Television in Tub Zone

The Photo is of a Television located in the bathroom over the tub. This home is in one of the top ten Exclusive Communities in the country based on Forbes Magazine. The electrical is direct wired into the box. This outlet is not on the remainder of the bathroom circuits. NO GFCI. The cable is also not protected? Controls for the Television are on the top of the unit. I would classify the TV as a "Luminair" and as being "Cord Connected." This is an accident waiting to happen.
Section 208-81National Electrical Code requires all bathroom outlets to be protected by a Ground Fault Circuit Interrupter.
E3901.7 Wet locations. A switch or circuit breaker located in a wet location or outside of a building shall be enclosed in a weatherproof enclosure or cabinet. Switches shall not be installed within wet locations in tub or shower spaces unless installed as part of a listed tub or shower assembly.
National Electrical Code, Section 410-57(d), Outlets and Switches are not allowed in the Bath Tub, Shower or Spa area. Receptacles may be installed below the tub to attach the cord from a spa. Switches for a spa tub are required to be a minimum of 5'-0" from the tub. See also NEC 680.43 Indoor Installations for Spas and Hot Tubs. NEC, 410.04(D) Bathtub and Shower Areas. No parts of cord-connected luminaires (fixtures), hanging luminaires (fixtures), 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 zone directly over the tub or shower stall.
Richard Franklin

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M. Handler,

Answered to fast. There is NO GFCI breaker in the main panel. It appears this may have been done after the final inspection on the home. My recommendation to the new owner was to cut out an opening in the wall (behind is a water closet with a toilet and bidet). Install tempered glass on the tub side. Rewire everything from inside the water closet. Black out the edges of the glass and put a vent back on the TV. No controls or outlet on the tub side.
I think I would call the receptacle this plugs into a 406.8(C) violation and be ready to argue.

C) Bathtub and Shower Space. Receptacles shall not be installed within or directly over a bathtub or shower stall.

If you can stand in the tub and touch it without reaching outside the shower curtain it is tub space (IMHO)
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