Apartment building balcony smoking law 2021

2024 Author: James Gerald | [email protected]. Last modified: 2023-12-17 14:00

At the beginning of this year, many TV channels broadcasted the news that a new law on smoking on the balcony in an apartment building was being introduced in 2021. In accordance with it, citizens who smoke will be fined 3 thousand rubles if they violate the bans. The news was immediately actively discussed on the Internet by smoking Russians, outraged by such arbitrariness. Clarifications on this issue will help to understand the current situation.

What innovations will be introduced in the smoking law in 2021?

Representatives of TV companies, who aired programs on the topic of new restrictions for smokers, misled Russians.

At the legislative level, no new restrictions on the rights of smokers were adopted, prohibiting them from smoking in their apartments.

The information used by television journalists related to the new Fire Safety Rules, according to which it is forbidden to make fires related to open sources of combustion on such remote architectural structures in residential and administrative buildings.

An Emergencies Ministry employee who commented on these innovations mistakenly attributed smoking on the balcony to an open fire. It should be borne in mind that this fire safety rule itself cannot be considered new, since it has been in effect for a long time. This information, as well as the absence of new legislative acts imposing restrictions on Russian smokers, allows us to state that there will be no new bans on smokers in Russia in 2021.

Owners of apartments in high-rise buildings, as well as those who live in cottages, can safely smoke on their loggias and balconies without fear of penalties.

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Where is smoking prohibited under the new law?

In order not to be fined, smokers should re-examine the law on smoking on the balcony in an apartment building in 2021. The current restriction applies only to public places, which include:

• balconies and loggias in hotels and hotels;
• public balconies and loggias in small families and hostels;
• common corridors;
• stairwells, spans and other common areas.

The current legislation does not impose restrictions on smoking in your apartment, part of which is also a loggia with a balcony that does not have direct communication with neighboring apartments.

The law on smokers has been in effect since October 1, 2019. According to this legislative act, smoking is prohibited in public places, which include balconies in small families and dormitories. In hotels, hotels, libraries, office buildings and other facilities, the administration should equip special rooms for smokers, installing air conditioners, ashtrays and fire-fighting equipment in them.

You can smoke on your balconies and loggias, through a window or an open window, as well as inside your apartment. The smoker has the right to smoke in the courtyard of the house, only in this case it is necessary to move away from the entrance at a distance of 10 m so that the smoke from cigarettes does not enter the windows of the apartments located on the ground floor.

Smoking on private balconies and loggias can not only be the owners of the apartments themselves, but also their guests, as well as people who rent apartments.

When smoking in such places, you should follow fire safety rules and do not throw cigarette butts over fences into the street.

Apartment owners who do not properly equip a smoking area on their balcony risk facing administrative or even criminal prosecution if their half-smoked cigarettes cause a fire in neighboring balconies and loggias.

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Public smoking abuse law

Non-smokers can prosecute their smoking neighbors for violating their rights to a healthy indoor climate and smoking in public areas.

The law on smoking on the balcony in an apartment building in 2021 provides for fines and administrative penalties for those who violate the established rules:

• from 500 to 1500 rubles in common areas in apartment buildings where there are no children;
• from 2 to 3 thousand rubles for smoking in playgrounds or under the windows of neighbors from the first floors.

Non-smoking apartment dwellers may contact government officials and administrative officials to bring order to troublemakers:

• to the district;
• in GZI;
• to the territorial office of Rospotrebnadzor.

Only official control or law enforcement agencies can decide on the amount of the fine.

If admonitions, remarks and conversations with the district police officer do not work for the offender, tenants suffering from tobacco smoke can file a complaint with the prosecutor's office.

Those who are interested in the law on smoking on their balconies or loggias in apartment buildings in 2021 need to know that no one can fine them when smoking on the territory of their homes.

Outcomes

1. The owner is not prohibited by law from smoking on his balcony or loggia.
2. It is forbidden to smoke on public balconies and loggias in apartment buildings, hotels, hotels, hostels and office buildings. In such places, there should be specially equipped smoking rooms.
3. Smoking is prohibited on staircases at the entrance, on staircases, under the windows of apartments located on the first floors.
4. Residents who do not smoke can file a written complaint with law enforcement or regulatory agencies against those who violate applicable laws.