Bathroom Window

Found this window in a bathroom, in the tub/shower area. It is 5 1/2 " corner to corner, 36" from the floor and the sill was 17" from the window to the edge of the tub. To me this window should be tempered glass, but I would like your opinions.

Yes it is required when less than 60 inches from the tub drain.

That window looks to predate the code (1991) for windows in the bathtub area. I would recommend that while repairs are not required, tempered glass or a safety barrier should be installed as a safety upgrade.