Regulations of Benxi Municipality on the Administration of Fireworks and Firecrackers in 2023
Article 2 These Provisions shall apply to the operation, transportation and discharge of fireworks and firecrackers within the administrative area of this Municipality.
Third city and county (District) safety production supervision and management department is responsible for the safety supervision and management of fireworks business. City and county (District) public security organs are responsible for the safety management of road transport and fireworks. Industry and commerce, quality supervision, planning and construction, transportation, comprehensive law enforcement, commerce and other departments shall, in accordance with the division of responsibilities, do a good job in the safety management of fireworks. City and county supply and marketing cooperatives are responsible for the management of fireworks and firecrackers business activities of enterprises affiliated to this system, and assist relevant departments to do a good job in the supervision of fireworks and firecrackers market.
Fourth within the administrative area of this Municipality shall not engage in fireworks production activities. It is forbidden for any unit or individual to produce and operate black powder, pyrotechnics, fuses and other raw materials used to manufacture fireworks and firecrackers within the administrative area of this Municipality.
Fifth fireworks business is divided into wholesale (storage) and retail (operating stores, temporary sales outlets). Fireworks wholesale and retail outlets shall be rationally distributed in accordance with the principle of "unified planning, ensuring safety, total control, strict access, regional franchise and territorial management". The specific layout planning and permitted quantity of fireworks and firecrackers sales outlets and temporary sales outlets shall be determined by the municipal safety production supervision and management department, announced to the public and organized for implementation.
Article 6 It is forbidden to set up physical fireworks and firecrackers wholesale places in urban areas or counties, towns and villages. It is forbidden to set up fireworks and firecrackers sales points and temporary sales points in crowded areas such as shopping malls, supermarkets, farmers' markets, residential buildings and stations, as well as major urban road sections.
Seventh enterprises engaged in the wholesale of fireworks and firecrackers must obtain the "fireworks and firecrackers business (wholesale) license" issued by the provincial safety production supervision and management department according to law. Operators engaged in the retail of fireworks and firecrackers (business outlets and temporary sales outlets, the same below) must obtain the fireworks and firecrackers business (retail) license issued by the local county (district) safety production supervision and management department according to law. Fireworks wholesale enterprises and retail operators shall go through the registration formalities with the administrative department for industry and commerce with the Fireworks Business (Wholesale) License or the Fireworks Business (Retail) License and obtain the business license before engaging in fireworks business activities. No unit or individual may transfer, buy, sell, lease, lend, forge or alter the fireworks business (wholesale) license and the fireworks business (retail) license.
Article 8 An enterprise applying for wholesale fireworks and firecrackers shall apply to the municipal safety production supervision and management department and provide relevant materials that can prove that it meets the following conditions:
(1) Having the qualification of an enterprise legal person.
(two) to establish and improve the responsibility system for production safety and various safety management systems and operating procedures.
(3) Having a safety management organization or full-time safety management personnel.
(four) the main person in charge, the person in charge and the safety management personnel shall have the safety knowledge and management ability of fireworks and firecrackers, and pass the training and examination; Warehouse keepers and guardians shall receive professional knowledge training on fireworks and firecrackers and pass the examination; Other employees should receive safety knowledge education and training of their own units.
(5) Having business premises and storage facilities suitable for its business scale and product variety; The internal and external safety distance, warehouse layout, building structure, safe evacuation conditions, fire protection, explosion prevention, lightning protection, anti-static and other safety facilities and electrical facilities of the warehouse meet the requirements of relevant national standards such as Safety Code for Design of Fireworks and Firecrackers Factory (GB50 16 1); Storage areas and warehouses should have obvious safety warning signs and identification plates.
(six) have the ability to provide services, transport vehicles meet the relevant national standards.
(seven) according to the law to carry out safety evaluation and pay the risk of mortgage for production safety.
(eight) emergency rescue plan, emergency rescue organization and personnel, and equipped with necessary emergency rescue equipment.
(nine) other conditions stipulated by laws and regulations.
Article 9 An operator who applies to engage in the retail of fireworks and firecrackers shall apply to the local county (district) safety production supervision and management department and provide relevant materials that can prove that the following conditions are met:
(a) the person in charge and the sales staff have been trained in safety knowledge.
(two) the implementation of special store or counter sales, there should be a person in charge of safety management; When selling counters, counters should be relatively independent, and the distance from other counters should not be less than 25 meters to ensure safety and smoothness.
