Implementation Measures For The Fireworks License

Original Language Title: 烟花爆竹经营许可实施办法

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Implementation measures for the Fireworks license

    (Released October 16, 2013, the State administration of work safety, the 65th since December 1, 2013) Chapter I General provisions

    First in order to regulate the fireworks safety code of the business conditions and business practices, do a Fireworks business licensing and management, strengthening the fireworks operation safety supervision and management, in accordance with the fireworks safety regulations and other laws and administrative regulations, these measures are formulated.

    Second Fireworks permit application, review, issue, supervision and management, application of this approach.

Article engaged in wholesale Fireworks enterprises (hereinafter referred to as wholesale businesses) and engaged in the retail of fireworks operators (hereinafter referred to as retail operators) should be in accordance with the regulations, he obtained the Fireworks business (wholesale) certificate (hereinafter referred to as the wholesale license) and the Fireworks business (retail) certificate (hereinafter referred to as retail license).

Enterprises engaged in the import and export of fireworks, should apply for a wholesale license in accordance with this approach.

    Without business licenses of fireworks, no entity or individual may engage in the Fireworks business activities.

Fourth Fireworks business unit points, shall, in accordance with security, unified planning, rational distribution, total control, limited competition and awarding of; for black powder, fuse and Fireworks wholesale import and export enterprises, should be in accordance with the principle of strict license conditions, strictly control the number of approval.

    Wholesale business shall not be established within the urban area of fireworks stores may not be in the wholesale (shows) centres would put drug samples; strictly control the number of fireworks in the urban built-up area retail outlets, retail outlets and fireworks shall not live site setting in the same building.

Article fifth Fireworks license issuance and management, implementation of enterprise application, grading certification and regulatory principles of territoriality.

The State administration of work safety (hereinafter referred to as the Security Administration) is responsible for guidance and supervision of the national Fireworks license issuance and management.

Safety supervision and management departments of provinces, autonomous regions and municipalities (hereinafter referred to as the provincial safety supervision Bureau) responsible for setting boundaries for wholesale enterprise distribution planning, unified wholesale license numbers to guide and supervise the business licenses of fireworks within their respective administrative areas issue and manage work.

District people's Government municipal work safety supervision and management departments (hereinafter referred to as the municipal safety supervision Bureau), according to the provincial safety supervision Bureau of the wholesale business allocation plan and number, Fireworks wholesale license within the responsible for the administration of the issuance and management of work.

    The County work safety supervision and management departments (hereinafter referred to as the County Safety Council, collectively with the municipal safety supervision Bureau of issuing authority) responsible for the Administration and retail management point planning and retail license issuance and management.

    Chapter II application for wholesale licenses and the issuance of

The sixth wholesale business shall comply with the following conditions:

(A) meet the corporate requirements;

(B) in accordance with provincial safety supervision Bureau of the wholesale business allocation plan; (C) have adapted to its size and product storage facilities. A safe distance from both inside and outside of the warehouse, warehouse layouts, building structure, evacuation routes, fire, explosion, lightning, anti-static safety facilities and electrical facilities, consistent with the Fireworks design safety specification (GB50161) and other national standards and industry standards requirements.

Storage warehouse and installed in conformity with the fireworks and general technical requirements for enterprise security monitoring system (AQ4101) provides monitoring facilities, and incorporation of the fireworks safety signs (AQ4114) provides safety warning symbols and signs;

(D) with the scale of its operations, products and marketing distribution services adapted to the regional context; (E) establishment of a responsibility system for production safety, and the safety management system, operating rules.

Security management system and operation at least including: warehouse security management system, and warehouse custody guard system, and fire explosion-proof security management system, and security checks and hidden troubleshooting governance system, and accident emergency rescue and accident report system, and sale contract management system, and products flows registration system, and products test acceptance system, and practitioners security education training system, and violations illegal behavior punishment system, and Enterprise head value (with) class system, and safety costs extraction and using system, and handling (handling) job security procedures;

(F) security management institution or full-time safety Manager; (G) the Chief, in charge of production safety for directors, safety managers with fireworks safety knowledge and business management capabilities and training examinations, obtain the appropriate credentials. Warehouse custodian and guardian for Fireworks expertise training and examinations, obtain the appropriate credentials.

