The legacy of the 5-year-old girl who sacrificed her own life to save her friend from drowning has now manifested into a new law.
Gov. Josh Green signed Senate Bill 1221 into “Sharkey's Law,” which establishes safeguards for stormwater retention and detention ponds across the state.
The new law is inspired by Charlotte “Sharkey” Schaefers. In 2004, 5-year-old Sharkey drowned while saving her 3-year-old friend who was struggling in a retention pond.
These ponds are kept at a consistent water level, even during the drier times of the year. They collect runoff from storms and general rain, which keeps debris out of drainage systems that could otherwise cause flooding. The ponds also allow sediments and pollutants to settle out before the water gets released back into its surrounding environment.
Detention ponds are similar, but are not intended to hold a steady amount of water. These ponds also collect rainwater and runoff, but the water is then released at a controlled rate to control flooding and erosion.
However, when not properly maintained, both types of ponds can turn dangerous, or even deadly.
Sharkey's mom, Allison Schaefers, worked with the Legislature and the Hawai’i Water Coalition to form the bill. Schaefers describes these ponds as “death pits” and that the lack of maintenance, signage, and floating buoys in the pond all contributed to her daughter's death.
Rep. Jeanné Kapela was at the official signing and stated that this is a step in the direction of safer communities, waters, and keiki.
“Hawaiʻi's resident drowning rate is the second highest in the nation, and drowning remains the leading cause of death for children ages one to 15,” Kapela said. “Yet, alarmingly, less than 2% of our second graders possess basic water safety skills and self-rescue skills.”
The law requires new ponds to meet strict safety regulations before they are built. It also mandates signage clearly indicating that swimming is not allowed, enclosed fencing, and flotation devices to be installed around or near each pond.
Counties must survey their existing ponds to make sure they meet the same requirements and are regularly maintained.
Schaefers spoke to attendees of the bill's signing as if she were speaking to her late daughter, Sharkey.
“We’ll take the life-saving from here,” she said.
