# Echo Park pizza parlor struggles to reopen



## mark handler (Nov 30, 2012)

Car Crash, ADA Lawsuit & Missing Stickers: Echo Park pizza parlor struggles to reopen

THURSDAY, NOVEMBER 29, 2012

Car Crash, ADA Lawsuit & Missing Stickers: Echo Park pizza parlor struggles to reopen

Otilia Schweitzer sat in the empty dining room of her Echo Park pizza parlor, Pizza Buona,  on Wednesday afternoon looking dazed and tired. A building inspector had been by earlier for what was supposed to have been the final inspection before the corner restaurant could reopen nine months after a car crashed into the dining room. That crash coincided with the filing of a lawsuit over the restaurant’s  lack of a restroom accessible to people with disabilities and was followed by other snafus and delays, leaving Pizza Buona closed and many customers wondering if they would ever once again savor a freshly made garlic bread stick or a Pizza Rustica.

Everything seemed to be going well during Wednesday’s final inspection except for one thing.  The restaurant was missing window “stickers,” Schweitzer said.

The stickers Schweitzer was referring to are those blue decals with a wheelchair icon that must be posted at the entrance to let visitors know the space is complaint with the Americans With Disabilities Act. Schweitzer and her family then went into a form of sticker shock when they could not find ADA-compliant decals – which must include Braille markings – nearby and had to order them online. The inspector left, saying to call  him back to find out if he could let them open with out the decals, Schweitzer said.

Schweitzer said it would only take her family a day to get the parlor back in business once they passed inspection. “Everything is ready,” said Schweitzer of the newly  re-panneled and re-floored dining room and a newly constructed, ADA-compliant restroom.

In fact, repairing the damage to the dining room overlooking Sunset Boulevard and Alvarado Street was a relatively easy fix. The new restroom, however, was another matter.   After the restroom and short hallway were completed, inspectors determined that there was insufficient clearance  when the restroom door swung open, Schweitzer said.  That forced the family to buy and install an electric-powered door, which triggered another round of construction and inspections.

“It’s a tragedy,” Schweitzer said. “We have been closed sine August.”

Schweitzer said she and her family are ready to return to the restaurant. She said she hopes customers will do the same. “I hope we get business.”


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## jar546 (Nov 30, 2012)

Zero sympathy.  None, nyet, nada, zilch.

wah


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## ICE (Nov 30, 2012)

"ADA-compliant decals – which must include Braille markings"

So how is a blind person gonna know that there is a sign to feel?


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## mark handler (Nov 30, 2012)

ICE said:
			
		

> "ADA-compliant decals – which must include Braille markings"


The door decals do NOT require Braille

Exit signs do require Braille

Room names, including restrooms, do require Braille

To many people do not know what they are inspecting


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## ICE (Nov 30, 2012)

mark handler said:
			
		

> To many people do not know what they are inspecting


Oh I have an app for that.


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## mark handler (Nov 30, 2012)

ICE said:
			
		

> Oh I have an app for that.


Apps are only as good as the programmer and the person trying to interpret it. Cr-ap in Cr-ap out....Just like the code book....


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## ICE (Nov 30, 2012)

Have a nice evening Mark ..... and a better tomorrow.


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## mtlogcabin (Dec 2, 2012)

I guess there is no such thing as a conditional CO to allow time to find a sticker that I never new was required by ADA.



> The stickers Schweitzer was referring to are those blue decals with a wheelchair icon that must be posted at the entrance to let visitors know the space is complaint with the Americans With Disabilities Act


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## Rider Rick (Dec 2, 2012)

mtlogcabin said:
			
		

> I guess there is no such thing as a conditional CO to allow time to find a sticker that I never new was required by ADA.


I have issued a conditional CO and sometimes the business owner will just blow you off and now the Building Inspector is looking like a fool.

No good deed goes unpunished.


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## rnapier (Dec 3, 2012)

Here wwe have a TCO. A temporary certificate of occupancy which is for a prescribed time and can have limitations. I the time eleapses or the conditions are violated the tco is revoked and the can be fined weekly and if necessary the property can be posted dor no entry.


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## Rider Rick (Dec 3, 2012)

rnapier said:
			
		

> Here wwe have a TCO. A temporary certificate of occupancy which is for a prescribed time and can have limitations. I the time eleapses or the conditions are violated the tco is revoked and the can be fined weekly and if necessary the property can be posted dor no entry.


I know about the TOC and I really wished it worked that way.


