Hate to start this debate again…and I don’t care too much about code…but I do care about safety 
This doesn’t seem safe to me…the angle of the pic could have been better, but this fixture is directly above the shower…granted the actual light fixture is not…but the ceiling box is…and no caulk or waterproofing of any kind…
I am going to write it up as a safety issue…and help on the wording would be appreciated.
Thanks
Tony,
You won’t get any debate from me. That’s got to go.
Doesn’t look like a light fixture for a bathroom.
Unlisted electrical outlet within the plane of the shower enclosure is a potential safety hazard. Recommend correction by qualified electrician.
Then you can explain the difference between outlets and receptacles. 
“Unlisted electrical outlet within the plane of the shower enclosure is a potential safety hazard. Recommend correction by qualified electrician.”
What I would say. Pass off the liability to an electrician. Let them explain to a judge that it was no problem. “But you honor, it was code.” :mrgreen:
Take upon yourself your client’s liability and pass it back to those who deserve it.
My motto.
Hope this helps;
I like that…simple. 
Yeppers. Not allowed but just in case you DO want code…lol…view Art 410.4(D)…anyway does not matter Tony if it is off to the side or not as it is within the 3’ area of the tub and not allowed and yes is a safety issue you can write up.
http://www.mikeholt.com/onlinetraining/page_images/1100705340_2.jpg
Part II. Luminaire Locations
The text was modified to clarify the types of luminaires not permitted within 3 ft horizontally and 8 ft vertically from the top of the bathtub rim or shower stall. And new rule requires luminaires in bathtub or shower zone to be listed for damp locations, or listed for wet locations where subject to shower spray. (D) Above Bathtubs. No part of chain-, cable-, or cord luminaires, track lighting, or ceiling paddle fans is permitted to be located within 3 ft horizontally and 8 ft vertically from the top of the bathtub rim or shower stall threshold (bathtub/shower luminaire zone).
Author’s Comment: The 3 ft by 8 ft bathtub/shower luminaire zone does not apply to recessed or surface mounted luminaires, switches, or receptacles. See 404.4 for switch requirements and 406.8© for receptacle requirements.
Luminaires located in bathtub and shower zone must be listed for damp locations, or listed for wet locations where subject to shower spray.
Courtesy Mike Holt Enterprises
All the above and it looks as though that is a detachable shower head that can be inadvertently pointed up and spray the fixture.
Steve
Damn I have no idea why so many people are anti-Code…good lord people…the CODE is about safety even at a minimum.
Stop fighting it and embrace it…GESSSHHH…Hell I do BOTH and I have no problem embracing it…
The reason some of us post CODE is to not just say WHY it is not allowed…you need SOME FORM OF RECOGNITION to understand why and the code simply BACKS YOU UP on your safety call…GESSSHHHH
I mean…My Lord…just because someone posts CODE to explain something does not mean you dont have enough common sense to NOT quote it in your report…thats not OUR fault if you can’t define the two…
I embrace code. I even read it to put myself to sleep after too many margaritas. However, I don’t cite code in my reports because my E&O insurance does not cover me for citing code.
Thats what I am saying…Just because Electricians and Others like myself explain some issues using code examples…does not mean a HI is supposed to quote it…it is for the LEARNING experience only…GESSSHHH…
I think some people on here think just because we use it as a teaching tool that it has to be quoted in a report…hell you can sign your reports with the name Jimmy Hoffa for all I care…we only use code here sometimes to show examples of safety issues the NFPA and NEC have already uncovered and why the code book was written…
Anyway…I don’t care…I do home inspections as well and I never quote any code…but I also do Code Inspections where I HAVE to quote code…either way…I know how to turn either one on and off…I am guessing some others do not…which is why some members have Code-Phobia
And that’s why I don’t mind at all reading the technical posts by the Abernathys and Tedescos of the world. I learn, yet I’m intelligent enough :shock: to know what to use and what to keep in my head as the basis for my business.
I don’t mind you guys quoting code either…BUT…because I did a search of this topic prior to posting it…I was privvy to the pissing match that ensued another time when this was brought up…and wanted to avoid it if I could…don’t stop what you do Paul…!
Deal killers.:mrgreen:
lol…Oh Brian…lol…tehhehe
Naw…when I teach seminars to home inspectors I do not bring up code hardly at all…the only time It is used here on the boards is to try and define a point…I will never just post code and RUN…I always try to give a personal slant or view on the subject so that HI’s can relate…thats important to me…I just think CODE happens to be an important part of my foundation as an HI…
If you ask 90% of the HI clients out their what your job is I can almost guarantee they say to enforce the codes or something like that…they are wrong…BUT if the HI does not spend a little time in their profession learning some of them…why do it at all…we learn something NEW everyday.
People just have to learn to take with them what they can use and leave what they can’t where it was learned…here on the boards…again just because every now and then code is posted…thats for educational purposes to explain a point…not to tell you to quote code…thats all…
I’m done with my little rant on the subject now…unless it just can’t rest…lol
Dang Mr. Decker always trying to pass off the liability to Electricians…
Brian, how is this a deal killer? It would take about 15 minutes to remove that luminaire, disconnect the feed and blank off the hole.
Sadly
It would take the new owner 15 minutes to put it back.
Hopefully they would spend a few extra bucks to put in a recessed can with shower trim, best hooking it to the load side of the GFCI.
That is what a responsible electrician might suggest.
You can point out hazards without killing deals.
Someday soon, buyers may be hard to find.
Paul, I am not sure how much liability a 3d party electrician would have in this situation, unless they actually change something. I am not sure liability for “inspections” is actually present for an electrician.
Brian forgot his razzy?
I think so.