Fireworks and Firecrackers Management Department

Article 1 of Qinghai Province Fireworks and Firecrackers Safety Management Regulations In order to strengthen the safety management of fireworks and firecrackers, standardize business order, and ensure public safety and personal and property safety, in accordance with the "Work Safety Law" and "Fireworks and Firecrackers Safety" Management Regulations", "Measures for the Implementation of Fireworks and Firecrackers Business Licensing" (formerly the State Administration of Work Safety Order No. 65), "Fireworks and Firecrackers Production and Operation Safety Regulations" (formerly the State Administration of Work Safety Order No. 93), "Qinghai Province "Measures for the Supervision and Administration of Production Safety" (Qinghai Provincial Government Order No. 117) and other laws, regulations and rules are formulated based on the actual situation of the province. Article 2 The operation, storage, transportation and setting off of fireworks and firecrackers within the administrative area of ??this province must comply with these regulations. The production of fireworks and firecrackers is prohibited within the administrative areas of this province. Article 3 The term "fireworks and firecrackers" as mentioned in these regulations refers to fireworks and firecracker products and civilian black powder, pyrotechnic powder, fuses and other items used in the production of fireworks and firecrackers. Article 4 The people's governments at or above the county level shall strengthen the organization and leadership of the safety management of fireworks and firecrackers, and coordinate the management, storage, transportation, discharge and other safety management matters of fireworks and firecrackers. Township people's governments and sub-district offices should incorporate fireworks and firecracker safety management into grassroots social governance work and strengthen organization, coordination, guidance and supervision. Communities and village committees should cooperate in the work related to the safety management of fireworks and firecrackers, and strengthen publicity, education and guidance on the legal, civilized and safe discharge of fireworks and firecrackers. Article 5 Relevant departments of the people's governments at or above the county level shall be responsible for the safety management of fireworks and firecrackers according to the division of responsibilities. (1) Emergency management department 1. Responsible for the supervision and management of the safety production of fireworks and firecrackers, and issue fireworks and firecracker business (wholesale and retail) licenses in accordance with the principles of responsibilities and authority and graded certification; 2. New licenses for fireworks and firecracker business (wholesale) units Conduct safety condition reviews and safety facility design reviews for construction, renovation, and expansion construction projects; 3. Investigate and punish illegal production, storage, and operation of fireworks and firecrackers in accordance with the law; 4. Supervise and manage the safety education and training of fireworks and firecrackers employees; 5. Investigate and handle , Statistically analyze fireworks and firecracker production safety accidents, and announce relevant information to the public. (2) Public Security Department 1. Responsible for the safety management of fireworks and firecrackers, issuing fireworks and firecrackers road transport licenses, responsible for the traffic order management of dangerous goods fireworks and firecrackers transport vehicles, determining transportation routes, and inspecting road dangerous goods fireworks and firecrackers transport enterprises Strictly standardize transportation in accordance with the approved transportation routes and driving times; 2. Approval of large-scale fireworks display activities in accordance with the law and strengthen supervision and inspection of large-scale fireworks display activities; 3. Organize and investigate illegal production, operation, storage, transportation, mailing, and setting off of fireworks and firecrackers in accordance with the law Any act that constitutes a crime will be investigated for criminal responsibility in accordance with the law; 4. Inspect road dangerous goods fireworks and firecrackers transportation enterprises to install and hang warning signs on their special transportation vehicles in accordance with national standards; 5. Responsible for organizing the destruction and disposal of confiscated illegal fireworks and firecrackers and operating Fireworks and firecrackers discarded by the unit; 6. Cooperate with relevant departments to investigate and handle safety accidents related to illegal production and operation of fireworks and firecrackers, and emergency rescue work. (3) Supply and Marketing Department 1. The supply and marketing department is the competent department of the fireworks and firecrackers industry; 2. In accordance with the requirements of the provincial emergency management department in planning the layout of fireworks and firecrackers wholesale enterprises, determine the wholesale enterprises and cooperate with relevant departments to carry out the planning of fireworks and firecrackers business outlets; 3. Responsible for the safe operation of the fireworks and firecrackers wholesale and retail units in this system; 4. Carry out safety education and training for fireworks and firecrackers practitioners, and carry out publicity and education work to popularize fireworks and firecrackers safety knowledge, laws, regulations, and policies for the society. (4) The transportation department 1. Responsible for the verification and issuance of the vehicle qualifications of enterprises engaged in road transport of dangerous goods (explosives) and the "explosive transport" qualifications of their drivers and escorts; 2. Supervise and manage road dangerous goods in accordance with the law ( Explosives) transportation enterprise qualifications must be maintained and the technical level of special transportation vehicles must meet standards. (5) Market supervision and management department 1. Register fireworks and firecracker business units in accordance with the law and apply for business licenses; 2. Investigate and deal with illegal and illegal business activities such as trademark infringement, false propaganda, and sales of substandard products in the operation of fireworks and firecrackers in accordance with the law; 3. Responsible for Fireworks and firecrackers operating units shall conduct random inspections on product quality, and investigate and deal with illegal production and sales of substandard products in accordance with the law.

