Smoking on the landing of a residential building

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

However, not all residents are willing to comply with legal requirements.While conscientious citizens smoke inside their apartments, less conscientious 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 Tobacco Law lists the premises, objects and areas in which 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 in or near the entrance?

15-FZ includes a direct reference to the prohibition of smoking at entrances, since an entrance is a public space.But the law does not say anything about whether it is possible to smoke not at the entrance to a house, but near it.That is, there is no direct prohibition, but only if the place chosen for smoking near the entrance does not belong to a playground, to the territory of an educational, sports or medical institution.

There is an important nuance.The law establishes 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-liquid does not contain tobacco, which means that no restrictions apply to these devices.

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

Can you smoke hookah in the entrance?

It's hard to imagine smoking a 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 turns hookah consumption into the category of administrative offenses.If there is no tobacco in the mix, the law does not prohibit smoking a hookah on stairs.

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

Fighting neighbors who smoke in the entrance is not only a right, but also a duty of all the 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 entrance, causing others to breathe the harmful tobacco smoke, does not respond to requests and does not negotiate, then the best thing to do is to file a complaint with the corresponding authorities.

Where to complain if they smoke at the entrance?

There are several authorities you can contact if your home's neighbors smoke in the driveway.One option is to call the police.You can also file a complaint 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 offender not only being fined, but also compensated for the damage caused.

How to write an application?

The application is drawn up in any form, but it is still necessary 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);
• inconveniences experienced by residents of the house due to neighbors smoking;
• in effect, a request to conduct an investigation and bring the offender to justice.

In addition, you must attach the available evidence of the violation and also list the measures that 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 faster action will be taken.

How to prove the guilt of a smoker?

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

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

The conclusive evidence 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 reviewed?

A complaint received by the police about smoking at the entrance must be registered within three days.After this, employees have 30 days to verify the facts and evidence presented in the request.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 violation 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, 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 may 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 in article 6.24 of the Code of Administrative Offenses.The fine for smoking in the entrance of a residential building is $6.5 – $19.5.

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

There are often 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 rental property, as in most cases they will have to pay out of pocket for damage to the property.But they are much less concerned about good relations with neighbors or the condition of the entrance.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 or actual residence.So, in the event that the conversations turn out to be useless, you should 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 procedures or inspections.Thus, the landlord can influence the tenant, for example, by writing a separate smoking clause in the contract.

Organization of a smoking area.

Apartment building projects rarely have 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 extractor hood.These actions must be approved by the residents in a general assembly.

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 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 their habit causes to the other inhabitants of the house.You can educate him by telling him about the dangers of passive smoking.
2. general assembly.Among the neighbors there will probably be many who are also unhappy with the dirt and the smell of tobacco at the entrance.Together you can choose the most effective measures to influence the smoker.And if you agree to attend the meeting, perhaps you will hear the opinion of the majority.
3. Information stands or advertisements at the entrance.They can not only publish 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 are indisputable proof of the violation committed.
5. Smoking room device.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 both smoking and non-smoking neighbors.

Conclusion

The ban on smoking in public places and, in particular, in apartment buildings is aimed at protecting the health of citizens from the harmful effects of tobacco smoke.In order for the rules established in each house and specific entrance to be observed, control by the neighbors of the house is necessary.Only the joint efforts of citizens and the police will make it possible to deal with offending smokers.