210.8(A)(6)specifies GFCI in kitchens where receptacles are installed to serve the countertop surfaces. Is this a countertop surface? Since "countertop surface" is not defined, could you call it a work surface or something else? Is this a part of the kitchen? Food for thought here.
Stamcon: I have no problem with your interpretation, but would the judge and jury have a problem with it if someone got killed? A human death is what got the requirement in commercial kitchens, as you know.
Here's my take on this. If there is no code that would define a line (real or imaginary) to separate this area from the kitchen, then by the open space alone, I'd consider it an extension of the kitchen by design.
Ryan, when the '99NEC specifies GFCI's on receptacles serving residential kitchen "countertops" and not all kitchen receptacles, where do we draw the line for safety? Why not all receptacles in the house be GFCI and AFCI? When the NEC considers the kitchen, pantry, breakfast room and dining room as different rooms(small appliance circuits), who makes the call as to what the room is? What's stated on the plans?