4. Responsible for the supervision and inspection of fireworks and firecracker prices, and prevent unfair competition such as price monopoly, price fraud, price profiteering and low-price dumping; 5. Guide and standardize the independent pricing behavior of operators and guide industry price self-discipline. (6) The Commerce Department shall cooperate with relevant departments to rectify and standardize the operating order of the fireworks and firecrackers market. (7) The radio and television department is responsible for using radio, film, television, and information network audio-visual programs to carry out public welfare publicity and education on safety production of fireworks and firecrackers, cooperate with relevant departments to jointly carry out various publicity activities, and conduct public opinion supervision of violations of safety production laws and regulations. (8) Communications management department: In accordance with the "Regulations on the Management of Communications Short Message Services", coordinate relevant departments to carry out public welfare publicity and education on fireworks and firecrackers, and cooperate in carrying out major safety production publicity activities. (9) Urban management department 1. Responsible for investigating and punishing the behavior of unauthorized occupation of roads and mobile sales of fireworks and firecrackers; 2. Responsible for investigating and punishing the behavior of setting off fireworks and firecrackers that affects urban environmental sanitation. (10) The fire department is responsible for guiding fireworks and firecracker operating units to implement their main responsibilities for fire safety and investigating and punishing fire safety violations. (11) Postal management department 1. Supervise mailing and delivery logistics enterprises to implement the inspection system for receiving and mailing in accordance with the law, and investigate and deal with the sending of fireworks and firecrackers in accordance with the law; 2. Participate in the investigation and handling of fireworks and firecrackers shipping accidents in accordance with the law, and implement prevention measures for units where accidents occur according to the division of responsibilities. Supervise and inspect the status of corrective measures. (12) Relevant departments such as development and reform, industry and information technology shall strictly control project access and licensing, and strictly prohibit fireworks and firecracker production projects from entering our province. Other relevant departments, in accordance with the principle of "safety first, prevention first, comprehensive management", actively participate in cracking down on illegal production, operation, storage, transportation, mailing, and setting off of fireworks and firecrackers. Article 6 Radio, television, newspapers, magazines, the Internet and other media should carry out public welfare publicity on the safety management of fireworks and firecrackers and the changing of customs. Schools and guardians of minors should educate minors on fireworks and firecracker safety knowledge. Article 7 The operation of fireworks and firecrackers shall implement unified procurement, unified wholesale and centralized management. The Provincial Federation of Supply and Marketing plans the layout of wholesale enterprises and determines wholesale enterprises, and the local city and state-level emergency management departments apply for fireworks and firecracker business (wholesale) licenses for wholesale enterprises. Only those who obtain a fireworks and firecracker business (wholesale) license can engage in wholesale business activities. Article 8 Units and individuals that operate, store, transport, and set off fireworks and firecrackers shall have corresponding safety conditions and establish corresponding safety management systems and operating procedures in accordance with relevant provisions of laws, regulations, and standards such as production safety, social security, and fire protection. . Article 9 Within the administrative region of this province, it is prohibited to operate, store, transport, or set off the following types of fireworks and firecrackers: (1) Firecrackers such as throwing, popping, and rubbing firecrackers. (2) Fireworks mixed with potassium chlorate. (3) Other fireworks and firecrackers that are prohibited from being sold and set off as stipulated by this province. Article 10 Fireworks and firecrackers wholesale enterprises shall comply with the quality standards stipulated by the state and the industry when selling fireworks and firecrackers. Product packaging shall comply with relevant national standards and be marked with the words "distribution by wholesale enterprises". Products that are not marked as distributed by wholesale enterprises shall not be sold. Article 11 Operators engaged in the retail sale of fireworks and firecrackers shall purchase fireworks and firecrackers from local wholesale enterprises that have obtained the "Fireworks and Firecrackers Business (Wholesale) License". Article 12 The distribution of wholesale enterprises shall comply with the requirements of the provincial emergency management department’s distribution planning. The establishment of fireworks and firecracker storage warehouses should comply with relevant national regulations and standards. Article 13 Enterprises engaged in the wholesale of fireworks and firecrackers should meet the following conditions: (1) They should have corporate legal person qualifications and have specialized safety management agencies and personnel. The main person in charge, the person in charge of safety production, and the safety production management personnel should Have safety knowledge and management capabilities in the operation of fireworks and firecrackers, and pass the training and assessment to obtain a certificate of qualification. Warehouse keepers and guards should receive training on professional knowledge of fireworks and firecrackers and pass the assessment. Other employees shall be qualified through safety knowledge training of their own unit. (2) A "Fireworks and Firecrackers Business (Wholesale) License" should be obtained, and fireworks and firecrackers storage warehouses are not allowed to be established in urban built-up areas; it is strictly prohibited to rent, lend, transfer, buy, sell, fraudulently use or forge a fireworks and firecrackers business license; it is strictly prohibited to license Business activities will be carried out during production shutdowns such as certificate expiration, rectification and renovation, severe weather, etc. (3) It should have warehousing facilities commensurate with its business scale and products.

