For a long time it was believed that smoking at the entrance of residential buildings was the norm. However, tobacco smoke and passive smokers pose health risks to all other populations. In connection with the adoption of anti-tobacco laws, the rights of many smokers are limited.
The place of prohibition, as well as liability for violation of established norms, is determined by law. Although the law was adopted, the ban on smoking at the entrance is still not taken seriously, which is why the residents of the apartment building are suffering.
Often a smoking neighbor refuses to listen to other residents ’comments and does not respond in any way, believing that the entrance belongs to everyone and he or she has the legal right to use it at will.
Is smoking allowed at the entrance of a residential building
Until recently, the rights of smokers were practically unlimited, so smoking in public places was not considered an offense. In case of dissatisfaction of others, they had to negotiate freely with each other. However, it is impossible to forcibly influence smokers, as there is no regulatory framework. Attempts to create the necessary bills have been made several times.
Laws have been passed to limit smoking in public places. Since then, non -smoking places have been legally designated.
The main objectives of the adoption of anti-tobacco laws are:
- protection and protection of human health from the dangers posed 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 tobacco cigarettes in certain places. A large number of public places immediately fell under the ban, including public areas for owners of apartment buildings.
The article stipulates that such places should include any premises intended to serve several residential premises at once and which are not part of the residential premises-apartments.
From now on, there is a ban on smoking at entrances, in elevators, on landings and in any other public areas.
According to the rules, the common property of residents of apartment buildings includes: technical rooms, basements, attics, corridors, foundations, porches, roofs. By decision of the owner, other properties may be included in this list. The law on the ban on smoking at the entrance applies to all of the above places, regardless of the actual number of people in them.
It is important to note that the announcement of a smoking ban at the entrance is optional and only serves as a reminder. You can bring the offender to justice regardless of the fact that the ad was placed.
Where you can smoke in the apartment building
This apartment does not belong to a public area, so smoking in it can be done without any restrictions. Loggias and balconies are also considered part of the apartment.
Naturally, it is necessary to respect the rights of other owners, even if you are in your apartment. Do not damage property or cause other harm. A person who has been injured can claim compensation for it, as well as expect moral compensation.
The law on the ban on smoking at the entrances of residential buildings is valid with a few exceptions. Provided that the tenant has the right to independently arrange a place specially designated for this and approve the decision at a general meeting of all owners of apartment buildings.
In this case, smoking will be considered legal and unlikely to bring a person to responsibility.
Specially equipped smoking rooms must meet the specified requirements. It can be placed indoors, but with a hood and mandatory ventilation system, and outside, fencing and marking the territory. When designing, it is necessary to comply with existing hygiene and fire safety regulations.
The Housing Commission provides for the organization and decision -making by the general meeting of owners of all home premises. For this you need:
- inform all tenants prior to the owners general meeting. The procedure for notification is usually determined by past owner meetings (e. g. , by posting the announcement in a public place);
- hold a meeting of the owners. The meeting was efficient and the decision was valid only in the presence of more than half of the total number of owners. Decisions are made by a simple majority of votes cast;
- when the idea is approved, the owner determines the place and the method of arranging the specially designated place.
In practice, equipping a special place is rare, because it requires a large financial investment, as well as the assembly of general meetings, which in itself does not happen often.
It is also allowed to smoke near the entrance of a residential building, if the territory does not belong to a playground, and there are no people nearby.
Responsibility for smoking in public places
For violations of the requirements of anti-tobacco laws, only administrative liability is provided. Police officers must enforce the rules, but this is not always possible, especially indoors.
For starters, it is worth talking to a smoking neighbor and explain the situation. If you can’t ban smoking on landing, you won’t be able to do so without the involvement of a police officer.
The easiest way is to contact the police or district police officer directly at the time of smoking in the wrong place. However, it is not a fact that it is possible to detect a smoker at the time of the offense.
It is impossible to create a protocol in the absence of evidence. In the best case, the examiner will conduct an explanatory conversation with the offender.
Then the question arises how to bring smokers to real responsibility.
It is more efficient to immediately gather the necessary evidence. You can ask another neighbor to act as a witness, or record the offense on video. Shooting at the entrance is not prohibited, as this is a public place. At the same time, it is allowed to install the camera, but only together with the information plate.
Along with all the evidence, you need to contact the nearest police station and write a statement on the facts of the administrative offense. Police officers will be required to review the material and make an informed decision based on the material.
It is possible to bring the smoker responsible for each fact of the offense separately.
Therefore, smoking at the entrance of a residential building, if a special place for this is not provided, is prohibited. There are fines for violating the requirements of anti-tobacco laws.