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 residents are ready to comply with legal requirements.While conscientious citizens smoke within their apartments, unconscientious citizens prefer to smoke in the stairwell, 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 regulates 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 of part 1 of Law 15-FZ, smoking is prohibited in elevators and other common areas of apartment buildings.The law does not specify places allowed for smoking, 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 specially designated smoking areas.
Is it possible to smoke in or near the entrance?
A direct reference to the ban on smoking in entrances is contained in 15-FZ, since an entrance is a public space.But the law says nothing about whether it is possible to smoke not in 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 one 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 established 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 banned.Liquid for electronic cigarettes does not contain tobacco, which means that restrictions do not apply to these gadgets.
Therefore, you can only ask your neighbor not to smoke electronic cigarettes in the entrance, since it will not be possible to prohibit him from doing so by law.
Is it possible to smoke a hookah in the entrance?
It is difficult to imagine smoking a 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 smoking mixture.The presence of tobacco in the mixture immediately transfers hookah smoking in the entrance to the category of administrative violations.If there is no tobacco in the mixture, then smoking a hookah on the stairs is not prohibited by law.
When can you complain about a neighbor for smoking in the entrance?
Fighting neighbors who smoke in 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 other people, including children living near them.If one of the neighbors smokes in the entrance, causing 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 file a complaint with the appropriate authorities.
Where to complain if they smoke in the entrance?
There are several authorities where 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 harm, 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 it is still necessary to follow some drafting rules and indicate the following data:
- to whom the application is addressed;
- Full name and contact details of the applicant;
- the essence of the violation (preferably with reference to the relevant article of the law);
- inconvenience that residents of the house experience due to neighbors smoking;
- in fact, a request to conduct an investigation and bring the offender to justice.
In addition, you need to attach the available evidence of the violation, and also list what measures have already been taken to solve the problem (for example, conversations with the smoker, a general meeting of residents, etc.).The more detailed the announcement, the faster action will be taken.
How to prove a smoker's guilt?
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;
- photographs or video materials taken by one of the neighbors;
- recordings from CCTV cameras installed in the entrance.
The conclusive evidence will be the conclusion of the local police officer who recorded the violation, but organizing such an event is quite difficult.
How is the application reviewed?
A complaint received by the police about smoking in the entrance must be registered within three days.After this, employees have 30 days to verify the facts and evidence stated in the application.If the inspection confirms the violation, then, in accordance with Article 23.3 of the Code of Administrative Offenses, the district police officer initiates a case of an administrative violation.
If, within 30 days after the application was submitted, the police did not take any action and did not notify 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 in the entrance
According to the law, liability for smoking in the wrong place can be:
- administrative (regulated by the Administrative Code);
- disciplinary (in relation to employees who violated the smoking ban in the workplace);
- civil law (if harm to people’s health is caused due to smoking).
Punishment for smoking in the entrance of a residential building is established by Article 6.24 of the Code of Administrative Offences.The fine for smoking in 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?
There are often situations when it is not the owner of the property who smokes on the landing, but the person renting the apartment.Tenants take care of their rented property, since in most cases they will have to pay out of their own pockets for damage to the property.But good relations with neighbors or the condition of the entrance concern them much less.That is why it is not always possible to come to 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 actual residence.So in the case when the conversations turned 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 achieve results without involving competent authorities if homeowners are involved in the case.Many rent out 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 separate clause in the contract regarding smoking.
Organization of a 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 actions 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 come to an agreement with them.Sometimes this helps achieve results by saving time and avoiding conflicts.There are several options:
- Negotiation.The simplest 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 will probably be many who are also not satisfied with the dirt and 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 perhaps he will listen to the opinion of the majority.
- Information stands or announcements at the entrance.They can not only place information about the smoking ban, but also indicate that systematic violations will be followed by immediate contact with law enforcement agencies.
- Installation of video cameras.This step will require financial costs, but most likely will discourage the smoker from smoking in front of the lens.Moreover, camera recordings are indisputable proof of the violation committed.
- Smoking room device.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 in particular apartment buildings is intended to protect the health of citizens from the harmful effects of tobacco smoke.In order for the established standards to be observed in each specific house and 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 violating smokers.