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Downtown restaurant owner says code enforcement order forced abrupt menu change, seeks temporary variance
Summary
The owner of The Bert Norton told Wilkes-Barre City Council that a March 26 code-enforcement visit required removal of a griddle, oven and stove for lacking a Type I hood, costing the business an estimated $4,000 per week; the owner asked for a 30–180 day variance while the city and third-party inspectors review compliance.
Desire (Dez) Sbecki, owner of downtown Wilkes-Barre's The Bert Norton, told city council she was ordered in late March to stop using a flat-top griddle, stove and oven because the kitchen lacked a Type I hood and suppression system. She said code enforcement told staff the appliances had to be removed immediately or the restaurant could face fines "over $1,000 a day" or closure, forcing an abrupt menu change that cost an estimated $4,000 per week and prompted many regular customers to stop coming.
"We have lost an estimate of $4,000 per week since ... being unable to use our appliances," Sbecki said, describing the financial strain and asking council for a temporary variance of 30, 60 or 180 days while she secures an approved hood system.
Supporters urged leniency and assistance. Laura Keller, who said she frequents The Bert Norton, noted the restaurant’s role as a community gathering spot that hosts artists, fundraisers and services for seniors. "When places like The Bert Norton succeed, we all do," Keller told council. Sarah Harris, who identified herself as having local tourism and community development experience, described the restaurant as an economic and cultural asset and asked the council to "work together" with the owners to find a path forward.
Dan Kratz, the city’s building code official and the officer who inspected the restaurant, told council the flat-top griddle was not present at the June 2024 occupancy inspection and was added later. He said the Commonwealth’s adoption of the 2021 International Mechanical Code requires a Type I hood and suppression system when cooking appliances "produce grease or grease-laden vapors." "A Type I hood is required when cooking anything that produces grease or grease laden vapors," Kratz said, adding that the ventless countertop unit the restaurant purchased is not approved for the way it was being used.
Kratz said the city does not intend to punish small businesses but must protect public health and safety and recommended that the owner coordinate with code enforcement and the third-party mechanical inspection firm to determine whether the ventless device could be approved for the specific operation or what installation is required. Council also noted that mechanical inspectors from BHW reviewed the unit and advised it was not approved for the current setup, and that they provided the owner with the information needed to move forward.
Administrator Charles McCormack told the speaker he would begin the city's follow-up process and work with staff and inspectors. Council instructed the clerk to attach a supporting letter submitted by a resident to the meeting minutes.
Next steps: the owner requested a temporary variance while pursuing approval or installing a Type I hood and suppression system; administration said staff and third-party inspectors will assist in determining compliance and what is required for the restaurant to resume full operations. Council did not take formal action on a variance during the meeting.
