For a long time it was believed that smoking at the entrance to a residential building is the norm. However, tobacco smoke and secondhand smoke pose a health risk to all other residents. In connection with the passage of the anti-smoking law, the rights of many smokers were limited.
The prohibited places, as well as the responsibility for the violation of the established norms, 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 apartment building suffer.
Often a neighbor who smokes refuses to listen to the comments of other residents and does not react in any way, believing that the entrance belongs to everyone and that he has legal rights to use it at will.
Is smoking allowed at the entrance of 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 dissatisfaction of other people, they had to negotiate independently among themselves. However, it was impossible to strongly influence the smoker, because there was no regulatory framework. Attempts to create the necessary bill were made several times.
A law was passed to limit smoking in public places. Since then, places where smoking is not allowed have been legally established.
The main objectives of the adoption of the anti-smoking legislation were:
- protection and protection of human health from 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 restrictions on smoking in certain places. A large number of public places immediately fell under the ban, including common areas for owners of an apartment building.
The article stipulates that such places should include any premises intended to serve several residential premises at once and are not part of residential premises - apartments.
From this moment on, smoking is prohibited in the entrances, in the elevator, on the landing and in any other common area.
According to the regulations, the common property of residents of an apartment building includes: technical rooms, basements, attics, corridors, foundation bases, porch, roof. By decision of the owners, other assets may be included in this list. The non-smoking entrance law applies to all of the above places, regardless of the actual number of people in them.
It is important to note that the no-smoking sign at the entrance is not mandatory and is only meant as a reminder. You can bring the infringer to justice regardless of the fact that the ad was placed.
Where can you smoke in an apartment building?
The apartment does not belong to the common areas, so it is possible to smoke inside it without restrictions. The loggia and balcony are also considered part of the apartment.
Naturally, it is necessary to respect the rights of other owners, even when you are in your apartment. Do not damage property or cause other damage. A person who has been harmed can claim compensation for it, as well as have moral compensation.
The law on the prohibition of smoking at the entrances of residential buildings is valid with some exceptions. It is established that tenants have the right to independently organize a specially designated place for this and pass 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 hood and mandatory ventilation system, and outdoors, fencing and marking the territory. When designing, it is necessary to comply with existing fire and sanitary safety standards.
The Housing Commission provides for the organization and decision-making by the general meeting of owners of all the premises of the house. For this you need:
- notify all tenants before the general meeting of owners. The notification procedure is usually determined by past meetings of owners (for example, by posting an announcement in a public place);
- hold a meeting of owners. 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 made by a simple majority of the votes cast;
- Upon approval of the idea, the owners determine the place and method of organization of a specially designated place.
In practice, the equipment of special places is rare, since it requires significant 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 provided. Police officers must enforce the rules, but this is not always possible, especially inside houses.
To begin with, it is worth talking to smoking neighbors and explaining the situation to them. If you can not prohibit smoking on the landing, you will not be able to do without the participation of police officers.
The easiest way is to call the police or district police officer directly at the time of 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 offence.
It will be impossible to write a protocol in the absence of evidence. In the best case, the inspector will conduct an explanatory conversation with the offender.
Then the question arises 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 it is a public place. At the same time, it is permissible 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.
It is possible to hold the smoker responsible for each fact of the crime separately.
Thus, smoking is prohibited at the entrance to a residential building, if no special place has been provided for it. There is a fine for violating the requirements of the anti-smoking law.