Provisions of Shenyang Municipality on the Administration of Setting off Fireworks and Firecrackers

Legal analysis: The time and place for prohibiting the sale and discharge of fireworks and firecrackers are: 2021kloc-0/2.20 to April 30, 2022, and the sale and discharge of fireworks and firecrackers are prohibited in the administrative area of Shenyang.

From May 1 2022, it will be strictly implemented in accordance with the Regulations of Shenyang Municipality on the Safety Management of Fireworks and Firecrackers (Order No.80 of Shenyang Municipal People's Government). Please refer to the following for details.

Legal basis: Regulations of Shenyang Municipality on the Safety Management of Fireworks and Firecrackers.

Article 1 In order to strengthen the safety management of fireworks and firecrackers, reduce the harm of fireworks and firecrackers to the atmospheric environment, safeguard the safety of the public and people and property, and maintain the public safety order, these Provisions are formulated in accordance with the Regulations on the Safety Management of Fireworks and Firecrackers and relevant laws and regulations, and combined with the actual situation of this Municipality.

Article 2 These Provisions shall apply to the operation (including storage), transportation and discharge of fireworks and firecrackers within the administrative area of this Municipality.

Article 3 These Provisions shall be implemented by the municipal, district and county (city) people's governments. The emergency management department is the administrative department in charge of the safety management of fireworks and firecrackers in this Municipality, and is responsible for the safety supervision and management of fireworks and firecrackers; The public security organ is responsible for the safety management of transportation and fireworks; The market supervision and management department is responsible for the product quality supervision of fireworks and firecrackers. The municipal, district and county (city) people's governments shall establish a coordination mechanism for the safety management of fireworks and firecrackers, and the departments of emergency management, public security, ecological environment, real estate, market supervision, transportation, urban management and social, cultural, educational, publicity and public affairs management units shall perform their respective duties according to the division of responsibilities.

Article 4 State organs, public organizations, enterprises, institutions and other organizations, community residents' committees and villagers' committees 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 about the safe discharge of fireworks and firecrackers. Newspapers, radio, television, internet and other media should do a good job in the publicity and education of fireworks safety management.

Article 5 The municipal, district and county (city) people's governments shall reward informants for reporting cases of illegal production, operation, storage, transportation and discharge of fireworks and firecrackers, and the specific measures shall be formulated by the municipal emergency management department.

Article 6 This Municipality shall, according to law, implement a licensing system for large-scale fireworks display activities such as the production, operation (including storage), transportation and holding of fireworks parties.

Article 7 The operation, storage, transportation and discharge of fireworks and firecrackers are prohibited in the following areas of this Municipality (hereinafter referred to as "forbidden areas"), except for important festivals and celebrations approved by the Municipal People's Government: (1) The area within the Third Ring Road of this Municipality (including the expressway around the city); (2) Administrative areas within the Fourth Ring Road of Dadong District; (three) the administrative area west of Shendan Expressway in Hunnan District and within the Fourth Ring Road; (four) the administrative area west of Jingha Expressway in Shenbei New District and within the Fourth Ring Road. During the early warning period of orange and red air pollution, fireworks and firecrackers are prohibited within the administrative area of this Municipality.

Article 8 It is forbidden to sell and set off fireworks and firecrackers in the following places and areas: (1) Within the safety protection zones of cultural relics protection units, museums and archives; (2) Important military facilities; (3) news organizations such as radio stations, television stations and newspapers; (4) Telecommunications, postal services and financial institutions; (five) large-scale energy and power facilities, water conservancy facilities, water, electricity, gas, heating facilities and power transmission and transformation facilities in the safety protection zone; (six) railway stations, passenger (cargo) stations, airports, subway stations, motor vehicles, bridges (including overpasses and overpasses), tunnels and other transportation hubs and railway line safety protection zones; (7) The place where inflammable and explosive articles are produced, sold and stored and the surrounding area 100 meters; (8) medical institutions, kindergartens, primary and secondary schools, nursing homes, teaching and scientific research units, large-scale cultural and sports venues, bazaars, shopping malls, supermarkets, cinemas, commercial pedestrian streets and other crowded public places; (nine) more than 10 floor or more than 24 meters around the building 10 meters; (ten) the implementation of property management area, in the area designated by the property enterprise; Where property management is not implemented, the discharge area shall be designated by the community neighborhood committee of the street office; (eleven) urban green space; (twelve) key fire prevention areas such as mountains and forests; (thirteen) other places where fireworks and firecrackers are prohibited as prescribed by the district and county (city) people's government. Where the specific areas and surrounding areas where fireworks and firecrackers are prohibited are clearly defined, the property right unit or management department shall set up obvious warning signs prohibiting fireworks and firecrackers, and be responsible for management and protection.

