In the Russian Federation there is already a law prohibiting citizens from smoking on the street. The new law against tobacco involves the construction of specialized places for smokers, because walking down the street and smoking is a violation of the law, which leads to punishment.
Specialized smoking areas will be equipped with ashtrays and artificial lighting (an excellent replacement for the moon and sun).
In accordance with the new legislative initiative, which was approved by the State Duma, smoking areas will be located in separate rooms, common areas of multi-storey buildings, and on long-distance vessels carrying passengers.
Law on smoking in an apartment building
When talking about the law on smoking in MKD, it is worth keeping in mind several acts at once:
- Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” dated February 23, 2013 N 15-FZ;
- Article 23 of the Code of Administrative Offenses of the Russian Federation;
- Article 36 of the Housing Code of the Russian Federation;
- Decree of the Government of the Russian Federation of August 13, 2006 N 491.
The law on smoking in apartment buildings was adopted in 2013. From now on, everyone who allows themselves to smoke in common areas and elevators is declared legally. For violation they face administrative liability.
What does the smoking law say?
The law is aimed at reducing tobacco consumption by the population and organizing measures to minimize the impact of tobacco smoke on others. For this:
- smoking bans have been introduced in certain rooms, facilities, and territories;
- measures have been taken to reduce the demand for tobacco-containing products;
- information work is carried out with the population about the dangers of smoking, at the same time a ban on advertising of tobacco products has been introduced;
- medical assistance is provided in the treatment of tobacco addiction;
- Sale of tobacco-containing products to minors is prohibited.
Article 12 of the Law establishes a complete ban on smoking in the following places:
- in educational, cultural, medical, sports, rehabilitation institutions;
- on all types of public transport (including urban, suburban routes, trains and long-distance ships, aircraft, railways);
- indoors and outdoors (no closer than 15 meters from the entrance) near bus and railway stations, river and airports, stations and platforms of railway transport, metro, etc.;
- in premises for temporary accommodation and residence of citizens, public catering, trade and consumer services;
- in social facilities;
- in buildings of state and municipal authorities;
- on playgrounds and public beaches;
- in elevator cabins and common areas of apartment buildings;
- at gas stations;
- at workplaces.
Smoking is permitted only in places outside this list and in specially organized areas (smoking rooms). Penalties are provided for violation of the law.
Where exactly is smoking prohibited in the apartment building?
The area of the house can be huge, so it is necessary to specify in which rooms smoking is prohibited by law.
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According to clause 10, part 1, art. 12 Federal Law No. 15 of February 23, 2013, it is prohibited to smoke in elevators and common areas of the apartment building.
The Housing Code of the Russian Federation specifies what exactly should be understood as common areas:
- Inter-apartment landings.
- Stairs.
- Elevators and their shafts.
- Corridors.
- Attics.
- Roofs.
- Cellars.
- Technical floors, warehouses.
- Wheelchairs.
The adjacent area and buildings located on it cannot also be used for smoking. Therefore, if someone smokes in a garage or in a parking lot, which is located on the land plot of an apartment building, this is a reason to contact the competent authorities.
Where allowed
- Outdoors, except in the areas noted above.
- At a distance of 15 meters from metro stations, bus stops, train stations, airports, public institutions.
- In designated areas for smoking at work, in cafes, trains, etc. This can be an outdoor area or a room with good ventilation.
Requirements for the organization of specially equipped places
An outdoor smoking room must be equipped with a “Smoking Area” sign. Ashtrays must be installed. There should be no flammable items on the premises. If the smoking room will be used at night, it is necessary to take care of artificial lighting.
Requirements for isolated rooms where smoking is allowed:
- The room must have supply and exhaust ventilation. It removes smoky smog outside, brings fresh air inside, and prevents smoke from penetrating into adjacent rooms.
- A door is required. It will prevent tobacco smoke from entering adjacent rooms.
- There should be a sign on the door: “Smoking area.”
- Ashtrays and a fire extinguisher should be placed in the smoking room.
Is it possible to smoke on the balcony?
It depends on what kind of balcony we are talking about. If you mean a balcony on the floor, then you can’t. If in an apartment, it’s possible.
There are often cases when management companies have to sort out disputes regarding smoke on common balconies. Some people think that by hanging a “Smoking Area” sign on it, they are not breaking the law and smoking in a specially designated area.
In fact, clause 2 of the RF PP No. 491 dated 08/13/06 classifies the balcony on the floor as a common area. To use it for smoking purposes, it must be equipped. But even before that, you will need to literally ask permission from the other neighbors in the house. This can be done through a neighborhood meeting. The consent of other residents must be formalized in the form of a decision of the OSS or HOA, residential complex, housing cooperative, management company.
Requirements for outdoor smoking rooms:
