Order of state administration of work safety (No.65)
The "measures" for the implementation of fireworks business license has been deliberated and adopted at the executive meeting of the director of state administration of work safety on September 6, 2006, and is hereby promulgated and shall come into force as of February 6, 2003. The Measures for the Implementation of Fireworks and Firecrackers Business License issued by the State Administration of Work Safety on August 26, 2006 shall be abolished at the same time.
Director Yang of state administration of work safety.
201310 June 16
Measures for the implementation of fireworks and firecrackers business license
Chapter I General Principles
Article 1 These Measures are formulated in accordance with the Regulations on the Safety Management of Fireworks and Firecrackers and other laws and administrative regulations in order to standardize the safety conditions and business behaviors of fireworks and firecrackers business units, do a good job in the issuance and management of fireworks and firecrackers business licenses, and strengthen the supervision and management of fireworks and firecrackers business safety.
Article 2 These Measures shall apply to the application, examination, issuance, supervision and administration of fireworks and firecrackers business licenses.
Article 3 Enterprises engaged in the wholesale of fireworks and firecrackers (hereinafter referred to as wholesale enterprises) and operators engaged in the retail of fireworks and firecrackers (hereinafter referred to as retail operators) shall respectively obtain the Fireworks and Firecrackers Business (Wholesale) License (hereinafter referred to as wholesale license) and the Fireworks and Firecrackers Business (Retail) License (hereinafter referred to as retail license) in accordance with the provisions of these Measures.
Enterprises engaged in the import and export of fireworks and firecrackers shall apply for a wholesale license in accordance with the provisions of these measures.
No unit or individual that has not obtained the business license of fireworks and firecrackers shall engage in the business activities of fireworks and firecrackers.
Article 4 The layout of fireworks business units shall be examined and approved in accordance with the principles of ensuring safety, unified planning, rational layout, total control and moderate competition; Enterprises engaged in the wholesale of black powder and fuse and the import and export of fireworks and firecrackers shall be examined and approved in accordance with the principle of strict licensing conditions and strict control of quantity.
Wholesale enterprises shall not set up fireworks storage warehouses in urban built-up areas, and shall not place drug samples in wholesale (exhibition) places; Strictly control the number of fireworks retail outlets in urban built-up areas, and fireworks retail outlets shall not be set in the same building as residents' residential places.
Fifth fireworks business license issuance and management, the implementation of enterprise application, grading certification, territorial supervision principle.
State administration of work safety (hereinafter referred to as the General Administration of Safety Supervision) is responsible for guiding and supervising the issuance and management of the national fireworks business license.
The safety production supervision and management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as the provincial safety supervision bureau) are responsible for formulating the layout planning of wholesale enterprises within their respective administrative areas, unifying the number of wholesale licenses, and guiding and supervising the issuance and management of fireworks and firecrackers business licenses within their respective administrative areas.
The safety production supervision and management department of the municipal people's government with districts (hereinafter referred to as the Municipal Safety Supervision Bureau) is responsible for the issuance and management of fireworks and firecrackers wholesale licenses within their respective administrative areas according to the distribution planning and unified numbering of wholesale enterprises of the Provincial Safety Supervision Bureau.
The safety production supervision and management department of the people's government at the county level (hereinafter referred to as the county safety supervision bureau, together with the municipal safety supervision bureau, collectively referred to as the issuing authority) is responsible for the layout planning of retail operations and the issuance and management of retail licenses within their respective administrative areas.
Chapter II Application and Issuance of Wholesale License
Article 6 A wholesale enterprise shall meet the following conditions:
(1) Having the qualification of an enterprise legal person;
(2) Conforming to the layout plan of wholesale enterprises formulated by the local provincial safety supervision bureau;
(3) Having storage facilities suitable for its business scale and products. Internal and external safety distance, warehouse layout, building structure, evacuation passage, fire protection, explosion prevention, lightning protection, anti-static and other safety facilities, as well as electrical facilities. The warehouse meets the requirements of national standards and industry standards such as Safety Code for Fireworks and Firecrackers Engineering Design (GB50 16 1). Storage areas and warehouses shall be equipped with monitoring facilities that meet the 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);
(4) Having the ability of distribution service suitable for its business scale, products and sales area;
(five) to establish the responsibility system for production safety and various safety management systems and operating procedures. The safety management system and operating rules at least include: warehouse safety management system, warehouse keeper system, fire and explosion prevention safety management system, safety inspection and hidden danger investigation and management system, accident emergency rescue and accident reporting system, sales contract management system, product flow registration system, product acceptance system, employee safety education and training system, violation punishment system, enterprise leader duty (shift) system, safe production cost extraction and use system, and loading and unloading (handling) operation.
