Smoking on the landing of a residential building

The ban on smoking in public places is enshrined in federal law.These locations include common areas in apartment buildings.

However, not all residents are prepared to comply with legal requirements.While conscientious citizens smoke inside 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 aims 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 places, objects and areas where smoking products containing tobacco are prohibited.In accordance with 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 permitted places for smoking, but based on the list of prohibited places, we can conclude that smoking is allowed in an apartment building:

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

Is it possible to smoke inside or near the entrance?

A direct reference to the ban on smoking at entrances is contained in 15-FZ, since the entrance is a public space.But the law says nothing about whether it is possible to smoke not at the entrance to a house, but near it.In other words, there is no direct prohibition, but only if the chosen place to smoke near the entrance does not belong to a children's 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 establish restrictions on the use of tobacco products in certain places.Authorities in some regions took advantage of this right and banned smoking within 15 meters of 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 modern IQOS uses pressed tobacco sticks, so the smoking system is classified as a tobacco product and is prohibited.E-cigarette liquid does not contain tobacco, which means no restrictions apply to these devices.

Therefore, you can only ask your neighbor not to smoke electronic cigarettes at the entrance, as it will not be possible to prohibit him from doing so 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 any of the residents have 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 to the category of an administrative offense.If there is no tobacco in the mix, smoking hookah on the stairs is not prohibited by law.

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

Fighting with neighbors who smoke at the entrance is not only the right, but also the duty of everyone living in the house.In this way, they protect their health and the health of other people, including children who live near them.If one of the neighbors smokes in the entrance, causing others to breathe harmful tobacco smoke, does not respond to requests and does not negotiate, the best thing that can be done is to file a complaint with the competent authorities.

Where can I complain if people smoke at the entrance?

There are several authorities you can contact if people in the house smoke in the entrance.One option is to call the police.You can also complain to your local police officer.A more serious step would be to contact the Public Prosecutor's Office.

The most global option is to file a lawsuit.In this case, if there are signs of damage, you can count on the fact that the offender will not only be fined, but also compensated for the damage caused.

How to write an application?

The application is written in any format, but you still need to follow some writing rules and indicate the following data:

• to whom the request 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);
• nuisance 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, it is necessary 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, general meeting of residents, etc.).The more detailed the ad, the faster the action will be.

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 the applicant himself and other residents of the house;
• photographs or video materials taken by one of the neighbors;
• recordings from CCTV cameras installed at the entrance.

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

How is the request analyzed?

A report received by the police about smoking at the entrance must be registered within three days.After that, employees have 30 days to verify the facts and evidence contained 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 an administrative offense case.

If, within 30 days after submitting the application, the police did not take any action and did not notify the applicant about the results of the inspection and the decision made on the application, he or she may file a complaint with the Public Prosecutor's Office.

Responsibility for smoking at 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 ban on smoking in the workplace);
• civil law (if smoking causes harm to people's health).

The punishment for smoking at the entrance to a residential building is established by article 6.24 of the Code of Administrative Offenses.The fine for smoking in the entrance of a residential building is $6.5 to $19.5.

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

There are often situations where it is not the owner of the property who smokes on the landing, but rather the person renting the apartment.The tenant takes care of the rented 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 conditions of the entrance concern us 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 actual residence.Therefore, in the event that conversations turn out to be useless, it is necessary to act according to the standard procedure - collect evidence and contact the police with a complaint.

It is often possible to obtain results without involving the appropriate authorities if the owners are involved in the case.Many rent apartments, ignoring tax legislation and therefore are not interested in any processes or inspections.Thus, the landlord can influence the tenant, for example, by writing a separate clause in the contract regarding smoking.

Organization of a smoking area

Apartment building designs 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 reach an agreement with them.Sometimes this helps to achieve results, saving time and avoiding conflicts.There are several options:

1. 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 secondhand smoke.
2. General assembly.Among the neighbors there will probably be many who will also not be pleased with the dirt and smell of tobacco at the entrance.Together you can choose the most effective measures to influence the smoker.And if you agree to participate in the meeting, you may hear the majority's opinion.
3. 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 authorities.
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.Furthermore, camera recordings are indisputable proof of the violation committed.
5. Device for smoking room.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, in apartment buildings aims to protect the health of citizens from the harmful effects of tobacco smoke.In order for the established standards to be observed in each house and specific entrance, control by the residents of the house is necessary.Only the joint effort of citizens and the police will make it possible to confront violating smokers.