(hearing draft)
I. General principles
Article 1 In order to reduce the harm of fireworks and firecrackers to the ambient air quality, strengthen the safety management of fireworks and firecrackers, prevent and reduce personal injuries and property losses, and ensure public safety, according to the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC), the Regulations on the Safety Management of Fireworks and Firecrackers in People's Republic of China (PRC) (Order No.455 of the State Council) and the Implementation Measures for the Business License of Fireworks and Firecrackers (Order No.455 of the State Council).
Notice "(Hunan Zhengban made [2013] No.4), combined with the actual situation of Chenzhou City, these measures are formulated.
Second organs, organizations, enterprises and institutions, other organizations and citizens within the urban area of Chenzhou City shall abide by these measures.
Article 3 The establishment of wholesale and retail outlets of fireworks and firecrackers in Chenzhou City shall follow the principles of total control, ensuring safety, facilitating citizens and rational layout, and meet the requirements of laws, regulations and technical specifications.
Article 4 Chenzhou City shall set up areas where fireworks and firecrackers are prohibited and areas where fireworks and firecrackers are restricted. The key areas in the city are areas where fireworks and firecrackers are prohibited, and others are restricted areas.
The key areas in Chenzhou refer to the urban areas including Beihu Branch of the Municipal Environmental Protection Bureau, Chenzhou Comprehensive Vocational Secondary School, the family areas along Jiang Yan Road of the Municipal Audit Bureau, the surrounding areas of the Municipal Environmental Protection Bureau, and Matouling Middle School (see the list of restricted burning areas in Chenzhou for details).
The storage, transportation and operation of fireworks and firecrackers are prohibited in key areas of Chenzhou City. No unit or individual may set off fireworks and firecrackers in the no-burn period and no-burn zone. During the Spring Festival, fireworks and firecrackers will be set off in a limited amount according to laws and regulations, and the principle of licensing and comprehensive management will be implemented for major celebrations.
Article 6 The District People's Government, the Administrative Committee of the Development Zone and the sub-district offices in key areas of Chenzhou City shall strengthen the leadership over the safety management of fireworks and firecrackers in storage, prohibition and sale, and urge relevant departments to do a good job in the safety management of fireworks and firecrackers in accordance with the division of responsibilities.
The safety production supervision and management department is responsible for the safety production supervision and management of fireworks and firecrackers; Guide the safety standardization of fireworks and firecrackers industry, and guide and promote the basic work of safety production in fireworks and firecrackers industry; Responsible for the rectification and supervision of major safety hazards in production economic units of fireworks and firecrackers industry, and organize special safety rectification; Supervise and manage the social intermediary institutions and safety evaluation of fireworks and firecrackers industry.
The public security organ is responsible for the safety management of transportation and fireworks; Organize the destruction and disposal of waste and confiscated illegal fireworks and firecrackers, and investigate and deal with criminal cases of illegal production, sale, storage, transportation and mailing of fireworks and firecrackers; Under the unified organization and leadership of the local people's government, a joint law enforcement mechanism will be established in conjunction with safety supervision, industry and commerce, quality supervision and other relevant departments to crack down on illegal production, operation and storage of fireworks and firecrackers according to law.
The municipal industrial and commercial department is responsible for strictly adhering to the pre-approval system, approving and registering according to law, and strictly controlling market access; Investigate and punish illegal acts of unlicensed fireworks and firecrackers in production and business activities according to law; Investigate and deal with illegal acts such as selling counterfeit registered trademarks, factory names and addresses, and "three noes" fireworks and firecrackers according to law; Cooperate with quality supervision, safety supervision and other relevant functional departments to check and ban the sale of inferior fireworks and engage in production and business activities involving safety production without a license.
The quality and technical supervision department is responsible for the product quality supervision and management in the field of fireworks production, and severely crack down on illegal activities such as the production of fake and shoddy fireworks and firecrackers.
Urban management and administrative law enforcement departments are responsible for investigating and handling illegal fireworks and firecrackers.
The municipal civil affairs department shall be responsible for the publicity, education and supervision of illegal fireworks and firecrackers in funeral service activities according to law.
Other organs, organizations, enterprises, institutions and organizations in Chenzhou City shall assist the safety supervision, public security, urban management and administrative law enforcement departments to do a good job in the safety management of fireworks and firecrackers in key urban areas.
Seventh Chenzhou District People's governments, Development Zone Management Committee, neighborhood offices, residents' committees and organs, organizations, enterprises, institutions, other organizations and citizens shall carry out publicity and education activities on the lawful, civilized and safe discharge of fireworks and firecrackers.
Primary and secondary schools should educate students to set off fireworks and firecrackers according to law, civilization and safety.
Radio, television, newspapers, Internet and other media should do a good job in the publicity and education of fireworks safety management.
Two. Supervision and management of production ban, storage ban and embargo
Article 8 Units and individuals engaged in the business (including storage) and transportation of fireworks and firecrackers in Chenzhou City shall establish corresponding safety management systems in accordance with the relevant national safety production norms, public security and fire control laws and regulations, and shall not engage in the production, business (including storage) and transportation of fireworks and firecrackers in key areas.
Third, the supervision and management of the sale ban.
Ninth in key areas of Chenzhou City, shall not be issued "fireworks business (wholesale) license", "fireworks business (retail) license".
Sub-district offices shall organize and supervise the implementation according to law, and the residents' committees and owners' committees shall report it in time.
Article 10 Beihu District and Suxian District Safety Production Supervision and Management Bureau shall be responsible for the issuance and management of fireworks and firecrackers business (retail) licenses in their respective jurisdictions, and the issuance period and business scope shall comply with the provisions of Article 9 of these Measures.
