QX/T 398-2017 in English

Scope of application and definition of terms

This standard applies to flammable and explosive places such as oil depots, gas depots, and construction projects in mining areas and tourist attractions in areas prone to lightning. The following key terms are clearly defined:

1. Conditions for filing a case: Jurisdiction and preliminary evidence of violation must be met at the same time (Article 5.2.4)
2. Evidence requirements:
   • Proof of legal entity (legal person certificate of public institution, etc.)
   • Evidence chain of illegal behavior (construction progress photos, proof of missing license, etc.)
3. Penalty decision: requires collective resolution at the case discussion meeting (Article 5.3.6.4)

Technical points and implementation suggestions

Typical Cases

Gas Station Case: A gas station in a certain city constructed without obtaining lightning protection design approval. After on-site inspection (Appendix F) and investigation and questioning (Appendix G) confirmed the illegal facts, the station was eventually fined 50,000 yuan (Appendix O).

This standard integrates the requirements of laws and regulations such as the Meteorological Law and the Measures for the Administration of Lightning Protection and Disaster Reduction, and is formulated to meet the new law enforcement needs that emerged after the State Council's reform to optimize lightning protection licensing in 2016. The main changes include:

• Detailed evidence requirements for entrusted law enforcement agencies (Article 3.1.3.2)
• Clarified jurisdiction rules for new business formats such as mining areas/tourist attractions
• Added specifications for the collection of electronic evidence (requirements for numbering on-site photos)