Smoking Laws within common areas in apartment blocks?

flanzer

Mods, feel free to move of need be.

I've run into a slight problem in the last number if weeks with my neighbour! She's decided to take up smoking, and I mean, smoking like a trooper! But rather than smoke her own apartment out of it, she likes to smoke the common area out of it and leave her ciggy butts stacked neatly in a pile in her ash tray on the window sil compounding the smell even further!!
Most of the time she'll 'courtiously' leave the landing windows open causing a nice thru-draft that would freeze the balls off a brass monkey!

I've had a run-in with her before a few months back, over her leaving her stinking rubbish out, but we've reached a level of decorum in the last number of weeks and would rather not stir it up again!

BTW I bought some small no-smoking stickers this morning which I stuck neatly to the windows this morning which were 'mysteriously' removed within the last hour!

I rang the management company this morning to see could they do anything about it, but they will get to me tomorrow.

Has anyone ever come across this before? Or know the legalities of it being a common/public area etc?

Cheers

*COUGH*......*COUGH*.......*COUGH*......:mad:

Sir Oxman

Don't know about the legalities, but my apartment block has rules potsed up specifically banning smoking in common areas amongst other stuff.
Doesn't stop people walking along corridors puffing away but yer one next door to you definitely needs a talking to..preferably by management company.

I hate inconsiderate tw&ts like that.

As for her leaving her rubbish in the common area!! That would make my blood boil, I mean what's that all about?

Darz0re

its legal, sorry to tell ya, but since people live there its not a public place.

I know that res in DCU is the only place you can smoke indoors in DCU

thats what i'm basing my statement on, well that and the law

Sir Oxman

its legal, sorry to tell ya, but since people live there its not a public place.

If so, his only course of action is the management company, whether that'll be worth the hassle or not I dunno. Probably best trying to talk to the goon next door tho by the sounds of her it'd be like talking to the wall

flanzer

its legal, sorry to tell ya, but since people live there its not a public place.

But the argument I have is that, no one 'lives' in the common area, if you know what I mean?! And the 'public' living within the apartment block has and needs obvious access to the areas and to go one step further, the cleaning contractors work in this area once a week, so in theory it's a work area??

Supercell

I'd tell the management company that I had asthma and this was putting my health at risk and that the place was unfit for living, I would be AMAZED if you had no rights on health grounds never mind the fire risk aspect of it, what if she pops out for a fag late on a Friday night after being on the piss and burns the place down?

On second thought, that's probably the best approach to take..your health doesnt cost them money..damage or perception of risk of damage to property should get their skates on!

Besides that, the smell of it must be rotton, its bloody inconsiderate of her, that said i'm a born again anti-smoker and this would frankly be a declaration of war - remember courage is grace under pressure..call the company, be calm and logically explain that you're afraid shes going to burn the place down some night, you have asthma or hayfever or both!, and you really would appreciate if they stuck a few no smoking signs up for health and safety reasons for everyone.

So speaketh the keyboard warrior!!

deisemum

Are there any smoke detectors in the communal areas, if not see if the management company could put some up.

senordingdong

Is this like a communal living room type thing or what exactly?

Third_Echelon

senordingdong wrote:

Is this like a communal living room type thing or what exactly?

I imagine it is more like hallways or corridors in the apartment block....

In our apartment building we have a similar issue with people smoking in the lift. The common access areas/'corridors' to the apartment doors are outside, but the lifts etc are inside. Odd setup, but you'd have to see the place to understand the explanation better.

Basically joe soap can leave his apartment and light up a cigarette as he is outside, but when he gets to the lift area it is inside again until he gets outside the actual apartment building...

Annoying really...

[Jackass]

Sorry dude, it sucks, but there's absolutely nothing you can do about it! She's a resident in her own communal area somking a ciggarette...the no smoking in public places only refer to where people are employed....

[cunning homer voice] waaaait a minute! Why don't you hire a cleaner or something? Then she's smoking in a workplace!! Worth a shot...ring the guards or dep. of health or whatever using building 12a 123 fake street and tell them the exact same story except include a cleaner in the equation...if they say it's illegal quickly hang up, hire a cleaner, then ring them back legit!

Genius

Doc_Savage

delah wrote:

Don't know about the legalities, but my apartment block has rules potsed up specifically banning smoking in common areas amongst other stuff.
Doesn't stop people walking along corridors puffing away
.....

i'll second this and say i came across two such lads on the stairs on my way in the door this evening... i showed them the clearly posted rules and they kindly buggered off somewhere without any fuss..

approach with something that they cannot argue against, ie. something written by management, or better : a member of your buildings management!;)

anyway if you're not happy with someone living in your building who is not obeying the rules clearly stated by the management then there is surely a proceedure for officially complaining about them...

billy the squid

It is illegal. not only is it an enclosed area where other residents will use, it is also the workspace of those who maintain the apartment block.

smoking in the apartment is legal, smoking in the coridors and hallways is illegal.

Sam Vimes

flanzer wrote:

But the argument I have is that, no one 'lives' in the common area, if you know what I mean?! And the 'public' living within the apartment block has and needs obvious access to the areas and to go one step further, the cleaning contractors work in this area once a week, so in theory it's a work area??

no one 'lives' in my kitchen either but its still a private residence

i know that my accomodation in galway that you get a 200euro fine if you smoke anywhere indoors!

flanzer

Judging by the concensus of what people are saying, I think there is firm ground that smoking in common area IS illegal!

Gonna get onto the property management company now to air some of your views!

Cheers people

Dustaz

Longfield wrote:

I'd logically explain that you have asthma or hayfever or both!

Because its morally right to lie if it stops the evils of smoking.

rubadub

Put the butts in her letter box. If managment ignore you then I would light a little BBQ in the common area, if they complain about your fire hazard and smoke they will also have to do something about hers under their own same rules.

Siogfinsceal

i think it will probably be up to the management / owners of the partment block. I know the area is not a working area but the owner of a building has a right to say whether someone can smoke in it or not? Did they get back to you?

jimmycrackcorm

Here is your definite answer taken from the Goverment website:

http://oasis.gov.ie/employment/health_and_safety_in_employment/ban_on_smoking_in_the_workplace_in_ireland.html

Print it out and stick it under your neighbours door with an anonymous note that you are going to report it to the management company.

Common areas of buildings
The smoking ban also applies to 'common areas' within buildings. This means for example that corridors, lobby areas and reception areas of buildings such as apartment blocks and hotels are also covered.

If you wish to make a complaint about smoking in a common area of say, an apartment block you should first contact the management company/residents association of the apartment block and try to reach an agreeable solution. If you wish to make a complaint about smoking in a hotel common area, you should first make your complaint to the hotel management. Remember, it is an offence to smoke in an area that has been designated 'non-smoking'.

If your complaint regarding smoking in a common area of a building has not been resolved, you should then telephone the 'Compliance Line' at the Office of Tobacco Control for more advice. (See 'Where to apply' below).

flanzer

Super stuff Jimmy!!

I think that is pretty much definitive.....all that is left to do is get the management company to inform the residents...that's if I can get them. I think they've have gone on strike today or are suffering the ill effects after the Xmas cuz there's no answer!