SCR161 SD1

WHEREAS, Hawaii has the highest rate of drowning in the country at an annual average of 2.4 victims for every one hundred thousand residents who drown in the State's ocean waters, lakes, dams and reservoirs, rainwater retention and detention ponds, flood waters, swimming pools, spas, and private homes; and

WHEREAS the rate more than doubles when including visitor statistics, making it the nation's riskiest destination in terms of water safety; and

WHEREAS, Hawaii's keiki are the most vulnerable to drowning, which in this State and nine others, is the leading cause of death among children aged fourteen and younger; and

WHEREAS, among children under age five, drowning accidents in swimming pools are the leading cause of injury and death, while Hawaii's older keiki are more vulnerable to drowning in the ocean, lakes, ponds, dams and reservoirs, rainwater catchments, as well as detention and retention ponds; and

WHEREAS, detention and retention ponds are meant to hold storm water and rainwater catchments are similarly used to harvest runoff rainwater; and

WHEREAS, unregulated and poorly maintained rainwater detention and retention ponds pose a serious health and safety risk, particularly to Hawaii's children because these ponds are often mistaken for recreational bodies of water; and

WHEREAS, rainwater detention and retention ponds should be clearly marked with hazard and warning signs that prohibit swimming and water sports; and

WHEREAS, the Department of Health has recommended action to reduce Hawaii's drowning rate and set a goal more than a year ago to reduce that rate by more than half, to less than one resident per one hundred thousand by 2010; and

WHEREAS, a high drowning rate detracts from the State's image as a safe as well as pleasurable visitor destination; and

WHEREAS, the American Academy of Pediatrics and the Consumer Product Safety Commission have recommended fencing to protect children from circumventing adult supervision, and the State's injury prevention panel has recommended four-sided isolation fencing for residential pools to isolate them from the house or yard; and

WHEREAS, just like pools, rainwater detention and retention ponds should be similarly enclosed with chain-link or see-through fencing that is at least four feet high and accessed by a single locked gate; and

WHEREAS, a statewide rainwater detention and retention pond safety program needs to be implemented by the State to protect the safety of our children; and

WHEREAS, the program should develop and implement rules and regulations that balance the importance of regulating rainwater detention and retention ponds to ensure public safety with the assurance of compliance by all state agencies and private sector builders and developers; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the House of Representatives concurring, that the Department of Health is requested to implement a statewide rainwater detention and retention pond safety program; and

BE IT FURTHER RESOLVED that the Department of Health is requested to carry out the following as part of the safety program:

(1) Encourage and assist developers or persons responsible for constructing or maintaining a retention pond, detention pond, or catchment area pond to adopt a maintenance and inspection plan to ensure adequate safety; and

(2) Encourage installation of chain link or see-through fencing and signage to deter children from playing and congregating around or near these ponds or drainage areas; and

BE IT FURTHER RESOLVED that the Department of Health is also requested to develop retention pond, detention pond, and catchment area pond safety into the Department's water safety curriculum; and

BE IT FURTHER RESOLVED that the Department of Health is urged to request the Governor to provide funding to implement the statewide rainwater detention and retention pond safety program to the fullest extent required; and

BE IT FURTHER RESOLVED that the statewide rainwater detention and retention pond safety program should not be applied to or affect golf course properties; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and the Director of Health.

Report Title:

Rainwater Detention and Retention Pond Safety Program; DOH

THE SENATE	S.C.R. NO.	161
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII