general provisions
Article 1 These Provisions are formulated in accordance with the Meteorology Law of the People's Republic of China, the Administrative Licensing Law of the People's Republic of China and other relevant provisions in order to regulate the design review and completion acceptance of lightning protection devices, safeguard national interests, and protect people's lives, property and public safety.
Article 2 The local competent meteorological departments at or above the county level shall be responsible for the design review and completion acceptance of lightning protection devices within their respective administrative areas. For counties (cities) without a meteorological authority, the next higher meteorological authority shall be responsible for the design review and completion acceptance of lightning protection devices.
Article 3 The design review and completion acceptance of lightning protection devices shall follow the principles of openness, fairness, impartiality, convenience to the people, high efficiency and reliable protection.
Article 4 Lightning protection devices for the following buildings (structures) or facilities shall be subject to design review and completion acceptance:
（1） Class I, II and III lightning protection buildings (structures) specified in the Code for Design of Lightning Protection of Buildings;
（2） Oil depot, gas depot, refueling station, liquefied natural gas, oil (gas) pipeline station, valve chamber and other facilities in explosive hazardous environment;
（3） Posts and telecommunications, transportation, radio and television, health care, financial securities, cultural education, cultural relics protection units, other immovable cultural relics, sports, tourism, amusement parks, information systems and other social public service facilities;
（4） Other places and facilities where lightning protection devices should be installed according to relevant regulations.
Article 5 The lightning protection device design shall not be delivered for construction without approval. The lightning protection device shall not be put into use until it has passed the acceptance.
Lightning protection devices for new, reconstructed and expanded projects must be designed, constructed and put into use simultaneously with the main works.
Article 6 The procedures and documents for the design review and completion acceptance of lightning protection devices shall be publicized according to law.
Chapter II Design Review of Lightning Protection Device
Article 7 The design of lightning protection devices shall be subject to the review system. The applicant shall file an application with the competent meteorological authority (hereinafter referred to as the licensing authority) specified in Article 2 of these Provisions and fill in the Application Form for Design Review of Lightning Protection Devices (Attached Tables 1 and 2).
Article 8 The following materials shall be submitted when applying for the review of the preliminary design of lightning protection devices:
（1） Application for Design Review of Lightning Protection Device (Attached Table 3);
（2） Master plan plan;
（3） Qualification certificates and qualification certificates of professional design units and personnel of lightning protection engineering;
（4） Preliminary design instructions, preliminary design drawings and relevant data of lightning protection device.
For projects requiring lightning risk assessment, lightning risk assessment report shall be submitted.
Article 9 The following materials shall be submitted when applying for the review of the construction drawing design of lightning protection devices:
（1） Application for Design Review of Lightning Protection Device (Attached Table 3);
（2） Qualification certificates and qualification certificates of professional design units and personnel of lightning protection engineering;
（3） Construction drawing design instructions, construction drawing design drawings and relevant data of lightning protection device;
（4） Relevant data of lightning protection products used in the design;
（5） Relevant technical evaluation opinions issued by lightning protection professional technical institutions recognized by local meteorological competent authorities.
If the lightning protection device has not undergone the preliminary design, the master plan shall be submitted; After preliminary design, the Approval Letter for Preliminary Design of Lightning Protection Devices (Schedule 4) shall be submitted.
Article 10 The application for design review of lightning protection devices shall be accepted if it meets the following conditions.
（1） Professional design units and personnel of lightning protection engineering have obtained the qualifications and qualifications specified by the state;
（2） The application materials submitted by the applicant are complete and conform to the legal form;
（3） For projects requiring lightning risk assessment, lightning risk assessment report has been submitted.
Article 11 If the application materials for the design review of lightning protection devices are incomplete or do not conform to the legal form, the licensing authority shall, within five working days from the date of receiving the application materials, inform the applicant of all the contents that need to be supplemented and corrected, and issue the Notice on the Supplement and Correction of the Design Review Materials of Lightning Protection Devices (Attached Tables 5 and 6). If it fails to inform within the time limit, it shall be deemed as accepted from the date of receiving the application materials.
Article 12 The licensing authority shall, within five working days from the date of receiving all the application materials, make a written decision on acceptance or rejection according to the acceptance conditions of these provisions in accordance with Article 32 of the Administrative Licensing Law of the People's Republic of China, and issue a Receipt of Acceptance of Lightning Protection Device Design Review (Schedule 7) for the application that is decided to be accepted. If the case is not accepted, the reasons shall be explained in writing.
Article 13 Review contents of lightning protection device design:
（1） The legality and authenticity of the application materials;
（2） Whether the design of lightning protection device meets the use requirements and relevant national technical specifications and standards stipulated by the competent meteorological authority under the State Council.
