On Wed, 11 Mar 2015 13:51:31 -0500, dpb wrote:

On 03/11/2015 2:43 PM, wrote:
...

Consider this. The Microwave (MW) develops a problem, causing a dead
short. There is no properly sized breaker to trip. ...

A "dead short" will certainly trip even the 40A breaker instantly.

The actual fire danger is, imo, quite low w/ the single device; where it
would be a serious hazard from that standpoint would be multiple outlets
where one could easily put a normal load that greatly exceeds the
outlet/local wiring heating limits, but that isn't the case here of the
single device.

Is it right? No.
Should it be corrected? Yes.
But is it an _imminent,standing_ fire or safety hazard? No.

Take a 20 A circuit in the kitchen. Each appliance used in the
kitchen will normally max out the circuit. Is there a danger with
only the microwave plugged in? Not normally.

Plug a microwave and a deep fryer into the same outlet (on a 40A
breaker). Fire hazard easily.