Smoking at the entrance of residential buildings has long been considered the norm. However, tobacco smoke and passive smoking pose health risks to all other residents. With the passage of anti-tobacco laws, the rights of many smokers have been restricted.
Prohibited sites and responsibility for violating established norms are determined by law. Despite the passing of the law, the smoking ban at the entrance has not been taken seriously, which is why the residents of the apartment building are suffering.
The neighbor, who was a regular smoker, refused to listen to other residents and did not respond, believing that the entrance belonged to everyone and that he had a legal right to use it as he pleased.
Is smoking allowed at the entrance of a residential building?
Until recently, the rights of smokers were virtually unrestricted, so smoking in public was not considered a crime. If the others are not satisfied, they must negotiate independently of each other. However, because there is no regulatory framework, it is impossible to forcefully influence smokers. Several attempts were made to create the necessary bills.
Passed a law restricting smoking in public places. Since then, the law has specified places where smoking is prohibited.
The main objectives of passing anti-tobacco legislation are:
- protect and protect human health from harm caused by tobacco smoke;
- Reduce the prevalence of bad habits among minors;
- Help people who want to quit drugs.
The main regulatory approach in the law is to restrict smoking in certain places. A large number of public spaces were immediately banned, including common areas of apartment building owners.
The article states that such premises shall include any premises which are intended to serve more than one residential premises at the same time and which are not residential premises - condominiums.
From this moment, smoking is prohibited at entrances, elevators, landings and any other public areas.
According to the regulations, the common property of the residents of the apartment building includes: technical rooms, basements, attics, corridors, foundations, porches, roofs. Other properties may be included in this list at the discretion of the owner. Entrance smoking laws apply to all of the above establishments, regardless of their actual number of people.
It is important to note that the no-smoking announcement at the entrance is not mandatory and serves only as a reminder. With or without ads, you can bring violators to justice.
Where can you smoke in an apartment building
The apartment is not a common area, so smoking is allowed in the apartment without restrictions. Loggias and balconies are also considered part of the apartment.
Naturally, it is necessary to respect the rights of other owners, even if you are in your own apartment. Do not damage property or cause other injury. Those who have been harmed can claim reparations, or they can count on moral reparations.
With certain exceptions, laws prohibiting smoking at residential entrances are in effect. It is stipulated that the lessee has the right to organize a special designated location for this purpose and approve the decision at the general meeting of all owners of the apartment building.
In this case, smoking would be considered legal and it would be impossible to hold a person responsible.
Dedicated smoking rooms must meet established requirements. It can be placed both indoors, but with a forced hood and ventilation system, or outdoors, with fenced and marked territories. When designing, existing hygiene and fire safety regulations must be followed.
The Housing Authority stipulates that the organization and decision-making shall be made by the owners' assembly of all the houses in the house. For this you need:
- Notify all tenants prior to the owners' meeting. Notification procedures are usually determined by past owners meetings (for example, by posting notices in public places);
- Hold a general meeting of owners. Meetings are eligible and their decisions are only valid if more than half of the total number of owners are present. the decision is made by a simple majority;
- After approval, the owner will determine where and how to organize a specifically designated location.
In practice, special venue equipment is rare because it requires a large financial investment, as well as holding a shareholder meeting, which itself does not happen very often.
Smoking is also allowed near the entrance of a residential building if the territory is not part of a playground and there are not large crowds nearby.
Responsibility for smoking in public places
For those who violate the requirements of the Anti-Tobacco Law, only administrative responsibility shall be pursued. The police have to enforce the rules, but that's not always possible, especially in the house.
First, it's worth talking to the neighbor who smokes and explaining the situation. If you can't stop smoking when you land, you won't be able to do it without the involvement of the police.
The easiest way is to call the police or district police directly when smoking in the wrong place. However, being able to spot a smoker at the time of a crime is not a fact.
An agreement cannot be made without any evidence. In the best case, the inspector will have an explanatory conversation with the offender.
So the question is, how to make smokers take real responsibility.
It is more efficient to gather the necessary evidence immediately. You can ask other neighbors to act as witnesses or videotape the crime. Filming is not prohibited at the entrance as this is a public place. At the same time, cameras are allowed to be installed, but only together with information boards.
Along with all the evidence, you will need to contact the nearest police station and write a statement of the fact of the administrative violation. Police will be required to examine material and make informed decisions based on it.
It is possible to hold smokers individually responsible for each fact of the crime.
Therefore, smoking is prohibited at the entrance of a residential building if no dedicated smoking area is provided. Violations of the requirements of the anti-tobacco laws are subject to fines.