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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(August 26, 2006, the State administration of work safety announced 7th as of October 1, 2006) Chapter I General provisions article in order to regulate the Fireworks business units of the security conditions and business practices, do a Fireworks business licensing and management, in accordance with the fireworks safety regulations, formulate measures for its implementation.
    Article wholesale Fireworks enterprises (including import and export company, hereinafter referred to as wholesale businesses) and engaged in the retail of fireworks operators (hereinafter referred to as retail operators) must be obtained in accordance with the implementing regulations apply to the Fireworks business (wholesale) license and the Fireworks business (retail) license.
    Cannot get the Fireworks business license, may engage in the Fireworks business activities.
    Fireworks article management sites, in accordance with the unified plan, security safe, reasonable layout, total control of the awarding, fair, honest, standardized, and orderly market order.
    Fourth, the State administration of work safety (hereinafter referred to as the Security Administration) is responsible for guidance and supervision of the national Fireworks license issued by management.
    Safe production supervision and administration of provinces, autonomous regions, municipalities or its commissioned a set of municipal work safety supervision and Management Department (following the County work safety supervision and management departments are collectively called certification authorities) are responsible for the Fireworks business (wholesale) work permit issue and administration; the County work safety supervision and management departments in charge of the Fireworks business (retail) license issued by management. Second chapter wholesale business license fifth article wholesale enterprise should meet following conditions: (a) has corporate conditions; (ii) established sound safety accountability and the security management system, and operation; (three) has security management institutions or full-time security management personnel; (four) main head, and is in charge of head, and security management personnel should has Fireworks firecrackers business aspects of security knowledge and management capacity, and by training assessment qualified; warehouse keeper, and guardian Member should accept Fireworks firecrackers expertise training, And by assessment qualified; other practitioners should after this units of security knowledge education and training; (five) has and its business scale and products varieties phase adapted of business places and warehouse facilities; warehouse of both inside and outside Department security distance, and warehouse layout, and building structure, and security evacuation conditions, and fire, and explosion-proof, and anti-mine, and anti-electrostatic, security facilities and electrical facilities,, meet Fireworks firecrackers factory design Security specification (GB50161), national related standard of requirements
    And storage areas and warehouses there should be clear warning signs and signage; (vi) delivery service, transport vehicles in accordance with the relevant national standards; (g) the safety assessment was conducted in accordance with law; (VIII) accident emergency plan, emergency rescue organizations and personnel, and emergency rescue equipment, and equipped with the necessary equipment (IX) other conditions stipulated by laws and regulations.
    Sixth article wholesale enterprise application received Fireworks firecrackers business (wholesale) license Shi, should submitted following application file, and information, and on its authenticity is responsible for: (a) Fireworks firecrackers business (wholesale) license applications; (ii) corporate proved; (three) safety accountability file, and accident emergency rescue plans copy pieces and security management system, and operation listing; (four) main head, and is in charge of head, and security management personnel and warehouse keeper, and guardian member training, and assessment qualified proved;
    (V) area external safety distances to indicate (or measured), and storage facilities at the library plane (or design), (vi) evaluation report issued by qualified security assessment Agency; (VII) delivery service capability and vehicle descriptions and (VIII) other materials required by the issuing authority. After the seventh issuing authority accepting the application, application materials should be to review the security conditions and operation of storage sites.
    Responsible for review shall submit a written review. Certification authorities shall, from the date of acceptance of the application made within the 30th issued the decision to or not to licence, and shall inform the applicant.
    Decided not to issue a license, shall state the reasons in writing.
    The Fireworks business (wholesale) certificate valid for a period of 2 years.
    Eighth article for production Fireworks firecrackers of black gunpowder, and Fireworks drug, and introduction FireWire wholesale enterprise, except has this implementation approach fifth article provides of conditions outside, also must has meet national related standard of use dangerous items transport vehicles and related qualification, has necessary of security custody technology measures and distribution service capacity; its business license by province, and autonomous regions, and municipalities government safety supervision management sector according to strictly control number of principles issued management. Third chapter retail business license Nineth article retail operators should meet following conditions: (a) head and sales personnel after security knowledge training; (ii) implemented designed shop or counters, and hand sales, set hand is responsible for security management; counters sales Shi, counters should relative independent, and and other counter keep must of distance, guarantee security channel smooth; (three) retail places of area not is less than 10 square meters, its around 50 meters range within no other Fireworks firecrackers retail points, and and school, and kindergarten, and
    Staff gathering places such as hospitals and gas stations, flammable and explosive materials production and storage facilities to maintain adequate safety distances; (d) retail space with the necessary fire-fighting equipment and warning signs posted significant security; (v) other conditions stipulated by laws and regulations as well as the local people's Government.
    Retail operators to apply article tenth of the Fireworks business (retail) when the license shall submit the perimeter security applications, point of sale conditions instructions and other materials requested by the issuing authority. After the 11th issuing authority accepting the application, application materials and conditions of safety at retail should be reviewed.
    Responsible for review shall submit a written review. Certification authorities shall, from the date of acceptance of the application made within 20th issued the decision to or not to licence, and shall inform the applicant.
    Decided not to issue a license, shall state the reasons in writing.
    The Fireworks business (retail) certificate valid from provinces, autonomous regions and municipalities work safety supervision and management departments, maximum of 2 years.
    Supervision and administration of the fourth chapter 12th prohibits the wholesale enterprises established in the urban built-up area fireworks storage and there is a kind of wholesale establishments.
    Strictly control the number of fireworks in the urban built-up area retail outlets.
    13th 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.
    Black gunpowder, gunpowder, fuse wholesale enterprise is not allowed to make Fireworks Safety production license of any unit and individual sales of black gunpowder, gunpowder, fuse.
