For a long time it was believed that smoking outside a residential building was the norm. However, tobacco smoke and secondhand smoke pose a health risk to all other residents. In connection with the adoption of the anti-smoking law, the rights of many smokers were limited.
Prohibited locations, as well as liability for violation of established standards, were determined by law. Despite the passing of the law, the ban on smoking at the entrance is still not taken seriously, which is why the residents of the building suffer.
Often a smoking neighbor refuses to listen to the comments of other residents and does not react in any way, believing that the entrance belongs to everyone and he has the legal right to use it at will.
Smoking is permitted at the entrance to a residential building
Until recently, the rights of smokers were practically unrestricted, so smoking in public places was not considered an offense. In case of other people's dissatisfaction, they had to negotiate independently with each other. However, it was impossible to forcefully influence the smoker, as there was no regulatory framework. Attempts to create the required account were made several times.
A law was passed to limit smoking in public places. Since then, no-smoking places have been legally fixed.
The main objectives of adopting anti-smoking legislation were:
- protection and protection of human health from the harm caused by tobacco smoke;
- reduce the prevalence of bad habits among minors;
- help people who want to quit addiction.
The main method of regulation in the law is the imposition of smoking restrictions in certain locations. A large number of public places immediately fell under the ban, including common areas for apartment building owners.
The article stipulates that these premises must include any premises intended to serve several residential premises at the same time and which are not part of residential premises - apartments.
From now on, smoking is prohibited in the entrances, in the elevator, on the landing and in any other common areas.
According to the regulations, the common property of the residents of an apartment building includes: technical rooms, basements, attics, corridors, foundation bases, balcony, roof. By decision of the owners, other properties may be included in this list. The law on no smoking at entrances applies to all of the above locations, regardless of the actual number of people in them.
It is important to note that the no-smoking notice at the entrance is not mandatory and serves only as a reminder. You can bring the offender to justice regardless of whether the ad was placed.
Where can you smoke in an apartment building
The apartment does not belong to the public areas, therefore it is possible to smoke inside without any restrictions. Loggia and balcony are also considered part of the apartment.
Of course, it is necessary to respect the rights of other owners, even if you are in your apartment. Do not damage property or cause other damage. A person who has been harmed can claim compensation for this, as well as count on moral compensation.
The law on the prohibition of smoking in the entrances of residential buildings is valid with some exceptions. It is provided that tenants have the right to independently organize a specially designated place for this and approve the decision at a general meeting of all owners of an apartment building.
In this case, smoking will be considered legal and it will not be possible to hold a person responsible.
A specially equipped smoking room must meet the established requirements. It can be placed both indoors, but with a mandatory hood and ventilation system, and outdoors, sealing and marking the territory. When designing, it is necessary to comply with existing health and fire safety rules.
The Housing Commission provides for the organization and decision-making by the general assembly of owners of all the premises of the house. For that you need:
- notify all tenants in advance of the general owners' meeting. The notification procedure is usually determined by previous owner meetings (eg posting an advertisement in a public place);
- hold an owners meeting. The assembly is competent and its decisions are valid only in the presence of more than half of the total number of owners. The decision is taken by a simple majority of the votes cast;
- once the idea is approved, the owners determine the location and method of organizing a specially designated location.
In practice, equipping special locations is rare, as it requires significant financial investments, as well as holding a general meeting, which in itself does not happen often.
Smoking is also allowed near the entrance of a residential building, if the territory does not belong to the playground and there is no large crowd of people nearby.
Responsibility for smoking in a public place
For violation of anti-smoking law requirements, only administrative liability is provided. Police officers must enforce the rules, but this is not always possible, especially inside homes.
For starters, it's worth talking to your smoking neighbors and explaining the situation. If you can't ban smoking on the landing, you can't do without the involvement of police officers.
The easiest way is to call the police or district officer directly when smoking in the wrong place. However, it is not a fact that it will be possible to detect a smoker at the time of the crime.
It will be impossible to draw up a protocol in the absence of any evidence. At best, the inspector will conduct an explanatory conversation with the offender.
Then the question arises of how to bring the smoker to real responsibility.
It is much more efficient to immediately collect the necessary evidence. You can ask other neighbors to act as witnesses or videotape the offense. Shooting at the entrance is not prohibited as this is a public place. At the same time, the installation of a camera is allowed, but only in conjunction with an information plate.
Along with all the evidence, you need to contact the nearest police station and write a statement about the fact of an administrative infraction. The officer will be required to check the materials and make an informed decision based on them.
It is possible to hold the smoker responsible for each fact of the offense separately.
Therefore, smoking is prohibited at the entrance to a residential building, unless a special place is provided. There is a fine for violating the requirements of the smoke-free law.