(6) Having a safety management organization or full-time safety production management personnel;
(seven) the main person in charge, the person in charge of production safety, and the safety production management personnel have the safety knowledge and management ability of fireworks and firecrackers, and have passed the training and examination, and obtained the corresponding qualification certificates. Warehouse keepers and guardians receive professional knowledge training on fireworks and firecrackers, pass the examination and obtain corresponding qualification certificates. Other employees have passed the safety knowledge training of the unit;
(eight) in accordance with the "General Specification for Fireworks Registration" (AQ4 102) and the relevant provisions of fireworks information management, the establishment and application of fireworks information management system;
(nine) emergency rescue plan, emergency rescue organization and personnel, and equipped with necessary emergency rescue equipment;
(ten) safety evaluation according to law;
(eleven) other conditions stipulated by laws and regulations.
Enterprises engaged in the import and export of fireworks and firecrackers shall apply for a wholesale license, which shall meet the conditions specified in items 1 to 3 and items 5 to 11 of the preceding paragraph.
Article 7 An enterprise engaged in the wholesale of black powder and fuse shall not only meet the conditions stipulated in Article 6 of these Measures, but also have necessary measures for the safe storage of black powder and fuse, and its own special transport vehicles can meet the needs of its distribution services and meet the relevant national standards.
Article 8 When applying for a wholesale license, a wholesale enterprise shall submit the following application documents and materials to the issuing authority and be responsible for their authenticity:
(1) An application for a wholesale license (in triplicate);
(two) a copy of the business license of the enterprise as a legal person or a copy of the pre-approval document of the enterprise name;
(three) the list of documents on the responsibility system for production safety, the filing and registration documents of the emergency rescue plan for accidents, the safety management system and operating procedures;
(4) photocopies of the relevant qualification certificates of the main person in charge, the person in charge of production safety, the personnel in charge of production safety and the warehouse keeper and guardian;
(five) the measured map of the external safety distance of the reservoir area and the layout plan of the storage facilities in the reservoir area issued by the design unit with corresponding qualifications;
(6) A safety evaluation report issued by a safety evaluation institution with corresponding qualifications, including at least the contents of conformity evaluation of the conditions specified in Items (3), (4), (8), (9) and (7) of Article 6 of these Measures;
(seven) the proof materials of the design review and completion acceptance of the safety facilities of the construction project;
(eight) engaged in the wholesale of black powder and fuse, the enterprise has its own special transport vehicles and relevant qualification (qualification) certificate copy of the driver and escort;
(nine) other documents and materials as prescribed by laws and regulations.
Article 9 The issuing authority shall handle the applications, documents and materials submitted by the applicant separately in accordance with the following provisions:
(1) If the application matters do not fall within the scope of duties of the issuing authority, it shall immediately make a decision not to accept it, and inform the applicant to apply to the corresponding issuing authority;
(2) If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed or required to correct them on the spot, and a written acceptance certificate shall be issued immediately after correction;
(3) If the application materials are incomplete or do not meet the requirements, the applicant shall be informed of all the contents that need to be corrected on the spot or in writing within five working days. Fails to inform, since the date of receipt of the application materials is accepted;
(4) If the application materials are complete, meet the requirements or are all supplemented as required, it shall be accepted as of the date of receipt of the application materials or all supplemented materials.
Article 10 After accepting the application, the issuing authority shall examine the application materials. If it is necessary to conduct on-site verification of the safety conditions of the business storage place, two or more staff members shall be assigned to organize technical personnel to conduct on-site verification. For fireworks import and export enterprises and 1. 1 warehouse enterprises, two or more staff members shall be assigned to organize technicians to conduct on-site inspections. The person in charge of on-site verification shall put forward written verification opinions.