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## brudgers (Dec 3, 2012)

rnapier said:
			
		

> Here wwe have a TCO. A temporary certificate of occupancy which is for a prescribed time and can have limitations. I the time eleapses or the conditions are violated the tco is revoked and the can be fined weekly and if necessary the property can be posted dor no entry.


  It would be more effective simply to attach a $2000 fee to the temp C.O and require it to be renewed every 30 days.


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## mtlogcabin (Dec 3, 2012)

We usually get a bond or cashiers check to guarantee the work gets complete. 150% of the estimated costs or just ask for a ridiculous amount to insure it will get completed.

I got a $5000.00 bond on a chandelier hanging in a motel lobby that did not meet seismic. They made their opening date and then made it comply for less than $250.00 about 30 days later


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## ICE (Dec 3, 2012)

We do not have a TCO.  We have a TA.  TA stands for Tacit Approval.  The inspector can turn a blind eye.  A lot of you think that's all I have to work with.  If I go along with a TA, there's definitely a great hole card to back it up.  If the Fire Dept is involved, I wait for their approval.  I wouldn't go along with a TA and a chandelier that wasn't secured properly.

The ADA sign at the door is an easy, little ta.


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## brudgers (Dec 3, 2012)

mtlogcabin said:
			
		

> We usually get a bond or cashiers check to guarantee the work gets complete. 150% of the estimated costs or just ask for a ridiculous amount to insure it will get completed. I got a $5000.00 bond on a chandelier hanging in a motel lobby that did not meet seismic. They made their opening date and then made it comply for less than $250.00 about 30 days later


  The problem with a bond is that they get it back.   And can take their sweet time, while imposing accounting costs on the jurisdiction.

  If it had been $2000 out of their pocket, they would have fixed in a couple of hours.


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## tmurray (Dec 3, 2012)

brudgers said:
			
		

> The problem with a bond is that they get it back.   And can take their sweet time, while imposing accounting costs on the jurisdiction.
> 
> If it had been $2000 out of their pocket, they would have fixed in a couple of hours.


Not if there is a time limit for completion.


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## mtlogcabin (Dec 3, 2012)

They do not get the bond back unless the city releases it and we do put a time limit on them


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## fatboy (Dec 3, 2012)

Or, as we do.......there is no such thing as a TCO, or a TA, the building is either safe to occupy of not. If it is, give them a CO. Chandilers not meeting requirements, not so much, "window stickers"?  I think I can try and work with them. You can always revoke a CO, then issue a NOV.


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## ICE (Dec 3, 2012)

fatboy said:
			
		

> You can always revoke a CO, then issue a NOV.


That may prove to be ineffectual if they reply with a KMA.


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## tmurray (Dec 3, 2012)

fatboy said:
			
		

> Or, as we do.......there is no such thing as a TCO, or a TA, the building is either safe to occupy of not. If it is, give them a CO. Chandilers not meeting requirements, not so much, "window stickers"?  I think I can try and work with them. You can always revoke a CO, then issue a NOV.


Same here.


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## tmurray (Dec 3, 2012)

Also, we take bonding on all major projects (not accessory structures, decks, etc).


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## fatboy (Dec 3, 2012)

"That may prove to be ineffectual if they reply with a KMA."

Until I post the building, since we amended the Police ordinance to include Building Official postings as a cause for a failure to obey citation. So far the mere explanation of that has worked just fine.


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## rnapier (Dec 4, 2012)

We find TCO's particularly useful when a job cannot be finished waiting for ordered equipment to come in or large renovations or new buildings where they need to occupy sections prior to the completion of the entire project. In either case all life safety issues must be met.


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## lunatick (Dec 4, 2012)

PPPPPP is the answer to parts of this.

Proper Planning Prevents **** Poor Performance.

I wonder how much they have lost in an attempt not to hire someone to do the work.

Sure I understand the initial cost implications, but 9 months for a fix it job?

Although sometimes I will allow myself to roll my eyes on some of the pollution ada has generated. Painting a whole parking space blue, placeing a sticker on the door, etc. are among these. Does the sticker beep?


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## mark handler (Dec 4, 2012)

A window decal cost $10 and is in stock in thousands of sign shops, home depots and lowes in the LA area

It's BS


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## Rider Rick (Dec 4, 2012)

The decal is required for CO.


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## mark handler (Dec 4, 2012)

Amazon.com: Handicap Access ADA Sticker Window Door Decal: Everything Else







Price $2.99 at amazon

In stock.


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## mtlogcabin (Dec 4, 2012)

> they could not find ADA-compliant decals – which must include Braille markings


I have never seen one with braille writing and that is perhaps the issue or misunderstanding.

