Fireworks and firecrackers management department

Provisions of Qinghai Province on the Safety Management of Fireworks and Firecrackers

Article 1 In order to strengthen the safety management of fireworks and firecrackers, standardize the business order, and ensure the safety of the public and people and property, according to the Safety Production Law, the Regulations on the Safety Management of Fireworks and Firecrackers, the Measures for the Implementation of the Business License of Fireworks and Firecrackers (Order No.65 of the former State Administration of Work Safety), the Regulations on the Safety Management of Fireworks and Firecrackers (Order No.93 of the former state administration of work safety) and the Measures for the Supervision and Administration of Safety Production in Qinghai Province (Order of the Qinghai Provincial Government)

Article 2 The operation, storage, transportation and discharge of fireworks and firecrackers within the administrative area of this province shall abide by these provisions. The production of fireworks and firecrackers is prohibited within the administrative region of this province.

Article 3 Fireworks and firecrackers mentioned in these Provisions refer to fireworks and firecrackers products and civil black powder, pyrotechnics, fuses and other articles used for the production of fireworks and firecrackers.

Fourth people's governments at or above the county level shall strengthen the organization and leadership of the safety management of fireworks and firecrackers, and make overall plans for the safety management of fireworks and firecrackers, such as operation, storage, transportation and discharge.

Township people's governments and sub-district offices shall incorporate the safety management of fireworks and firecrackers into grassroots social governance, and strengthen organization, coordination, guidance and supervision.

The community and villagers' committees shall cooperate with the related work of safety management of fireworks and firecrackers, and strengthen the publicity, education and guidance of lawful, civilized and safe discharge of fireworks and firecrackers.

Fifth relevant departments of the people's governments at or above the county level shall be responsible for the safety management of fireworks and firecrackers in accordance with the division of responsibilities.

(1) Emergency Management Department

1. Responsible for the supervision and management of fireworks and firecrackers' safety production, and issue fireworks and firecrackers' business (wholesale and retail) licenses according to the principle of consistent power and responsibility and graded certification;

2 of the fireworks business (wholesale) units of new construction, renovation and expansion of construction projects to review the safety conditions and safety facilities design review;

3. Investigate and deal with illegal production, storage and operation of fireworks and firecrackers according to law;

4. Supervise and manage the safety education and training of fireworks and firecrackers practitioners;

5 investigation and handling, statistical analysis of fireworks production safety accidents, and announced to the public.

(2) Public security departments

1. Be responsible for the safety management of fireworks and firecrackers, issue permits for road transport of fireworks and firecrackers, manage the traffic order of fireworks and firecrackers transport vehicles for dangerous goods, determine transport routes, and check that fireworks and firecrackers transport enterprises carry out road transport of dangerous goods in strict accordance with the approved transport routes and driving time;

2. Approve large-scale fireworks display activities according to law, and strengthen the supervision and inspection of large-scale fireworks display activities;

3. Organize and investigate the illegal production, operation, storage, transportation, mailing and discharge of fireworks and firecrackers according to law, which constitutes a crime, and shall be investigated for criminal responsibility according to law;

4. Check whether the fireworks and firecrackers transport enterprises of road dangerous goods install and hang warning signs on their special transport vehicles according to the requirements of national standards;

5 responsible for organizing the destruction and disposal of illegal fireworks and firecrackers and fireworks and firecrackers abandoned by business units;

6. Cooperate with relevant departments to investigate, deal with and provide emergency rescue for illegal production and operation of fireworks and firecrackers.

(3) Supply and marketing departments

1. The supply and marketing department is the competent department of fireworks and firecrackers industry;

2. Plan the layout of fireworks and firecrackers wholesale enterprises according to the requirements of the provincial emergency management department, determine the wholesale enterprises and cooperate with relevant departments to carry out the planning of fireworks and firecrackers business outlets;

3. Be responsible for the safe operation of the wholesale and retail units of fireworks and firecrackers in this system;

4. Conduct safety education and training for fireworks and firecrackers practitioners, publicize and educate the society, and popularize fireworks and firecrackers safety knowledge, laws, regulations and policies.

(4) Transportation department

1. Responsible for issuing the vehicle qualification of dangerous goods (explosives) transport enterprises engaged in road transport and the driver and escort qualification of "explosives transport" category;

2 according to the supervision and management of road dangerous goods (explosives) transport enterprises to maintain the qualification and technical grade standards for special vehicles.