Article 11 The issuing authority shall make a decision on whether to issue a wholesale license within 30 working days from the date of accepting the application.
If no decision is made, it shall notify the applicant in writing and explain the reasons within 10 working days from the date of making the decision; If a decision is made, it shall be served or notified to the applicant to obtain the wholesale license within 10 working days from the date of making the decision.
In the process of review, the time required for on-site verification by the issuing authority and enterprise rectification shall not be calculated within the time limit specified in these Measures.
Article 12 The validity period of a wholesale license is 3 years.
After the expiration of the validity period of the wholesale license, if the wholesale enterprise intends to continue to engage in the wholesale business activities of fireworks and firecrackers, it shall submit an application for extension to the original issuing authority 3 months before the expiration of the validity period, and submit the following documents and materials:
(1) An application for extension of the wholesale license (in triplicate);
(two) the documents and materials specified in the third, fourth, fifth and eighth items of Article 8 of these Measures;
(3) Certification materials for standardization of production safety.
Article 13 After accepting the application for extension, the issuing authority shall go through the formalities for extension of the wholesale license in accordance with the provisions of Articles 10 and 11 of these Measures.
Fourteenth wholesale enterprises meet the following conditions, with the consent of the issuing authority, can go through the formalities of extension of the wholesale license without on-site inspection:
(a) strictly abide by the relevant laws and regulations and the provisions of these measures, and there is no illegal business behavior;
(two) after obtaining the wholesale license, continue to strengthen the management of production safety, and constantly improve the conditions of production safety, and realize the standardization of production safety above grade two;
(three) accept the supervision and inspection of the issuing authority and the safety production supervision and management department of the local people's government;
(4) No production safety accidents.
Article 15 If a wholesale enterprise changes its enterprise name, principal responsible person and registered address within the validity period of the wholesale license, it shall submit an application for change to the original issuing authority within 10 working days from the date of change, and submit the following documents and materials:
(1) application for change of wholesale license (in triplicate);
(2) A copy of the industrial and commercial pre-approval document or industrial and commercial business license of the changed enterprise name;
(three) a copy of the safety qualification certificate of the principal responsible person after the change.
If a wholesale enterprise changes its business license scope, warehouse address and storage facilities due to new construction, reconstruction and expansion, it shall go through the licensing procedures again.
Chapter III Application and Issuance of Retail License
Article 16 A retail operator shall meet the following conditions:
(1) Conforming to the retail layout plan formulated by the local county-level safety supervision bureau;
(two) the main person in charge has passed the safety training, and the sales staff has received safety knowledge education;
(3) During the Spring Festival, retail outlets and long-term retail outlets in the city will be sold in specialty stores. When long-term rural retail outlets implement counter sales in the off-season, special sales are arranged, and the counters are relatively independent, keeping a certain distance from other counters to ensure safety and smoothness;
(4) The area of retail premises is not less than 10 square meter, there are no other retail outlets of fireworks and firecrackers within 50 meters around, and a safe distance of 100 meters is maintained with key buildings such as schools, kindergartens, hospitals, bazaars and other crowded places, gas stations and other inflammable and explosive goods production and storage facilities;
(five) the retail premises are equipped with necessary fire fighting equipment, and obvious safety warning signs are posted;
(6) Other conditions stipulated by laws and regulations.
Article 17 When applying for a retail license, a retail operator shall submit an application form, a description of the security situation of retail outlets and their surroundings, and other materials required by the issuing authority.
Article 18 After accepting the application, the issuing authority shall conduct on-site verification of the application materials and the safety conditions of the retail premises. The person in charge of on-site verification shall put forward written verification opinions.
Article 19 The issuing authority shall make a decision on whether to issue a retail license within 20 working days from the date of accepting the application, and inform the applicant in writing. If no decision is issued, the reasons shall be explained in writing.
Article 20 The storage limit stipulated in the retail license shall be determined by the issuing authority according to the provisions of national standards or industry standards, combined with the security situation of retail outlets and their surroundings.
