Well George, I guess it is up to you then....
Although, as I said before, I see Romex as a "combustable", and has no place in Type 1, which are supposed to be "Non-combustable" in type of construction.
And that this code was written in a purposefully vague wording designed to be manipulated.
I see your point though... Doesn't allow, or dis-allow....
334.10 has notes: Not part of the NEC!
Do you enforce codes outside of it?
FPN No. 1:Building constructions are defined in NFPA 220-1999, Standard on Types of Building Construction, or the applicable building code, or both.
FPN No. 2:See Annex E for determination of building types [NFPA 220, Table 3-1].
Might be up to your Building, or Fire Inspector to throw down the guantlet from the codes they enforce.... Fire-stopping isn't really in the NEC, do you enforce that, or do they?