Harbin City And Fireworks Safety Management

Original Language Title: 哈尔滨市经营和燃放烟花爆竹安全管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368223.shtml

Harbin city and fireworks safety management

    (December 21, 2011 Harbin municipal people's Government Executive session of the 88th through December 30, 2011 the Harbin municipal people's Government announced come into force on the date of promulgation, order No. 240) Chapter I General provisions

    First in order to strengthen the management and discharge of fireworks and firecrackers safety management, accident prevention, reduce environmental pollution and protection of persons, property and public security, in accordance with the fireworks safety regulations and other laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies within the administrative area of the city management and safe management of fireworks.

Article city work safety supervision and management departments (hereinafter referred to as safety supervision Department) is responsible for the city's Fireworks business security management, municipal Public Security Bureau is responsible for safety of fireworks set off in the city administration.

District and County (City) of safety supervision Department is responsible for the Fireworks business security management within their respective jurisdictions.

District and County (City) public security departments are responsible for the safety of fireworks set off in the area of management.

Subdistrict offices and township people's Government shall assist the administrative departments concerned, operating within their respective jurisdictions and fireworks safety management.

    Industry and commerce, quality and technical supervision, urban management, transport, environmental protection and other administrative departments shall, in accordance with their respective responsibilities, responsible for operations and discharge of fireworks and firecrackers safety management related work.

    Fourth safety supervision departments should be in conjunction with the public security, industry and commerce, quality and technical supervision, urban management, transport, environmental protection and other administrative departments, establish a fireworks safety management coordination mechanisms.

Fifth of municipal and County (City) departments, street and town people's Governments shall be strengthening laws, rules and regulations on Fireworks publicity.

    Radio, television, newspapers and other news media, should be fireworks-related laws, rules and regulations of the media publicity. Sixth article of any unit and individual have the right to safety and public security administrative departments operating violations, set off fireworks and firecrackers.

    Verified, gives awards to relevant administrative departments shall, in accordance with the relevant provisions.

    Chapter II business security management

    Seventh district/County (City) of safety supervision departments shall, in conjunction with the public security, urban management and related street or township people's Government, in accordance with unified planning, rational distribution of total control, security, principles, prepare Fireworks layout planning of wholesale and retail outlets.

    Prohibited by article eighth in crowded, flammable, explosive, important buildings, residential areas, as well as the municipal, district and County (City) people's Governments of other places and locales Fireworks retail outlets.

Nineth Fireworks wholesale companies (hereinafter referred to as wholesale business), shall, in accordance with the relevant provisions of national and provincial, after Fireworks wholesale license obtained, before engaging in the Fireworks business.

    Fireworks year round retail business operators (hereinafter year round retail operators) and Fireworks and a temporary retail business operators (hereinafter referred to as the temporary retail operator) shall be subject to local districts and counties (cities) safety supervision Department examination, made Fireworks after a retail license, before engaging in the Fireworks business.

Tenth annual retail business operators shall meet the following conditions: (I) Director, security managers and sales personnel for Fireworks expertise training and safety supervision Department examinations;

(B) implement store or counter-operation, designated personnel responsible for security management;

(C) the premises independent area of not less than ten square meters of housing, compliance with fire safety requirements, lighting and so on electric equipment explosion protection measures;

(D) with the necessary fire-fighting equipment, posted the obvious security warning signs;

(E) place of business no other fireworks within 50 meters premises;

(F) establishing responsibility and safety management systems;

    (VII) other conditions stipulated by laws and regulations.

11th annual retail operator application Fireworks retail license, shall provide the following material, and to ensure a real and effective:

(A) Fireworks retail license application form (one original and three copies);

(B) the owner, security managers and sales personnel security credentials or training certificates;

(C) the sale and the security management system of job responsibility, purchase and sale and storage of fireworks and firecrackers management systems; (iv) the site title or lease documentation;

(E) the description and sketch of the premises perimeter security conditions;

(F) premises are equipped with the necessary list of fire-fighting equipment listing and posting of warning signs;

    (VII) other materials stipulated by laws and regulations.

12th temporary retail business operators shall meet the following requirements:

(A) employees shall not less than two persons, training qualified by the safety supervision Department, (ii) place of business carrying out the open stand operation;

(C) with the necessary fire-fighting equipment;

(D) the establishment of a safety management system;

    (V) other conditions stipulated by laws and regulations.

