There is no way around the 3/8" rule. The only way to do it right would be to rebuild the stairs.
Here is an excerpt form the 03 IRC, enjoy

:
R311.5 Stairways.
R311.5.1Width. Stairways shall not be less than 36 inches
(914 mm) in clear width at all points above the permitted
handrail height and below the required headroom height.
Handrails shall not project more than 4.5 inches (114 mm)
on either side of the stairway and the minimum clear width
of the stairway at and below the handrail height, including
treads and landings, shall not be less than 31.5 inches (787
mm) where a handrail is installed on one side and 27 inches
(698 mm) where handrails are provided on both sides.
Exception: The width of spiral stairways shall be in accordance
with Section R311.5.8.
R311.5.2 Headroom. The minimum headroom in all parts
of the stairway shall not be less than 6 feet 8 inches (2036
mm) measured vertically from the sloped plane adjoining
the tread nosing or from the floor surface of the landing or
platform.
R311.5.3 Stair treads and risers.
R311.5.3.1 Riser height. The maximum riser height
shall be 73/4 inches (196 mm). The riser shall be measured
vertically between leading edges of the adjacent
treads. The greatest riser height within any flight of stairs
shall not exceed the smallest by more than 3/8 inch (9.5
mm).
R311.5.3.2 Tread depth. The minimum tread depth
shall be 10 inches (254 mm). The tread depth shall be
measured horizontally between the vertical planes of the
foremost projection of adjacent treads and at a right angle
to the tread’s leading edge. The greatest tread depth
within any flight of stairs shall not exceed the smallest by
more than 3/8 inch (9.5 mm). Winder treads shall have a
minimum tread depth of 10 inches (254 mm) measured
as above at a point 12 inches (305) mm from the side
where the treads are narrower.Winder treads shall have a
minimum tread depth of 6 inches (152 mm) at any point.
Within any flight of stairs, the greatest winder tread
depth at the 12 inch (305 mm) walk line shall not exceed
the smallest by more than 3/8 inch (9.5 mm).
R311.5.3.3 Profile. The radius of curvature at the leading
edge of the tread shall be no greater than 9/16 inch(14.3 mm). A nosing not less than 3/4 inch (19 mm) but
not more than 11/4 inch (32 mm) shall be provided on
stairways with solid risers. The greatest nosing projection
shall not exceed the smallest nosing projection by
more than 3/8 inch (9.5 mm) between two stories, including
the nosing at the level of floors and landings.
Beveling of nosing shall not exceed 1/2 inch (12.7 mm).
Risers shall be vertical or sloped from the underside of
the leading edge of the tread above at an angle not more
than 30 (0.51 rad) degrees from the vertical. Open risers
are permitted, provided that the opening between treads
does not permit the passage of a 4-inch diameter (102
mm) sphere.
Exceptions:
1. Anosing is not required where the tread depth is
a minimum of 11 inches (279 mm).
2. The opening between adjacent treads is not limited
on stairs with a total rise of 30 inches (762
mm) or less.
R311.5.4 Landings for stairways. There shall be a floor or
landing at the top and bottom of each stairway.
Exception:Afloor or landing is not required at the top of
an interior flight of stairs, provided a door does not swing
over the stairs.
A flight of stairs shall not have a vertical rise greater than
12 feet (3658 mm) between floor levels or landings.
The width of each landing shall not be less than the stairway
served. Every landing shall have a minimum dimension
of 36 inches (914 mm) measured in the direction of travel.
R311.5.5 Stairway walking surface. The walking surface
of treads and landings of stairways shall be sloped no
steeper than one unit vertical in 48 inches horizontal (2-percent
slope).
R311.5.6 Handrails. Handrails shall be provided on at least
one side of each continuous run of treads or flight with four
or more risers.
R311.5.6.1 Height. Handrail height, measured vertically
from the sloped plane adjoining the tread nosing, or finish
surface of ramp slope, shall be not less than 34 inches
(864 mm) and not more than 38 inches (965 mm).
R311.5.6.2 Continuity. Handrails for stairways shall be
continuous for the full length of the flight, from a point
directly above the top riser of the flight to a point directly
above lowest riser of the flight. Handrail ends shall be returned
or shall terminate in newel posts or safety terminals.
Handrails adjacent to awall shall have a space of not
less than 11/2 inch (38 mm) between the wall and the
handrails.
Exceptions:
1. Handrails shall be permitted to be interrupted
by a newel post at the turn.
2. The use of a volute, turnout, starting easing or
starting newel shall be allowed over the lowest
tread.
R311.5.6.3 Handrail grip size. All required handrails
shall be of one of the following types or provide equivalent
graspability.
1. Type I. Handrails with a circular cross section shall
have an outside diameter of at least 11/4 inches (32
mm) and not greater than 2 inches (51 mm). If the
handrail is not circular it shall have a perimeter dimension
of at least 4 inches (102 mm) and not
greater than 61/4 inches (160 mm) with a maximum
cross section of dimension of 21/4 inches(57 mm).
2. Type II. Handrails with a perimeter greater than 61/4
inches (160mm)shall provide a graspable finger recess
area on both sides of the profile. The finger recess
shall begin within a distance of 3/4 inch (19mm)
measured vertically from the tallest portion of the
profile and achieve a depth of at least 5/16 inch (8
mm) within 7/8 inch (22 mm) below the widest portion
of the profile. This required depth shall continue
for at least 3/8 inch (10 mm) to a level that is not
less than 13/4 inches (45 mm) below the tallest portion
of the profile. The minimum width of the handrail
above the recess shall be 11/4 inches (32mm)to a
maximum of 23/4 inches (70 mm). Edges shall have
a minimum radius of 0.01 inches (0.25 mm).
R311.5.7 Illumination. All stairs shall be provided with illumination
in accordance with Section R303.6.
R311.5.8 Special stairways. Circular stairways, spiral
stairways, winders and bulkhead enclosure stairways shall
comply with all requirements of Section R311.5 except as
specified below.
R311.5.8.1 Spiral stairways. Spiral stairways are permitted,
provided the minimum width shall be 26 inches
(660 mm) with each tread having a 71/2-inches (190 mm)
minimum tread depth at 12 inches from the narrower
edge. All treads shall be identical, and the rise shall be no
more than 91/2 inches (241 mm). A minimum headroom
of 6 feet 6 inches (1982 mm) shall be provided.
R311.5.8.2 Bulkhead enclosure stairways. Stairways
serving bulkhead enclosures, not part of the required
building egress, providing access from the outside grade
level to the basement shall be exempt from the requirements
of Sections R311.4.3 and R311.5 where the maximum
height from the basement finished floor level to
grade adjacent to the stairway does not exceed 8 feet
(2438 mm), and the grade level opening to the stairway is
covered by a bulkhead enclosure with hinged doors or
other approved means.