(5) Market supervision and management departments

1. Register the fireworks business unit according to law and apply for a business license;

2. Investigate and deal with illegal business activities such as trademark infringement, false propaganda and sales of unqualified products in fireworks and firecrackers business according to law;

3. Responsible for the product quality supervision and spot check of fireworks and firecrackers business units, and investigate and deal with illegal acts of producing and selling unqualified products according to law.

4 responsible for the supervision and inspection of the price of fireworks and firecrackers, to stop unfair competition such as price monopoly, price fraud, price profiteering and low-price dumping;

5. Guide and standardize operators' independent pricing behavior and guide industry price self-discipline.

(6) Business sector

Cooperate with relevant departments to rectify and standardize the operation order of fireworks and firecrackers market.

(7) radio and television departments

Responsible for the use of radio, film and television, information network audio-visual programs to carry out public welfare publicity and education of fireworks and firecrackers safety production, cooperate with relevant departments to carry out various publicity activities, and conduct public opinion supervision on violations of laws and regulations on safety production.

(eight) the communication management department

In accordance with the "Regulations on the Management of Communication Short Message Service", coordinate relevant departments to carry out public welfare publicity and education of fireworks and firecrackers, and cooperate with major safety production publicity activities.

(9) Urban management department

1. Be responsible for investigating and dealing with unauthorized occupation of roads to sell fireworks and firecrackers;

2 responsible for investigating the behavior of setting off fireworks and firecrackers affecting urban environmental sanitation.

(10) Fire Department

Responsible for guiding fireworks business units to implement the main responsibility of fire safety, and investigate and deal with fire safety violations.

(eleven) the postal administration department

1. Urge the delivery logistics enterprises to implement the inspection system of receiving and delivery according to law, and investigate and deal with the delivery of fireworks and firecrackers according to law;

2. Participate in the investigation and handling of fireworks and firecrackers according to law, and supervise and inspect the implementation of preventive and corrective measures for accident units according to the division of responsibilities.

(twelve) development and reform, industry and information technology and other related departments.

Strictly control project access and permission, and prohibit fireworks production projects from entering our province.

Other relevant departments actively participate in cracking down on illegal production, operation, storage, transportation, mailing and setting off fireworks and firecrackers in accordance with the principle of "safety first, prevention first and comprehensive management".

Sixth radio, television, newspapers, Internet and other media should carry out fireworks safety management and public welfare publicity.

Schools and guardians of minors shall educate minors on the safety of fireworks and firecrackers.

Seventh fireworks business unified procurement, unified wholesale, centralized management. The Provincial Supply and Marketing Association plans the layout of wholesale enterprises and determines the wholesale enterprises, and the emergency management departments of various cities and states handle the fireworks and firecrackers business (wholesale) license for the wholesale enterprises. Fireworks and firecrackers business (wholesale) license before engaging in wholesale business activities.

Eighth management, storage, transportation and fireworks units and individuals.

Should have the corresponding safety conditions, and comply with the relevant provisions of laws, regulations and standards such as safety in production, social security and fire control. , establish the corresponding safety management system and operating procedures.

Ninth within the administrative region of this province, it is forbidden to operate, store, transport and discharge the following varieties of fireworks:

(1) Firecrackers such as throwing guns, pulling guns and wiping guns.

(2) Fireworks mixed with potassium chlorate.

(three) the provisions of this province prohibit the sale and discharge of other fireworks.

Article 10 Fireworks and firecrackers sold by fireworks and firecrackers wholesale enterprises shall meet the quality standards stipulated by the state and industry, and the product packaging shall meet the requirements of relevant national standards, and the words distribution by wholesale enterprises shall be marked. Do not sell products that are not marked with the words "distribution by wholesale enterprises".

Eleventh operators engaged in the retail of fireworks and firecrackers should buy fireworks and firecrackers from local wholesale enterprises that have obtained the "Fireworks and Firecrackers Business (Wholesale) License".

Twelfth distribution of wholesale enterprises shall meet the requirements of the provincial emergency management department. The setting of fireworks storage warehouses shall conform to the relevant laws, regulations and standards of the state.

Thirteenth enterprises engaged in fireworks wholesale should have the conditions:

(a) should have the qualification of an enterprise as a legal person, with special safety management institutions and personnel, the main person in charge, the person in charge of production safety, production safety management personnel should have fireworks safety knowledge and management ability, and pass the training and examination, and obtain a certificate. Warehouse keepers and guardians shall receive professional knowledge training on fireworks and firecrackers and pass the examination. Other employees shall be qualified by the safety knowledge training of the unit.

