Whether it is possible to smoke at an apartment house entrance? Whether
Can be smoked on a landing at an entrance of an apartment house and how to forbid neighbors to smoke at an entrance - these burning topics it is widely discussed at forums on the Internet. Let`s give several characteristic examples.
“We have on the floor 4 apartments. In three of them there live smokers. When they after work come to smoke to a landing, in 10 minutes the cigarette smoke appears in our apartment. Requests and admonitions do not help. We smoke not in your apartment - smokers answer“.
“The neighbor in the house, the man it seems decent, evenings and during week-end prefers to smoke on a balcony, as if in the territory. However the smoke from its cigarettes drags on in our window leaf and we, thus, became passive smokers“.
“I live on the fifth floor in a five-storey apartment block. Every time, rising on foot to itself to the apartment, it is necessary to inhale a tobacco stench. Almost on each floor not only smoke, but also in time do not shake out cans, utykanny the extinguished bull-calves. Why our deputies cannot still forbid to smoke at an entrance?“
It appears i even if neighbors smoke at themselves in kitchen, then it does not guarantee you tranquility. The smoke can get to your apartment through a ventilating box. It often happens, especially in houses of old construction.
Now let`s listen to the opposite side, i.e. smokers.
“I live on the first floor of an apartment house. I rise by a landing with the ashtray in the evenings, I open the window located there and I smoke one cigarette. What to me there can be claims from some activists of our house? I too, as well as non-smoking residents, pay for utilities where cleaning of an entrance is included. Too a lot of things in it are not pleasant to me: garbage on landings, smells of the burned slightly food from the neighboring apartments, continuous repair behind a wall. But I should suffer all this“. whether
can So be smoked on landings at entrances of apartment houses? Let`s address for the answer lawyers.
Unfortunately, there is no direct ban on smoking at an entrance, on a landing and even in the elevator in one Russian law. In particular, in Art. 6 of Federal Law “About Tobacco Smoking Restriction“ accepted 10. 07. 2001, it is said that it is forbidden to smoke tobacco in public transport, on workplaces, on the plane if time of flight is less than three hours, in cultural institutions, education and health care, and also in the closed sports constructions. In the law nothing in housing stock is told about a smoking ban.
At the same time there are some acts from which such ban logically follows and which allow to call heavy smokers to account. In particular, of Art. 247 of the Civil Code of the Russian Federation says that the owner of the apartment in an apartment house possesses the corresponding share of property on the general property, i.e. elevators, landings and so forth. Thus, you have full authority to demand to stop smoking at an entrance and on landings as you did not agree to such use of the general property.
Lawyers advise: if smokers got, then it is necessary to complain in writing of them to management company on dirt from stubs and ashes also a tobacco stench at an entrance. According to Art. 6. 4 Codes of the Russian Federation about administrative offenses, non-compliance with sanitary standards of operation of public places are attracted by imposing of a penalty in the amount of 5 to 10 minimum wages.
In the West every year measures for fight against smoking become tougher. It not only a ban to smoke in cafe and restaurants. In one of states of the USA even in own apartment it is impossible to smoke if the cigarette smoke disturbs neighbors.
We have no such rigid restrictions for heavy smokers yet. Why so far? The matter is that recently Russia signed the convention of WHO which assumes a total ban on smoking in public places. And in the Duma the bill which is under consideration in the government which forbids to sell cigarettes in stalls is developed and to smoke in public places, including at stations, in cafe and restaurants.
However, while it is unknown, the ban on smoking will reach our entrances and staircases or not?
Source: “Apartment as habitat“ www. kvartira - box. ru