Chapter 2
False Sense of Security
A Certificate of Occupancy Isn't a Home Inspection
"The nine most terrifying words in the English language are: I'm from the Government, and I'm here to help."
— Ronald Reagan
Why I wouldn't rely on a City of Kennesaw inspection or Certificate of Occupancy when buying a home.
One of the things I have learned through my experience is not to confuse a municipal inspection or Certificate of Occupancy with an independent determination that a home was well constructed. The City itself tells the public that inspections are conducted to maintain safety standards and lists "Protect future home purchasers" as one reason construction permits are necessary. That makes what I subsequently learned about Kennesaw's inspection practices particularly concerning to me.
My concerns extend beyond Galt Commons. Based on what I have personally observed and subsequently learned about Building Services' inspection practices, I would be extremely hesitant to recommend that a friend or loved one purchase new construction anywhere within the City of Kennesaw.
The Governing Ordinance
What Kennesaw's Own Code Requires
Section 18-52 of the City of Kennesaw Code defines what constitutes a "qualified inspector" based on the type of inspection being performed. Among its requirements, building inspections require ICC Building Inspector certification; residential electrical inspections require ICC Residential Electrical Inspector certification or a qualifying state electrical contractor license; mechanical inspections require ICC Mechanical Inspector certification or a qualifying conditioned air contractor license; plumbing inspections require ICC Plumbing Inspector certification or a qualifying plumbing license; and a person inspecting any portion of the International Residential Code may qualify through ICC certification as a one- and two-family dwelling inspector. The ordinance expressly identifies footings, foundations, concrete slabs, framing, electrical, plumbing, and HVAC among the inspections a qualified inspector may perform. I requested records from the City to determine who was performing these inspections and what qualifications the City relied upon for each inspector.
Read Kennesaw Code § 18-52Chronological Record
The Records I Requested — And What I Received
July 8, 2026
I Asked Who Was Qualified
I submitted an Open Records Request to the City of Kennesaw seeking, in part: records identifying which Building Services personnel are authorized to perform inspections and otherwise exercise any authority of the Building Official, along with records demonstrating the qualifications required for each such position, including any required International Code Council (ICC) certifications, Georgia professional or contractor licenses, building inspector certifications, one- and two-family dwelling inspector certifications, or other credentials relied upon by the City to satisfy the qualification requirements of Section 18-52 of the City Code.
July 14, 2026
The City Responds
The City marked the request completed on July 14, 2026 and produced responsive records. The records identified Building Official/Director of Building Services Scott Banks and William "Bill" Hand as inspectors and included ICC certification records for them. No qualification records were produced for the individual who would later be identified as Donald "Lee" Penton, despite my having repeatedly observed him performing inspections.
July 30, 2026
I Asked the Obvious Question
Despite the City's response, I had repeatedly observed another Building Services employee independently performing inspections. I therefore asked Scott Banks why the City's Open Records response identified only himself and Bill Hand. I specifically asked whether Building Services permitted individuals who did not independently satisfy Section 18-52's qualification requirements to perform inspections or, if the other individual was qualified, why the records establishing those qualifications had not been produced in response to my Open Records Request.
This correspondence included: Building Official Scott Banks, City Attorney Fred Bentley Jr., Assistant City Attorney Sam Hensley Jr., now-Interim City Manager Marty Hughes.
August 3, 2026
The City Attorney Responds
On August 3, 2026, City Attorney Fred Bentley Jr., writing on behalf of the City of Kennesaw, responded. He identified the other inspector as Lee Penton, described him as a "certified inspector," stated that his certification had "inadvertently" not been included in the City's earlier response and would be forwarded separately, and represented that all inspections at Galt Commons had either been performed or supervised by Bill Hand or Scott Banks.
City of Kennesaw — Official Response (August 3, 2026)
"Regarding your inquiry concerning inspector qualifications, Lee Penton is a certified inspector. It appears that a copy of his certification was not previously provided and will forward it to you separately. All inspections at Galt Commons have either been performed or supervised by Bill Hand or Scott Banks, both of whom possess the required certifications."
August 7, 2026
The Records Arrive — And What They Show
Despite the City Attorney's August 3 representation that Penton's certification would be forwarded separately, the promised records did not promptly arrive. On August 4, I submitted a new Open Records Request specifically seeking the records supporting Penton's authority to perform inspections. The City completed that request on August 7. The records showed that the certification the City relied upon for Donald "Lee" Penton qualified him for mechanical inspections ONLY, but did not qualify him for the electrical, footing, and other non-mechanical inspections I had personally observed him performing. Under the qualification requirements of Section 18-52, Penton was not qualified to independently perform those inspections.
