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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II MONITORING AND PRECAUTION CHAPTER III PROJECTS OF PROTECTION AGAINST THUNDER CHAPTER IV PROTECTIVE TESTS AGAINST THUNDER CHAPTER V SURVEY, AUTHENTICATION AND EVALUATION OF THUNDER AND LIGHTNING DISASTERS CHAPTER VI PROTECTIVE PRODUCTS AGAINST THUNDER CHAPTER VII PENALTY PROVISIONS CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Measures are formulated in accordance with the relevant legal provisions in the "Meteorology Law of the People's Republic of China", the "Administrative License Law of the People's Republic of China" and other laws and regulations for the purpose of strengthening the work of the protection against thunder and lightning disasters, protecting the state's benefits and the safety of people's lives and properties, maintaining public security, and promoting economic construction and social development. Article 2. Organizations and individuals that engage in the activities of protecting against and mitigating thunder and lightning disasters inside the territory of the People's Republic of China or inside other sea areas under the jurisdiction of the People's Republic of China shall abide by these Measures. Protecting against and mitigating thunder and lightning disasters as mentioned in these Measures shall mean the activities of protecting against and mitigating thunder and lightning disasters, including the research on, monitoring of, precaution of and protection against thunder and lightning or thunder and lightning disasters, as well as the investigation, authentication and evaluation, etc. of thunder and lightning disasters. Article 3. The principles of putting safety first, emphasizing prevention, combining prevention with control shall be practiced to the work of protecting against and mitigating thunder and lightning disasters. Article 4. The institution in charge of meteorology of the State Council shall take charge of organizing, administering and guiding the national work of protecting against and mitigating thunder and lightning disasters. A local institution in charge of meteorology at any level shall, under the leadership of the institution in charge of meteorology at the higher level and the people's government at the present level, take charge of organizing and administering the work of protecting against and mitigating thunder and lightning disasters within its own jurisdiction. Other relevant departments of the State Council and other relevant departments of the local people's government at each level shall, upon their duties, respectively do a good job in their own work of protecting against and mitigating thunder and lightning disasters, and shall accept the supervision and administration of their respective institutions in charge of meteorology at the same level. Article 5. The state encourages and supports the scientific and technological research and development for protecting against and mitigating thunder and lightning disasters, popularizes and applies the scientific and technological research achievements in protecting against thunder, strengthens the standardization of the work of protecting against thunder, improves the technical level in protection against thunder, carries out popular science propaganda on protection against and mitigation of thunder and lightning disasters, and enhances the whole people's consciousness of protecting against and mitigating thunder and lightning disasters. Article 6. Where a foreign organization or individual engages in the activities of protecting against and mitigating thunder and lightning disasters inside the territory of the People's Republic of China or any other sea area under the jurisdiction of the People's Republic of China, it/he shall be approved by the institution in charge of meteorology of the State Council jointly with other relevant departments, be archived in the local institution in charge of meteorology at the provincial level, and accept the supervision and administration of the local institution in charge of meteorology at the provincial level. CHAPTER II MONITORING AND PRECAUTION Article 7. The institution in charge of meteorology of the State Council shall organize the relevant departments to, in light of the principles of reasonable layout, information sharing and effective utilization, make planning of the national thunder and lightning monitoring network, so as to avoid building redundant projects. The local institution in charge of meteorology at each level shall organize the construction of thunder and lightning monitoring network within its own jurisdiction, so as to protect against thunder and lightning disasters. Article 8. The institution in charge of meteorology at each level shall strengthen the construction of the thunder and lightning disaster precaution system, and improve its service capacities in precaution of, protection against and mitigation of thunder and lightning disasters. Article 9. The meteorological offices/stations under the institution in charge of meteorology at each level shall carry out monitoring of thunder and lightning, the meteorological offices/stations in conditioned localities shall carry out thunder and lightning forecast, and timely publish the forecast to the public. Article 10. The institution in charge of meteorology at each level shall organize relevant departments to strengthen their research on the basic theories