrangement. Layout of fireworks wholesale outlets, determined by the provincial production safety supervision and management departments.

    Fireworks layout of retail outlets, the County (city, district) production safety supervision and management departments to seek the township (town) people's Government established. Setting Fireworks retail establishments, and refueling station and other places where inflammable and explosive dangerous goods to maintain sufficient safety distance, nearest distance shall not be less than 100 m; and stations, docks, commodity trading markets, schools, kindergartens, old rooms, hospitals and crowded places such as Fireworks and other retail outlets, a safe distance shall not be less than 50 meters.

    On a safe distance from other provisions of the State, from its provisions. 16th Fireworks imposed retail shop or counter sale.

    Counters should be relatively independent, and maintain the necessary safety distance with other counters, keeping passageways clear.

    Types of fireworks and Fireworks retail outlet store and limit the number of stored, by County (city, district) production safety supervision and management departments according to the size of storage areas and security conditions in the Fireworks business (retail) upload license States that specific criteria for prescribed separately by the provincial production safety supervision and management departments.

    Fireworks retail operators is not inconsistent with the Fireworks business (retail) license containing the fireworks explosion type and limit the storage quantity of stored Fireworks.

    Article 17th Fireworks wholesale distributors and retail operators, shall, in accordance with the provisions of the Ordinance the conditions and license procedures of fireworks, Fireworks license holders into the business sector after registration, before engaging in the Fireworks business. Fireworks wholesale companies applied for the Fireworks business (wholesale) license is valid for 2 years, Fireworks retail operators applied for the Fireworks business (retail) licenses shall not exceed a maximum period of 2 years, specific terms by County (city, district) production safety supervision and management departments. Needs to extend the license, Fireworks wholesale business and retail managers should apply before the permit expires 30th.

    Production safety supervision and management departments should be made before the expiry of the permit, or if the decision to approve the extension; fails to make a decision, considered to approve the extension.

    Prohibition of lease, lend, transfer or counterfeited, forged or altered Fireworks business (wholesale) certificate, the Fireworks business (retail) license.

    18th production or operation of black gunpowder, gunpowder, fuse enterprise, may not without the fireworks safety production license of any unit or individual sales of black gunpowder, gunpowder, fuse.

    Wholesale Fireworks enterprises shall not without the Fireworks business (retail) permit operators of distribution or sale of fireworks.

    19th Fireworks wholesale trading enterprises shall have corresponding Fireworks distribution capacity van of the vehicle shall be closed and marked safety warning symbol. Fireworks operators of retail sales of fireworks and firecrackers, Fireworks wholesale should be unified distribution of business enterprises.

    Fireworks retail operators are no longer operating, Fireworks that are not sold by the distribution of wholesale Fireworks enterprises are responsible for recovery.
Article 20th Fireworks wholesale business and retail managers should strictly control the Fireworks quality goods and approved operation, supply and sale of illicit production, management and of substandard Fireworks; provisions business people's Governments above the county level shall not be prohibited the discharge of fireworks and firecrackers.

    Fireworks manufacturers, wholesale business and retail business operator shall supply, sale of fireworks is responsible for product quality; for the supply and sale of substandard Fireworks causes damage to others, shall bear the liability for damages.

    Article 21st Fireworks manufacturer and wholesale trading enterprises shall, in accordance with the relevant national standards, Fireworks for sale box paste the registration labels, adhesive labels of fireworks products, ensure the production and marketing of products and effective traceability.

    Registration under the preceding paragraph style tags and product labels in accordance with national regulations. 22nd Fireworks wholesale enterprises should use the unified purchase and sale of fireworks and firecrackers in the province contracts, and 30th days after purchase and sale contract is signed in the contract of purchase and sale under this county (municipal and district) production safety supervision and management departments.

    Counties (cities, districts) of production safety supervision and management departments reporting the purchase and sale of contracts, should be recorded.

    Article 23rd firecracker manufacturers and wholesale trading enterprises shall establish a Fireworks production, procurement, sale records, faithfully record the Fireworks product name, size, quantity, shelf life and sale, purchase and other content, and retained for 2 years for reference.

