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ORD 2008-13 REVISIONS TO CAO BUILDING CODEORDINANCE 2008-13 AN ORDINANCE of the City of Bainbridge Island, pertaining to regulation of geologically hazardous critical areas and the factor of safety for landslide occurrence due to earthquakes; and amending Sections 16.20.150 of Chapter. 16.20 of the Bainbridge Island Municipal Code (BIMC). WHEREAS,' BIMC Chapter 16.20, the Critical Area Ordinance, regulates activities on and adjacent to critical areas; and WHEREAS, geologically hazardous areas are one type of critical area recognized in the Growth Management Act (RCW 36.70A); and WHEREAS, on December 14, 2005, the City Council adopted Ordinance No. 2005-03 amending BIMC Chapter 16.20 of the Bainbridge Municipal Code; and WHEREAS, on November 14, 2007, the City Council adopted Ordinance 2007- 05 that amended the geologically hazardous areas section of the BIMC Chapter 16.20, including language utilizing the State of Washington Department of Community, Trade and Economic Development example provisions that related to factor of safety for landslide hazard design; and WHEREAS, the factor of safety in the CTED example provision was appropriate for Uniform Building Code standards but not appropriate for International Building Code standards, the standard imposed by State law and adopted by the City in BIMC Chapter 15.04; and WHEREAS, the City Council desires to amend the factor of safety provisions of BIMC 16.20 to reflect and be consistent with the standards of the International Building Code; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 16.20.150(E)(1)(e) of Chapter 16.20 of the Bainbridge Island Municipal Code is amended to read as follows: e. The proposed development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 4-.4 1.0 for dynamic conditions. Analysis of dynamic conditions shall be based on the minimum horizontal acceleration for the probabilistic maximum considered earthquake as established by the currently adopted version of the International Building Code. Section 2. Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. Section 3. Effective Date. This ordinance shall take effect on and be in force five (5) days from and after its passage, approval, and publication as required by law. PASSED by the City Council this 13th day of August 2008. APPROVED by the Mayor this 201h day of August 2008. ATTEST/AUTHENTICATE: '110laA,w�l Va5 Rosalind D. Lassoff, CMC, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: Darlene Kordonowy, Mayor June 17, 2008 August 13, 2008 August 20, 2008 August 25, 2008 2008-13 2