such as the principle on occurrence of thunder and lightning or thunder and lightning disasters, as well as the application theories on the technologies on protecting against thunder and lightning disasters, and to, in addition, strengthen their research and development of the technologies on protecting against and mitigating thunder and lightning disasters and the system for monitoring and precaution of thunder and lightning. CHAPTER III PROJECTS OF PROTECTION AGAINST THUNDER Article 11. The devices for protecting against thunder and lightning disasters, which are installed on a newly built, enlarged or rebuilt building (structure) or any other facility (hereinafter referred to as protective devices against thunder), shall meet the requirements for use as prescribed by the institution in charge of meteorology of the State Council, and an entity with corresponding eligibility for professional protective engineering design or installation against thunder shall undertake the design or installation work. The protective devices against thunder as mentioned in these Measures shall mean the general reference to the arrester, down leading line, ground device, surge protective device, and other connecting conductors. Article 12. An eligibility accreditation system shall be adopted to professional protective engineering design and installation against thunder. The eligibilities for professional protective engineering design or installation against thunder shall be divided into three grades, namely, Grade A, Grade B and Grade C, and the administration by grades shall be adopted. The eligibilities of Grade A shall be accredited by the institution in charge of meteorology of the State Council; and the eligibilities of Grade B and Grade C shall be accredited by the institution in charge of meteorology of the province, autonomous region, or municipality directly under the Central Government. Article 13. An entity engaging in professional protective engineering design or installation against thunder may not undertake professional protective engineering design or installation against thunder within the scope permitted by its eligibility grade unless it has obtained the corresponding eligibility certificate in accordance with the relevant legal provisions. The specific measures shall be separately formulated by the institution in charge of meteorology of the State Council. Article 14. An entity engaging in professional protective engineering design or installation against thunder shall undertake the professional protective engineering design or installation against thunder in light of its corresponding eligibility grade. It is prohibited to undertake professional protective engineering design or installation against thunder without the certificate or beyond the eligibility grade. Article 15. An examination and check system shall be adopted to the design of protective devices against thunder. A local institution in charge of meteorology at the county level or above shall, in accordance with the relevant legal provisions, take charge of examining and checking the design of the protective devices against thunder within its own jurisdiction. With respect to a design program examined and checked to be qualified, the institution in charge of meteorology that takes charge of the examination and check shall issue a ratification testimonial. If, however, the design program is unqualified, the institution in charge of meteorology that takes charge of the examination and check shall make a decision on refusing to ratify it, and inform the party concerned in writing of the reason. A design program that has not been examined and checked or is examined and checked to be unqualified shall not be delivered for installation. Article 16. The installation entity of a project of protection against thunder shall install the devices according to the design program which is consented to after examination and check, and shall accept the supervision and administration of the local institution in charge of meteorology. Where the design program is modified or amended in the process of installation, the party concerned shall re-apply for examination and check pursuant to the original procedures for application. Article 17. A completion-based check and acceptance system shall be adopted to the protective devices against thunder. A local institution in charge of meteorology at the county level or above shall, in accordance with the relevant legal provisions, take charge of completion-based check and acceptance of the protective devices against thunder which are installed in the newly built, enlarged and rebuilt buildings (structures) and other facilities within its own jurisdiction. The institution in charge of meteorology that takes charge of check and acceptance shall, after receipt of the application, make verification on the basis of the test report issued by the entity with corresponding eligibility for protective tests against thunder. If it is checked to be qualified and is accepted, the institution in charge of meteorology shall issue a certificate of conformity. If, however, it is checked to be unqualified, the institution in charge of meteorology that takes charge of check and acceptance shall make a decision on refusal of ratification, and inform the party concerned in writing of the reason. The protective devices against thunder may not be put into use before the certificate of conformity is