Maryland leaders are working with a grieving family to change state storm drain regulations and laws following the death of a 13-year-old boy who drowned in a drainage pipe. 

Mason Kearns died after being pulled into the drain during a severe rainstorm on July 31. 

Maryland Lieutenant Governor Aruna Miller and the Kearns family gathered Friday at the site where Mason lost his life to raise awareness about the tragedy and announce proposed legislation to improve storm drain safety across the state. 

Mason's Law proposed 

Mason's Law would mandate the marking, guarding, or grading of horizontal storm drains of certain diameters. 

"We are currently in contact with engineers to find scientific evidence of what those diameter ranges will be once these specifications are finalized. Mason's law will take every judicial step necessary to ensure no family in the state of Maryland ever has to endure the pain and loss that our family has," Kearns' aunt Allison Eggleston said Friday. 

During Friday's press conference, Eggleston cited the National Institute for Occupational Safety and Health (NIOSH) as she discussed the research into what happened to her nephew. 

"Not a single law that outlines mandated marking, guarding or grading horizontal storm drain systems to protect life," Eggleston said. 

"NIOSH offers recommendations, State Highway Administration and Department of Transportation agencies offer guidelines," she said. "Recommendations and guidelines are not law."

Family recalls Mason's death 

On Friday, Eggleston recounted the day her family lost Mason Kearns. 

"Mason was not playing in or near a storm drain. He was standing on what he and everyone else thought was normal, solid ground," Eggleston said. 

In just seconds, Kearns was sucked into the drain, getting stuck under a five-foot pool of water, according to rescue officials.

"Mason and his brother, Clay, were in their backyard, just 10 yards away from their apartment door," Eggleston explained. "The reservoir on the west side of the apartments overflowed in a matter of minutes, which brought water rushing down that hill." 

"The storm drain pipe, which took Mason's life, was not visible, not just on this rainy day, but for a period that goes back prior to their moving in at the beginning of this year," Eggleston added. 

It was a tragedy unlike anything Mt. Airy first responders had ever seen. 

"Responders did everything right, utilizing every resource, equipment and skill, and still, it took almost an hour to free his body," Eggleston said. 

Mt. Airy spokesperson Doug Alexander previously told WJZ that the water was chest to waist deep as first responders tried to pull the teen from the drain.

"He was submerged underwater, stuck and invisible due to an instant five-foot pool of water gathered in front of the pipe. Not just stuck. Mason was vacuum sealed into this drainpipe for reference," said Eggelston. "Mason was 5 feet, 6 inches, 180 pounds, the size of an adult."

"On Mason's death certificate, he did not drown. He died of positional asphyxiation, unable to take a breath, unable to move, unable to even have a fighting chance of emerging above the water," she continued. 

Mt. Airy leaders take action

The Mayor of Mt. Airy, Larry Hushour, and the town's engineer acted quickly following the incident, manufacturing a grate and cover to place over the drain where Kearns lost his life. They're actively working on a permanent solution for the other 2,000 pipes in town. 

"We have ordered signage and installed proper grates to remediate the drains once they are identified as a hazard," Hushour said. "While this may sound like an exhausting task, it is a task. It is not overwhelming, and it is necessary."

"They are also expanding and improving Mt. Airy's proactive maintenance to include pre-storm prep and inspection," Eggleston said. "While retroactive, we cannot thank the town enough for these actions to make certain that nothing like Mason's tragedy will happen again in our community." 

Egglston also cited a ProPublica investigation revealing at least 36 similar deaths over six years across the country. This includes the recent death of 5-year-old Zaria Miller, who was swept into a storm drain in Sarasota, Florida.

"[My] Nephew is part of an unnecessary statistic, a name on a list, a list that should not exist," said Eggleston.

Maryland leaders step in to help

Lt. Gov. Miller is also stepping in to help Kearns' loved ones with the proposed legislation. 

"Because Mason's story is all of our story, a reminder that safety is something we all have a stake in, whether at the state, federal, county or community level," Miller said.

If you or someone you know has had a safety concern or issue with your surrounding storm drainpipes, reported or unreported, email and share your experience with us at MasonsLaw13@gmail.com.