Romex for use in non metallic conduit in an assembly area

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Bossairman

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Oakland Maryland
I was recently asked to install a circuit in a assembly area. The assembly occupancy is over 100. The conduit is existing but recently installed by another person and is non metallic PVC conduit. Current circuits exist in the conduit are of NMC cable (romex). The NMC runs through the PVC conduit into the assembly area. The PVC is behind 5/8 drywall or gypsum board.
In reading the code in section 334.12 (5) NMC is not permitted to be used in theaters and similar locations. No exceptions can I find. The non metallic conduit can be used behind the fire barrier (5/8 drywall) but I cannot find anything allowing the use of NMC cable (romex) installed in those conduits. in the feeder conduit which is one inch installed by others there are 5 circuits of romex filling the conduit that nothing could be added. The area is not sprinklered but the PVC is behind 5/8 drywall.

Concerns: Use of Romex in an assembly area and over fill of the conduit due to physical size of the romex
 
NM and PVC is ot allowed in an assembly. The pvc can go through the space if encased in 2" concrete.

518.4 Wiring Methods.
(A) General. The fixed wiring methods shall be metal raceways, flexible metal raceways, nonmetallic raceways encased in not less than 50 mm (2 in.) of concrete, Type MI, MC, or AC cable. The wiring method shall itself qualify as an equipment grounding conductor according to 250.118 or shall contain an insulated equipment grounding conductor sized in accordance with Table 250.122.
Exception: Fixed wiring methods shall be as provided in
(a) Audio signal processing, amplification, and reproduction equipment ? Article 640
(b) Communications circuits ? Article 800
(c) Class 2 and Class 3 remote-control and signaling circuits ? Article 725
(d) Fire alarm circuits ? Article 760
(B) Nonrated Construction. In addition to the wiring methods of 518.4(A), nonmetallic-sheathed cable, Type AC cable, electrical nonmetallic tubing, and rigid nonmetallic conduit shall be permitted to be installed in those buildings or portions thereof that are not required to be of fire-rated construction by the applicable building code.
FPN: Fire-rated construction is the fire-resistive classification used in building codes.
(C) Spaces with Finish Rating. Electrical nonmetallic tubing and rigid nonmetallic conduit shall be permitted to be installed in club rooms, conference and meeting rooms in hotels or motels, courtrooms, dining facilities, restaurants, mortuary chapels, museums, libraries, and places of religious worship where the following apply:
(1) The electrical nonmetallic tubing or rigid nonmetallic conduit is installed concealed within walls, floors, and ceilings where the walls, floors, and ceilings provide a thermal barrier of material that has at least a 15-minute finish rating as identified in listings of fire-rated assemblies.
(2) The electrical nonmetallic tubing or rigid nonmetallic conduit is installed above suspended ceilings where the suspended ceilings provide a thermal barrier of material that has at least a 15-minute finish rating as identified in listings of fire-rated assemblies.
Electrical nonmetallic tubing and rigid nonmetallic conduit are not recognized for use in other space used for environmental air in accordance with 300.22(C).
FPN: A finish rating is established for assemblies containing combustible (wood) supports. The finish rating is defined as the time at which the wood stud or wood joist reaches an average temperature rise of 121?C (250?F) or an individual temperature rise of 163?C (325?F) as measured on the plane of the wood nearest the fire. A finish rating is not intended to represent a rating for a membrane ceiling.
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