issued. Article 18. An entity for protective tests against thunder that issues a test report shall test a concealed project, if any, item by item, and shall be responsible for the result of the test. The test report shall be regarded as the technical basis for completion-based check and acceptance. CHAPTER IV PROTECTIVE TESTS AGAINST THUNDER Article 19. A regular test system shall be adopted to the protective devices against thunder which have been put into use. The protective devices against thunder shall be tested once every year, and the protective devices against thunder in an environment with the danger of explosion shall be tested once every half a year. Article 20. An eligibility accreditation system shall be adopted to the entities engaging in protective tests against thunder. The institution in charge of meteorology of each province, autonomous region, or municipality directly under the Central Government shall take charge of the eligibility accreditation of the entities engaging in protective tests against thunder within its own jurisdiction. The specific measures shall be separately formulated by the institution in charge of meteorology of each province, autonomous region, or municipality directly under the Central Government. Article 21. An entity with the eligibility for protective tests against thunder shall, after testing some certain protective devices against thunder, issue a test report. If the devices are tested to be unqualified, the said entity shall propose its rectification opinions. If the testee refuses to make rectification or remains to be unqualified after rectification, it shall be ordered by the local institution in charge of meteorology to make (further) rectification within a time limit. An entity engaging in protective tests against thunder must implement the relevant standards and criteria of the state, and guarantee the authenticity, scientificity and impartiality of the reports on protective tests against thunder. Article 22. The owner of some certain protective devices against thunder shall designate special persons to take charge of doing a good job in daily maintenance of the protective devices against thunder. It/he shall, when finding any concealed trouble existing in the protective devices against thunder, take measures in time to deal with the matter. Article 23. An entity or individual having installed protective devices against thunder shall apply for annual test on its/his initiative, and shall accept the administration, supervision and inspections of the local institution in charge of meteorology and the administrative department of work safety of the local people's government. CHAPTER V SURVEY, AUTHENTICATION AND EVALUATION OF THUNDER AND LIGHTNING DISASTERS Article 24. The institution in charge of meteorology at each level shall take charge of organizing the survey, authentication and evaluation of thunder and lightning disasters. Other relevant departments and entities shall cooperate with the local institution in charge of meteorology in doing a good job in survey, authentication and evaluation of thunder and lightning disasters. Article 25. An organization or individual that suffers from a thunder and lightning disaster shall timely report to the local institution in charge of meteorology, and assist the local institution in charge of meteorology in surveying and authenticating the thunder and lightning disaster. Article 26. The local institution in charge of meteorology at each level shall timely report the situation of heavy thunder and lightning disasters within its own jurisdiction as well as the annual information on thunder and lightning disasters to the local people's government and the institution in charge of meteorology at the higher level. Article 27. The institution in charge of meteorology at each level shall organize the evaluation on the thunder strike risks of the construction projects within its jurisdiction such as large construction projects, key projects, environment with danger of explosion, etc., so as to guarantee the public security. CHAPTER VI PROTECTIVE PRODUCTS AGAINST THUNDER Article 28. A protective product against thunder shall meet the requirements for use as prescribed by the institution in charge of meteorology of the State Council. Article 29. A protective product against thunder shall pass formal authentication, and shall be tested by the inspection institution authorized by the institution in charge of meteorology of the State Council to be qualified before being put into use. An institution engaging in inspection of the quality of protective products against thunder, which provides impartial data to the public, shall pass the metrological certification or obtain the qualification accreditation in accordance with the relevant legal provisions of the state. Article 30. To use a protective product against thunder, the user shall apply to the institution in charge of meteorology of the province, autonomous region, or municipality directly under the Central Government for archival filing, and shall accept the supervision and inspections of the institution in charge of meteorology of the province, autonomous region, or municipality directly under the Central Government. CHAPTER VII PENALTY PROVISIONS Article 31. Where an applicant entity conceals the relevant information or provides false materials to apply for the license for eligibility accreditation, examination and check of the design, or