Yeah, it is a local ammendment. You won't find it in the NEC.
I'm pretty much with Tony- any cable we stock is plenum. But if you have a large data job that requires CAT5 and you can use riser it pays not to use plenum. That's also one reason we use CAT3 for voice, unlike CAT5 or 6 there is little difference in cost between riser and plenum so for voice it's always plenum.
-Hal