(3) The area of business outlets shall not be less than 10 square meter; The length of temporary sales outlets shall not exceed 6 meters and the width shall not exceed 3 meters. There are no other fireworks retail outlets within 50 meters around, and the safe distance from schools, kindergartens, hospitals, hotels, theaters and other places where people gather, gas stations and other inflammable and explosive goods production or storage facilities, important military areas and cultural relics protection sites shall not be less than 100 meters.
(four) retail and storage places must be equipped with more than two fire extinguishers, and posted obvious safety warning signs; The warehouse area is not less than 10 square meter, and it is closed separately, without fire, power and heat sources. Keep a distance of more than 5 meters from the surrounding buildings or facilities, and reserve fire exits.
(five) to pay the risk of mortgage for production safety according to law.
(six) other conditions stipulated by laws, regulations and county (District) people's government.
Tenth during the Spring Festival (the fifteenth day of the twelfth month to the fifteenth day of the first month, the same below), it is allowed to set up temporary sales points of fireworks and firecrackers in urban areas and counties. Every year in June 5438+ 10, the county (district) safety production supervision and management department shall, jointly with public security, comprehensive law enforcement, urban management and other institutions, delimit the location of temporary fireworks and firecrackers sales outlets within their respective jurisdictions according to the planned permitted quantity and safe operation conditions of the city's temporary fireworks and firecrackers sales outlets, and issue the Fireworks and Firecrackers Business (Retail) License to eligible applicants by public lottery after publicity. The temporary sales operators of fireworks and firecrackers shall, after obtaining the fireworks and firecrackers business (retail) license, go through the examination and approval procedures for temporary occupation of roads in urban management institutions.
Eleventh fireworks franchise. Fireworks and firecrackers entering the administrative area of this Municipality (including those used for fireworks and firecrackers) shall be purchased by the fireworks and firecrackers wholesale enterprises in this Municipality from the production units that have obtained the "Safety Production License for Fireworks and Firecrackers". Other units and individuals are prohibited from engaging in the procurement and wholesale business of fireworks and firecrackers. Fireworks retail operators must buy fireworks from local fireworks wholesale enterprises.
Twelfth fireworks sales in this city, fireworks wholesale enterprises paste special anti-counterfeiting logo, unified distribution to the fireworks retail operators in the franchise area, to ensure market supply. After the expiration of the sales license, the unsold fireworks and firecrackers products of fireworks and firecrackers retail operators shall be recovered in time and kept free of charge. Fireworks wholesale enterprises are fully responsible for the safety of the distribution process and product quality.
Article 13 According to the Classification Standard for Safety and Quality of Fireworks and Firecrackers (GB 1063 1-2004), fireworks and firecrackers wholesale enterprises shall not supply Grade A fireworks and firecrackers to fireworks and firecrackers retail operators, and large-scale fireworks parties and discharge activities can only be delivered to professional discharge units that have obtained Grade A discharge qualification with the approval of public security organs. Fireworks and firecrackers retail operators shall abide by the safety management regulations, hang their business licenses in a prominent position in the sales place, and sell fireworks and firecrackers in accordance with the time limit, place and type specified in the business license. It is forbidden to engage in secondary wholesale business, change business premises, set up off-site sales or mobile sales.
Article 14 It is forbidden for any unit or individual to buy and sell fireworks and firecrackers whose production is explicitly prohibited by the following countries:
(1) Products with high sensitivity and poor chemical stability, such as smashing guns, pulling guns, smashing guns, jingling paper, etc.
(2) Products containing hard objects such as metal shells and glass shells.
(3) Products with unstable flight direction and easy to cause fire, such as sky cannon, hamster, sand cannon, non-directional rocket, etc.
(four) high-dose products such as hand-held flash bombs and double-acting guns with a diameter of more than 30 mm and a length of more than 200 mm.
Fifteenth fireworks retail establishments and warehouses stored fireworks shall not exceed the "fireworks business (retail) license" provisions of the limited storage; Temporary sales outlets of fireworks and firecrackers shall stop selling after the expiration of the license period, and the remaining fireworks and firecrackers must be destroyed by themselves or kept by local fireworks and firecrackers wholesale enterprises.
