Liaoning Province, Explosives Safety Management

Original Language Title: 辽宁省民用爆炸物品安全管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256430.shtml

Liaoning province, explosives safety management (January 6, 2010 Liaoning province 11th session Government 33rd times Executive Conference considered through January 17, 2010 Liaoning Province Government makes No. 243, announced since February 20, 2010 up purposes) first article to strengthening civilian explosion items of security management, guarantees citizens life, and property security and public security, according to People's Republic of China safety method, and State civilian explosion items Security Management Ordinance (following referred to Ordinance), legal, and regulations, combined I province actual

    And these measures are formulated. Second approach applies to the province within the administrative area of civil explosives of production, sale, purchase, import, export, transport, blasting operations of sale, purchase and storage, as well as ammonium nitrate.

    Otherwise provided by laws and regulations, from its provisions.

    Third civil explosives safety management, following the principle of safety first, prevention first and comprehensive treatment. Article fourth economic and information technology departments in charge of the province's civil explosives production and sales of security supervision and management.

    Cities and counties (including County-level cities and districts, the same below) people of civil explosives safety regulatory agency responsible for the administration of civil explosives production and sales of security supervision and management.

    Provincial, municipal and County civil explosives within the public security authorities responsible for the administration of public security management and the purchase and transportation of civil explosives, blasting safety supervision and management, monitor flow of explosives.

    Supervision and administration of production safety, railway, transportation, industry and commerce, civil aviation authorities in accordance with provisions of laws and administrative regulations, responsible for civil explosive materials on safety supervision and management work.

    Fifth civil explosive materials in the production, sale, purchase, transportation and blasting units (hereinafter referred to as Commission civil explosives business unit) shall establish safety management systems, safety responsibility system, formulating safety measures and accident emergency plan and exercises on a regular basis and revised and perfected.

    Civil explosives business unit primarily responsible for the unit's full responsibility to the safety management of civil explosives; other heads of civil explosives safety management within the scope of their respective duties accountable. Sixth encourages and supports civil explosives safety management of scientific and technological research and explosives safety management the promotion and application of advanced technology, improve the level of safety management of civil explosives.

    Encourage the development of civil explosives production, distribution, blasting operations integrated business model.

    Seventh article civilian explosion items production enterprise, and sales enterprise and blasting job units should law established, and sound civilian explosion items Taiwan account system, and out storage check system and registration system, and according to provides of time truthfully will this units production, and sales, and purchase, and transport, and store, and using civilian explosion items of varieties, and number and flows information respectively entered national and province civilian explosion items information management system.

    Article eighth civil explosives safety supervision and management departments and their staff shall not participate in explosives production and business activities.

    Nineth establishment of civil explosives enterprises should follow the principles of overall planning, rational distribution.

    Province, economic and information technology departments in accordance with State industrial development plan of civil explosives, developing explosives for industrial development plan in the province.

    Tenth article applies to engage in the production of civil explosives enterprises shall, in accordance with relevant provisions of the Ordinance of the 12th, 13th, national defense industrial authority to apply to the State of the civil explosive materials production license and safety production license, and to the local administration for industry and Commerce for registration, may engage in explosives production. Identification of safety needs organizing expert on-site verification and shall inform the applicant in writing.

    On-site verification may not exceed 2nd, on-site verification does not calculate time required during the review period.

    Civil explosives production enterprise shall, within the 3rd after the industrial and commercial registration, to the local county public security organ for the record.

    11th civil explosives enterprises shall, in accordance with relevant regulations of the State, warning marks, registration marks to the explosives, detonator. 12th civil explosives enterprises shall set up and perfect the product inspection system, equipped with the necessary product testing equipment and instruments.

    Encourage enterprises to adopt international quality management system, production safety, high performance, explosives that meet user needs. 13th test or trial of civil explosives, must be carried out in a specialized field or specialized laboratories.

    Special venues or special testing rooms must have a corresponding explosion-proof, fire-fighting equipment and emergency facilities, in line with the enterprise's safety management procedures of commercial blasting materials.

    Prohibition of tests in the workshop or warehouse or manufacture explosives.

    During the trial period, prohibition of the production or storage of explosives. Article 14th engaged in sales of civil explosives enterprises, should provide economic and information technology department application, feasibility study report and be able to demonstrate compliance with the regulations relating to the conditions of article 18th of materials.

    Province, economic and information technology departments shall from the date of acceptance of the application review according to law in the 30th, meet the requirements, issued by the sales of civil explosives license; does not meet the criteria, and not be issued to, inform the applicant in writing and state the reason in writing.

    Sales of civil explosives enterprises holding explosives sales license to the local industrial and commercial administrative departments for industry and commerce registration, may be sold explosives for civilian use.

    Civil explosives sales Enterprise shall, within the 3rd after the industrial and commercial registration, to the local county public security organ for the record. 15th explosives sales license is valid for 3 years. Has expired, the sales of civil explosives enterprises continue to engage in sales activities of civil explosives shall, before the expiration of 3 months replacement to the original issuing authorities within the application.

