Implementation Measures For Explosives Safety Management In Hebei Province

Original Language Title: 河北省民用爆炸物品安全管理实施办法

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(January 7, 2008 Hebei Province Government 93rd times Executive Conference considered through February 14, 2008 Hebei Province Government makes [2008] 4th, announced since March 1, 2008 up purposes) first article for strengthening civilian explosion items security management, prevent and reduced civilian explosion items security accident, guarantees citizens life property and public security, according to civilian explosion items Security Management Ordinance and the about legal, and regulations of provides, combined this province actual, developed this approach.
    Article within the administrative area of the province engaged in explosives production, research, sale, purchase, transportation, storage and blasting, as well as activities such as the sale and purchase of ammonium nitrate, must comply with these measures.
    Article people's Government above the county level shall strengthen leadership on the management of civil explosive materials, specifically explosives safety regulatory agencies and personnel, organizations, and urge the relevant government departments in implementing the supervision and administration of civil explosives.
    Fourth National Defense Science and technology industry sector is responsible for explosives in the province production safety supervision and management, scientific research, sales.
    Each city and County safety supervision and management is responsible for the administration of civil explosives explosives production and sales of security supervision and management.
    Fifth public security organs are responsible for public safety of civil explosives management and purchase, transportation of civil explosives, blasting safety supervision and management, monitor flow of explosives.
    Explosives safety supervision and management departments, public security, industrial and commercial administration sector and the duties, responsible for investigating the illicit production, sale, purchase, storage, transport, mail, the use of explosives.
    Supervision and administration of production safety, railway, transportation, civil aviation authorities in accordance with provisions of laws and administrative regulations, responsible for civil explosive materials on safety supervision and management work.
    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 production and sales enterprises of civil explosives and blasting units, should be accurately to the units of production, sale, purchase, transport, storage and use of explosives for the variety, quantity and flow of information in accordance with the regulations, enter the time frame of civil explosives information management system.
    Eighth article applies to engage in the production of civil explosives enterprises shall be stipulated by the State eligibility criteria and procedures apply to departments of defense industry under the State Council of the civil explosive materials production license. Nineth made the production license of civil explosives enterprises after the construction is completed, should be submitted to the provincial national defense industrial authority safety permit application.
    National Defense Industrial authority with effect from the date of acceptance in the 20th to complete the application review and the necessary conditions of safety verification, and in accordance with the regulations required the Defense Industry Department.
    Safety needs organizing expert on-site verification and shall inform the applicant in writing, on-site verification does not calculate time required during the review period.
    Article tenth of civil explosives enterprises approved by the State Council National Defense Industrial authority and marking explosives manufacturing license of safe production license, to the Administrative Department for industry and Commerce after commerce registration, production and sale of explosives.
    Civil explosives production enterprise shall, within the 3rd after the industrial and commercial registration, to the local people's Governments at the county level public security organ for the record. 11th civil explosives manufacturer _ name, registration type, change of residence, should be to the Administrative Department for industry and Commerce for registration of change, national defense industrial authority issued by the province, after State Council National Defense Industrial authority of the civil explosives manufacturing license change procedures.
    Enterprises shall consult the province before the change of the legal representative after the competent departments of the science, technology and industry for national defense, to the Administrative Department for industry and commerce in accordance with law change procedures. 12th civil explosives production permit and safety license adopt an annual inspection system.
    Manufacturer shall, before the end of March of each year annual application to provincial national defense industrial authority, the provincial national defense industrial authority review from the date of receipt of the application in the 20th. 13th meet the required conditions of civil explosives research project after the project is complete, it should be submitted to the provincial science and technology industry for national defense departments.
    Explosives research project to record, competent Department of science, technology and industry for national defense, science and technology achievement by the province, in conjunction with the project management organization reviews, technical acceptance of the outcome.
