Regulations on Discharging Fireworks and Firecrackers in Handan

Legal Analysis

In order to further strengthen the prevention and control of air pollution, protect the health of the people, and strengthen the safety management of fireworks and firecrackers, according to the "Atmospheric Pollution Prevention and Control Law of the People's Republic of China" The Public Security Administration Punishment Law of the People's Republic of China, the Regulations on the Safety Management of Fireworks and Firecrackers, and the Opinions of the Handan Municipal Party Committee and Handan Municipal People's Government of the People's Republic of China on Vigorously Promoting Comprehensive Control of Air Pollution (Hanzi [2017] No. 16) and other laws, regulations, and regulations, the prohibition and restrictions on setting off fireworks and firecrackers in Handan City are hereby announced as follows.

Legal Basis

1. Time, area and variety of prohibited fireworks

(1) Within the main urban area of ??the city, it is prohibited to set off any kind of fireworks throughout the year Fireworks. (2) Outside the city's main urban area, when the municipal government initiates a level three or above heavy pollution weather warning, it is completely prohibited to set off any type of fireworks and firecrackers during the warning period and within the area.

(3) Illegal, excessive, and non-standard fireworks and firecrackers such as electronic salutes, iron cannons, crackers, crackers, and firecrackers are prohibited throughout the city.

(4) The "main urban area" referred to in this notice refers to the main canal of the South-to-North Water Diversion Middle Line in the west, and the Shangdai Line in the east (north along Hanlin Road, Development Zone Jingqi Street, Huize Road, 001 Township Road extends through Jiakou Village to Qinglan Expressway), to Qinglan Expressway in the north, to Nanhuan Road in the south (extends to the main canal of the South-to-North Water Diversion Middle Line in the west, and along the Zhu River, Zhizhang River, and Zhonghua South Street in the east , Ping'an Road, Handan-Dalian Highway, Beijing-Guangzhou High-speed Railway, National Highway 309 extending to Shangdai Line).

(5) County (city, district) governments outside the main urban areas should take into account local realities and formulate regulations prohibiting and restricting fireworks and firecrackers that comply with air pollution prevention and public safety requirements. In areas where fireworks and firecrackers are prohibited and restricted in counties (cities, districts) outside the main urban areas, the allowed time is New Year's Eve, the whole day of the first day of the first lunar month, and 7:00 to 22:00 on the fifth and fifteenth day of the first lunar month. Discharging is prohibited at other times.

2. Places where it is prohibited to set off oil and gas tanks, stations and other flammable and explosive dangerous goods storage places within 100 meters; railway stations, bus stations, airports and other transportation hubs and power transmission and transformation facilities, communications Within the facility safety protection zone; near state agencies, important military facilities, cultural relics protection units, teaching and scientific research units, hospitals, sanatoriums, nursing homes, etc.; in crowded places such as public entertainment venues, markets, shopping malls, bustling streets and main traffic roads; Key fire prevention areas such as corridors, roofs, balconies, platforms, forests, and nurseries; locations where safety distances are not required in the product instructions for fireworks and firecrackers; and other locations where fireworks are prohibited by municipal and county-level government regulations.

3. Fireworks and Firecrackers Sales Management and Penalties

Generally no more fireworks and firecrackers wholesale enterprises will be established within the city’s administrative regions. It is strictly prohibited to set up retail outlets for fireworks and firecrackers within the main urban area of ??the city, and no more than 3 retail outlets should be set up in each township outside the main urban area. Within the scope of Congtai District, Handan District, Fuxing District, and Handan Economic and Technological Development Zone, the administrative approval and safety supervision departments will not approve the establishment of retail points (temporary retail points) during the Spring Festival. In view of the adjustment of the administrative region of Handan City, the fireworks and firecrackers wholesale enterprises directly under the Handan City Supply and Marketing Cooperative will keep the original business area unchanged.

For those who sell fireworks and firecrackers without permission, the public security, safety supervision and other departments will impose penalties according to the division of responsibilities and in accordance with the "Regulations on the Safety Management of Fireworks and Firecrackers" and the "Public Security Administration Punishment Law of the People's Republic of China"; If a crime is constituted, criminal liability shall be pursued in accordance with the law.

4. Purchase of Fireworks and Firecrackers The public security, safety supervision, and supply and marketing departments are responsible for building the city's fireworks and firecrackers information traceability system and establishing a real-name purchase system in the retail link to realize information management of the entire process of production, operation, storage, transportation, and purchase. .

5. Management and Punishment of Fireworks and Firecrackers

If fireworks and firecrackers are set off outside the main urban area, they must be set off safely in accordance with this notice and local government regulations. Fireworks parties and other large-scale fireworks display activities must be approved by the public security department at or above the county level (including county level) and qualified professional display units and personnel must be entrusted to set off the fireworks. For those who hold fireworks parties and other large-scale fireworks display activities without approval, light fireworks and firecrackers at times and places where fireworks and firecrackers are prohibited, or set off fireworks and firecrackers in a manner that endangers public safety or personal or property safety, the public security department shall, on the basis of The relevant provisions of the "Regulations on the Safety Management of Fireworks and Firecrackers" and the "Law of the People's Republic of China on Public Security Administration Punishments" shall be punished; if it involves state staff setting off fireworks and firecrackers in violation of laws and regulations and causing serious consequences, they shall be transferred to the disciplinary inspection and supervision agencies to investigate the relevant units in accordance with disciplines and regulations. and personnel responsibilities.

6. Division of responsibilities (1) All county (city, district) governments must attach great importance to banning and restricting fireworks and firecrackers, improve working mechanisms, severely crack down on illegal production and sale of fireworks, carry out publicity and education, and announce Report phone number.

(2) The public security department should strengthen social prevention and control, promptly discover, stop, and investigate illegal discharge behaviors, and deal with illegal dischargers in accordance with the law.

(3) The safety supervision department should increase the supervision of fireworks and firecracker wholesale enterprises and retail stores (points) and effectively perform their statutory duties.

(4) The supply and marketing department should strengthen the management of fireworks and firecracker operating units within the system.

(5) All agencies, enterprises and institutions, street offices (township and town governments), neighborhood (village) committees, community property companies, and operating stores within the city's prohibited and restricted range of fireworks are the responsible units for the prohibited and restricted range of fireworks , the main person in charge is the person responsible for the prohibition and restriction of discharge, and should do a good job in promoting, educating and supervising the prohibition and restriction of discharge to residents and employees of the area in accordance with this notice and local government regulations.

The general public is requested to conscientiously abide by the regulations on the prohibition and restriction of fireworks and firecrackers, and set off fireworks and firecrackers in a safe and civilized manner. Every citizen has the right and obligation to dissuade, stop, and report uncivilized lighting behaviors and illegal sales and setting off of fireworks and firecrackers. The reporting hotline is: 110.

This notice will be implemented from the date of issuance and will be valid for two years. The "Notice of the Handan Municipal People's Government on the Prohibition and Restriction of Fireworks and Firecrackers in the Main Urban Area" (Handan Government Announcement [2017] No. 1) was abolished at the same time.