Harold:
I think that 310.9 is clear and gives some reason to be concerned.
It may be necessary to call attention to the following NEC rule, that you as the AHJ can enforce.
"110.12(C) Integrity of Electrical Equipment and Connections.
Internal parts of electrical equipment, including busbars, wiring terminals, insulators, and other surfaces, shall not be damaged or contaminated by foreign materials such as paint, plaster, cleaners, abrasives, or corrosive residues.
There shall be no damaged parts that may adversely affect safe operation or mechanical strength of the equipment such as parts that are broken; bent; cut; or deteriorated by corrosion, chemical action, or overheating."
However, the permission to use paint to identify the grounded conductor still can be found in the code under 200.7(C)
"Circuits of 50 Volts or More.
The use of insulation that is white or gray or that has three continuous white stripes for other than a grounded conductor for circuits of 50 volts or more shall be permitted only as in (1) through (3).
(1) If part of a cable assembly and where the insulation is permanently reidentified to indicate its use as an ungrounded conductor, by painting or other effective means at its termination, and at each location where the conductor is visible and accessible.
(2) Where a cable assembly contains an insulated conductor for single-pole, 3-way or 4-way switch loops and the conductor with white or gray insulation or a marking of three continuous white stripes is used for the supply to the switch but not as a return conductor from the switch to the switched outlet.
In these applications, the conductor with white or gray insulation or with three continuous white stripes shall be permanently reidentified to indicate its use by painting or other effective means at its terminations and at each location where the conductor is visible and accessible."
Another example, and possible conflicting statement in the 2002 NECH Commentary is where they still recommend "taping and painting" would seem to be a violation because of the rule in the exception here to 230.54(B)
Exception: Type SE cable shall be permitted to be formed in a gooseneck and taped with a self-sealing weather-resistant thermoplastic.
Personally, I think paint is sloppy and in the electrical industry there are better ways to identify the grounded conductor without using paint!
[This message has been edited by Joe Tedesco (edited 10-07-2002).]