The fact an inspector would keep a business from opening for a $2.99 sticker if it is required at all is silly.

I would like to see the code section and if it does not exist then perhaps the business owner should ask the inspector to compensate him for his lost revenue.


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## mark handler (Dec 4, 2012)

mtlogcabin said:
			
		

> I have never seen one with braille writing and that is perhaps the issue or misunderstanding. The fact an inspector would keep a business from opening for a $2.99 sticker if it is required at all is silly.
> 
> I would like to see the code section and if it does not exist then perhaps the business owner should ask the inspector to compensate him for his lost revenue.


The exterior entrance door decals do NOT require Braille

Exit signs (interior) do require Braille

Room names, including restrooms, do require Braille

The ADA and CA building code require the accessible entrances be marked, but not in braille.


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## mark handler (Dec 4, 2012)

Ignorance is bliss

To many people do not know what they are building/inspecting


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## mark handler (Dec 4, 2012)

ISA sticker is one of twenty of more other issues issued on the correction notice

It is an excuse.

They are just complaining.... Now that they have had their 16 min. of fame they have reopened...


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## mtlogcabin (Dec 4, 2012)

> one of twenty of more other issues issued on the correction notice


The rest of the story comes through.


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## pmarx (Dec 13, 2012)

Putting the issue of window stickers with or without Braille and TCO's aside, I'm confused by this portion of the article,



> The new restroom, however, was another matter. After the restroom and short hallway were completed, inspectors determined that there was insufficient clearance when the restroom door swung open, Schweitzer said. That forced the family to buy and install an electric-powered door, which triggered another round of construction and inspections.


Presuming the issue is maneuvering clearance at the toilet room door, how does making it a power-assisted door alleviate the problem?


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## mark handler (Dec 13, 2012)

pmarx said:
			
		

> Putting the issue of window stickers with or without Braille and TCO's aside, I'm confused by this portion of the article,Presuming the issue is maneuvering clearance at the toilet room door, how does making it a power-assisted door alleviate the problem?


Adding a powerassist can alleviate the door clearances, the user no longer needs to deal with the functioning of opening the door


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## pmarx (Dec 17, 2012)

Mark, could you please point me to the code section I'm missing? Be it ADAAG or ICC/ANSI A117.1, I can only find that the sections on automatic doors refer back to the sections covering maneuvering clearances. The two exceptions I can find are doors designed to be operated by security personnel (ICC/ANSI) and where automatic doors remain open in the power off condition (ADAAG). Thanks.


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## mark handler (Dec 17, 2012)

Yes it is in the 2010 ADA Standards I do not think it is in the ANSI 117.1 yet

2010 ADA Standards for Accessible Design

404.3 Automatic and Power-Assisted Doors and Gates. Automatic doors and automatic gates shall comply with 404.3. Full-powered automatic doors shall comply with ANSI/BHMA A156.10 (incorporated by reference, see "Referenced Standards" in Chapter 1). Low-energy and power-assisted doors shall comply with ANSI/BHMA A156.19 (1997 or 2002 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1).

404.3.1 Clear Width. Doorways shall provide a clear opening of 32 inches (815 mm) minimum in power-on and power-off mode. The minimum clear width for automatic door systems in a doorway shall be based on the clear opening provided by all leaves in the open position.

404.3.2 Maneuvering Clearance. Clearances at power-assisted doors and gates shall comply with 404.2.4. Clearances at automatic doors and gates without standby power and serving an accessible means of egress shall comply with 404.2.4.

EXCEPTION: Where automatic doors and gates remain open in the power-off condition, compliance with 404.2.4 shall not be required


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## GCtony (Dec 17, 2012)

"Everything seemed to be going well during Wednesday’s final inspection except for one thing. The restaurant was missing window “stickers,” Schweitzer said."

If this is true, and an inspector kept a business from reopening, around here we call people like that pr**ks.  I'm glad the story made the papers and hopefull this public servant was given some time off without pay so he can think about what it's like trying to find a way to pay the mortgage just like the folks of this business.

I must be getting old, how come it seems like there are more jerks than decent people...help thy neighbor is a lost value.


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## Papio Bldg Dept (Dec 17, 2012)

GCtony said:
			
		

> If this is true, and an inspector kept a business from reopening, around here we call people like that pr**ks.  I'm glad the story made the papers and hopefull this public servant was given some time off without pay so he can think about what it's like trying to find a way to pay the mortgage just like the folks of this business.
> 
> I must be getting old, how come it seems like there are more jerks than decent people...help thy neighbor is a lost value.


