Tub Spout Under Flood Level

[Tuttles Revenge]

I've got a client who has this tub that has the tub spout under the flood level and they want to remodel the tub/shower valve. Obviously its a cross contamination hazard. Once I touch it I have to eliminate the hazard. I'm trying to find a way that I can keep the tub filler in its current location but eliminate the cross contamination. A vacuum breaker would work, but I cant figure out a place to put it.

 

[WorthFlorida]

What is a drain valve? The other issue is no overflow for the tub. I remember one post where an inspector failed a remodel because the modern style tub had no overflow. Any reason the spout is where it is currently? Can it be moved to under the valve body? Can a toe popper be used for the drain stopper? Is this for someone with physical disabilities? A spring loaded check valve before the spout might work. A vacuum relief or a WATTS backflow preventer?

 

[Sponsor]

 

[Tuttles Revenge]

This is an existing 100yr old home. The cross handle operates a stopper for the drain only. The mixing valve has a diverter to switch to the shower head.

I'm not worried about the overflow, its grandfathered in.. just the tub filler being a cross contamination can't be grandfathered in because it presents a "dangerous condition"

Photo labels were for reference to someone elses question here.. But under the label that says water supply is the mechanism the cross handle operates.