The ban on smoking in public places is ignored in the law at the federal level.Such places include common areas in apartment buildings.
However, not all residents are willing to comply with the legal requirements.Although conscientious citizens smoke in their apartments, inexperienced citizens prefer to smoke on the stairs, 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 people's health from the effects of tobacco smoke and control the use of tobacco and tobacco products.Article 12 of the Smoking Law lists premises, objects and areas where smoking products containing tobacco are prohibited.According to Clause 10 Part 1 of Law 15-Fz, smoking is prohibited in elevators and other common areas of apartment buildings.The law does not specify where smoking is allowed, but based on the list of prohibited places, we can conclude that smoking in apartment buildings is allowed:
- in the apartment, on the balcony of the apartment;
- in designated smoking areas.
Is it possible to smoke at or near the entrance?
A direct reference to the ban on smoking at the entrance is contained in 15-fz, since the entrance is a public space.But the law does not say anything about whether it is possible to smoke not at the entrance of 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 a playground, educational territory, sports or medical institution.
There is one important nuance.The law provides the subject's right to freely set restrictions on the use of tobacco products in certain places.Authorities in some regions take advantage of this right and establish a ban on smoking closer than 15 meters from the entrance.
Is it possible to smoke electronic cigarettes and IQOS?
Until now, legal restrictions only applied 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 banned.Liquid for electronic cigarettes does not contain tobacco, which means that restrictions do not apply to this device.
Therefore, you can only ask your neighbor not to smoke electronic cigarettes at the entrance, because it is not possible to prohibit him from doing so by law.
Is it possible to smoke at the entrance?
It's hard to imagine smoking on the landing of an apartment building.But if one of the residents comes up with such an idea, we must remember that the validity of such an action directly depends on the composition of the smoking mixture.The presence of tobacco in the mixture immediately transfers hookah smoking at the entrance to the category of administrative violations.If there is no tobacco in the mixture, then smoking on the stairs is not prohibited by law.
When can you complain about a neighbor for smoking at the entrance?
Fighting neighbors who smoke at the entrance is not only the right, but also the duty of all residents of the house.In this way, they protect their health and the health of others, including children who live near them.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 consult, then the best thing to do is to file a complaint with the appropriate authorities.
Where to complain if they smoke at the entrance?
There are several authorities where you can contact if the residents of the house smoke at the entrance.One option is to call the police.You can also complain to the local police officer.A more serious step is 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 danger, you can count on the fact that the offender 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 still needs to follow some drafting rules and show the following data:
- to whom the application is addressed;
- Applicant's full name and contact details;
- the essence of the violation (preferably with reference to the relevant legal article);
- the difficulties faced by the residents of the house because neighbors smoke;
- In fact, the request to conduct an investigation and bring the offender to justice.
In addition, you need to attach evidence of existing violations, and also list the steps that have been taken to solve the problem (for example, conversations with smokers, public meetings of residents, etc.).The more detailed the announcement, the faster action will be taken.
How to prove the guilt of a smoker?
Before contacting the authorities related to the complaint, it is necessary to collect evidence that a neighbor smokes on the landing.Verification can:
- Witness statements from both the applicant himself and other residents of the house;
- pictures or video material taken by one of the neighbors;
- Footage from CCTV cameras installed at the entrance.
Conclusive evidence will be the conclusion of the local police officer who recorded the violation, 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.After this, the employee has 30 days to verify the facts and evidence stated in the application.If the inspection confirms a violation, then, in accordance with Article 23.3 of the Code of Administrative Offenses, the District Police Officer initiates a case of administrative violation.
If, within 30 days after the application is submitted, the police do not take action and do not inform the applicant about the results of the inspection and the decision taken on the application, you can file a complaint with the prosecutor's office.
Responsibility for smoking at the entrance
According to the law, liability for smoking in the wrong place can be:
- administration (regulated by the Administrative Code);
- discipline (in relation to employees who violate the ban on smoking in the workplace);
- Civil law (if endangering people's health due to smoking).
The penalty for smoking at the entrance of a residential building is established by Article 6.24 of the Code of Administrative Offenses.The fine for smoking at the entrance of a residential building is $ 6.5 - $ 19.5.
What to do if it is not the owner of the apartment who smokes, but the tenant?
Often the situation when it is not the owner of the property who smokes on the landing, but the person who rents the apartment.Tenants take care of their rented property, as in most cases they have to pay out of pocket for property damage.But good relations with neighbors or the state of the entrance worries them more or less.That is why it is not always possible to make an agreement with them.
However, punishing the offender in this case is no more difficult than punishing any other householder.Violation of the smoking law does not depend on the place of registration and actual residence.Therefore, in the case when the conversation turns out to be useless, you need to act according to the standard procedure - collect evidence and contact the police with a complaint.
It is often possible to reach a decision without involving the competent authorities if the home owner is involved in the case.Many rent apartments, ignore tax laws, and therefore are not interested in any proceedings or inspections.So the owner can influence the tenant, for example, by writing a separate clause in the contract about smoking.
Organization of smoking areas
Apartment building projects rarely provide separate smoking areas.Residents can complete their own.To do this, it is necessary to isolate part of the common area and install a ventilation system or hood.Such action must be approved by the residents at a general meeting.
A safe way to solve the problem
Before choosing how to deal with smokers, you can try to make an agreement with them.Sometimes this helps achieve results by saving time and avoiding conflicts.There are several options:
- Negotiation.The easiest method is to talk to the smoker and explain what inconvenience 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 may be many who are also unhappy with the dirt and tobacco smell at the entrance.Together you can choose the most effective measures to influence smokers.And if he agrees to attend the meeting, then maybe he will listen to the opinion of the majority.
- Information stands or announcements at the entrance.They can not only post information about the smoking ban, but also indicate that systematic violations will be followed by immediate contact with law enforcement agencies.
- Video camera installation.This measure will cost money, but will most likely prevent smokers from smoking in front of the lens.In addition, the camera footage is indisputable evidence of the violation committed.
- Smoking room device.This method also requires 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 apartment buildings in particular aims to protect people's health from the harmful effects of tobacco smoke.In order for the established standards to be observed in each house and certain entrances, control by the residents of the house is necessary.Only the joint efforts of citizens and the police will make it possible to overcome the violations of smokers.