Is that because it's never the owner or GC's fault.  Historically there are egregious errors on both sides of the construction/inspection fence, what you should really be taking issue with is people shouldering their share of the blame.  I missed the part where the GC said not fixing the other 19 items was on them?


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## jar546 (Dec 17, 2012)

How many times or better yet, what percentage of people that you cut a break actually follow through after they get what they want?  As in C of O


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## Rider Rick (Dec 17, 2012)

jar546 said:
			
		

> How many times or better yet, what percentage of people that you cut a break actually follow through after they get what they want?  As in C of O


I didn't start out this way but no sticker no C of O.


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## jar546 (Dec 17, 2012)

We do temp c of o's but then they go into slow motion and ask for extensions then the winter comes and they ask if they can paint he ADA parking lines in the spring and by that time everyone forgets.  They only needed a temp to open and once open, they don't need us.  Tickler file, shmickler file my ***


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## ICE (Dec 17, 2012)

Slow motion?  I have had them act like they have no clue what I'm talking about.


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## Rider Rick (Dec 18, 2012)

No sticker NO C of O.


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## GCtony (Dec 18, 2012)

Papio Bldg Dept said:
			
		

> Is that because it's never the owner or GC's fault.  Historically there are egregious errors on both sides of the construction/inspection fence, what you should really be taking issue with is people shouldering their share of the blame.  I missed the part where the GC said not fixing the other 19 items was on them?


The story says the only thing left on the final was the sticker. No question it's the GC's fault, he's the one that pulled the permit.  However, if you want to play the blame game; Why didn't plans review catch the door swing problem? Did the field inspector catch the door swing problem on the framing inspection?  This isn't supposed to be about blame, it's supposed to be about working together as a team to benifit the customer. How about the inspector saying to the Owner, "I'll be back in two days to check the sticker, if it's not in place I will have no choice but to shut you down."  That's being reasonable, that's being part of the team, that's wanting to help others.

I can understand not approving a final when it's something that involves public safety but something like this that's more political than anything, I just don't get it. This ranks up there with failing an framing inspection for one screw missed on the metal stud at a door opening. (it happened)

I'm sure you can tell this hits a nerve with me. It seems that butting heads between the inspection office and the contractors gets worse every year. We can't forget that  the only folks we hurt by not working together is the people that pay us.  I've seen this Mitlons rule thing...what can we do to help make it happen?   Just imagin if society in general would think..."what can I do to help someone today?"


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## GCtony (Dec 18, 2012)

jar546 said:
			
		

> How many times or better yet, what percentage of people that you cut a break actually follow through after they get what they want?  As in C of O


Back 10 or 15 or more years ago, inspectors would do the "correct this, I'll check it the next time I'm here"  We never considered not doing what was requested because we know if we tried taking the short cut, and stabbed the inspector in the back, we would be screwed forever.  You took years to build a mutual respect, why risk loosing it.  Now, most newer school inspectors it's either right or wrong, with no flexability.  Now it's "reschedule the inspection, and I'll come back once the reinspection fee is paid"  We still have an inspector or two that will "hold the ticket"  and will say "fix this and I'll swing by at the end o the day to check it" but is very rare.


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## Alias (Dec 18, 2012)

If I can find and order the appropriate braille signs and install them where I work, there is no excuse.

Sue, in the high desert of CA, 100 miles from anywhere


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## Papio Bldg Dept (Dec 20, 2012)

GCtony said:
			
		

> Back 10 or 15 or more years ago, inspectors would do the "correct this, I'll check it the next time I'm here"  We never considered not doing what was requested because we know if we tried taking the short cut, and stabbed the inspector in the back, we would be screwed forever.  You took years to build a mutual respect, why risk loosing it.  Now, most newer school inspectors it's either right or wrong, with no flexability.  Now it's "reschedule the inspection, and I'll come back once the reinspection fee is paid"  We still have an inspector or two that will "hold the ticket"  and will say "fix this and I'll swing by at the end o the day to check it" but is very rare.


this is typically how we work, until as you say that level of mutual respect has been burned.  We have all the red tape tools at our disposal, but only dust them off on rare occasions.  One GC told us that his guy was working on the stairs and we would need to go around to the walkout slider to complete the rough-in inspection.  turns out the reason the guy was working on the stairs at the time of our inspection was to keep us from finding the head height issues.  He even admitted when he paid his re-inspect fee.  Unfortunately a few bad apples give the whole bunch a bad name.  Thanks for your efforts.  We appreciate them.


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