    14th of explosives production enterprises in the original production line without increasing production capacity and product varieties of local technological transformation and renewal of main equipment and marketing enterprises building, rebuilding, expansion of civil explosives storage facility, approved by the competent Department of science, technology and industry for national defense.
    15th civil explosives enterprises construction projects should be designed by a unit of explosive materials class-a professional qualification; selling enterprise storage facility construction projects should be designed by a unit of explosive materials more professional qualification b. 16th test or trial of civil explosives, must be carried out in a specialized field or specialized laboratories.
    No tests in the workshop or warehouse or manufacture explosives. To experimental production workshop or warehouse or manufacture explosives for specialized sites, should be submitted to the provincial national defense industrial authority to review before implementation.
    During the production and development, non-production and storing other explosives. Article 17th 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. 18th article application engaged in civilian explosion items sales of enterprise, should has following conditions: (a) meet civilian explosion items sales enterprise planning of requirements; (ii) meet scale business and ensure security of requirements; (three) sales places and dedicated warehouse meet national about standard and specification, security evaluation reached security level standard; (four) has corresponding qualification of security management personnel, and warehouse management personnel, and escort Member, and driver and meet provides of explosion items dedicated transport vehicles; (five) has sound of security management system, and
    Of personal responsibility.
    Article 19th engaged in sales of civil explosives enterprises shall make application to the provincial national defense industrial authority, submitted in accordance with the provisions of article 18th related materials, explosives, and districts of advice issued by the safety supervision and management departments. National Defense Industrial Authority accepting the application, the date of 30th in the review. Meet the requirements, issued by the sales of civil explosives license; does not meet the conditions, the reasons to the applicant in writing.
    Need expert on-site verification of applicant, and shall notify the applicant in writing, on-site verification time is not included in the review period. Sales of civil explosives enterprises holding explosives sales license to the Administrative Department for industry and Commerce after 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 people's Governments at the county level public security organ for the record. 20th explosives sales license valid for 3 years.
    After expiry, sales of civil explosives enterprises continue to engage in sales activities, shall, within three months before the expiry of the original certificate authorities to apply.
    Sales Enterprise shall, before the end of March each year to the province's Department of national defense science and technology industry sales permit inspection request, the provincial national defense industrial authority review from the date of receipt of the application in the 20th. 21st civil explosives sales company name, registration type, change of residence, should go after the Administrative Department for industry and Commerce for registration of change, national defense industrial authority, the sale of civil explosives license change procedures.
    Enterprises shall consult the province before the change of the legal representative national defense industrial authority. Sales, storage capacity is changed, shall, before the change in the 30th, submit change requests to the provincial national defense industrial authority.
    Reviewed in accordance with the conditions, handling procedures.
    22nd sales enterprises of civil explosives and ammonium nitrate shall within 3rd day of consideration of civil explosives, sales type, quantity, purchase units to the provincial science and technology industry for national defense departments and the people's Governments at the county public security organ for the record.
    23rd purchased explosives unit shall examine each other's production license for the explosives or explosives sales license and agent identification, and strictly according to license type, quantity purchased.
    Purchase units of civil explosives shall, within 3rd day of consideration of civil explosives, variety, quantity purchased to the local people's Governments at the county level public security organ for the record.
    24th explosives production and sales enterprises storing explosives, shall be deposited in special warehouses for production, determined by the marketing authorisation within the stockpiling explosives for blasting units, shall be deposited in a blasting permit to determine special warehouse. 25th article store civilian explosion items should comply with following provides: (a) established sound warehouse security management system, post security responsibility system; (ii) deposited and issued civilian explosion items must for registration, do accounts clear, account real match; (three) warehouse management personnel should understand civilian explosion items of performance, master fire, and explosion-proof, knowledge, familiar warehouse of security management provides; (four) store of civilian explosion items number shall not over store design capacity, On nature phase conflict of civilian explosion items must points library store, is strictly prohibited in warehouse within store other has nothing to do items; (five) civilian explosion items dedicated warehouse should specified hand management, and care, is strictly prohibited has nothing to do personnel into warehouse district within, is strictly prohibited in warehouse district within smoking and with fire, is strictly prohibited put other easy caused burning, and explosion of items with into warehouse district within, is strictly prohibited in warehouse within accommodation and for other activities;

    (F) the loss, theft or robbery of civil explosives, should be immediately reported to the local public security organ; (VII) are prohibited in explosives production and sales enterprises taking items out of the box in the warehouse.
