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.
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