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 the common areas of residential buildings.

However, not all residents are willing to comply with legal requirements.While conscientious citizens smoke in their apartments, unconscious citizens prefer to smoke in the stairwell, thus causing inconvenience to their neighbors.

Where can you smoke in a 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 Act lists the premises, objects and areas in which smoking products containing tobacco is prohibited.According to 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 which places are permitted for smoking, but based on the list of prohibited places, it can be concluded that smoking is permitted in a 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?

A direct reference to the ban on smoking in entrances is contained in 15-FZ, since an entrance is a public space.But the law says nothing about the possibility of smoking not at the entrance to a house, but nearby.That is, there is no direct ban, 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 provides for the right of subjects to independently set restrictions on the use of tobacco products in certain places.Authorities in some regions have taken 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 only apply to products containing tobacco and its derivatives.Today's fashionable IQOS uses pressed tobacco sticks, making the smoking system classified as a tobacco product and prohibited.E-cigarette liquid does not contain tobacco, which means no restrictions apply to these gadgets.

You can therefore only ask your neighbor not to smoke an electronic cigarette in the entrance, since it will not be possible to prohibit him from doing so by law.

Is it possible to smoke a hookah in the entrance?

It's hard to imagine smoking a hookah on the landing of a building.But if any of the residents have such an idea, it should be remembered 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 entry into the category of administrative offenses.If there is no tobacco in the mixture, smoking a hookah on the stairs is not against the law.

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

Fighting neighbors who smoke in the entrance is not only a right, but also a duty of all residents of the house.They thus protect their health and that of other people, including children living nearby.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, then the best thing to do 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 at the entrance.One option is to call the police.You can also file a complaint with the local police officer.A more serious approach would be to contact the public prosecutor's office.

The most comprehensive option is to file a complaint in court.In this case, if there is evidence of harm, you can count on the fact that the violator will not only be fined, but also compensated for the damage caused.

How to write an application?

The application is drawn up in any form, but you must still 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);
• the inconvenience suffered by the residents of the house due to the fact that neighbors smoke;
• in effect, a request to investigate and bring the offender to justice.

Additionally, you must attach the available evidence of the offense, as well as list the measures already taken to resolve the problem (for example, conversations with the smoker, general meeting of residents, etc.).The more detailed the announcement, the quicker action will be taken.

How to prove the guilt of a smoker?

Before filing a complaint with the competent authorities, it is necessary to obtain proof that a neighbor is smoking on the landing.Confirmation can be:

• witness statements from the applicant himself and other residents of the house;
• photographs or video material taken by one of the neighbors;
• recordings from video surveillance cameras installed in 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 examined?

A complaint received by the police regarding smoking in the lobby must be registered within three days.After that, employees have 30 days to verify the facts and evidence stated in the request.If the inspection confirms the offense, then, in accordance with article 23.3 of the Code of Administrative Offenses, the district police officer initiates proceedings for an administrative offense.

If, within 30 days after submitting the application, the police have not taken any action and have not informed 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 harms people's health).

The penalty for smoking at the entrance to a residential building is set by article 6.24 of the Code of Administrative Offenses.The fine for smoking at the entrance to 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?

It often happens that 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 because in most cases they will have to pay out of pocket for any damage caused to the property.But good relations with neighbors or the condition of the entrance concern them much less.That is why it is not always possible to get along with them.

However, punishing the offender in this case is no more difficult than punishing any other resident of the house.Violation of the law on smoking does not depend on the place of registration and 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 to file a complaint.

It is often possible to obtain results without involving the relevant authorities if the owners are involved in the matter.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 drafting a separate clause in the contract regarding smoking.

Arrangement of a smoking area

Apartment building projects very rarely provide separate smoking areas.Residents can equip them themselves.To do this, it is necessary to isolate part of the common space and install a ventilation system or a hood.Such actions must be approved by residents at a general meeting.

Peaceful ways to resolve the problem

Before choosing how to deal with smokers, you can try to come to 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 the inconvenience his habit causes to other residents of the house.You can educate him by talking to him about the dangers of passive smoking.
2. General assembly.Among the neighbors, there will probably be many who will also not be happy 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 attend the meeting, then perhaps he will listen to the majority opinion.
3. Information stands or announcements 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 constitute indisputable proof of the violation committed.
5. Smoking device.This method will also require expenses, 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 particularly in residential buildings aims to protect the health of citizens against the harmful effects of tobacco smoke.In order for the established standards to be met in each specific house and entrance, monitoring by the residents of the house is necessary.Only the joint efforts of citizens and the police will make it possible to combat illegal smokers.