Smoking on the landing of an apartment building

The ban on smoking in public places is approved by law at the federal level.Such places include common areas in residential buildings.

However, not all residents are ready to comply with the legal requirements.While conscientious citizens smoke in their apartments, involuntary citizens prefer to smoke on the stairs, creating a nuisance for their neighbors.

Where can you smoke in an apartment building?

Federal law 15-FZ dated February 23, 2013, was developed to protect the health and health of citizens and regulates the use of tobacco and tobacco products.Article 12 of the Tobacco Act lists buildings, facilities and areas where smoking products containing tobacco are prohibited.According to part 10 of part 1 of the Law 15-FZ, smoking is prohibited in elevators and other common areas of public housing.The law does not define the places where smoking is allowed, but based on the list of prohibited places, we can conclude that smoking is allowed in an apartment building:

• In the apartment, on the balcony of the apartment;
• in designated smoking areas.

Is it possible to smoke in or near the entrance?

A direct reference to the smoking of cigarettes at the entrances is available in 15-FZ, since the entrance is a public space.But the law does not say anything about smoking near the entrance of a house.That is, there is no direct ban, but if the place chosen for smoking near the entrance does not belong to a playground, the territory of an educational, sports or medical institution.

There is one important nuance.The law provides the right to independently set restrictions on the use of tobacco products in certain places.Some regional authorities took advantage of this right and banned smoking more than 15 meters from the entrance.

Is it possible to smoke electronic cigarettes and IQOs?

To date, legislative restrictions apply only to products containing tobacco and its derivatives.Today's fashionable IQOS uses pressed tobacco sticks, so the smoking system is classified as a tobacco product and is prohibited.Liquid for electronic cigarettes does not contain tobacco, which means that these restrictions do not apply to these gadgets.

Therefore, you can only ask your neighbor not to smoke e-cigarettes at the entrance, because it will not be possible to prohibit him from doing so by law.

Is it possible to smoke a hookah at the entrance?

It's hard to imagine a hookah smoking on the landing of an apartment building.But if one of the residents comes up with such an idea, the legality of such an action depends on the composition of the cigarette mixture.The presence of tobacco in the mixture immediately transfers hookah smoking to the category of administrative offenses.Smoking a hookah on the stairs is not prohibited by law if there is no tobacco in the mixture.

When can you complain about a neighbor for smoking in the entrance?

Fighting smoking neighbors at the entrance is not only correct, but also the duty of all residents of the house.In this way, they protect their health and the health of other people, including the health of close children.If one of the neighbors smokes at the entrance, causes others to breathe in harmful tobacco smoke, does not respond to requests and does not negotiate, then the best thing that can be done is to complain to the appropriate authorities.

Where can I complain if they smoke at the entrance?

If the residents of the house have smoke-free residents at the entrance, there are several authorities that you can contact.One option is to call the police.You can also file a complaint with your local police officer.There will be a more serious step to the prosecution.

The most universal option is to file a lawsuit in court.In this case, if there is evidence of damage, it can be believed that the criminal will not only be fined, but also compensate for the damage caused.

How to write an application?

The application is written in any form, but it is still necessary to follow some preparation rules and indicate the following information:

• where the application was made;
• Applicant's full name and contact information;
• the nature of the violation (preferably with reference to the relevant article of the law);
• the experience of the residents of the house due to the smoking of neighbors;
• In fact, the desire to investigate and bring the criminal to justice.

In addition, you should add existing evidence of the violation and list what measures have been taken to solve the problem (for example, conversations with smokers, a general meeting of residents, etc.).The announcement will be more detailed, more detailed, faster.

How to prove the guilt of a smoker?

Before contacting the appropriate authorities with a complaint, it is necessary to collect evidence that a neighbor is smoking on the landing.Confirmation can be:

• witness statements of both the applicant himself and other residents of the house;
• photos or video materials in which one of the neighbors was taken;
• Recordings from CCTV cameras installed at the entrance.

Definitive evidence would be the result of a local police officer recording the violation, but such action is extremely difficult to arrange.

How is the application reviewed?

A complaint received by the police about smoking at the entrance must be registered within three days.After that, employees have 30 days to verify the facts and evidence presented in the application.If the inspection confirms the violation, in accordance with Article 23.3 of the Code of Administrative Offenses, the district police officer initiates an administrative offense case.

If the police did not take any action within 30 days of the application and did not inform the applicant about the decision made on the application, you can file a complaint with the prosecutor's office.

Responsibility for smoking at the entrance

According to the law, you can be responsible for smoking in the wrong place:

• administrative (regulated by the administrative department);
• discipline (in relation to employees who violate the smoking ban at work);
• Civil legislation (if harm to people's health is caused by smoking).

Penalty for smoking at the entrance of the residential building is determined by Article 6.24 of the Administrative Offenses Report.The fine for smoking at the entrance of a residential building is 6.5 - 19.5 dollars.

What to do if the smoker is not the owner of the apartment, but the tenant is the owner of the apartment?

Often, the smoker in the landing is not the owner of the property, but the tenant of the apartment.Tenants are careful with their rental properties because in most cases they will have to pay out of pocket for damage to the property.However, good relations with neighbors or the condition of the entrance are of less concern to them.Therefore, it is not always possible to reach an agreement with them.

However, punishing the criminal in this situation is no more difficult than punishing any other resident of the house.Violation of the smoking law does not depend on registration and actual residence.So, if the conversations are inappropriate, it is necessary to act according to the standard procedure - to collect evidence and file a complaint with the police.

When landlords are involved, it is often possible to get results without involving the authorities.Many rent apartments, ignoring tax laws and therefore not interested in any court or inspection.Thus, the owner can influence the tenant to write, for example, a separate clause in the contract about smoking.

Arrangement of smoking area

Projects of apartment buildings very rarely provide separate smoking areas.Residents can equip them themselves.To do this, it is necessary to isolate part of the common area and install a ventilation system or hood.Such measures must be approved by residents at a general meeting.

Peaceful ways to solve the problem

Before choosing how to deal with smokers, you can try to reach an agreement with them.Sometimes this helps to achieve results by saving time and avoiding conflicts.There are several options:

1. Negotiations.The simplest method is to talk to the smoker and explain to the other residents of the house that his habit is causing it.You can educate him by informing him about the dangers of passive smoking.
2. General meeting.Among the neighbors, there will probably be many people who are not satisfied with the dirt and smell of tobacco at the entrance.Together, you can choose the most effective measures to influence the smoker.If he agrees to participate in the meeting, perhaps he will listen to the opinion of the majority.
3. Information or announcements at the entrance.They can not only provide information about the smoking ban, but also indicate that systematic violations will immediately contact law enforcement agencies.
4. Installation of video cameras.This step will require financial costs, but most likely, it will discourage smokers from smoking in front of the lens.Moreover, camera recordings are indisputable evidence of violations committed.
5. Smoking room device.This method will also require spending money and the consent of the residents of the house, but it will allow you to take into account the interests of non-smoking and non-smoking neighbors.

Opinion

The ban on smoking in public places, especially in apartment buildings, aims to protect citizens' health from the harmful effects of tobacco smoke.Control by the residents of the house is necessary to observe the established standards in each particular house and entrance.Only the joint efforts of citizens and the police will make it possible to cope with smokers.