It has long been believed that smoking at the entrance to an apartment building is the norm. However, tobacco smoke and passive smoking pose a health risk to all other residents. Regarding the adoption of the anti-tobacco law, the rights of many smokers were restricted.
Prohibited places, as well as responsibility for violating established norms, are 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 tenants of the residential building suffer.
Often, the neighbor smoker refuses to listen to the comments of other tenants 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 in the entrance of the apartment building
Until recently, smokers' rights were virtually unrestricted, so smoking in public places was not considered an offense. In case of dissatisfaction of other people, they had to negotiate among themselves. However, it was not possible to violently influence the smoker, because there was no regulatory framework. Several attempts have been made to create the necessary invoice.
A law restricting smoking in public places has been passed. Since then, the law has regulated places where smoking is prohibited.
The main goals of the adoption of anti-tobacco legislation were:
- protection and protection of human health from damage caused by tobacco smoke;
- reducing the prevalence of bad habits among minors;
- helps people who want to get rid of addictions.
The basic way of regulation in the law is to impose restrictions on tobacco smoking in certain places. A large number of public places immediately fell under the ban, including common areas for apartment building owners.
The article stipulates that such places include all premises intended for servicing several residential premises at once, and which are not part of residential premises - apartments.
From this moment, smoking is prohibited in the entrances, in the elevator, on the platforms and in other common areas.
According to the regulations, the joint property of the tenants of the residential building includes: technical rooms, basements, attics, corridors, foundations, porch, roof. By the decision of the owner, other property can be found on this list. The law banning smoking at the entrances applies to all listed places, regardless of the actual number of people in them.
It is important to note that the announcement of the smoking ban at the entrance is not mandatory and serves only as a reminder. You can bring the perpetrator to justice regardless of whether the ad is placed.
Where you can smoke in an apartment building
The apartment does not belong to public spaces, so smoking in it is possible without any restrictions. The loggia and balcony are also considered part of the apartment.
Of course, you need 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 is injured can claim compensation for that, as well as count on moral compensation.
The law banning smoking at the entrances to residential buildings applies with some exceptions. It is envisaged that the tenants have the right to independently organize a specially designated place for that and approve the decision at the assembly of all owners of the residential building.
In that case, smoking will be considered legal and it will not be possible to bring the person to justice.
A specially equipped smoking room must meet the established requirements. It can be installed indoors, but with the obligatory cover and ventilation system, and outdoors, fencing and marking the territory. When designing, it is necessary to adhere to the existing rules of sanitary and fire safety.
The housing commission ensures the organization and decision-making of the assembly of owners of all rooms of the house. For this you need:
- inform all tenants before holding a general meeting of owners. The notification procedure is usually established at previous meetings of the owners (for example, by placing advertisements in a public place);
- hold a meeting of the 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 manner of organizing a particular place.
In practice, equipping special seats is a rarity, as it requires significant financial investment, as well as holding an assembly, which in itself does not happen often.
Smoking is also allowed near the entrance to the apartment building, if the territory does not belong to the playground, and there is no big crowd nearby.
Responsibility for smoking in a public place
Violation of the requirements of the anti-tobacco law is subject to only administrative liability. Police officers have to enforce the rules, but this is not always possible, especially in homes.
For starters, it’s worth talking to smoking neighbors and explaining the situation. If you can't ban smoking on the podium, you won't be able to without the involvement 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 offense.
It will be impossible to draw up a protocol in the absence of evidence. In the best case, the inspector will conduct a reasoned interview with the offender.
Then the question arises as to how to bring the smoker to real responsibility.
It is much more efficient to gather the necessary evidence immediately. You can ask other neighbors to be witnesses or record the offense on video. 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 together with the information board.
Together with all the evidence, it is necessary to contact the nearest police station and write a statement about the committed administrative violation. The police officer will have to check the materials and make an informed decision based on them.
It is possible to hold a smoker accountable for each fact of the crime separately.
Thus, 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 law against tobacco.