    26th transport explosives, receiving units shall apply to arrive to the county public security authorities of the civil explosives transportation permits.
    27th transport explosives must be carrying the explosives transportation permit strictly according to license type, quantity and provided route.
    Vehicles transporting explosives shall comply with the relevant national special vehicle safety and technical standards and safety requirements. 28th article enterprise production need for blasting job of, should to location County Government police organ proposed application, by set district of City Government police organ review qualified Hou, issued blasting job units license; across set district city for blasting job of units, should to location set district of City Government police organ proposed application, by province police organ review qualified Hou, issued blasting job units license; engaged in business sex blasting job of,
    Should apply to the District of the municipal public security authorities at their place, qualified by the provincial public security authority license issued by the blasting operation, and by the industrial and commercial registration, parties may engage in blasting operations.
    Article 29th blasting blasting operations of units shall, according to their level of qualifications to undertake, demolition workers should press its qualification level engaged in blasting operations.
    Blasting operations in the administrative regions of the province outside the province engaged in blasting operations, should the blasting project in advance the circumstances to report blasting the local people's Governments at the county level public security organs and blasting operations as required by public security organs. Article 30th deterioration of civil explosives and expired, shall be cleared in a timely manner, and be destroyed. Before the destruction, should register and proposed destruction of programme implementation. Spoilage and expired explosives for sale links, should be submitted to the provincial national defense industrial authority organization supervised the destruction.
    Use metamorphic, transport links and expired should be reported to people's Governments at the county public security organization supervise the destruction.
    31st civil explosives production and sales enterprises in charge, security managers should national defense science and technology industry by the province authorities after passing the examination, before serving. Blasting operations chief after passing the examination shall be approved by the provincial public security authorities before they can serve.
    Blasting operations personnel should be qualified by the District of the municipal public security authorities, after obtaining the blasting operators license, before engaging in the blasting operation.
    Article 32nd in explosives production areas, testing, destruction and dedicated warehouse outside a safe distance shall not construct buildings and other facilities have been building, instructing relevant departments as required by the local government.
    National and provincial key projects that special reasons such as absolutely necessary to the construction of buildings or other facilities, the construction unit shall, in accordance with relevant provisions of national and provincial approval, and bear the costs of relocation.
    33rd article civilian explosion items security supervision management sector, and police organ, and business administration sector of staff has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) not law handle administrative license of; (ii) not law perform civilian explosion items security supervision management duties or supervision management poor, caused serious consequences of; (three) has other abuse, and engages in, and negligence behavior of.
    34th article violation this approach 11th article, and 16th article second paragraph, and 31st article first paragraph provides of, by province defense technology industrial competent sector ordered deadline corrected; late not corrected of, has illegal proceeds of, sentenced illegal proceeds 1 time times above three times times following fine; no illegal proceeds or illegal proceeds cannot calculation of, at 3,000 yuan above 10,000 yuan following fine; plot serious of, ordered discontinued closed reorganization; constitute crime of, law held criminal.
    35th violates the provisions of the second paragraph of this article 31st, ordered by public security organs to correct; it fails, fined a maximum of more than 2000 Yuan and 5,000 yuan in serious cases, to order the rectification.
    Article 36th hindering civil explosives safety management staff to perform their duties according to law by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
    37th article of the civil explosives safety regulations and other laws and regulations on the management of civilian explosives safety administrative penalty otherwise provided, in accordance with its provisions.
                                                                                                      38th article of the rules take effect on March 1, 2008.