A ban on smoking in public places is enshrined in federal law.These places include common areas of apartment buildings.
However, not all residents are ready to comply with the legal requirements.Conscientious citizens smoke in their apartments, while unscrupulous citizens prefer to smoke in stairwells, causing inconvenience to their neighbors.
Where can I smoke in an apartment building?
Federal Law No. 15-FZ of February 23, 2013 aims to protect the health of citizens from the effects of tobacco smoke and regulate the use of tobacco and tobacco products.Article 12 of the Smoking Law lists places, objects and areas where smoking of tobacco-containing products is prohibited.In accordance with Article 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 where smoking is allowed, but based on the list of prohibited places, we can conclude that smoking is allowed in apartment buildings:
- In the apartment, on the balcony of the apartment;
- In specially designated smoking areas.
Is smoking allowed at or near the entrance?
The prohibition of smoking at the entrance is directly mentioned in 15-FZ as the entrance is a public space.But the law does not clearly state whether smoking is allowed not at the entrance to the house, but near the house.That is, there is no direct prohibition, provided that the chosen smoking location near the entrance does not fall within the boundaries of amusement parks, educational, sports or medical institutions.
There is an important nuance.The law provides that entities have the right to independently set restrictions on the use of tobacco products in certain places.Some regional authorities take advantage of this right by banning smoking within 15 meters of the entrance.
Can e-cigarettes and IQOS be smoked at the same time?
To date, legislative restrictions have only applied to products containing tobacco and its derivatives.Today's fashionable IQOS uses pressed cigarette sticks, so the smoking system is classified as a tobacco product and banned.E-cigarette liquids do not contain tobacco, which means these devices are not restricted.
Therefore, you can only ask your neighbor not to smoke e-cigarettes at the door, because the law cannot prohibit him from doing so.
Can you smoke hookah at the door?
It’s hard to imagine smoking hookah on the terrace of an apartment building.But if one of the residents came up with such an idea, we must remember that the legality of such an act depends directly on the composition of the smoking mixture.The presence of tobacco in the mixture immediately places the smoking of hookah at the entrance into the category of administrative offenses.The law does not prohibit shisha smoking on stairs if the mixture does not contain tobacco.
When can I complain about my neighbor smoking outside my door?
It is not only the right but also the obligation of all residents to fight against neighbors who smoke outside their doorways.In this way, they protect their own health and the health of others, including children who live near them.If one of the neighbors is smoking at the entrance, causing others to inhale harmful tobacco smoke, and does not respond to requests and does not negotiate, then the best thing to do is to file a complaint with the appropriate authorities.
Where can I complain if I smoke at the door?
There are a number of authorities you can contact if a home's occupants smoke in the entryway.One option is to call the police.You can also complain to your local police.A more serious step is to contact the prosecutor's office.
The most common option is to file a claim in court.In this case, if there is evidence of damage, you can count on the offender not only being fined, but also being compensated for the damage caused.
How to write an application letter?
The application can be written in any form, but still needs to follow some drafting rules and indicate the following data:
- Recipient of the application;
- The applicant’s full name and contact details;
- The essence of the illegal act (it is best to refer to the relevant provisions of the law);
- Inconvenience to the occupants of the property due to neighbor smoking;
- In fact, it is a call for an investigation and for the perpetrators to be brought to justice.
Additionally, you will need to attach evidence of existing violations and list what steps have been taken to resolve the problem (e.g., talking to smokers, holding residents’ meetings, etc.).The more detailed the announcement, the faster action can be taken.
How to prove a smoker's guilt?
Before contacting the relevant authorities to lodge a complaint, it is necessary to collect evidence of your neighbor smoking on the landing.Confirmation can be:
- Witness statements from the applicant and other residents of the house;
- Photos or video material taken by one of the neighbors;
- Recording from the CCTV camera installed at the entrance.
Conclusive evidence would be the conclusion of the local police who recorded the violations, but organizing such an event is quite difficult.
How is the application reviewed?
Complaints about smoking at entrances must be registered by the police within three days.Thereafter, the employee has 30 days to verify the facts and evidence stated in the application.If the inspection confirms the existence of a violation, an administrative violation case will be opened by the district police officer in accordance with Article 23.3 of the Code of Administrative Offenses.
If within 30 days of submitting your application, the police do not take any action and do not inform the applicant of the results of the inspection and the decision on the application, you can file a complaint with the Prosecutor's Office.
Responsibility for smoking at the entrance
According to the law, liability for smoking in the wrong place can be:
- Administration (governed by the Administrative Code);
- Disciplinary action (for employees who violate workplace smoking bans);
- Civil law (if damage is caused to people's health due to smoking).
Article 6.24 of the Code of Administrative Offenses provides for penalties for smoking at the entrance to a residential building.The fine for smoking at the entrance to a residential building ranges from $6.50 to $19.50.
What if the person smoking is not the apartment owner but the tenant?
It often happens that the person smoking on the landing is not the owner, but the tenant of the apartment.Tenants take good care of their rented property because in most cases they have to pay for damage to the property out of their own pocket.But good relations with neighbors or the condition of the entrance are less important to them.That is why it is not always possible to reach an agreement with them.
However, in this case, punishing the criminal is no more difficult than punishing any other resident of the house.Whether or not the smoking law is violated has nothing to do with the place of registration or actual residence.So if the conversation doesn't work, you need to follow standard procedure - collect evidence and file a police complaint.
If the homeowner becomes involved in the case, an outcome can often be achieved without involving the authorities.Many people rent out their apartments, ignoring tax laws and therefore not interested in any lawsuits or inspections.Landlords can therefore influence tenants, for example, by writing separate clauses about smoking in contracts.
Organization of smoking areas
Apartment building projects rarely provide separate smoking areas.Residents can equip themselves.To do this, parts of the common areas need to be isolated and ventilation systems or hoods installed.Such actions must be approved by residents at a residents' meeting.
Solve problems peacefully
Before you choose how to deal with a smoker, you can try to come to an agreement with them.Sometimes this helps achieve results by saving time and avoiding conflict.There are several options:
- negotiation.The easiest way is to talk to the smoker and explain how his habit inconveniences the other residents of the house.You can educate him by telling him about the dangers of passive smoking.
- General Assembly.There may be many neighbors who are also dissatisfied with the smell of dirt and smoke at the door.Together you can choose the most effective measures to influence smokers.And if he agrees to attend the meeting, then maybe he will listen to the majority.
- Information station or announcement at the entrance.Not only can they post information about the smoking ban, but they can also indicate that systemic violations will result in immediate contact with law enforcement agencies.
- Install the camera.This step would come at a financial cost, but would likely deter smokers from smoking in front of cameras.Furthermore, camera recordings are indisputable evidence of illegal conduct.
- Smoking room equipment.This method also costs money and requires the consent of the property's residents, but it allows you to accommodate the interests of both smoking and non-smoking neighbors.
in conclusion
The purpose of banning smoking in public places, especially in apartment buildings, is to protect the health of citizens from the harmful effects of tobacco smoke.In order to comply with the established standards in each specific house and entrance, control needs to be carried out by the residents of the house.Only the joint efforts of citizens and the police will make it possible to deal with illegal smokers.