This weekend I will be wiring a 120/240v 8,800 watt range (oven with 4 burners on top). My questions concern wire and breaker size. I've asked about this before and I still cannot determine the best answer.

I understand that under the NEC, the minimum sized circuit for a range is 40 amp, using #8-3 cable. But doesn't the 80% rule apply here? If so, wouldn't that require that I use a 50 Amp breaker with larger wire (e.g. #6-3).

Here is what I believe the answer is based on previous posts, but I need one of you more experienced guys to confirm (or correct me if I'm wrong):

I can use 40 amp double pole breaker with #8-3 cable. The 80% rule does not apply because this would not qualify as a continuous load, which allows me to load the circuit 100%. Is that correct?