Kingston Select Board upholds chief’s authority to use foam in life‑threatening mutual‑aid incidents, 4‑1

The Kingston Select Board on April 21 voted 4‑1 to uphold a previous decision permitting the fire chief to accept or request foam from Pease Air Force Base when the chief determines its use is necessary to save life.

Town counsel had circulated a written advisory and a draft “no‑foam” mutual aid agreement that would remove the town’s indemnification responsibility but would also prohibit the Air Force and town responders from using foam during mutual‑aid responses. The select board reviewed the counsel’s memo, which reiterated that the no‑foam language removes town indemnification obligations but restricts foam use.

Counsel’s letter, as read into the record by the chair, said the proposed no‑foam agreement “eliminates the requirement that the town indemnify the Air Force” but that it “is a no foam agreement,” meaning the Air Force would not use foam in Kingston and the town would not use foam in mutual‑aid responses if it signed that version.

Chief Pellerin told the board his primary duty is life safety and said he would want the discretion to use foam if a life were at stake. Several board members discussed the contamination risks historically associated with Class B foam, citing a past incident in Epping where foam reportedly entered wells after a tanker rollover. The chief, and other board members supporting the previous policy, argued that refusing foam could expose the town to greater litigation risk if lives were lost.

Laurie Sweed said she was opposed based on counsel’s warning about potential liability and said she preferred the no‑foam approach. Peter Bakke and other board members said they prefer to give operational discretion to the fire chief in critical situations.

Motion by Ellie Alessio, second by Peter Bakke, to uphold the earlier decision allowing the chief to make the determination on use of foam from Pease Air Force Base; vote: 4 yes, 1 no (Sweed opposed).