    Original licensing authority should be licensed under the Ordinance before the expiry review of the conditions of article 18th, qualify, and issue a new certificate does not meet the criteria, does not issue a new card, inform the applicant in writing and state the reason in writing.

    16th article of the civil explosive substances sales permit within the validity period, sales of civil explosives business name, legal representative, registration types, such as content changes, should be to the local industrial and commercial administrative departments shall register such changes, by the issuing authority, audit and issue a new card. Sales, storage capacity is changed, shall, before the change in the 30th to the provincial economy and information technology department change requests.

    Upon examination, the conditions of article 18th in line with the regulations, handling change; does not meet the criteria, does not issue a new card, inform the applicant in writing and state the reason in writing.

    17th sale civil explosives enterprises shall explosives and ammonium nitrate within 3rd day of consideration, will sell the variety, quantity, purchase units to the provincial economy and information technology departments and County public security authorities at their place for the record.

    Purchase units of civil explosives shall, within 3rd day of consideration of civil explosives, variety, quantity purchased to the local county public security organ for the record.

    Purchase units of civil explosives shall examine each other's production license for the explosives or explosives sales license and agent identification, number of varieties, and in accordance with the license purchase.

    18th transport explosives, receiving units shall apply to arrive in County public security organs handling of the explosives transportation permits.

    Transport of explosives should be carrying the explosives transportation permits, in accordance with license the variety, number and route.

    Road transport of explosives, must comply with the relevant provisions of the Ordinance.

    Article 19th handling explosives, must comply with the following provisions:

    (A) handling set up alert to prohibit unrelated persons to enter and be witnessed;

    (B) shall not be mixed with other goods, not to bring Fireworks or fire;

    (C) detonators and other detonating material shall not at the same place for loading and unloading of explosives;

    (D) the loading and unloading stations should stay away from densely populated areas, and in accordance with the provisions of Hung or installed in accordance with the national standard of inflammable or explosive hazardous goods warning signs;

    (V) shall not exceed high, wide and overload;

    (Vi) when loading and unloading of explosives with a crane, a hanging weight should not exceed device capacity 50%;

    (VII) layered loading shall not stand in the lower boxes (bags) loaded on another layer, or nitroglycerine explosives detonator layered loading of two storeys;

    (VIII) must comply with the other provisions.

    20th civil explosives arrive destination, upon acceptance of the receiving unit should be of the civil explosives transportation permits received endorsements on time, variety and quantity, by purchasers, transport operators, supercargo, custodians jointly signed and in the transport of explosives within the 3rd returned to the issuing authority of the permit application. Article 21st units engaged in blasting operations, should apply to the municipal public security authorities at their place, and provide evidence to prove that their compliance with the regulations relating to the conditions of article 31st of materials.

    Public security organs accepting the application shall within 20th as the acceptance of the application for review, meet the requirements, issue a blasting unit license; does not meet the conditions, not be issued to, inform the applicant in writing and state the reason in writing. 22nd article of any units or individuals found, picking up free primary explosives, should be immediately reported to the local public security organ.

    Public security authorities after receiving the report, shall be immediately deployed to the scene to verify, for disposal.

    23rd building, rebuilding a small repository of civil explosives up to the Serie b (b) above engineering qualifications, and civilian explosive materials, ammunition, explosives, and other related professional experience in the design of the unit design.

    Repository construction, reconstruction of commercial explosives before going live, the local public security organs shall, in accordance with the relevant provisions of organizational acceptance.
24th dedicated warehouse storing explosives shall designate a management, 24-hour care, caregivers for each shift shall be not less than 2.

    Warehouse management should understand the performance of civil explosives, master knowledge of fire prevention and explosion, familiar with the safety management regulations and certified upon examination.

    25th article has civilian explosion items security supervision management duties of sector should by its duties Division Law on civilian explosion items practitioners 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 for rectification supervision; major illegal, and violations problem and major accident hidden, should law immediately take forced measures and to this level Government and superior supervision management sector report.

    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 civil explosives safety rules and regulations;

    (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.

    Article 26th 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) checks into civil explosives business unit, gather relevant materials, and inquire relevant entities and persons.

    (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 the provisions of these measures made the decision on administrative penalty.

    (C) the accident found in the inspection, shall be ordered to immediately remove; excluding major accident potential, or exclude safety cannot be guaranteed in the process, shall order the withdrawal of workers from hazardous areas shall be ordered to suspend operation or to stop; after major accident hazards to exclude, after reviewing the agreement to resume production, marketing and use.

    (D) other functions and powers prescribed by laws and regulations.

    27th departments responsible for the supervision and management of civilian explosives safety and reporting system should be established, public telephone, mail or e-mail to receive reports on safety management of civil explosives; complaint Department, it should be investigated immediately and the informer confidential.

    28th civil explosives business unit in violation of the rules by civil explosives safety supervision and management departments in accordance with the regulations and other relevant laws, rules, and regulations will be punished.

    29th civil explosives safety supervision and management departments and staff of the relevant departments of any of the following acts shall be given administrative sanctions; suspected of constituting a crime, transferred to judicial organs for criminal responsibility:

    (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 dereliction of duty, abuse of power, favoritism. 30th article this way come into force on February 20, 2010.