    The fourth chapter transport and discharge of security 24th via road transport of fireworks, the shipper shall, in accordance with the provisions of the Ordinance the conditions and procedures to arrive to County (municipal and district) Police Department to apply for the fireworks and road transportation license.

    By rail, waterway and air transport of fireworks, according to the railway, waterway and air transport security management-related laws and regulations, the provisions of that regulation.

    Prohibition of lease, lend, transfer or fake, counterfeit, altered the fireworks and road transportation license.

    25th via road transport of fireworks, the carrier shall comply with the People's Republic of China on road traffic safety Act and the provisions of the Ordinance, according to County (municipal and district) police departments specified time, routes, flying warning signs and take the necessary security measures. Compartments shall not be loaded Fireworks also carry other cargo and personnel. Prohibition of carrying Fireworks aboard planes, trains, cars, rail, passenger ferries and other public transport.

    Prohibiting the posting of fireworks or in shipping and mailing items carrying Fireworks.

    26th prohibits the discharge of fireworks at the following locations:

    (A) cultural relics protection units;

    (B) transport hubs such as stations, docks, airports and railway lines within the protected area;

    (C) flammable and explosive goods production and storage;

    (D) transmission and transformation facilities in protected areas;

    (E) medical institutions, kindergartens, schools, old people's home;

    (F) the forests, grasslands and other key zones;

    (G) commodity trading markets.

    Other than prescribed in the preceding paragraph, can the people's Governments above the county level shall be based on the administrative situation, determining prohibited or restricted fireworks in time, location, types and specifications.

    27th public security departments should organize the relevant units in the Ordinance and the people's Governments above the county level shall prohibit or restrict Fireworks locations marked by warning signs, warning signs and display of place and time specified is prohibited or restricted by, the relevant units and individuals shall cooperate.

    No unit or individual may disrupt, damage, setting off fireworks and warning signs.

    28th village (neighborhood) committees and property management organizations such as the adoption of the Convention, such as forms, in accordance with these procedures and relevant regulations of the people's Governments above the county level, agreed the setting off of fireworks and firecrackers in the region type, specifications and set the time, place, and setting off security alerts and preventive work.

    Article 29th unit and individual Fireworks, Fireworks have a legitimate business qualifications operators should be purchased and in accordance with the product specification requirements to store and discharge.

    Minors ' guardians of minors should be fireworks in intensive care.

    According to the national standards should be discharge of fireworks by lighting professionals, non-professional discharge of personnel shall not be set off.

    Article 30th for Fireworks and other large Fireworks events, the organizer shall, in accordance with the provisions of the Ordinance the conditions and procedures apply to the public security authorities in the appropriate handling of the Fireworks permit without the Fireworks license, no fireworks as well as other large fireworks activities.

    Fireworks companies and workers should be in accordance with the safety rules and discharge the discharge operation plan of operation.

    Supervision and administration of the fifth chapter 31st competent administrative departments of people's Governments above the county level shall set up and perfect the supervision and inspection system, strengthen Fireworks production, management, transport and discharge of supervision and inspection activities; found unsafe, obliging authorities to take effective measures to eliminate security risks.

    Supervision and inspection personnel supervision and inspection should be recorded in writing and signed, and archived for future reference.

    Supervision and administration of production safety, public security, quality and technical supervision, industrial and commercial departments should strengthen communication, coordination and exchange of information, establishment of a joint working mechanism of law enforcement, to investigate and punish Fireworks production, management, transportation, discharge and other violations in the activity.

    32nd production safety supervision and administration and public security departments in accordance with their respective responsibilities when implementing Fireworks supervision and inspection, you can take the following measures:

    (A) entering the place of business and product storage areas to conduct inspections;

    (B) the sampling inspection for product;

    (C) examine and copy relevant contracts, bills, account books and other relevant materials.

    Article 33rd Fireworks manufacturers and wholesale enterprises, renovation and expansion projects, its safety facilities must be the principal part of the project designed, built and put into production and use, the relevant administrative departments should strengthen supervision and inspection. Article 34th Fireworks manufacturers, wholesale trading enterprises shall, in accordance with the provisions of the Ordinance, to choose a qualified safety assessment safety assessment bodies.

