GFCI protection

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Situation regarding a receptacle in the living room of a newly constructed apartment. The receptacle is not within the bounds of the kitchen but is located 3 feet from the kitchen sink and outside the counter top. Does 210.8 A 7 apply?
 
GFCI protection

I have and electrical engineer stating that this does says this does not apply to this receptacle since the wording in the NEC stated "sinks--located in areas other than kitchens". He says that the kitchen sink does not apply to this receptacle in this situation. I argue differently and the owner and electrician don't want to change the receptacle since they used the AFCI only and not a combination.
 
I have and electrical engineer stating that this does says this does not apply to this receptacle since the wording in the NEC stated "sinks--located in areas other than kitchens". He says that the kitchen sink does not apply to this receptacle in this situation. I argue differently and the owner and electrician don't want to change the receptacle since they used the AFCI only and not a combination.
Isn't TX under 2014 NEC? 210.8(A)(7) was changed from 2011. The "located in areas other than kitchens" part was deleted.

2014 NEC 210.8(A) said:
(7) Sinks — where receptacles are installed within 1.8 m
(6 ft) of the outside edge of the sink
 
If 2011 NEC applied it is in compliance as is.

If you replace the receptacle and 2014 or 2017 applies - you need to provide GFCI protection.
 
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