Post update with further information from BFD.
This statement just in from Fire Commissioner Roderick Fraser:
I have reviewed the evidence provided by the Boston Police Department regarding the events at the Rise nightclub as well as the documentation provided by my Nightclub Inspectors and have determined that the Rise was in violation of their posted capacity and have fined them accordingly. The Boston Fire Department takes overcrowding or any other violations of the fire code which would endanger the public's safety, very seriously.
Department spokesman Steve MacDonald said that even the club's own counters showed the club had exceeded its 292-person capacity by 25 to 30 people, and that the club was fined $100. He added the department told club owners yesterday they were free to re-open.
MacDonald said the department couldn't get into the dispute between the club and the police department over the exact number of excess people inside because its inspectors did not get to the club until most people had already left. Police allege 800 people were crammed into the club; the club says that is physically impossible.
In hindsight, MacDonald said, he shouldn't have told the Herald yesterday the department wouldn't cite Rise, because inspectors were still compiling their reports at the time.