For a long time, it was believed that smoking was the norm at the entrance to an apartment building. However, tobacco smoke and passive smoking pose a health risk to all other residents. The rights of many smokers have been restricted due to the adoption of the anti-tobacco law.
Prohibited places, as well as liability for violation of established norms, were defined by law. Despite the adoption of the law, the ban on smoking at the entrance is still not taken seriously, which is why the residents of the apartment building suffer.
Often the smoker refuses to listen to the comments of other residents and does not react, believing that the entrance belongs to everyone and has the legal right to use it as he wishes.
Is smoking allowed at the entrance to an apartment building?
Until recently, the rights of smokers were practically unrestricted, so smoking in public places was not considered a violation of the law. In the event of dissatisfaction from others, they had to negotiate independently. However, due to the lack of a regulatory framework, it was not possible to force a smoker. Several attempts have been made to draft the necessary bill.
A law has been passed restricting smoking in public places. Since then, places where smoking has been banned have been defined by law.
The main objectives of the adoption of anti-tobacco legislation were:
- protection and protection of human health from the harm caused by tobacco smoke;
- reducing the prevalence of bad habits among minors;
- to help people who want to quit addiction.
The main method of regulation in the law is to impose restrictions on smoking in certain places. Many public spaces were immediately banned, including common areas for apartment building owners.
The article stipulates that such places should include any buildings - apartments - designed to serve several residential areas at the same time and not part of residential buildings.
From now on, smoking is prohibited at entrances, elevators, landings and any other public places.
According to the rules, the common property of the residents of the apartment building includes: technical rooms, basements, attics, corridors, foundations, balconies, roofs. Other property may be included in this list at the discretion of the owners. The law banning smoking at the entrances applies to all of the above-mentioned places, regardless of the actual number of people there.
It should be noted that the announcement that smoking is prohibited at the entrance is not mandatory and only serves as a reminder. You can prosecute the violator regardless of the placement of the ad.
Where you can smoke in an apartment building
The apartment does not belong to public areas, so it is possible to smoke inside without any restrictions. The loggia and balcony are also considered part of the apartment.
Of course, even when you are in your apartment, you need to respect the rights of other owners. Do not damage or otherwise damage your property. The victim can claim compensation for it, but also hope for moral compensation.
The law banning smoking at the entrances to residential buildings is in force with some exceptions. Tenants have the right to independently arrange a special 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 prosecute.
A specially equipped smoking room must meet certain requirements. It can be placed both indoors and with a mandatory hood and ventilation system, as well as outside, marking the fence and area. Existing sanitary and fire safety rules must be followed when designing.
The Housing Commission organizes and makes decisions by the general meeting of the owners of all the buildings of the house. To do this, you need:
- to notify all tenants in advance of the general meeting of owners. The notification procedure is usually set at previous owners' meetings (for example, by posting an announcement in a public place);
- hold a meeting of the owners. The meeting is authorized and its decisions are valid only if more than half of the total number of owners are present. The decision shall be taken by a simple majority of the votes cast;
- After approval of the idea, the owners determine the location and method of organization of a special allotted space.
In practice, the provision of special places is rare, as it requires significant financial investment, as well as the collection of a general meeting, which in itself is not often the case.
If the area does not belong to a playground and there is no large crowd nearby, smoking is also allowed near the entrance to the apartment building.
Responsibility for smoking in public places
Violation of the requirements of the law on tobacco control is subject only to administrative liability. Police officers must follow the rules, but this is not always possible, especially inside homes.
To begin with, it is worth talking to neighbors who smoke and explain the situation. If you can't ban smoking on the landing, you won't be able to do so without the presence of police officers.
The easiest way is to call the police or the district police 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 violation.
In the absence of any evidence, it will not be possible to draw up a protocol. In the best case, the inspector will have an explanatory conversation with the violator.
Then the question arises as to how to bring the smoker to real responsibility.
It is more efficient to gather the necessary evidence immediately. You can ask other neighbors to testify or videotape the crime. It is not forbidden to open fire at the entrance, because this is a public place. At the same time, the installation of the camera is allowed, but only in conjunction with the information board.
You must go to the nearest police station with all the evidence and file a complaint about the administrative violation. The police officer must review the materials and make a reasoned decision based on them.
A smoker can be prosecuted separately for each crime.
Thus, smoking is prohibited at the entrance to the apartment building, unless there is a special place for it. There is a fine for violating the requirements of the law on tobacco control.