The total building area of ??the warehouse should comply with the "Construction Standards for Wholesale Fireworks and Firecrackers Warehouses (Class II)" (Construction Standard 125-2009), and shall not be less than 5,400 square meters. The internal and external safety distances of the warehouse, warehouse layout, building structure, evacuation passages, walls, fire protection, explosion-proof, lightning protection, anti-static and other safety facilities and electrical facilities, etc., comply with national standards such as "Safety Code for Design of Fireworks and Firecracker Engineering" (GB50161) and industry standards. Storage areas and warehouses are equipped with monitoring facilities that comply with the "General Technical Conditions for Safety Monitoring Systems for Fireworks and Firecracker Enterprises" (AQ4101), and safety warning signs and signboards that comply with the "Safety Production Signs of Fireworks and Firecrackers" (AQ4114) are installed. Drug samples are not allowed to be placed in wholesale (display) places. (4) It must have distribution service capabilities commensurate with its business scale, products and sales area; it must have a "Road Dangerous Goods Transport Business License" issued by the transportation department, and the distribution vehicle must hold a "Fireworks and Firecrackers Road Transport License" , the total number of distribution vehicles should be no less than 10, and there should be transshipment and distribution points or institutions in key cities, states, and counties, and a mature chain operation network system. (5) The actual number of workers in the storage warehouse shall not exceed the approved number; it is strictly prohibited to store other explosives and other dangerous goods or to sell prohibited and excessive products. (6) Implement a safety production responsibility system for all employees, establish and implement safety inspections, hidden danger investigation and management, facilities and equipment management, safety education and training, safety investment guarantee, occupational health, labor protection supplies, emergency duty, warehouse management, and outside personnel management , warehouse monitoring system management, accident reporting and rescue and other safety management systems. (7) Participate in production safety liability insurance. Article 14 Fireworks and firecrackers wholesale enterprises shall establish and strictly implement contract management and flow registration systems, improve contract management and flow registration files, and retain them for three years for future reference. Article 15 A system for the sale, operation and distribution of fireworks and firecrackers shall be implemented. Fireworks and firecrackers sold by retail operators of fireworks and firecrackers are purchased and distributed uniformly by wholesale enterprises of fireworks and firecrackers. Wholesale enterprises of fireworks and firecrackers are not allowed to sell to retail stores or consumers Class A and B products that should be set off by personnel with professional qualifications in fireworks, and Class C and D products that require processing and installation. Article 16 Fireworks and firecrackers wholesale enterprises shall perform their duties of uniformly delivering fireworks and firecrackers to retail operators in accordance with regulations, and promptly repurchase the unsold fireworks and firecrackers products within the shelf life of retail operators of fireworks and firecrackers. Responsible for recycling fireworks and firecrackers that have not been sold by retail operators but have expired. Article 17 Fireworks and firecrackers retail operators shall sell fireworks and firecrackers within the scope of permission stipulated in the Fireworks and Firecrackers Business (Retail) License. No fireworks and firecracker business licenses may be rented, lent, transferred, bought and sold, used fraudulently or forged. Article 18 Fireworks and firecrackers are sold under a real-name system. Fireworks and firecrackers retail operators are not allowed to sell fireworks and firecrackers to minors under the age of 14 without guardians. Article 19 The retail operation of fireworks and firecrackers (specialized stores and counter stores) shall be established in accordance with the principles of “total quantity control, ensuring safety, reasonable layout, and moderate competition” and comply with the “Technical Specifications for Safety of Fireworks and Firecracker Retail Stores (Points)” ( AQ4128-2019) standards and specifications. Article 20 The establishment of a fireworks and firecracker retail store (specialty store or counter store) shall meet the following conditions: (1) The usable area of ??a fireworks and firecracker retail store shall be between 10 square meters and less than 200 square meters. The total construction area of ??a store selling fireworks and firecrackers over the counter should not be greater than 300 square meters. (2) The number of fireworks and firecrackers allowed to be stored in a fireworks and firecracker retail store should be determined based on its surrounding environment and usage area. The total quantity of fireworks and firecrackers cannot exceed 300 kilograms in specialty stores and 100 kilograms in counters. Stores may not store more than 300 boxes of fireworks and firecrackers, and counters may not store more than 100 boxes. (3) If the counter store’s usable area is less than 10 square meters, the storage capacity shall not exceed 20 boxes. (4) Fireworks and firecrackers retail establishments should not be set up in residential areas where residents gather, or under bridges or in culverts; they should not be connected to other rooms by stairs or openings; the rooms directly above the retail establishments should not be used as business premises, training classrooms, or No one is allowed to stay in the conference room; fireworks and firecracker retail locations are not allowed to be used as entry and exit channels for other production, business and living places. (5) Fireworks and firecrackers retail stores (points) should be selected in areas that fire vehicles can reach smoothly; when fireworks and firecrackers retail stores use temporary buildings, they should be set up independently.

