I don't suppose you have the actual text handy? Diagrams and illustrations can sometimes be deceiving, it helps to have the actual legal text handy.
For what little it's worth, here is how the IBC is worded:
Quote:
1009.2 Headroom. Stairways shall have a minimum headroom clearance of 80 inches (2032 mm) measured vertically from a line connecting the edge of the nosings. Such headroom shall be continuous above the stairway to the point where the line intersects the landing below, one tread depth beyond the bottom riser. The minimum clearance shall be maintained the full width of the stairway and landing.
If it's anything like this, you're beat.
Is this at rough or trim?