Smoking on the landing of a residential building

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

However, not all residents are willing to comply with the legal requirements.While conscientious citizens smoke inside their homes, unscrupulous citizens prefer to smoke on the stairs, causing discomfort 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 regulates the use of tobacco and tobacco products.Article 12 of the Law on Smoking lists the premises, facilities and areas where the smoking of tobacco products containing tobacco is prohibited.According to Clause 10 of Part 1 of Law 15-FZ, smoking is prohibited in elevators and other common areas of residential buildings.The law does not specify the places where smoking is allowed, but based on the list of prohibited places, we can conclude that smoking in an apartment building is allowed:

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

Is it possible to smoke inside or near the entrance?

A direct reference to the ban on smoking in the entrance is found in 15-FZ, since an entrance is a public space.But the law does not say anything about whether it is possible to smoke not at the entrance of a 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, the territory of an educational, sports or medical institution.

There is an important nuance.The law provides for the right of subjects to independently set restrictions on the use of tobacco products in certain places.The authorities of some regions took advantage of this right and imposed a ban on smoking closer 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.E-liquid does not contain tobacco, which means that the restrictions do not apply to these devices.

Therefore, you can only ask your neighbor not to smoke electronic cigarettes at the entrance, since it will not be possible to stop him by law.

Is it possible to smoke hookah at the entrance?

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

When can you complain about a neighbor smoking in the driveway?

Fighting neighbors who smoke at the entrance is not only right, but also the duty of all residents of the house.In this way, they protect their health and that of other people, including the children who live near them.If one of the neighbors smokes at the entrance, causing others to inhale harmful tobacco 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 relevant authorities.

Where to complain if they smoke in the entrance?

There are several authorities you can contact if the residents of the house smoke in the entrance.One option is to call the police.You can also complain to the local police officer.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 damage, you can count on the fact that the offender will not only be fined, but will 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 drafting rules and indicate the following data:

• to whom the application is addressed;
• Applicant's full name and contact details;
• the essence of the violation (possibly referring to the relevant article of the law);
• discomfort experienced by residents of the house due to smoking by neighbors;
• in fact a request to conduct an investigation and bring the perpetrator to justice.

In addition, you must attach the available evidence of the violation, and also list what measures have already been taken to solve the problem (for example, talking to the smoker, a general meeting of residents, 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 with a complaint, it is necessary to collect evidence that a neighbor smokes on the landing.Confirmation can be:

• witness statements from both the applicant himself and other residents of the house;
• photos or video material taken by one of the neighbors;
• recordings from CCTV cameras installed at the entrance.

The final proof will be the conclusion of the local police officer who registered the violation, but organizing such an event is quite difficult.

How is the application reviewed?

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

If within 30 days after submitting the request, the police has not taken any action and has not notified the applicant about the results of the inspection and 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, the responsibility for smoking in the wrong place can be:

• administrative (regulated by the Administrative Code);
• disciplinary (in relation to employees who have violated the ban on smoking in the workplace);
• civil law (if harm to people's health is caused by smoking).

The penalty for smoking at the entrance of a residential building is determined 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 dollars.

What should you do if it is not the owner of the apartment that smokes, but the tenant?

Often there are situations when it is not the owner of the property who smokes on the land, but the person who rents the apartment.Tenants take care of their rental property, as in most cases they will have to pay out of pocket for damage to the property.But good relations with neighbors or the condition of the entrance bother them much less.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 the smoking law does not depend on the place of registration and current residence.So, in the case when the conversations turned out to be useless, you should act according to the standard procedure - collect evidence and contact the police with a complaint.

It is often possible to achieve results without involving the competent authorities if the homeowners are involved in the case.Many of them rent apartments, ignoring tax laws, and therefore are not interested in any proceedings or inspections.So, the owner can influence the tenant, for example, by writing a special clause in the contract regarding smoking.

Organization of a smoking area

Residential building projects very rarely provide separate areas for smoking.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 actions must be approved by residents at a general meeting.

Peaceful way to solve the problem

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

1. The negotiation.The simplest method is to talk to the smoker and explain what inconvenience his habit causes to the other residents of the house.You can educate him by telling him about the dangers of passive smoking.
2. General meeting.Among the neighbors, there will probably be many who are also not happy with the dirt and the smell of tobacco in the entrance.Together you can choose the most effective measures to influence the smoker.And if he agrees to attend the meeting, then he will probably listen to the opinion of the majority.
3. Information stands or announcements at the entrance.They can not only place information about the ban on smoking, but also indicate that systematic violations will be followed by immediate contact with law enforcement bodies.
4. Installation of video cameras.This step will require financial costs, but it will most likely discourage the smoker from smoking before the target.Even camera recordings are indisputable evidence of the offense committed.
5. 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 smoking and non-smoking neighbors.

CONCLUSION

The ban on smoking in public places and in particular residential buildings is aimed at protecting the health of citizens from the harmful effects of tobacco smoke.In order for the established standards to be respected in each house and separate entrance, control by the residents of the house is necessary.Only the joint efforts of citizens and the police will make it possible to cope with violent smokers.