Other practitioners of this unit safety training;

(H) in accordance with the registration of fireworks flows General specification (AQ4102) and relevant provisions of fireworks flows information management, establishment and application of fireworks flows information management system;

(IX) emergency rescue preparedness, emergency relief organizations, and people, and are equipped with the necessary emergency rescue equipment, equipment;

(J) safety evaluation according to law;

(11) other conditions stipulated by laws and regulations.

    Engaged in the import and export of fireworks enterprise application for a wholesale license, subject to the preceding paragraph from first to third and the conditions laid down in the fifth to the 11th.

    Seventh in black gunpowder, fuse wholesale businesses, in addition to the conditions laid down in article sixth of this approach, but should also have the necessary gunpowder, fuse safety measures, its own private transport vehicles to meet their delivery needs and in accordance with the relevant national standards.

Article eighth wholesale enterprise application for a wholesale license, shall apply to the issuing authority to submit the following documents and materials, and its authenticity is responsible for:

(A) the wholesale license application (one original and three copies);

(B) the copy of the business license or Enterprise name business advance copies of approval documents;

(C) the safety production responsibility system and files, emergency rescue plan registration file inventory, safety management systems and procedures;

(D) the Chief, in charge of production safety for directors, safety managers and storekeeper, guardian's copies of relevant certificate;

(E) with qualified design external safety distances measured in unit area and reservoir storage facility floor plans;

(F) with appropriate qualifications issued by the safety assessment report of the safety assessment, safety evaluation report includes at least the sixth article of this approach, the fourth, eighth and Nineth and seventh requirements of conformity assessment;

(G) the designs of safety facilities of construction project completion review and acceptance of the supporting documents;

(H) the enterprises engaged in the wholesale black gunpowder, fuse has its own dedicated transport vehicles and drivers, the supercargo of the relevant qualification (qualification) certificate copy;

    (I) the laws, regulations and other documents and materials.

Nineth issuing authority on the application and the documents and materials submitted by the applicant, shall, in accordance with the following provisions:

(A) application not covered by the issuing authority mandate, shall immediately make a decision inadmissible, and inform the applicant apply to the corresponding issuing authority;

(B) the application material can be changed on the spot mistakes should allow or require the applicant to be corrected on the spot, and corrections to issued immediately after admissible in written form; (C) the application documents are incomplete or do not meet the requirements, shall, on the spot or inform the applicant in writing within 5 working days required corrections in its entirety.

Fails to inform that, from the date of receipt of the application materials shall be inadmissible;

    (D) the application materials are complete and conform to the requirements or in accordance with the requirements of all corrections, from the date of receipt of all application materials or supplement materials shall be accepted. After the tenth issuing authority accepting the application, application materials should be reviewed. Need on-site verification of operating safety conditions for storage sites should be 2 or more staff are assigned a group of technicians for on-site verification. Fireworks import-export enterprises and enterprises with 1.1 warehouses should be 2 or more staff are assigned a group of technicians for on-site verification.

    Responsible for on-site verification should provide written verification.

11th a releasing authority shall accept the application within 30 working days from the date of issue or not to issue a wholesale license decisions.

Decided not to issue shall take a decision within 10 working days from the date written notice to the applicant in writing and state the reasons; the decision shall take a decision within 10 working days from the date served or notice to the applicant for the wholesale license.

    Issuing authority in the review process, the time required for on-site verification and business improvement, does not count the period as provided herein.

12th wholesale license valid for 3 years.

Wholesale license after the expiration, wholesale, intends to continue to engage in wholesale Fireworks business operations, shall, before the expiry of 3 months lodge extension request to the issuing authority, and submit the following documents and information:

(A) the wholesale license extension application (one original and three copies);

(B) article eighth of this approach to the third, fourth, fifth, eighth and provision of documents and data;

    (C) documentation of standardization in safety production standards.

    13th issuing authority after accepting the extension of the application, shall be in accordance with the measures set forth in the tenth, 11th and get the wholesale license extension procedures.

14th wholesale enterprises that meet the following criteria, agreed by the certification authority, you can no longer spot verification directly deal with wholesale licenses renewal:

(A) strict compliance with the provisions of relevant laws and regulations and these rules, operating an illegal act;

(Ii) after obtaining a wholesale license, continuing to strengthen safety management and improve work safety conditions, to achieve standardization in safety production of more than two;

(C) accept the issuing authority and the local Government of production safety supervision and management departments of supervision and inspection;

    (D) production safety accident not occurred.

