For a long time, it was believed that smoking at the entrance of a residential building was the norm. However, tobacco smoke and passive smoking pose a health risk to all other residents. As part of the passage of the anti-tobacco law, the rights of many smokers have been restricted.
Prohibited places, as well as responsibility for violation of established norms, were determined by law. Despite the adoption of the law, the ban on smoking in the entrance is still not taken seriously, which is why the residents of the building are suffering.
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 that he has the legal right to use it at will.
Is it allowed to smoke at the entrance of a residential building
Until recently, smokers' rights were practically unrestricted, so smoking in public places was not considered an offence. In case of dissatisfaction of other people, they had to negotiate independently among themselves. However, it was impossible to forcefully influence the smoker, since there was no regulatory framework. Attempts to create the necessary bill have been made several times.
A law has been passed to limit smoking in public places. Since then, places where smoking is prohibited have been legally fixed.
The main objectives of passing the tobacco control legislation were:
- protection and protection of human health from damage caused by tobacco smoke;
- reduce the prevalence of bad habits among miners;
- help people who want to get out of 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 states that such premises should include all premises intended to serve several residential premises at once and which are not part of residential premises - apartments.
From this moment, it is forbidden to smoke in the entrances, in the elevator, on the landing and in any other common area.
According to the regulations, the common good of the inhabitants of a building includes: the technical rooms, the basements, the attics, the corridors, the bases, the porch, the roof. By decision of the owners, other properties may be included in this list. The no-smoking-in-entrances law applies to all of the above locations, regardless of the actual number of people there.
It is important to note that the non-smoking announcement 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 placed.
Where can you smoke in a building
The apartment does not belong to public areas, so it is possible to smoke inside without any restrictions. The loggia and the 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 suffered harm can claim compensation for it, as well as rely on moral reparation.
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 purpose and approve the decision at a general meeting of all owners of a building.
In this case, smoking will be considered legal and it will not be possible to hold a person accountable.
A specially equipped smokehouse must meet the established requirements. It can be placed both indoors, but with a mandatory hood and ventilation system, and outdoors, fencing and marking the territory. When designing, it is necessary to comply with current health and fire safety regulations.
The Housing Commission provides for the organization and decision-making by the general meeting of owners of all premises in the house. For this you need:
- notify all tenants in advance of the general meeting of owners. The notification procedure is usually determined by past meetings of the owners (for example, by posting an advertisement 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 taken by a simple majority of the votes cast;
- after approval of the idea, the owners determine the place and method of organizing a specially designated place.
In practice, the equipment of particular places is rare, since it requires large financial investments, as well as the calling of a general meeting, 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 are no crowds nearby.
Responsibility for smoking in a public place
In case of violation of the requirements of the anti-tobacco law, only administrative liability is provided. The police must enforce the rules, but this is not always possible, especially inside houses.
To begin with, it is worth talking with smoking neighbors and explaining the situation. If you can't ban smoking on the landing, you won't be able to do without the intervention of the police.
The easiest way is to call the police or the district police officer directly when you smoke in the wrong place. However, it is not a fact that it will be possible to detect a smoker at the time of the offense.
It will be impossible to establish a protocol in the absence of any evidence. Ideally, the inspector will conduct an explanatory conversation with the offender.
The question then arises of how to empower the smoker.
It is much more efficient to collect the necessary evidence immediately. You can ask other neighbors to act as witnesses or film the offense on video. It is not forbidden to shoot at the entrance, because it is a public place. At the same time, it is allowed to install a camera, but only with an information plate.
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 have to check the documents and make an informed decision based on them.
It is possible to make the smoker responsible for each fact of the offense separately.
Thus, smoking is prohibited at the entrance to a residential building, if there is no special place for it. There is a fine for violating the requirements of the anti-tobacco law.