Anhui Province, Explosives Safety Management

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

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Anhui Province, explosives safety management

    (On January 5, 2009 Anhui Province Government 27th Times Executive Conference considered through on January 31, 2009 Anhui Province Government makes No. 217, announced since on March 1, 2009 up purposes) first article to strengthening civilian explosion items security management, prevention explosion accident occurred, guarantees citizens life, and property security and public security, according to State civilian explosion items Security Management Ordinance (following referred to Ordinance) and about legal regulations, combined this province actual, developed this approach.

    II explosives within the administrative area of the province of production, research, sale, purchase, transport, blasting activities of sale, purchase and storage, as well as ammonium nitrate, these measures shall apply. 

    Third the people's Governments above the county level shall determine the civil explosives production and sales department responsible for the administration of civil explosives production and sales of security supervision and management.

    People's Governments above the county-level public security organs responsible for the administration of civil explosives public safety management and the purchase and transportation of civil explosives, blasting safety supervision and management, monitor flow of explosives.

    Transportation administrative departments of industry and commerce, the people's Government above the county level in accordance with the Division of responsibilities, responsible for civil explosive materials on safety supervision and management work.

    The fourth people's Governments above the county level safety supervision and management departments in accordance with the provisions of laws and regulations, and work on safety supervision and management in charge of explosives.

    Fifth civil explosive materials in the production, sale, purchase, transportation and blasting units are in charge of the explosives safety management responsibility, this unit has overall responsibility for safety management of civil explosive materials.

    Civil explosives manufacture, sale, purchase, transportation and blasting unit is the focus of the security unit, shall set up the security agencies or security personnel, setting protection facilities to prevent loss, theft or robbery of civil explosives.

    Civil explosives manufacture, sale, purchase, transportation and blasting safety management systems, safety responsibility system should be established to develop safety measures and accident emergency plan, security management institutions or with full-time security personnel.

    Sixth civil explosives production and sales department and the public security organs shall, in accordance with the national provisions establishing and perfecting civil explosives information management system, identifies the management of explosives, monitoring flows of civil explosives.

    Civil explosives production and sales and blasting operation unit shall accurately to the units of production, sale, purchase, transportation, storage and use of explosives type, quantity and flow of information, according to the time limit input of civil explosives information management system.

    Seventh encourages the use of site mixed explosives technology, limit civil explosive and eliminate backward products and production technologies, implementation of explosives for blasting operations integrated business model of production, distribution, and support of civil explosives industry technology innovation.

    Eighth article applies to engage in the production and sale of civil explosives enterprises shall have the regulation of the production, operating conditions and submit material that can demonstrate compliance with conditions. Application engaged in civilian explosion items production of enterprise, should to civilian explosion items production sales competent sector submitted application material, national civilian explosion items production sales competent sector by program on review meet conditions of, issued civilian explosion items production license, mark safety license; application engaged in civilian explosion items sales of enterprise, should to civilian explosion items production sales competent sector submitted application material, province civilian explosion items production sales competent sector is responsible for on its review, meet conditions of, issued

    Sale of civil explosives license.

    Nineth explosives production enterprises to adjust production capacity and construction of reconstruction, extension, remote or production site mixed operation, shall, in accordance with the prescribed procedures to apply the civil explosives manufacturing license, safety production license. Sales of civil explosives enterprises sales, storage capacity is changed, the Enterprise shall, before the change in the 30th to the provincial production and sales departments of civil explosives change request.

    After reviewing compliance with the statutory requirements, change procedures does not meet the statutory conditions, notify the applicant in writing and state the reasons.

    Civil explosives enterprises article tenth of the civil explosives manufacturing license, sales of civil explosives enterprises with sales of civil explosives license, to the Administrative Department for industry and Commerce after commerce registration, production and sale of explosives.

    Civil explosives manufacturers and 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.

    11th civil explosives production company name, legal representative, registration type, change of residence by the province of civil explosives production and sales advice issued by the authorities, reported that the State of civil explosives manufacturing and sales departments to handle the explosives manufacturing license change procedures.

    Sales of civil explosives enterprises name, legal representative, the registration type, change of residence, province for explosives manufacturing and sales departments to handle the sale of civil explosives license change procedures.

    Production and sales of civil explosives enterprises name, legal representative, the registration type, change of residence, handled the explosives manufacturing license, the sale of civil explosives license change procedures, the party changed to the Administrative Department for industry and commerce registration.

    12th 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. 13th 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.

    14th civil explosives unit to buy explosives, blasting should be public security organ of the people's Governments at the county level, where to purchase, handle the explosives purchased license.

    The explosives purchased license shall set forth the license purchased variety, number and term of validity of the license purchase.