Eleventh fireworks retail outlets shall not be located in the same building as residents' living places (it is strictly forbidden to operate fireworks products in shops and houses in front of them or strictly control the retail volume of fireworks).
Twelfth fireworks business (wholesale, retail) enterprises are prohibited from operating (including storage) the following varieties of fireworks:
(a) throwing, pulling, smashing, turning, drilling and multi-ring (including double ring) setting off firecrackers;
(2) Hand-held beading fireworks, off-line fireworks, toy gun fireworks, ground fireworks with sonic boom, and fireworks bombs of various specifications;
(3) Combined fireworks with an included angle of less than 90 degrees with the ground or secondary explosion after liftoff;
(four) firecrackers with a length of more than 50 mm and a diameter of more than 8 mm;
(five) firecrackers mixed with potassium chlorate, with a single charge of more than 0.2 grams;
(6) Fireworks mixed with potassium chlorate;
(seven) other fireworks prohibited by laws and regulations.
Fourth, the supervision and management of the ban on burning.
Thirteenth key areas of Chenzhou City prohibit the discharge of fireworks and firecrackers at any time, and restrict the discharge of fireworks and firecrackers except those stipulated in Article 12 of these Measures at the specified time and place.
Fourteenth units and individuals that set off fireworks and firecrackers shall abide by the following provisions:
(a) individuals are not allowed to set off fireworks and firecrackers that should be set off by professionals according to national standards;
(2) No fireworks and firecrackers shall be thrown at pedestrians, vehicles and buildings;
(3) No fireworks or firecrackers may be hung on buildings;
(four) shall not hinder the safe passage of pedestrians and vehicles;
(five) fireworks weighing more than 30 kilograms shall not be stored;
(six) the variety of fireworks and firecrackers discharged by individuals is limited to firecrackers, double-ring firecrackers and combined fireworks with an inner diameter of less than 46 mm.
Minors under the age of fourteen who set off fireworks and firecrackers shall be accompanied by guardians or adult close relatives.
Fifteenth Chenzhou city limits the discharge of fireworks and firecrackers, except during the Spring Festival and approved major celebrations and festivals, it is forbidden to discharge fireworks and firecrackers at other times.
During the Spring Festival, the specific time for setting off fireworks and firecrackers is from the 24th of the twelfth lunar month to the fifth day of the first month of the following year, and from 7: 00 to 22: 00 every day on the 15th of the first month, and New Year's Eve can be extended to 2: 00 the next day.
Outside the urban area of Chenzhou City, the district people's governments shall, according to the needs of safeguarding public safety and interests, determine the area and time to limit the discharge of fireworks and firecrackers.
Sixteenth major celebrations need to hold fireworks and other large-scale fireworks display activities, which need to be audited by the public security organs in advance; The public security organ shall issue a license to those who meet the safety requirements for fireworks and firecrackers. Organizers set off fireworks and firecrackers in the specified time and area.
If other celebration activities need to hold fireworks parties, they shall be audited by the public security organs and announced to the public.
Seventeenth in Chenzhou City, it is forbidden to set off fireworks and firecrackers in the area where weddings and funerals are held. To change customs, use electronic guns and other fireworks substitutes, and fireworks are not allowed to be set off.
Article 18 Hotels and hotel operators who undertake wedding services in the area where fireworks and firecrackers are prohibited in Chenzhou City shall inform the citizens who hold weddings in their hotels and restaurants in advance of the provisions prohibiting fireworks and firecrackers, and make it clear in the contract. At the same time, in the three-package responsibility area of city appearance and environmental sanitation, fireworks and firecrackers are discouraged for wedding activities.
Verb (abbreviation of verb) legal responsibility
Nineteenth of the business (including storage), transportation of fireworks and firecrackers there are security risks, by the safety production supervision and management departments, public security organs shall be ordered to make rectification within a time limit.
Article 20 Units and individuals that operate (including stores), transport and set off fireworks and firecrackers in violation of these measures have the right to stop and report to the safety production supervision and management department, the municipal urban management and administrative law enforcement department, the industrial and commercial department, the civil affairs department and the public security organ, and the safety production supervision and management department, the municipal urban management and administrative law enforcement department, the industrial and commercial department, the civil affairs department and the public security organ shall handle the report promptly after receiving it.
Article 21 Party and government organs, people's organizations, state-owned enterprises, institutions and their staff at all levels shall abide by the relevant provisions prohibiting the discharge of fireworks and firecrackers and take the lead in stopping the discharge of fireworks and firecrackers. If they refuse to comply, the relevant departments shall, according to their functions and powers, give a warning to the responsible leaders and the directly responsible personnel according to law.
Twenty-second party and government organs at all levels, people's organizations, state-owned enterprises and institutions shall abide by the provisions of stopping the discharge of fireworks and firecrackers in wedding affairs.
In case of setting off fireworks and firecrackers in violation of the above provisions, in addition to accepting administrative punishment, according to the seriousness of the case, the relevant departments shall, according to their functions and powers, give criticism and education, order inspection, admonish conversation, informed criticism and other treatments.
Supplementary clause of intransitive verbs
Twenty-third the term "above" includes the number, and the term "below" does not include the number.
Article 24 Reporting telephone numbers: 1 10 (Municipal Public Security Bureau), 21991/kloc-0 (Municipal Administration of Work Safety), 123 19 (Municipal Administration and Law Enforcement Bureau).
Article 25 Schedule: List of fire-forbidden zones and fire-restricted zones in key areas of Chenzhou City.
Article 26 These Measures shall come into force as of 20071October 2065438+ 1 day.