For a long time it was believed that smoking at the entrance to 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-tobacco law, the rights of many smokers were restricted.
The prohibited places, as well as the liability for violation of the established rules, were determined 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 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 has the legal right to use it at will.
Smoking is allowed at the entrance to a residential building
Until recently, the rights of smokers were practically not limited, so smoking in public places was not considered a crime. In case of other people's dissatisfaction, they had to negotiate independently with each other. However, it was impossible to forcibly influence the smoker, because there was no regulatory framework. Attempts to create the necessary invoice have been made several times.
A law has been passed to restrict smoking in public places. Since then, no-smoking places have been legally fixed.
The main objectives of the adoption of the anti-tobacco 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 get out of addiction.
The main method of regulation in the law is the imposition of restrictions on tobacco smoking in certain places. A large number of public places immediately fell under the ban, including common areas for condominium owners.
The article stipulates that such places should include all premises intended to serve several residential premises at once and which are not part of residential premises - apartments.
From now on, smoking is prohibited in the entrances, in the lift, on the landing and in all other common areas.
According to the legislation, the common property of the residents of an apartment building includes: technical rooms, cellars, attics, corridors, foundation bases, porch, roof. By decision of the owners, other properties may be included in this listing. The law on the prohibition of smoking in the entrances applies to all the premises indicated above, regardless of the actual number of people present.
It is important to note that the no smoking notice at the entrance is not mandatory and only serves as a reminder. You can bring the offender to justice regardless of whether the ad was posted.
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 part of the apartment.
Of course, you must respect the rights of other owners, even when you are in your own apartment. Do not damage property or cause other damage. A person who has been harmed can claim compensation for it, as well as rely 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 to 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 make a person responsible.
A specially equipped smoking room must meet the established requirements. It can be positioned both indoors, but with mandatory hood and ventilation system, and outdoors, shielding and delimiting the territory. When designing, the applicable health and fire safety regulations must be observed.
The Housing Commission provides for the organization and decision-making process by the general meeting of owners of all rooms in the house. For this you need:
- inform all tenants in advance of the general meeting of owners. The notification procedure is usually determined by previous owners' meetings (for example, by posting an advertisement in a public place);
- hold an owners meeting. The assembly is competent and its resolutions are valid only in the presence of more than half of the total number of owners. The decision is taken by simple majority of the votes cast;
- upon approval of the idea, the owners determine the place and methods of organization of a specially designated place.
In practice, the setting up of special places is rare, as it requires considerable financial investments, as well as the meeting of a general assembly, which in itself does not happen often.
Smoking is also allowed near the entrance to a residential building, if the territory does not belong to the playground and there is not a large crowd of people nearby.
Liability for smoking in a public place
For the violation of the requirements of the anti-tobacco law only administrative responsibility is envisaged. Police officers have to enforce the rules, but this is not always possible, especially inside homes.
To begin with, it is worth talking to neighboring smokers and explaining the situation. If you can't ban smoking on the landing, you won't be able to do without the involvement of police officers.
The easiest way is to call the police or district police officer directly when smoking in the wrong place. However, it is not a fact that it will be possible to identify a smoker at the time of the crime.
It will be impossible to draw up a protocol in the absence of 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 collect the necessary evidence immediately. You can ask other neighbors to witness or film the offense on video. It is not forbidden to shoot at the entrance, as it is a public place. At the same time, it is allowed to install a camera, but only together 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 offense. The police officer will be required to check the materials and make an informed decision based on them.
The smoker can be charged separately for each fact of the crime.
Therefore, smoking is prohibited at the entrance to a residential building, if no special place is provided for it. There is a penalty for violating the requirements of the anti-tobacco law.