Article 9 When holding large-scale fireworks display activities such as fireworks parties during major celebrations and festivals, the organizer shall apply to the public security organ in accordance with the provisions on hierarchical management. The public security organ accepting the application shall, within 5 days from the date of accepting the application, review the relevant materials submitted, and issue a permit for the discharge of fireworks and firecrackers to those who meet the conditions, and the organizer shall be responsible for making an announcement to the public.

Article 10 Units and individuals that discharge fireworks and firecrackers shall discharge fireworks and firecrackers correctly and safely according to the discharge instructions. Fireworks and firecrackers shall not be set off on balconies, windows, corridors and roofs of shanty towns and residential buildings; Don't throw fireworks at pedestrians, vehicles and buildings; Shall not interfere with the safe passage of pedestrians and vehicles. /kloc-minors under the age of 0/4 should be accompanied by guardians or adult close relatives when setting off fireworks and firecrackers.

Eleventh wholesale enterprises and retail operators engaged in fireworks and firecrackers shall go through the relevant formalities according to law and obtain the business license of fireworks and firecrackers before engaging in fireworks and firecrackers business activities.

Article 12 Fireworks and firecrackers sold by fireworks and firecrackers wholesale enterprises shall meet the quality standards stipulated by the state and industry, and the product packaging shall meet the requirements of relevant national standards.

Thirteenth fireworks wholesale enterprises shall not supply fireworks products other than the specifications and varieties stipulated by the national standards to operators engaged in fireworks retail; Operators engaged in the retail of fireworks and firecrackers shall purchase fireworks and firecrackers from local wholesale enterprises that have obtained fireworks and firecrackers business (wholesale) licenses, and shall not sell fireworks and firecrackers products other than those prescribed by national standards.

Article 14 Fireworks wholesale enterprises and retail stores shall be set up in accordance with the principles of ensuring safety, total control, unified planning and rational layout, strictly control the number of fireworks retail stores outside the forbidden area, and prohibit the establishment of temporary retail outlets for fireworks in urban areas. The setting of fireworks storage warehouses shall conform to the relevant laws, regulations and standards of the state.

Fifteenth the establishment of fireworks retail stores shall comply with the relevant provisions, and there shall be no retail stores in the same building as the office building and residence, such as "in front of the building and behind the building". During the Spring Festival, retail stores will be supervised by special personnel and sold exclusively. In the off-season, long-term retail stores in rural areas should arrange special personnel to sell their counters. The counter is relatively independent and keeps a certain distance from other counters to ensure safety and smoothness. The area of retail stores shall not be less than 65,438+00 square meters, and the maximum reserve (total consumption) of each retail store shall not exceed 300 kilograms. Should also be equipped with fire fighting equipment, and set up obvious safety warning signs.

Sixteenth fireworks business (wholesale) license wholesale enterprises from other places, with the order contract to the public security organs to produce fireworks road transport license, can engage in fireworks transport activities.

In accordance with the principle of proximity, wholesale enterprises should provide fireworks and firecrackers distribution services to retail operators, and retail operators should accept the distribution services of wholesale enterprises and may not obtain fireworks and firecrackers extracted by wholesale enterprises themselves.

Wholesale enterprises transport (distribute) fireworks vehicles, and must submit the transport certificate of dangerous goods transport vehicles to the competent department of transportation, and go through the relevant procedures for road transport of fireworks and firecrackers to the public security organs. Vehicles transporting fireworks and firecrackers should be escorted by special personnel when driving on the road, and dangerous goods signs should be hung. If fireworks and firecrackers are transported across counties (cities) by road, the public security organs at the county (city) level shall issue the Permit for Road Transport of Fireworks and Firecrackers.

