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Follow up on thermal cameras / Fire Suppression question
June 11, 2020
WEBINAR: Sign up for webinar now
Title:  Understanding the buy-sell process
When:  June 16, 2020  12 PM ET
Description:    Webinar will explain the process.  How to prepare for sale (contracts, proper entity, etc), understand RMR, attrition, the NDA process, negotiating the deal, responding to the LOI, due diligence, etc
Presented by:  Mitch Reitman and Dennis Stern,Esq
Hosted by:  Ken Kirschenbaum,Esq
Who should attend:  owners
Follow up on thermal cameras
            Thanks for taking the time to assemble the webinar on thermal cameras. It was informative.  What I took away from the presentation was the notion that currently, presently, these cameras are sanctioned by the CDC because they are considered NOT used as medical devices and only as Triage’ devices.
            I’m the one that asked what current CDC guidelines were. I asked because, as you pointed out, they don’t seem to have any.  They have been vacillating all over the place and have not provided any real guidelines at all for reopening the world.
             This heightens my concern that they may once again flip and suddenly change their minds on allowing these thermal cameras to be used at all unless they have an FDA approval sticker on them.
            There is one company that has FDA approval that I know of and their equipment is pricey.  Going out and selling non FDA approved equipment to clients that costs big bucks only to have permission revoked in 6 months to a year will not sit well with my clients or anyone else’s for that matter.
            This is just an observation on my part but I’m thinking that our clients are not going to invest in this gear if it only provides a short term uncertain relief. They are likely expecting that this equipment will survive and be useful for the next fake plague
that we are subjected to. It is my opinion that going for the FDA approved stuff for a few dollars more is worth the effort.
  Best Regards,
            It’s the FDA, not CDC, which governs these devices.  FDA has caused some confusion because it states that all skin elevation temperature measuring cameras are medical devices; then it differentiates between medical and non-medical use, and then between triage [which it doesn’t define] and medical purposes [which it defines as diagnosis, treatment, cure or prevention of disease].  Finally, FDA says for the time being you can sell the devices.
            It’s understandable that you are concerned with customer satisfaction and possible displeasure if the thermal imaging devices become illegal to use.  I suppose anything is possible, but I don’t think the devices will be illegal to use.  I do think that how the devices are used is important, now and in the future.  Whether these devices will have any application or use after the current pandemic remains to be seen.  More likely there will be newer technology to replace these devices and we will on to the next debate. 
            I think the manufacturers and distributors may be promoting the thermal imaging devices too aggressively, at least by FDA standards.  These cameras are commonly referred to as Fever Cameras and the implication is that they are useful for determining if someone has fever; if someone is sick; if someone has Covid-19.  That’s too far because that would constitute a diagnosis.  As the seller of the devices to your customers you should be careful to explain that the devices are for triage, not diagnosis, and that elevated skin temperature has to be confirmed by a secondary FDA approved device.
            Bottom line:  offer the Thermal Imaging cameras and use the Commercial All in One to sell and install the devices.    
Fire Suppression question
            I want to use a subcontractor to perform a sprinkler inspection in Florida. I want my tag left on site so that we get called for any corrective actions, and the customer calls us because we have the contract.
            Is there any issue with a subcontractor using and leaving tags I provide or does the subcontractor need to leave its own tags, which it wants to do?
            Fire Protection systems have to be inspected and tagged.  Check Florida law 69A-46.041 Inspection Requirements for Fire Protection Systems.  The inspection tag has to be completed at the time of the inspection and the tag must have the specific information required by the statute, including the Contractor name and address.
      The tag has to have the following information:
9. The reverse of the RED or YELLOW tag shall include at least four separate boxes for the listing of repair work as follows:
a. Date of Repair;
b. Repaired by (Signature);
c. Print Name;
d. Type of Repair;
e. Permit Number (if repair is made by a Water Based Fire Protection Inspector, Permit Number must be noted.).
(d) Inspection tags may be printed and established for a five-year period of time.
(e) An inspection tag shall only be removed by the Fire Protection System Contractor or his permitted Water-Based Fire Protection Inspector.
(f) Compliance and Non-compliance Tags that are greater than 1-year old shall be removed from the system except those tags used for 3 and 5-year inspection/tests. The Compliance and Non-compliance Tags shall remain on the system until replaced with the next three 3 or five 5-year inspection/test tag. Water Based Fire Protection Inspectors shall not remove Compliance and Non-compliance Tags from the system when the tags are less than 1-year old.

        I am not clear if the tag needs to be the Contractor’s tag [which would be your tag] or the subcontractor’s tag.  Both you as the contracting party and the subcontractor who is actually doing the inspection and filling out the tag, have to be licensed to perform the work.
The contract you should be using with the owner is the Fire Protection All in One and you would have a Subcontract Agreement with your subcontractor.
      If anyone knows whose tag is placed on the system, let us know.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301