    15th sales of civil explosives enterprises shall within 3rd day of consideration of civil explosives, sales type, quantity and the province purchase explosives manufacturing and sales departments and the people's Governments at the county public security organ for the record.

    Purchase units of civil explosives shall, within 3rd day of consideration of civil explosives, would buy the variety and quantity of the county people's Government public security organ for the record.

    16th transport explosives, receiving units shall apply to arrive to the county public security authorities of the civil explosives transportation permits and submit related materials under the Ordinance.

    Transport should be carrying the explosives for transportation of civil explosives license, strictly according to the license type, quantity and provided route.

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

    17th article transport explosives vehicles shall comply with the relevant national special vehicle safety and technical standards and safety requirements, prohibit the use of non-dedicated vehicles to transport explosives.

    18th prohibits carrying explosives on public transport or access to public places.

    Prohibiting the posting of explosives for civilian use, prohibition of the consigned goods, luggage, parcels, mail carrying explosives. Article 19th units engaged in blasting operations shall meet the conditions set by the State, made the blasting operation license issued by the public security organs.

    Commercial blasting operations unit with the blasting operation license to the Administrative Department for industry and Commerce after commerce registration, before engaging in the business of blasting activities. Blasting blasting operations of this unit should be officers, security managers, warehouse managers for professional and technical training.

    Blasting district officers of the municipal police examination, acquisition after the blasting operators license, before engaging in the blasting operation. 20th blasting units should be in accordance with the blasting certificate issued by the public security organs to undertake blasting project.

    Blasting operations personnel should be in accordance with the issued by the public security organs blasting qualification engaged in blasting operations.

    Blasting units engaged in blasting operations in remote, should the blasting project in advance the circumstances to report blasting the local people's Governments at the county level public security organs.

    Blasting and blasting design of blasting work jointly undertaken, both parties shall enter into a contract, defining their responsibilities. 21st blasting unit shall faithfully recorded receiving and issuing of civil explosives of the variety, quantity, number, and receive, the issuer's name. Recipients of civil explosive materials shall not exceed the amount of duty.

    Work remaining explosives must return back on duty.

    Blasting units, delivery units of civil explosives shall receive, the granting of the original records of civil explosives stored for 2 years for reference.

    The 22nd civil explosives special warehouse on-site temporary storage as well as the blasting operation shall meet the conditions laid down in relevant national standards and requirements. Special entities applying for blasting the chartering of civilian explosives warehouse, should be clear of safety management responsibility.

    Application for blasting units shall from the date of lease agreements signed leasing agreements dedicated warehouse is located within the 3rd County public security organ for the record. Article 23rd blasting operation shall comply with the relevant standards and norms of the State, from a safe distance outside arrangements set up warning signs and alert personnel, preventing staff from entering.

    Blasting operation shall, without delay after the end checking, remove undetonated explosives. 24th in the cities, scenic areas and important engineering facility near blasting, blasting should be apply to the public security organs, people's Government of the seat area, submitted the blasting operation license and qualified security assessment issued by the blasting design and construction programme assessment report.

    Public security organs accepting the application shall, from the date of acceptance of the application to review the relevant material submitted within the 20th, meet the requirements, approval decision does not meet the criteria, approved a decision, to the applicant in writing and state the reasons.

    The blasting of the implementation of the provisions of the preceding paragraph shall be conducted by a qualified security management enterprise management, by blasting people's Governments at the county public security organs shall be responsible for organizing the implementation of security. 25th in explosives production area, test site, destroyed fields and dedicated warehouse outside the national security area, not construction of buildings, structures, and other facilities.

    State and local key projects, it shall be inside the security zone construction of buildings, structures and other facilities, explosives production area, test sites, destruction of farms and private warehouses should be relocated, relocation costs borne by the construction of buildings, structures, and other facilities. Article 26th explosives license for production and sales departments to obtain explosives production and sales enterprise system of periodic safety inspections.

    Production and sales enterprises do not meet the prescribed safety requirements, shall order the rectification; after rectification by the qualified acceptance, be resumed production and sales activities.

    27th civil explosives production and sales, public security, supervision, business and transport staff in safety supervision and management departments of civil explosives of any of the following acts, shall be subject to punishment:

    (A) not in accordance with the law of administrative licensing;

    (B) does not perform safety supervision and management of civil explosive materials;

    (C) other acts of abuse, malpractice, neglect their duties.

    28th prevented functionaries of State organs and their implementation of civil explosives safety, supervision and administration of the public, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalties.

    29th the penalties for other acts in violation of these regulations, provided for under the Ordinance, its provisions. 30th these measures shall come into force on March 1, 2009.

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