Smoking on the landing of a residential building

The ban on smoking in public spaces 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 in their homes, unknowing citizens prefer to smoke in the stairwells and thus bother their neighbors.

Where is smoking allowed in an apartment building?

Federal Law 15-FZ of February 23, 2013 is intended to protect the health of citizens from the effects of tobacco smoke and regulates the consumption of tobacco and tobacco products.Article 12 of the Smoking Act lists premises, objects and areas where smoking products containing tobacco is 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 places where smoking is allowed, 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 smoking allowed 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.However, the law says nothing about whether smoking is permitted not in the entrance area of a 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 a playground, the premises of an educational, sports or medical institution.

There is an important nuance.The law provides for the right of subjects to independently establish restrictions on the consumption of tobacco products in certain places.Authorities in some regions took advantage of this right and imposed a ban on smoking closer than 15 meters from the entrance.

Is smoking e-cigarettes and IQOS possible?

So far, legal restrictions only apply to products that contain tobacco and its derivatives.Today's fashionable IQOS uses pressed tobacco sticks, so the smoking system is classified as a tobacco product and banned.Electronic cigarette liquids do not contain tobacco, so there are no restrictions on these devices.

Therefore, you can only ask your neighbor not to smoke electronic cigarettes in the entrance area, as the law cannot prohibit him from doing so.

Is it possible to smoke a hookah in the entrance area?

It's hard to imagine smoking a hookah on the landing of an apartment building.However, 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 incense mixture.The presence of tobacco in the mixture immediately assigns hookah smoking at the entrance to the category of administrative offenses.If the mixture does not contain tobacco, smoking a hookah on the stairs is not prohibited by law.

When can you complain about a neighbor smoking in the entrance area?

Fighting against neighbors smoking in the entrance area is not only the right, but also the duty of all residents of the house.In this way, they protect their health and the health of other people, including children living near them.If one of the neighbors smokes in the entrance area, causing others to inhale harmful tobacco smoke, does not respond to requests and does not negotiate, it is best to file a complaint with the relevant authorities.

Where can I complain if there is smoking in the entrance area?

There are several authorities you can contact if the residents of the house smoke in the entrance area.One option is to call the police.You can also complain to the local police officer.A more serious step would be to contact the public prosecutor's office.

The most complete option is to file a lawsuit in court.In this case, if there is proof of damage, you can count on the perpetrator not only receiving a fine, but also compensation for the damage caused.

How do I write an application?

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

• who the application is aimed at;
• Applicant’s full name and contact details;
• the nature of the violation (preferably with reference to the relevant article of the law);
• Inconvenience caused to the residents of the house due to neighbors smoking;
• In fact, it is a request to conduct an investigation and bring the perpetrator to justice.

In addition, you must attach the available evidence of the violation and also list what measures have already been taken to solve the problem (e.g. conversations with the smoker, a residents' meeting, etc.).The more detailed the announcement, the faster action will be taken.

How to prove the guilt of a smoker?

Before contacting the relevant authorities with a complaint, it is necessary to collect evidence that a neighbor is smoking on the landing.The confirmation can be:

• Testimony from both the applicant himself and other residents of the house;
• Photos or video footage taken by one of the neighbors;
• Footage from CCTV cameras installed in the entrance area.

The conclusive evidence will be the conclusion of the local police officer who registered the violation, but organizing such an event is quite difficult.

How is the application checked?

A complaint received by the police about smoking in the entrance area must be registered within three days.Employees then have 30 days to review the facts and evidence stated in the application.If the inspection confirms the violation, the district police officer initiates proceedings for an administrative offense in accordance with Article 23.3 of the Code of Administrative Offenses.

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

Responsibility for smoking in the entrance area

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

• administrative (regulated by the Administrative Code);
• disciplinary action (in relation to employees who have violated the ban on smoking in the workplace);
• Civil law (if smoking causes health damage).

The penalty for smoking in the entrance area of a residential building is set out in Article 6.24 of the Code of Administrative Offenses.The fine for smoking in the entrance area of a residential building is $6.5 to $19.5.

What should you do if it is not the apartment owner but the tenant who smokes?

It often happens that it is not the owner of the property who smokes on the landing, but the tenant of the apartment.Tenants take care of their rental property because in most cases they have to pay for damage to the property out of their own pocket.But they are far less concerned about good relationships 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.In the event of a violation of the smoking law, the place of registration and actual place of residence are irrelevant.So if the conversations turn out to be useless, you will have to follow the standard procedure - collect evidence and contact the police with a report.

When homeowners are involved in the case, it is often possible to achieve results without involving the relevant authorities.Many rent apartments in violation of tax laws and therefore have no interest in procedures or controls.For example, the owner can influence the tenant by writing a separate clause about smoking in the contract.

Setting up a smoking area

Multi-family house projects very rarely provide for separate smoking areas.Residents can equip these themselves.To do this, it is necessary to insulate part of the common area and install a ventilation system or an extractor hood.Such measures must be approved by residents at a general meeting.

Peaceful ways to solve the problem

Before you decide to deal with smokers, you can try to reach an agreement with them.Sometimes this helps achieve results by saving time and avoiding conflict.There are several options:

1. Negotiation.The easiest method is to talk to the smoker and explain what inconvenience his habit causes to the other residents of the house.You can educate him by informing him about the dangers of secondhand smoke.
2. General meeting.There are probably many neighbors who don't like the dirt and smell of tobacco in the entrance area either.Together you can choose the most effective measures to influence the smoker.And if he agrees to attend the meeting, perhaps he will listen to the opinion of the majority.
3. Information stands or announcements at the entrance.Not only can you place information about the smoking ban, but you can also point out that in the event of systematic violations, law enforcement authorities will be contacted immediately.
4. Installation of video cameras.This step involves a financial cost, but will most likely discourage the smoker from smoking in front of the lens.In addition, camera footage is indisputable evidence of the violation committed.
5. Smoking room device.This method also requires expenses and additional consent from the residents of the house, but you can take into account the interests of both smoking and non-smoking neighbors.

Diploma

The ban on smoking in public places and especially in residential buildings is intended to protect the health of citizens from the harmful effects of tobacco smoke.In order for the established standards to be adhered to in each individual house and entrance, inspection by the residents of the house is necessary.Only the joint efforts of citizens and the police will make it possible to take action against smokers.