Smoking on the landing of a residential building

The ban on smoking in public places is enshrined in law at the federal level.Such locations include common areas in apartment buildings.

However, not all residents are ready to comply with legal requirements.While conscientious citizens smoke in their apartments, non-conscientious citizens prefer to smoke on the stairs, causing inconvenience to neighbors.

Where can you smoke in a condominium?

Federal Law 15-FZ of February 23, 2013 is designed to protect the health of citizens from the effects of tobacco smoking and regulates the use of tobacco and tobacco products.Article 12 of the Law on Smoking lists the 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 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 balcony of the apartment;
• in specially designated smoking areas.

Is it possible to smoke inside or near the entrance?

A direct reference to the ban on smoking in entrances is contained in 15-FZ, as the entrance is a public space.But the law says nothing about the possibility of smoking not at the entrance to 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 the playground, the territory of an educational, sports or medical institution.

There is one important nuance.The law provides for the right of individuals to independently establish restrictions on the use of tobacco products in certain locations.The authorities of some regions have taken advantage of this right and established a ban on smoking within 15 meters of the entrance.

Is it possible to smoke e-cigarettes and IQOS?

To date, legislative restrictions apply only to products containing tobacco and its derivatives.Today's 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 gadgets.

Therefore, you will only be able to ask your neighbor not to smoke electronic cigarettes at the entrance, since it will not be possible to prohibit him from doing so by law.

Is it possible to smoke a hookah at the entrance?

It's hard to imagine smoking a hookah on the landing of an apartment building.But if such an idea occurs to one of the residents, 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 administrative violations.If there is no tobacco in the mixture, smoking a hookah on the stairs is not prohibited by law.

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

Fighting neighbors who smoke at the entrance is not only a right, but also a duty of all inhabitants of the house.In this way they protect their health and that of other people, including children who live near them.If one of the neighbors smokes in the hall, causing others to breathe 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 relevant authorities.

Where to complain if they smoke at the entrance?

There are several authorities you can contact if the residents of the house smoke in the entrance.One option is to call the police.You can also file a report with your 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 damage, you can count on the fact that the offender will not only be fined, but also compensate for the damage caused.

How to write a question?

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

• to whom the question is addressed;
• Full name and contact details of the applicant;
• the substance of the violation (preferably with reference to the relevant article of law);
• discomfort that the residents of the house experience due to neighbors' smoking;
• in fact, a request to conduct an investigation and bring the perpetrator to justice.

In addition, it is necessary to attach available evidence of the violation, and also list what measures have already been taken to resolve the problem (for example, conversations with a smoker, a general meeting of residents, etc.).The more detailed the announcement, the quicker the action will be.

How to prove the guilt of a smoker?

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

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

The decisive test 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 examined?

The complaint received by the police regarding smoking at the entrance must be registered within three days.Thereafter, employees have 30 days to verify the facts and evidence stated in the application.If the inspection confirms the violation, according to Article 23.3 of the Code of Administrative Offenses, the district police officer initiates a case of administrative violation.

If, within 30 days of submitting the application, the police did not take any action and did not inform the applicant of the results of the inspection and the decision made on the application, a complaint can be filed with the prosecutor's office.

Responsibility for those who smoke at the entrance

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

• administrative (regulated by the Administrative Code);
• disciplinary (in relation to employees who have violated the smoking ban in the workplace);
• civil law (if smoking causes damage 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 when entering a residential building is $6.50 - $19.50.

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

Often there are situations in which it is not the owner of the property who smokes on the landing, but the person who rents the apartment.Tenants take care of their rented property, as in most cases they will have to pay for damages to the property out of pocket.But good relations with neighbors or the state of the entrance worry 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 case 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 the relevant authorities if homeowners are involved in the case.Many rent 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

Condominium projects very rarely include separate smoking areas.Residents can equip them themselves.To do this you need 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 behave with smokers, you can try to reach an agreement with them.Sometimes this helps to achieve results by 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 tenants of the house.You can educate him by talking to him about the dangers of secondhand smoke.
2. General assembly.Among the neighbors there will probably be many who will also not be 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 participate in the meeting, perhaps he will listen to the majority opinion.
3. Information stands or announcements at the entrance.They can not only provide information about the smoking ban, but also indicate that systematic violations will be followed by immediate contact with law enforcement.
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, the camera recordings constitute indisputable proof of the violation committed.
5. Device for smoking room.This method will also require an expenditure of money and additionally 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 in condominiums has the aim of protecting the health of citizens from the harmful effects of tobacco smoke.In order for the established standards to be met 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 deal with violent smokers.