13th temporary retail operator application Fireworks retail license, shall provide the following material, and to ensure a real and effective:

(A) Fireworks retail license application form (in duplicate);

(B) managers and sales personnel identity and security credentials or training certificates;

(C) fireworks safety management systems; (d) the premises are equipped with the necessary fire equipment inventory;

(E) the description and sketch of the premises perimeter security conditions;

    (F) the laws, regulations and other materials.

    14th temporary retail operation of fireworks requires urban roads, should be in accordance with the provisions of the temporary road and approval procedures.

    Retail operators have multiple Fireworks section 15th of the same place of business, each place of business shall be obtained Fireworks business (retail) license. 16th wholesale companies, retail operators made Fireworks all year round business license, valid for two years. After the expiration, and wholesale businesses need to continue wholesale Fireworks, an application shall be in accordance with the relevant provisions of national and provincial wholesale license.

Year-round retail operator shall, within three months before the expiry of the location of district or County (City) of safety supervision departments to reapply for a retail license.

    Temporary retail operators made Fireworks retail business license is valid for the year December 23 until the next Lunar lunar calendar, has expired, and shall be annulled.

Article 17th wholesale business, year round retail operators change unit name, registered address and scope of business license of the owner, shall, within ten working days from the date of the change, the original issuing of safety supervision departments to apply for Fireworks license change procedures.

    District and County (City) of safety supervision Department shall receive within ten working days from the date on which the change request review; to meet the requirements, the Fireworks business license renewal and to recover the original Fireworks license.

    Article 18th safety supervision departments shall regularly publicize the wholesale business and retail operators lists all the year round.

    Article 19th wholesale business shall not be in this city, set within the built-up area of the town Fireworks wholesale physical locations.

Article 20th wholesale Fireworks retail enterprises shall have qualifications operators (hereinafter referred to as retail operators) supply of fireworks, retail dealer shall provide a qualified purchasing Fireworks wholesale enterprises, and sign a purchase contract.

    Wholesale business, retail business operators shall not purchase or sell illegal production and management of fireworks and Fireworks that do not meet the quality standards.

Article 21st wholesale business, retail business operators shall follow the permitted operating time, place and scope of business operations.

    Retail managers should operate in premises prominently hang Fireworks (retail) permit temporary retail operators should also be hoisted signs produced by the safety supervision Department.

22nd retail operation of fireworks, storage capacity shall be in conformity with the following provisions:

(A) the retail operation of Fireworks all year round, and establishments around the fire separation greater than 12 m of less than 24 metres, allowing for 30 boxes of fireworks; around the fire separation is greater than 24 metres, allows for 50 boxes of fireworks and firecrackers.

    (B) temporary retail operation of fireworks, allowing for 30 boxes of fireworks.

    23rd wholesale enterprises should be responsible for the buy-back, recycling or provide site storage of retail operators in the business license expire after sale of fireworks.

    Article 24th wholesale and retail operation of Fireworks all year round enterprises, shall be paid in accordance with the relevant provisions of national and provincial safety production risk mortgage or insurance against liability for safety risks.

    Chapter III discharge of security management

25th article of the municipality's administrative area, range or discharge of fireworks is prohibited in the following locations:

(A) cultural relics protection units and within the scope of legal protection;

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

(C) flammable and explosive goods production, operation, storage units and within the scope of legal protection;

(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;

(VII) shops, restaurants, theaters, stadiums, parks and other public places, pedestrian streets, squares;

(H) the pedestrian, pedestrian bridge and underpass entrance and other crowded places;

(IX) the roofs, balconies, Windows, stairs, corridor;

    (J) the municipal, district and County (City) other location or extent of the people's Government.

26th article of the city within the built-up area, ban on setting off fireworks outside the location or scope of other regions, at the following times and setting off fireworks within the approved time, other time prohibited the discharge:

    (A) lunar calendar December 23 runs from the Lunar period, except for lunar new year's Eve at six o'clock every day until 24 o'clock, (ii) lunar new year's Eve, 0 o'clock until 24 o'clock. 

    27th prohibits the discharge of clean gun, Cannon, throwing guns, paper hand grenades and a single dose of more than 30 grams of fireworks.
28th fireworks should pay attention to their personal safety and property security, respect for others and the right to work, live, study and rest, and shall not be any of the following acts:

(A) pedestrians, vehicles, buildings, throwing Fireworks;

(B) in the high-rise buildings and structures, suspension, hanging Fireworks;

    (C) Fireworks affect traffic order.

