For a long time it was believed that smoking in the entryway of a home was the norm. However, tobacco smoke and secondhand smoke pose a health risk to all other residents. In connection with the passage of the anti-tobacco law, the rights of many smokers have been restricted.
Prohibited places, as well as liability for violations of applicable norms, have been established by law. Despite the passage of the law, the smoking ban in the entrance area is still not taken seriously, which is a problem for the residents of the apartment building.
Often a smoking neighbor refuses to listen to the comments of other residents and does not respond in any way, believing that the entrance belongs to everyone and he has the right to use it as he pleases.
Is smoking allowed in the entrance area of a residential building?
Until recently, smokers' rights were virtually unrestricted, so smoking in public places was not considered a criminal offense. If other people were dissatisfied, they had to negotiate independently with each other. However, it was impossible to forcefully influence the smoker due to the lack of a regulatory framework. Several attempts were made to create the necessary invoice.
A law was passed to restrict smoking in public places. Since then, places where smoking is not allowed have been specified by law.
The main objectives of adopting anti-tobacco legislation were:
- protection and protection of human health from harm caused by tobacco smoke;
- reducing the prevalence of bad habits among minors;
- Helping people who want to quit addiction.
The law's primary regulatory method is the imposition of restrictions on tobacco smoking in specific locations. A large number of public places immediately fell under the ban, including common areas for the owners of an apartment building.
The article provides that such places should include all premises intended to serve several residential buildings at once and which are not part of residential buildings - apartments.
From this point on, smoking is prohibited in the entrances, in the elevator, on the landing and in all other public areas.
According to the regulations, the common property of the residents of an apartment building includes: technical rooms, cellars, attics, corridors, foundation plinths, porch, roof. Additional properties may be added to this list at the discretion of the owners. The law on the ban on smoking in the entrances applies to all the above places, regardless of the actual number of people in them.
It is important to note that the no-smoking notice at the entrance is not mandatory and is provided as a reminder only. You can take the infringer to court regardless of whether the ad was served.
Where is smoking allowed in an apartment building?
The apartment is not part of the public areas, therefore smoking is not permitted in it. Loggia and balcony also belong to the apartment.
Of course, it is necessary to respect the rights of other owners, even when staying in your apartment. Do not damage property or cause other damage. A person who has been harmed can claim damages and rely on moral compensation.
The law on the ban on smoking in the entrances of residential buildings applies with some exceptions. It is envisaged that tenants will have the right to independently organize a dedicated place and approve the resolution of a general meeting of all owners of an apartment building.
In this case, smoking is considered legal and it is not possible to hold a person responsible.
A specially equipped smoking room must meet the specified requirements. It can be placed both indoors, but with a mandatory hood and ventilation system, and outdoors to fence and mark the territory. When planning, the existing hygiene and fire protection regulations must be observed.
The housing commission takes care of the organization and decision-making by the general meeting of the owners of all rooms in the house. For this you need:
- to notify all tenants before the owners' meeting. The procedure for publication is usually determined by past owners' meetings (e. g. by posting it in a public place);
- hold the shareholders' meeting. The meeting has a quorum and its decisions are only valid if more than half of the total number of owners are present. The decision is made with a simple majority of the votes cast;
- After approval of the idea, the owners determine the location and method of organizing a specially designated place.
In practice, equipping special places is rare, since it requires significant financial investments, as well as the convening of a general meeting, which in itself does not happen often.
It is also allowed to smoke near the entrance of a residential building if the area does not belong to the playground and there is not a large crowd nearby.
Responsibility for smoking in a public place
Only administrative liability is provided for violations of the provisions of the Anti-Tobacco Act. Police officers have to enforce the rules, but that's not always possible, especially indoors.
First of all, it is worth talking to smoking neighbors and explaining the situation. Anyone who cannot ban smoking on the landing will not be able to do without the involvement of the police.
The easiest way is to call the police or the district police officer directly at the time of smoking in the wrong place. However, the fact is not that a smoker can be identified at the time of the crime.
Without evidence, it will be impossible to create a record. In the best-case scenario, the examiner conducts an informational discussion with the offender.
Then there is the question of how to bring real responsibility to the smoker.
It is much more efficient to collect the necessary evidence immediately. You can call other neighbors as witnesses or videotape the act. Shooting at the entrance is not prohibited as it is a public place. At the same time, it is allowed to install a camera, but only together with an information sign.
Along with all the evidence, you need to contact the nearest police station and write a statement on the fact of an administrative offense. The police officer must review the materials and make an informed decision based on them.
It is possible to hold the smoker responsible for each offense separately.
Therefore, smoking is prohibited in the entrance area of a residential building if a special place is not provided for it. Violations of the requirements of the anti-tobacco law threaten a fine.