Lets take the exception out of play by saying the receptacle is supplied by a 14/2 Rx with no ground. The conductor length and condition needs no modification, now does the replacement receptacle require AFCI protection?
OK. Great for-instance situation. You don't describe whether the receptacle is the replacement or the old one yet to be replaced.
If the receptacle is the new replacement receptacle, and the conductor length was not extended, then, YES, AFCI protection is required, as I read 406.4(D), and I also check 210.12 and find that where the receptacle is included in the list of areas requiring AFCI. To my reading of this whole set of related
Code, if there is already GFCI protection somewhere upstream on this existing "14/2 Rx with no ground", then, I can simply replace the receptacle device with a OBC AFCI and apply the GFCI and No EGC labels, -OR- I can put in a regular non-TR two-wire non-grounding type receptacle and add AFCI upstream, -OR- I can put in a regular TR grounding-type receptacle with GFCI and No EGC labels and add both AFCI and GFCI upstream.
If the receptacle outlet is being opened up for the first time, prior to receptacle replacement, and the person finds what you describe, THEN, it is still up in the air. Nothing I am aware of in the
Code will prevent the person from adding pigtails, and, conversely, nothing in the
Code will require that the person add pigtails. It is simply the person's choice.
Being the repair person's choice, ultimately means that the person who pays the bill gets to pick whether they pay more to add AFCI and all its pluses and minuses or whether they forego AFCI and pay a potentially tiny amount for the replacement. Given a choice, what will the client chose? Hmmmm?