Smoking in Corridors of Apartment Blocks

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25 Feb 2011 12:00 AM by Irene&Alan Star rating in Formentera del Segur.... 701 posts Send private message

Irene&Alan´s avatar

Hi There

Does anyone know if the smoking in public places apply to corridors in our apartment blocks? One could argue that they are public places perhaps

Thanks

Irene





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26 Feb 2011 5:06 PM by jek Star rating. 249 posts Send private message

jek´s avatar

I'd say it was definitely illegal.  Try a denuncia to your local polica local.  They should tell you whether it's ok or not.  But get on to your comunidad too.  They should display no smoking signs.





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26 Feb 2011 5:57 PM by Karensun Star rating in Orihuela Costa. 1474 posts Send private message

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Irene,

I don't think it will be illegal as the actual Community building is private. It is only public to those who live there!

It's like your solarium, that is private to your owners as is your pool.

However we have a no smoking rule in our corridors and lifts as voted at AGM and last year they also voted for no smoking in the area surrounding the pool.

Difficulty is stopping people doing it cos apart from standing there all day you can only smell the after effects. Mostly people in ours comply with the rule.



_______________________
  ' Do unto others as you would be done by'
   
         Now a non-smoker !  



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26 Feb 2011 7:18 PM by Irene&Alan Star rating in Formentera del Segur.... 701 posts Send private message

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Cheers Karen & Jek. Opposing views I see. Our AGM is coming up. I´m going to make sure it´s on the agenda.

Adios

Irene





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26 Feb 2011 8:33 PM by jek Star rating. 249 posts Send private message

jek´s avatar

Sorry Karen but I think that you are wrong. 

The 2010 law added an extra criterion for places where the anti-smoking law applies - "Espacios de uso público: lugares accesibles al público en general o lugares de uso colectivo, con independencia de su titularidad pública o privada" (my emphasis). 

I reckon communal corridors in multi-occupancy buildings and any other communal rooms would qualify as "lugares de uso colectivo" irrespective of whether they were private or public.  The law banned smoking anywhere in care homes for example other than designated outdoor areas.  It definitely applies to what you might consider private properties.  If the solarium is enclosed it is illegal to smoke there.  If the pool has a separate designated children's pool or play area, smoking is illegal there. 

The interesting question for your comunidads is who is liable for enforcement.  If you denounce someone that you see smoking in the corridor that person can be fined (if you could ever prove it).  But in a bar it's the bar owner who is also liable to a pretty severe fine for allowing it.  So is the comunidad liable to ensure compliance with this provision of the law - on penalty of a large fine if it doesn't prevent it?





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27 Feb 2011 1:33 AM by tr1067 Star rating. 5 posts Send private message

hi,irene and allen,you should have keep that question for the charo quiz,lol did you enjoy your break in the uk?i will be over on the 7th march for a week hope to see you,tommy [belfast]





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27 Feb 2011 10:11 AM by gill556 Star rating in orihuela. 69 posts Send private message

until the new law came into being people were allowed to smoke in our pool area provided they used a covered ash tray. Our administrator  tells us that this is now illegal and we have to have new signs made to that effect.





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