It has long been believed that smoking at the entrance to a residential building is the norm. However, secondhand smoke and passive smoking pose a health risk to all other residents. With regard to the passage of the anti-smoking law, the rights of many smokers were limited.
Prohibited places, as well as the responsibility 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 being taken seriously, which is why the residents of the palace 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 has legal rights to use it as desired.
Is smoking allowed in the entrance of a residential building
Until recently, the rights of smokers were virtually unrestricted, so smoking in public places was not considered a violation. In case of other people's dissatisfaction, they had to negotiate independently between them. However, it was impossible to force a strong influence on the smoker because there was no regulatory framework. Attempts to create the required bill were made several times.
A law was passed to restrict smoking in public places. Since then, places where smoking is not allowed have been legally regulated.
The main objectives of the adoption of anti-tobacco legislation were:
- protecting and safeguarding human health from the damage caused by tobacco smoke;
- reducing the prevalence of bad habits among minors;
- helping people who want to quit addiction.
The main method of regulation in the law is to impose restrictions on 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 must include any premises intended to serve several residential premises at the same time and that are not part of the residential premises - apartments.
From this moment it is forbidden to smoke at the entrance, in the elevator, in the landing and in any other common environment.
According to the regulations, the common property of the inhabitants of a palace includes: technical rooms, basements, attics, corridors, basements, verandas, roofs. By decision of the owners, other properties may be included in this list. The law banning incoming smoking applies to all of the above countries, regardless of the actual number of people in them.
It is important to note that notification of the incoming smoking ban is not mandatory and serves only as a reminder. You can bring the perpetrator to justice regardless of the announcement.
Where you can smoke in an apartment building
The apartment does not belong to public areas, so smoking inside it is possible without any restrictions. The loggia and balcony are also considered part of the apartment.
Of course, it is necessary to respect the rights of other owners, even when you are in your apartment. Do not damage the property or cause further damage. A person who has been harmed can claim compensation for it as well as count on moral compensation.
The law banning smoking at the entrance to residential buildings applies with a few exceptions. It is envisaged that tenants will have the right to independently organize a site specifically designated for this purpose and to approve the decision at a general meeting of all the owners of an apartment building.
In this case, smoking will be considered legal and it will not be possible to bring a person to justice.
A room specially equipped for smoking must meet the set requirements. It can be placed inside, but with a mandatory hood and ventilation system, as well as outside, encircling and marking the territory. During the design, it is necessary to observe the existing rules of sanitary and fire safety.
The Housing Commission foresees the organization and decision-making from the general meeting of the owners of all the premises of the house. For this you need:
- notify all tenants in advance of the general landlord meeting. The notification procedure is usually determined by past owners' meetings (for example, by posting a notice in a public place);
- hold a meeting of owners. The meeting 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 votes cast;
- after the approval of the idea, the owners determine the place and the way of organizing a specially designated place.
In practice, equipping individual locations is rare, as it requires significant financial investment as well as convening a general meeting, which in itself does not happen often.
Smoking is also allowed near the entrance of a residential building, if the territory does not belong to the playground and there is no large crowd nearby.
Responsibility for smoking in a public place
Only administrative liability is provided for violation of the requirements of the anti-tobacco law. Police officers have to follow the rules, but this is not always possible, especially inside homes.
To begin, it is worth talking to the neighbors who smoke and explain the situation. If you can not stop smoking on the landing, you will not be able to do so without the involvement of police officers.
The easiest way is to call the police or county 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 draft a protocol in the absence of any evidence. In the best case, the inspector will have an explanatory conversation with the abuser.
Then the question arises how to take smoking to real responsibility.
It is much more efficient to gather the necessary evidence immediately. You can ask other neighbors to act as witnesses, or film the violation on video. Shooting at the entrance is not prohibited, as this is a public place. At the same time, it is allowed to install a camera, but only together with an information board.
Along with all the evidence, you should contact the nearest police station and write a statement about the fact of an administrative offense. The police officer will be asked to check the materials and make an informed decision based on them.
It is possible for the smoker to be held accountable for each fact of the offense separately.
Thus, smoking at the entrance of a residential building, unless a special place is provided for this, is prohibited. A fine is provided for violating the requirements of the anti-smoking law.