Provisions of Qingdao City on Forbidding the Manufacture and Restricting the Sale and Setting Off of Fireworks and Firecrackers

· Area of Law： National Security Public Security

· Level of Authority： Regulations of Districted Cities

· Date issued：11-30-2006

· Effective Date：05-01-1994

· Status： Effective

· Issuing Authority： Shandong Province

Provisions of Qingdao City on Forbidding the Manufacture and Restricting the Sale and Setting Off of Fireworks and Firecrackers
(Adopted at the 7th Session of the Standing Committee of the 11th Qingdao Municipal People's Congress on January 7, 1994, approved at the 6th Session of the Standing Committee of the 8th Shandong Provincial People's Congress on February 22, 1994, promulgated by the Announcement of the Standing Committee of Qingdao Municipal People's Congress on February 22, 1994, and came into effect on May 1, 1994;Revised for the first time in accordance with the “Decision on the Revision of the Scope of Application of 19 Local Regulations Including ‘Regulations of Qingdao City on the Administration of Environment Noise' made at the 13th Session of the Standing Committee of the 11th Qingdao Municipal People's Congress” on September 24, 1994, approved at the 10th Session of the Standing Committee of the 8th Shandong Provincial People's Congress on October 12, 1994;Revised for the second time in accordance with the “Decision on the Revision of the Administrative Punishment Clauses on 10 Local Regulations Including ‘Regulations of Qingdao City on the Administration of Environment Noise'” made at the 32nd Session of the Standing Committee of the 11th Qingdao Municipal People's Congress on July 24, 1997, approved at the 29th Session of the Standing Committee of the 8th Shandong Provincial People's Congress on August 16, 1997;Revised for the third time in accordance with the “Decision on the Revision of the ‘Provisions of Qingdao City on Forbidding the Manufacture, Sale and Setting Off of Fireworks and Firecrackers'” made at the 8th Session of the Standing Committee of the 13th Qingdao Municipal People's Congress on December 18, 2003, approved at the 6th Session of the Standing Committee of the 10th Shandong Provincial People's Congress on January 6, 2004; Revised for the fourth time in accordance with the “Decision on the Revision of the ‘Provisions of Qingdao City on Forbidding the Manufacture and Restricting the Sale and Setting Off of Fireworks and Firecrackers'” made at the 30th Session of the Standing Committee of the 13th Qingdao Municipal People's Congress on October 28, 2006, approved at the 24th Session of the Standing Committee of the 10th Shandong Provincial People's Congress on November 30, 2006)
Article 1 With a view to safeguarding the safety of the State and collective property and citizens' lives and property, alleviating the urban environmental pollution, these Provisions are formulated in accordance with the provisions of relevant laws and regulations, and in the light of the actual circumstances of this City.
Article 2 These Provisions apply to Shinan, Shibei, Sifang and Licang districts and the built-up area of Laoshan District.
The scope of the built-up area of Laoshan District shall be published to the society by Laoshan District People's Government.
Article 3 The city and district people's governments shall strengthen the organization and guidance of the safety administration of fireworks and firecrackers.
The administrative department of production safety supervision shall be responsible for the administration of production safety supervision of fireworks and firecrackers, and the public security department shall be responsible for the public security administration of fireworks and firecrackers. The departments of urban administration law enforcement, industrial and commercial administration, environmental protection and communications shall, in accordance with their respective functions and duties, jointly do well in the administration related to fireworks and firecrackers.
Sub-district offices, neighborhood committees and other organs, enterprises, public institutions and news media shall do a good job of the publicity and education on these Provisions.
Article 4 No fireworks or crackers (including electronic or simulated firecrackers, similarly hereinafter) shall be set off at the following places:
(1) public sites with high density of population such as stations, docks and airports;
(2) hospitals, schools, kindergartens and recreation sites for the elderly;
(3) roofs, balconies, stairs, corridors and windows;
(4) mountain forest, green space, tourist attractions and scenic spots;
(5) funeral and interment places such as funeral homes and burial ground;
(6) units and sites under the above-municipal-level cultural relic protection;
(7) no-fire places such as fuel (gas) stations, liquefied gas supply stations (spots) and oil storerooms, and other sites where inflammable and explosive goods are produced or stored as well as the area within 100 meters around such sites; and
(8) other sites designated by the municipal people's government to have a ban on the display or discharge of fireworks and crackers.
Article 5 In the area other than the sites prescribed in Article 4, it is permitted to set off fireworks and firecrackers on the 23rd day of the twelfth lunar month, the Chinese New Year's Eve, the 1st, 2nd, 3rd and 15th days of the first lunar month. No fireworks or firecrackers shall be set off at any other times.
Where there is a need of pyrotechnics on a major festival or in a citywide celebration activity, the organizer shall apply to the city public security department for examination. The pyrotechnics shall be carried out at the appointed time and place after being approved and announced by the municipal people's government.
Article 6 It is advocated that the neighborhood committee and the proprietors' committee organize for residents of the neighborhood to set off fireworks and firecrackers in a concentrated manner in an open area during the permitted setting-off time, or organize for the residents to work out a residents' or proprietors' pact to agree on no setting off or setting off of fireworks and firecrackers in a concentrated manner at the set time and place.
Article 7 When fireworks or firecrackers are being set off, it is necessary to pay attention to personal and property safety, to take good care of public sanitation, to observe the social order, and to respect other people's rights to work, live, study and rest.