Article 21 The validity period of a retail license shall be determined by the issuing authority, and the longest period shall not exceed 2 years. After the expiration of the retail license, if you intend to continue to engage in the retail business activities of fireworks and firecrackers, or change the name of the retail point, the main person in charge, the retail place and the scope of the license within the validity period, you should re-apply for the retail license.
Chapter IV Supervision and Administration
Twenty-second wholesale enterprises and retail operators shall not purchase and sell fireworks and firecrackers that are illegally produced and operated, and fireworks and firecrackers whose product quality does not meet the national standards or industry standards.
Wholesale enterprises shall not sell fireworks and firecrackers to units or individuals that have not obtained retail licenses, and shall not sell fireworks and firecrackers that should be discharged by professional discharge personnel, such as fireworks bombs, to retail operators; Enterprises engaged in the wholesale of black powder and fuse shall not sell pyrotechnics, black powder and fuse to units or individuals without fireworks and firecrackers safety production licenses.
Retail operators shall purchase fireworks and firecrackers from wholesale enterprises, and shall not purchase, store and sell fireworks, black powder, fuses and other fireworks and firecrackers that should be discharged by professionals.
Twenty-third it is forbidden to store fireworks and firecrackers outside the storage (retail) places specified in the fireworks and firecrackers business license.
The variety, specification and quantity of fireworks and firecrackers stored in the fireworks and firecrackers warehouse shall not exceed the danger level and approved limit stipulated by national standards or industry standards.
The variety and quantity of fireworks and firecrackers stored in retail outlets shall not exceed the scope and limit stipulated in the fireworks and firecrackers business license.
Twenty-fourth wholesale enterprises should promptly and properly destroy illegal production, counterfeiting, expired, containing illegal drugs and other fireworks and firecrackers with serious quality problems.
The fireworks and firecrackers specified in the preceding paragraph collected by law enforcement inspection shall not be stored in the same inventory as normal fireworks and firecrackers.
Twenty-fifth 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 3 years for future reference.
The purchase and sale records of black powder and fuse wholesale enterprises shall be reported to the local county-level safety supervision bureau for the record within 3 days from the date of purchase and sale.
Twenty-sixth fireworks business units shall not lease, lend, transfer, buy or sell, falsely use or use forged fireworks business licenses.
Twenty-seventh fireworks business units shall hang the original fireworks business license in a prominent position in the business (office). A wholesale enterprise shall keep a copy of the wholesale license in the storage warehouse.
Twenty-eighth in violation of the procedures prescribed in these measures, beyond the authority or do not have the safety conditions prescribed in these measures, the issuing authority shall revoke its business license according to law.
Where a unit that has obtained a business license for fireworks and firecrackers terminates its business activities according to law, the issuing authority shall cancel its business license according to law.
Article 29 The issuing authority shall adhere to the principles of openness, fairness and impartiality, examine and issue the business license of fireworks and firecrackers in strict accordance with the provisions of these Measures, establish and improve the file management system and information management system of the business license of fireworks and firecrackers, and regularly publish the list of forensics enterprises to the society.
The provincial safety supervision bureau should strengthen the supervision and inspection of the business license of fireworks and firecrackers, and report the issuance and management of the business license of fireworks and firecrackers in the previous year to the General Administration of Safety Supervision before March 15 every year.
Thirtieth any unit or individual in violation of the "Regulations" and the provisions of these measures, have the right to report to the safety production supervision and management departments or supervisory organs and other relevant departments.
Chapter V Legal Liability
Article 31. Those who continue to operate fireworks and firecrackers without permission, beyond the scope of the license, and the license expires shall be ordered to stop illegal business activities, and be fined not less than 20,000 yuan but not more than 654.38+10,000 yuan, and the illegal business items and illegal income shall be confiscated.
