Do you feel that the uses permitted is all inclusive or the uses not permited is all inclusive? For example 334.10 does not say NM cable is allowed in construction Types I and II and 334.12,Use not permited, does not show it as prohibited.
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?
Mark Heller "Well - I oughta....." -Jackie Gleason