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Is This Electrical Installation Code Compliant?

NEC 334.15(B) Protection from Physical Damage.
Cable shall be protected from physical damage where necessary…….

Not all jurisdictions have a blanket requirement to protect NM cable in all cases. The argument could be made that this cable is out of the way and not subject to physical damage. Then there are those jurisdictions that would not allow this under any circumstances.
 
For the sake of conversation, let's imagine this was in a residential application. Specifically, R-3, type V construction. Assuming this was permitted to be "exposed work" per 334.15:

Would you allow it to be painted? Or would that be a violation of 310.8.

Or would you consider painting to be "physical damage" and would running NM cable on a surface that's likely to be painted make it "subject to physical damage"?
 
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