It has long been believed that smoking is the norm at the entrance to a residential building. However, tobacco smoke and passive smoking pose a health risk to all other residents. With the passage of the anti-smoking law, the rights of many smokers have been restricted.
Prohibited places and liability for violations of established standards are defined by law. Despite the passage of the law, the ban on smoking in the entrance is still not taken seriously, which is why the residents of the tenement house are suffering.
A smoking neighbor is often unwilling to listen to the comments of other residents and does not react in any way because he believes the entrance belongs to everyone and he has a legal right to use it as he pleases.
Is smoking allowed at the entrance of a residential building
Until recently, the rights of smokers were virtually unrestricted, so smoking in public places was not considered an offense. When others were dissatisfied, they had to negotiate with each other on their own. However, the smoker could not be forcibly influenced because there was no regulatory framework. The necessary bill has been drafted several times.
A law has been enacted to restrict smoking in public places. Since then, places where smoking is prohibited have been legally recorded.
The main objectives of adopting anti-smoking legislation were:
- protection of human health and the harm caused by tobacco smoke;
- reducing the prevalence of bad habits among minors;
- helps those who want to quit addiction.
The main method of regulation in the law is to restrict smoking in certain places. A number of public places were immediately banned, including the common areas of the owners of a residential building.
The article stipulates that such places include premises which are used to serve several dwellings at the same time and which are not part of the dwellings - dwellings.
From now on, smoking is not allowed in the entrances, the elevator, the stairs and any other common areas.
According to the regulations, the residents of the condominium have common property: technical rooms, cellars, attics, corridors, foundation sockets, porches, roofs. Other properties may be added to this list at the discretion of the owners. The Act on the Prohibition of Smoking at Entrances applies to all of the above places, regardless of the actual number of occupants.
It is important to note that no smoking is mandatory at the entrance, only as a reminder. You can sue the offender regardless of whether the ad is posted.
Where to smoke in an apartment building
The apartment does not belong to a public area, so smoking is possible without restrictions. The loggia and the balcony are also part of the apartment.
Of course, the rights of the other owners must be respected, even if you are in your apartment. Do not damage the property or cause other damage. Anyone who has suffered an injury can claim compensation for it, as well as moral compensation.
The law on the prohibition of smoking in the entrances to residential buildings applies with a few exceptions. They stipulate that tenants have the right to independently organize a place designated for this purpose and to approve the decision at the general meeting of all the owners of an apartment building.
In this case, smoking is considered legal and no person can be held liable.
The specially equipped smoking room must meet the established requirements. It can be installed indoors, but with a mandatory hood and ventilation system, and outside, with a fence and area marking. Existing health and fire regulations must be observed during design.
The Housing Committee organizes and decides on the general meeting of the owners in all rooms of the house. To do this, you need:
- all tenants must be notified prior to the general meeting of owners. The process of filing is usually determined by past meetings of the owners (e. g. , posting an announcement in a public place);
- to hold a general meeting. A quorum and resolutions of the meeting are valid only in the presence of more than half of the owners. The decision shall be taken by a simple majority of the votes cast;
- once the idea has been approved, the owners will determine the place and manner in which the separately designated venue will be organized.
In practice, the installation of special places is rare, as it requires significant financial expenditure, as well as the convening of a general meeting, which is rare in itself.
Smoking is also allowed at the entrance to the residential building if the area does not belong to the playground and there is no large crowd nearby.
Responsibility for smoking in public places
Violation of the provisions of the Anti-Smoking Act is subject to administrative liability only. Police officers have to follow the rules, but this is not always possible, especially inside houses.
First, it’s worth talking to your smoking neighbors and explaining the situation. If you can’t ban smoking at the landing site, you won’t be able to do without the involvement of the police.
The easiest way is to call the police or the district police directly when smoking in the wrong place. However, it is not a fact that a smoker will be detected at the time of the violation.
In the absence of evidence, it is impossible to draw up a report. At best, the inspector will have an explanatory conversation with the offender.
This raises the question of how to hold a smoker to real responsibility.
It is much more effective to gather the necessary evidence immediately. You can ask other neighbors to act as witnesses or videotape the crime. It is not forbidden to shoot at the entrance as it is a public place. At the same time, the installation of the camera is permitted, but only in conjunction with an information plate.
Along with all the evidence, you should contact the nearest police station and write a statement about the fact of the 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 a smoker liable for each violation separately.
Thus, smoking is not allowed at the entrance of the residential building, unless a separate place is provided. Fines will be imposed for violating the provisions of the Anti-Smoking Act.