For a long time, smoking at the entrance to an apartment building was considered the norm. However, tobacco smoke and secondhand smoke pose a risk to the health of all other residents. Due to the adoption of the anti-smoking law, the rights of many smokers have been restricted.
Prohibited places, as well as the responsibility for violating the established norms are determined by law. Despite the adoption of the law, the ban on smoking at the entrance is still not taken seriously, which is why the residents of the cooperative suffer.
Often the smoking neighbor refuses to listen to the comments of other residents and does not react in any way, believing that the entrance belongs to everyone and he has legal rights to use it at will.
Is it allowed to smoke at the entrance to a residential building
Until recently, smokers' rights were virtually unrestricted, so smoking in public places was not considered a crime. In case of dissatisfaction of other people, they had to negotiate with each other. However, it was impossible to force the smoker to influence because there was no regulatory framework. Attempts have been made several times to create the necessary account.
A law has been passed to restrict smoking in public places. Since then, the places where smoking is prohibited have been legally fixed.
The main objectives of the adoption of anti-smoking legislation were:
- protection and defense of human health from the damage caused by tobacco smoke;
- reducing the prevalence of bad habits among minors;
- helps people who want to give up addiction.
The main method of regulation in the law is the imposition of restrictions on smoking in certain places. A large number of public places were immediately banned, including common areas for apartment building owners.
The article stipulates that such places must include all premises intended to serve several dwellings at once and which are not part of dwellings - apartments.
From this moment there is a ban on smoking in the entrances, in the elevator, on the site and in any other common areas.
According to the regulations, the common property of the residents of a residential building includes: technical premises, basements, ceilings, corridors, foundations, veranda, roof. By decision of the owners, another property may be included in this list. The law banning smoking at the entrances applies to all the above places, regardless of the actual number of people in them.
It is important to note that the message banning smoking at the entrance is not mandatory and serves only as a reminder. You can bring the infringer to justice, regardless of the fact that the ad is placed.
Where you can smoke in a residential building
The apartment does not belong to public areas, so smoking in it is possible without restrictions. A loggia and a balcony are also considered part of the apartment.
Of course, it is necessary to respect the rights of other owners, even when you are in your apartment. Do not damage property or cause other damage. A person who has been harmed may seek compensation for this, as well as rely on moral compensation.
The law banning smoking at the entrances to residential buildings is valid with some exceptions. It is provided that tenants have the right to independently organize a specially designated place for this and to approve the decision of the general meeting of all owners of a residential building.
In this case, smoking will be considered legal and it will not be possible to bring a person to justice.
A specially equipped smoking room must meet the established requirements. It can be placed indoors, but with a mandatory hood and ventilation system, as well as outdoors, fencing and marking the area. During the design it is necessary to observe the existing rules for sanitary and fire safety.
The housing commission ensures the organization and decision-making by the general meeting of the owners of all premises of the house. For this you need:
- notifies all tenants in advance of the general meeting of owners. The notification procedure is usually determined by past meetings of the owners (for example, by publishing a notice in a public place);
- held a meeting of the owners. The meeting is competent and its decisions are valid only in the presence of more than half of the total number of owners. The decision shall be taken by a simple majority of the votes cast;
- upon approval of the idea, the owners determine the place and the way of organizing a special place.
In practice, the equipment in special places is rare, as it requires significant financial investment, as well as the collection of a general meeting, which in itself does not happen often.
Smoking is also allowed near the entrance to a residential building if the area does not belong to the playground and there is not a large crowd of people nearby.
Responsibility for smoking in public
Violation of the requirements of the law on combating smoking provides only administrative liability. Police officers have to enforce the rules, but this is not always possible, especially at home.
For starters, it's worth talking to smoking neighbors and explaining the situation. If you can't ban smoking on the site, you can't do it without police.
The easiest way is to call the police or the district police officer directly at the time of smoking in the wrong place. However, it is not a fact that it will be possible to find a smoker at the time of the violation.
In the absence of evidence, it will be impossible to draw up a report. In the best case, the inspector will hold an explanatory talk with the offender.
Then the question arises how to bring the smoker to real responsibility.
It is much more effective to gather the necessary evidence immediately. You can ask other neighbors to act as witnesses or videotape the crime. Shooting at the entrance is not prohibited, as it is a public place. At the same time it is allowed to install a camera, but only together with an information board.
Along with all the evidence, you need to contact the nearest police station and write a statement about the fact of an administrative violation. The police officer will be required to check the materials and make an informed decision based on them.
It is possible that the smoker will be held accountable for each fact of the violation separately.
Thus, smoking at the entrance to a residential building is prohibited unless a special place is provided. There is a fine for violating the requirements of the anti-smoking law.