There's nothing in code saying that the handrail can't continue beyond the top tread.
It does say that the handrail needs to be continuous (no breaks) down the flight of stairs. That iron rail isn't a code compliant handrail either. You really need to run the handrail on the other side if you want to bring things up to code.
It does say that the handrail needs to be continuous (no breaks) down the flight of stairs. That iron rail isn't a code compliant handrail either. You really need to run the handrail on the other side if you want to bring things up to code.