completion-based check and acceptance, the relevant institution in charge of meteorology shall not accept the application or not grant the administrative license, and shall admonish the applicant entity. Consequently, the applicant entity shall not re-apply for eligibility accreditation within one year. Article 32. Where a licensed entity obtains the eligibility and passes the examination and check of design or the completion-based check and acceptance by fraud or bribery or by other foul means, the relevant institution in charge of meteorology shall admonish it upon the scope of powers, and may impose a fine up to 30,000 Yuan; if the licensed entity has obtained the eligibility or has passed the examination and check of design or the completion-based check and acceptance, its license shall be revoked; and it shall not re-apply for eligibility accreditation within three years. If any crime is constituted, it shall be subjected to criminal liabilities in accordance with the law. Article 33. Any entity that violates these Measures by committing any of the following acts shall be ordered by the institution in charge of meteorology at the county level or above upon the scope of powers to make a correction, shall be admonished, and may be fined up to 30,000 Yuan; if it causes any loss to others, it shall bear liabilities for compensation in accordance with the law. If any crime is constituted, it shall be subjected to criminal liabilities in accordance with the law: (1) Altering, forging, profiteering, leasing, lending its eligibility certificate, qualification certificate or license documents, or affiliating itself to others by using the said certificate or documents; (2) Concealing the relevant information to the institution responsible for supervision and inspection, providing false materials or refusing to provide the authentic materials reflecting its activities; or (3) Concealing and not reporting any major thunder and lightning disaster accident. Article 34. Any entity that violates these Measures by committing any of the following acts shall be ordered by the institution in charge of meteorology at the county level or above upon the scope of powers to make a correction, shall be admonished, and may be fined up to 30,000 Yuan; if it causes any loss to others, it shall bear liabilities for compensation in accordance with the law: (1) Unlawfully engaging in a protective test against thunder, or professional protective engineering design or installation against thunder without the eligibility for such test, design or installation; (2) Engaging in the activities of professional protective engineering design or installation against thunder by exceeding its eligibility grade for professional protective engineering design or installation against thunder; (3) Unlawfully installing protective devices against thunder in the event that the design of such devices has not been examined and checked by the local institution in charge of meteorology or the said design has not passed the examination and check; (4) Unlawfully putting the protective devices against thunder into use without having them checked and accepted by the local institution in charge of meteorology or without obtaining the certificate of conformity; (5) Refusing to install the protective devices against thunder which ought to be installed; (6) Using the protective devices or products against thunder which do not meet the requirements for use; or (7) Refusing to have the existing protective devices against thunder tested, or refusing to make a rectification after the devices are tested to be unqualified. Article 35. Where any entity violates these Measures and thus causes a fire disaster, explosion, any casualty, or heavy losses of the state's properties due to a thunder strike, the person held directly liable shall be imposed upon administrative sanctions by the department in charge. If any crime is constituted, he shall be subjected to criminal liabilities in accordance with the law. Article 36. Where any of the personnel for protection against thunder neglects his duties, thus causing a heavy thunder and lightning disaster accident, he shall be legally imposed upon administrative sanctions by the entity where he works. If he causes heavy losses to the state's benefits and the people's lives and properties, and any crime is constituted, he shall be subjected to criminal liabilities in accordance with the law. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 37. A meteorology society at the provincial level shall take charge of the accreditation of the qualifications of the professional technicians for protection against thunder within its own jurisdiction. A professional technician for protection against thunder must pass the examination organized by the meteorology society at the provincial level, and obtain the corresponding qualification certificate. The institution in charge of meteorology at the provincial level shall guide and supervise the accreditation of the professional technicians for protection against thunder, which is carried out by the meteorology society at the present level. Article 38. These Measures shall come into force on February 1, 2005. The "Administrative Measures on Protecting against and Mitigating Thunder and Lightning Disasters" promulgated by China Meteorological Administration on June 26, 2000 shall be repealed simultaneously. |
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