Smoking on the landing of a residential building

The ban on smoking in public places is prescribed 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, unscrupulous 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 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 premises, facilities and areas where smoking of products containing tobacco is prohibited.According to the provision of Part 10 of Law 15-FZ, smoking is prohibited in elevators and other common areas of residential buildings.The law does not specify places where smoking is allowed, but based on the list of prohibited places, we can conclude that smoking is allowed in a residential building:

• in the apartment, on the balcony of the apartment;
• in specially designated areas for smokers.

Is it possible to smoke in or near the entrance?

A direct reference to the prohibition of smoking at the entrances 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 in 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, the territory of an educational, sports or medical institution.

There is one important nuance.The law provides for the right of subjects to independently determine restrictions on the use of tobacco products in certain places.The authorities of certain regions used this right and prohibited smoking closer than 15 meters from the entrance.

Is it possible to smoke electronic cigarettes and IQOS?

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

So, you can just ask your neighbor not to smoke electronic cigarettes in the entrance, because it will not be possible to prohibit 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 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 hookah on the stairs is not prohibited by law.

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

The fight against neighbors who smoke in the entrance is not only a right, but also a duty of all residents of the house.In this way, they protect their health and the health of other people, including the children who live near them.If one of the neighbors smokes in the entrance, which causes 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 competent authorities.

Where to complain if they smoke at the entrance?

There are several competent authorities that you can contact if the occupants of the house smoke in the entrance.One option is to call the police.You can also complain to the local police.A more serious step would be to contact the prosecutor's office.

The most global option is to file a lawsuit in court.In this case, if there is evidence of damage, you can count on the fact that the violator will not only be punished, but also compensate for the resulting damage.

How to write an application?

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

• to whom the application is addressed;
• Full name and contact information of the applicant;
• the essence of the violation (preferably with reference to the relevant article of the law);
• the inconvenience experienced by the residents of the house due to the neighbor's smoking;
• in fact, a request to conduct an investigation and bring the perpetrator to justice.

In addition, it is necessary to attach the available evidence of the violation, as well as indicate what measures have already been taken to solve the problem (for example, conversations with the smoker, general meeting of tenants, etc.).The more detailed the announcement, the faster action will be taken.

How to prove the smoker's guilt?

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

• statements of witnesses and the applicant himself and other tenants of the house;
• photos or video materials taken by one of the neighbors;
• footage from CCTV cameras installed at the entrance.

The final evidence will be the conclusion of the local police officer who recorded the offense, but the organization of such an event is quite difficult.

How is the application considered?

A complaint received by the police about smoking in the entrance must be reported within three days.After that, employees have a period of 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 Law on Administrative Violations, the district police officer initiates a case of administrative violation.

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

Responsibility for smoking in the entrance

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

• administrative (regulated by the Law on Administrative Procedure);
• disciplinary (in relation to employees who violated the ban on smoking in the workplace);
• civil law (if smoking has caused damage to people's health).

The penalty for smoking in the entrance of a residential building is determined by Article 6.24 of the Law on Administrative Offenses.The fine for smoking in the entrance of a residential building is 6.5 to 19.5 dollars.

What to do if it is not the owner of the apartment who smokes, but the tenant?

Situations often occur when the owner of the property does not smoke on the landing, but the person who rents the apartment.Tenants take care of their rental property, because in most cases they will have to pay for the damage to the property out of their own pocket.But good relations with neighbors or the condition of the entrance concern them much less.Therefore, it is not always possible to reach an agreement with them.

However, punishing the perpetrator in this case is no more difficult than punishing any other occupant 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 turn out to be useless, you must follow the standard procedure - collect evidence and contact the police with a complaint.

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

Organization of smoking areas

Designs of residential buildings very rarely provide for separate areas for smokers.Residents can equip them themselves.To do this, it is necessary to isolate part of the common space and install a ventilation system or hood.Such actions must be approved by residents at a general meeting.

Peaceful ways to solve problems

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

1. Negotiation.The simplest way is to talk to the smoker and explain what kind of inconvenience his habit causes to the other residents of the house.You can educate him by telling him about the dangers of secondhand smoke.
2. General Assembly.Among the neighbors, there will probably be many who are also not satisfied 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 perhaps he will listen to the opinion of the majority.
3. Information stands or announcements at the entrance.They can not only advertise information about the ban on smoking, but also indicate that a systematic violation will be followed by direct contact with law enforcement agencies.
4. Installation of video cameras.This step will require financial costs, but will most likely discourage the smoker from smoking in front of the lens.Moreover, the camera footage is indisputable proof of the offense committed.
5. Device for smokers.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 especially in residential buildings, aims to protect citizens' health from the harmful effects of tobacco smoke.In order to respect the established standards in each specific house and entrance, it is necessary to control it by the occupants of the house.Only with the joint efforts of citizens and the police is it possible to deal with smokers who are violent.