(two) shall obtain the "fireworks business (wholesale) license", and shall not set up fireworks storage warehouses in urban built-up areas; It is strictly prohibited to rent, lend, transfer, buy or sell, fraudulently use or forge a business license for fireworks and firecrackers; It is strictly prohibited to carry out business activities during the period of suspension of production such as license expiration, rectification and bad weather.

(3) Having storage facilities suitable for its business scale and products. The total construction area of the warehouse shall meet the Building Standard for Fireworks and Firecrackers Wholesale Warehouse (Class II) (JB 125-2009) and shall not be less than 5,400 square meters. Safety distance inside and outside the warehouse, warehouse layout, building structure, evacuation passage, fence, fire protection, explosion protection, lightning protection, anti-static and other safety facilities and electrical facilities meet the requirements of national standards and industry standards such as Safety Code for Fireworks Engineering Design (GB50 16 1). Storage areas and warehouses shall be equipped with monitoring facilities that meet the requirements of General Technical Requirements for Safety Monitoring System of Fireworks and Firecrackers Enterprises (AQ4 10 1), and safety warning signs and identification plates that meet the requirements of Safety Production Signs of Fireworks and Firecrackers (AQ4 1 14). No drug samples may be placed in wholesale (exhibition) places.

(4) It has the ability of distribution services suitable for its business scale, products and sales areas; It is necessary to obtain the Road Dangerous Goods Transportation Business License issued by the transportation department, and the distribution vehicles hold the Fireworks Road Transportation License. The total number of distribution vehicles is not less than 10. There should be transshipment distribution points or institutions in key cities, prefectures and counties, and a mature chain operation network system.

(five) the actual number of workers in the warehouse shall not exceed the approved number; It is forbidden to store explosives and other dangerous goods or operate prohibited items that exceed the standard.

(VI) Implement the responsibility system for safety production for all employees, and establish and implement safety management systems such as safety inspection, hidden danger investigation and management, facilities and equipment management, safety education and training, safety investment guarantee, occupational health, labor protection articles, emergency duty, warehouse management, foreign personnel management, warehouse monitoring system management, accident reporting and rescue.

(seven) to participate in production safety liability insurance.

Fourteenth fireworks wholesale enterprises should establish and strictly implement the contract management and flow registration system, improve the contract management and flow registration files, and keep them for three years for future reference.

Fifteenth the implementation of fireworks sales and distribution system. Fireworks and firecrackers sold by retail operators are uniformly purchased and distributed by fireworks and firecrackers wholesale enterprises.

Fireworks and firecrackers wholesale enterprises shall not sell to retail stores or consumers Class A and Class B products that should be discharged by personnel with professional discharge qualifications and Class C and D products that need to be processed and installed.

Sixteenth fireworks wholesale enterprises shall perform the duties of unified distribution of fireworks and firecrackers to retail operators in accordance with the provisions, and timely repurchase the unsold fireworks and firecrackers products of retail operators within the warranty period. Responsible for recycling fireworks and firecrackers products that have not been sold by retail operators but have exceeded the shelf life.

Seventeenth fireworks retail operators should be in accordance with the "fireworks business (retail) license" provisions of the scope of permission to sell fireworks. Shall not lease, lend, transfer, buy or sell, falsely use or forge the business license of fireworks and firecrackers.

Eighteenth fireworks sales to implement the real name registration system, fireworks retail operators shall not sell fireworks to minors under the age of fourteen who are not accompanied by guardians.

Nineteenth fireworks retail business (specialty store, counter stores) should be established in accordance with the principle of "total control, security, reasonable layout, moderate competition", and in line with the standards and norms stipulated in the Safety Technical Specification for Fireworks Retail Stores (outlets) (AQ4 128-20 19).

Twentieth the establishment of fireworks retail stores (shops, counters) shall meet the following conditions:

(a) the use area of fireworks and firecrackers retail stores is greater than 10 square meter and less than 200 square meters. Shops selling fireworks over the counter shall have a total construction area of not more than 300 square meters.

(two) the number of fireworks and firecrackers allowed to be stored in fireworks and firecrackers retail stores shall be determined according to their surrounding environment and use area. The total consumption of fireworks and firecrackers shall not exceed 300 kg in specialty stores and 100 kg in counters. Stores shall not store more than 300 boxes of fireworks and firecrackers, and counters shall not exceed 100 boxes.

(3) If the use area of the counter shop is less than 10 square meter, the storage capacity shall not exceed 20 boxes.