    Article 29th held within the administrative area of the city Fireworks and other large fireworks activities, shall be approved by the municipal or County (City) Public Security Department, held in a specified area and time.

30th organizing large fireworks Fireworks and other activities, the organizers shall apply in accordance with the following provisions:

(A) discharge levels as grade I, grade II, apply to the municipal public security Department;

    (B) set off for the three-level and four-level, five-level, the discharge location is located in district and County (City) public security departments to apply.

31st Fireworks party applications as well as other large fireworks activities, should provide the following materials:

(A) holding fireworks as well as other large fireworks display, the time, location, description, activities, nature, scale;

(B) Fireworks type, specification and quantity descriptions;

(C) the discharge of operational programmes;

(D) the discharge operation units, operators meet the requirements of the certificate;

(E) commissioned by the provincial public security Department assessment security assessment reports issued by the Agency.

    Public security departments shall, within ten working days from the date of acceptance of the application, to review the submitted materials, to meet the conditions, issuing a Fireworks license; does not meet the criteria, it shall explain the reasons.

    The fourth chapter legal liability

Article 32nd city, district and County (City) safety and public security administrative departments and their staff, operations and discharge of fireworks and firecrackers safety management responsibilities seriously; violations of these rules, any of the following circumstances, its leadership and persons directly responsible shall be given administrative sanctions:

(A) is not in accordance with the provisions of approved, set off fireworks and operation activities;

(B) is not announced to the public on a regular basis to wholesale business and retail operators lists all the year round;

(C) violation is found or received for violations complaints or reports not be investigated and prosecuted or ineffective;

(D) used his position to seek illegitimate interests;

    (E) other acts of abuse of authority, dereliction of duty or engages in.

    33rd article violates these rules, Fireworks operators without obtaining the business license fireworks operation of fireworks by the municipal or district/County (City) of safety supervision Department, ordered to stop the illegal business activities, a fine of 20,000 yuan and 100,000 yuan fine, and confiscation of illegal goods and illegal proceeds.

    34th in violation of this regulation, retail operators do not follow the permitted operating time, location and scope of business activity, from district and County (City) safety supervision Department in accordance with administrative rights, rectification; fails to mend, year round retail operators fined 5,000 yuan and 10,000 yuan fine, the temporary retail operators fined 1000 Yuan and 3,000 yuan fine.

35th in violation of this regulation, retail operators have one of the following, by the district or County (City) rectification safety supervision Department in accordance with the administrative rights; it fails to mend, fined a maximum of more than 1000 Yuan 2000:

(A) not in accordance with the regulations on flying Fireworks retail business license;

    (B) temporary retail operators failing to hang signs produced by the safety supervision Department.

    36th in violation of this regulation, operators of retail fireworks storage capacity exceeds the allotted storage amount, from district and County (City) safety supervision Department in accordance with administrative rights, rectification, and more than 10,000 yuan for year round retail operators fined a maximum of 20,000 yuan, the temporary retail operator sentenced to between 3,000 yuan and 5,000 yuan fine; the circumstances are serious, revoke its business license.

    37th article violates these rules, and wholesale businesses failing to repurchase, provide a forum for recycling or storage of fireworks, rectification by the municipal work safety supervision departments, and a fine of 10,000 yuan and 30,000 yuan fine.

38th article violates these rules, setting one of the following acts, by city or district or County (City) public security departments ordered to stop the discharge, remaining Fireworks confiscated and fined a maximum of 100 Yuan and 500 Yuan for individuals, the unit shall be fined 1000 Yuan fine:

(A) set off to clean the guns, Cannon, throwing guns, paper hand grenades and a single dose of more than 30 grams of fireworks;

(B) pedestrians, vehicles, buildings, throwing Fireworks;

(C) suspension, hanging in the high-rise buildings, structures of fireworks;

    (D) the Fireworks affect traffic order.

    39th in violation of other provisions of this approach by the relevant administrative department in accordance with the fireworks safety regulations and other relevant provisions.

    The fifth chapter by-laws 40th article this way since January 10, 2012. The Harbin municipal people's Government on January 30, 1999 limit Fireworks regulations repealed simultaneously.