Seventeenth it is forbidden to carry fireworks and firecrackers on public transport and enter crowded public places such as stations, theaters and so on; It is forbidden to mail fireworks and firecrackers; It is forbidden to carry fireworks and firecrackers in checked luggage, parcels and mails.

Eighteenth fireworks wholesale enterprises and retail operators shall abide by the safety management regulations, hang the business license in a prominent position in the sales place, and store and sell fireworks and firecrackers according to the permitted scope, time and place stipulated in the business license; Wholesale enterprises should use the fireworks flow management information system, and retail operators should establish retail accounts to truthfully record the fireworks flow. Except the units and individuals that operate, store and transport fireworks and firecrackers according to law, no other unit or individual may store fireworks and firecrackers weighing more than 10 kg.

Article 19 Where fireworks and firecrackers are produced or sold without permission, or black powder, pyrotechnics and fuses are sold to units or individuals that have not obtained the safety production license for fireworks and firecrackers, the emergency management department shall order them to stop illegal production and business activities, impose a fine of more than 20,000 yuan and less than 6,543,800 yuan, and confiscate the illegal production and business items and illegal income. Illegal production, operation and transportation of fireworks and firecrackers, which constitutes a violation of public security management, shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 20 If large-scale fireworks display activities such as fireworks show are held without permission, or the fireworks display operation units and workers violate the fireworks display safety regulations and the fireworks display operation plan, the public security organs shall order them to stop the fireworks display, and impose a fine of 6,543,800 yuan to 50,000 yuan on the responsible units.

Article 21 Where fireworks and firecrackers are set off at a time, place or area where they are prohibited, or in a way that endangers the public and personal and property safety, the public security organ shall order them to stop setting off and impose a fine of more than 500 yuan 100 yuan; Those who violate the administration of public security shall be punished according to law.

Article 22 Where a fireworks and firecrackers wholesale enterprise supplies fireworks and firecrackers illegally produced and operated to fireworks and firecrackers retail operators, or supplies fireworks and firecrackers that should be discharged by professional fireworks and firecrackers discharge units according to national standards, the emergency management department shall order it to stop the illegal act, impose a fine of 20,000 yuan to 654.38 million yuan, and confiscate the illegally operated items and illegal income; If the circumstances are serious, the business license of fireworks and firecrackers shall be revoked. Operators engaged in the retail of fireworks and firecrackers illegally produce and operate fireworks and firecrackers, or sell fireworks and firecrackers that should be discharged by professionals according to national standards, and the emergency management department shall order them to stop the illegal behavior, impose a fine of more than 5,000 yuan and less than 65,000 yuan, and confiscate the illegally operated items and illegal income; If the circumstances are serious, the business license of fireworks and firecrackers shall be revoked.

Article 23 Whoever transports fireworks and firecrackers by road without permission shall be ordered by the public security organ to stop the illegal transportation activities, and be fined between 654.38 million yuan and 50,000 yuan, and the illegally transported articles and illegal income shall be confiscated.

Twenty-fourth road transport of fireworks, one of the following acts, the public security organs shall order it to make corrections, and impose a fine of more than 2,000 yuan in 200 yuan: (1) violation of transport permits; (two) did not carry the "fireworks road transport permit"; (three) transport vehicles are not hung or installed with warning signs of inflammable and explosive dangerous goods that meet the national standards; (four) the loaded fireworks do not meet the relevant national standards and norms; (five) the carriage loaded with fireworks is manned; (six) driving a dangerous goods transport vehicle at a speed exceeding the prescribed speed; (seven) transport vehicles stopped without special guards; (eight) other acts as prescribed by laws and regulations.

Article 25 Where fireworks and firecrackers are carried, mailed or entrained in checked luggage, parcels or mails on public transport, the public security organ shall confiscate the fireworks and firecrackers illegally carried, mailed or entrained, and may impose a fine ranging from 65,438 yuan to 0,000 yuan in 200 yuan.

Twenty-sixth administrative law enforcement personnel in the fireworks safety supervision and management of abuse of power, dereliction of duty, shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.

Twenty-seventh the provisions shall come into force as of March 6, 2020. The original Regulations on the Safety Management of Fireworks and Firecrackers in Shenyang (No.Shen Ling [20 18]7 1) shall be abolished at the same time.