That is not what it says..........Read carefully............ It does nor say "outside of the tub" it says "WITHIN" the outside dimension"
('17) .......Luminaires located within the actual outside dimension of the bath‐ tub 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.
('17) .......Luminaires located within the actual outside dimension of the bath‐ tub 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.