PROPERTY AGENTS IN THE NEW BUILDING WORKS
Law 42/2010 has amended some articles of Law 28/2005 (SP/LEG/3482) of the smoking measures and regulating the sale, supply, consumption and advertising of Snuff products, among which are:
Article 2. Definitions
e) spaces for public use: more affordable to the general public or places for collective use, regardless of public or private.
Article 7.
smoking ban smoking is prohibited, in addition to places or areas defined in the regulations of the Autonomous Communities, in:
i) Leisure or recreation centers, except in outdoor areas.
m) lifts and elevators.
w) Enclosures playgrounds and areas or play areas for children, meaning those outdoor spaces containing drawings or upgrading equipment specifically designed for gaming and entertainment of children.
x) In all other indoor public or collective use.
Article 19. Infringements
2. Be considered minor offenses:
a) smoking in places where there is prohibition or outside the designated areas.
3. Be regarded as grave breaches:
b) Allow smoking in places where there is prevented from doing so.
4. Very serious breaches do not affect the Community of Owners.
Article 20. Sanctions
1. Minor offenses are punishable by fine of 30 to 600 euros, except in the form of smoking in prohibited places under Article 19.2.a), which is punishable by a fine of up to 30 euros if the infringement is performed in isolation, the serious, a fine from 601 euros to 10,000 euros, and very serious, from 10,001 euros to 600,000 euros.
Article 21. Persons responsible
1. Of different offenses will be responsible for its author, meaning the person or entity who commits the acts classified as such.
Article 22. Inspection and sanction competition
2. Without prejudice to the reservation in favor of the State Administration regarding the inspection and control, inspection and sanction powers under the relevant bodies of the Autonomous Regions and the Autonomous Cities.
Article 23. Individual and collective actions
1. The holder of a right or legitimate interest may require before administrative bodies and judicial enforcement of any order and compliance with the provisions of this Act Comment
All these items are those that affect the Community of Owners. Essentially banned smoking in all enclosed areas of the building, among which we include lifts, elevators, portal, stairways, corridors and any community element that is closed.
may smoke only in areas that are outdoors, where they do not have access to children, so if the community has a playground, should be bounded.
The Autonomous Communities may impose sanctions against both committing the offense and against whom the permits, so the Board of Owners may not permit smoking in areas prohibited by law bans Compliance must be required by the Community, or their employees, and if there is any offender must present the corresponding report.
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