Wall mounted exhaust fan in shower stall

What are your thoughts about this wall mounted exhaust fan in shower stall.

[FONT=Comic Sans MS]It’s not GFCI or identified as protected. I understand that the NEC does not require exhaust fans to be GFCI protected. While most fans for this type of application doin the manufacturer instructions require GFCI protection, I would recommend a GFCI is required especially since this is a damp or wet location. Fan is also not clearly marked “Suitable for Damp Locations”

And what about the fan location, does it seem a little close to the shower head, I know for a light fixture the NEC, article 410.4 (D) basically states that no light fixture other than a recessed-type can be mounted within 3’ horizontally and 8’ vertically from the top of the bathtub rim or shower stall threshold and of course this is not.
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Personally I don’t see a problem with it. The NEC wouldn’t restrict it being there unless it was deemed a wet location which IMO it isn’t. Is it listed for damp locaitons, I would think that it is but don’t know for sure. IMO it really all boils down to how the fan is listed and if the installation is within the listing of the unit.

Gary it is not the same application as a light fixture so no the same rule does not apply. However the exhaust fan must be rated for damp conditions and look at the grill I think that is a standard exhaust fan design.

The NEC does not state that any fixture except a recessed can be in that zone. Surface mounted fixtures listed for the damp area would be allowed.

This is the 2011 410.10(D)

**[FONT=Times-Bold]size=2 Bathtub and Shower Areas. **[/size][/FONT][FONT=Times-Roman][size=2]No parts of cord-connected
luminaires, chain-, cable-, or cord-suspended luminaires, lighting
track, pendants, or ceiling-suspended (paddle) fans shall
be located within a zone measured 900 mm (3 ft) horizontally
and 2.5 m (8 ft) vertically from the top of the bathtub rim or
shower stall threshold. This zone is all encompassing and includes
the space directly over the tub or shower stall. Luminaires
located within the actual outside dimension of the bathtub
or shower to a height of 2.5 m (8 ft) vertically from the top
of the bathtub rim or shower threshold shall be marked for
damp locations, or marked for wet locations where subject to
shower spray.
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Thanks Robert and Kevin for your valued input
I was mainly having a concern as to the location of the exhaust fan and have not seen one quite so close.

Thanks Jim