Do you feel this applies, and this is a violation:
358.12 Uses Not Permitted.EMT shall not be used under
the following conditions:
(1) Where, during installation or afterward, it will be subject to severe physical damage.
(2) Where protected from corrosion solely by enamel.
(3) In cinder concrete or cinder fill where subject to permanent moisture unless protected on all sides by a
layer of noncinder concrete at least 50 mm (2 in.) thick
or unless the tubing is at least 450 mm (18 in.) under
the fill.
(4) In any hazardous (classified) location except as permitted by other articles in this Code.
(5) For the support of luminaires or other equipment except conduit bodies no larger than the largest trade size
of the tubing.
(6) Where practicable, dissimilar metals in contact anywhere in the system shall be avoided to eliminate the
possibility of galvanic action.
358.12 Uses Not Permitted.EMT shall not be used under
the following conditions:
(1) Where, during installation or afterward, it will be subject to severe physical damage.
(2) Where protected from corrosion solely by enamel.
(3) In cinder concrete or cinder fill where subject to permanent moisture unless protected on all sides by a
layer of noncinder concrete at least 50 mm (2 in.) thick
or unless the tubing is at least 450 mm (18 in.) under
the fill.
(4) In any hazardous (classified) location except as permitted by other articles in this Code.
(5) For the support of luminaires or other equipment except conduit bodies no larger than the largest trade size
of the tubing.
(6) Where practicable, dissimilar metals in contact anywhere in the system shall be avoided to eliminate the
possibility of galvanic action.