When fireworks or firecrackers are being set off, it is prohibited to toss the fireworks or firecrackers towards pedestrians, vehicles, buildings or structures, to endanger other people's safety, or to affect the traffic order.
Article 8 No units or individual persons shall manufacture fireworks or firecrackers.
Article 9 A wholesale enterprise of fireworks and firecrackers shall obtain the “(Wholesale) Business License of Fireworks and Firecrackers” in accordance with relevant provisions of the State.
The wholesale enterprise of fireworks and firecrackers shall not establish a storehouse for fireworks and firecrackers within the area to which these Provisions apply.
Article 10 A person who plans to engage in the retail business of fireworks and firecrackers shall apply to the administrative department of production safety supervision at the local district for the “(Retail) Business License of Fireworks and Firecrackers”.
Application for the “(Retail) Business License of Fireworks and Firecrackers” shall meet the following conditions:
(1) the business premises shall conform to the layout principle and the safety conditions of retail outlets;
(2) the person responsible and salespeople shall possess corresponding safety knowledge about the sales activity of fireworks and firecrackers;
(3) the sale shall be carried out in a specialized store or counter, and the system of safety management shall be established and amplified;
(4) the business premises shall be equipped with necessary fire control equipment, and distinct signs of safety warning shall be posted.
The district administrative department of production safety supervision shall, within 10 days from the date of receiving the application, make examination and render a decision on whether to approve the application. In case of refusal, reasons shall be given in writing to the applicant.
The retailer of fireworks and firecrackers shall buy fireworks and firecrackers from a wholesale enterprise of fireworks and firecrackers, and shall sell the fireworks and firecrackers from the 15th day of the twelfth lunar month to the 15th day of the first lunar month of the next year.
Article 11 No pulling-crackers, throwing-crackers, smashing-crackers or other fireworks and crackers with great danger shall be sold, or set off.
The variety and specification of fireworks and firecrackers the sale and setting off of which are under the ban shall be determined by the city administrative department of production safety supervision in conjunction with the city public security department, and shall be published before the 15th day of the ninth lunar month.
Article 12 Where a wholesale enterprise purchases fireworks and firecrackers or where fireworks are bought for the approved display thereof, an application shall be lodged to the city public security department for a “Permit for Road Transportation of Fireworks and Firecrackers”, and a carrier with prescribed qualification shall undertake the shipment thereof.
Article 13 No person shall carry fireworks or firecrackers on board the vehicle, ship, plane or any other public transit, and no fireworks or firecrackers shall be consigned for shipment or mailed.
Article 14 Any person who contravenes any of the Provisions shall be punished according to the following provisions:
(1) Any person who sets off fireworks and firecrackers in violation of the provisions shall be ordered by the public security department or the urban administration law enforcement department to stop the setting off and is liable to a fine of not less than 100 yuan but not more than 500 yuan;
(2) Any person who manufactures fireworks or firecrackers in violation of the provisions shall be ordered by the administrative department of production safety supervision to stop the illegal manufacture, and is liable to confiscation of the instruments, equipment and raw materials used for the illegal manufacture, the fireworks and firecrackers and illegal gains, and is liable to a fine of not less than 50,000 yuan but not more than 100,000 yuan if the person is a corporation or not less than 20,000 yuan but not more than 50,000 yuan if the person is an individual;
(3) Any person who deals with wholesale or retail of fireworks and firecrackers in violation of the provision shall be ordered by the administrative department of production safety supervision or the administrative department for industry and commerce to stop the illegal act, and is liable to confiscation of the fireworks and firecrackers and illegal gains, and to a fine of not less than 20,000 yuan but not more than 100,000 yuan if the person is a wholesaler or not less than 1,000 yuan but not more than 5,000 yuan if the person is a retailer;
(4) Any person who carries fireworks and firecrackers by road transport without permission shall be ordered by the public security department to stop the illegal transportation activity, and is liable to confiscation of the fireworks and firecrackers being transported and illegal gains, as well as to a fine of not less than 10,000 yuan but not more than 50,000 yuan; and
(5) Any person who carries fireworks or firecrackers on board public transit or who mails fireworks and firecrackers or sandwiches fireworks and firecrackers in luggages, parcels or mails is liable to confiscation by the public security department of such fireworks and firecrackers and to a fine of not less than 200 yuan but not more than 1,000 yuan.
The public security department shall arrange the destroying of the illegal fireworks and firecrackers confiscated as well as the old fireworks and firecrackers discarded.
Article 15 A person who contravenes any of these Provisions causing personal injury or property damage to other persons shall bear the liability to pay compensation according to laws. Where the damage is caused by a person with restricted or no civil capacity, his or her guardian shall bear the liability to pay compensation according to the law. Where the wrongful act goes against public security administration, the wrongdoer shall be given punishment therefor according to laws; where the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to laws.
Article 16 The first person to report and disclose the violation of these Provisions shall be rewarded by the punishment organ after investigation and verification.
Article 17 These Provisions shall be effective as of the date of its promulgation.