Thirty-second wholesale enterprises have one of the following acts, shall be ordered to make corrections within a time limit and impose a fine of 5000 yuan to 30000 yuan:
(a) the establishment of fireworks storage warehouses in urban built-up areas, or the placement of drug samples in wholesale (exhibition) places;
(two) the purchase and sale of fireworks and firecrackers whose quality does not meet the national standards or industry standards;
(3) storing fireworks and firecrackers in warehouses in violation of national standards or industry standards;
(four) storing fireworks and firecrackers outside the warehouse specified in the fireworks and firecrackers business license;
(five) the fireworks and firecrackers with serious quality problems such as counterfeit, expired, excessive and illegal drugs are not destroyed in time;
(six) failing to implement contract management, flow registration system or fireworks flow management information system in accordance with the provisions;
(seven) did not report the purchase and sale records of black powder and fuse to the local county-level safety supervision bureau for the record;
(eight) after the new construction, renovation and expansion of storage facilities, the licensing procedures have not been re-applied;
(nine) change the name, principal responsible person and registered address of the enterprise, and fail to go through the formalities for changing the license;
(10) selling fireworks and firecrackers to units or individuals that have not obtained a retail license.
Article 33 If a wholesale enterprise commits any of the following acts, it shall be ordered to suspend business for rectification, its wholesale license shall be temporarily withheld according to law, and a fine ranging from 20,000 yuan to 654.38 million yuan shall be imposed, and its illegal business items and illegal income shall be confiscated; If the circumstances are serious, the wholesale license shall be revoked according to law:
(1) selling pyrotechnics, black powder and fuses to units or individuals that have not obtained the safety production license for fireworks and firecrackers;
(two) the supply of illegal production and operation of fireworks to retail operators;
(three) the supply of fireworks and firecrackers to retail operators that should be set off by professionals according to national standards.
Thirty-fourth retail operators have one of the following acts, shall be ordered to stop the illegal behavior, impose a fine of 65438 yuan to 0000 yuan, and confiscate the illegal business items and illegal income; If the circumstances are serious, the retail license shall be revoked according to law:
(a) the sale of illegal production and operation of fireworks;
(2) selling fireworks and firecrackers that should be set off by professionals according to national standards.
Thirty-fifth retail operators have one of the following acts, shall be ordered to make corrections within a time limit and impose a fine of 5000 yuan to 65000 yuan; If the circumstances are serious, a fine of 5000 yuan to 30000 yuan shall be imposed:
(a) change the name of the retail point, the main person in charge or the business premises, and fail to re-apply for the retail license;
(two) the number of stored fireworks exceeds the scope stipulated in the retail license.
Article 36 Where a fireworks business unit rents, lends, transfers or buys or sells a fireworks business license, it shall be ordered to stop the illegal act, impose a fine of 1 10,000 yuan but not more than 30,000 yuan, and revoke the fireworks business license according to law.
Whoever fraudulently uses or uses a forged business license for fireworks and firecrackers shall be punished in accordance with the provisions of Article 31 of these Measures.
Article 37 Where an applicant conceals relevant information or provides false materials to apply for a fireworks business license, the issuing authority will not accept it, and the applicant may not apply for a fireworks business license again within 1 year.
Those who obtain the business license of fireworks and firecrackers by cheating, bribery or other improper means shall be revoked, and the business unit shall not apply for the business license of fireworks and firecrackers again within 3 years.
Article 38 If the staff of the safety production supervision and management department abuses their powers, neglects their duties, engages in malpractices for selfish ends, and fails to perform the duties of examination, issuance, supervision and management of fireworks and firecrackers business licenses according to law, they shall be punished in accordance with the relevant provisions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 39 The administrative punishment stipulated in these Measures shall be decided by the supervision and administration department of production safety, and the administrative punishment for withholding or revoking the business license shall be decided by the issuing authority.
Chapter VI Supplementary Provisions
Fortieth fireworks business license is divided into original and duplicate, the original is hanging and the duplicate is folding, which have the same legal effect.
The business license for fireworks and firecrackers shall be uniformly stipulated by the General Administration of Safety Supervision.
Forty-first provincial safety supervision bureau may formulate detailed rules for implementation in accordance with relevant state laws, administrative regulations and the provisions of these measures.
Article 42 These Measures shall come into force as of 20 13 12 1, and the Measures for the Implementation of Fireworks and Firecrackers Business License issued by the General Administration of Safety Supervision on August 2 6, 2006 shall be abolished at the same time.