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A sub in the same structure or dwelling (attached) requires a grounding conductor or a metallic path back to the panel.
If the feeder is run in metal conduit, only three wires are required.

If the feeder to the sub panel is cable, then yes, he must use a 3 wire cable assembly with ground.

There has been much debate over which method provides the best metallic path back to the source. Some believe conduit is a much superior path.
Some believe a grounding conductor is a superior path.

The best part is you can do it either way and be compliant.
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