(6) Beds should not be set up in fireworks and firecracker retail stores or retail points; they should not be set up in buildings with pipelines for transporting flammable and explosive substances such as oil and natural gas underground, indoors or above. (7) No other retail stores of fireworks and firecrackers shall be set up within 100 meters of the retail premises of fireworks and firecrackers. (8) Maintain a safe distance of no less than 100 meters from schools, kindergartens, hospitals, stations, commodity trading markets and other places where people gather, as well as gas stations and other production and storage facilities for flammable and explosive materials. (9) Maintain a safe distance of no less than 50 meters from various bridge and culvert facilities such as cross-river bridges, three-dimensional intersection bridges and vertical projection parts, pedestrian bridges, tunnels, culverts, etc. (10) Keep a safe distance of no less than 1.5 times the pole height from high-voltage lines and other power transmission and transformation facilities. (11) Fireworks and firecrackers retail establishments shall not be set up in military management areas, cultural relic protection areas and other areas where fireworks and firecrackers are prohibited; they shall not be set up in exhibitions, trade fairs, large stores (fields) and markets. (12) Participate in production safety liability insurance. Article 21 Fireworks and firecrackers (specialty stores and counter stores) retail operators shall comply with the following regulations: (1) Hang the business license and fireworks and firecrackers operation (retail) license in a conspicuous position of the specialty store or counter store. (2) Post safety warning signs such as "No Fireworks" and "Inflammable and Explosive". (3) When the usable area of ??a retail store is not greater than 100 square meters, at least two ammonium phosphate dry powder fire extinguishers of 5 kilograms or more are equipped; when the usable area is greater than 100 square meters, at least four ammonium phosphate dry powder fire extinguishers of 5 kilograms or more are equipped. , and divided into 2 set points. (4) Stored fireworks and firecrackers must not violate the types and storage limits of fireworks and firecrackers specified in the "Fireworks and Firecrackers Business (Retail) License". (5) It is prohibited to sell excessive, prohibited or illegal fireworks and firecrackers, Class A and B products set off by professionally qualified personnel, and Class C and D products that require processing and installation. (6) There must be no open flames in retail stores, and no open connectors on electrical circuits. When using ordinary electrical equipment, a horizontal projection distance of no less than 1.2 meters from fireworks and firecrackers should be maintained, and incandescent lamps, spotlights and other lamps that are prone to high temperatures must not be used. (7) Fireworks and firecrackers are not allowed to be set off around the business premises. (8) It is not allowed to sell fireworks and firecrackers in the streets and alleys. Article 22 Fireworks and firecrackers retail operators shall not operate fireworks and firecrackers beyond the prescribed operating period. They shall cease operations after the permitted operating period expires. Their unsold fireworks and firecrackers shall be repurchased or recycled by wholesale enterprises and shall not be stored by themselves. Article 23 It is prohibited to carry fireworks and firecrackers on public transport and into public places such as stations and theaters where people are concentrated; it is prohibited to mail fireworks and firecrackers; it is prohibited to carry fireworks and firecrackers in checked luggage, packages and mails. Article 24 Fireworks and firecracker business premises shall be equipped with and install public security video image information systems and other technical and physical defense equipment and facilities to prevent terrorist attacks, and the retention period of the collected video image information shall not be less than 90 days. Article 25 Fireworks and firecracker storage warehouses shall conduct security background checks for personnel in important positions. Operators of fireworks and firecrackers should promptly report to the local public security organs any persons who purchase large quantities and act suspiciously. Article 26 People's governments at or above the county level shall stipulate the locations where fireworks and firecrackers are prohibited and the specific surrounding areas, and set up obvious prohibition signs and warning signs in areas where fireworks and firecrackers are prohibited. Article 27 These regulations will come into effect on January 1, 2022, and will be valid until January 1, 2027. The former Qinghai Provincial Work Safety Supervision and Administration Bureau's "Notice on Issuance" (Qing'an Supervision [2018] No. 34) was abolished at the same time.