Article 14 The licensing authority shall make an examination decision within 20 working days from the date of acceptance.
If the design of lightning protection device has passed the review, the licensing authority shall complete the relevant review procedures and issue the Approval Letter for Design of Lightning Protection Device (Schedule 8). The construction unit shall carry out construction in accordance with the approved design drawings. If the lightning protection design needs to be changed or modified during construction, it must be submitted for approval according to the original procedure.
If the lightning protection device design is not qualified after review, the licensing authority shall issue the Letter of Opinion on Modification of Lightning Protection Device Design (Attached Table 9). After the applicant makes design modifications, it shall submit the design for approval according to the original procedure.
Chapter III Completion Acceptance of Lightning Protection Device
Article 15 The completion acceptance system shall be implemented for lightning protection devices. The applicant shall apply to the licensing authority and fill in the Application for Completion Acceptance of Lightning Protection Devices (Attached Table 10).
Article 16 The following materials shall be submitted for the completion acceptance of lightning protection devices:
（1） Application for Completion Acceptance of Lightning Protection Device;
（2） Design Approval of Lightning Protection Device;
（3） Qualification certificates and certificates of professional construction units and personnel of lightning protection engineering;
（4） Lightning Protection Device Test Report issued by a testing institution that has been certified by the competent meteorological authority of a province, autonomous region, or municipality directly under the Central Government as qualified for lightning protection device testing;
（5） Technical data such as as as built drawings of lightning protection devices;
（6） Lightning protection product factory certificate, installation record and test report issued by national recognized lightning protection product testing agency.
Article 17 The application for completion acceptance of lightning protection devices shall be accepted if it meets the following conditions.
（1） The design of lightning protection device has obtained the Approval for Design of Lightning Protection Device issued by the local meteorological authority;
（2） The professional construction units and personnel of lightning protection engineering have obtained the qualifications and qualifications specified by the state;
（3） The application materials submitted by the applicant are complete and conform to the legal form.
Article 18 If the application materials for the completion acceptance of lightning protection devices are incomplete or do not conform to the legal form, the licensing authority shall, within five working days from the date of receiving the application materials, inform the applicant of all the contents that need to be supplemented and corrected, and issue the Notice on the Correction of the Completion Acceptance Materials of Lightning Protection Devices (Schedule 11). If it fails to inform within the time limit, it shall be deemed as accepted from the date of receiving the application materials.
Article 19 The licensing authority shall, within five working days from the date of receiving all the application materials, make a written decision on whether to accept or reject the application according to the acceptance conditions of the present Provisions in accordance with the provisions of Article 32 of the Administrative Licensing Law of the People's Republic of China, and issue the Acceptance Receipt of Completion Acceptance of Lightning Protection Devices (Schedule 12) for the application that is decided to be accepted. If the case is not accepted, the reasons shall be explained in writing.
Article 20 Contents of completion acceptance of lightning protection devices:
（1） The legality and authenticity of the application materials;
（2） Whether the installed lightning protection devices meet the use requirements and relevant national technical specifications and standards stipulated by the competent meteorological authority under the State Council, and whether they are constructed in accordance with the approved construction drawings.
Article 21 The licensing authority shall make a decision on completion acceptance within five working days from the date of acceptance.
If the lightning protection device has passed the acceptance, the licensing authority shall complete the relevant acceptance procedures and issue the Lightning Protection Device Acceptance Certificate (Attached Table 13).
If the lightning protection device fails to pass the acceptance, the licensing authority shall issue Rectification Opinions on Lightning Protection Device (Attached Table 14). After rectification, acceptance shall be carried out according to the original procedure.
Chapter IV Supervision and Management
Article 22 An applicant shall not apply or pass a permit by means of deception, bribery or other means; It is not allowed to alter or forge the materials or documents related to the design review and completion acceptance of lightning protection devices.
Article 23 The local competent meteorological departments at or above the county level shall strengthen the supervision and inspection of the design review and completion acceptance of lightning protection devices, establish and improve the supervision system, and fulfill their supervision responsibilities. The public has the right to consult the supervision and inspection records.
Article 24 The competent meteorological department at a higher level shall strengthen the supervision and inspection of the design review and completion acceptance of lightning protection devices by the competent meteorological department at a lower level, and correct the violations in a timely manner.
Article 25 The local competent meteorological authorities at or above the county level, when conducting design review and supervision and inspection of the completion acceptance of lightning protection devices, shall not hinder normal production and business activities, nor claim or accept any property or seek other benefits.
Article 26 When units and individuals find that they are illegally engaged in the design review and completion acceptance of lightning protection devices, they shall have the right to report to the local meteorological authorities at or above the county level, which shall verify and deal with them in a timely manner.