15th wholesale enterprises in the wholesale license, change name, principals and registered addresses, shall, within 10 working days from the date of change changes to a license issuing authority, and submit the following documents and information:

(A) the wholesale license application for amendment (one original and three copies);

(B) after the change of corporate name Commerce pre approved file copies or copies of business license;

(C) the Chief Security copies of the certificates after the change.

    Wholesale changes its licensing business scope of the enterprise, storage addresses and storage facilities, renovation, expansion, should re-apply for licensing procedures.

    Chapter III applications for retail licenses and the issuance of

16th retail business operators shall comply with the following conditions:

(A) security supervision Bureau of the County retail management point planning;

(B) the Chief safety training, sales personnel safety education; (C) retail outlets during the Spring Festival, the city implemented long-term point of sale store sales.

Village retail outlet for a long time during the off-season to implement counter sale, arrange sales counters are relatively independent, and keeping a distance with other counters, safe passageways;

(D) the area of not less than 10 square meters of retail space, which no other fireworks within 50 meters of retail, and with schools, kindergartens, hospitals, markets and other crowded places and flammable items such as gas stations, storage facilities and other key buildings remain 100 meters above the safe distance;

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

    (Vi) other conditions stipulated by laws and regulations.

    17th retail operator application for a retail license, shall be submitted to the issuing authority, where applications, point of sale security conditions in and around notes and other material required by the issuing authority. 18th after issuing authority accepting the application, application materials and conditions of safety at retail should be on-site verification.

    Responsible for on-site verification should provide written verification. 19th a releasing authority shall, within 20 working days from the date of acceptance of the application to issue or not to issue a retail license decision and inform the applicant in writing.

    Decided not to issue, shall state the reasons in writing.

    20th retail license upload storage limit as may be prescribed by the issuing authority in accordance with national standard or industry standard provisions, combined with retail outlets in and around security conditions. 21st retail license validity period is determined by the issuing authority, maximum of 2 years.

    Retail license effective date intends to continue to engage in Fireworks and retail operations, or within the validity period change retail names, principal owner, retail establishments, and permits, should be re-apply for and obtain a retail license.

    Supervision and administration of the fourth chapter

22nd wholesale companies, retail marketers may not purchase and sale of illicit production, management of fireworks and product quality does not conform to the State standards or industrial standard Fireworks.

Wholesale enterprise is not allowed to obtain retail licenses of unit or individual sales of fireworks may not be sold to retail operators shell shall be discharge of fireworks by lighting professionals; in black gunpowder, fuse wholesale businesses not to have the fireworks safety production license-free units or individuals selling pyrotechnic composition, black powder and fuse.

    Retail dealer shall provide the wholesale purchase of fireworks shall not purchase, storage and sale of shell shall be discharge of fireworks by lighting professionals shall not purchase, storage and sale of fireworks powder, black powder and fuse.

23rd banned Fireworks license containing the store (retail) outside sites storing Fireworks.

Fireworks warehouse storage of fireworks and firecrackers, specification and quantity, must not exceed the national standard or industry standard risk level and approval limits.

    Retail store variety and quantity of fireworks and firecrackers, shall not exceed the license set forth the scope and limits of fireworks and firecrackers.

24th wholesale enterprise of illicit production, fake, expired, containing drugs and other serious quality problems of fireworks should be timely and properly destroyed.

    On the inspection of law enforcement seizures of fireworks in the preceding paragraph shall be subject to normal Fireworks products and inventory on.

25th wholesale enterprises should establish and strictly enforce the contract registration system, flow, flow of sound contract management and registration files and retained for 3 years for reference.

    Black powder, fuse wholesale business purchase and sale records, shall purchase or sale within 3rd day of the County security supervision Bureau.

    26th Fireworks business unit may not rent, lend, transfer, sale, fraudulent use or use fake Fireworks and business licenses. 27th Fireworks business units should be in business (Office) places prominently hung originals of the Fireworks business licenses.

    Should be retained in the storage warehouse wholesale wholesale enterprise licence.

28th for violation of these rules of procedure, beyond the terms of reference or these procedures do not have the required safety conditions issued by the Fireworks business licenses, issuing authority shall be revoked of their business licenses.

    Make Fireworks license units terminate operation of the Fireworks, issuing organ shall cancel its license.

Article 29th-issuing authorities should adhere to the principles of openness, fairness and justice, strictly in accordance with the regulations review, issued by the Fireworks business licenses, establish and improve the Fireworks file management system and information management system for operating licenses, and announced to the public on a regular basis and evidence business list.