(four) fireworks retail establishments shall not be set up in residential areas where residents are concentrated and under bridges and culverts; Do not use stairs or holes to connect with other rooms; The room directly above the retail place shall not be used as a business place, a training classroom or a conference room, and no overnight staff shall be allowed; Fireworks and firecrackers retail places shall not be used as access channels for other production, operation and living places.

(five) fireworks retail stores (points) should be selected in the area where fire fighting vehicles can reach smoothly; When using temporary buildings, fireworks retail stores should be set up independently.

(six) fireworks retail stores and retail outlets should not be equipped with beds; It should not be installed underground, indoors or in buildings with pipelines for transporting flammable and explosive substances such as oil and natural gas.

(7) No other fireworks and firecrackers retail store shall be set within 100 meters around the fireworks and firecrackers retail place.

(eight) schools, kindergartens, hospitals, stations, commodity trading markets, gas stations and other facilities for the production and storage of flammable and explosive goods and places where people gather to keep a safe distance of not less than 100 meters.

(9) Keep a safe distance of not less than 50 meters from various bridge and culvert facilities such as river-crossing bridges, overpass bridges and vertical projection parts, pedestrian overpasses, underpasses and culverts.

(10) Keep a safe distance of not less than 1.5 times the height of the pole from the high-voltage line and other power transmission and transformation facilities.

(eleven) fireworks retail establishments shall not be set up in military administrative zones, cultural relics protection zones and other areas where fireworks are prohibited; Shall not be set in exhibitions, fairs, large shops (fields), bazaars.

(twelve) to participate in production safety liability insurance.

Twenty-first fireworks (shops, counters) retail operators shall comply with the following provisions:

(1) Hanging the business license and fireworks business (retail) license in the eye-catching position of specialty store and counter shops.

(2) Post safety warning signs such as "No Fireworks" and "Flammable and Explosive".

(three) when the retail area is not more than 100 square meters, at least two ammonium phosphate dry powder fire extinguishers of 5 kg and above shall be equipped; When the service area is greater than 100 square meter, at least four ammonium phosphate dry powder fire extinguishers with a weight of 5 kg and above shall be equipped, and they shall be divided into two setting points.

(four) the storage of fireworks and firecrackers shall not violate the types of fireworks and firecrackers and limit the storage capacity as stipulated in the Fireworks and Firecrackers Business (Retail) License.

(5) It is forbidden to sell fireworks and firecrackers that exceed the standard, violate laws and regulations, or sell Class A and Class B products set off by professional qualified personnel, or sell Class C and Class D products that need to be processed and installed.

(6) There shall be no open flames in the retail store and no exposed connectors in the circuit. When using ordinary electrical equipment, keep a horizontal projection distance of not less than 1.2 meters from fireworks and firecrackers, and do not use incandescent lamps, spotlights and other lamps that are prone to high temperature.

(seven) it is forbidden to set off fireworks around the business premises.

(eight) are not allowed to walk the streets selling fireworks.

Twenty-second fireworks retail operators shall not operate fireworks beyond the prescribed operating period, and stop operating after the expiration of the permitted operating period. Unsold fireworks and firecrackers shall be repurchased or recycled by wholesale enterprises and shall not be stored by themselves.

Twenty-third it is forbidden to carry fireworks and firecrackers on public transport and enter public places where people are concentrated, such as stations, theaters, etc. It is forbidden to mail fireworks and firecrackers; It is forbidden to carry fireworks and firecrackers in checked luggage, parcels and mails.

Article 24 Fireworks business premises shall be equipped with and installed with technical and physical defense equipment and facilities to prevent terrorist attacks, such as public safety video image information system, and the retention period of the collected video image information shall not be less than 90 days.

Twenty-fifth fireworks storage warehouse shall conduct safety background review of important positions.

Fireworks and firecrackers operators should report to the local public security organs in a timely manner if they purchase a large number and have suspicious behavior.

Twenty-sixth people's governments at or above the county level shall stipulate the place where fireworks and firecrackers are prohibited and the specific scope around it, and set up obvious prohibition signs and warning signs in the areas where fireworks and firecrackers are prohibited.

Article 27 These Provisions shall come into force on June 65438+ 10/day, 2022, and shall be valid until June 65438+1 0/day, 2027.

The former Qinghai Provincial Administration of Work Safety "on the issuance of

Notice (Qing's Safety Supervision [2065438+08] No.34) shall be abolished at the same time.