Article 27 When performing their duties of supervision and inspection, the local competent meteorological departments at or above the county level shall have the right to take the following measures:
（1） Require the units or individuals under inspection to provide documents and materials related to building construction planning permission, lightning protection device design drawings, etc. for inquiry or copying;
（2） Require the inspected units or individuals to make explanations on the design, installation, testing, acceptance and use of lightning protection devices for buildings;
（3） Enter relevant buildings for inspection.
Article 28 When the local meteorological authorities at or above the county level conduct the design review and supervision and inspection of the completion acceptance of lightning protection devices, the units and individuals concerned shall support and cooperate, provide convenience for work, and shall not refuse or obstruct the performance of official duties according to law.
Article 29 The supervision and inspection personnel engaged in the design review and completion acceptance of lightning protection devices shall receive training and pass the examination before they can engage in supervision and inspection.
Chapter V Penalty Provisions
Article 30 Where an applicant conceals relevant information or provides false materials to apply for design review or completion acceptance permit, the relevant competent meteorological department shall not accept the application or grant administrative permit, and shall give a warning.
Article 31 If an applicant passes design examination or completion acceptance by cheating, bribery or other improper means, the relevant competent meteorological authority shall give a warning according to its authority, revoke its permit and may impose a fine of not more than 30000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 32 Whoever, in violation of these Provisions, commits one of the following acts shall be ordered by the competent meteorological department at or above the county level within the limits of its authority to make corrections, given a warning and may be fined not more than 30000 yuan; If it causes losses to others, it shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Altering or forging materials or documents related to the design review and completion acceptance of lightning protection devices;
（2） Concealing relevant information from the supervision and inspection institution, providing false materials or refusing to provide true materials reflecting its activities;
（3） The lightning protection device is designed and constructed without approval of the relevant competent meteorological authority;
（4） The lightning protection device is put into use without being accepted by the relevant competent meteorological authority upon completion.
Article 33 If the local competent meteorological department at or above the county level finds that an illegal act constitutes a crime in its supervision and inspection, it shall transfer it to the relevant department and investigate its criminal responsibility according to law; If the case does not constitute a crime, administrative penalty shall be imposed according to law.
Article 34 Where a state functionary causes a major lightning disaster accident due to his dereliction of duty in the design review and completion acceptance of lightning protection devices, the unit to which he belongs shall give him administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 35 Those who violate these regulations and cause fire, explosion, casualties and heavy property losses of the state or others due to lightning strikes shall be given administrative sanctions by the competent department to the person directly responsible; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 36 The competent meteorological departments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with these Provisions, formulate rules for their implementation and report them to the competent meteorological department under the State Council for the record.
Article 37 These Provisions shall come into force as of April 1, 2005.
Attachment:
Relevant provisions of the Administrative License Law of the People's Republic of China
Article 32 The administrative organ shall handle the application for administrative license submitted by the applicant according to the following circumstances:
（1） If the application item does not need to obtain an administrative license according to law, the applicant shall be informed immediately that it is not accepted;
（2） If the application matters are not within the scope of the administrative organ's functions and powers according to law, it shall immediately make a decision not to accept the application and inform the applicant to apply to the relevant administrative organ;
（3） If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot;
（4） If the application materials are incomplete or do not conform to the legal form, the applicant shall be informed of all the contents that need to be supplemented and corrected on the spot or once within five days. If the applicant fails to inform within the time limit, the application materials shall be accepted as of the date of receipt;
（5） If the application items fall within the scope of the administrative organ's functions and powers, the application materials are complete and conform to the legal form, or the applicant submits all the supplemented and corrected application materials according to the requirements of the administrative organ, the administrative license application shall be accepted.
When accepting or rejecting an application for administrative license, the administrative organ shall issue a written certificate with its own special seal and date.
Attached table: 1. Application Form for Design Review of Lightning Protection Device (preliminary design)
2. Application Form for Design Review of Lightning Protection Device (construction drawing design)
3. Application for Design Review of Lightning Protection Device (preliminary design construction drawing
Design)
4. Preliminary Design Approval of Lightning Protection Device
5. Notice on Correction of Design Review Data of Lightning Protection Device (preliminary design)
6. Notice on Correction of Design Review Data of Lightning Protection Device (construction drawing design)
7. Acceptance Receipt of Lightning Protection Device Design Review (preliminary design construction
Figure Design)
8. Lightning Protection Device Design Approval
9. Modification Proposal for Lightning Protection Device Design
Application for Completion Acceptance of Lightning Protection Device
11. Notice on Correction of Completion Acceptance Data of Lightning Protection Devices
Acceptance Receipt of Completion Acceptance of Lightning Protection Devices
Acceptance Certificate of Lightning Protection Device
14. Rectification Opinions on Lightning Protection Devices