    The provincial safety supervision Bureau shall strengthen the supervision and inspection of fireworks license, and by March 15 of each year, the annual fireworks on a business license within the administrative area of issuing and management of the State administration of work safety reported.

    30th article of any units or individuals for violations of the fireworks safety regulations and these rules of behavior, right to work safety supervision and management departments or organs and other relevant departments.

    The fifth chapter legal liability

    31st for operating without a permit, Super scope management, license expires to continue operation of fireworks, ordered to stop the illegal business activities, more than 20,000 yuan to 100,000 yuan fine, and confiscation of illegal goods and illegal proceeds.

Article 32nd wholesale enterprises, one of the following acts shall be ordered to correct within, more than 5000 Yuan and 30,000 yuan fines:

(A) establishment of a fireworks warehouse in the urban built-up area, or in the wholesale (shows) centres would put drug samples;

(B) the purchase and sales quality does not conform to the State standards or industrial standard Fireworks;

(C) the violation of national standards or trade standards in the warehouse storage of fireworks;

(D) set out in the Fireworks business licenses outside the warehouse storing Fireworks;

(V) of fake, expired, contain excessive, illicit drugs and other Fireworks there are serious quality problems not to dispose of;

(Vi) not perform contract management, flow to the registration system or application not in accordance with the provisions of fireworks and flow management information system;

(VII) of black gunpowder, fuse is not purchasing, sales record security supervision Bureau of the County;

(VIII) warehousing facilities building, rebuilding, expansion, not to re-apply for licenses procedures;

(I) the change of business name, charge, registered address, had not applied for the permit procedures;

    (J) to units or individuals cannot get the retail license sales of fireworks.

33rd wholesale business has one of the following acts, ordered to closed, temporarily wholesale license according to law, at more than 20,000 yuan to 100,000 yuan fine, and confiscation of illegal goods and illegal income; the circumstances are serious, wholesale revoked licenses:

(A) the lack of fireworks safety production license unit or individual sales of pyrotechnic composition, black powder, fuse;

(B) supply to retail operators in the illicit production and operation of fireworks;

    (C) supply to retail operators shell according to the national standards should be left to professionals, such as discharge of fireworks.

34th retail operators have one of the following acts, ordered to desist from the illegal act, between 5000 and 1000 Yuan Yuan fine, and confiscation of illegal goods and illegal gains in serious cases, retail licenses revoked according to law:

(A) sale of illegal fireworks production, operation;

    (B) sell shell according to the national standards should be left to professionals, such as discharge of fireworks.

35th retail operators have one of the following acts shall be ordered to correct within and between 5000 and 1000 Yuan Yuan fines; the circumstances are serious, fined not more than 5000 Yuan and more than 30000:

(A) the name, key principal or business location changes point of sale, not to apply for retail license;

    (B) storage of fireworks and firecrackers over retail license set forth the scope of the.

36th Fireworks business unit for rent, lend, transfer, sale and purchase business licenses of fireworks, ordered to stop the violations, fines of between 10,000 yuan and 30,000 yuan, and revoked the Fireworks business licenses.

    Fraudulent use or use forged business licenses of fireworks, in accordance with the provisions of article 31st of this approach.

The 37th claimant to hide relevant information or provides false information to apply for business licenses of fireworks, issuing authority is inadmissible, the applicant shall not be asked again of fireworks within 1 year business license application.

    Obtained by fraud, bribery or other improper means Fireworks license should be revoked, the operational unit shall not be asked again in 3 years Fireworks business license application.

    38th production safety supervision and management departments staff in implementing the Fireworks business licensing and regulatory work, abuse of power, negligence, malpractice, failing to perform Fireworks operations permit review, issuance and regulatory responsibilities, and disciplined in accordance with the relevant provisions constitutes a crime, criminal responsibility shall be investigated according to law.

    39th administrative penalties stipulated in these rules, determined by the work safety supervision and management departments, suspended, revoked the business licenses of administrative penalty decided by the issuing authority.

    The sixth chapter supplementary articles

40th business licenses includes the original Fireworks, copy, for hanging the originals, replica is a folding type, shall have the same legal effect.

    Fireworks business licenses shall be designed centrally by the State administration of work safety.

    41st provincial safety authority according to the relevant State laws and administrative regulations and these rules, formulate rules for its implementation. 42nd these measures shall come into force on December 1, 2013, of the State administration of work safety announced on August 26, 2006 be abrogated in the Fireworks business licensing implementation measures.

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