    Retail operators shall not operate and storing black powder, gunpowder, fuse.
    Fireworks warehouse no more than limited doses and variety stores, retail store shall not exceed the number of varieties of fireworks and local regulations.
    14th wholesale enterprises should establish and strictly enforce the purchasing and sales flow to registration, purchase and sale of sound files and retained for 2 years for reference.
    Black gunpowder, gunpowder, fuse wholesale business records of purchases, sales should be buying or selling in 3rd after report the production safety supervision and management departments at or above the county level for the record.
    Lost black gunpowder, gunpowder, fuse Enterprise shall immediately provide the County work safety supervision and management departments and local public security authorities.
    15th Fireworks business unit may not be transferred, sold, leased, lent, or the fake Fireworks license.
    16th Fireworks business unit change unit name, directors, registered office and business permits shall be in the 10th after the change to the original Licensing Office to apply the change.
    To change licensing matters, issuing authority shall withdraw the original license and issue a new licence.
    17th Fireworks business units change business premises, storage facilities or storage address (modification, expansion), and license expires shall re-apply for licensing procedures.
    New fireworks storage facilities (reconstruction and expansion) built in construction project approval process should go through the relevant procedures, and acceptance.
    18th article on implementation measures for the violation of the provisions of the program, beyond the terms of reference or the measures for the implementation of the required safety conditions do not have Fireworks business license issued by issuing authorities shall immediately revoke a license already issued.
    Make Fireworks license units terminate operation of the Fireworks, issuing authorities shall timely cancellation of their operating permits.
    19th certification authorities should adhere to the principles of openness, fairness and justice, strictly in accordance with the provisions of these measures for the implementation of the review, issuance of permits, and announced to the public on a regular basis to make Fireworks license units list.
    The provinces, autonomous regions and municipalities work safety supervision and management departments should be before March 15 of each year, the annual fireworks on a business license issued in the administrative area and wholesale business information report State administration of work safety.
    Chapter fifth penalty 20th production safety supervision and administration departments in the Fireworks business administrative licensing and regulatory work, abuse of power, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    21st article without license business Fireworks firecrackers, or to not made Fireworks firecrackers security production license of units or personal sales black gunpowder, and Fireworks drug, and fire line of, by safety supervision management sector ordered its stop illegal business activities, at 20,000 yuan above 100,000 yuan following of fine, and confiscated illegal business items and the illegal proceeds; violation security management behavior of, law give security management punishment; constitute crime of, law held criminal.
    22nd article security evaluation institutions issued false evaluation report of, revoked its corresponding qualification, confiscated illegal proceeds, illegal proceeds in 5000 Yuan above of, and at illegal proceeds twice times above 5 times times following of fine, no illegal proceeds or illegal proceeds insufficient 5000 Yuan of, single at or and at 5000 Yuan above 20,000 yuan following of fine, on its directly is responsible for of competent personnel and other directly responsibility personnel at 5000 Yuan above 50,000 yuan following of fine; constitute crime of, law held criminal.
    23rd obtained a business license for Fireworks business unit no longer meets the security conditions of this implementation, the production safety supervision and Administration Department shall order rectification; has not meet the security requirements of rectification, revoke its business license.
    24th wholesale purchasing and selling illegal fireworks production, operation, the production safety supervision and Administration Department shall order to stop the illegal practice, confiscating illegal goods and illegal income, and a fine of less than 20,000 yuan and 100,000 yuan in serious cases, revoke its business license.
    Retail operators purchasing and selling illegal fireworks production, operation and the safe production supervision and Administration Department shall order to stop the illegal practice, confiscating illegal goods and illegal income, and a fine of less than 1000 Yuan more than 5000 Yuan in serious cases, revoke its business license.
    Retail warehouse and illegal storage of fireworks and firecrackers, rectification by production safety supervision and management departments, and a fine of less than 1000 Yuan and 30,000 yuan in serious cases, to revoke its business license.
    25th article wholesale enterprise not established and implementation procurement, and sales flows registration system of, or black gunpowder, and Fireworks drug, and introduction FireWire wholesale enterprise not by provides will procurement, and sales records reported location County above safety supervision management sector record of, by safety supervision management sector ordered deadline corrected, and at 1000 Yuan above 30,000 yuan following of fine; late not corrected of, revoked its business license.
    Article 26th found the applicant to conceal relevant information or provide false materials, issuing authority is inadmissible, the applicant may not apply again in a year.
    Transferring, trading, leasing or lending business license, or by fraud, bribery or other improper means to obtain operating licences of fireworks making business activities, subject to punishment pursuant to the measures for the implementation of the 21st section, the applicant may not apply again in three years.
    27th Fireworks business unit changes place of business address or storage facilities, storage facilities (reconstruction and extension), operating license expiration is not engaged in business activities to re-apply for permission procedures, work safety supervision and management departments shall be ordered to stop business activities, more than 5000 Yuan to 50,000 yuan fine and revoke its business license.
    Fireworks operating units that are not engaged in business activities according to these regulations change, work safety supervision and management departments shall be ordered to stop business activities, deadlines change procedures; overdue management, revoke its business license.
    The sixth chapter supplementary articles article 28th of the Fireworks business (wholesale) certificate, the Fireworks business (retail) license and the Fireworks trade (wholesale) license application, review of the book by the State administration of work safety shall be designed.
    The Fireworks business (retail) license application, reviewing books by provinces, autonomous regions and municipalities work safety supervision and management departments shall be designed.
    Fireworks business license original, duplicate, and duplicate copies of the same legal effect as originals for hanging, replica is folded.
    29th of provinces, autonomous regions and municipalities work safety supervision and management departments in accordance with the fireworks safety regulations and measures for the implementation of the development of implementing rules.
          30th article of the implementing measures shall come into force on October 1, 2006.

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