Regulation on the Safety Administration of Fireworks and Firecrackers (2016 Revision)

Regulation on the Safety Administration of Fireworks and Firecrackers (2016 Revision) Regulation on the Safety Administration of Fireworks and Firecrackers (Promulgated by Order No. 455 of the State Council of the People's Republic of China on January 21, 2006; and revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016) Chapter I General Provisions Article 1 This Regulation is formulated in order to strengthen the safety administration of fireworks and firecrackers, prevent blasting accidents and safeguard public security as well as personal and property safety. Article 2 The production, business operation, transport and lighting of fireworks and firecrackers shall be governed by this Regulation. The “fireworks and firecrackers” as mentioned in this Regulation refers to the products of fireworks and firecrackers as well as the black powder, gunpowder and firing lines, etc. for civil uses. Article 3 The State applies a licensing system to the production, business operation and transport of fireworks and firecrackers as well as the holding of fireworks evening parties or other large-scale fireworks shows. An entity or individual without approval shall not produce, deal in or transport fireworks and firecrackers or hold a fireworks evening party or any other large-scale fireworks show. Article 4 The supervisory and administrative department for work safety shall be responsible for the supervision and administration of work safety regarding fireworks and firecrackers. The public security organ shall be responsible for the public security management regarding fireworks and firecrackers. And the quality supervisory and inspection department shall be responsible for the quality supervision and import-export inspection of fireworks and firecrackers. Article 5 The public security organ, the supervisory and administrative department for work safety, the quality supervisory and inspection department and the administrative department for industry and commerce shall, in light of the division of functions, organize the investigation and punishment of illegal production, business operation, storage, transport or mailing of fireworks and firecrackers and of the illegal lighting of fireworks and firecrackers. Article 6 The main principal of an enterprise producing, dealing in or transporting fireworks and firecrackers or the entity holding a fireworks evening party or any other fireworks show shall take charge of the safety work of his own entity relating to the fireworks and firecrackers. An enterprise producing, dealing in or transporting fireworks and firecrackers or the entity holding a fireworks evening party or any other fireworks show shall establish and improve a safety responsibility system, formulate various safety management systems and operational rules, and regularly carry out safety-related education, legal education and on-the- job technical training to the operational staff. The All China Federation of Supply and Marketing Cooperatives shall strengthen the administration of business operations regarding fireworks and firecrackers of the enterprises within its own system. Article 7 The State encourages enterprises that produce fireworks and firecrackers to adopt new techniques, new formula and new technologies that can enhance the safety degree and increase the level of the whole industry. Chapter II Work Safety Article 8 An enterprise that produces fireworks and firecrackers shall meet the following conditions: (1)It shall conform to the local planning on industrial structure; (2)Its basic construction projects have been approved; (3)Its site selection shall conform to the town-country planning and have a necessary safe distance from surrounding buildings and facilities; (4)The design, structure and materials of its plants and warehouses as well as its fireproof, lightning-proof, static-proof and other safety facilities and equipment shall conform to the relevant criteria and norms of the state; (5)Its production equipment and techniques shall conform to the safety standards; (6)The types, specifications and quality of its products shall conform to the national standards; (7)It shall have a sound responsibility system regarding work safety; (8)It shall have a management organ for work safety and the full-time persons for the management of work safety; (9)It shall have gone through safety appraisal according to law; (10)It shall have an advance emergency handling and rescuing scheme for accidents, emergency handling and rescuing organization and personnel as well as necessary emergency handling and rescuing equipment and facilities; and (11)Any other condition as prescribed by laws or regulations. Article 9 An enterprise that produces fireworks and firecrackers shall, before going on stream, file an application for safety examination with the supervisory and administrative department for work safety under the people's government of the local districted city, and submit the relevant materials that can prove that the conditions prescribed in Article 8 of this Regulation are met. The supervisory and administrative department for work safety under the people's government of the local districted city shall put forward the preliminary safety examination opinions within 20 days upon receipt of the materials and submit them to the supervisory and administrative department for work safety under the people's government of the province, autonomous region or municipality directly under the Central Government for examination. The supervisory and administrative department for work safety under the people's government of the province, autonomous region or municipality directly under the Central Government for examination shall carry out the safety examination within 45 days upon receipt of the application, and shall issue upon verification a License for Work Safety of Fireworks and Firecrackers if the conditions are met, or shall explain the reasons if the conditions are not met. Article 10 An enterprise that produces fireworks and firecrackers shall apply for a license for work safety under this Regulation if it carries out basic constructions or technical reconstruction in order to expand its production capacity. An enterprise that produces fireworks and firecrackers shall not engage in the production of fireworks and firecrackers before it handles the registration formalities at the administrative department for industry and commerce upon the strength of a License for Work Safety of Fireworks and Firecrackers. Article 11 An enterprise that produces fireworks and firecrackers shall put itself into production in light of the types of products as verified in the license for work safety, and its producing procedures and activities shall conform to the relevant national and industrial standards. Article 12 An enterprise that produces fireworks and firecrackers shall carry out the education on work safety to its working staff, and carry out professional technical trainings to those working staff for such dangerous working procedures as mixing, granulating, filtrating, filling, ramming, pressing and cutting and moving the powder. No working staff member for dangerous working procedures may go to work before he passes the examination of the supervisory and administrative department for work safety under the people's government of the local districted city. Article 13 The raw materials used for producing fireworks and firecrackers shall conform to the national standards, and shall not exceed the prescribed dosage if there is such restriction in the national standards. No material that is prohibited from using or mating by the national standards may be used for producing fireworks and firecrackers. Article 14 An enterprise that produces fireworks and firecrackers shall, in accordance with the provisions in the national standards, indicate the lighting instructions on the products of fireworks and firecrackers, and print the warning marks of flammable and explosive dangerous goods on the packages of fireworks and firecrackers. Article 15 An enterprise that produces fireworks and firecrackers shall take necessary safety technical measures for keeping the black powder, gunpowder and firing lines and establish a registration system for the purchasing, obtaining and selling thereof so as to prevent the loss of black powder, gunpowder or firing lines; and shall timely report to the local supervisory and administrative department for work safety and public security organ in the case of any loss of black powder, gunpowder or firing lines. Chapter III Operation Safety Article 16 The business operations of fireworks and firecrackers can be divided into the wholesale and the r......