The Denver Post

Company accused of forgoing permits

- By David Migoya David Migoya: 303-954-1506, dmigoya@denverpost.com or @davidmigoy­a

A Westminste­r-based heating and cooling company for years has intentiona­lly avoided pulling permits on hundreds of jobs it did in Denver, in part to avoid the scrutiny of city inspectors over allegedly shoddy and dangerous work, according to a lawsuit seeking to shut it down.

Mile High Heating & Cooling and its owner, Kevin Dykman, 50, are accused of failing to pull the permits to install furnaces, hot water heaters and air-conditioni­ng units over the past five years — and at least once telling a consumer that they had. They also used unskilled or uncertifie­d workmen to do the jobs, the civil lawsuit by the Colorado attorney general’s office alleges.

Like many of his technician­s, Dykman has no formal training in his field, known as HVAC, and holds no certificat­ions or licenses in it, the AG lawsuit says. Before starting his company in 2012 in Arvada, Dykman worked as a call center customer service representa­tive, the lawsuit says.

His son, Kasey Dykman, 24, is the manager of the business and is also named as a defendant. The Dykmans did not wish to comment.

Unlike plumbers and electricia­ns, Colorado does not license HVAC installati­on or maintenanc­e technician­s, but some municipali­ties and counties do. In Denver, for example, they are captured under the mechanical contractor license and must pass an exam and have a minimum number of hours of training.

The state estimates Mile High has installed about 1,000 furnaces in the Denver metro area since it began operating. Virtually every city requires a permit for the installati­on of a furnace, but the company rarely got them. AG investigat­ors say they culled through a sampling of the company’s records and found Mile High had obtained permits on just seven of 95 installati­ons.

The elder Dykman allegedly instructed employees to “tell consumers that they can and should ‘waive’ building permits,’” the lawsuit says, and that allowing a city inspector into a home risks them finding issues with other areas of the house.

The younger Dykman told investigat­ors that permits were merely a way to “give the government money,” and that the majority of inspectors “don’t know what they are doing,” the lawsuit quotes him as saying.

The lawsuit cites testimony from several former, unnamed employees who were concerned that untrained technician­s were putting consumers at risk, even though its advertisem­ents promised “expert” service from “certified” technician­s.

“If somebody’s servicing a piece of equipment that is untrained and they do something wrong … a homeowner can be susceptibl­e to … carbon monoxide poisoning, gas leaks which can lead to fire, explosions,” according to one of the former employees.

The state lays out two instances in the lawsuit in which city inspectors in Sheridan and Denver separately found the company’s unpermitte­d furnace installati­on work to be faulty and dangerous.

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