August 7, 2026
I Challenge the City's Characterization
After reviewing the newly produced qualification records, I emailed City Attorney Fred Bentley Jr. that same day and challenged the City's prior characterization. The records provided critical context absent from the City's August 3 response: while the City Attorney had broadly described Penton as a "certified inspector," the certification subsequently produced qualified him for just mechanical inspections. I also challenged the City's separate assertion that "all inspections at Galt Commons have either been performed or supervised by Bill Hand or Scott Banks." That assertion was inconsistent with what I personally observed at Galt Commons, including Penton independently performing inspections while the inspectors divided work among multiple lots.
My Observations
The Missing Certification
Building Services is a small department of approximately seven employees, with only three individuals I identified as performing inspections: Scott Banks, Bill Hand, and Lee Penton. My request specifically sought records identifying personnel authorized to perform inspections and the qualifications relied upon by the City. Yet the City's completed response, prepared by Director of Building Services Scott Banks, omitted Penton's qualification records entirely. In other words, the response omitted one of only two other inspectors in Banks' department.
Only after I specifically questioned why another individual was performing inspections did the City Attorney identify Lee Penton and state that his certification had "inadvertently" not been provided. Given the size of the department, the scope of my request, and the fact that Penton was one of only two other inspectors I had identified performing inspections, I find the explanation that his records were simply omitted difficult to reconcile with the circumstances.
Readers can decide for themselves how persuasive they find that explanation.
"Performed or Supervised"
The City's "performed or supervised" explanation raises another problem: I have found no provision in Georgia law or Kennesaw's ordinance allowing an inspector who lacks the required qualification for a particular type of inspection to perform that inspection simply because another qualified inspector supposedly supervises them. Both Georgia law and Section 18-52 define inspector qualifications based on the type of inspection being performed.
More importantly, "supervised" does not describe what I repeatedly witnessed at Galt Commons. I observed Hand and Penton divide the active lots between themselves and conduct inspections independently. I did not observe Hand subsequently inspect or validate the electrical, footing, and other inspections performed by Penton that Penton's qualification records show he was not qualified to independently perform.
The City's own records make that explanation even harder to reconcile. Penton's name is repeatedly identified in the official inspection histories for inspections he was not qualified to independently perform. If Hand or Banks actually performed, supervised, and took responsibility for those inspections, why does the City's official record identify Penton as the inspector? That leaves a basic question: who actually performed and took responsibility for those inspections, the individual identified in the City's official record, or someone else?
Firsthand Account
What I Personally Observed
My concerns are not limited to certification paperwork. Even when inspections were performed by William "Bill" Hand, whose qualification records were produced by the City, what I repeatedly observed gave me little confidence in the thoroughness of Kennesaw's inspection process.
I repeatedly watched Hand arrive at active construction sites, spend only a few minutes inspecting, and leave. He routinely walked the sites with his hands in his pockets. I never observed him carrying or consulting building plans, and I never observed meaningful measurements being taken.
This was particularly concerning when multiple Galt Commons homes at similar stages of construction were awaiting the same type of inspection. With as many as five homes awaiting inspection, I repeatedly observed Hand spend a few minutes on one or two before quickly moving through the others or visually inspecting them from a distance. What I observed appeared to treat the first one or two homes as a representative sample for the others, rather than each separate structure receiving its own independent inspection.
What I witnessed did not resemble the level of scrutiny I would expect buyers to assume occurred when they later see "Passed" in a municipal inspection record. After watching the process firsthand, I would never treat a passed City of Kennesaw inspection or Certificate of Occupancy as assurance that a newly constructed home was thoroughly inspected or properly built.
Before You Make the Biggest Purchase of Your Life
Do not assume that "passed inspection" means the home is free of code violations or construction defects.
Do not assume that a Certificate of Occupancy is a substitute for an independent home inspection.
Before purchasing new construction in Kennesaw, obtain the property's complete municipal inspection history. Look at who performed each inspection, when it occurred, the result, and any comments or deficiencies recorded. Then hire a qualified independent home inspector who works for you, not the builder or municipality.
The link below opens the City of Kennesaw's Open Records Request portal, where you can request the inspection history for any property.
Bottom Line
After what I have personally observed and learned about Kennesaw's inspection process, I would not rely on a passed City inspection or Certificate of Occupancy as assurance that a newly constructed home was thoroughly inspected or properly built.
I would not purchase newly constructed property within Kennesaw city limits without having the construction independently inspected by someone working solely for me.
For me, the lesson from Galt Commons is simple: a municipal inspection should not create a false sense of security. When the investment is this significant, verify the construction independently rather than assuming someone else already did.
Buying at Galt Commons?
If you are considering purchasing a home at Galt Commons, I'm happy to share the construction issues I would specifically look for and the records I would request before closing.
Contact Me