    No unit or individual shall not specify a security agency.

    No unit or individual is allowed to Fireworks wholesale business and retail operators specified supplier.

    35th security evaluation, testing, and inspection activities of bodies and persons shall obtain a relevant qualification and eligibility, operates independently and impartially, and be responsible for the authenticity and validity of the instrument issued by, not fraud, shall not violate the provisions of free of charge.

    36th of production safety supervision and management departments, public security departments of fireworks when applications for administrative license shall be respectively the production and business operation sites and inspect fireworks safety conditions, written records to surveying the situation and make a decision within the statutory time limit. 37th Fireworks manufacturer and wholesale trading enterprises shall classify stored Fireworks, full-time guard, shall not be other than storing fireworks in fireworks storage warehouse. Fireworks storage warehouse design, layout, structure, safety distances, storage volume, method of storage shall comply with the relevant provisions of national and provincial, should set clear security warning signs around the warehouse.

    Safety supervision and management departments should strengthen supervision and inspection of the fireworks warehouse. Article 38th of confiscated Fireworks and disposal of waste and the production and business operation entity of fireworks and Fireworks expired, the relevant units and individuals shall be properly sealed, inform the public security departments, not organize the destruction, disposal.

    Public security departments should be informed within 90 days from the date of tissue destruction and disposal.

    And orphan confiscated Fireworks, its destruction, the cost of disposal by the financial burden; production and business operation entities disposing of scrap Fireworks and Fireworks expired, destroy, dispose of the costs borne by the production and business operation entity.

    The sixth chapter legal liability

    39th acts in violation of these rules, laws and regulations have legal liability provisions from its provisions.

    40th production safety supervision and administration, public security departments and their staff in violation of the rules of any of the following acts, administered by the authority in accordance with the permissions the responsible person in charge and other direct liable persons shall be given administrative sanctions:

    (A) without the implementation of administrative licensing;

    (B) illegal fees or assessed;

    (C) for Fireworks manufacturers, wholesale drug distributors specifies security evaluation body or specified for the Fireworks wholesale companies, retail dealers supply unit;

    (D) found to have violations dealt with according to law;

    (E) failing to perform their duties of supervision and inspection;

    (Vi) other acts of favoritism, abuse their powers, neglect their duties.

    41st article violates this article tenth paragraph, 17th paragraph, production, management of fireworks without a permit, the production safety supervision and Administration Department shall order to stop violations, fines of less than 20,000 yuan and 100,000 yuan, and confiscated illegal income from production and operation of fireworks as well as illegal.

    42nd Fireworks production company violates these measures article 12th, not established or does not implement the established black powder, gunpowder, fuse and other raw materials and semi-finished products and finished products buying, receiving, sale registration, by the public security department ordered corrective action and the fines of between 50,000 yuan and 10,000 yuan.

    43rd Fireworks production company violates these measures article 13th, any of the following acts, ordered by production safety supervision and management departments to correct; it fails to mend, the fines of between 50,000 yuan and 10,000 Yuan:

    (A) containing black powder, gunpowder, fireworks fuse and other dangerous goods semi-finished products entrust other unit and personal process;

    (B) purchase of fireworks and firecrackers with drugs of semi-finished products for further processing;
(C) Fireworks and hazardous processes in the production process to contracting, leasing, joint ventures, such as distributed processing, transfers to other units and individuals.

    44th Fireworks retailing operator in violation of this article 16th paragraph store Fireworks, ordered by production safety supervision and management departments to correct; it fails to mend, fined not more than RMB 500 Yuan more than 5000 Yuan. 45th article violation this approach 17th article third paragraph, and 24th article second paragraph provides, rental, and lending, and transfer Fireworks firecrackers business (wholesale) license, and Fireworks firecrackers business (retail) license and Fireworks firecrackers road transport license of, by safety supervision management sector and police sector in accordance with their duties, respectively at 1000 Yuan above 30,000 yuan following of fine; fake, and forged, and variable made Fireworks firecrackers business (wholesale) license, and Fireworks firecrackers business (retail) license and

    The Fireworks license for road transport, work safety supervision and management departments and public security departments in accordance with their respective responsibilities, the fines of between 50,000 yuan and 10,000 yuan, respectively, and seizing counterfeit, forged or altered permits.

