The ban on smoking in public places is enshrined in law at the federal level.Such places include common areas in apartment buildings.
However, not all people are willing to comply with legal requirements.While conscientious citizens smoke in their apartments, unscrupulous citizens prefer to smoke in the stairwells, causing inconvenience to their neighbors.
Where can you smoke in an apartment building?
Federal Law 15-FZ of February 23, 2013 is designed to protect the health of citizens from the effects of tobacco smoke and regulate the use of tobacco and tobacco products.Article 12 of the Smoking Law lists establishments, objects and areas where smoking of tobacco products is prohibited.According to clause 10, part 1 of Law 15-FZ, smoking is prohibited in elevators and other common areas of the apartment building.The law does not specify places where smoking is allowed, but based on the list of prohibited places, we can conclude that smoking in apartments is allowed:
- in the apartment, on the apartment balcony;
- in specially designated smoking areas.
Is smoking allowed in or near the entrance?
Direct reference to the smoking ban at entrances is made in 15-FZ, as entrances are public spaces.But the law does not say anything about whether it is possible to smoke not at the entrance to the house, but near it.That is, there is no direct ban, but only if the place chosen for smoking near the entrance does not belong to the playground, the territory of an educational, sports or medical institution.
There is one important nuance.The law provides for the right of subjects to independently place restrictions on the use of tobacco products in certain places.Some regional authorities have taken advantage of this right and issued a ban on smoking closer than 15 meters from entrances.
Is it possible to smoke e-cigarettes and IQOS?
To date, legal restrictions apply only to products containing tobacco and its derivatives.Today's trendy IQOS uses pressed tobacco sticks, so the smoking system is classified as a tobacco product and is prohibited.E-cigarette liquids do not contain tobacco, meaning the restrictions do not apply to these devices.
So, you can just ask your neighbor not to smoke e-cigarettes at the entrance, because the law will not be able to prohibit him from doing so.
Is it possible to smoke hookah at the entrance?
It's hard to imagine smoking a hookah on the patio of an apartment building.But if one of the residents comes up with such an idea, we must remember that the legality of such action depends directly on the composition of the smoking mixture.The presence of tobacco in the mixture immediately moves hookah smoking into the category of an administrative violation.If the mixture does not contain tobacco, then smoking hookah on the stairs is not prohibited by law.
When can you complain about your neighbor smoking at the entrance?
Beating a neighbor who smokes in front of the gate is not only a right but also an obligation of every resident of the house.In this way, they protect their health and the health of others, including children living near them.If one of the neighbors smokes at the entrance, exposing others to harmful smoke, does not respond to requests and does not negotiate, then the best thing that can be done is to file a complaint with the competent authority.
Where to complain if they smoke at the entrance?
There are a number of authorities you can contact if a resident of your home smokes in the entryway.One option is to call the police.You can also complain to the local police.A more serious step would be to contact the prosecutor's office.
The most global option is to file a claim in court.In this case, if there is evidence of harm, one can count on the offender not only being fined, but also having to compensate for the damage caused.
How to write an application?
The application can be written in any form but must still follow some drafting rules and specify the following data:
- to whom the application is sent;
- Full name and contact information of the applicant;
- the nature of the breach (preferably with reference to the relevant provision of law);
- the inconvenience that residents of the house experience due to neighbors smoking;
- in fact, it is a request to conduct an investigation and bring the perpetrator to justice.
Additionally, you need to attach existing evidence of the violation, and list what measures have been taken to resolve the problem (e.g., chat with smokers, general residents' meeting, etc.).The more detailed the notification, the faster action will be taken.
How to prove the guilt of a smoker?
Before contacting the relevant authorities to make a complaint, it is necessary to collect evidence that the neighbors smoke on the wharf.Confirmation can be:
- witness statements from both the applicant and other residents of the home;
- photos or video material taken by one of the neighbors;
- Recording from CCTV cameras installed at the entrance.
The final proof will be the conclusion of the local police making a violation record, but organizing such an event is quite difficult.
How are applications reviewed?
Complaints received by the police about smoking at the entrance must be registered within three days.The employee then has 30 days to verify the facts and evidence stated in the application.If through inspection it is determined that there is a violation, according to the provisions of Article 23.3 of the Administrative Violations Code, the district police will prosecute the administrative violation case.
If within 30 days after filing the application the police do not take any action and do not notify the applicant about the results of the inspection and the decision on the application, you can file a complaint with the prosecutor's office.
Responsible smoking at the entrance
According to the law, liability for smoking in the wrong place can be:
- administrative (regulated by the Administrative Code);
- Disciplinary action (for employees who violate regulations prohibiting smoking at work);
- civil law (if smoking is harmful to human health).
Penalties for smoking at the entrance to a residential building are prescribed according to Article 6.24 of the Code of Administrative Violations.The fine for smoking at the entrance of a residential building is $6.5 – $19.5.
What to do if it is not the apartment owner who smokes, but the tenant?
There are often situations where it is not the owner of the property who smokes at the top of the stairs, but the tenant of the apartment.Tenants will take care of their rental property, as in most cases they will have to pay out of their own pocket if the property is damaged.But good relations with neighbors or the condition of the entrance make them much less concerned.That is why it is not always possible to reach an agreement with them.
However, punishing the offender in this case is no more difficult than punishing any other resident of the house.Violation of smoking laws does not depend on the place of registration and actual residence.So, in case the conversations turn out to be futile, you need to act according to standard procedure - collect evidence and contact the police to file a complaint.
Results can often be achieved without the involvement of the authorities if the homeowner is involved in the incident.Many people rent out apartments, ignoring tax laws and therefore not paying attention to any legal proceedings or inspections.So the owner can influence the tenant, for example, by writing a separate clause in the contract regarding smoking.
Organize a smoking area
Apartment projects rarely have separate smoking areas.Residents can equip themselves.To do this, it is necessary to partially isolate the common area and install a ventilation system or hood.Such actions must be approved by residents at a general meeting.
Peaceful ways to solve problems
Before choosing how to deal with smokers, you can try to reach an agreement with them.Sometimes this helps achieve results by saving time and avoiding conflicts.There are several options:
- Negotiate.The simplest method is to talk with the smoker and explain the inconveniences that his habit causes to other residents of the house.You can educate him by telling him about the dangers of passive smoking.
- General meeting.Among the neighbors there will certainly be many who are also dissatisfied with the dirt and cigarette smell at the entrance.Together, you can choose the most effective measures to influence smokers.And if he agrees to attend the meeting, he will probably listen to the majority's opinion.
- Information or announcement counter at the entrance.They can not only give information about the smoking ban, but also point out that systematic violations will require immediate contact with law enforcement agencies.
- Install video cameras.This step will require financial costs, but will most likely discourage the smoker from smoking in front of the camera.Furthermore, camera recordings are irrefutable evidence that violations have occurred.
- Smoking room equipment.This method will also require spending money and in addition the consent of the residents of the house, but it allows you to take into account the interests of both smoking and non-smoking neighbors.
Conclusion
The ban on smoking in public places and especially in apartment buildings aims to protect people's health from the harmful effects of cigarette smoke.In order for the established standards to be followed in each particular house and entrance, control by the inhabitants of the house is necessary.Only the joint efforts of people and police can deal with illegal smokers.