70.255.010 - Definitions.

Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

     (1) "Authority having jurisdiction" means the local organization, office, or individual responsible for enforcing the requirements of the state fire code.

     (2) "Director" means the director of fire protection appointed under RCW 43.43.938.

     (3) "Distribute" means to do any of the following:

     (a) Sell novelty lighters or deliver novelty lighters for sale by another person to consumers;

     (b) Sell or accept orders for novelty lighters that are to be transported from a point outside this state to a consumer within this state;

     (c) Buy novelty lighters directly from a manufacturer or wholesale dealer for resale in this state;

     (d) Give novelty lighters as a sample, prize, gift, or other promotion.

     (4) "Manufacturer" means:

     (a) An entity that produces, or causes the production of, novelty lighters for sale in this state;

     (b) An importer or first purchaser of novelty lighters that intends to resell within this state novelty lighters that were produced for sale outside this state; or

     (c) A successor to an entity, importer, or first purchaser described in (a) or (b) of this subsection.

     (5)(a) "Novelty lighter" means a lighter that can operate on any fuel, including butane or liquid fuel. Novelty lighters have features that are attractive to children, including but not limited to visual effects, flashing lights, musical sounds, and toylike designs. The term considers the shape of the lighter to be the most important characteristic when determining whether a lighter can be considered a novelty lighter.

     (b) "Novelty lighter" does not include disposable cigarette lighters or lighters that are printed or decorated with logos, decals, artwork, or heat shrinkable sleeves.

     (6) "Retail dealer" means an entity at one location, other than a manufacturer or wholesale dealer, that engages in distributing novelty lighters.

     (7) "Sell" means to transfer, or agree to transfer, title or possession for a monetary or nonmonetary consideration.

     (8) "Wholesale dealer" means an entity that distributes novelty lighters to a retail dealer or other person for resale.

[2009 c 273 § 1.]