    46th in violation of paragraph II of this article 18th, Fireworks wholesale companies operating without the fireworks (retail) permit operators of the distribution or sale of fireworks, the production safety supervision and Administration Department shall order rectification, of less than 1000 Yuan and 20,000 yuan fine.

    47th Fireworks wholesale companies, retail operators disobey 20th article, any of the following acts, punishment is given by production safety supervision and management departments in accordance with the following provisions:

    (A) the operation of fireworks outside the approved locations, a rectification; fails to mend, and 1000 Yuan and 10,000 yuan fine.

    (B) sales operating display of fireworks prohibited under the people's Governments above the county level, a rectification; fails to mend, and 1000 Yuan and 20,000 yuan fine. (Three) Fireworks firecrackers wholesale business enterprise to Fireworks firecrackers retail operators supply illegal production, and business of fireworks firecrackers of, ordered stop violations, at 20,000 yuan above 100,000 yuan following of fine, and confiscated illegal business of fireworks firecrackers and the illegal proceeds, plot serious of, revoked Fireworks firecrackers business (wholesale) license; Fireworks firecrackers retail operators sales illegal production, and business of fireworks firecrackers of, ordered stop violations, at 1000 Yuan above 5000 Yuan following of fine,

    And confiscation of illegal fireworks and illegal income, if the circumstances are serious, revoke the Fireworks business (retail) license.

    48th Fireworks manufacturer and wholesale enterprises in violation of the first paragraph of article 21st, not according to relevant standard regulations on sales of fireworks box paste the registration labels, adhesive labels of fireworks products, ordered by production safety supervision and management departments to correct; it fails to mend, of less than 1000 Yuan and 30,000 yuan fine.

    49th Fireworks wholesale enterprises that violate the provisions of this article 22nd, not using the unified purchase and sale of fireworks and firecrackers in the province contract text, or not within the time stipulated in the contract of purchase and sale under this registration, ordered by production safety supervision and management departments to correct; it fails to mend, of less than 500 Yuan and 3000 Yuan fine.

    50th Fireworks manufacturers, wholesale business in violation of these regulations article 23rd, has not established a Fireworks production, purchasing, sales records or were not retained for future reference as required, ordered by production safety supervision and management departments to correct; it fails to mend, and 1000 Yuan and 10,000 yuan fine.

    51st disobey article 26th, in place of banned Fireworks and firecrackers, Fireworks, police ordered to stop the discharge, fines of between 100 Yuan and 500 Yuan.

    Violation of paragraph II of this article 26th, set the people's Governments above the county level shall forbid or restrict the discharge type, specification of fireworks by the public security Department be ordered to stop setting off, individuals can be fined not more than between 500 Yuan and 100 Yuan, the unit of less than 2000 Yuan and 30,000 yuan fine.

    52nd in violation of paragraph II of this article 27th, fireworks set off warning signs of destruction, damage, the public security authorities shall order restitution or compensation, may be fined not more than 100 Yuan and 500 Yuan.

    53rd disobey 37th article, any of the following acts, ordered by production safety supervision and management departments to correct; it fails to mend, and 1000 Yuan and 10,000 yuan fine:

    (A) the storage of fireworks and firecrackers, not elsewhere classified;

    (B) other than storing fireworks in fireworks storage warehouse;

    (C) is not around the fireworks warehouse set up obvious security warning sign.

    54th violates the first paragraph of this article 38th, waste disposed of on fireworks and Fireworks organized destruction, disposal of expired, by the Ministry of public security departments of fireworks at the production and business operation entity of less than 2000 Yuan and 30,000 yuan fine.

    55th acts in violation of these rules, constitutes a breach of security regulations, shall be subject to administrative penalties for public security by the Police Department.

    56th in violation of these rules constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws 57th these measures come into force on January 1, 2010.