Sixteenth fireworks brought into this city by road, the carrier must hold the "fireworks road transport license" issued by the public security organs of this city or county before transportation.
Seventeenth vehicles engaged in fireworks transport must meet the national standards, abide by the regulations on the management of fireworks transport, hang safety warning signs, and hold a road transport permit issued by the traffic management department; Drivers, loading and unloading management personnel and escort personnel must be in accordance with the provisions of the Regulations of the People's Republic of China on Road Transportation, and only after passing the training and examination by the traffic management department can they hold relevant certificates.
Eighteenth it is forbidden to carry fireworks and firecrackers on public transport. It is forbidden to mail fireworks and firecrackers, and it is forbidden to carry fireworks and firecrackers in checked luggage, parcels and mails.
Article 19 Qiaotou Town, Beitai Sub-district Office, Wolong Sub-district Office, Niuxintai Sub-district Office, Gaotaizi Town, Huolianzhai Town, Waitoushan Town, Dongfeng Sub-district Office and Zhangqizhai Township under the jurisdiction of Benxi Manchu Autonomous County, Huanren Manchu Autonomous County, Nanfen District and Heping Mountain Area of Benxi Economic and Technological Development Zone are restricted areas for setting off fireworks and firecrackers. Other areas are restricted discharge areas.
Twentieth in the restricted fireworks area, except from the 23rd of the twelfth month to the 15th of the first month, it is forbidden to set off fireworks.
Article 21 If it is necessary to set off fireworks and firecrackers to hold large-scale fireworks display activities such as fireworks parties or to hold celebrations in areas where fireworks and firecrackers are restricted, the organizer shall apply to the local city or county public security organ 15 in advance, apply for a fireworks display permit, and conduct it in accordance with the fireworks display safety regulations and the fireworks display operation plan. City and county (District) public security organs shall strengthen the supervision and inspection of high-risk fireworks and other large-scale fireworks and firecrackers.
Twenty-second fireworks should be discharged according to the discharge instructions, and the residue at the discharge site must be cleaned up immediately after discharge. Fireworks and firecrackers shall not be set off in a way that endangers public safety and personal and property safety. It is forbidden to set off fireworks and firecrackers in the following places:
(a) cultural relics protection units and protected buildings.
(two) railway stations, passenger stations and other transportation hubs and railway line safety protection zones.
(3) Oil depots, gas stations, liquefied gas stations, places where inflammable and explosive articles are produced, stored and operated, and areas around warehouses of important materials such as grain, oil, hemp and so on/within 0/00 meters of kloc.
(4) Power transmission and transformation facilities safety protection zone.
(five) medical institutions, kindergartens, primary and secondary schools, nursing homes and parks, dance halls, stadiums, shops, markets and other crowded places.
(six) urban public green space, forests, nurseries and other key fire prevention areas.
(seven) the office space, military facilities and military restricted areas of the party and government organs (including street offices).
(8) roofs, balconies, corridors and windows of buildings.
(nine) other places where fireworks and firecrackers are prohibited as prescribed by the municipal and county (District) governments.
Article 23 During the Spring Festival, the Municipal People's Government shall organize safety production supervision and management, public security, quality supervision, industry and commerce, comprehensive law enforcement, commerce and other departments to form a joint law enforcement coordination mechanism for fireworks and firecrackers safety management, and be responsible for investigating and handling illegal fireworks and firecrackers.
Twenty-fourth units and individuals that illegally operate, store and set off fireworks and firecrackers shall be handled in accordance with the provisions of the State Council's "Regulations on the Safety Management of Fireworks and Firecrackers" and other laws and regulations. If they have discretion, they shall be implemented in accordance with the specific standards determined by the municipal government; Those who cause property losses to the state or the collective or cause personal injury or property losses to others shall be liable for compensation according to law; Constitute a violation of public security management, in accordance with the provisions of the "People's Republic of China (PRC) Public Security Management Punishment Law"; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 25 If the staff of the departments of production safety supervision, public security, quality supervision, industry and commerce, and comprehensive law enforcement abuse their powers, neglect their duties or engage in malpractices for selfish ends in the safety supervision and management of fireworks and firecrackers, they shall be given administrative sanctions by their units or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-sixth the provisions shall come into force as of June, 2009 1 day, "Benxi fireworks safety management regulations" (DecreeNo. twentieth. The municipal government 6 1) shall be abolished at the same time.